ENVIRONMENTAL RISK MANAGEMENT
AUTHORITY DECISION
19 February 2007
Application Code
HSC06031
Application Type
To manufacture a hazardous substance in containment under
Section 31 of the Hazardous Substances and New Organisms
Act 1996 (the Act)
Applicant
Golder Kingett Mitchell
Level 2, 4 Fred Thomas Drive
Takapuna
Auckland
Purpose of the Application
To undertake field-testing of a crab bait containing a carbarylbased pesticide for use in the control of a non-indigenous
marine crab population (Field trial).
Date Application Received
19 December 2006
Consideration Date
19 February 2007
Considered by
Rob Forlong, Chief Executive of ERMA New Zealand
1 Summary of decision
1.1
The application to manufacture in containment the hazardous substance, crab bait
containing 1 g/kg carbaryl, has been approved with controls in accordance with the
relevant provisions of the Act and the Hazardous Substances and New Organisms
(Methodology) Order 1998 (the Methodology).
1.2
The substance has been given the following unique identifier for the ERMA New
Zealand Hazardous Substances Register:
crab bait containing 1 g/kg carbaryl
1.3
The substance crab bait containing 1 g/kg carbaryl is subsequently referred to
within this document as “carbaryl bait”.
2 Legislative criteria for the application
2.1
The application was lodged pursuant to section 31. The decision was determined in
accordance with section 32, taking into account additional matters to be considered in
that section and matters as specified under Part II of the Act and the provisions of
Part III of the Third Schedule of the Act. Unless otherwise stated, references to
section numbers in this decision refer to sections of the Act.
2.2
Consideration of the application followed the relevant provisions of the Methodology.
Unless otherwise stated, references to clauses in this decision refer to clauses of the
Methodology.
3 Application process
3.1
The application was formally received on 19 December 2006.
3.2
Evaluation of the application was undertaken by the ERMA New Zealand Project
Team which comprised the following staff members:
Noel McCardle
Senior Advisor (Hazardous Substances)
Sue Scobie
Senior Advisor (Hazardous Substances)
Linda Robinson
General Manager (Māori Unit)
3.3
The applicant supplied the following documents:
 the application; and
 supporting references.
3.4
The following government agencies were advised of the receipt of the application (in
accordance with clause 2(2)(e)) and given the opportunity to comment:
 the Ministry of Health;
 the Department of Labour (Workplace Group);
 the Department of Conservation; and
 the Agricultural Compounds and Veterinary Medicines (ACVM) Group of the New
Zealand Food Safety Authority (NZFSA).
3.5
No comments were received from any of the agencies consulted.
3.6
The applicant has advised the Agency that they have received communications from
the Ministry of Fisheries advising that this trial currently falls under Golder Kingett
Mitchell’s Special Permit 341 pursuant to the Fisheries Act 1996, and that the Ministry
has agreed that the biocide carbaryl is appropriate for this project. Consultation has
also been undertaken by the applicant with the Auckland Harbourmaster and Maritime
New Zealand regarding navigation matters.
3.7
The applicant was provided with a copy of the proposed controls for carbaryl bait and
given the opportunity to comment on them. In response, the applicant indicated that
the controls appear to be suitable for the work they wish to undertake, both in the
laboratory and in the field.
4 Consideration
Sequence of the consideration
4.1
This application was considered by the Chief Executive of ERMA New Zealand under
delegated powers from the Authority (section 19(2)(e)).
ERMA New Zealand Decision: Application HSC06031
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4.2
In accordance with section 32, the approach adopted when considering this application
was to confirm whether the application was for one of the purposes specified in
section 30, to identify and assess the risks and to determine whether the substance
could be adequately contained by controls to provide for each of the matters specified
in Part III of the Third Schedule of the Act.
Purpose of the application
4.3
The purpose of the applicaion is to undertake field-testing of a crab bait containing a
carbaryl-based pesticide (retailed as “Kiwicare® No Insects Carbaryl 80”) for use in the
control of a non-indigenous marine crab population (Charybdis japonica) in Turanga
Creek, Auckland.
4.4
The applicant advises that Charybdis japonica was first detected in New Zealand waters
in September 2000 and, although the consequence of this species’ presence in New
Zealand is largely unknown, pest management of C. japonica is required as it is a
potential predator of marine fauna and there is the possibility that it may establish
populations in the habitats of New Zealand crab species. The applicant also considers
that the presence of this non-indigenous crustacean provides the opportunity to
develop control measures that may be suitable for other such incursions.
4.5
Laboratory trials undertaken by the applicant have shown that C. japonica will consume
carbaryl-treated baits and that carbaryl effectively causes mortality in this target crab
species.
4.6
The Project Team considers that the purpose of the application, as stated, amounts to
“research and development on any hazardous substance” and therefore qualifies for
consideration under section 30(ba).
Life cycle of the substance
4.7
The applicant advises that the carbaryl-treated baits will be prepared in the laboratory
at Golder Kingett Mitchell’s office in Auckland.
4.8
The bait will comprise:
 Frozen pilchards purchased from commercial bait suppliers.
 Powdered carbaryl product retailed as “Kiwicare® No Insects Carbaryl 80”
purchased from commercial garden supply stores.
 Gelatin, purchased from food supply stores.
4.9
The resulting weight of each bait portion will be approximately 50 g. The overall
concentration of carbaryl used in the baits is 1 g/kg.
4.10
The baits will be double-bagged in resealable plastic bags during transport from the
laboratory to the trial site.
4.11
On the small research vessel at the trial site, each individual portion of bait will be
secured inside a mesh bag that is then tied with tie wire or cable ties to both the top
and bottom of a crab-trap so that bait is suspended on the inside. The traps will then
be left in the marine environment overnight. After a “soak time” of 24 hours the traps
will be retrieved, the catch retained and any remaining bait removed. Each trap will
ERMA New Zealand Decision: Application HSC06031
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then be rebaited with fresh bait and returned to the same location. This process will be
continued for the duration of the control programme (20-25 days).
4.12
Uneaten bait, deceased crabs and other bycatch will be removed daily and retained in
plastic bags. These will be stored on ice in covered plastic bins while on board the
vessel and during transport to the laboratory. Once in the laboratory, faunal
specimens, unused bait and any other material that has been in contact with the
carbaryl product will be frozen and later disposed of by a commercial waste treatment
company.
Hazardous properties
4.13
Kiwicare® No Insects Carbaryl 80 (HSNO approval code: HSR000819) and the
carbaryl bait have the following hazard classifications:
Hazard Endpoint
Kiwicare®
No Insects
Carbaryl 80
Carbaryl
Bait (0.1%
carbaryl)
Acutely toxic
Suspected carcinogen
Harmful to human target organs or
systems
Very ecotoxic in the aquatic
environment
Ecotoxic in the soil environment
Ecotoxic to terrestrial vertebrates
Very ecotoxic to terrestrial
invertebrates
6.1C
6.7B
6.9B
6.7B
-
9.1A
9.1B
9.2B
9.3B
9.4A
-
4.14
The applicant provided evidence to show that the active ingredient, carbaryl, is:
 not expected to significantly bioaccumulate due to its low logKow.
 practically non-toxic to birds, including ducks.
 considered moderately toxic to fish.
 highly toxic to crabs.
 very highly ecotoxic to estuarine and marine invertebrates, particularly shrimps
 moderately toxic to aquatic plants and algae.
4.15
The Project Team has reviewed the data and other information supplied by the
applicant and considers that the information is sufficient to determine whether any
risks posed within the defined lifecycle of the substance in New Zealand can be
managed through the application of controls.
Identification and evaluation of the significant risks of the substance in
containment
4.16
The applicant has identified and assessed the potential risks and impacts that may arise
from the substance’s contained presence and use in New Zealand. The applicant has
also detailed measures to manage those identified risks and impacts. The Project Team
has reviewed the applicant’s assessment of potential risks and impacts with regard to
the environment, human health and welfare, and Māori issues and concerns. The
Project Team’s review of potentially significant risks is summarised below.
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Risks to the environment
4.17
On the basis of the lifecycle of the substance and its hazardous properties, the Project
Team considers that potentially significant adverse environmental effects arise from its
use resulting in environmental impacts on non-target organisms.
4.18
Because of the toxicity to non-target species, the applicant proposes to take several
measures during the trial to mitigate the effects of carbaryl on the biota of Turanga
Creek. These measures include:
 using bait as a form of application. This eliminates the need for broadcast
dispersion of chemicals throughout the water column which therefore reduces the
volume or concentration of the chemical required to affect the target species.
 placing the baits inside traps. This reduces the range of fauna that may come into
direct contact with the chemical primarily limiting contact to only those species
capable of entering the trap.
 not deploying traps in areas that are exposed at low tide for extended lengths of
time to avoid raiding by seabirds.
4.19
The applicant acknowledges that some non-target species will be capable of entering
the traps. Accordingly, the crustacean and invertebrate fauna within the trial area may
experience some chronic effects as a result of exposure to carbaryl. However, the
applicant considers that nearby estuaries and the Whitford embayment should contain
sufficient faunal populations to restore those of Turanga Creek.
4.20
The applicant indicates from laboratory trials that the leachability of carbaryl from the
baits is very limited. Consequently the risk to non-target species outside the traps is
not considered to be significant.
4.21
The Project Team considers that the contained manufacture and trialling of carbaryl
bait may pose significant risks to the environment. However, the team considers that
the applicant’s substance management provisions are adequate to manage these risks.
Risks to human health and welfare
4.22
On the basis of the lifecycle of the substance, the Project Team considers that the
potentially significant adverse effects on human health and welfare arise from:





4.23
a chemical spill in the laboratory.
unauthorised contact with Kiwicare® No Insects Carbaryl 80 or the carbaryl bait.
public interference with traps.
consumption of baits by people.
consumption of fish that have eaten carbaryl.
The applicant has indicated that the following measures will be put in place to mitigate
these risks:
 all staff handling Kiwicare® No Insects Carbaryl 80 and the carbaryl bait will be
informed about how to handle the materials safely;
 only technicians and scientists involved with the trial programme will handle the
carbaryl bait;
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 signs will be placed within the vicinity of the trial area to warn people not to fish in
the vicinity of the traps, nor gather food or crabs and to advise what to do should
any one consume the bait;
 the bait will be contained within a bait bag and secured inside the traps;
 traps will be deployed subtidally.
4.24
Taking these measures into account, the Project Team considers it unlikely that the
contained manufacture and trialling of carbaryl baits would result in adverse effects to
human health and welfare.
Māori issues and concerns
4.25
The applicant notes that no sites of cultural significance, as identified in Schedule 2 of
the Auckland Regional Coastal Plan, are located within the area where the trial will take
place.
4.26
The applicant advises that they have sent a letter asking appropriate Iwi and Hapu
groups for any comment and that to the date of the application, no responses had
been received.
4.27
The applicant advises that they have sent letters outlining this trial to Ngati Tai (Ngai
Tai ki Umupuia Marae and Ngai Tai ki Tamaki Tribal Trust) and Ngati Paoa (Ngati
Paoa Whanau Trust and Wharekawa Marae (Kaiaua)). Auckland Regional Council has
informed the applicant that they have received an email from Hariata Gordon,
representing the Ngati Paoa Whanau Trust confirming that they have received the
information on the trial and have given their approval. To date the applicant has had
no response from the Ngati Tai contacts.
4.28
Kaupapa Kura Taiao has considered this application and notes that the substance
triggers a number of hazard classifications giving rise to the potential for adverse effect
to aquatic taonga species, the mauri of waterways and native ecosystems, and the role
of iwi/Māori as kaitiaki.
4.29
Having considered the information provided, the contained nature of this application,
the measures taken to address Māori issues and interests, and the controls applied as
part of this decision, Kaupapa Kura Taiao considers any likely impact of this substance
on Māori culture or traditional relationships with their ancestral lands, water, sites,
wāhi tapu, valued flora and fauna or other taonga to be short term and minimal. In
addition there is no evidence to suggest that the controlled use of the substance will
breach the principles of the Treaty of Waitangi.
4.30
However, Kaupapa Kura Taiao considers the applicant should notify iwi/hapu groups
about the approval, and explain the circumstances under which it would be used.
4.31
In addition Kaupapa Kura Taiao considers that the relevant iwi/hapu groups be
advised of any accidental unanticipated use or impact, resulting from the use of
carbaryl baits. This action should include advising the relevant group/s of the
measures taken to contain and remediate.
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Effects on amenity values
4.32
The applicant indicated that the majority of the traps will be located landwards of the
approximately 120 moorings and the main recreational area of the Whitford
embayment. The Project Team accepts that this will largely avoid effects on
recreational boating as it is highly unlikely that boats will head landwards of moorings.
4.33
The Project Team also notes the applicant’s proposals not to locate traps near boat
launch ramps or within areas that are used for the navigation of vessels so that there
will be minimal effect on navigation and safety within the estuary.
4.34
The applicant also advises that the traps will be marked at the surface with labelled
orange marker buoys. These buoys will serve to warn kayakers of the presence of the
traps and thus minimise the potential for disruption of kayaking activities.
4.35
Signs will also be put in place to warn people not to fish in the vicinity of the traps nor
gather food or crabs. The Project Team notes that this will avoid effects on
recreational fishing and that the disruption to fishing and food gathering within the
vicinity of the traps will be temporary only.
Identification and evaluation of the significant benefits of the substance in
containment
4.36
The applicant claims that the proposed trial will potentially remove a pest which
destroys elements of ecosystems and leads to reductions in the populations of native
crab species.
4.37
The applicant also anticipates that the trial will lead to the development of a successful
method for managing other invasive crab populations and it will allow the exact effects
of the discharge of carbaryl into a coastal management area to be gauged before
proceeding with any form of larger-scale eradication project.
4.38
The Project Team considers that these benefits are significant and that, accordingly,
any minor residual risks to people, the environment and to Māori are acceptable
5 Containment and controls
5.1
The Project Team has evaluated the adequacy of the containment arrangements
proposed by the applicant and the controls listed in Appendix 1, and notes that these
cover the matters set out in Part III of the Third Schedule of the Act, being:
 to limit the likelihood of escape of any contained hazardous substances or
contamination by hazardous substances (for example, control 4);
 to exclude organisms from the containment area (for example, control 14);
 to exclude unauthorized people from the containment area (for example, control
12);
 to prevent unintended release of the substances by experimenters working with the
substance (for example, control 15);
 to control the effects of any accidental release of the substance (for example,
control 17);
 inspection and monitoring requirements (for example, control 19); and
ERMA New Zealand Decision: Application HSC06031
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 qualifications required of the person responsible for implementing the controls (for
example, control 15).
5.2
The Project Team is satisfied that, with adherence to the controls listed in Appendix 1 and
those controls in place under other legislation, crab bait containing 1 g/kg carbaryl can be
adequately contained.
6 Decision
6.1
I have considered this application made under section 31, pursuant to section 32, and
am satisfied that this application is for the purpose specified in section 30(ba) i.e. for
purposes of the “research and development” on crab bait containing 1 g/kg carbaryl.
6.2
Having considered the risks associated with the lifecycle of the substance, I am
satisfied that the controls imposed in Appendix 1 and those in place under other
legislation, will result in the substance being adequately contained. Further, I consider
that the controls applied are not too onerous to be complied with.
6.3
In accordance with clause 36(2)(b), I record that, in reaching this conclusion, I have
applied the criteria specified in section 32.
6.4
I have also applied the following criteria in the Methodology:
 clause 9 – equivalent of sections 5, 6 and 8;
 clause 11 – characteristics of substances;
 clause 21 – the decision accords with the requirements of the Act and regulations;
 clause 22 – the evaluation of risks – relevant considerations;
 clause 24 – the use of recognised risk identification, assessment, evaluation and
management techniques.
6.5
The application to manufacture and release into containment the hazardous substance,
crab bait containing 1 g/kg carbaryl, is thus approved pursuant to section 32, with the
controls set out in Appendix 1.
Rob Forlong
Date 19 February 2006
Chief Executive of ERMA New Zealand
ERMA New Zealand Approval Code:
crab bait containing 1 g/kg carbaryl: HSC000264
ERMA New Zealand Decision: Application HSC06031
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APPENDIX 1: LIST OF CONTROLS THAT APPLY TO
THE HAZARDOUS SUBSTANCE, CARBARYL BAIT
(CRAB BAIT CONTAINING 1 G/KG CARBARYL)
General
1. All lifecycle stages from manufacture to disposal shall be undertaken in accordance with the
information provided by the applicant with their application. Any trial protocol devised is to
be consistent with the controls and trial conditions specified within this decision.
Modification of the information provided in the application or trial protocol may be
approved in writing by ERMA New Zealand provided that those modifications comply with
the following controls.
2. Notwithstanding the requirements of control 1 above, the manufacture and trials shall also
comply with the following controls:
3. No more than 60 g of “Kiwicare® No Insects Carbaryl 80” will be used to manufacture baits
during the trial.
Packaging and information
4. The carbaryl bait will be double-bagged in resealable plastic bags during transport from the
laboratory to the trial site.
5. The bags shall be clearly labelled with appropriate safety warnings. The label must also set
out instructions that any of the bait remaining after each trial must be returned in its original
container to the applicant.
6. A Safety Data Sheet for carbaryl, compliant with the Hazardous Substance (Identification)
Regulations 2001, shall accompany each shipment of the substance.
Storage
7. While not in use, the carbaryl bait shall be securely stored. This provision shall apply for the
duration of the approval.
Transport
8. The substance shall be transported in compliance with any relevant requirements of the
Land Transport Rule: Dangerous Goods 2005 or the Maritime Transport Act 1994.
General handling
9. Personal Protective Equipment (PPE), for example, safety glasses, gloves, waterproof
clothing and protective clothing shall be worn when handling the bait, for example during
handling, application and disposal.
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Trial conditions
10. The trials shall be carried out at Turanga Creek within the Whitford embayment as described
in Section 4 of the application. The bait shall only be applied within the containment area
described by the applicant within the application.
11. The bait shall be applied in “opera house” traps as described in the application.
12. For the duration of the trial, signs will be placed within the vicinity of the trial area to
provide details of the trial, to warn people not to fish in the vicinity of the traps, nor gather
food or crabs and to advise what to do should anyone consume the bait.
13. The traps shall be marked at the surface with labelled orange marker buoys. Warning signs
shall be secured to the traps themselves.
14. Traps shall be deployed subtidally.
15. During use the substance shall be under the control of experimental staff who are trained
and experienced in the handling and administration of the substance using the specified
equipment. Experimental staff should also be aware of the trial conditions and the controls
in place in order to adequately manage the substance.
16. A record shall be kept of all use of the bait. This record shall cover all matters referred to in
Regulation 6(1) of the Hazardous Substances (Class 6, 8, and 9 Controls) Regulations 2001
and must be kept for not less than 3 years after the date on which the bait that the record
relates to is applied or discharged.
Emergency management
17. Any accidental spillage of Kiwicare® No Insects Carbaryl 80 or the bait shall be contained,
prevented from entering waterways otherwise than via planned use of the bait, and disposed
of appropriately.
Disposal
18. Any surplus bait remaining at the end of the trial and containers no longer used to contain
the substance shall be disposed of in a manner compliant with the Hazardous Substances
(Disposal) Regulations 2001.
Notification and inspection
19. The Department of Labour [Attn. HSNO Project Manager (Workplace Group) or equivalent
position] and ERMA New Zealand shall be informed in writing (by letter, fax or email) of
the location, start, and completion of the trials. Notifications shall include the following
details:
Substance name
ERMA Application number
ERMA Approval numbers
ERMA Applications advisor
ERMA New Zealand Decision: Application HSC06031
crab bait containing 1 g/kg carbaryl
HSC06031
HSC000264
Noel McCardle
Page 10 of 11
20. The applicant shall notify iwi/hapu groups about the approval, and explain the
circumstances under which it would be used.
21. If for any reason a breach of containment occurs, the Trial Director shall notify the
Department of Labour and ERMA New Zealand within 24 hours of the breach being
detected. It is suggested that if a breach in containment results in contamination of a
waterway, the relevant iwi authorities be advised.
22. The Authority or its authorised agent or properly authorised enforcement officers, may
inspect the facilities and trial sites at any reasonable time. Trial documentation, as described
in Control 1, notwithstanding its confidential nature, shall be available for inspection by any
enforcement officer, upon request.
23. This approval remains in place for a maximum period of 1 year from the date of this
approval.
ERMA New Zealand Decision: Application HSC06031
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