To list or not to list? The legal debate around the listing of trout as an invasive alien species.

Abstract

The South African government has made numerous attempts to curtail the spread of Invasive Alien Species, such as rainbow and brown trout, through legislation such as the listing of Invasive Alien Species under National Environmental Management: Biodiversity Act (Act 10 of 2004). In the case of trout species, such attempts have been consistently resisted by stakeholders and this ongoing controversy around regulation of trout prompted the need for this dissertation. This dissertation aims to understand existing South African legislative framework surrounding invasive trout and to determine whether stakeholder’s resistance to the proposed regulation of trout is justified or not. Although extensive, South African legislation surrounding Invasive Alien Species has been criticised for its fragmented nature. It is evident, despite compelling reasons for trout stakeholders’ resistance to regulation of trout, that proposed regulation of invasive trout is necessary when potential threats, posed to biodiversity—rich South Africa, are considered. A key reason for stakeholders’ resistance to proposed regulation of trout was an ineffective Public Participation Process employed by authorities. South Africa could benefit, in future, by ensuring a transparent Public Participation Process is diligently followed.