ok where to start, about 3 years ago i applied for a marine aquacultural right to open a commercial coral farm, i had visited many while in USA and thought the same would work wonders here, after going through the process and seeing the costs i decided that it was all geared to commercial finfish farming.
Because ornamental breeding of marines is relatively new, with regards to fish, coral and fish fall into the same category, i decided to take on the "old" way and get a new hobbyist sector going. for many months i approached all the aquaculture stake holders from perlemoen to crayfish, AASA etc and found that the marine ornamental section was covered by a blanket law protecting our oceans, the Marine Living Resources Act.
So before engaging i researched what CITIES law meant and what it entailed, since hard corals are protected under it, and that was the first of the good news, aqua cultured corals dont need CITIES to keep or grow as long as it was documented. so i then proceeded to contact DAFF. there was a change in government with MCM being moved from Environmental Affairs to DAFF and since commercial ornamentals in marines was almost non-existent on a commercial scale, thats where it lay.
I then contacted the MCM and started questioning the process and forms needed as the Aqua cultural right seemed geared for finfish and ornamentals where not allowed to be bred as per MLRA.
For the purposes of answering your questions I will begin by defining “Marine Aquaculture” as per the “Policy for the Development of a Sustainable Aquaculture Sector in South Africa”, the activity is defined “the farming of marine aquatic organisms including, fish, molluscs, crustaceans and plants in controlled or selected marine aquatic environments with some form of intervention in the rearing process to enhance production, such as regular stocking, feeding, protection from predators, etc. Farming also implies individual or cooperate ownership of the stock being cultivated.”
The growing of corals is a regulated activity and is considered to be a marine aquaculture activity, even if there is no physical breeding of species, the fact is that the species are grown in an artificial environment, environmental parameters are manipulated, those pieces of corals are further fragged (harvest) and there is cooperate ownership of the coral . The activity is regulated because of the following:
· According to Section 18(1) of the Marine Living Resources Act, No.18 of 1998:
“No person shall undertake commercial fishing or subsistence fishing, engage in mariculture or operate a fish processing establishment unless a right to undertake or engage in such an activity or to operate such an establishment has been granted to such a person by the Minister”
· If you refer to the definition of a fish as defined in the MLRA, coral are fish as well and therefore are regulated under the MLRA:
“fish” means the marine living resources of the sea and the seashore, including any aquatic plant or animal whether piscine or not, and any mollusc, crustacean, coral, sponge, holothurians or other echinoderm, reptile and marine mammal, and their eggs, larvae and all juvenile stages, but does not include sea birds and seals.
while that looks all pretty and sounds fun, we needed to remove coral fragging and fish breeding from this.
our was to get them to understand that this wouldnt be commercial venture like they thing but rather selling a few pieces, or more and saving the oceans, but the concern was that there would be the few that then avoid the right and work from a residential home etc.
we then got invited in Jan this year after many hundreds of emails and queries to present our case to DAFF and the Marine Aquaculture Working Group which was just starting up. myself and a friend went of to CT as hobbyists to show and portray that we were trying to open source this and not make a commercial venture from it. we presented our case and discussed the issues and ways forward with them, after that we received an official replay saying they would love to help and split marine ornamentals from the MLRA which is the hurdle we face.
we were then invited to the Aquaculture Legislative Review Project where the new laws were going to be discussed and where we as hobbyists could speak again and get rid of the looming clouds and rumours about ornamentals.
that went well, and now we wait for the 3months turnaround etc. all seems positive and they are getting more and more of the experts involved to open this up.
I have been given the go ahead to start a Hobbyist Association that will deal with DAFF as they are mandated to deal with associations not individuals and will post more info as i get it in the next week or so.
there is a law that has been in place for a while
[FONT="]regulation 24 of the Fisheries Regulations Act which states
[/FONT] 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;
we are waiting for clarification on this as it doesnt seem to exist.
Thanks go to all who have helped over the last 24 months and provided valuable input, @459b, @Adee @carlosdeandrade , @MistaOrange , @Nemeziz_za, @butcherman , @Hails
I must thank DA shadow minister for his help and on-going investigation into the matters, and helping with the cause.
DAFF themselves have been a great help, and have listened with open ears.
while there is acts, laws and regulations for everything, we should all strive to have it all removed, i have had many conversations with the USA counterparts from Breeders Registry , MOFIB and Florida Aquaculture and its due to things being new and blanket laws made.
i do think that we will win but for now i would leave the status quo as is.
please if you have comments lets make the constructive and not harp on the laws etc, there is a process to following and bitching and moaning wont change them, only actions in the right direction.
i might have forgotten some details but @459b can help as well
Because ornamental breeding of marines is relatively new, with regards to fish, coral and fish fall into the same category, i decided to take on the "old" way and get a new hobbyist sector going. for many months i approached all the aquaculture stake holders from perlemoen to crayfish, AASA etc and found that the marine ornamental section was covered by a blanket law protecting our oceans, the Marine Living Resources Act.
So before engaging i researched what CITIES law meant and what it entailed, since hard corals are protected under it, and that was the first of the good news, aqua cultured corals dont need CITIES to keep or grow as long as it was documented. so i then proceeded to contact DAFF. there was a change in government with MCM being moved from Environmental Affairs to DAFF and since commercial ornamentals in marines was almost non-existent on a commercial scale, thats where it lay.
I then contacted the MCM and started questioning the process and forms needed as the Aqua cultural right seemed geared for finfish and ornamentals where not allowed to be bred as per MLRA.
For the purposes of answering your questions I will begin by defining “Marine Aquaculture” as per the “Policy for the Development of a Sustainable Aquaculture Sector in South Africa”, the activity is defined “the farming of marine aquatic organisms including, fish, molluscs, crustaceans and plants in controlled or selected marine aquatic environments with some form of intervention in the rearing process to enhance production, such as regular stocking, feeding, protection from predators, etc. Farming also implies individual or cooperate ownership of the stock being cultivated.”
The growing of corals is a regulated activity and is considered to be a marine aquaculture activity, even if there is no physical breeding of species, the fact is that the species are grown in an artificial environment, environmental parameters are manipulated, those pieces of corals are further fragged (harvest) and there is cooperate ownership of the coral . The activity is regulated because of the following:
· According to Section 18(1) of the Marine Living Resources Act, No.18 of 1998:
“No person shall undertake commercial fishing or subsistence fishing, engage in mariculture or operate a fish processing establishment unless a right to undertake or engage in such an activity or to operate such an establishment has been granted to such a person by the Minister”
· If you refer to the definition of a fish as defined in the MLRA, coral are fish as well and therefore are regulated under the MLRA:
“fish” means the marine living resources of the sea and the seashore, including any aquatic plant or animal whether piscine or not, and any mollusc, crustacean, coral, sponge, holothurians or other echinoderm, reptile and marine mammal, and their eggs, larvae and all juvenile stages, but does not include sea birds and seals.
while that looks all pretty and sounds fun, we needed to remove coral fragging and fish breeding from this.
our was to get them to understand that this wouldnt be commercial venture like they thing but rather selling a few pieces, or more and saving the oceans, but the concern was that there would be the few that then avoid the right and work from a residential home etc.
we then got invited in Jan this year after many hundreds of emails and queries to present our case to DAFF and the Marine Aquaculture Working Group which was just starting up. myself and a friend went of to CT as hobbyists to show and portray that we were trying to open source this and not make a commercial venture from it. we presented our case and discussed the issues and ways forward with them, after that we received an official replay saying they would love to help and split marine ornamentals from the MLRA which is the hurdle we face.
we were then invited to the Aquaculture Legislative Review Project where the new laws were going to be discussed and where we as hobbyists could speak again and get rid of the looming clouds and rumours about ornamentals.
that went well, and now we wait for the 3months turnaround etc. all seems positive and they are getting more and more of the experts involved to open this up.
I have been given the go ahead to start a Hobbyist Association that will deal with DAFF as they are mandated to deal with associations not individuals and will post more info as i get it in the next week or so.
there is a law that has been in place for a while
[FONT="]regulation 24 of the Fisheries Regulations Act which states
[/FONT] 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;
we are waiting for clarification on this as it doesnt seem to exist.
Thanks go to all who have helped over the last 24 months and provided valuable input, @459b, @Adee @carlosdeandrade , @MistaOrange , @Nemeziz_za, @butcherman , @Hails
I must thank DA shadow minister for his help and on-going investigation into the matters, and helping with the cause.
DAFF themselves have been a great help, and have listened with open ears.
while there is acts, laws and regulations for everything, we should all strive to have it all removed, i have had many conversations with the USA counterparts from Breeders Registry , MOFIB and Florida Aquaculture and its due to things being new and blanket laws made.
i do think that we will win but for now i would leave the status quo as is.
please if you have comments lets make the constructive and not harp on the laws etc, there is a process to following and bitching and moaning wont change them, only actions in the right direction.
i might have forgotten some details but @459b can help as well
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