Points from Durban Meeting 1. DEA PROPOSALS FROM DURBAN, AND - - PowerPoint PPT Presentation

Points from Durban Meeting

Proposals from DEA following the two meetings held in Durban Responses from FOSAF and Trout-SA 1 Brown trout and rainbow trout ("trout") will be listed as invasive species, in areas in which they do not occur in South Africa. Noted. 2 Trout will be listed as Category 2 species in National Parks, Provincial Reserves, Mountain Catchment Areas and Forestry Reserves specified in terms of the Protected Areas Act. Trout SA notes that most of these areas will be in such reserves and that the intention is to issue permits to management authorities where applicable and this is accepted in the spirit of compromise. However, those privately owned reserves like Mount Anderson, where trout are a major driver of the reserves’ existence, must be exclude from this listing. 3 Trout are not listed outside of these areas (#1 and #2), in systems in which they occur (including rivers, dams, natural lakes, wetlands and estuaries), and there is no requirement for "control" or a Permit in these areas. Agreed

• 1. DEA PROPOSALS FROM DURBAN, AND FOSAF/TROUT-SA RESPONSES

4

• A Permit will be required for selling live specimens of trout.
• Aquaculture facilities will be issued with a Permit to do so.
• It was proposed that this be a five-year Permit, for multiple sales of live specimens.
• The Permit condition will be to record details of each sale, and capture these on a

confidential Website available to DEA Biosecurity.

• The details should include the person/group to whom it has been sold, the area in which

the live trout will be released, and the route that will be driven in taking the trout to the area of release.

• (When the maps are completed, trout may not be sold to a person wishing to introduce it

in an orange or red area, without a Permit from DEA for that introduction.)

• A receipt with this detail will be required to be carried by those transporting the live
• specimens. Failure to produce such a receipt, or a Permit from DEA (where the trout

have been obtained from someone other than at an aquaculture facility), will constitute an

• ffence in terms of the Regulations.
• 2. GOVERNMENT POSITION ON SELLING LIVE SPECIMENS OF TROUT

4 Trout-SA/FOSAF accept the proposed operational management procedures and objectives. In terms of the legal basis for permitting, it is proposed that the permitting of stocking trout from fish farms into unlisted waters not be done under a Category 2 Invasive listing because: 1) The industry sensitivity to the “invasive’ term; and 2) As trout are moving from unlisted aquaculture operations to unlisted waters there is no biodiversity risk. We propose instead that for the purpose of stocking unlisted waters, trout should be exempt as aliens under section 66 which allows for the imposition of conditions. Such conditions will cover and include all the aspects enumerated by Dr Preston. Mention was made of a secure Web site available to producers and DEA Biosecurity. Thus producers would record details of each sale: including, the person/group to which it has been sold, the location at which the live trout will be released, and the route that will be driven in taking the trout to the location of release. A receipt with this detail printed off the website, will be required to be carried by those transporting the live specimens. Failure to produce such a receipt, or a Permit from DEA (where the trout have been obtained from someone other than at an aquaculture facility), will constitute an offence in terms of the Regulations.

• 3. FOSAF/TROUT-SA POSITION ON SELLING LIVE SPECIMENS OF TROUT

5 A Permit will be required to introduce trout into rivers, natural lakes, wetlands, estuaries and public dams, in areas where they currently occur. Such Permits will be granted to individual and possibly groups (Legal to confirm) on a long-term basis, and for multiple introductions, in areas that are agreed by DEA and its partners, and the industry, to be "green" in terms of the mapping that was co-

• rdinated by Dr Swartz.

This will be specified in terms of the Permit conditions, rather than being written into the Regulations or Notices. I would propose that DEA, its partners and the industry agree on interim maps within the next two

• months. These maps will be further developed over

the next two years, during which time it is hoped that an Invasive Species Green Paper, White Paper, Act and Regulations will be developed that can incorporate such a map in terms of demarcated areas. The word introduce must be replaced with “release”. While we have agreed to this in a spirit

• f compromise the alternative formulation noted

above using Section 66 is preferred and proposed as this avoids the “invasive” appellation but achieves the same management objectives. The requirement for stocking public dams is new and was not discussed. Trout-SA and FOSAF are

• f the opinion that this requirement is not

necessary as the stocking of public dams does not pose a biodiversity threat. As all activities on public dams are subject to Department of Water Affairs authorisation and permit guided by dam Resource Management Plans the use of state property for public and private benefit is already provided for.

• 4. GOVT vs FOSAF/TROUT-SA ON PERMIT TO RELEASE TROUT

• 5. GOVT AND FOSAF/TROUT-SA POSITIONS ON REMAINING POINTS

6 Trout will not be listed as Category 2 species for aquaculture facilities, in areas in which they currently occur. Agreed 7 Trout may be introduced into privately owned dams (human-made structures, as opposed to natural lakes) without a Permit. If the dam is

• n a river, it may still be stocked with trout without a Permit.
• Agreed. But delete reference

to private dams leaving it as just a reference to dams. This will then be a natural consequence of not listing trout as invasive. 8 Trout ova may be imported into the country in terms of these Regulations, providing they go through a risk assessment and phytosanitary measures through DAFF. Agreed 9 We did not go back to whether it is necessary to have the existing Permits from Provinces valid for a two-year period. It does no harm to keep that in, although I think there is now no need (for trout).

• Agreed. This must be subject

to constitutional space for provincial powers. 10 Where trout are being farmed without a Permit, this will be "regularized" if within areas within which they currently occur. As trout are now not listed in such areas, and aquaculture facilities are not listed, I am not sure if there is any case where regularization will be

• necessary. However, there is that commitment. So (f) below may be

redundant Agreed. 11 I think it goes without saying that no Permit is required to fish for trout, in terms of these Regulations? Agreed.

• 5. FURTHER POSITIONS, INCLUDING ON SELF-ADMINISTRATION

12 DEA, its partners, Trout SA and FOSAF will issue a joint statement on the above, if the Minister approves after our respective consultations. Agreed a.

• Agreed. A degree of self-administration is already provided for,

following Professor Britz’s suggestions regarding Permitting. Consultation would be undertaken regarding regulation of self-administration by trout industries. b. Government reserves the right to protect critically endangered and endangered fish in select discrete catchments, against invasive fish species. Agreed c. DAFF: “We briefly discussed how one would tackle "regularisation" of the existing industry to ensure that impacts are managed properly and that we have a clear understanding of the distribution of the current

• sector. This applies primary to very small scale farm operation that

may not have the correct permits.” n/a d. DAFF: “We discussed setting up a workshop with the DEA, provinces, SAIAB and SANBI to develop a guideline regarding areas where RAS systems may be acceptable, areas where tilapia have invaded and pond culture could be accepted and areas where even RAS systems would not be encouraged. In addition, the question regarding the risk

• f using the GIFT tilapia strain was posed as it is likely to be raised.”

n/a

Approach to Regulation of Invasive Species

The Approach to Regulation of Invasive Species

1. The approach to the control of listed invasive species, and the prevention of the introduction of potentially invasive species not yet in the country, is to ensure that the Regulations:

• meet the objectives of the Act,
• recognize co-operative governance and mandates of other Departments and the Provinces,
• focus on priorities, and
• . be practicable, sensible, enforceable and affordable.

2. The focus, in keeping with international best practice, is on:

• preventing new invasions,
• addressing early detection, and rapid response,
• the judicious use of biological control agents,
• focusing on where invasives are most harmful (such as high-altitude clearing), and
• prioritizing the most damaging species.

3. Although the first requirement is a science-based assessment of the (potential) invasiveness of a species, the utility of invasive species must influence decision-making. A long-term view on control of species already in country (where “eradication” is virtually impossible) has been taken - e.g.

• not listing jacarandas in urban areas,
• recognizing National Heritage Trees (e.g. camphor trees),
• differentiating measures where practicable (e.g. large Monterey pines in the South-Western Cape),

and

• the nuanced approach to gum trees.

Category 1a Listed Invasive Species  Take immediate steps to combat or eradicate listed invasive species. Category 1b Listed Invasive Species  Control the listed invasive species.  Comply with any Invasive Species Management Programme. Category 2 Listed Invasive Species  Require a Permit to carry out a restricted activity within specified area.  Must ensure that the specimens of the species do not spread outside of the land or the area specified in the Notice or Permit.  Specimens that occur outside the Permitted area or conditions are then Category 1b species. Category 3 Listed Invasive Species  Subject to exemptions and prohibitions, as specified in the Notice.  Any Category 3 plant specimen in riparian areas is to be a Category 1b species.  Comply with any Invasive Species Management Programme.

Categories of Listed Invasive Species

Taxa Listed Invasive Species [s.70(1)] Prohibited Alien Species [s.67(1)] List 1: Terrestrial and Fresh-water Plants 379 238 List 2: Marine Plants 4 2 List 3: Mammals 41 18 List 4: Birds 24 20 List 5: Reptiles 35 10 List 6: Amphibians 7 9 List 7: Fresh-water Fishes 15 110 List 8: Marine Fishes 1 List 9: Terrestrial Invertebrates 23 131 List 10: Fresh-water Invertebrates 8 8 List 11: Marine Invertebrates 16 7 List 12: Microbial Species 7 7 Total: Species/Groups of species 559 561

“control”, in relation to an alien or invasive species, means- (a) to combat or eradicate an alien or invasive species; or (b) where such eradication is not possible, to prevent, as far as may be practicable, the recurrence, re-establishment, re-growth, multiplication, propagation, regeneration or spreading of an alien or invasive species;

Does “control” mean that all listed invasives must be killed?

1. This definition in the Act will be made clearer, when the Act is amended. 2. It has been deliberately interpreted by FOSAF and Trout SA to mean that all listed invasives must be

• killed. That suits their objective that “Trout stakeholder groups attack the DEA’s decision on all fronts”

(Synopsis of the meeting of the Trout Working Group Held at Lanseria Airport on 13 December 2013). 3. Category 1a has species that may be able to be eradicated. Trout cannot be eradicated. 4. Therefore (b) of the definition will apply. 5. Requirement is thus “to prevent, as far as may be practicable, the recurrence or re-establishment or re-growth or multiplication or propagation or regeneration or spreading of an alien or invasive species.” 6. Our Categories 1b, 2 and 3 all comply with point #5 above. 7. Not one of the other industries dependent upon Category 2 species has used this line of attack (despite requests by Trout SA to do so): Forestry, Nursery, Landscape, Game, Agriculture, Pet-trade, etc. 8. Independent legal opinions suggest that a Judge would not compel the Department to “kill all trout” (and thus all other Category 2 species). Ironically, this argument is only put forward by trout proponents!

Are trout invasive, in terms of the NEM:BA (and NEMA)?

1. Section (b) is clear: “may result in economic or environmental harm or harm to human health.” Lawyers cannot interpret it to mean “economic and environmental harm and harm to human health”. 2. Note that it refers to “demonstrable potential” in (a). 3. It is absurd argument that a Biodiversity Act will not protect biodiversity! 4. The (illogical) conclusion is that indigenous species could then be decimated or driven to extinction by an invasive species, and the law should not intervene, unless human well-being is affected. 5. It assumes that “human health” is not “harmed”, for example, from a psychological sense of loss. 6. The only science-based evidence provided is categorical that rainbow trout and brown trout are invasive in South Africa. Those criticising the Risk Assessments have not provided any evidence to the

• contrary. (It is absurd to argue that Risk Assessments should be done for every stretch of water. Who

should pay? Conditions vary, and the invasiveness of trout will vary accordingly.) 7. FOSAF has acknowledged that trout are invasive, including in keeping them out of certain areas. “invasive species means any species whose establishment and spread outside of its natural distribution range- (a) threaten ecosystems, habitats or other species or have demonstrable potential to threaten ecosystems, habitats or other species; and (b) may result in economic or environmental harm or harm to human health”.

1. We do not want to impose Restricted Activities on all alien species already in the country. 2. We intend to amend these definitions when the Act is amended. 3. We know of over 9,000 alien-to-the-country plant species already in South Africa. Many other plant and

• ther species (some undescribed, even) are in the country.

4. In the definition in (b), any one of the over 20,000 indigenous plant (and the other) species could be defined as “alien” in certain circumstances. This is absurd, from a perspective of what is enforceable. 5. “Alien” species already in the country are not a concern. We wish to disassociate the legislation with such species. If they are a problem, we shall list them as invasive. If not, we shall leave them alone. 6. Our concern is with species coming into the country – not because they are alien, but because they are potentially invasive. All of our focus on “alien species” is in regard to the introduction of such species. “Guilty until proven innocent” coming into the country; “innocent until proven guilty” within the country. 7. We therefore do not support regulating trout, as one of the invasive species, as an alien species. “alien species means- (a) a species that is not an indigenous species; (b) an indigenous species translocated or intended to be translocated to a place outside its natural distribution range in nature, but not an indigenous species that has extended its natural distribution range by natural means of migration or dispersal without human”.

“Trout should be listed as an alien, not an invasive, species”

The Environmental Programmes within the Department of Environmental Affairs has spent over R5 million in creating employment for the production of flies for fly-fishing. Its Working for Water programme to control invasive plants in watersheds is probably the single most important intervention in order to sustain “trout waters” in South Africa.

Support for legal trout industries

Legal trout farming and fly-fishing has the full support

• f Government. It is a legitimate and valued use of

waters where trout have established. Within these waters, Government supports an increase in trout aquaculture, and an optimising of trout fly-fishing. The Department has the full support of Southern African Sustainable Seafood Initiative’s “Green Listing”

• f trout, necessary for the sale of trout in major retail

stores like Woolworths and Pick ’n Pay. SASSI has stated that adherence to these Regulations will not put the Green Listing at risk.

Proposed Way Forward

Following meetings with Trout SA, Aquaculture SA and FOSAF in two meetings in Durban during July 2014, as well as with SASACC, DEA has engaged with DAFF, SANBI and the Provinces, regarding the regulation of brown trout (Salmo trutta) and rainbow trout (Oncorhynchus mykiss). The following points summarize the authorities’ collective position:

1. Brown trout and rainbow trout ("trout") are prohibited in areas in which they do not legally occur. 2. Trout will be listed as Category 2 species in National Parks, Provincial Reserves, Mountain Catchment Areas and Forestry Reserves specified in terms of the Protected Areas Act. 2.1 The authorities, or private-sector groups, in these areas may be issued long-term Permits for multiple-release of trout in discrete Protected Area catchments in which they occur. 2.2 These Permits may be subject to review, as outlined in point #12. 3. Outside of these Protected Areas (#2), trout will not be listed as invasive species in areas in which they occur. 3.1 As they are not listed, this means that there is no requirement for control of the species in these areas (where they occur). 3.2 Aquaculture facilities registered with DAFF will not require a Permit in terms of these Regulations, but must comply with Permit requirements (#4, 5, 6 & 7) for the sale, release or transportation of live specimens of trout.

Summary Position on the Regulation of Rainbow Trout and Brown Trout in terms of the Alien and Invasive Species Regulations, 2014

• 1. PERMITS AND AUTHORITY TO RELEASE TROUT

4. Trout may only be released into a water body, including rivers, dams, natural lakes, wetlands, estuaries, with a Permit. 4.1 Aquaculture facilities registered with DAFF will not require a Permit for releases within the facilities (hatchery). 4.2 Catch and release of trout in the same water in which they were caught, will not require a Permit for release. 5. The issuing of Permits for release into a water body will be done on the following basis: 5.1 Long-term, multiple-release Permits may be issued for trout to registered aquaculture facilities, trout fishing associations and other groups and individuals, in demarcated areas determined with reference to the national guideline maps. 5.2 Electronically captured details of trout releases (stockings) will be required as part of the Permit conditions, to be co-ordinated by the Department, and this may facilitate registered aquaculture facilities and associations to permit their customers or members to stock trout in accordance with their Permit conditions.

• 2. PERMITS AND AUTHORITY TO RELEASE TROUT (Continued)

5.3 These national guideline maps will be based on those developed by SANBI and the industry, which were previously co-ordinated by Dr Ernst Swartz of SAIAB. 5.4 The national maps will be updated by the Department under advice from a Working Group comprising of national and Provincial experts, scientific experts, and industry representatives, with an initial verification process by the end of 2014. (Ongoing updating will be done, as may be required.) 5.5 The verified “green” areas in the revised national guideline maps will guide the issuing

• f long-term, multiple-release Permits (#5.1).

5.6 If the maps continue with an “orange” zone, signifying a cautionary zone, then a Permit may be granted for the orange zone, subject to a Risk Assessment and Permit Application, done at the expense of the applicant. 5.7 Trout will not be permitted in rivers, dams, natural lakes, wetlands or estuaries or other natural water bodies, in discrete catchments in which they do not occur. 5.8 Recirculating Aquaculture Systems (RAS) may be considered in certain areas in which trout do not occur, subject to a strict norms and standards through a Risk assessment and Permit process.

6. A Permit will be required for selling live specimens of trout. 6.1 Long-term, multiple-sale Permits will be issued to aquaculture facilities registered with DAFF, and other applicants upon review, for the sale of live specimens of trout. 6.2 The aquaculture facility will have to record, as part of its Permit conditions, confidentially on a secure web-based databank established by the Department, the following details for each sale: 6.2.1 The person issuing the sale receipt, and all required contact details. 6.2.2 The person/group to whom the live trout have been sold, and all required contact details. 6.2.3 Details of the sale (the number and approximate age or size of the trout). 6.2.4 The area in which the live trout will be released, with precise locality information (and confirmation that this is in a “green” zone on the national map, or that a Permit has been issued – see also 5.2). 6.2.5 The route that will be driven in taking the trout to the area of release, and the time taken to do so (with restrictions on the time). 6.2.6 A receipt with this detail must be issued by the aquaculture facility and be required to be carried by those transporting the live specimens. 6.2.7 Any specimens that die must be retained during the period that they are being transported. 6.3 The Department may issue similar Permits to those acquiring live trout from someone other than an aquaculture facility.

• 3. PERMITS AND AUTHORITY TO SELL LIVE SPECIMENS OF TROUT

7. Live specimens of trout may not be transported without a Permit or receipt from an aquaculture facility registered with DAFF (as outlined in point #6.2). 8. Existing Permits or authorizations from Provinces, relating to trout, will be recognized for a two-year period from the date of the publication of the Government Gazette with the amended AIS Regulations and Notices. 9. The Department may not withhold issuing a Permit to a person buying immovable property with existing Permit rights, unless this is done to all Permit-holders in the area in terms of #12, or if Permit conditions have not been met.

• 10. All aquaculture facilities will need to register with DAFF within one month of the trout

amendment being legislated, in terms of #4.1 and #6.1 above. 10.1 Where trout are currently being farmed without a Permit, this will be "regularized" if within green areas in the revised national guideline map (and if registered with DAFF, in the case of aquaculture facilities). 10.2 Where trout are currently being farmed without a Permit outside of the green areas in the revised national guideline map, a risk assessment and Permit may be required.

• 4. TRANSPORT OF TROUT, PROVINCIAL PERMITS, AQUACULTURE

• 11. No Permit is required to fish for trout in terms of these Regulations.

11.1 Note that this does not refer to any requirement for an Angling Permit, or any other such requirements.

• 12. The Department retains the right to pursue the local extirpation of invasive fish in specific

discrete stretches of rivers, based on conservation priorities in terms of critically endangered or endangered indigenous fish, amphibian, invertebrate or other indigenous species, or for other ecosystem management purposes.

• 13. No invasive alien fish species that may prey on trout, and are not in a discrete catchment

area in which trout are present, will be allowed to be released into that catchment.

• 14. There are no restrictions on rainbow trout being farmed in salt-water facilities.

14.1 However, these trout remain subject to all requirements for release in fresh-water systems, and sale and transport of live specimens.

• 5. PERMITS TO FISH, EXTIRPATION, OTHER INVASIVES, SALT-WATER

• 15. Any proposed importation of other new (i.e. not legally in the country) species of trout or

salmon into the country will be subject to formal risk assessment, sanitary, phytosanitary and Permit processes, at the expense of the applicant.. 15.1 However, rainbow and brown trout ova may be imported into the country in terms of these Regulations, without a Permit, by aquaculture facilities and research facilities registered with DAFF providing they have the relevant sanitary and phytosanitary Permits or assurances through DAFF. 15.2 Trout ova may only be used by the aquaculture facilities and any research facilities registered with DAFF, without a Permit.

• 16. Nile tilapia will remain Category 2 for the country, and DEA, its Provincial partners, DAFF,

SANBI, SAIAB and the industry will meet to finalize norms and standards. 16.1 This will include developing a guideline regarding areas where RAS systems may be acceptable; areas where Nile tilapia have invaded and pond culture could be accepted, and areas where even RAS systems would not be accepted. 16.2 The acceptance or otherwise of introducing the GIFT tilapia strain will be resolved.

• 6. IMPORTATION OF TROUT OR OVA, NILE TILAPIA

• 17. The Department, its Provincial partners, DAFF, SANBI, SAIAB and the industry will set up

workshops over the next two years, to consider options for (further) self-administration in the regulation of trout species in the country.

• 18. Until trout are listed through an amendment to the Notice to the Alien and Invasive Species

Regulations, 2014, the existing Provincial controls over trout will continue to apply, and will be administered by the Provincial Authorities. 18.1 Upon the listing of trout in the Notice, the regulation of trout will be co-ordinated by the Department, as national Regulations to be implemented uniformly across the Provinces. 18.2 The Provinces may continue to regulate trout in their Provinces, but in terms of the national laws; delegated by the Department to do so, and subject to co-ordination by the Department. 18.3 In the event of any dispute, the Minister remains the Issuing Authority and Competent Authority. 18.4 Appeal processes are provided for in the Act and Regulations.

• 7. SELF-ADMINISTRATION, INTERIM PROVINCIAL CONTROL

• 19. The implementation of the Regulations for trout must be practical, fair, affordable and

enforceable.

• 20. The Department remains is fully supportive of trout aquaculture being promoted and

expanded in systems in which trout already occur, and for trout fishing to remain legal in the areas in which they legally occur (subject to point #12).

• 8. IMPLEMENTATION AND SUPPORT FOR TROUT INDUSTRIES

Restricted Activities

Restricted Activities as defined in the Act Category 1a Category 1b Category 2 Category 3 Importing into the Republic, including introducing from the sea, any specimen of a listed invasive species. Prohibited Prohibited Permit Required Prohibited Having in possession or exercising physical control over any specimen of a listed invasive species. Exempted Exempted Permit Required Exempted Growing, breeding or in any other way propagating any specimen of a listed invasive species, or causing it to multiply. Prohibited Prohibited Permit Required Prohibited Conveying, moving

• r
• therwise

translocating any specimen of a listed invasive species. Prohibited Prohibited Permit Required Prohibited Selling or otherwise trading in, buying, receiving, giving, donating or accepting as a gift, or in any way acquiring or disposing of any specimen of a listed invasive species. Prohibited Prohibited Permit Required Prohibited Restricted Activities as defined in Regulation 6 Spreading or allowing the spread of any specimen of a listed invasive species. Prohibited Prohibited Permit Required Prohibited Releasing any specimen of a listed invasive species. Prohibited Prohibited Permit Required Prohibited

Restricted Activities as defined in the Act (continued) Category 1a Category 1b Category 2 Category 3 The transfer or release of a specimen of a listed invasive fresh-water species from one discrete catchment system in which it occurs, to another discrete catchment system in which it does not occur; or, from within a part of a discrete catchment system where it does occur to another part where it does not occur as a result of a natural or artificial barrier. Prohibited Prohibited Permit Required Prohibited Discharging of or disposing into any waterway or the ocean, water from an aquarium, tank or other receptacle that has been used to keep a specimen of an alien or a listed invasive species. Prohibited Prohibited Permit Required Prohibited Catch and release of a specimen of a listed invasive fresh- water fish or listed invasive fresh-water invertebrate species. Prohibited See Notice 3 See Notice 3 See Notice 3 The introduction of a specimen of an alien or a listed invasive species to off-shore islands. Prohibited Prohibited Prohibited Prohibited The release of a specimen of a listed invasive fresh-water fish species, or of a listed invasive fresh-water invertebrate species, into a discrete catchment system in which it already

• ccurs.

See Notice 3 See Notice 3 See Notice 3 See Notice 3