National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)RegulationsRegulations pertaining to threatened or protected terrestrial species and freshwater species, 2023 - effective 1 April 2023Section A: Provisions relating to Listed Threatened or Protected SpeciesChapter 8 : The regulation of specific restricted activities involving certain listed threatened or protected species84. Regulation of restricted activities involving specimens of listed threatened or protected freshwater fish species |
| (1) | The issuing authority may issue a permit in accordance with these Regulations in relation to the conveying, moving or otherwise translocating, and release of a live specimen of a listed threatened or protected freshwater fish species in the following circumstances— |
| (a) | within the same catchment of such specimen; |
| (b) | in a different catchment within the natural distribution range of such specimen, or in a natural aquatic system outside the natural distribution range of such specimen, provided that the conveyance and release is done by an official of an organ of state responsible for the conservation of biodiversity,for conservation purposes; |
| (c) | in closed water on private land, within the natural distribution range; or |
| (d) | in respect of a registered scientific institution, where there is a low risk of the specimen escaping from the facility, whether inside or outside the natural distribution range. |
| (2) | The issuing authority may issue a permit in accordance with these Regulations in relation to the possession of, or exercising physical control over, a live specimen of a listed threatened or protected freshwater fish species, after an identification of risk factors has been conducted in accordance with regulation 16 of these Regulations, to— |
| (a) | a commercial exhibition facility for educational purposes only; |
| (b) | a registered scientific institution, where there is a low risk of the specimen escaping from the facility, whether inside or outside the natural distribution range; |
| (c) | an organ of state responsible for the conservation of biodiversity; |
| (d) | a registered captive breeding facility contemplated in subregulation (4); or |
| (e) | the owner of private land contemplated in subregulation (1)(c). |
| (3) | A permit may not be issued for the possession of or exercising physical control over a live specimen of a listed threatened or protected freshwater fish species for home use in garden ponds or fish tanks. |
| (4) | The issuing authority may issue a permit in accordance with these Regulations in relation to the breeding of specimens of a listed threatened or protected freshwater fish species in a registered breeding facility where there is a low risk of the specimens escaping from such breeding facility, provided that such specimens are bred for conservation or research purposes . |
| (5) | The issuing authority may issue a permit in accordance with these Regulations in relation to the catching of a specimen of a listed threatened or protected freshwater fish species, subject to the condition that such specimen may not be killed subsequent to the catching of such specimen, except if such killing is necessary— |
| (a) | in exceptional circumstances; or |
| (b) | by a registered scientific institution for scientific purposes. |
| (6) | A permit in terms of the Biodiversity Act in relation to the catching and release of a specimen of a listed threatened or protected freshwater fish species is not required if such specimen is released immediately subsequent to the catching thereof, in the same water where it has been caught. |
| (7) | The issuing authority may issue a permit in accordance with these Regulations to a person or facility contemplated in subregulation (2) in relation to the selling of a live specimen of a listed threatened or protected freshwater fish species, subject to a condition that such specimen may only be sold to— |
| (a) | to the owner of private land contemplated in subregulation (1)(c); or |
| (b) | a registered commercial exhibition facility. |
| (8) | The issuing authority may issue a permit in accordance with these Regulations in relation to the donation or giving as a donation of a live specimen of a listed threatened or protected freshwater fish species— |
| (a) | inside the natural distribution range of such specimen, by a person or facility contemplated in subregulation (2) to another person or facility contemplated in subregulation (2); or |
| (b) | outside the natural distribution range of such specimen, by— |
| (i) | a registered scientific institution to another registered scientific institution; or |
| (ii) | an organ of state responsible for the conservation of biodiversity to a registered scientific institution, where there is a low risk of the specimen escaping from the facility. |
| (9) | A person or facility contemplated in subregulation (8) may receive or accept as a donation, a live specimen of a listed threatened or protected freshwater fish species, only if such person or facility is authorized by a permit issued in accordance with these Regulations to possess or exercise physical control over, and to receive or accept as donation, such specimen. |
| (10) | The issuing authority may issue a permit in accordance with these Regulations in relation to the importation, exportation or re-exportation of a live specimen of a listed threatened or protected freshwater fish species, only to or from a registered scientific institution, where there is a low risk of the specimen escaping from the facility. |
| (11) | The issuing authority may issue a permit in accordance with these Regulations in relation to the conveying, moving or otherwise translocating, possession or exercising physical control over, selling or buying, donating or giving as a donation, or receiving or accepting as donation, of dead specimens of listed threatened or protected freshwater fish species, to a person or facility contemplated in subregulation (2). |
| (12) | A permit in terms of the Biodiversity Act in relation to the receiving or accepting as a donation of dead specimens of listed threatened or protected freshwater fish species by a registered scientific institution is not required. |