The Law regarding Ornamentals

Discussion in 'Breeding fish' started by dallasg, 28 Oct 2013.

  1. dallasg

    dallasg Moderator MASA Contributor

    Joined:
    14 Dec 2008
    Posts:
    16,769
    Likes Received:
    582
    Location:
    Sandton
    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=&quot]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
     
    Last edited by a moderator: 26 Nov 2015
    MistaOrange likes this.
  2. AdS Guest




    to hide all adverts.
  3. butcherman

    butcherman Moderator MASA Contributor

    Joined:
    7 Sep 2009
    Posts:
    11,626
    Likes Received:
    280
    Location:
    Kempton Park
    Thanks to @dallasg for taking the lead on this
     
    Last edited by a moderator: 26 Nov 2015
  4. Visser

    Visser MASA Contributor

    Joined:
    21 Nov 2011
    Posts:
    2,670
    Likes Received:
    45
    Location:
    Willows,Pretoria /Brits
    Well done guys! That is definitely a venture worth persuing!
    If you guys ever need another vote from a hobbyist that will stand for your cause, Im in!
     
  5. dallasg

    dallasg Thread Starter Moderator MASA Contributor

    Joined:
    14 Dec 2008
    Posts:
    16,769
    Likes Received:
    582
    Location:
    Sandton
  6. Zandy

    Zandy

    Joined:
    10 Oct 2012
    Posts:
    2,504
    Likes Received:
    10
    Well done and thanx to the guys that is so willing to fight this on behalf of all our hobbyists..!!!
     
  7. MistaOrange

    MistaOrange

    Joined:
    20 Jan 2010
    Posts:
    7,756
    Likes Received:
    94
    Location:
    Somewhere in Cape Town
    Thanks Dallas you da man...
     
  8. carlosdeandrade

    carlosdeandrade

    Joined:
    24 Dec 2010
    Posts:
    8,230
    Likes Received:
    228
    Location:
    North Riding, Jozi
  9. Lord_Blackadder

    Lord_Blackadder

    Joined:
    10 Apr 2012
    Posts:
    1,642
    Likes Received:
    131
    Location:
    Durban
    Well done dude.
     
  10. dallasg

    dallasg Thread Starter Moderator MASA Contributor

    Joined:
    14 Dec 2008
    Posts:
    16,769
    Likes Received:
    582
    Location:
    Sandton
    just before anyone asks, i stand to get nothing from this other than to sell corals on a larger scale then just frags :) infact we will all gain that :)
     
  11. Moolis Moolman

    Moolis Moolman Pet Stop SA Sponsor

    Joined:
    15 Dec 2007
    Posts:
    2,908
    Likes Received:
    88
    What scale are we talking about here?
     
  12. dallasg

    dallasg Thread Starter Moderator MASA Contributor

    Joined:
    14 Dec 2008
    Posts:
    16,769
    Likes Received:
    582
    Location:
    Sandton
    large as in commercial for export and wholesale, but one will still need a aquaculture right for this.
    we are targeting small home based
     
    Last edited: 28 Oct 2013
  13. Moolis Moolman

    Moolis Moolman Pet Stop SA Sponsor

    Joined:
    15 Dec 2007
    Posts:
    2,908
    Likes Received:
    88
    Sent before I was finished. :blush: Thank you for clarifying more points than the PM's, - PM regarding more info to follow.
     
  14. MadScientist

    MadScientist

    Joined:
    3 Oct 2013
    Posts:
    138
    Likes Received:
    1
    Location:
    In a Lab.. unda da sea :)
    To get this straight... that means if this all goes well and goes the way we are looking for.. we will be able to do this as you state above???
     
  15. JackSplat

    JackSplat

    Joined:
    3 May 2013
    Posts:
    558
    Likes Received:
    12
    Location:
    Pretoria
    Well done guys, this is quite enlightening, I did not know that you cannot farm corals for commerce in SA at the moment. I think this country can really do well in this market if we were allowed to. I you need help, shout.
     
  16. dallasg

    dallasg Thread Starter Moderator MASA Contributor

    Joined:
    14 Dec 2008
    Posts:
    16,769
    Likes Received:
    582
    Location:
    Sandton
    you can do commercial already, but you need to apply for the right as do abalone and crayfish farmers

    what we are trying to do is get smaller home based coral farms legal.

    the minute you want to go large scale and export, you do need a aqua cultural right, i will amend my post
     
  17. Barlan

    Barlan

    Joined:
    29 Feb 2012
    Posts:
    280
    Likes Received:
    0
    Location:
    Randburg, johannesburg
    Thanks Dallas, this is exciting stuff :D
     
  18. MadScientist

    MadScientist

    Joined:
    3 Oct 2013
    Posts:
    138
    Likes Received:
    1
    Location:
    In a Lab.. unda da sea :)
    Ahhh.... makes sense now.. Was confused by what you said in the other post. Because if we were to get into the exporting etc, that would not seem so fair to the people who have applied to do this commercially.
     
  19. dallasg

    dallasg Thread Starter Moderator MASA Contributor

    Joined:
    14 Dec 2008
    Posts:
    16,769
    Likes Received:
    582
    Location:
    Sandton
    yes, i changed my post.
    basically the goal is to be able to supply a lfs or others with 10-15 pieces a month and not worry about it, maybe more but then for local.

    the big issue is the definition of a marine organism and separation of fish for consumption and fish for ornamental trade. if i remember correctly there is only 1 registered marine fish breeder and freshwater is un-regulated
     
  20. Nemos Janitor

    Nemos Janitor

    Joined:
    7 Feb 2009
    Posts:
    8,384
    Likes Received:
    286
    Location:
    Joe's Mountain
    The cost of setting up many different propergation lines is far to inhibitive for this countrys demand. and pricing for export cannot compete with coral farms in tropical waters. We cannot take corals from around the world and plonk them in our ocean. We are looking for all sorts of environmental issues. Therefore it makes good business sence to have many smaller cotage industry propergaters. Each producing a few lines.

    I see three tiers. Hobbiest, Cottage propergater/breeder, Commercoial propergater/breeder. The way i read it is that Dallas and the guys are fighting for the "Hobbiest" . I would also like to see someone fight for the cottage industry. The comercial sector is already in place.

    My 2c
     
  21. dallasg

    dallasg Thread Starter Moderator MASA Contributor

    Joined:
    14 Dec 2008
    Posts:
    16,769
    Likes Received:
    582
    Location:
    Sandton
    we have included the cottage industry, its hobbyist, the difference being the hefty R9123 application fee, but if you are serious then its not that expensive for commercial/cottage

    there are some lines that can compete with wild or mariculture but that i wont share :)
     
Recent Posts

Loading...
Similar Threads - regarding Ornamentals Forum Date
Interesting article regarding stocking Nano Tank advice 5 Feb 2014
Some advice regarding the setup of a predator tank Fish Only Tanks, Predator Tanks 13 Nov 2013
question regarding travelling with livestock General Discussions and Advice 24 Oct 2013
Question regarding Orca nitra guard bio cubes Orca Labs 3 Mar 2013
Help needed regarding skimmer. Boyu TL450 and TL550 advice 23 Jan 2012
Advanced Topic Interesting article regarding marine toxins Advanced Topics 4 Aug 2011
Question regarding GFO Chemical Filtration / Low Nutrient Systems - LNS 15 Mar 2011