Does anyone have any clarification on what is and is not allowed with the Brazilian killifish species on their red list. Other non-killis such as Hyphessobrycon flammeus are regularly available in the US and also listed on the Red List. Is it only the import of these species that is banned? Is it the sale or distribution that is also banned? How about the keeping on species that were obtained prior to any ban?

If keeping and distributing of these species is banned in the US, why is it that other Brazilian red listed fish (non-killis) are offered for sale?

Thanks in advance!

Hi Tyrone,

Thank you for the detailed response!!! The issue has been nagging me for quite some time, and seeing "banned" killifish listed publicly is exactly what has gotten me questioning whether the AKA might have gotten it wrong.

I guess the "no legal exports of Brazilian killifish ever" presents a hurdle, but I find that hard to believe. Looking back at old aquarium literature prior to these lists of threatened species, many aquarium exports were neither banned nor allowed. These were just not regulated. It would be interesting to speak with people who imported/exported from Brazil in the 80's and 90's.

And what of the species that were added later? I looked back at the 2004 list and of course it does not include Hyspolebias carlettoi. Sure, it might not have been described at the time the list was written, but does that mean an export of it would have been banned?

My hope would be that the trade of those species which have existed in the hobby since prior to 2004 (which is the earliest date I can find for a red list of fish from Brazil) would still be allowed. Perhaps that is what these retailers know already and why they are now listing them....

I too plan to ask questions of the person from USFW at the convention. It would be a shame if a crackdown of illegal exports of killifish lead to them disappearing from the US hobby entirely.

I have been told by John Chapek that he was told by USFW that we can keep and breed Brazil SAAs but they can't cross state lines.

Tyrone,

Did you ever get a response from USFWS? It'd be interesting to hear what they say about it.

One of the problems with USFWS you may run into is that each Agent or Inspector you talk to may have their own interpretation/understanding of laws, rules, regulations and even definitions. It can be difficult to get a straight answer out of these folks at times.

The USFWS Inspector I talked to this morning said that, based on his own interpretation of interchanges he's had with Brazilian government officials and his own understanding of their laws it's illegal for anyone in THIS country to own any fish whose species originally comes from Brazil. He got a little upset when I reminded him he was a United States law enforcement agent, not a Brazilian one and that he should concentrate on enforcing our own laws, not those of other nations.

More to come on this I'm sure.

I asked F&W for clarification and this is what I got:


Dear Greg,

Thank you for contacting the U.S. Fish & Wildlife Service (FWS), Office of Law Enforcement (OLE).

Your inquiry may have not received a response.  If so, I apologize for the late or duplicate response.

To our current knowledge nearly all killifish species endemic to Brazil are protected under Brazil's list of endangered species law and are prohibited in trade. Without knowing the species, we can't say with absolution that the killifish were not legally acquired. Therefore, any such species that can be confirmed by Brazil to never have been allowed in trade, or legally exported from Brazil for commercial purposes would be considered an unlawful import and a violation of the U.S. Lacey Act, no matter the source or what country it is exported from.

Even if the killifish were inspected and cleared by FWS, it does not certify legality under U.S. law Per 50 CFR 14.52(a)  which states (a) Except as otherwise provided by this subpart, a Service officer must clear all wildlife imported into the United States prior to release from detention by Customs officers. A Service officer must clear all wildlife to be exported from the United States prior to the physical loading of the merchandise on a vehicle or aircraft, or the containerization or palletizing of such merchandise for export, unless a Service officer expressly authorizes otherwise. Such clearance does not constitute a certification of the legality of an importation or exportation under the laws or regulations of the United States.

If you have additional information please let us know or the details can be submitted to the tip line, https://www.fws.gov/wildlife-crime-tips

Kindest Regards,

Wildlife Inspector Katrina Beihl


So, they're still banned, you still can't keep them, and it doesn't matter if they somehow got imported commercially and passed inspection. It doesn't matter whether or not you cross state lines. Still illegal. Don't bring any to the Convention.