“One of the biggest obstacles
to more effective conservation in South Africa
has been the fact that we did not have a national
system to regulate the management and sustainable
use of protected species. This was one of the
reasons we passed the Biodiversity Act in 1994
- to empower authorities, at all levels, to better
protect our natural heritage. Today we will use
this legislation to address the need for better
regulation of listed species.” This was how Marthinus
van Schalkwyk, Minister of Environmental Affairs
and Tourism, on Tuesday introduced two new draft
legal instruments related to the breeding, trade,
transport, and hunting of threatened and protected
species in South Africa.
Speaking at the De Wildt Cheetah and Wildlife
Centre in Brits in the North West Province, the
Minister unveiled draft Threatened and Protected
Species Regulations and the much-anticipated draft
National Norms and Standards for the Regulation
of the Hunting Industry. These will be formally
published on 5 May in the Government Gazette for
public comment over the next six weeks. They are
also available to be downloaded on the Department’s
website at www.environment.gov.za
“The greatest value of both
these documents,” said the Minister, “Is that
they will establish, for the first time, uniform
national systems that will apply the same standards
across the country. The management of threatened
and protected species, both plants and animals,
is currently regulated in terms of provincial
ordinances, whose application has tended to be
inconsistent. These new regulations and the Norms
and Standards for hunting, will ensure that we
clear up the current confusion and close the loopholes
that have allowed environmental thugs to get away
with immoral activities like canned hunting, illegal
trade, and unethical breeding. No longer will
‘province hopping’ allow them to escape the law.
No longer will there be any excuses for their
abuse of our natural heritage.”
Turning to the draft Regulations
the Minister said: “We are issuing lists of nationally
threatened and protected species, and establishing
a permit system – to be implemented by all provinces
- for the breeding, hunting, trade and transport
of listed species. The draft regulations effectively
ban so-called ‘intensive breeding’ of listed large
predators, like Cheetahs, Lions, Leopards and
Wild Dogs, for any purposes of hunting or sale
for hunting – and provide for the formal registration
of all captive breeding facilities, nurseries,
scientific institutions, sanctuaries, and rehabilitation
facilities. Existing operations will have three
months from the commencement of the regulations
to apply for registration.”
“In effect,” said the Minister,
“The days of captive breeding of listed species
for any purposes except science and conservation,
are over. Any person who contravenes these regulations,
or who falsifies their applications, will be liable
for a fine and imprisonment of up to five years
– penalties that our Environmental Management
Inspectors (the “Green Scorpions”) will be instructed
to apply with vigour. It will also be forbidden
to hunt any listed large predator kept in captivity
which has not been rehabilitated in an extensive
wildlife system and been fending for itself in
the wild for at least two years.”
Speaking about other provisions
of the draft Regulations the Minister added: “We
are also establishing a Scientific Authority representing
our Department, the provincial authorities, SANParks,
SANBI, our natural history museums and the National
Zoological Gardens, to assist in regulating and
restricting trade in specimens of protected species.
The regulations also give effect to a number of
our responsibilities in terms of CITES (the international
agreement on trade in endangered species).”
Speaking about the draft Norms
and Standards for Hunting the Minister said: “We
have considered all of the recommendations made
by our Panel of Experts last year. We aim to permanently
eliminate those aspects of utilisation that, in
recent years, have cast a shadow on our phenomenal
conservation successes, and left a stain on our
reputation as world leaders in protecting and
promoting biodiversity. Hunting will now be permitted
only by humane methods, in accordance with strict
fair chase principles, by hunters registered with
recognised hunting bodies, and in terms of carefully
monitored and reviewed off-take limits at both
national and provincial level. There will be no
hunting on private land that borders national
or provincial protected areas where fences have
been dropped, unless this is formally agreed to,
by the landowner and the management authority
– and then personally approved by the MEC or the
Minister. Our SA National Biodiversity Institute
(SANBI) will also keep and maintain a National
Hunting Register, detailing how many animals have
been hunted, for what purpose, where, and by what
method. In this way the monitoring and reporting
on issues relating to the management of protected
species will be much improved.”
“Issues of breeding, trade,
and hunting of protected and endangered species
remain amongst the most important and sensitive
considerations in any national conservation and
biodiversity strategy,” said the Minister. “We
believe that these two draft documents take South
African conservation to new heights and that they
establish a system to provide much-needed clarity
and direction. We urge all interested South Africans
to examine the drafts and to make their voices
heard in this consultation process. Above all
however, we undertake to strengthen our compliance
and enforcement capacity – in cooperation with
responsible partners in conservation.”
