Question: Tropical Fresh Water Shrimp legal or not?

I have copied the below from the updated law Government Gazette, 19 July 2013, and could not find shrimp under invertebrates as that is what they would fall under. I could also not find them under any species on the list of prohibited alien species. The link for all the info is:http://www.invasives.org.za/resourc...ohibited-alien-species-list-19-july-2013.html

INVERTEBRATES (FRESH-WATER)Scientific Name Common Name
Orconectes limosus North American Spiny Cheek Crayfish
Orconectes rusticus Rusty Crayfish
Pacifasticus leniusculas North American Signal Crayfish
Procambarus clarkii Red Swamp Crayfish

As I am very fresh and new in this hobby can anyone tell me if this is correct or not?

 

Ok, so yes, freshwater shrimp are not on the new lists from government. BUT, and it's a big BUT, they are still not permitted for import, or legal to trade in the hobby. Once nature conservation gets going on the list, we will possibly have a list of a few species which will become legal. At the moment, any freshwater shrimp in the trade were illegally brought into the trade, and we may not trade in them until it is legal to do so.

Regards

Sean

 

Hi Sean, thank you for you input and agree as I sent an e-mail last week to the department and they have yet to read it.

 

Probbably lost in the post already :laugh: I would also like to know when the ban is over. Its so mouthwatering to see all the lovely shrimp species available overseas and we got nuting Like I'm going to dump my R400 ea shrimp into the first dam/river because I got bored with them BTW why can you sell marine shrimps in this country ???

 

Hi all. I send a mail to a guy who is the Environmental Management Inspector and Assistant Director : Biodiversity Compliance Monitoring in the Northern Cape on 30 July 2013. I posed 4 questions to him : 1. Is the contents of 19th July publication legal and in affect from that date? 2. No shrimps, in particular Neocardinia, Palaemonetes and Cardina, appear on the list. Is it legal to keep these species? 3. African jewel cichlids (Hemichromis Bimaculatus) are not on the list. Is it legal to keep them? 4. Am I right in saying that if a specie, whether it fish, reptiles or whatever, does not appear on the list it is legal to keep it? If I am wrong why am I wrong? He responded on the same date saying that he did not have the time to look at new regulations. He will however do so and come back with an answer. On the 20th August I send another mail requesting an answer. He responded in saying that my query has been send to his people in Pretoria and he will inquire about it. Since then no answer has been received. I send another email this morning hoping for an answer. The long and the short appears that the people responsible for policing the regulations have no idea of what to police. Welcome to the new SA. As far as I know, the moment a regulation or a law is published it comes into effect on the publication date, except where the regulation or law states a date to the contrary. Also if there is a contradiction between two laws the latter published takes precedence.When I received an answer I will let everyone know.

 

Nice, I like the effort....

Just 1 correction here...its no longer a new South-Africa, this is the present 1 you have been living in for over 10 years...haha

Keep us updated.

 

+1

19!! years

 

@Jenn dont give away your age hehehe

 

hehehehe - too late

 

Hi ABAB,

To understand the gray area you must understand their thought process, directed and informed by their mandate to protect indigenous ecosystems. Without arguing technicalities and the merits of every detail allow me to shed some light. First of all it is impossible for our authorities to have a complete understanding of the potential threat posed by every living species on the planet (fish alone are 26 000++ species). What is known is that accidental or deliberate introductions of non-indigenous species has caused havoc in many ecosystem around the world. Given what is at stake they could dig in their in their heals and prohibit the import of exotic species but fish keeping has a long history and many jobs depend on it. The authorities therefore compromise and create two lists to inform imports.

1. ) Prohibited Species - a list of species known to be harmful invaders or whose (?) biology makes them likely harmful invaders. Example asian carp, vermiculated sailfin catfish. No import permits issued, illegal to import own ect..
2. ) Allowed imports - species known to be relatively safe and with a long history of import and no known reported harmful history. Example neon tetra. Legal to import under permit ect..

Where does this leave the species not on either of the lists? Well simply it is not known what potential threat they represent. Given the potential consequences on an unknown import the protector of our biodiversity will not even entertain a permit application unless you can provide a full independent scientific risk assessment for submission with your application.

It is not illegal to own such species, however, it is illegal to import even neon tetras into the Republic without an import permit. What are you going to do if you are charged not with owning a "gray" animal but simply with importing an animal without a permit (because permits are only issued for allowed imports) . Now you either defend the charge or you could for example truthfully say you purchased the animals from the LFS, a determined prosecution could follow the proverbial rabbit hole to the bottom. At the end of the day the real importer is the one taking the risk for importing animals without a permit. If the prosecution is determined enough the importer will not get away with excuses either (I can imagine them, the R400 shrimp was a hitchhiker LOL). At the end of the day importing without permit is a serious offence.

In addition theoretically if it can be shown that the gray animal (e.g. shrimp) was imported illegally (without a permit) in the first place then the state will be able make a case that the presence of the animal is illegal and can therefore put in motion the process to confiscate the animal.

 

Aqii

I do understand what you are saying. The people who are to police the regulations either do not know how to enforce them or turn a blind eye to it. Take a site like Gumtree. Shrimps are openly advertised on the site. Why does Environmental Affairs not act on these advertisements? Many LFS sell shrimps, crayfish and other blacklisted species (Also openly advertised). Plecos are banned but wholesalers of tropical fish still sell these fish left and right. Nothing happen to them (or is this just a case of where there is no complaint there is no law). I know that one cannot expect the authorities to have all the knowledge but they do make use of and act on the advice of experts. Perhaps my problem is that I can see only black or white. Gray areas are problematic. If I am not mistaken shrimps were on the list. Now they are not. Were they purposely removed or was this just an oversight? That is why I am trying to get an answer from the authorities. Once again, however, it seems that nobody is prepared to give one. The latest answer I received is : No man sorry. I can't give you an answer but here are their (someone at environmental affairs) details. Maybe you can get an answer from them. How is it that someone working for environmental affairs can't get an answer from his own people? Part of this email I received was the following :"
Kindly find the attached AIS Regulations and species list, that has been published in the Gazette on 19 July 2013 for implementation.Further note that Dr Preston's branch will be responsible for all implementation matters.
From this it seems that the regulations did come into effect on the 19th of July. Now almost two months later I can't get an answer from the authorities. I am not trying to be argumentative but the bottom line is : Shrimps are not on the list. They are openly for sale. Can I just buy (not import) and keep them or what is the procedure that must be followed? I do think it is too much to ask to just get an answer from people who are supposed to know and enforce a law of this country. Did send a mail to "them" and am waiting for an answer.

 

If you really must have shrimp , collect your own shrimp from the Orange or Vaal river or keep your receipt from your LP as proof bet the state will come after you for the shrimp.... amazing how the state jumps for a shrimp but does jack for a rhino if only a rhino could vote .

 

Here is the answer I received, not that it helps in anyway. Did send an email to the next person. If it goes on like this I will probably end up speaking to the United Nations.

Die regulasies wat in die Gazette gepubliseer is op 19 Julie 2013, kom nie dadelik in werking nie. Die datum van inwerkingtreding sal weer per kennisgewing in die Staatskoerant aangekondig word.

Die komponent Environmental Programs is verantwoordelik vir die implementering van die regulasies. Die beste sal wees om hulle te kontak, die kontakpersone is die volgende:

Dr Guy Preston - gpreston@environment.gov.za
Ms Nomahlubi Sishuba - nsishuba@environment.gov.za

Hou asseblief in gedagte dat die nasionale regulasies steeds saam met die provinsiale wetgewing gelees moet word. Dit dus beteken dat u aan die bepalings van die nasionale regulasies, sowel as van die provinsiale wetgewing, moet voldoen.

 

Gret well @ least you are getting some more contact people, maybe perhaps you will get a straight answer soon....keep it up, we will all buy you a bottle if you get the right answer!

 

Tell them we want some Amano's :cheesy: hand picked form Japan :bigsmile:

 

ABAB,

There is no gray area as far as the law is concerned. Animals that were imported without an import permit or as hitch-hikers on plants with a sloppy/fraudulent phytosanitary certificate are illegally here. Only the actual importer is guilty of an importing offence. There is no requirement for a private (retail) buyer in South Africa to verify that an importer imported the animals legally (but you could be asked where you got the animals). If the animals are not listed on a list of prohibited species then you cannot be guilty of an offence for keeping them. The reference to local regulations is also important. The same snake that can be kept by any person in Gauteng can only be kept legally if you are a member of a herpetological assosiation ect. ect. in North West.

Yes, illegally imported animals are freely traded but make no mistake the people that engage in this practice are a real threat to our hobby. They are inviting draconian legislation by making it clear that the hobby is an avenue for unregulated import of exotic aquatic wildlife.

 

According to this, FW shrimp are not yet legal. We would have to wait for the notice of the effective date to be published.

 

I hope they become legal because I like shrimp and would like to eventually have a shrimp tank going.