WEDNESDAY,
02 SEPTEMBER 2009:The Minister of Water
and Environmental Affairs, Ms Buyelwa Sonjica
published draft CITES Regulations under
section 97(1)(b)(iv) of the National Environmental
Management: Biodiversity Act (NEMBA), 2004
(Act No. 10 of 2004), and the National Environmental
Laws Amendment Act, 2009 for public comment
on Friday 28 August 2009.
CITES (the Convention
on International Trade in Endangered Species
of Wild Fauna and Flora) is an international
agreement between governments. Its aim is
to ensure that international trade in specimens
of wild animals and plants does not threaten
their survival. Appendices I, II and III
to the Convention are lists of species afforded
different levels or types of protection
from over-exploitation. Visit www.cites.org.za
for more information
Although CITES is legally
binding, parties still need national legislation
for the implementation and enforcement of
the convention. .’Notwithstanding the implementation
of CITES by provincial authorities as informed
by their provincial nature conservation
ordinances, standardization through national
regulations is still necessary for effective
enforcement’ said Mr Albi Modise, Departmental
Spokesperson.
CITES works by subjecting
international trade in specimens of selected
species to certain controls. All import,
export, re-export of plants and animal species
listed on the Appendices as well as the
introduction from the sea, of species covered
by the Convention, has to be authorized
through a permit/licensing system. Each
Party to the Convention must designate one
or more Management Authorities in charge
of administering that permit/licensing system
and one or more Scientific Authorities to
advise on the effects of trade on the status
of the species.
The draft CITES regulations
will make it possible for the Minister of
Water and Environmental Affairs to issue
CITES permits and certificates for activities
undertaken by all organs of state, while
provincial MEC’s will be the provincial
management authorities issuing CITES permits
and certificates for all other institutions
and private individuals.
The national CITES Management
Authority will among others, have the following
duties: to communicate with the Secretariat
and other countries on scientific, administrative,
enforcement and other issues related to
implementation of the Convention; coordinate
national implementation and enforcement
of the Convention; consult with the Scientific
Authority on the issuance and acceptance
of CITES documents, the nature and level
of trade in CITES-listed species, the setting
and management of quotas, the registration
of traders and production operations, the
establishment of Rescue Centres and the
preparation of proposals to amend the CITES
Appendices ;to represent the Republic at
national and international meetings related
to CITES as well as to provide awareness-raising,
training, education and information related
to the Convention;
The specific duties
of the Provincial Management Authority include,
but are not limited to the following: consider
and grant permits and certificates in accordance
with the provisions of CITES and regulation
9, and to attach to any permit or certificate
any condition that it may deem necessary;
manage the utilisation of allocated CITES
quotas; mark, tag and register CITES specimens
in accordance with the Convention; coordinate
and submit reports for the registration
of individuals, institutions and facilities
in accordance with the Convention and optimise
participation of state departments and agencies
in the province in CITES related matters;
All persons wishing
to trade in specimens of any species listed
in Appendix I must be registered with the
Management Authority and all persons wishing
to produce captive bred animals and artificially
propagated plants for commercial trade purposes
of any species listed in Appendix I must
be registered with the Management Authority
and with the Secretariat in the case of
captive bred animals.
The National Management
Authority shall coordinate the enforcement
of these regulations which will be enforced
by an environmental management inspector.
Permit application fees will be applicable
to each CITES permit/certificate application.
Comments on these draft
Regulations are invited on or before 28
September 2009. All comments must be submitted
in writing to the Director-General of the
Department of Water and Environmental Affairs
for attention: Ms Sonja Meintjes at the
contact details below.
Any queries can be directed
to Mrs. Sonja Meintjes at: (012) 310-3545
or Smeintjes@deat.gov.za
To access the draft
regulations please click on the link below:
http://www.deat.gov.za
Albi Modise (Chief Director: Communications)
