National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Regulations

Threatened or Protected Marine Species Regulations, 2017

Provisions Relating to Listed Threatened or Protected Marine Species

Chapter 2 : Permit System for Listed Threatened or Protected Marine Species

Part 4 : Issuing of permits

24. Compulsory conditions applicable to captive breeding facilities, rehabilitation facilities, temporary holding facilities and exhibition facilities

Purchase

(1)	In addition to the conditions contemplated in regulation 23(1) and (2), a permit in respect of a captive breeding facility, rehabilitation facility, temporary holding facility or an exhibition facility must be issued subject to a condition that the permit-holder must—

(a)	prevent hybridisation and inbreeding;

(b)	participate in any national or regional studbook approved by the department, including the—

(i)	marking of specimens; and

(ii)	collection of DNA samples for genotyping to determine the parental lineation;

(c)	keep a stock book, in the case where a studbook for the species to which the permit relates, is not available;

(d)	provide information contemplated in paragraphs (a), (b) and (c) in writing to the issuing authority prior to the expiry of the ordinary permit or standing permit;

(e)	make the information contemplated in paragraph (d) available upon request to the issuing authority; and

(f)	in the case of a captive breeding facility or exhibition facility that no specimens of the following listed threatened or protected marine species originating from wild populations may be introduced in an exhibition facility or captive breeding facility—

(i)

dolphins;

(ii)

whales;

(iii)

seals;

(iv)	sea birds;

(v)

saw fish;

(vi)	coelacanth; and

(vii)

white sharks, basking sharks and whale sharks.

(2)	Notwithstanding subregulation (1)(a), inbreeding may be permitted in a captive breeding facility for conservation purposes, only in accordance with a conservation strategy approved by the issuing authority, provided that—

(a)	a studbook contemplated in subregulation (1)(b) is kept; and

(b)	a stock book contemplated in subregulation (1)(c) is kept.

(3)

A permit issued in respect of a rehabilitation facility must be subject to a condition that a specimen of a listed threatened or protected marine species, to the extent possible, may not be kept for a period that exceeds the period that is reasonably required for the rehabilitation of such specimen.

(4)	If a specimen of a listed threatened or protected marine species contemplated in subregulation (3) would be incapable of becoming self-sustainable upon release from the rehabilitation facility, such specimen must be transferred to a registered sanctuary or must be euthanised.

(5)	The stock book contemplated in subregulation (1)(c) must contain the following information—

(a)	quantities and sex of specimens acquired, whether such specimens were born in the facility, purchased, received as a donation or a new loan, or a loan returned;

(b)	quantities and sex of specimens kept;

(c)	quantities and sex of specimens disposed of, whether such specimens died, were sold, or given as a donation or a loan.

(6)	The issuing authority may determine the conditions relating to the fate of a specimen of a listed threatened or protected marine species where the rehabilitation of such specimen is not possible.