I.) PRESS RELEASE FOR IMMEDIATE DISTRIBUTION
III.) MAIL & GUARDIAN – SOUTH AFRICA
PRESS
RELEASE FOR IMMEDIATE DISTRIBUTION
DRAFT
NATIONAL NORMS AND STANDARDS FOR THE SUSTAINABLE USE OF LARGE PREDATORS ISSUED
IN TERMS OF SECTION 9(1) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY
ACT (ACT NO 10 OF 2004)
GOVERNMENT
GAZETTE NOTICE NO 27214
The
draft policy was finally printed in Government Gazette No. 27214 for public
participation in compliance with the National Environment Management Act.
The
SanWild Wildlife Trust expressed their shock and outrage.
The inclusion of highly endangered wild animals - cheetahs, wild dogs,
leopard and both brown and spotted hyenas – in this policy is outrageous and
verges on the brink of environmental crime.
Their concerns are that it seems that the Department Affairs and Tourism
has chosen to condone the blatant exploitation of South Africa’s wild animals
under the banner of sustainable use.
The
policy is very carefully worded in such a way that a member of the public can
easily be misled into believing that canned hunting will stop in South Africa if
this policy is approved and becomes law.
The Trust’s invitation to DEAT to take part in a national televised
panel discussion on the policy was turned down on numerous occasions and the
Trust fears that the general public will not be given enough information to make
an informed decision to oppose or support the draft policy during the public
participation process that expires on the 31st March 2005.
Complying
with the public participation principles set out in NEMA will be difficult for
Deat and once the public comments have been submitted workshops must be held to
ensure that the opinion of South Africans from all walks of life are considered
before this policy can be incorporated into the National Biodiversity Act as law.
The Trust therefore appeals to the broadcasting and print media to get
involved and ensure that all South Africans are given an opportunity to make an
informed decision.
In
an article in today’s Mail and Guardian by Fiona Macleod Deat's Chippi Olver
admitted that their department has no control over the industry in which large
predators are hunted as sport hunting trophies.
As recent as October 2004 the Department supplied incorrect information
to CITES to have the leopard-hunting quota increased in South Africa. In the M&G article it is stated that information supplied
by Limpopo Province to motive the increase in leopard hunting tags dated back to
1975. It goes on to state that even
the Minister could not obtain accurate information from the various Provinces
relating to the captive lion breeding and hunting industries.
It is clear that there is little or no control over the captive lion
breeding and predator hunting industries and that DEAT has failed on numerous
occasions to regain control.
For
many years the public innocently believed that a moratorium was in place to stop
the expansion of this sordid industry, but it was not the case.
However press releases and replies received from international consulates
created the impression that canned hunting had been outlawed in South Africa.
With this policy now open to public participation, careful wording will
once again lead the public to believe that there is a genuine intent to bring an
end to canned lion hunting.
The
SanWild Wildlife Trust has set up action center that will keep the general
public informed. A panel of
concerned conservationist and members of the animal welfare community will
prepare documents that will analyze the policy to the bone and will explain to
people why this policy is totally flawed and why it will be impossible for DEAT
to enforce the rules they set out in the document.
An
overwhelming response had already been received from the general public after a
Radio 702 interview last week in which the Trust offered their services to the
public free of charge and email are flooding in daily from individuals and
companies whishing to be kept informed. If
you would like more information and would like to take part in the public
participation process you may email the Trust on sanwild@pixie.co.za
or louise@sanwild.org to have your names
added to the mailing lists.
For
more information contact the SanWild Wildlife Trust on +27 (0) 15-3187901 or
email sanwild@pixie.co.za
January
28, 2005
DRAFT
NATIONAL NORMS AND STANDARDS FOR THE SUSTAINABLE USE OF LARGE PREDATORS ISSUED
IN TERMS OF SECTION 9(1) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY
ACT (ACT NO 10 OF 2004)
The Minister of Environmental Affairs and Tourism
hereby publishes for public information and comment in terms of section 9(1) of
the National Environmental Management Biodiversity Act, 2004 (Act No. 10 of
2004),the norms and standards set out in the Schedule hereto for the sustainable
utilisation of large predators.
1.
DEFINITIONS
Large
predator:
A large predator means a specimen of the following species:
·
Acinonyx
jubatus:
cheetah;
·
Hyaena
brunnea:
brown hyaena
·
Crocuta
crocuta:
spotted hyaena
·
Lycaon
pictus:
wild dog
·
Panthera
leo:
lion
·
Panthera
pardus:
leopard
Wild:
A large predator is considered to be wild if:
· it is free-ranging,
· it lives on wild prey populations, which do not require to be supplemented in numbers or with food,
· its own diet is not supplemented with food artificially,
· it occurs in its natural habitat within the historical distribution range of the particular species, and
·
the particular species’ social requirements
must be met at all times.
· it is free-ranging,
· it lives on wild prey populations whose numbers may require to be supplemented,
· it occurs in its natural habitat within the historical distribution range of the particular species, and
· the particular species’ social requirements must be met at all times
Captive: A large predator is considered captive if any of the criteria of the definitions for wild or managed wild populations are absent.
Captive-bred: A large predator bred under controlled unnatural conditions is considered to be captive-bred.
Canned
hunting:
Canned hunting is considered to be any form of hunting where:
·
a large predator is
tranquillised, artificially lured by sound, scent, visual stimuli, feeding, bait,
other animals of its own species, or another species, or any other method, or
·
captive large
predators are hunted.
2.
MANAGEMENT
OF WILD LARGE PREDATORS
·
These norms and standards apply to predators, which
occur naturally in the wild and those that have been acceptably re-established
in the wild within their natural distribution range.
·
The following criteria shall apply when
re-establishing wild large predators in the wild:
-
enough suitable habitat must be available to
accommodate a viable group;
-
sufficient suitable prey must be available to
sustain the predators through natural hunting;
-
adequate fencing as prescribed by the provincial
conservation authority in whose area of jurisdiction the intended action falls,
must be erected;
-
only truly wild or properly rehabilitated large
predators may be utilised for re-establishment purposes.
·
The establishment or re-establishment of any large
predator will be subject to an environmental assessment and feasibility study by
the applicant, which will be reviewed by the provincial conservation authority
in whose area of jurisdiction the intended action falls, and which will lead to
the development of a formal ecological management plan.
·
Wild large predators may only be temporarily kept
in a release camp prior to release. A release camp shall be subject to fencing
specifications prescribed by the provincial conservation authority in whose area
of jurisdiction the intended action falls.
·
Capture and temporary keeping of large predators
for any other reasons is subject to authorisation by the provincial conservation
authority in whose area of jurisdiction the intended action falls.
·
The written comments of adjacent landowners will be
considered by the provincial conservation authority in whose area of
jurisdiction the intended action falls when establishing or re-establishing
large predators.
3.
HUNTING
OF WILD AND MANAGED WILD INDIGENOUS LARGE PREDATORS
·
No large predator may
be hunted without authorisation issued by the provincial conservation authority in whose area of jurisdiction
the intended action falls.
·
No human-imprinted
predators may be hunted.
·
The large predator must be wild as defined above
·
Hunting of a specific animal will only be
considered six months after introduction of the particular animal.
·
The area in which the hunt will take place must be
fenced according to the requirements of the provincial conservation authority in
whose area of jurisdiction the action falls.
·
No large predator may
be artificially lured by sound, scent, visual stimuli, feeding, bait, other
animals of its own or another species or any other method.
·
No dogs may be used,
except where the predator has been wounded in the hunt and needs to be traced.
·
No large predator under the influence of any
tranquilliser or similar drug may be hunted.
·
No large predator may be hunted at night.
·
The methods of
hunting of leopard will be dealt with at the discretion of the provincial
conservation authority in whose areas of jurisdiction the action falls.
·
Hunting must be done on foot and at least 200
metres from the vehicle used for the hunt (except disabled hunters)
·
Hunting is only allowable using legal hunting
methods.
·
The provincial conservation authority in whose area
of jurisdiction the action falls must be informed regarding the date and time of
hunt and may reserve the right to be present at the hunt.
·
The hunter must be in possession of all permits,
licences and relevant documentation and must present these upon request.
·
No large predator should be hunted in a pride
situation
·
Wounded and hunted animals must be reported to the
provincial conservation authority in whose area of jurisdiction the action falls
within 24 hours.
·
The conservation authority in whose area of
jurisdiction the action falls may specify the calibre of fire-arm or weapon used
during the hunt.
·
Special permits are required from the provincial
conservation authority in whose area of jurisdiction the action falls for
hunting with bow and arrow.
4.
KEEPING
AND BREEDING OF CAPTIVE LARGE PREDATORS
Large
predators kept captive for species conservation and commercial purposes are
subject to the following conditions.
·
The establishment of a captive operation of large
predators will be subject to an environmental assessment in terms of the
National Environmental Management Amendment Act, 2004 (Act No 8 of 2004).
·
Should the Record of Decision following the
appropriate environmental assessment indicate that the establishment of the
captive breeding operation will not have detrimental environmental consequences,
the issuing of the necessary permits will require submission and approval of:
-
a management plan, and
-
a business plan
to
the relevant provincial conservation authority.
·
No large predator may be kept under captive
circumstances unless the applicant satisfies the provincial conservation
authority in whose area of jurisdiction the action falls that the capture,
keeping and/or breeding of the predator/s has a conservation, commercial,
rehabilitation or education objective or forms part of a bona
fide research programme or project attached to a recognised institution of
research or higher learning.
·
No large predators may be kept as pets.
·
Exhibition of large predators must conform to the
Performing Animals Protection Act, 1935 (Act No 24 of 1935) (PAA), the Animals
Protection Act, 1962 (Act No 71 of 1962) and the NSPCA Act, 1993.
The issuance of licenses in terms of the PAA must take into account the
guidelines as set out in this document.
·
All large predators in a captive operation shall be
subject to micro-chipping. The
applicant will be responsible for the costs of such micro-chipping. Such information will be housed in a national database, to be
established by Department of Environmental Affairs and Tourism (DEAT) for this
purpose, to ensure standardisation. Standardised
micro-chips to be used as prescribed by DEAT.
·
Fencing specifications as prescribed by the
provincial conservation authority in whose area of jurisdiction the action falls
for the management of wild large predators must be adhered to (see section 3).
·
The written comments of adjacent landowners will be
considered when establishing a captive facility for large predators.
·
No permit for the keeping of large predators in
captivity will be issued before the facility has been inspected and approved by
the provincial conservation authority in whose area of jurisdiction the action
falls.
5.
HUNTING
OF CAPTIVE LARGE PREDATORS
·
Hunting of captive large predators (i.e. canned
hunting as defined in section 1) is prohibited.
·
Hunting of captive-bred large predators will only
be permitted once they have been certified as rehabilitated to wild status (wild
as defined in section 1) by the provincial conservation authority in whose area
of jurisdiction the action falls as defined in this document.
6.
CONTROL
OF DAMAGE CAUSING LARGE PREDATORS
·
The most effective control measures, taking into
consideration the conservation status of the animal, should be applied at all
times.
·
Permits for the capture or destruction of large
predators causing damage to property or which is a threat to human life will
only be issued after the provincial conservation authority in whose area of
jurisdiction the action falls has been satisfied that the capture or killing of
the animal is warranted.
·
The control of large predators causing damage shall
be treated as prescribed by the provincial legislation in whose area of
jurisdiction the action falls.
·
The provincial conservation authority in whose area
of jurisdiction the action falls will decide on the disposal of the carcass or
the skin.
·
Damage caused by large predators is an inherent
agricultural risk and therefore the onus is on the landowner to use non-lethal
preventative measures to protect his property from large predators that might
cause damage.
7.
IMPORT,
EXPORT AND TRANSPORTATION OF LARGE PREDATORS
·
No large predator shall be imported or exported or
transported without the necessary national or provincial permits and without
being micro-chipped.
·
Exemption from permit requirements for the
transport of large predators will only be allowed in the case of sick or injured
animals in need of urgent medical treatment at an animal medical facility
provided a veterinary surgeon at such medical facility has certified that the
animal is in need of urgent medical attention.
·
Crates for the translocation of large predators
must comply with International Air Transport Association (IATA) regulations for
air transport and the requirements specified by the provincial conservation
authority in whose area of jurisdiction the action falls.
·
Where an application is received for the import of
non-indigenous wild large predators into the country, the applicant will have to
prove, by means of appropriate Deoxyribonucleic acid (DNA) testing, that the
predators are genetically sufficiently dissimilar to local predators to the
extent that it precludes the possibility of the hybridisation of subspecies,
species, or other taxa.
·
A certificate of health must be issued by a
veterinary surgeon prior to the import of any large predator and such
certificate must indicate that each predator is free from diseases such as
feline Acquired Immune Deficiency Syndrome (AIDS), Tuberculosis (TB) or any
other disease, which may threaten local populations.
Any other requirements by veterinary and other authorities must also be
met.
DRAFT REGULATIONS RELATING
TO THE KEEPING AND HUNTING OF ACINONYX
JUBATUS, HYAENA BRUNNEA, CROCUTA CROCUTA, LYCAON PICTUS, PANTHERA LEO AND PANTHERA PARDUS, IN TERMS OF SECTION 97(1) OF THE NATIONAL
ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 (ACT NO 10 OF 2004)
The
Minister of Environmental Affairs and Tourism has under section 97(1) of the
National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004),
made the regulations set out in the Schedule.
SCHEDULE
PART
I
INTERPRETATION
In these Regulations, unless the context otherwise indicates, every word takes the meaning as defined in the Act, and –
“canned
hunting” means any
form of hunting where:
·
a large predator is
tranquillised, artificially lured by sound, scent, visual stimuli, feeding, bait,
other animals of its own species, or another species, or any other method, for
the purpose of hunting that predator; or
·
captive large
predators are hunted.
“captive”
means a large predator lacking any of the criteria of the definitions for wild
or managed wild populations;
“captive breeding operation” means an operation where large predators are bred under controlled
unnatural conditions;
“large
predator” means a
specimen of the following species:
“managed wild population” means a large predator population
that:
·
is
free-ranging,
·
lives on
wild prey populations whose numbers may require to be supplemented,
·
occurs in
its natural habitat within the historical distribution range of the particular
species, and
·
the
particular species’ social requirements is met;
“wild” means a large predator:
·
that is
free-ranging;
·
that lives
on wild prey populations, which do not require to be supplemented in numbers or
supported with food;
·
whose own
diet is not supplemented with food artificially;
·
that occurs
in its natural habitat within the historical distribution range of the
particular species; and
·
whose social
requirements are met.
PART
II
LISTING
OF SPECIES
Establishment
of threatened or protected species in terms of section 56(1)
1.
(1)
The following species is listed as a vulnerable species in terms of
section 56(1)(c):
(i)
Acinonyx jubatus (cheetah)
(2)
The following species are listed as protected species in terms of section
56(1)(d):
(i)
Crocuta crocuta (spotted hyaena)
(ii)
Hyaena brunnea (brown hyaena)
(iii)
Lycaon pictus (wild dog)
(iv)
Panther leo (lion)
(v)
Panthera pardus (leopard)
PART
III
MANAGEMENT
OF LARGE PREDATORS
Establishment
of new holding facilities
2.
The establishment
of new holding facilities for keeping large predators shall be subject to the
issuing of a permit, issued in terms of Chapter 7 of the Act, by the provincial
conservation authority in whose area of jurisdiction the proposed facility is
located.
Conditions for permits
relating to the keeping of large predators
3.
(1) A provincial conservation authority referred to
in regulation 2, may only issue a permit as contemplated in Chapter 7 of the Act
to establish a holding or captive breeding facility for large predators, if -
(i)
sufficient suitable habitat is available to accommodate a viable
population of the species;
(ii)
sufficient suitable prey animals are available to sustain the large
predators through natural hunting;
(iii)
adequate fencing as prescribed by the provincial conservation authority
referred to in regulation 2 is erected;
(iv)
written comments of adjacent landowners have been considered by the
provincial conservation authority referred to in regulation 2 when establishing
or re-establishing large predators;
(v)
an environmental assessment in terms of National Environmental Management
Amendment Act, 2004 (Act No 8 of 2004) has been submitted;
(vi) in the case where the Record of Decision following
the appropriate environmental assessment indicates that the establishment of the
holding or captive breeding operation will not have detrimental environmental
consequences;
(a)
a management plan, and
(b)
a business plan
have
been submitted;
(vii)
the large predators concerned are not intended to be kept as pets.
(2)
Every large predator in a captive breeding operation shall be fitted with
a micro-chip for the purpose of identification of the predator concerned.
(3)
The Department shall maintain a database of all large predators in
captive operations. The provincial conservation authorities referred to in
regulation 2 must provide the relevant information to the Department on a
quarterly basis.
Conditions for permits
relating to hunting of large predators
4.
(1) A large
predator may not be hunted unless the hunter of that predator is in possession
of a permit issued in terms of Chapter 7 of the Act, issued by
the provincial conservation authority referred to in regulation 2.
(2)
The permit issued by the provincial conservation authority referred to in
regulation 2, is subject to the following conditions:
(i)
The provincial conservation authority concerned must be informed of the
date and time of hunt and may reserve the right to be present at the hunt;
(ii) The hunter must be in possession of all
permits, licences and relevant documentation required in terms of the provincial
legislation of the province concerned and must present these upon request;
(iii)
The large predator to be hunted may not be human-imprinted;
(iv) The area in which the hunt will take place must be
fenced according to the requirements of the provincial conservation authority
concerned;
(v)
The permit does not authorise canned hunting;
(vi)
Despite subparagraph (v), the conservation authority in whose area of
jurisdiction the intended hunt takes place may in the case of the hunting of
leopard, determine special conditions for that hunt but those conditions may not
authorise the use of any tranquilliser or similar drug;
(viii)
No large predator may be hunted at night, except in the case of the
hunting of leopard, in which case the conservation authority in whose area of
jurisdiction the intended hunt takes place may determine special conditions for
that hunt;
(ix) Hunting of a large predator must take place on foot
and at least 200m from the vehicle used for the hunt; except in the case of a
disabled hunter for whom the conservation authority in whose area of
jurisdiction the intended hunt takes place, may determine special conditions;
(x) Only hunting methods authorised by the
legislation of the province concerned is allowed;
(xi) No large predator may be hunted in a pride
situation;
(xii) Wounded and hunted large predators must be reported to the provincial conservation authority in whose area of jurisdiction the action falls within 24 hours after the hunt or the wounding of that predator.
(3) The provincial conservation authority in whose area of jurisdiction the intended hunting will take place may specify type of weapon to be used for the hunt and in the case of a fire-arm, the calibre of that fire-arm.
(4)
If required in terms of a provincial law, a large predator may only be
hunted with a bow and arrow under the authorisation of a special permit issued
in terms of Chapter 7 of the Act.
PART IV
IMPORT, EXPORT AND
TRANSLOCATION OF LARGE PREDATORS
Conditions subject to which a permit for the import,
export or translocation of large predators may be issued
5.
A permit for the import, export or translocation of large predators is
subject to the following conditions:
(i)
Every imported large predator shall be fitted with a micro-chip for
the purpose of identification of that predator;
(ii) The submission of a certificate
of health issued by a veterinary surgeon, indicating that the animal is free
from diseases such as feline Acquired Immune Deficiency Syndrome (AIDS),
Tuberculosis (TB) or any other disease, which may threaten local populations;
(iii) Every container for the
translocation of large predators must comply with International Air Transport
Association (IATA) regulations for air transport and the requirements specified
by the provincial conservation authority in whose area of jurisdiction the
action falls.
Exemption
6.
Transportation of
large predators for the purposes of urgent medical treatment at an animal
medical facility is exempt from permit conditions, prescribed by regulation 5 if
a veterinary surgeon at that medical facility has certified that the large
predator is in need of urgent medical attention.
MAIL
& GUARDIAN – SOUTH AFRICA
by
Fiona Macleod
National government
plans to use microchipping and special enforcement agents to stamp out
“canned” lion hunting, but there are concerns about the capacity of
provincial officials to keep a lid on the sordid industry.
If regulations
published on Friday, January 28, become law, all large predators kept in
captivity – lions, cheetahs, hyenas, leopards and wild dogs – will have to
microchipped and recorded in a database managed by the Department of
Environmental Affairs and Tourism (Deat).
The regulations prohibit hunting of these large predators in captivity, hunting at night, using drugs to tranquillise target animals, and luring animals by using sound, scent or bait. They stipulate that dogs may not be used and that hunting must be done on foot.
They do allow hunting of wild predators
and “managed wild” animals. The latter are defined as free-ranging but their
food supply may need to be supplemented; and they have to be given six months
after being introduced to an area before they can be hunted.
The regulations, now open for public
comment, outlaw the kind of “canned” lion hunting that caused international
outrage when it was exposed in the late 1990s. Tourism
outfits and conservationists have been pushing for the government to ban the
industry.
“We are introducing various compliance and inspection regimes, as well as making it easier for people to apply them,” says Dr Chippy Olver, director general of Deat.
The regulations are published on the eve of Olver’s departure from the department, after he announced his resignation this week. Olver was criticised by judges in the Cape High Court on Wednesday when they set aside his authorisation of the proposed Koeberg Pebble Bed Modular Reactor on the grounds of insufficient public consultation.
Olver says the “canned” hunting regulations, which were due to be published last year, were delayed because Deat wanted to ensure they are justiciable.
They replace draft “norms and standards on the sustainable use of large predators” that have been applied in an ad hoc and haphazard fashion by provincial conservation authorities since September 2002.
Several provinces have continued issuing permits for “canned” breeding facilities, in the face of a voluntary national moratorium imposed by Deat in 1997.
Minister Marthinus van Schalkwyk requested a report from Deat last year outlining the extent and scale of the industry, but Olver says information from the provinces has not been forthcoming.
A lack of capacity in provincial departments was demonstrated after the Convention on International Trade in Endangered Species (Cites) last October approved an application by the South African government for a quota to hunt 150 leopards.
Olver says the quota has been put on hold because it was based on incorrect information about the number of leopards there actually are in South Africa. Limpopo, for instance, based its information on a count carried out in 1975.
A team led by the Endangered Wildlife Trust, an NGO, has been tasked to do a full assessment on leopard numbers in the country.
The new regulations relating to the breeding and hunting of large predators come into effect from July 1, “to give the industry time to get its act together”, says Olver. Public input lasts for 30 days.