Clarity on Prohibited species debate

Discussion in 'General Discussions' started by 459b, Jan 16, 2020.

  1. 459b


    Oct 3, 2011
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    Seems the thread in question was removed, so ill start a new one...

    Just to clarify a few things regarding the legalities of keeping prohibited species:

    Prohibited species are generally regarded as those which do not yet occur in SA, but due to their potential for invasion, their importation is strictly forbidden.
    Once such a species is recorded in SA, it gets bumped into the Invasive Species list and gets assigned a category (how that gets assigned in a discussion for another day).
    Which category its in (1a, 1b, 2, or 3) can vary between areas and can change when lists get updated.

    Two important things to remember:
    - All species on the NEM:BA Act are considered as LISTED INVASIVES, regardless of which table they occur. This would include those in the Prohibited Table.
    - Various Acts need to be read together and you cannot cherry pick which bits of each will best suit your argument.

    This brings us to The Aliens Species Regulations of 2014. Chapter Three states:

    " In addition to those activities defined in terms of section 1 of the Act as restricted activities, the following activities are hereby prescribed as restricted activities:

    (a) spreading or allowing the spread of, any specimen of a listed invasive species;
    (b) releasing any specimen of a listed invasive species;
    (c) the transfer or release of a specimen of a listed invasive fresh-water species from one discrete catchment system in which it occurs, to another discrete catchment system in which it does not occur; or, from within a part of a discrete catchment system where it does occur to another part where it does not occur as a result of a natural or artificial barrier;
    (d) discharging of or disposing into any waterway or the ocean, water from an aquarium, tank or other receptacle that has been used to keep a specimen of an alien species or a listed invasive freshwater species;
    (e) catch and release of a specimen of a listed invasive fresh-water fish or listed invasive fresh-water invertebrate species; the introduction of a specimen of an alien or listed invasive species to off-shore islands; or the release of a specimen of a listed invasive fresh-water fish species, or of a listed invasive fresh water invertebrate species into a discrete catchment system in which it already occurs"

    Normally what happens, is smart shop assistants only bother reading Section 2 on the Cat 1,2,3 species and then think prohibited species can be traded freely without consequences.

    Then onto section 9, Permits:
    "Sale or transfer of alien and listed invasive species
    If a permit-holder sells a specimen of an alien or listed invasive species, or sells the property on which a specimen of an alien or listed invasive species is under the permit-holder's control, the new owner of such specimen or such property must apply for a permit in terms of Chapter 7 of the Act"

    Basically, you need a permit to sell a Prohibited species as well, as does the person buying said species. Seeing how some shops are proud about not being the ones who actually imported the species, thus arent breaking any laws....well thats really not the case.

    So in short, selling a Prohibited species is no different to selling a Category 1 species.
    Figeth, Hendre and Logz like this.
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  3. Logz


    Dec 10, 2019
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    Cape Town
    Thanks for the effort and time that must have taken, really awesome to have a bit more clarity on it.

    One thing that still confuses me a little bit is the permit part - does this mean that provided that you have the correct documentation, once the animal in question is present in the country it can be "freely" traded? Obviously provided both parties have this I should say. Or am I missing something? Because if this is the case, the argument from the discussion that vanished becomes a lot more technical....
  4. OP


    Oct 3, 2011
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    Short answer - there is absolutely no way a permit will be issued for a petshop (or anyone) to trade a prohibited species.
    Importing of prohibited species and Cat 1 species is generally only allowed by research institutes, and even then a detailed risk assessment needs to be conducted for each import/species. And the premises can be inspected at any time, so saying that Cape Nature isnt allowed in their shops means they have no permit, nor understand how to get one.
    T. Guppy, Figeth and Logz like this.

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