Application to Amend Fish Names in the Australian Fish Names Standard

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Application to Amend Fish Names in the Australian Fish Names Standard SSA USE ONLY: Date received:26 November 2012 Application No: 211 SSA pre assessment: Date: 27 February 2013 Outcome: Proceed to FNC 23 FNC initial evaluation: Date: Outcome: Public consultation: Date: Outcome: FNC final evaluation: Date: Outcome: Checklist Key actions to prepare a standard fish name application Applicant SSA Use Check out the Fish Names Processes at www.seafood.net.au/fishnames/. Yes Completed Search the searchable Standard Fish Names Database at www.fishnames.com.au which lists the current standard fish name, as well as obsolete names for the species. Test your proposed standard fish name against the protocols for selecting names at www.seafood.net.au/fishnames/. Determine whether samples of the species are required and if so supply them (see 5.2 of SSA Fish Names Procedures). Consult key fish names stakeholders on your proposed standard fish name (see 5.2 of SSA Fish Names Procedures). Completed Completed Completed Completed Attach responses from key stakeholders relating to your proposal. Include a summary of changes (if any) that you made in response to concerns raised by key stakeholders. Submit your application on the official fish names application form. Attention applicants Review this checklist before completing the attached application form. It will help you to ensure that sufficient information is provided with your application for it to be considered by the FNC. Attach documentation to help demonstrate that you have completed the actions required above. For example, you should include copies of: Emails, letters or notes on samples are needed for taxonomic assessment emails, letters or notes demonstrating consultation with key stakeholders a summary of key stakeholder views on your draft application Anything else that can help your application progress smoothly. NOTE Public Consultation is a critical part of the fish names process. This application and additional information will be made available to the public. 211 Flake - Shark Industry Alliance 1

1: Applicant Details Name Affiliation or company Address Julia McCarthy Southern Shark Industry Alliance 12 Warleigh Grove City Brighton State VIC Postcode 3186 Phone number 03 9596 5272, 0414 521 520 Fax number 03 9596 5294 Email address julia@redlegs.net Date of application 2: Submitting the Application Date submitted: 26 November 2012 Signature of applicant (not required if submitted from the applicant s email address): 3: Application Type Add a new standard fish name Amend an existing standard fish name Amend an existing standard fish group name 4: Proposed standard fish name (SFN) Proposed SFN (1 st preference): Proposed SFN (2 nd preference): Current standard fish name: Flake Australian Flake GUMMY SHARK (S) 5: Species details Scientific name (genus and species): Species type (eg, finfish, crustacean, mollusc, jellyfish, sea cucumber, seaweed, sea urchin, sharks & rays): Mustelus spp, Triakidae Shark Specify the States and Territories in which the species is 211 Flake - Shark Industry Alliance 2

harvested: (Australian species) Country of Origin (Imported species): VIC, TAS, SA, WA. N/A Categories: Note: If the species falls into multiple categories, mark all relevant categories. Commercial species: yes/no Exported species: yes/no Recreational species: yes/no Aquaculture species: yes/no Imported species: yes/no Other (specify): yes/no Additional details (new species only) If your application is to add a new standard fish name to the Australian Fish Names Standard, you: will need to provide colour photographs of the whole animal and product (e.g. fish fillet) may need to provide samples for positive identification will need to provide samples for taxonomic assessment if samples are not already held by CSIRO or a relevant museum (5.2 of Fish Names Procedures has information on samples). The following information is required to assist with species identification. Specify habitat type/s for the species Specify harvesting method/s for the species Freshwater Estuarine Coastal Other (Specify): Trawl Non-trawl net (eg seine, gillnet) Aquaculture Other (Specify): Demersal shelf: under 200 meters Demersal slope: over 200 meters Oceanic / pelagic Pot or trap Line (eg longline, dropline), Recreational fishing 6: Protocols for selecting standard fish names The Fish Names Committee will assess whether your proposed standard fish name complies with the protocols for selecting standard fish names. Comment briefly below on whether you believe your proposed standard name complies with the protocols. If in doubt, explain why your proposed standard fish name should still be approved. 211 Flake - Shark Industry Alliance 3

Download the full protocols from the Applications page at www.seafood.net.au/fishnames/. Protocol 6.4.1: Compliance with international obligations Requires that a standard fish name: Applicant Comment SSA Use accords products originating from other members of the WTO, no less favourable treatment than products of Australian origin. does not create unnecessary obstacles to international trade. Product is not available from other members of the WTO. Australian product only. 6.4.2: Compliance with Federal and State laws Requires that a standard fish name:: maintains or enhances the protection of public health and safety provides adequate information to enable consumers to make informed choices helps to prevent misleading or deceptive conduct does not result in anti-competitive practices Agreed does not facilitate unconscionable conduct Agreed is consistent with applicable industry codes of conduct Will enhance public health by guaranteeing the product is not a substitute from unknown sources. Gives the consumer more clarity in their purchase, to know the product must be Gummy Shark, rather than a substitute shark species of unknown origin and stock status. This will assist in prevention of the misleading practice of imported shark species being sold as local flake. Agreed 211 Flake - Shark Industry Alliance 4

Protocol Applicant Comment SSA Use protects consumers against unfair practices. Protection for the consumer to know exactly what they are purchasing. 6.4.3 Preferred names Preference will be given to: a name that has over-riding historical significance The Southern Shark Fishery began in 1927, and has been the supply of locally caught flake ever since. Flake is widely known for Fish and Chips especially in Vic and SA. When ordering fish and chips the consumer relates that directly to locally wildcaught Shark from a well managed Australian Fishery. a name that is internationally accepted Collins English Dictionary 2003 defines it as: the commercial name for the meat of the Gummy Shark. a regional name where the species is most commonly encountered/caught Yes a name commonly used in Australia Yes 211 Flake - Shark Industry Alliance 5

Protocol Applicant Comment SSA Use a name that has strong stakeholder support Stakeholder support established from the shark industry, distributors and ENGO s. a name used in recent mainstream field guides Yes a name that most effectively distinguishes a species from its closest relatives a name that generally conforms to other members of the family or generic-level grouping a name that is simple, unambiguous, and easily readable. 6.4.4 One name per species n/a, this is a rename only. As above Yes Requires that each species may be assigned a single, standard fish name, and no two species may have the same approved standard name. 6.4.5 Group names A group standard fish name: may cover multiple species in a particular scientific family or group of fish, and Complies with may not be the same as a species standard fish name, and Complied with will follow internationally accepted names unless alternatives are well entrenched in Australian mainstream literature. 6.4.6 Subspecies and hybrids Subspecies and hybrids will not generally be given a standard fish name. 6.4.7 Structure of names Requires standard fish names to simplicity in names and structure (see protocols for full details). Complied with 211 Flake - Shark Industry Alliance 6

Protocol 6.4.8 Scientific names Applicant Comment SSA Use If the scientific name of a species changes, the standard fish name should remain unaffected unless there is a good reason for change. Generic or family scientific names may be used as standard fish. 6.4.9 Other grammatical rules and exceptions Standard fish names should adhere to the following: Use capital letters at the start of each word except directly following a hyphen Abbreviated forms of words and combined words are preferred Words that end in 'ate': For adjectives a 'd' is not required at the end of the word. For verbs a 'd' is required at the end of the word. Combine words that: precede band, banded, bar, barred or blotched; or follow double, false or half; or precede line, lined, speckled, spine, spotted, streak or streaked. 'Margin' (a noun) is used if the type or colour of the margin is defined (eg, 'Brownmargin Flathead') 'Margined' (an adjective) is used if it is stand alone (eg, 'Margined Coralfish') Multi is usually combined (eg, 'Multispot Lanternfish') 'Shorthead' is one word (eg, 'Shorthead Lamprey') 'Spangled' not 'spangle' (eg, 'Spangled Emperor') 211 Flake - Shark Industry Alliance 7

7: Justification and Consultation Justification: Summarise why the proposed standard fish names is needed and its benefits. There is a huge need for this change for three main reasons: 1. The Australian consumer historically relates the name Flake to locally caught shark. The consumer will embrace knowing that they are buying Australian product from a well managed sustainable fishery. It will be a natural transition for the consumer to understand. 2. There is world movement to ban all shark fishing, except Gummy Shark. The GUMMY SHARK (S) group of species needs a clear definition away from Shark to protect it as an abundant food source for Australia. Gummy Shark is a Tier 1 species, with biomass above B LIM and close to the target, and not subject to overfishing.(fishery Status Report 2010). In order to utilise this abundant Australian food resource it is necessary to make a distinction between all Shark in general and Gummy Shark. An example of this is the website goodfishbadfish which lists Gummy Shark under Shark(flake), and explains that Flake has become ubiquitous with Australian fish and chips, and the dangerously unspecific term poses a threat to management of fisheries and the consumer s ability to make an informed choice about their purchase. So they classify Shark(flake) as SAY NO and recommends the consumer to select Whiting instead. 3. It will be a step forward in the control of imported species that are incorrectly labelled and sold as flake in Australia. This will assist in reducing the over-exploitation of some shark species from around the world. For example, the Bronze Whaler, carcharhinus brachyurus has been imported into Australia labelled as flake. This species is listed as Near Threatened (NT) under the International Union for Conservation of Nature and Natural Resources (IUCN). Consultation Summarize the responses of key stakeholders (Attach copies of written responses). Impact of Consultation Summarise any key changes made as a consequence of consultation. 211 Flake - Shark Industry Alliance 8

SSA Use Only) SSA Comments on Consultation 8: Related documents and procedures 1. Download related documents and procedures at www.seafood.net.au/fishnames/. 2. SSA Fish Names Procedures 5 Procedures for amending the AFNS 5.1 Overview of process for amending the AFNS 5.2 How to prepare and submit a fish names application SSA pre-assessment of fish names applications INITIAL evaluation by the FNC AFNS Public consultation FINAL evaluation by the FNC Publish and communicate AFNS amendments 6 Protocols for selecting Standard Fish Names 3. Australian Fish Names Standard AS SSA 5300-2007 4. Online Standard Fish Names Database (www.fishnames.com.au) 5. Standard Fish Names Stakeholders Consultation List 6. Tips for complying with standard fish names (www.seafood.net.au/fishnames/) 9: Attachments to Application Attachment 1 Attachment 2 Attachment 3 Attachment 4 211 Flake - Shark Industry Alliance 9