if you go get a collection permit for collecting local fish it will shoot them in the foot
Last edited:
Albino clownfish and the Law
- Thread starter 459b
- Start date
- Status
tthat is to say with a pwrmit. so it says you can collect and keep with permit. show me what permot I need to keep marine fish amd ill get it. I don't think such a permit exists. if it doesn't exist how can you prosecute a person for not having one!
Why don't we all here on MASA contact Carte Blanche & tell the story, that way they will take interest in the story & investigate it further.
MASA is about helping a fellow reefer & if we all stand together then hopefully something will be done.
Just my 2c
Marcel this whole story sucks & wish you all the best with this case. I'll back you & will try to do anything to help a fellow reefer.
if you want to make a business out of breeding marine animals:
http://www.daff.gov.za/doaDev/fisheries/03_areasofwork/social.html
http://www.daff.gov.za/doaDev/fisheries/03_areasofwork/social.html
Why don't we all here on MASA contact Carte Blanche & tell the story, that way they will take interest in the story & investigate it further.
MASA is about helping a fellow reefer & if we all stand together then hopefully something will be done.
Just my 2c
Marcel this whole story sucks & wish you all the best with this case. I'll back you & will try to do anything to help a fellow reefer.
I emailed carte Blanche ,cape talk mail and guardian etc right at ths beginning and no response. marcel must approach them not us.
That is a part of the regulations of the marine live resource act.
If you read this, everybody needs a permit!
True but I think this is a grey area open for debate to conserve SA coastal marine life.
I'm not entirely sure this section is broad enough to cover exotic fish?
But then again I don't practice law for a living, however I'm sure a good attorney would be able to cast enough doubt on this to have it thrown out??
That is a part of the regulations of the marine live resource act.
If you read this, everybody needs a permit!
Define Aquarium...C'mon is this for real?
Last edited by a moderator:
The Marine Living Resources Act is concerned with the protection and utilisation of our country’s wild marine living resources.
It should be read and applied in conjunction with the definitions it contains.
If a petshop sells locally caught marine animals, they should be arrested.
Steve, you highlighted the main issue.
The law should be called: South African Marine Living Resources Act
The authorities putting their power of enforcing the law way beyond the south african borders.
The law was written by Marius Diemont, who was also my lawyer. Even a letter from Marius to the Minister of Environmental Affairs didn't help. He also cannot understand, in which way this law gets used.
Last edited:
Why not take Marius Diemont with to court as a witness?
Surely the man who wrote the law on behalf of the SA government should have some clout in front of a judge?
Unless fish are seen as people?
You can be British but if your kids are born here they automatically become South African?
So these clown fish immigrated against their will from XXX in a bag.
Happily living in SA and breeding like there is no tomorrow producing little South African clown fish??
Surely the man who wrote the law on behalf of the SA government should have some clout in front of a judge?
Unless fish are seen as people?
You can be British but if your kids are born here they automatically become South African?
So these clown fish immigrated against their will from XXX in a bag.
Happily living in SA and breeding like there is no tomorrow producing little South African clown fish??
Hi Marcel,
the thing is that this is not the only Act that is applicable to running a business of breeding fish.
This type of business will be classified under the industry of aquaculture, and as such there are various laws and acts that are applicable.
Even if you don't collect broodstock from the wild or have a breeding facility close to the ocean, even for inland closed system.
On the application for a permit they list the applicable laws -in your case the ones that speak to producing and processing food is excluded:
http://www.daff.gov.za/doaDev/fishe...Legislation/StandardMarineAquaculture2010.pdf
Last edited:
Thanks Steve, but I know all that paperwork. I am very close from applying for the aquaculture right. Close means, I only need one last step in the whole procedure.
But that last step will take time as there are south african authorities involved as well and we all know how they work.
So the DAFF doesn't have a problem with giving me a deadline for submitting the application form. But they want it complete and not in bits and pieces as the progress goes. They should know best how long certain things can take here in SA.
As an example, I told them that the environmental management plan will not be done within their deadline (old deadline, long time expired), because it was out of my hands and an independent environmental practitioner had to do it . No understanding from their side and no support. The only person at the DAFF that shed a bit more light into the application was Belamane Semoli. Very reasonable person, who sees things as they are.
And for sure, Ferdi Endemann, very nice person and always so helpful.
If they really charge me again and I have to appear in the High Court, I will tell the judge to get Marius opinion. Marius as my lawyer? The best I can get, but unfortunately I cannot afford.
Last edited:
But then on the other hand, if they really want to use the written law against me, I can point out so many things, where they should have charged others. If they don't use their common sense within the law, then I will also not use the common sense and will point out their duties. They will be surprised.
They think they deal just with a German. They do underestimate my intelligence big time.
Every single reefer is using his common sense when reading the law, because we are all know the marine ornamental fish industry. At least more or less. But do they know it?
I shouldn't give the DAFF so much informations here on MASA as this thread gets monitored by the DAFF!
They think they deal just with a German. They do underestimate my intelligence big time.
Every single reefer is using his common sense when reading the law, because we are all know the marine ornamental fish industry. At least more or less. But do they know it?
I shouldn't give the DAFF so much informations here on MASA as this thread gets monitored by the DAFF!
Last edited:
I always try and understand both sides to an argument, (comes with having kids), but in this case, I still don't understand the departments argument?
Imo these are not from south african broodstock, so the the local regulations should surely not apply. From my understanding, the mariculture regulations is more aimed at the local fish being farmed on a large commercial and industrial scale. Surely they can see the law that was written here does not apply to an ornamental hobbysist, I think they are confused and in a situation like this, they can surely make exceptions.
Imo these are not from south african broodstock, so the the local regulations should surely not apply. From my understanding, the mariculture regulations is more aimed at the local fish being farmed on a large commercial and industrial scale. Surely they can see the law that was written here does not apply to an ornamental hobbysist, I think they are confused and in a situation like this, they can surely make exceptions.
Here we have state representatives and congressmen that love to intercede on behalf of the little guy. Helps to get them votes. Do you have someone like that in your government that has clout that can pressure them to leave you alone? What about news agencies?
Last edited:
- Joined
- 5 Jun 2011
- Posts
- 292
- Reaction score
- 4
What about Talk Radio 702
- Status