New draft amendments to the NEMBA Alien & Invasive Species Lists and Regulations were published for public comment on 16/02/2018.

You have 30 days to comment. Urgent action required!

 

DEA propose listing Trout as Category 2 invasive.  This is a category created unlawfully by regulation in contravention of the NEMBA requirement that invasive species be eradicated or prevented from spreading by allowing beneficial use thorough a process of permitting. However permits can only be granted in exceptional circumstances under NEMBA and require applicants to first undertake an onerous and expensive risk assessment process. You can get a sense of what is involved by looking at Chapter 6 (risk assessments) in the attached regulations.

 Few if any trout clubs will be able to do this and it is likely, given recent experiences in Mpumalanga, that many applications will be refused. Stocking of waters to trout will become a thing of the past if this becomes law and the trout aquaculture industry will very likely also close down.

 Our difficulty is that consultation drafts such as these are required by law to be accompanied by sufficient information reasonably necessary in order to enable members of the public to respond in an informed manner. We have asked for this information in the past and the DEA has said it is unable to provide the background info. DEA have once again failed to do this which means that the notice can be attacked on procedural grounds.

 The published notices are available at: 

Lists:

https://www.environment.gov.za/sites/default/files/gazetted_notices/nemba10of2004_draftamendments_alienandinvasivespecieslists_gn41445_n115.pdf

Regulations:

https://www.environment.gov.za/sites/default/files/gazetted_notices/nemaba10of2004_draftalieninvasivespeciesregulations_gn41445_n112.pdf

Flyfishers can immediately help defend trout by sending an e mail to the person noted in the notice Dr Guy Preston (NembaRegs@environment.gov.za) headed "Draft AIS Lists and Regulations" drafted along the following lines:

"Dear Dr Preston

Before I can submit a representation I need the following information:

  1. Our law requires that such notices must be accompanied by sufficient information to enable the public to consult on an informed basis, why is it that you have not given the public this information?
  2. Please tell me in sufficient detail why it is each of the species mentioned in the draft list are invasive.  In particular, please advise why these species pose ecological threats in the areas and in the manner you want the Minister to list them as invasive and why this threat causes harm or is likely to cause harm to human health and wellbeing. 
  3. Kindly explain what considerations the Minister weighed up in arriving at an intention to list each species as proposed in the Notice? 
  4. Kindly also advise what policy guided the Minister’s considerations if any?
  5. Please tell me why the existing AIS regulations are being replaced by new ones and how they are different to the old regulations and why the changes are necessary?
  6. The National Environmental Management Act says that the environmental principles set out in section 2 of that Act must be applied to all environmental decision making including the listing of species of invasive and the making of regulations. How were these principles applied in the process that resulted in the Draft AIS Lists and Regulations?

The 30 day consultation period is running so I would appreciate that you provide me with this necessary information as soon as possible and in good time to allow me to submit a representation.

 I reserve all my rights in the interim.

Yours faithfully ...."

 

A fuller analysis of the above will be available ASAP.

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