04 APRIL 2012 - Today
as I stand before you, it is with immense
dismay that I announce that the toll of
rhinos poached in South Africa for 2012
has reached the alarming figure of 159,
in the midst of the increased anti-poaching
effort.
The Kruger National
Park continues to bear the brunt of these
losses, with the rhinos poached in the park
having reached a staggering total of 95.
This is no longer an environmental management
problem ONLY, but it has become a matter
in which we have involved all law enforcement
agencies. Operation Rhino continues and
remains a standing agenda item of the National
Joints Committee (Nat Joints Com), which
comprises of senior members of SAPS Organised
Crime Unit, The Hawks, NPA and the South
African National Defence Force.
The arrests of suspected
poachers made in 2012 have reached 90 which
is a milestone. The continued arrests of
rhino poaching suspects is reflective of
the coordinated enforcement efforts across
government aimed at addressing the scourge
of rhino poaching. The government does not
condone the current spate of illegal rhino
killings but continues to vigorously fight
this scourge by implementing the interventions
that we highlighted last year. We also continue
to look at new initiatives that can assist
us in the fight against rhino poaching.
It is at this Park that
the first group of 75 of the 150 new rangers
are currently undergoing a 6 week intense
paramilitary training course. The 150 rangers
are to be deployed in the Kruger National
Park. They have completed their competency
tests, all security checks as well as medical
assessments.
Last week the Department
announced that I held discussions with my
counterparts, the Public Works and Defence
Ministers, in Kruger and considered the
fence in the eastern boundary. In the end
it was concluded that the fence will be
too expensive and difficult to maintain.
Instead we are now looking at a buffer zone
between Kruger and the private reserves/farms
in Mozambique - same as on the north-eastern
boundary of Kruger where there is a Transfrontier
Conservation Area (TFCA) arrangement. The
same was discussed with the Mozambique authorities
and our respective teams are busy with planning
already.
We have recently approached
the Vietnamese Ministry of Agriculture and
Rural Development and asked if they could
conduct inspections and verify that the
white rhinoceros trophies exported from
South Africa to Vietnam are still in the
possession of the hunters. This follows
an investigation by the National Wildlife
Crime Reaction Unit (NWCRU).
We are consulting at
the diplomatic level and the outcome of
this process will allow us to refuse all
applications for white rhinoceros hunting
by foreign hunters whose state of usual
residence is Vietnam.
On 7 March 2012 an urgent
application was launched against the Limpopo
MEC: Economic Development, Environment and
Tourism and the Minister of Water and Environmental
Affairs by Mr. Jan Walters Slippers t/a
Ingogo Safari's in the North Gauteng High
Court. The application was launched as a
result of the Department advising provinces
not to issue hunting permits to Vietnamese
citizens due to various concerns regarding
illegal hunting practices.
The applicant in this
matter had applied for hunting permits for
5 Vietnamese citizens. The permits were
authorised but subsequently not issued due
to the advice from the National Office of
the Department of Environmental Affairs
mentioned above. He then brought the application
in order to compel the MEC to issue the
said permits.
The application was
heard on 8 March 2012, and judgment was
reserved until 9 March 2012. On the said
date the court ordered the MEC to issue
the permits, subject to the condition that
the Vietnamese hunters submit themselves
for interviews with designated Departmental
officials for the purposes of verifying
their personal details, backgrounds, financial
ability and related information. The court
afforded the Departments an opportunity
to once more place the matter before it
should the interviews reveal legitimate
concerns.
The two departments
made the necessary arrangements for the
hunters to attend the said interviews, but
were informed on the day of these interviews
that the hunters were not yet in the country.
It was there-after ascertained by the Departments
that there were certain legitimate concerns.
Based upon these concerns, the matter was
once more placed before the court, which
on 22 March 2012 ordered that the permits
need not be issued. A cost order was made
against the applicant. The full judgment
was delivered on 26 March 2012.
The rhino horn stockpile
is an area that continues to generate interest.
I do want to reiterate that an inventory
of the rhino horn stockpile in the possession
of conservation agencies in South Africa
has been completed but due to security risks
the Department cannot publicly announce
the amount of stocks being held by these
agencies.
On the issue of stockpiles,
I want to use this opportunity to urge private
landowners to register their rhino horn
stockpiles with their respective provincial
conservation authorities. In terms of the
National Environmental Management: Biodiversity
Act, 2004 it is a legal requirement that
a permit is obtained to possess rhino horn.
The rhino horn should also be included in
a register and be micro-chipped. The public
can contact the Department’s call centre
on 086 111 2468 for further information
on this matter.
There has been a lot
of interest on the issue of South Africa
approaching CITES COP16 with a proposal
to trade in rhino horn internationally.
At this point, we are not in a position
to pronounce on the matter as the internal
preparatory processes are not yet finalized.
I can however inform you that the process
to prepare for the 16th Conference of Parties
has been initiated and interested and affected
Parties were invited to register to participate
in this process. Registration closed on
30 March 2012 and we will consider the draft
proposals received. Proposals must be submitted
to COP16 by 04 October 2012.
Before South Africa
can approach CITES there are certain issues
that need to be addressed. These include
but are not limited to the following:
• All rhino horn in
private and government possession must be
permitted, marked, registered and verified
• Strategic engagements with regional and
international partners
• Trading partners must be identified and
confirmed
• Legislation of trading partners must be
amended to enable them to legally import
and sell rhino horn (no legal trade permitted
currently in consumer states)
• Development of a proposed system for trade,
including appropriate legislative provisions
in South Africa and potential recipient
countries (Similar to ivory trade process,
where Japan and China had to provide for
legislative systems to ensure control mechanisms
are in place relating to ivory)
• Cabinet approval needed before submission
of a proposal to the Conference of Parties
to the Convention on International Trade
in Endangered Species of Wild Fauna and
Flora (CITES) to amend the annotation to
the CITES listing of the South African population
of White rhino. Currently the annotation
is for the exclusive purpose of allowing
international trade in live animals to appropriate
and acceptable destinations and hunting
trophies. All other specimens are deemed
to be specimens of species included in Appendix
I and the trade in them shall be regulated
accordingly (no trade for commercial purposes
allowed).
• If the process is similar to the African
elephant down listing and ivory sale proposals,
a Panel of Experts (PoE) will be constituted
with a ToR that could include the following:
a) Evaluate the status
and management of the rhino population,
including:
i) the viability and
sustainability of the population, and potential
risks
ii) the affected range
State's demonstrated ability to monitor
the subject population and
iii) the effectiveness
of current anti-poaching measures;
b) Evaluate the affected
range State's ability to control trade rhino
horn, including:
i) whether total levels
of off take from both legal and illegal
killing are sustainable
ii) whether control
of rhino horn stocks is adequate to prevent
the mixing of legal and illegal rhino horn;
iii) whether law enforcement
is effective; and
iv) whether enforcement
and controls are sufficient to ensure that
no significant amounts of rhino horn taken
or traded illegally from other countries
are traded within or through the territory
of the affected range State; and
c) where appropriate:
i) the trade in parts
and derivatives from the White rhino other
than the horn and the controls on such trade
in the proponent State; and
ii) the controls on
rhino horn trade in specified importing
countries.
• Based on the report
by the PoE, the Conference of Parties will
consider the proposal. Two-thirds majority
must be obtained for a proposal to be approved.
The Department announced
last week that I would engage my provincial
counterparts on 30 March 2012 at MINMEC
to approve for publication the amendments
to the norms and standards for marking rhino
horn and hunting white rhino for trophy
hunting that we had drafted. The amendments
were published on 30 September 2011 for
public comments. I am pleased to announce
that the amendments have been approved by
MINMEC and will come into effect as soon
as it is published in the government gazette.
With regards to the
comments received during the comments period,
the majority of comments related to but
were not restricted to; measures to follow
the movement of rhino horns being strengthened
to prevent them from entering the international
trade market; samples for DNA analysis should
also be taken of the live animal when translocated
and not only of the horn; confirmation of
the bona fide status of the hunting client
as well as a provision that horns, which
form part of a hunting trophy , must be
mounted in South Africa prior to the export
of the horns.
To address the comments
received, additional obligations and provisions
have been included in the final draft norms
and standards after the consultation process.
Some of the provisions include all detached
horns have to be marked by means of a micro-chip,
as well as an external mark with a unique
number. Additional information that is required
from a hunting client in support of the
application for a hunting permit; among
others include proof of membership of a
hunting association, or proof of previous
hunting experience.
Some of the key amendments
in the norms and standards include, the
marking of all live rhinos sold and transported
after commencement of the norms and standards
that have not been micro-chipped will now
have to be micro-chipped. The management
of hunting of rhinoceros has been strengthened
through among others, clarification that
a person may only hunt and export one rhino
for trophy purposes within a twelve month
period; rhino hunts must take place under
the supervision of a conservation official
preferably an environmental management inspector
from the province concerned.
In addition, when considering
an application, the issuing authority has
to consider whether the country of usual
residence of the hunting client, where the
horns and hunting trophy will be imported
to, has adequate legislation to ensure that
the horns and hunting trophy will be used
for the purposes as indicated in the CITES
export permit. DNA sampling is a new section
contained in the norms and standards.
This section states
that DNA samples of rhino horns must be
collected when live rhinos are darted for
translocation, treatment and any other management
purposes. DNA samples have to be collected
from detached horns obtained through amongst
others natural mortalities, dehorning, or
rhino horn trophies, when such horns have
to be micro-chipped. The results of these
DNA samples aim to assist enforcement officials
to achieve successful prosecutions during
criminal proceedings.
The new norms and standards
will strengthen the regulatory framework
in terms of monitoring the legality of hunts
and control over rhino horns. Stricter provisions
relating to hunting were required to ensure
processes are standardized and to reduce
possible abuse of the system. The provinces
have indicated that they will be able to
implement the norms and standards.
We are continuing to
do research work to find more innovative
mechanisms to curb rhino poaching. We once
again make a call to members of the public
to continue with all efforts they have mounted
and call for more innovations and involvement
of the South African society.
+ More
THE MINISTER OF WATER
AND ENVIRONMENTAL AFFAIRS GAZETTES THE NORMS
AND STANDARDS FOR THE MARKING OF RHINOCEROS
AND RHINOCEROS HORN, AND FOR THE HUNTING
OF RHINOCEROS FOR TROPHY HUNTING PURPOSES
The Minister of Water
and Environmental Affairs, Ms Edna Molewa
published under the National Environmental
Management: Biodiversity Act, 2004 (Act
No. 10 of 2004) the norms and standards
for the marking of rhinoceros horn, and
for the hunting of rhinoceros for trophy
hunting purposes in Gazette No. 35248 of
10 April 2012 for immediate implementation.
The proposed norms and
standards for the marking of rhinoceros
horn and the hunting of white rhino for
trophy hunting purposes were published for
public comment on 30 September 2011 in Gazette
No. 34650. Comments received included amongst
others, recommendations to take samples
for DNA analysis of the live animal when
translocated and not only of the horn, confirming
the bona fide status of the hunting client
and specifications for the micro-chips used
for marking. To address these and other
comments, additional provisions have been
included in the final norms and standards.
Minister Molewa is retracting the previous
norms and standards in terms of Notice 756
in Gazette No. 32426 of 20 July 2009.
“The gazetting of the
new norms and standards is another significant
step that the department is taking in the
fight against rhino poaching. We once again
make a call to members of the public to
also help us in the fight against rhino
poaching. We are specifically calling on
you to bring any rhino poaching information
to our urgent attention,” said Minister
Molewa.
According to the new
norms and standards, all live rhinos sold
and transported after the commencement of
these norms and standards that have not
been micro-chipped before, or where the
micro-chip is no longer detectable must
be micro-chipped on the left shoulder of
the rhino and on each of its horns. All
rhino horns, whether acquired by a legal
dehorning procedure, natural mortality or
where the rhino has lost its horn in a natural
manner must be micro-chipped within five
days of acquiring the horn.
In addition to micro-chips,
if the horn or part of it is more than 5cm
in length, the issuing authority will mark
the horn with indelible ink or by means
of punch dye, using the formula: ZA/serial
number/year/weight. This information will
be kept and updated in a national database.
The owner of the horn is responsible for
the costs incurred by the issuing authority
to purchase the micro-chips.
With regard to the collection
of samples for DNA profiling, the norms
and standards state that when live rhinoceros
are darted for translocation, treatment
or any other management purpose, samples
of the horns and blood must be collected
by using the DNA kits provided by the Veterinary
Genetics Laboratory.
Samples may only be
collected by either a registered veterinarian
responsible for the darting of live rhinoceros,
an official from the issuing authority trained
in the collection of samples or the official
or environmental management inspector who
attended the hunt and is trained in the
collection of samples. As soon as possible
after it has been collected, the samples
must be sent to the Veterinary Genetics
Laboratory of the Faculty of Science of
the University of Pretoria at Onderstepoort
for analysis for the purpose of DNA profiling.
The norms and standards
further state that, with regard to the hunting
of rhinoceros in addition to the application
for a hunting permit, applicants must submit
proof of membership to a hunting association
recognised by the government of the country
of residence of the applicant, a curriculum
vitae which indicates the applicants’ hunting
experience, proof of previous experience
in the hunting of any African species and
a copy of the applicant’s passport. Legislation
further stipulates that a hunting client
may hunt only one white rhinoceros for trophy
purposes within a twelve month period.
Furthermore, rhinoceros
hunts must take place in the presence of
an environmental management inspector or
an official of the issuing authority who
is authorised to conduct compliance inspections.
The horns, together
with the rest of the trophy, must be transported
by a duly authorised person from the address
where the hunt took place directly to the
taxidermy or similar facility to be processed
and prepared for exportation.
Upon receipt of the
rhino horns, the taxidermist or owner of
a similar facility must report to the Department
of Environmental Affairs the date of receipt
of the rhino horns, weight of the horns,
micro-chip numbers, the numbers of the hunting
and transporting permits and the professional
hunting register.
The provisions of these
norms and standards apply to all live rhinos
and all individually detached horns whether
in private or state possession and apply
regardless of whether the hunt takes place
on private or state land.
“The new norms and standards
will strengthen the regulatory framework
in terms of monitoring the legality of hunts
and control over rhino horns. Stricter provisions
relating to hunting were required to ensure
processes are standardized and to reduce
possible abuse of the system” said Minister
Molewa.
