31/05/2005: On 6 April
2005 Minister van Schalkwyk announced, during
his Budget Vote in Parliament, the appointment
of a Panel of Experts to advise and report
to him on both hunting in buffer zones and
the canned hunting of large predators.
The panel of experts consists of, amongst
others, conservation and environmental ethics
experts, chaired by Dr. Crispian Olver and
including Khungeka Njobe (CSIR), Tony Frost
(WWF), Nick King (Endangered Wildlife Trust),
Stewart Dorrington (SA Professional Hunters),
Marcelle Meredith (NSPCA), Dr Shibu Rampedi
(Limpopo), Prof. Koos Bothma (Centre for Wildlife
Management at the University of Pretoria),
Dr Holly Dublin (Chairperson of the Species
Survival Commission of the IUCN - representing
international conservation), Lambson Maluleke
(Community Representative), Mlamleli Pukwana
(FAWU), and a legal advisor.
After a first meeting of the Panel of Experts,
it became clear that these two issues are
part of a broader problem relating to the
absence of a uniform regulatory system across
the country as a whole, and the lack of overall
national norms and standards for hunting in
South Africa . The Minister therefore has
decided to broaden the terms of reference
of the expert panel.
The Panel of Experts will meet again in the
coming week, and as part of their examination
of the issues, will initiate series of public
consultations with specific categories of
interested stakeholders. All interested parties
will be given the opportunity to make submissions
to the panel.
Attached hereto are the revised Terms of
Reference:
TERMS OF REFERENCE:
PANEL OF EXPERTS ON RECREATIONAL AND PROFESSIONAL
HUNTING
1. Introduction
The Minister of Environmental Affairs and
Tourism, Mr Marthinus van Schalkwyk has appointed
a Panel of Experts to develop norms and standards
for the regulation of recreational and professional
hunting in South Africa . Recent incidents
and media reports concerning canned hunting
of large predators and trophy hunting in buffer
zones adjacent to National Parks, particularly
where fences have been dropped, have raised
serious concerns regarding practices within
the hunting industry and profession. These
incidents have also highlighted a broader
problem regarding the lack of an overall framework
for regulating the hunting industry at a national
level.The Minister has consequently decided
to broaden the terms of reference of the Panel
of Experts, and to request them to investigate
the overall norms and standards required at
a national level to ensure a sustainable hunting
industry.
2. Background
The hunting industry in South Africa has
been in existence for a number of centuries,
and has its roots in both traditional hunting
practices on communal land, and in the practices
of early colonial pioneers and safari expeditions.
As such the nature of the industry and the
way that it has evolved is closely entwined
with South Africa 's own history and struggles
around land ownership and conservation issues.
The industry is a significant revenue generator
for private game farms and for those communities
that have access to and control over conservation
areas. However,trophy or commercial hunting
is not permitted in national or provincial
parks (it is permitted in some Provincial
reserves/parks e.g. North West , Limpopo and
Eastern Cape ). This raises contradictions
with respect to animals crossing over into
buffer zones alongside parks. For historical
and practical reasons the industry has evolved
without many regulatory controls, although
provinces do have in place systems of monitoring
and permitting which provide a measure of
regulation. However, the overall situation
has given rise to a number of prominent incidents
and raised matters for public concern.This
raises contradictions with respect to animals
crossing over into buffer zones alongside
parks. For historical and practical reasons
the industry has evolved without many regulatory
controls, although provinces do have in place
systems of monitoring and permitting which
provide a measure of regulation. However,
the overall situation has given rise to a
number of prominent incidents and raised matters
for public concern.This raises contradictions
with respect to animals crossing over into
buffer zones alongside parks. For historical
and practical reasons the industry has evolved
without many regulatory controls, although
provinces do have in place systems of monitoring
and permitting which provide a measure of
regulation. However, the overall situation
has given rise to a number of prominent incidents
and raised matters for public concern.the
overall situation has given rise to a number
of prominent incidents and raised matters
for public concern.the overall situation has
given rise to a number of prominent incidents
and raised matters for public concern.
Over the last few years a number of incidents
have occurred in relation to the problem of
“canned” hunting of large predators. Although
no comprehensive survey of the problem has
been undertaken, it appears that the practice
is widespread, and that the legislation regarding
this matter is inconsistent and poorly applied.
In February 2005 draft Norms and Standards
for the sustainable use of large predators
were gazetted for public comment by the Department
of Environmental Affairs and Tourism. After
reviewing the public comments and a draft
provincial survey on the scope of lion breeding,
holding facilities and canned hunting, it
appears that the extent of the phenomena is
significant,and that the scientific basis
for the regulations needs to be tightened.
Many concerns have been raised regarding monitoring,
enforcement and compliance aspects, including
the ability of some provinces to successfully
implement these standards. It is possible
that a partial or full moratorium on any hunting
of large predators may be required, and a
complete ban on captive breeding of large
predators is not excluded from the range of
possible policy options.It is possible that
a partial or full moratorium on any hunting
of large predators may be required, and a
complete ban on captive breeding of large
predators is not excluded from the range of
possible policy options.It is possible that
a partial or full moratorium on any hunting
of large predators may be required, and a
complete ban on captive breeding of large
predators is not excluded from the range of
possible policy options.
More recently concerns have been raised regarding
trophy hunting and the movement of animals
between Timbavati and Kruger National Park
, and the inconsistencies of standards regarding
hunting in these areas. It is clear that there
is a lack of a consistent policy approach
to the issue of sustainable hunting in buffer
zones around parks and inside parks. The issue
of trophy hunting in buffer areas has also
raised issues regarding existing agreements
and management arrangements between reserves,
as well as the impact of trophy hunting on
species and biodiversity management, and gaps
in the existing permitting and monitoring
arrangements.These clearly need to be balanced
against the economic contribution of trophy
hunting to tourism and foreign exchange earnings,
and the needs of local communities.
The above instances have at the same time
highlighted a broader set of issues regarding
hunting and its regulation as an industry.
There is a general lack of consistent scientific
information regarding the scale and nature
of the industry, and poor monitoring of the
practices within the industry. Because of
the controversy at times associated with the
industry, it has tended to remain in the background
and not attracted national regulatory attention.
The hunting industry in South Africa is regulated
according to provincial ordinances which are
in many cases outdated and not in line with
current international best practices.It seems
as if the central overarching problem with
hunting in South Africa is that there is no
coherent and comprehensive oversight of the
hunting industry in South Africa , and a lack
of clear national norms and standards for
sustainable hunting.
On the issue of hunting, the Minister is
not, in principle, opposed to regulated, responsible
and sustainable hunting, but believes that
a framework is needed to bring greater clarity
to the hunting industry. Issues that need
to be addressed in such a framework include
a definition of sustainable hunting, regulatory
measures and the delegation of permitting
arrangements, joint management and scientific
monitoring arrangements agreed to between
government, national and provincial park authorities
and private land owners, and monitoring of
the allocation of any revenues generated through
such hunting towards conservation.
3. Scope of the Panel
The Terms of Reference of the Panel of Experts
is to investigate, evaluate and report on
the practice of hunting in South Africa ,
and to make proposals to the Minister regarding
the overall approach to regulating the practice.
This should lay the basis for the development
of a coherent set of norms and standards that
can be used to guide the regulation of the
hunting industry.
The Panel of Experts must conduct a broad
review of the hunting industry in South Africa
. The review will include analyzing the extent
and economic importance of the industry, the
nature of practices within the industry, the
impact of the industry on biodiversity management,
and social issues including the relationship
between communities and the industry and the
process of empowerment.
While the recent controversies have raised
problems with respect to trophy hunting in
areas adjacent to national and provincial
protected areas and transboundary conservation
areas, and problems with respect to private
game reserves, similar issues relating to
the regulation of the industry are to be found
in communal land areas, other forms of protected
areas, and state land - in short, all land
use areas within South Africa. The Panel is
therefore required to consider the practice
of hunting in all areas of the Republic of
South Africa .
Recent issues have also focused on the practice
of captive breeding of large predators for
the purpose of canned hunting, and the practice
of trophy hunting in buffer areas adjoining
national parks. However captive breeding of
other animals for hunting also takes place
and the practice of trophy hunting raises
a number of other dilemmas from a regulatory
perspective. There are equally serious issues
with other types of professional hunting,
as well as biltong/recreational hunting, green
hunting and bow hunting. The Panel is therefore
required to consider the practice of recreational
and professional hunting as a whole,including
the broader principles of sustainable use
as they apply to recreational and professional
hunting, and to define the practice of sustainable
hunting within those principles.
To date it is mainly the indigenous large
herbivores and predators which have attracted
public concern. However many smaller species,
some of which have a more endangered status,
are also hunted, and these should be included
in any review of the situation. It must also
be noted that certain alien species are also
being imported and bred for hunting purposes,
and these practices are attracting increasing
international attention. It is therefore appropriate
that the Panel considers both indigenous and
alien species and the practice of hunting
as it relates to all faunal species subject
to hunting.
On the basis of research and public input,
the Panel is required to formulate specific
proposals for the regulation of the hunting
industry at a national level in South Africa
, in order to ensure a well-regulated, ethical
hunting industry in South Africa . The Panel
is not required to develop a detailed system
for regulating the hunting industry. The functions
of government in relation to the environment
and nature conservation are shared concurrently
between national and provincial spheres of
government. A detailed regulatory system would
need to be developed in collaboration with
the provinces, and functions allocated between
the spheres on an objective and Constitutional
basis. However,the national government does
have the Constitutional power to set norms
and standards for the industry and its regulation.
These must be set in terms of legislation,
and are binding on all spheres of government
and the country as a whole. The recommendations
of the Panel to the Minister must therefore
focus on this particular aspect of national
government's competency, although it is recognized
that such norms and standards will lay the
basis for a more comprehensive regulatory
system.and are binding on all spheres of government
and the country as a whole. The recommendations
of the Panel to the Minister must therefore
focus on this particular aspect of national
government's competency, although it is recognized
that such norms and standards will lay the
basis for a more comprehensive regulatory
system.and are binding on all spheres of government
and the country as a whole. The recommendations
of the Panel to the Minister must therefore
focus on this particular aspect of national
government's competency, although it is recognized
that such norms and standards will lay the
basis for a more comprehensive regulatory
system.
4. Roles and responsibilities of the Panel
The Panel is established as an advisory body
to the Minister, and is requested to provide
to the Minister their best available advice
and opinions on the subject before them. As
such the following approach should guide the
work of the panel and the conduct of its members:
Each panel member is to serve in his or her
personal capacity and cannot be represented
by alternates.
The Panel's role is advisory and will be facilitated
by the Chair, appointed by the Minister.
The Panel will provide expert opinion based
on best available knowledge and individual
opinion related to the objectives above.
The Panel must ensure a sound public consultation
process in order that a diversity of stakeholder
views are considered.
All matters discussed and opinions evaluated
should be treated with the utmost confidentiality.
The Panel members will not disclose any information
to the public or media until the work of the
Panel of Experts is complete.
The Panel must seek consensus on the matters
before it and present to the Minister a report
that has the support of all Panel members.
In order to achieve these Panel members will
need to show a measure of flexibility and
understanding for differences of views between
Panel members.
The main tasks of the Panel are to:
1. Advice and make recommendations to the
Minister on how best to regulate, monitor
and ensure compliance within the hunting industry
in South Africa.
2. Develop draft national norms and standards
for the hunting industry, including the practices
of ‘canned' hunting and trophy hunting in
buffer zones.
3. Make recommendations on how the oversight
functions between national and provincial
governments should be implemented and managed
in accordance with the principles of co-operative
government in the Constitution.
4. Identify key research questions and manage
the commissioning of background research.
5. Study and review all public submissions
and comments.
6. Prepare a final report of the Panel's
findings to the Minister.
The key outputs of the Panel will be a set
of draft national norms and standards, background
research reports on the state of and practices
within the hunting industry, a report on the
public participation process and submissions,
and a report on the Panel's views and recommendations.
5. Duration of work
The panel's will commence in May 2005 and
be completed by end October 2005. It is envisaged
that there will be four or five meetings of
the Panel of Experts, noting that the first
introductory meeting was held on the 5th of
May 2005 .
6. Administration and secretariat
All administrative, financial and logistical
matters related to the Panel's work will be
managed by a dedicated Secretariat provided
by the Department of Environmental Affairs
and Tourism. The Department will procure the
services of appropriate researchers to assist
the Panel in its work. The secretariat will
provide the Panel with the necessary documents,
including:
Copies of the Draft Norms and Standards for
Large Predators
Appropriate national and provincial legislation,
including regulations
Relevant studies commissioned by the Department
or other agencies.
Annexure 1: Key research issues to be addressed
by the Panel
1. Industry analysis
The size, structure and management of, and
ownership patterns in, the hunting industry
as a whole.
The socio-economic benefits derived from the
hunting industry.
The purposes and types of hunting (recreational,
bow hunting, etc) practiced and promoted by
the industry.
The extent of hunting in protected areas (including
contractual parks and buffer zones).
Types of species (indigenous and alien) commonly
hunted within the industry.
2. Policy and legislative framework
The status of the current policy and legislative
framework applicable to the hunting industry,
including management and administration of
the industry.
The extent to which measures of regulation,
oversight and control could be improved (e.g.
outdated provincial ordinances).
Any aspects of the hunting industry requiring
specific regulation.
3. Conservation status
The value of the hunting industry in contributing
to conservation, specifically in the revival
and conservation of specific species of wildlife.
The role of the captive breeding industry
in supporting both the conservation of species
and supply of wildlife for hunting.
4. Best practice:
The extent to which international and regional
best practice can be used to guide and inform
regulation and ensure compliance with higher
ethical standards in the hunting industry.
5. Institutional and enforcement mechanisms
The key institutional and enforcement mechanisms
to ensure compliance with national norms and
standards for the hunting industry.
