new legislation on invasive species

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Re: new legislation on invasive species

Postby kingspider » Thu Aug 07, 2014 1:47 pm

Again Thank You BV even though they cant be trusted, we all appreciate the many hours of effort and patience you have donated, you are a real hero of Herptoculture in South Africa
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Re: new legislation on invasive species

Postby sandboa » Thu Aug 07, 2014 2:03 pm

I second kingspider
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Re: new legislation on invasive species

Postby Lillypod » Thu Aug 07, 2014 3:11 pm

I agree with kingspider
3-1-4 Leopard Gecko
1-1-2 Bearded Dragon
0-1 Brown House Snake
2-3 Ball Python
1-1 Western Hognose
1-1 Kenyan Sand Boa
3-2 Corn Snake
0-0-1 Bosc Monitor
0-1 Taiwanese rat snake
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Re: new legislation on invasive species

Postby Ruan Stander » Thu Aug 07, 2014 3:31 pm

Can anybody tell me where in Limpopo, Mpumalanga and Gauteng Bitis rhinoceros and Bitis nasicornis could be even POTENTIALLY invasive ?
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Re: new legislation on invasive species

Postby sandboa » Thu Aug 07, 2014 6:10 pm

If we think back to what was our first snake, we would all say a corn snake....Can you believe of all the snakes they could have put on the invasive species list, they chose a harmless corn snake, south africa needs to re think this as, what will happen if kids go into shops to buy a corn snake but are now not allowed to buy a corn so they go ahead and buy a venomous little or a massive snake that could do more harm than a corn snake. Way to go SA
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Re: new legislation on invasive species

Postby Axanthic » Thu Aug 07, 2014 6:44 pm

Every one will ignore these stupid regulations any way, I know I will, we are supposed to have the freedom to keep what ever we like. And its not like people are just going to do what they say. Can't somebody start a petition regarding this? They can't possibly think the herping community is just going to let this slide.
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Re: new legislation on invasive species

Postby Savu » Thu Aug 07, 2014 8:58 pm

As with e tolls,I will simply ignore this.
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Re: new legislation on invasive species

Postby Creepy Critters » Thu Aug 07, 2014 9:41 pm

Nobody is going to abide the new law if it does get passed which will not happen because of the jobs that are going to be lost and also the revenue generated through the pet industry each year ... pretty much impossible for them to do what they want to do
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Re: new legislation on invasive species

Postby Jamster » Fri Aug 08, 2014 8:29 am

When I get call outs and it happens to be an exotic snake, 99% of the time it is a corn snake. There are many other factors to take into account though. Due to the colouration of corns snakes, especially some of the morphs, they will stick out like a sore thumb, and won't survive.

There are many alternatives to corns as first snakes. Just look at the wide variety of kings and milks available, and of course the ultimate starter snake - the brown house snake. I started by getting baby retic, but that isnt usually the norm.

The loss of jobs and revenue is not significant enough for them to care.

There are just way too many corn snakes in circulation for it to be enforced.
1.0-reticulated python (Ripcord)
1.1-burmese pythons
5.5-brown house snakes
1.0-taiwanese ratsnake
3.8-BCI
1.1-corn snakes
1.2-rhombic skaapstekers
1.0-yellow rat snake
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Re: new legislation on invasive species

Postby Lillypod » Fri Aug 08, 2014 8:39 am

Just saw mulberry trees are catagory 3... So anyone with silkworms, start investing in some silkworm chow...
3-1-4 Leopard Gecko
1-1-2 Bearded Dragon
0-1 Brown House Snake
2-3 Ball Python
1-1 Western Hognose
1-1 Kenyan Sand Boa
3-2 Corn Snake
0-0-1 Bosc Monitor
0-1 Taiwanese rat snake
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Re: new legislation on invasive species

Postby Lillypod » Fri Aug 08, 2014 8:43 am

And Ringneck paraketes are catagory 2...
3-1-4 Leopard Gecko
1-1-2 Bearded Dragon
0-1 Brown House Snake
2-3 Ball Python
1-1 Western Hognose
1-1 Kenyan Sand Boa
3-2 Corn Snake
0-0-1 Bosc Monitor
0-1 Taiwanese rat snake
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Re: new legislation on invasive species

Postby Gustav » Fri Aug 08, 2014 9:24 am

Ok. So after a lot of reading and scanning through the documents this is what I have made out for myself. If anyone can come with an more correct interpretation of the law they are welcome to add it or correct my mistakes. It's a hefty few documents that has a very big impact on our trade, but also to a few other trades as well. For that reason I have tried to make it a bit shorter and highlight some issues.

As stated in the document "These Regulations are called the Alien and Invasive Species Regulations, 2014 and take effect within
60 days of publication
in the Gazette."

Reptiles requiring a permit throughout the whole of SA (Category 2)
a) Soft-shell terrapins
b) Basilsk, Brown basilsk
c) Spur-thighed tortoise, African spured tortoise
d) Common snaping turtle
e) Ratlesnakes
f) Oustalet's chameleon
g) Panther chameleon
h) Tokay gecko
i) Aligator snaper turtle
j) Carpet/diamond python
k) Indian/Burmese python, Asiatic rock python

Reptiles requiring a permit in certain provinces
a) Green anole in the Eastern Cape, KwaZulu-Natal, Limpopo and Mpumalanga
b) Plumed basilsk ,Gren baslisk in Eastern Cape, KwaZulu-Natal, Limpopo and Mpumalanga
c) Rhinoceros viper, River jack in KwaZulu-Natal, Mpumalanga, Eastern Cape, Gauteng and Limpopo
d) Gabino viper, West African gabon viper in KwaZulu-Natal, Mpumalanga, Eastern Cape, Gauteng and Limpopo
e) Common boa(Red tails) in KwaZulu-Natal, Mpumalanga, Eastern Cape, Gauteng and Limpopo
f) Jackson's chameleon in Eastern Cape, KwaZulu-Natal, Limpopo and Mpumalanga
g) Meller's chameleon in Eastern Cape, KwaZulu-Natal, Limpopo and Mpumalanga
h) Green iguana in KwaZulu-Natal, Mpumalanga, Eastern Cape, Gauteng and Limpopo
i) Amethistine python in Eastern Cape, Kwazulu Natal, Limpopo and Mpumalanga
j) North African python in KwaZulu-Natal, Limpopo, Mpumalanga, Eastern Cape and Gauteng

A note is that Jackson's and Meller's Chameleons are listed twice for some reason on the original list.

Category 3 listed reptile is the corn snake and Indonesian/Common water monitor. From what I can read and understand they are " species which are subject o exemptions in terms of section 71(3) and prohibitions in terms of section 71A of Act, as specified in the Notice." Meaning they are not illegal to keep and do not require a permit, but they are prohibited from breeding.

EXEMPTED ALIEN SPECIES
1. The following categories of alien species that are within the Republic when this Notice comes into effect, are exempted from the provisions of section 65(1) of the Act: a. Dead specimens of any alien species, including:
(i) dead specimens imported, kept, or removed from one area to another as taxonomic reference specimen; and
(ii) dead specimens used as derivatives in products, including food, cosmetics and detergents.
b. Any alien species that has been legally introduced into the Republic, or was introduced into the Republic prior to any legal requirement for such introduction, for agricultural purposes, and any new cultivar, variety, or hybrid of any species legally imported for agricultural purposes (excluding those which are already listed as invasive).
c. Any alien species, other than an alien species introduced for agricultural purposes as contemplated in paragraph (b) above, that has been legally introduced into the Republic, or was introduced into the Republic prior to any legal requirement for such introduction, prior to the commencement of this Notice. (no permits for these who have them now?)
d. Any invasive species listed in terms of section 70(1)(a) of the Act. e. All extra-limital taxa in the Republic, other than fresh-water fish.


As for the permits...

19. Form and content of application for permit
(1) An application for a permit contemplated in sections 65(1) or 71(1) of the Act must be made on a
form obtained from the issuing authority.(Who are they and where are they?)

(2) An application referred to in sub-regulation (1) must-
(a) be submitted by the person to whom the permit must be issued or by such person's duly
authorized representative;
(b) be accompanied by the applicable application fee specified in Anexure A;

Import into the Republic R200.00
Alien & Listed Invasive Species Al restricted activities R100.00
Renewal of permit R50.00
Appeals R50.00


(c) be accompanied by the details of the risk assessment facilitator;
(d) be accompanied by the risk assessment report contemplated in Regulation 17;
(e) include any other additional information as may be required by the issuing authority; and
(f) be lodged-
(i) with the issuing authority together with such additional copies as may be required by
the issuing authority;
(ii) in a manner as required by the issuing authority; and
(iii) with the original or certified documentation in support of the application, if required
by the issuing authority.

(3) Notwithstanding the provisions of sub-regulation (2)(b)-
(a) payment of the applicable application fee as set out in Anexure A does not apply to
organs of state; and
(b) payment of the applicable application fee as set out in Anexure A may be waived for
scientific institutions.

20. Consideration of application
(1) The issuing authority must, on receipt of an application for a permit-
(a) request, within 30 working days of receipt of the application and the risk assessment
report, such further information as the issuing authority may require;
(b) notify any province that may be adversely affected by the proposed activity, of the
application;
(c) have regard to the contents of the risk assessment report accompanying the application;
(d) consider the application and any objections that have been lodged with regard thereto by
an MEC for Environmental Affairs;
(e) conduct such inspections as may be appropriate; and
(f) reach a decision in accordance with regulation 21.

21. Decision
(1) A decision on an application for a permit must be made within 60 working days of receiving the
risk assessment report or, where further information has been requested in terms of regulations
19(2)(e) or 20(a), within 30 working days of receiving such information.

(2) The issuing authority must-
(a) notify the applicant and any objectors contemplated in regulation 20(1)(d) to the application
of the decision in writing; and
(b) if the application has been approved, issue a permit in the name of the person authorized
to carry out he restricted activity.

The notifcation contemplated in sub-regulation (2)(a) must stipulate-
(a) the alien species or listed invasive species to which the aplication relates;
(b) whether the decision relates to a single specimen or to multiple specimens of the same
alien species or listed invasive species; and
(c) the restricted activities involving the alien species or listed invasive species to which the
application relates.
(4) A permit may not be issued with retrospective effect.

22. Permit conditions
(1) In addition to any permit conditions imposed in terms of section 8(2)(c) of the Act, the following
conditions apply to all permits:
(a) The permit may not be transferred to any other person; and
(b) the holder of the permit must take all the necessary steps to prevent he escape and
spread of the species, including the growth or spread of seeds or any other specimens of
the species, outside the area for which the permit is issued, and must take all necessary
steps to control any specimen that escapes or spreads.
(2) The issuing authority may issue a permit to carry out a restricted activity involving a specimen of
an alien or listed invasive species subject to conditions, including but not limited to, control
methods determined by the issuing authority, including the use of sterile varieties or the
concurrent introduction of biological control agents.

29. Sale or transfer of alien and listed invasive species
(1) 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.
(So the person buying the animal must apply for the permit, not the seller/breeder)

(2) The new permit-holder contemplated in sub-regulation (1) will be subject to the same conditions
as the permit-holder who has sold the specimen of an alien or listed invasive species, or the
property on which a specimen of an alien or listed invasive species occurs, unless specific
circumstances require all such permit conditions to be revised, in which case full reasons must be
giving in writing by the issuing authority.
(3) The seller of any immovable property must, prior to the conclusion of the relevant sale
agreement, notify the purchaser of that property in writing of the presence of listed invasive
species on that property.


I really hope this helps a bit.
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Re: new legislation on invasive species

Postby Lillypod » Fri Aug 08, 2014 11:19 am

Sooooo in other words, the person who wanted to import the tessera corns can squash his dreams...
3-1-4 Leopard Gecko
1-1-2 Bearded Dragon
0-1 Brown House Snake
2-3 Ball Python
1-1 Western Hognose
1-1 Kenyan Sand Boa
3-2 Corn Snake
0-0-1 Bosc Monitor
0-1 Taiwanese rat snake
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Re: new legislation on invasive species

Postby Urucone » Fri Aug 08, 2014 6:22 pm

I am very disappointed in the list, this will cause a big dent in the reptile community, i have to run around and get permits on my gabby's, not that i have ten million other stuff to do, but in the long term this may cause an increase in value for certain reptiles namely corn snakes but that's if they can be removed from the list in 5 or 10 years time, this will cause the market to stabalize and that a few people could have the monopoly, that's if these animals can be removed, as for boas, burms, gabbys and carpets the prices will also go up, because now you cant get these animals around every corner and permit costs have to be taken in consideration, bravo for the government, now they can get 100's of 1000's of rands in for doing nothing, if you have 50 boas and each snake cost is r100, that means r5000 once off and 2500 a year on renewals, I'm no genius when it comes to legal aspects but I'm reasonably skilled in reading the pet market and when im taken for a ride.
as long as you keep quiet, no one will notice that your dumb
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Re: new legislation on invasive species

Postby theojess » Mon Aug 11, 2014 8:16 am

So what about the people breeding corns for expos, petshops etc? how are you going to expand your collection without any to collect? I have 30 corns and now im not alowed to breed them.
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