Albino clownfish and the Law

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dallasg said:
The last act is about collecting from our waters and all south african waters are protected. If u read the full section it puts it into context. When importers sell fish to petshops the permit from SARS clears the fish as they are caught outside of SA waters and it then filters down to the lfs and then the reefer.
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That is interesting, where is that written? I can not find it. Please send me what part,etc.
 
dallasg said:
If u read the full section it puts it into context. When importers sell fish to petshops the permit from SARS clears the fish as they are caught outside of SA waters and it then filters down to the lfs and then the reefer.
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So do we now need to keep all reciepts when we buy fish or any LS?

I read Nemo's janitor made reference to the law stating that once you havea local collection licence, you may collect certain "legal" fish, but you need to place it in a suitable aquarium, and you need to keep a log boook, especiallly noting breeding.
 
The Act

To provide for the conservation of the marine ecosystem, the long-term sustainable
utilisation of marine living resources and the orderly access to exploitation,
utilisation and protection of certain marine living resources; and for these
purposes to provide for the exercise of control over marine living resources in a fair
and equitable manner to the benefit of all the citizens of South Africa; and to
provide for matters connected therewith
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The act applies to fisheries, catching fish or harvesting the marine environment.

My question,
Does this Act apply to pets you can buy from a Pet Shop. On the end user?

Yes it does on the Pet Shop, if the Pet Shop sell any local caught fish or crabs or hermits. And it does apply on the person catching that animals to sell or provide them to the Pet Shop.

I wonder what the judge would answer.

Marcel
Where did you get Reg 24 (1) (a) (b)
I cannot find it in the Act.
 
RiaanP said:
Marcel
Where did you get Reg 24 (1) (a) (b)
I cannot find it in the Act.
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I couldn't find it either. My lawyer sent it to me today.
Now I am waiting for Dallas to come up with the part, which I also can not find.
 
Sea Fish Regulations


No person shall, without a permit issued by the Director-General, culture any marine organisms.

SH1T

Hope Copepods does not count....
 
eventually

http://cer.org.za/wp-content/uploads/2010/07/MLRA-Regulations-R1111-updated.rtf

found your part 7


Part 7
Marine aquarium fish
24 Marine aquarium fish
(1) Except on the authority of a permit, no person shall-
(a) engage in fishing or collecting marine aquarium fish, or keep in any aquarium any fish for any purpose; or
(b) keep in captivity any marine mammal for any purpose.
(2) No person shall gather any marine aquarium fish with the aid of artificial respiratory apparatus, except a snorkel.
 
I think its a case of interpretation WRT the act. Marcel I think you are getting a bit loose with your comunication, I believe we have already been down the road of the everyday reefer being on the wrong side of the law and Dallas and Sims Cleared that up. So please I urge you to consider the damage you are doing with the loose and reclas comments.
 
found later document,

http://cer.org.za/wp-content/uploads/2010/07/MLRA-Regulations-R1111-updated.rtf


Marine aquarium fishing
(18) The holder of a recreational fishing permit endorsed for marine aquarium fishing shall not engage in fishing for, or be in possession of:
(a) any fish listed in the Prohibited Species List of Annexure 9;
(b) more than five fish per species, or more fish than the bag-limit listed in respect of each species in the Permitted Species List of Annexure 7 during any one day, whichever is the lesser quantity.
(19) The holder of a recreational fishing permit endorsed for marine aquarium fishing shall:
(a) immediately transfer all fish caught on the authority of this permit to a saltwater aquarium or saltwater holding facility of sufficient capacity to sustain the lives of the fish;
(b) keep a log-book indicating all additions to the aquarium (including those bred or hatched in the aquarium) and losses, indicating the species, origin and cause of loss.
[Reg 22 substituted by GN 329 of 6 April 2005.]
Part 6
Other Gear (reg 23)
23 Other gear
No person shall, except on the authority of a permit-
(a) use any artificial respiratory apparatus, except a snorkel, while fishing;
(b) engage in the fishing, collection or disturbing of any fish by means of a gaff, club, flail, stick, stone or similar implement;
(c) engage in fishing, collecting or disturbing any fish, except for octopus, cuttlefish or squid, by the jerking of a hook or jig in the sea with the intention of impaling the fish thereon, also known as jigging or snatching;
(d) engage in fishing, collecting or disturbing any kingklip by means of a trap;
(e) engage in the fishing, collection or disturbing of any fish by means of a spear;
(f) engage in fishing, collecting or disturbing of any fish by means of a fish trap; or
(g) engage in fishing, collecting or disturbing any fish with a speargun in a tidal river or tidal lagoon.
Part 7
Marine Aquarium Fish (reg 24)
24 Marine aquarium fish
(1) Except on the authority of a permit, no person shall-
(a) engage in fishing or collecting marine aquarium fish, or keep in any aquarium any fish for any purpose; or
(b) keep in captivity any marine mammal for any purpose.
(2) No person shall gather any marine aquarium fish with the aid of artificial respiratory apparatus, except a snorkel.
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So what does than mean, what permit?
Annual Recreational Fishing Permit?

if YES
then if I walk into Dorry Pets or Idol Marine and I buy a imported fish from wherever, I first have to go to the post office and buy a fishing permit? HUH
 
RiaanP said:
eventually

http://cer.org.za/wp-content/uploads/2010/07/MLRA-Regulations-R1111-updated.rtf

found your part 7


Part 7
Marine aquarium fish
24 Marine aquarium fish
(1) Except on the authority of a permit, no person shall-
(a) engage in fishing or collecting marine aquarium fish, or keep in any aquarium any fish for any purpose; or
(b) keep in captivity any marine mammal for any purpose.
(2) No person shall gather any marine aquarium fish with the aid of artificial respiratory apparatus, except a snorkel.
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Thanks Riaan, good find.

But still, what Dallas mentioned earlier, I would like to read myself on a document from the authorities.
 
RiaanP said:
found later document,

http://cer.org.za/wp-content/uploads/2010/07/MLRA-Regulations-R1111-updated.rtf




So what does than mean, what permit?
Annual Recreational Fishing Permit?

if YES
then if I walk into Dorry Pets or Idol Marine and I buy a imported fish from wherever, I first have to go to the post office and buy a fishing permit? HUH
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And that is exactly my point. I and I guess all of you would like to see that document for peace of mind. It seems Trevor doesn't need it.
A document that states, that any fish or invertebrates bought at a LFS is excluded from this regulations, because the purchased species came into the country with a permit, which allows us reefers to keep them.
 
its not written down in any law its obvious that once SARS approve and clear the shipment its legal to sell. You clutching at straws trying to bring the average reefer into your corner. We buy fish that have been brought into the country for the purpose of sale for profit. Permits have been approved and taxes paid.

Breeding fish is totally another story - I fail to see how any reasonable thinking person can try connect the 2.
 
SIMS said:
You clutching at straws trying to bring the average reefer into your corner. No, I am not. And I know that breeding is a different story. Part of the charges against me is keeping marines as it is written in the regulations under 24.
And there, I fail to see how any reasonable thinking person can charge me for that.
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RiaanP said:
found later document,

http://cer.org.za/wp-content/uploads/2010/07/MLRA-Regulations-R1111-updated.rtf




So what does than mean, what permit?
Annual Recreational Fishing Permit?

if YES
then if I walk into Dorry Pets or Idol Marine and I buy a imported fish from wherever, I first have to go to the post office and buy a fishing permit? HUH
Click to expand...

I had a glance at that document - its quite long and loaded with legal jargon. I recon it applies to local permits - again as far as I can see Marcels issue is about breeding fish commercially not collection for personal use or keeping a marine tank.
 
Perhaps its taken out of context - you would need to be keeping them to be breeding - in all respects they not wrong to say you keeping them illegally... if they can prove you breeding for profit without permits....not so?
 
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The act Marcel is charged under, is the local fisheries act. - Correct?

I do not see where any mention is made that you are not allowed to breed imported fish?


(xxxv) ‘‘mariculture’’ means the culture or husbandry of fish in sea water; (xxi)
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Marcel, do you use natural sea water or artificial salt? ;)
 
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