Briefing - PowerPoint Presentation

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Briefing of the Portfolio Committee on Environmental Affairs:Recent changes in legislation pertaining to: Rhinoceros hornLion bonesHunting23 May 2017

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PurposeTo inform members of the Portfolio Committee (PC) on Environmental Affairs, of recent changes in legislation pertaining to:Rhinoceros horn;Lion bones; andHunting.2Slide3

Recent changes in legislation pertaining to rhinoceros horn3Slide4

IntroductionThe Department of Environmental Affairs (DEA) published draft regulatory measures relating to the domestic trade in rhinoceros horn in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (NEMBA)Domestic trade in rhinoceros horn meant:selling, giving, donating or in any other way disposing of, buying, receiving or in any other way acquiringrhinoceros horn, or any product or derivative thereof The following draft regulatory measures were published in the

Gazette

on

8 February 2017

for public

participation for a period of 30 days:

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Proposed regulatory measures (I/III)Draft regulations in terms of section 97, aimed at prescribing the circumstances in which rhinoceros horn may be sold or bought, including at auctions, or may be exported:additional

requirements relating to the purchase and export of

rhinoceros

horn by persons who are not citizens of, or

permanent residents

within, the

Republic of South Africa (RSA);

a

person may not take possession of rhinoceros horn, unless the markings thereof have been verified and a possession permit has been issuedrequirements relating to the validity of permits for the selling/ buying of rhinoceros horn by auctionan affidavit may not be accepted as prove of legal acquisition of rhinoceros horn (possession permit would be required)

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Proposed regulatory measures (II/III)rhinoceros horn may not be exported via any port of exit other than OR Tambo International Airportonly 2 rhinoceros horns may be exported for personal (primarily non-commercial) purposes by persons who are not citizens of, or

permanent residents

within

,

the

RSA

(b) Draft notice

in terms of section

57(2) to

prohibit:

the powdering of a rhinoceros horn, or creating derivatives such as slivers, chips or drill bits removal of parts or layers (shaving) of rhinoceros horntrade in, including export of, the powder, shavings or similar derivatives of rhinoceros hornExclusion from the prohibition:forming of powder or shavings when inserting a microchip or dehorning a rhino, or for scientific research or genetic profiling purposes6Slide7

Proposed regulatory measures (III/III)donation of the powder, shavings or derivatives to the Stateimport, export or re-export of powder, shavings or derivatives by the State, or institution doing research or genetic profiling Proposal relating to the listing of Eastern black rhinoceros (Diceros bicornis michaeli

):

(

i

)

De-listing

in terms of section 72

as

an

invasive

species; and (ii) Listing in terms of section 56(1)(d) as a protected species, in order to afford it (as a non-indigenous subspecies) the same level of legal protection against poaching as to the indigenous subspecies.The scope of the draft regulations and prohibitions – to apply to all indigenous rhinoceros species, as well as non-indigenous subspecies already occurring in the RSA7Slide8

Way forwardThe DEA is in the process of assessing the comments received, for finalisation of the draft regulatory measures for implementation8Slide9

Recent changes in legislation pertaining to lion bones9Slide10

Existing legal provisions - NEMBAActivities involving lion is regulated in terms of national and provincial biodiversity legislationEnabling national legislation: NEMBASection 56 of NEMBA enables the Minister to list a species as threatened or protectedLion is currently listed in terms of NEMBA as a vulnerable species A permit is required in terms of NEMBA to carry out any restricted activity involving a lion specimen

Restricted

activities include possession, transport

, selling

, hunting/ killing, import/ export, etc.

A

specimen

includes a living or dead lion, or any part

of

a lion (e.g. skin or bones)

Illegal killing of lion (killing without a permit) =

poaching10Slide11

Existing legal provisions - TOPSThe Threatened or Protected Species (TOPS) Regulations require the compulsory registration of persons as wildlife traders, or facilities such as captive breeding facilities, zoos, sanctuaries, rehabilitation facilities, etc. Captive breeding facilities for lions – registered in terms of TOPSTOPS provision – must consider Biodiversity Management Plan (BMP) for the species, if availableBMP for African Lion – published in the Government Gazette in December 2015The National Lion Task Team to coordinate the implementation of the BMP has been established

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Existing legal provisions - CITESPanthera leo (African lion) included in Appendix II of CITESTrade in bones and other lion body parts was taking place (bones mainly a by-product of trophy hunting)At CITES CoP17, 2016, Panthera leo listing was revised: Appendix II of CITES with an annotation:With effect from 02/01/2017, for African populations: a zero annual export quota is established for specimens of bones, bone pieces, bone products, claws, skeletons, skulls and teeth removed from the wild and traded for commercial purposes. Annual export quotas for trade in bones, bone pieces, bone products, claws, skeletons, skulls and teeth for commercial purposes, derived from captive breeding operations in South Africa, will be established and communicated annually to the CITES Secretariat.A recommendation relating to a proposed quota has been submitted for consideration by MinisterInformed by the Scientific Authority’s recommendation, which includes management, monitoring and research aspects

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Recent changes in legislation pertaining to hunting13Slide14

Introduction (I/II)The Scientific Authority of South Africa (SA) had been requested to advise on the annual leopard hunting quota for 2016In order to provide such advise, the SA considered:the

non-detriment finding (NDF)

published in September 2015

for

scientific input;

t

he effectiveness

of quota conditions introduced in 2015; and

additional information obtained subsequent to the publication

of the NDF

The SA then recommended:a zero trophy hunting quota for 2016; andimplementation of urgent measures to facilitate sustainable use of leopard populations, which would include norms and standards (N&S) for the management and monitoring of leopard hunts14Slide15

Introduction (II/II)The DEA published draft Norms and Standards for the management and monitoring of the hunting of leopard in South Africa for trophy hunting purposes (Leopard N&S), in terms of section 9 of NEMBA, in the Gazette on 8 February 2017 for public participation for a period of 30 daysThe

purpose of the

Leopard N&S

is to ensure that

trophy hunting is

done in an ecologically sustainable

manner

The

provisions

apply to local hunters and hunting clientsThe provisions apply on private or state land15Slide16

Key proposed provisions (I/II)Requirements aimed at reducing the impact on population stabilityrestrict hunting of leopard to males of 7 years and older taking and passing of an on-line leopard hunting examination establishing Leopard Hunting Zones (LHZ) for even distribution of hunting effort across the leopard range in each province

LHZs

to be determined by

the South African National Biodiversity Institute (SANBI),

based on

return of hunting information and leopard population

monitoring data

only one leopard hunt in a particular LHZ per hunting season

if a female or under-aged male was hunted, no further quota

may be allocated in

the affected LHZ for the next

hunting season 16Slide17

Key proposed provisions (II/II)link permit allocation to minimum size of property where the hunt will take place (to be determined by the issuing authorityinspection of the hunting trophy by an Environmental Management Inspector (EMI) within 48 hours of the huntskin sample to be collected by the EMI for genetic profiling (for the cost of the hunter)hunting returns must be submitted to the issuing authority, for both successful and unsuccessful hunts

hunting returns for successful hunts must be accompanied

with

photographs

DEA may not issue hunting quotas if all hunt returns have

not been

received, or based on SANBI/ Scientific Authority advice

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Way forwardThe DEA is in the process of assessing the comments received, for finalisation of the draft Leopard N&S for implementation18Slide19

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