Hi Patrick

Thats how I understood it...

Under Schedule 4 there is the section for unrestricted species:

Schedule 4
(Section 19(1)))
Unrestricted Species
Invertebrates
a. Alien tarantulas and alien scorpions excluding those listed in terms of section 67(1) of the National
Environmental Management: Biodiversity Act, 2004

Which means all tarantulas except those 11 are unrestricted.

Schedule 9
(Section 59(1))
Alien Invertebrates

All invertebrates alien to the Republic of South Africa, excluding those regulated and listed in terms of
section 67(1) of the National Environmental Management: Biodiversity Act, 2004.

So all Alien tarantulas are already regulated by schedule 4.

This is how I understand it.

Patrick Gildenhuys wrote: Hi Jake
That does sound like good news.
Have you looked at the new draft?

It does, and it makes one more relaxed but Yes I have, the 2013 draft. Page 51 Schedule 4.

Located here =

Mammals
Common Name Scientific name
1. Marmoset Callithrix spp
2. Squirrel Monkey Saimiri sciureus
3. Hamsters Cricetus spp
4. Dwarf Hamsters Phodopus spp
5. Chinchilla Chinchilla chinchilla

Invertebrates
a. Alien tarantulas and alien scorpions excluding those listed in terms of section 67(1) of the National Environmental Management: Biodiversity Act, 2004
Reptiles
a. All non-venomous alien snakes excluding those listed in terms of section 67(1) of the National Environmental Management: Biodiversity Act, 2004.
b. All non-venomous alien lizards, monitors and geckoes excluding those listed in terms of section 67(1) of the National Environmental Management: Biodiversity Act, 2004.
c. All alien chameleons.
Birds
a. All alien birds, excluding alien birds of prey or excluding those listed in terms of section 67(1) of the National Environmental Management: Biodiversity Act, 2004.

Patrick Gildenhuys wrote: I'm not going to argue the point with you, and I hope that you are correcting me because you have some inside information??

What is it with the inside on the side of NATCON??
No I don't, I have read through the 2013 draft a good couple of times trying to understand it and eventually a friend phoned me and we spoke about it and got some clarity and with that clarity it made a whole lot more sense.

Patrick Gildenhuys wrote: Firstly, do you agree that the 11 species I listed are from "section 67(1) of the National Environmental Management: Biodiversity Act, 2004" ?

Yes, I agree 100 percent.

If you look at it Schedule 9. is just defining that they are an alien species, it not giving you much information, that is what (Section 59(1)) does.
Alien Invertebrates
All invertebrates alien to the Republic of South Africa, excluding those regulated and listed in terms of section 67(1) of the National Environmental Management: Biodiversity Act, 2004.

Patrick Gildenhuys wrote: If so, then this is what the new draft says (Red is quoted):
You need to pay attention, because it's worded quite confusingly...

The first paragraph defines alien invertebrates as everything in Schedule 9. Schedule 9 says: "All invertebrates alien to the Republic of South Africa, excluding those regulated and listed in terms of section 67(1) of the National Environmental Management: Biodiversity Act, 2004."

So basically Schedule 9 includes everything that is NOT listed in section 67(1) of the National Environmental Management: Biodiversity Act, 2004 (Those 11 species)...agreed?

The important bit here is WHAT I've underlined!
If you agree that Schedule 9 comprises of all species that are NOT on "section 67(1) of the National Environmental Management: Biodiversity Act, 2004", then they're saying that you may not keep (etc.) any species that is referred to in schedule 9!

So basically, the way I see it, in my kind of dumb language:
Anything that does NOT appear on that list of 11 species, is regarded as Alien, and makes up Schedule 9.
Anything on Schedule 9, may not be kept, sold, bred, imported, exported etc. in South Africa without a permit!

By all means, correct me if I'm wrong?

And now if you add Scheduele 4 to the above it changes a whole lot of things, the 11 listed species were the spider that you could find in the hobby all those years ago when this proposed legislation was drafted.

And those are the species you will need a permit to keep, and all other spiders and scorpions are unrestricted.
Just got it back to front, you right it what you are saying but just other way around.

:deal

SCHEDULEEXEMPTED ALIEN SPECIES1.The following categories of alien species are exempted from the provisions of section 65 of the NationalEnvironmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (a)Dead specimens of any alien species;(b)Alien species that have been legally introduced into the Republic of South Africa prior to thecommencement of the Alien and Invasive Species Regulations, 2013 and that are not listed as aninvasive species in tens of section 70(1)(a) of the National Environmental Management:Biodiversity Act, 2004 (Act No. 10 of 2004), including species imported for agricultural purposes;(c)Alien species that are also indigenous species and are regulated in terms of the Threatened andProtectedSpeciesRegulations,2007,promulgatedundertheNationalEnvironmentalManagement Biodiversity Act, 2004 (Act No. 10 of 2004);(d)Alien plant species that are also indigenous species;(e)Alien species regulated in terms of the Conservation of Agricultural Resources Act, 1983 (Act No.43 of 1983), as weeds and invader plants.

www.tarantulaforum.com/index.php?threads/1755/

72No. 36683GOVERNMENT GAZETTE, 19 JULY 2013No. R. 50919 July 2013NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004PUBLICATION OF EXEMPTED ALIEN SPECIESI, Bomo Edith Edna Molewa, Minister for Water and Environmental Affairs, hereby under section 66(1) of theNational Environmental Management Biodiversity Act, 2004 (Act No. 10 of 2004), exempt the alien species listed inthe Schedule from the provisions of section 65 of the said Act.BOMO EDITH ED A MOLEWAMINISTER FOR WATER AND ENVIRONMENTAL AFFAIRS

www.tarantulaforum.com/index.php?threads/1755/

There is your loophole, the first I pasted was what he referred to in his letter which I pasted 2nd.

www.tarantulaforum.com/index.php?threads/1755/