Threatened or Protected Species Regulations, 2007 (No. R. 152 of 2007)

12 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 No. R. 152 23 February 2007 NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 (ACT 10 OF 2004): OR PROTECTED SPECIES REGULATIONS The Minister of Environmental Affairs and Tourism has in terms of section 97 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of made the regulations relating to listed threatened and protected species as set out in the Schedule hereto. SCHEDULE TABLE OF CONTENTS CHAPTER 1 INTERPRETATION PURPOSE OF REGULATIONS 1. Definitions 2. Purpose of regulations CHAPTER 2 PERMIT SYSTEM FOR LISTED THREATENED OR PROTECTED SPECIES Part I : Issuing authorities 3. Issuing authorities 4. Integrated permits THREATENED 2004), AND STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 13 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Part 2: Applications for permits Who may apply for permits Application procedure Restricted activities on land owned by person other than applicant Part 3: Consideration and on applications by issuing authorities Consideration of applications Additional information Factors to be taken into account by issuing authorities when considering permit applications Additional requirements for applications involving wild populations of listed critically endangered or endangered species Additional factors to be taken into account by issuing authorities when considering applications for hunting permits Additional factors to be taken into account by issuing authorities when considering applications for game farm hunting permits, personal effects permits and nursery possession permits Provisions relating to damage causing animals Risk assessments General requirements for environmental assessment practitioner Decision on permit applications Part 4: Permits and permit conditions Issuing of permits Contents of permits Compulsory conditions subject to which hunting permits must be issued Period of validity of permits Validity of permits Part 5: Circumstances in which permit applications must be refused Applications for translocation of listed threatened or protected animals to extensive wildlife systems Prohibited activities involving listed large predators, (White rhinoceros) and Diceros bicornis (Black rhinoceros) of decision Ceratotherium simum 14 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 25. 26 Prohibited methods of hunting Prohibited activities involving listed threatened or protected species CHAPTER 3 REGISTRATION OF CAPTIVE BREEDING OPERATIONS, COMMERCIAL EXHIBITION FACILITIES, GAME FARMS, NURSERIES, INSTITUTIONS, SANCTUARIES, REHABILITATION FACILITIES WILDLIFE TRADERS 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. Part Z : Compulsory registration requirements Compulsory registration requirement for captive breeding operations, commercial exhibition facilities, nurseries, scientific institutions, sanctuaries, rehabilitation facilities and wildlife traders Registration of game farms Factors to be taken into account by issuing authority Part 2: New registrations Application for registration Applications affecting rights of other persons Consideration of and decision on applications Issuing of registration certificates Contents of registration certificates Compulsory conditions for registration of captive breeding operations, commercial exhibition facilities and rehabilitation facilities Additional compulsory conditions for registration of commercial exhibition facilities Compulsory conditions for the registration of sanctuaries 4 RENEWAL, AMENDMENT CANCELLATION OF PERMITS REGISTRATION CERTIFICATES Part I : Renewal and amendment of permits and registration Renewal of permits or registration certificates Consideration of and decision on renewal application CHAPTER AND Encephalartos SCIENTIFIC AND AND certificates . STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 15 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. Amendment of permits or registration certificates Applications for amendment by holder of permit or registration certificate Consideration of and decision on applications for amendment Amendment on initiative of issuing authority Process Decision Renewal of permit or registration certificate Part 2: Cancellation of permits and registration Cancellation of permits and registration certificates Cancelled permits or registration certificates to be returned to issuing authority Permits or registration certificates may not be transferred Lost or stolen permits and registration certificates CHAPTER HUNTING ORGANISATIONS Recognition of hunting organisations Code of ethical conduct and good practice Withdrawal of recognition of hunting organisation CHAPTER 6 54. Application 55. Lodging of appeal 56. Processing of appeal 57. Appeal panel 58. Decisions CHAPTER 7 SCIENTIFIC AUTHORITY Part 1: Establishment, composition and operating procedures 59. Establishment 60. Composition 61. Chairperson and deputy chairperson certificates 5 APPEALS 16 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 62. 63. 64. 65. 66. 67. 68. 69. Term of office Removal from office Filling of vacancies Meetings Expert advisors Participation in meetings by way of electronic or other media Procedures Quorum and decisions CHAPTER 8 MISCELLANEOUS 70. 71. Marking of elephant ivory and rhinoceros horn Transitional provision in respect of existing captive breeding operations, commercial exhibition facilities, nurseries, scientific institutions, sanctuaries, rehabilitation facilities or wildlife traders Setting of annual hunting off-take limits 72. 73. Offences 74. Penalties 75. Short title and commencement No. 29657 17 STAATSKOERANT, 23 FEBRUARIE 2007 CHAPTER 1 INTERPRETATION PURPOSE OF REGULATIONS Definitions 1. In these Regulations, unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Biodiversity Act, has the same meaning, and (1) “applicable legal requirements” means (a) (b) all legislation and instruments mentioned in section of the Biodiversity Act; any national norms and standards issued in terms of section 9 of the Biodiversity Act or section 11 of the Protected Areas Act which apply to the implementation of these regulations; and any specific requirements of these regulations; (c) “applicant” means a person who has submitted a permit application or registration application; “arrow” means a projectile launched by a bow; “artificially propagated” means a listed threatened or protected plant species that is grown under conditions; grown fiom seeds, cuttings, divisions, callus tissues or other plant tissues, spores or other propagules derived fiom cultivated parental stocks; “Biodiversity Act” means the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004); “bow” means an instrument consisting of a body and string designed to launch and propel an arrow; “bred in captivity” or “captive bred”, in relation to a specimen of a listed threatened or protected animal species, means that the specimen was bred in a controlled environment; AND 88(3) cohtrolled 18 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 “broad-based black economic empowerment” has the meaning assigned to it in terms of section 1 of the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); “captive breeding operation” means a facility where specimens of a listed threatened or protected animal species are bred in a controlled environment for (a) conservation purposes; or commercial purposes; “commercial exhibition facility” means a facility, including zoological gardens, aquariums, travelling exhibitions, that keep listed threatened or protected species for display purposes; “commercial purposes”, in relation to a restricted activity involving a specimen of a listed threatened or protected species, means that the primary purpose of the restricted activity is to obtain economic benefit, including profit in cash or in kind, and is directed towards trade, exchange or another form of economic use or benefit; “controlled conditions” means an artificial or a non-natural environment that is intensively manipulated by human intervention for the purpose of plant production and includes nurseries; “controlled environment” means an enclosure designed to hold specimens of a listed threatened or protected species in a way that (a) prevents them escaping; (b) of facilitates intensive human intervention or manipulation in the form of the provision (i) food or water; artificial housing; or health care; and facilitates the intensive breeding or propagation of a listed threatened or protected species, (c) but excludes fenced land on which self-sustaining wildlife populations of that species are managed in an extensive wildlife system; (b) (ii) (iii) from STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 19 “culling” in relation to a specimen of a listed threatened or protected species in a protected area, means an operation executed by an official of, or other person designated by, the management authority of the area to kill a specific number of specimens of a listed threatened or protected species within the area in order to manage that species in the area in accordance with the management plan of the area; or in relation to a specimen of a listed threatened or protected species which has escaped a protected area and has become a damage causing animal, means an operation executed by an official of, or a person designated by, the provincial department or the management authority of the protected area to kill the animal as a matter of last resort; in relation to a specimen of a listed threatened or protected species on a registered game farm, means an operation executed by the land owner or other person designated by the land owner, to kill a specific number of specimens of a listed threatened or protected species within the registered game farm in order to manage that species on the farm; “cultivated parental stock” means listed threatened or protected plant species legally obtained and grown under controlled conditions and used for reproduction; “damage causing animal” means an individual of a listed threatened or protected species that, when interacting with human activities, there is substantial proof that it (a) (b) (c) (d) causes losses to stock or to other wild specimens; causes excessive damage to cultivated trees, crops, natural flora or other property; presents a threat to human life; or is present in such numbers that agricultural grazing is materially depleted; “darting”, in relation to a live specimen of a listed threatened or protected species, means to shoot the specimen with a projectile loaded with a narcotic, immobilising, or similar agent; , “elderly person” means a person of 65 years and older; (a) (b) from (c) tranquillising~ 20 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 “elephant ivory” in relation to marking and registration means any piece of elephant tusk which is 20cm or more in length, or more than lkg in weight, whether carved or not; “extensive wildlife system” means a system that is large enough, and suitable for the management of self-sustaining wildlife populations in a natural environment which requires minimal human intervention in the form of (a) the provision of water; (b) (c) (d) the supplementation of food, except in times of drought; the control of parasites; or the provision of health care. “game farm hunting permit” means a permit issued by the issuing authority to the landowner of a registered game farm, authorising a person authorised by the landowner to carry out a specific restricted activity, namely the hunting of a listed threatened or protected species on that landowner’s registered farm, and the transport and possession of the dead specimen of a listed threatened or protected species subsequent to the hunt; “gin trap” means a leg hold or foothold trap made up of two tightly closing jaws, a spring of sorts, and a trigger in the middle, without an off-set jaw or padded jaw that reduces chances of injury to the animal; “hunt” in relation to a specimen of a listed threatened or protected species, includes (a) (b) to intentionally such species by any means, method or device whatsoever; to capture such species by any means, method or device whatsoever with the intent to kill; to search for, lie in wait for, pursue, shoot at, tranquillise or immobilise such species with the intent to or to lure by any means, method or device whatsoever, such species with the intent to but excludes the culling of a listed threatened or protected species in a protected area or on a registered game farm or the culling of a listed threatened or protected species that has escaped a protected area and has become a damage causing animal; (c) (d) “hunting client” means a person who (a) is not resident in the Republic; and kill kill; kill, from STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 21 (b) pays or rewards a professional hunter for, or in connection with, the hunting of a listed threatened or protected species; “hybridisation” means the cross-breeding of individuals from different species or sub species; “issuing authority” means an organ of state referred in regulation 3 as an issuing authority; “IUCN Red List status” means the conservation status of the species based on the IUCN Red List categories and criteria; “kept in captivity” or “captive kept”, in relation to a specinien of a listed threatened or protected species, means that the species is kept in a controlled environment for a purpose other than (a) transfer or transport; (b) quarantine; or (c) veterinary treatment; “listed large predator” means a specimen of any of the following listed threatened or protected species: (a) Cheetah (b) Spotted hyaena crocutu); (c) Brown hyaena brunneu); (d) Wild dog (e) Lion (Puntheru or Leopard (Puntheru “listed threatened or protected species” means a species listed as a threatened or protected species in terms of section of the Biodiversity Act; “management plan” in relation to a protected area, means a management plan referred to in section 41 of the Protected Areas Act; (f) (Acinonyx jubatus); (Crocuta (Parahyaena (Lycaon pictus); leo); pardus); 56(1) 22 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 “Marine and Coastal Management Unit” means the unit, within the Department, which is responsible for the administration of the Marine Living Resources Act, 1998 (Act No. 18 of 1998); “mark” means an indelible imprint, micro-chip or other recognised means of identifying a specimen, designed in such a way as to render the imitation thereof by unauthorized persons as difficult as possible; norms and standards” means any national norms and standards issued in terms of (a) section 9 of the Biodiversity Act to the extent that they apply to (i) registered captive breeding operations, registered commercial exhibition facilities, registered game farms, registered nurseries, registered scientific institutions, registered sanctuaries, registered rehabilitation facilities or registered wildlife traders; or restricted activities involving listed threatened or protected species; or (b) section 11 of the Protected Areas Act, to the extent that they apply to restricted activities involving listed threatened or protected species in protected areas; “nursery” means a facility where a listed threatened or protected plant species is artificially propagated or multiplied for commercial purposes; “nursery possession permit” means a permit issued by the issuing authority to a registered nursery, authorising a person to buy threatened or protected species from the registered nursery and for such person to convey and keep it in his or her possession for a period specified on the permit; “permit” means a permit issued by an issuing authority, authorising a restricted activity involving a specimen of a listed threatened or protected species; “permit application” means an application in terms of (a) (b) (c) regulation 6 for the issuing of a permit; regulation 38 for the renewal of a permit; regulation 41 for the amendment of a permit. (ii) STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 23 “person” means a natural or juristic person; “personal effects permit” means a permit issued by the issuing authority to a registered wildlife trader, authorising a person to buy dead specimens of listed threatened or protected species, including products derived from such species, the registered wildlife trader and for such person to transport or convey and keep it in his or her possession for a period specified on the permit or to export it from the Republic; “physically disabled person” means a person with a disability that significantly limits their functional mobility as defined by the World Health Organisation’s International Classification on Functioning and Disability in Health; “possession permit” means a permit for keeping a , specimen of a listed threatened or protected species in a person’s possession without carrying out any other restricted activity; “professional hunter” means a person who is licensed in terms of provincial legislation as a professional hunter; “provincial department” means the provincial department responsible for the conservation of biodiversity in a province; “put and take animal” means a live specimen of a captive bred listed large predator, or a live specimen of Cerutotherium simum (White rhinoceros) or Diceros bicornis (Black rhinoceros) that is released on a property irrespective of the size of the property for the purpose of hunting the animal within a period of twenty four months; “registration application” means an application in terms of (a) regulations 30 for the registration of a captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary, rehabilitation facility or wildlife trader; or regulation 38 for the renewal of the registration of a captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary, rehabilitation facility or wildlife trader; (b) from . 24 No.29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 (c) regulation 41 for the amendment of the registration of a captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, rehabilitation facility or wildlife trader; “registered game farm’’ means a game farm registered with the issuing authority; “registered wildlife trader” means a person who may hawk, peddle, barter, exchange, offer, advertise, expose or have in his or her possession for the purpose of exhibition, display, sale, hawking, peddling, bartering or exchanging, any listed threatened or protected species, and includes taxidermists; “rehabilitation facility” means a registered facility equipped for the temporary keeping of live specimens of a listed threatened or protected species for (a) (b) (c) quarantine purposes; or (d) relocation, with the overall intent to release the species. treatment and recovery purposes, in the case of sick or injured rearing purposes, in the case of young orphaned specimens; “risk assessment” means a risk assessment requested by an issuing authority in terms of section 89 of the Biodiversity Act; “SANBI” means the South African National Biodiversity Institute established by section 10 of the Biodiversity Act; means a registered facility in which a permanent captive home provided in a controlled environment for specimens of a listed threatened or protected species that would be unable to sustain themselves if released; “Scientific Authority” means the Scientific Authority referred to in section 60 of the Biodiversity Act; sanctuary, specimens; . "sanctuary" is STAATSKOERANT, 23 FEBRUARIE 2007 No.29657 25 “scientific institution” means a museum, registered research unit of a tertiary institution or herbarium where specimens of a listed threatened or protected species are kept or used for research, scientific, information or identification purposes; “scientific purposes” means the purpose is directed towards the practice of science and includes research; “standing permit” means a permit referred to in regulation that is valid for a longer specified period than an ordinary permit; “trade” includes the import into the Republic, export from the Republic, selling or otherwise trading in, buying, receiving, giving, donating, or accepting as a gift, or in any way acquiring or disposing of any specimen; “wild populations” means a group or collection of wild specimens; “wild specimen” means a specimen that is living and growing in natural conditions with or without human intervention. (2) In these regulations, a word or expression which is a derivative or other grammatical form of a word or expression defined in subregulation (1) or in the Biodiversity Act, has a corresponding meaning, unless the context indicates that another meaning is intended. Purpose of regulations 2. (a) The purpose of these regulations is to further regulate the permit system set out in Chapter 7 of the Biodiversity Act insofar as that system applies to restricted activities involving specimens of listed threatened or protected species; provide for the registration of captive breeding operations, commercial exhibition facilities, game farms, nurseries, scientific institutions, sanctuaries and rehabilitation facilities and wildlife traders; provide for the regulation of the carrying out of a specific restricted activity, namely hunting; (b) (c) G07-0 1 91 81 5(2) C 26 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 (d) provide for the prohibition of specific restricted activities involving specific listed threatened or protected species; provide for the protection of wild populations of listed threatened species; and provide for the composition and operating procedure of the Scientific Authority. (e) CHAPTER 2 PERMIT SYSTEM FOR LISTED THREATENED OR PROTECTED SPECIES Part 1: Issuing authorities Issuing authorities 3. (1) All permit applications must be decided upon by an issuing authority. (2) The Minister is the issuing authority for permits relating to the carrying out of restricted activities involving any listed threatened or protected species (a) (b) in a national protected area; that are marine species, including listed threatened or protected marine species in marine protected areas; by a provincial department on land under its jurisdiction and for the control of damage causing animals originating from protected areas in compliance with regulation 14; or by a national department on land under its jurisdiction. (c) (d) The MEC is designated as an issuing authority for permits relating to the carrying out of restricted activities involving specimens of listed threatened or protected species in the province, excluding permits relating to (a) (b) (c) listed threatened or protected species in national protected areas; listed threatened or protected marine species; listed threatened or protected species where the restricted activity will be carried out by the provincial department on land under its jurisdiction or where control of damage causing animals originating from protected areas will take place in compliance with regulation 14; and listed threatened or protected species where the restricted activity will be carried out by a national department on land under its jurisdiction. (d) (t) .(3) STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 27 (4) An official of the Department or a provincial department may exercise a power or duty of an issuing authority in terms of the Biodiversity Act or these regulations to the extent that that power or duty has been delegated or sub-delegated to that official in terms of section 42 or 42A of the National Environmental Management Act, 1998 (Act No. 107 of 1998). Integrated permits 4. A permit issued in terms of provincial legislation by a provincial department that is an issuing authority in terms of regulations 3 for a restricted activity involving a listed threatened or protected species is regarded as a permit issued in terms of the Biodiversity Act and these regulations. (2) A permit issued in terms of the Marine Living Resources Act, 1998 by an organ of state that is an issuing authority in terms of regulation 3 for a restricted activity involving a listed threatened or protected species is regarded as a permit issued in terms of the Biodiversity Act and these regulations. (3) An exemption issued in terms of the legislation referred to in subregulation (1) and (2) will not be regarded as a permit or exemption in terms of these regulations. Part 2: Applications for permits Who may apply for permits 5. permit. (1) Any person may in terms of section of the Biodiversity Act apply for a (2) The provincial department, for a standing permit authorising the carrying out of restricted activities involving listed threatened or protected species on land under its jurisdiction and to control damage causing animals originating fiom protected areas in accordance with regulation 14; a national department, for a standing permit authorising the carrying out of restricted activities involving listed threatened or protected species on land under its jurisdiction; the management authority of a protected area, for a standing permit authorising restricted activities involving specimens of listed threatened or protected species within Only the following persons may apply for standing permits: (1) 88(1) (a) (b) (c) 28 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 the protected area that are necessary for their management in accordance with the management plan of the area; a veterinarian engaged in the treatment of listed threatened or protected species, for a standing permit authorising the restricted activities involving specimens of listed threatened or protected species that are necessary for their treatment or for applying medical procedures; a person conducting a registered captive breeding operation, for a standing permit authorising restricted activities involving specimens of listed threatened or 'protected species kept or bred at that captive breeding operation that are necessary for the purpose for which that captive breeding operation is registered; a person conducting a registered nursery, for a standing permit authorising restricted activities involving specimens of listed threatened or protected species cultivated or artificially propagated at that nursery that are necessary for the purpose for which that nursery is registered; the operator of any registered sanctuary or registered rehabilitation facility, for a standing permit authorising restricted activities involving specimens of listed threatened or protected species brought to that sanctuary or rehabilitation facility that are necessary for their treatment or care; the operator or head of a registered scientific institution or a person approved in writing by such an institution, for a standing permit authorising restricted activities involving specimens of listed threatened or protected species kept at that institution or being researched by the institution; the operator or head of a registered commercial exhibition facility, for a standing permit authorising restricted activities involving specimens of listed threatened or protected species under the care of the exhibitor that are necessary for the purpose for which the commercial exhibition facility is registered; a landowner of a registered game farm, for a standing permit authorising restricted activities involving specimens of listed threatened or protected species kept on the farm that are necessary for the management of the farm; a registered wildlife trader, for a standing permit authorising him or her to operate as a wildlife trader in listed threatened or protected species as specified by the issuing authority. (d) (e) (f) (g) (h) (i) (j) (k) STAATSKOERANT. 23 FEBRUARIE 2007 No. 29657 29 (3) A landowner of a registered game farm may apply for game farm hunting permits, authorising a person to hunt a listed threatened or protected species on the registered game farm and for the subsequent transport and possession of the dead that was hunted, the registration provisions in Chapter 3 are complied with. (4) A registered nursery may apply for nursery possession permits authorising a person to buy, transport or convey and keep in his or her possession a listed threatened or protected species acquired from the registered nursery, if the registration provisions of Chapter 3 are complied with. (5) Any person may apply for a possession permit for having a listed specimen of a threatened or protected species or a product or derivative of a listed threatened or protected species in his or her possession, if that person does not intend to carry out any other restricted activity with that specimen. (6) A registered wildlife trader may apply for personal effects permits, authorising a person to buy, transport or convey and keep in his or her possession and, or export out of the Republic, dead specimens of listed threatened or protected species, including products derived from such species and acquired from the registered wildlife trade, if the registration provisions in Chapter 3 are complied with. Application procedure 6. state specified in subregulation (2) on the form set out in Annexure 1 to these regulations . (1) A person may apply for a permit by submitting an application to the organ of (2) Unless the Minister directs otherwise in the case of a specific application, a permit application must be submitted to (a) the Department, if the application relates to (i) a specimen of a listed threatened or protected species in a national protected area; or (ii) a specimen of a listed threatened or protected marine species (including a listed threatened or protected marine species in a protected area); specimen( s) if 30 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 the carrying out of a restricted activity by the provincial department on land under its jurisdiction or for the control of damage causing animals originating from a protected area in accordance with regulation 14; or the carrying out of a restricted activity by a national department on land under its jurisdiction; (iv) (b) the provincial department in which the restricted activity is to be carried out, if the application relates to a specimen of a listed threatened or protected species not referred to in paragraph (a). (3) a written consent, if required in terms of regulation 7; the applicable processing fee as set out in Annexure 5 to these regulations and the species fee as determined by the issuing authority if the restricted activity applied for is hunting; the risk assessment contemplated in regulation 15, if it was required by the issuing authority; if the person applying is physically disabled and relies on that condition, a written confirmation from the National Council for Persons with Physical Disabilities in South Africa that he or she is a physical disabled person; and any other additional information as requested by the issuing authority. An application referred to in subregulation (1) must be accompanied by (a) (b) (c) (d) (e) Restricted activities on land owned by person other than applicant 7. is not the owner of the land, the applicant must (a) . If the restricted activity applied for is to be carried out on private land and the applicant in the case of a listed threatened species obtain and submit the written consent of the landowner to undertake the proposed restricted activity on that land, applying for a permit; or in the case of a listed protected species, obtain the written consent of the landowner prior to undertaking the proposed restricted activity on that land. (b) (iii) whin STAATSKOERANT, 23 FEBRUARIE 2007 No.29657 31 Part 3: Consideration of and decision on applications by issuing authorities Consideration of applications 8. On receipt of an application in terms of regulation 6, an issuing authority must consider and decide on the application within 20 working days and in accordance with this Part. Additional information 9. An issuing authority may request within 14 working days of receipt of the application an applicant to furnish such additional information as the issuing authority may determine for the proper consideration of the application. (1) (2) The issuing authority must consider and decide on the application within 20 working days the date of receipt of such additional information. Factors to be taken into account by issuing authorities when considering permit applications 10. applicable, take into account When considering a permit application, an issuing authority must, to the extent all applicable legal requirements, in order to ensure that any decision with respect to a permit is consistent with regulation 17; whether the species to which the application relates is listed in terms of section 56, of the Biodiversity Act as a critically endangered species, an endangered species, a vulnerable species or a protected species; the IUCN Red List status of the species; whether the application involves a listed threatened or protected species will be taken or removed from a wild population; whether the restricted activity applied for is prohibited in terms of regulations 23, 24, 26 or 25; whether the issuing authority has cancelled other permits issued to the applicant in terms of section 93 of the Biodiversity Act; all other relevant factors, including (i) all the information and documentation submitted by the applicant to the issuing authority in connection with the application; (a) (b) (c) (d) (e) (t) (g) from .that 32 No. 57 GOVERNMENT GAZETTE, FEBA 37 any additional information required by the issuing authority in terms of section of the Biodiversity Act; whether the restricted activity in respect of which the application is submitted likely to have a negative impact on the survival of the relevant listed threatened or protected species; the biodiversity management plan for the species concerned (if any); any recommendation by the Scientific Authority in terms of section of the Biodiversity Act regarding the application; any risk assessment or expert evidence requested by the issuing authority; any relevant information on the database that SANBI is required to keep in terms of section of the Biodiversity Act; any objections to the application; whether the restricted activity will be carried out by, or will take place in a registered captive breeding operation, commercial exhibition facility, nursery, scientific institution, sanctuary, rehabilitation facility, or by a wildlife trader registered in compliance with these regulations; and whether the restricted activity will be carried out on a registered game farm registered in terms of Chapter 3 of these regulations. Additional requirements for applications involving wild populations of listed critically endangered species 11. the issuing authority must, in addition to the listed in regulation 10, (a) (b) If the application involves a wild populations of listed critically endangered species, require a risk assessment in accordance with regulation 15; and consider whether the restricted activity applied for is in line with the biodiversity management plan for the species involved (if available). Additional factors to be taken into account by issuing authorities when considering applications for hunting 12. When considering an application for a permit to hunt a specimen of a listed threatened or protected animal species, an issuing authority must, in addition to the factors listed in regulation 10 and 11, also take into account: (a) (b) Prohibited activities listed in regulation 24; prohibited methods of hunting as listed in regulation 26; 296 (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) 231 .6.RY201 88(2)(a) 61(1)(c) ll(l)(j) factors permits No. 29657 33 STAATSKOERANT, 23 FEBRUARIE 2007 (c) whether the activity will take place on a registered game farm that is registered in terms of these regulations; whether the activity involves the control of damage causing animals as provided for in regulation 14; in the case of a hunting client, whether he or she will be accompanied by a professional hunter; in the case of a disabled person, the view of the National Council for Persons with Physical Disabilities in South Africa on whether the applicant is a physically disabled person; whether a person applying for a permit is a member of a recognised hunting organisation; and the hunting off-take limits determined by SANBI for a listed threatened or protected animal species determined by the Minister in terms of regulation 72 (if available). (d) (e) (g) Additional factors to be taken into account by issuing authorities when considering applications for game farm hunting permits,- personal, effects permits and nursery possession permits 13. (1) When considering an application for game farm hunting permits, the issuing authority must, in addition to the factors listed in regulation 10, 11 and 12, take the following into consideration: (a) Whether the applicant has a registered game farm that is registered in compliance with Chapter 3 of these regulations; whether the species applied for is a listed threatened or protected species; whether the restricted activity applied for is hunting of a listed threatened or protected species and the subsequent transport and possession of a dead specimen; and whether any permit issued to the landowner of the registered game farm has been cancelled in terms of section 93 of the Biodiversity Act. (b) (c) (d) (2) When considering an application for nursery possession permits, the issuing authority must, in addition to the factors listed in regulation 10 and 11 take the following into consideration: (a) (b) Whether the nursery is registered in compliance with Chapter 3 of these regulations; whether the species applied for is a listed threatened or protected species; (f) (h) 34 No.29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 (c) whether the restricted activities applied for are buying, having in possession, and the transport or conveyance of the specimen as specified in regulation 5 (4); and whether any permit issued to the registered nursery has been cancelled in terms of section 93 of the Biodiversity Act. (d) (3) When considering an application for personal effects permits, the issuing authority must, in addition to the factors listed in regulation 10 and 11 take the following into consideration: (a) Whether the wildlife trader is registered in compliance with Chapter 3 of these regulations; whether the specimens applying for are dead or processed specimens of listed threatened or protected species, including products or derivatives of such species; whether the restricted activities applied for are buying, having in possession, transporting or conveying and or export out of the Republic as specified in regulation and whether any permit issued to the registered wildlife trader has been cancelled in terms of section 93 of the Biodiversity Act. (b) (c) (d) Provisions relating to damage causing animals 14. The provincial department responsible for the conservation of biodiversity in a province, must determine whether a listed threatened or protected species can be deemed to be a damage causing animal. (1) (2) In the case of a damage causing animal originating a protected area, the following control options must be considered by the provincial department referred to in subregulation (1) or the management authority of a protected area: (a) Capture and relocation by the provincial department referred to in subregulation (1) or the management authority of the protected area; (b) control by the provincial department referred to in subregulation (1) or the management authority of a protected area by culling or by using methods prescribed in subregulations (5) and (6); or control by a person, other than a hunting client, designated in writing, by the provincial department referred to in subregulation (1) or the management authority of the (c) I 5(6); from (4), STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 35 protected area to capture and relocate or to control by means of methods prescribed in subregulation (5) and (6). (3) Subregulation (1) does not prevent a landowner from killing a damage causing animal in self-defence where human life is threatened. If a damage causing animal is in an emergency situation (a) the landowner must inform the relevant issuing authority of the incident within 24 hours after it has taken place; and the issuing authority must evaluate the evidence and may condone the action in writing or if necessary, take appropriate steps to institute criminal proceedings. (b) (4) The holder of a permit referred to in regulation and (c) may hunt a damage causing animal by the following means, as specified on his or her permit: poison, which has in terms of applicable legislation, been registered for the purpose of poisoning the species involved and as specified by the issuing authority; bait and traps, excluding gin traps, where the damage causing animal is (i) in the immediate vicinity of the carcass of domestic stock or wildlife which it has or apparently has killed; about to cause damage to domestic stock or wildlife; dogs, for the purpose of flushing the damage causing animal or tracking a wounded animal; darting, for the subsequent translocation of the damage causing animal, and a firearm suitable for hunting purposes. (5) The holder of a permit referred to in regulation and (c) may hunt a damage causing individual by luring it by means (a) sounds; and (b) smell. (6) The holder of a permit referred to in regulation and (c) may hunt a damage causing animal by using a motorised vehicle and flood or spotlights. (a) (b) (c) (d) (e) (4), (ii) killed 5(2)(a) 5(2)(a) of 5(2)(a) 36 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 Risk assessment 15. (1) assessment must, as the issuing authority may determine, include the following: If an issuing authority requests that a risk assessment be carried out, the Information regarding the relevant listed threatened or protected species, including the taxonomy of the species, including the class, order, family, scientific name, scientific synonyms and common names of the species; the national and provincial conservation status of the species, including IUCN Red List Status; the population status and trends of the species, including (aa) its national population status; (bb) the size of its local population which will be affected by the restricted activity in respect of which application is made; and its current national and local population trends; (cc) the geographic distribution and trends of the species, including (aa) (bb) (cc) the geographic distribution trends; the requirements of the species with respect to habitat and climate; the role of the species in its ecosystem, into account (aa) whether the species is a keystone or indicator species; (bb) the species' level in the food chain; and (cc) the functions which the species performs in its ecosystem; and the major threats affecting the species nationally and locally; the distribution of the natural population; the distribution of any translocated and introduced populations; and information regarding the restricted activity in respect of which application is made, including (i) the nature of the restricted activity; (ii) the reason for the restricted activity; (iii) where the restricted activity is to be carried out; (iv) the gender, age and number of the specimens of the species involved; and (v) the intended destination of the specimens, if they are to be translocated; any regulations, policies, norms and standards or international agreements binding on the Republic which may be applicable to the application; (a) (b) (c) (i) (ii) (iii) (iv) (v) (vi) (vii) taking . STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 37 (d) the potential risks associated with the restricted activity to the particular listed threatened or protected species and a specific population of such threatened or protected species or to any other species or ecosystems, including (i) degradation and of a species' habitat; creation of a significant change in an ecosystem caused by the removal or addition of keystone species; over-exploitation of a species; and (iv) hybridisation of species; evaluation of the risk identified under paragraph (d) in terms of (i) (e) the likelihood of the risk being realised; and the severity of the risk and consequences of the realisation of the risk for the particular species as well as for other species, habitats and ecosystems; and (g) (h) options for minimising potential risks; management of potential risks; and any other information as the issuing authority may determine. (2) An applicant must appoint an environmental assessment practitioner at own cost to provide the information required in regulation (3) The applicant must take all reasonable steps to verify whether the environmental assessment practitioner to , be appointed complies with regulation and and provide the environmental assessment practitioner with access to all information at the disposal of the applicant regarding the application, whether or not such information is favourable to the applicant. (a) (b) General requirements for environmental assessment practitioner 16. must (a) be independent; and (b) An environmental assessment practitioner appointed in terms of regulation have expertise in conducting risk assessments, including knowledge of the Biodiversity Act, these regulations and any guidelines that have relevance to the proposed application. fragmentation (ii) (iii) (ii) (t) 15(1). 16(a) (b); 15(2) NO. GOVERNMENT GAZETTE, 23 FEBRUARY 2007 Decision on permit applications 17. (1) be consistent with all applicable legal requirements. When an issuing authority decides upon a permit application the decision must (2) After having taken a decision on a permit application, the issuing authority must, in writing and within 5 working days (a) (b) the applicant of the decision; and if the decision is to refuse the application or to grant the permit on conditions (i) (ii) give reasons for the decision to the applicant if required by the applicant; and inform the applicants of the right to appeal against the decision in terms of Part 2 of Chapter 7 of the Biodiversity Act, if an appeal against the decision is allowed having regard to regulation Part 4: and conditions Issuing of permits 18. (1) (a) (b) If an application is approved, the issuing authority must issue a permit within 5 working days after making the decision; in the name of the applicant, except if it is a game farm hunting permit, a personal effects permit or a nursery possession permit; and containing the information referred to in regulation 19. (c) (2) No permit may be issued with retrospective effect. Contents of permits 19. A permit issued in terms of these regulations must, in addition to matters referred to in section and (ii) of the Biodiversity Act, contain the following ion: (a) (1) The name, identity number or passport number, postal address and physical address of the person to whom the permit is issued, except if it is a game farm hunting permit or a personal effects permit or a nursery possession permit issued to a landowner of a registered game farm or a registered wildlife trader or a registered nursery; the name of the issuing authority; the permit number and date of issue; (b) (c) , 38 29657 notify 54(2). Pennits pennit th.e 90(1)(a)(i) informat STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 39 particulars of the specimen in respect of which the permit is issued, including the scientific and common any) of the species, sub-species or variation involved; particulars of the restricted activity in respect of which the permit is issued, including specific requirements relating to how the activity can be carried out by the permit holder, as determined by the issuing authority; the number of specimens involved, and their sex (if applicable); the markings of the specimen (where applicable); the period of validity; to the extent applicable the name and physical address of a person appointed by the applicant as an agent for purposes of obtaining the permit on the behalf; the name and physical address of the consignee or consignor, in the case of an export or import permit; the name and physical address of the seller or supplier, in the case of a permit authorising the purchase or acquisition of a specimen of a listed threatened or protected species; the name and physical address of the person purchasing or acquiring the specimen of a listed threatened or protected species, in the case of a permit authorising the sale or supply of such a species; in the case of a hunting client, the particulars of the professional hunter; the location and other relevant particulars of the place where the restricted activity is to be carried out; in the case of a standing permit for a registered captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary, rehabilitation facility or a wildlife trader (aa) the physical address of the premises where the captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary or rehabilitation facility will be conducted or in the case of a wildlife trader, the physical address of the premises he will be trading from; (bb) a unique registration number; the case of a permit authorising the possession of elephant ivory or rhinoceros horn (d) (e) (t) (g) (h) (i) (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) in name(if applicant's 40 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 (aa) the weight of each piece of elephant ivory or of each rhinoceros horn or piece of rhinoceros horn; (bb) the length of the elephant ivory or rhinoceros horn and the circumference at the base of the tusk or horn; a description of the markings effected on or any other form of identification effected in respect of each piece of elephant ivory, or each rhinoceros horn or piece of rhinoceros horn as provided for in terms of regulation 70; and (cc) the specific conditions subject to which the permit is issued, if the permit is issued conditionally, and the game farm hunting permit, the personal effects permit and the nursery possession permit must reflect, in addition to the information stipulated in paragraphs (b) - (h) of this subregulation, the registration number or standing permit number of the registered game farm, the registered wildlife trader or the registered nursery. (2) If any norms and standards apply to the restricted activity for which a permit is issued, that permit must be issued subject to a condition that the permit holder is bound by those norms and standards and must act in accordance with those norms and standards when carrying out the restricted activity. (3) A permit authorising the hunting of a specimen of a listed threatened or protected .animal species must specify the instrument and the method by which the animal may be hunted in terms of that permit having regard to regulation 26. (4) A game farm hunting permit, a personal effects permit, or a nursery possession permit must specify that the permit holder must apply for (a) a possession permit referred to in regulation before the game farm hunting permit, the personal effects permit or the nursery possession permit expires; or a permit in terms of regulation if the permit holder wants to carry out a restricted activity with the specimens specified on the game farm hunting permit, a personal effects permit or a nursery possession permit. (b) (j) (k) 5(1) 5(5) No. 29657 STAATSKOERANT, 23 FEBRUARIE 2007 Validity of permits 20. (1) A permit issued for live specimens of listed threatened or protected species is only valid within the area of jurisdiction of the issuing authority or for the specific locality where the restricted activity involving the specimen of a listed threatened or protected species will take place. (2) A permit issued for a dead or processed specimen of listed threatened or protected species or a product or derivative derived a listed threatened or protected species is valid throughout the Republic. Compulsory conditions subject to which hunting permits must be issued 21. (1) All permits, including game farm hunting permits, authorising the hunting of a specimen of a listed threatened or protected animal'species must, in addition to any other conditions the issuing authority may or must impose, be issued subject to the following conditions: (a) The permit holder must have all relevant documentation authorising the hunt on his or her person during the hunt; the permit holder must within 21 days of the hunt furnish the issuing authority with a written return on the hunt stating in the case of a hunting client, that he or she is accompanied by a professional hunter. (b) the permit number and date of issuance of the permit; the species, sex and number of animals hunted; and the location where the hunt took place; and (c) (2) All game farm hunting permits for the hunting of listed threatened or protected species, must, in addition to any other conditions the issuing authority may or must impose, be subject to the following conditions: (a) The landowner of the registered game farm must return all the copies of the game farm hunting permits used during the 12 month period of validity to the issuing authority; and must return any unused permits to the issuing authority. (b) (i) (ii) (iii) from 41 42 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 Period of validity of permits 22. remains valid. (1) A permit must, subject to subregulation specify the period for which it (2) a standing permit which may be issued for a period of (i) No permit remains valid for more than twelve months, except 48 months for provincial departments or national department; 36 months for a registered captive breeding operation; registered commercial exhibition facility; registered game farm; registered nursery; a veterinarian; registered sanctuary; registered rehabilitation facility; a registered scientific institution; and a registered wildlife trader; 48 months for a protected area; a possession permit referred to in regulation which may be issued for a period of 54 months if the permit holder is keeping the specimen in his or her possession without carrying out any other restricted activity; or a game farm hunting permit. a nursery possession permit and a personal effects permit which may be issued for a period of 12 months. Part 5: Circumstances in which permit applications must be refused Applications for translocation of listed threatened or protected animals to extensive wildlife systems 23. An issuing authority must refuse a permit application for the transfer, transport or translocation of a specimen of a listed threatened or protected animal species to an extensive wildlife system (a) animal species and the extensive wildlife system is a protected area; or (b) if such an extensive wildlife system falls outside the natural distribution range if there is a risk of transmitting disease; or hybridisation with other species in that extensive wildlife system. Prohibited activities involving listed large predators, Ceratotherium simum (White rhinoceros) and Diceros bicornis (Black rhinoceros) 24. (1) Ceratotherium simum (White rhinoceros) or Diceros bicornis (Black rhinoceros): The following are prohibited activities involving a listed large predator, (a) (b) (c) (ii) (iii) (i) (ii) (2), 5(5) of that STAATSKOERANT, 23 FEBRUARIE 2007 No.29657 43 The hunting of a listed large predator, Cerutotherium simum (White rhinoceros) or Diceros bicornis (Black rhinoceros) that is a put and take animal; the hunting of a listed large predator, Cerutotherium simum (White rhinoceros) or Diceros bicornis (Black rhinoceros) in a controlled environment; the hunting of a listed large predator, Ceratotherium simum (White rhinoceros) or Diceros bicornis (Black rhinoceros) under the influence of any narcotic, immobilising or similar agent; and the hunting of a listed large predator released in an area adjacent to a holding facility for listed large predators; and the hunting of a listed large predator, Cerutotherium simum (White rhinoceros) or Diceros bicornis (Black rhinoceros) by making use of a trap; the hunting of a listed large predator, Cerutotherium simum (White rhinoceros) or Diceros bicornis (Black rhinoceros), unless the owner of the land on which the animal is to be hunted provides an affidavit or other written proof indicating (i) the period for which the species to be hunted has been on that property, if that species was not born on that property; and that the species to be hunted is not a put and take animal; the breeding in captivity of a listed large predator, unless the prospective breeder provides a written undertaking that no predator of that species will be bred, sold, supplied or exported for hunting activities that are considered prohibited activities in term of paragraphs (a) to (e) of this subregulation; the sale, supply or export of a live specimen of a listed large predator, Cerutotherium simum (White rhinoceros) or Diceros bicornis (Black rhinoceros) bred or kept in captivity unless the person selling, supplying or exporting the animal provides an affidavit or other written proof indicating the purpose for which the species is to be sold, supplied or exported; and that the species is not sold, supplied or exported for hunting activities that are considered prohibited activities in terms of paragraphs (a) to (e) of this subregulat ion; the purchase or acquisition of a live specimen of a listed large predator species, simum (White rhinoceros) or Diceros bicornis (Black rhinoceros) bred or kept in captivity unless the person purchasing or acquiring the species provides an affidavit or other written proof indicating the purpose for which the species is to be purchased or acquired; and (a) (b) (c) (d) (e) (t) (g) (h) (i) (ii) (i) (ii) Ceratotherium (i) tranquilising, gm 4 44 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 that the species is not purchased or acquired for hunting activities that are considered prohibited activities in terms of paragraphs (a) to (e) of this subregulation. (2) Subregulation (1) does not apply to a listed large predator, Ceratotherium simum (White rhinoceros) or Diceros bicornis (Black rhinoceros) bred or kept in captivity which (a) (b) has been rehabilitated in an extensive wildlife system; and has been fending for itself in an extensive wildlife system for at least twenty four months. Prohibited activities involving listed threatened or protected species 25. Encephala rtos species: The following are prohibited activities involving listed threatened or protected The gathering, collecting, plucking, uprooting, damaging, cutting, chopping off, removing or destroying of wild specimens of listed threatened species, except where provided for in a biodiversity management plan approved by the Minister in terms of section 43 of the Biodiversity Act; all trade in listed critically endangered Encephalartos species, except where provided for in a biodiversity management plan approved by the Minister in terms of section 43 of the Biodiversity Act; all trade in wild specimens and artificially propagated specimens with a stem diameter of more than 15 cm, except the following species which cannot be traded with if the stem diameter is more than 7 cm: Encephalartos caffer; E. E. E. E. E. Prohibited methods of hunting 26. (1) An issuing authority considering an application for the hunting of a listed threatened or protected species may not authorise the following methods of hunting, unless is for the management of damage causing animals in accordance with regulation 14: (a) Listed threatened or protected species, may not be hunted by means of (i) poison; (iii) snares; traps, except as provided for in subregulation (2); (ii) Encephalartos (a) (b) (c) humilis; cupidus; cerinus; umbeluziensis; ngoyanus. it (ii) STAATSKOERANT, 23 FEBRUARIE 2007 No.29657 45 (iv) (v) (vi) dogs, except as provided for in subregulation (3); darting, except as provided for in subregulation (4); a weapon which, after it has been discharged, automatically reloads and fires when the trigger thereof is pulled or held in a discharged position; a weapon discharging a rim firing cartridge of of an inch or smaller calibre; shotguns, except for the hunting of birds; and (vii) (viii) (ix) airguns; listed threatened or protected species may not be hunted by luring it, by means of (i) (b) bait, except in the case of (aa) (bb) (cc) lions, leopards and hyena, where dead bait may be used; listed threatened or protected marine and other aquatic species; and invertebrates to be collected for scientific purposes; sounds; (iii) smell; or (iv) except as provided for in subregulation (6) or (7) the animal may not be hunted by using (i) flood or spotlights; motorised vehicles; or aircraft; and the animal may not be hunted if it is any other induced luring method; (c) (d) . under the influence of any tranquillising, narcotic, immobilising or similar agent; or trapped against a fence or in a small enclosure where the animal does not have a fair chance of evading the hunter. (2) the hunting and or catching of listed threatened or protected marine and other aquatic species; collecting invertebrates for scientific purposes; and trapping listed threatened or protected terrestrial vertebrate species for scientific, veterinary or management purposes. Subregulation does not prevent the use of traps for the purpose of (a) (b) (c) (ii) (ii) (iii) (i) (ii) .22 (4),(5), (l)(a)(ii) I 46 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 (3) tracking a wounded animal; or flushing, pointing and retrieving listed threatened or protected species. Subregulation does not prevent the use of dogs for the purpose of (a) (b) (4) Subregulation and (c) does not prevent the darting of an animal by a veterinarian or a person authorised by a veterinarian in writing and in possession of a valid permit, whether on foot or from a motorised vehicle or aircraft, to immobilise or the animal for the purpose of carrying out a disease control procedure or a scientific experiment or for management purposes; veterinary treatment of the animal; or translocating or transporting the animal. (5) Notwithstanding subregulation an aircraft may be used for (ii) culling; and a motorised vehicle may be used for (ii) culling; an animal in an area where the hunt takes place over long ranges; an animal in an area where the hunt takes place over long ranges; allowing a physically disabled or elderly person to hunt. (6) Subregulation and (b) does not prevent the use of the hunting methods or luring methods described in these subregulations for the purpose of controlling damage causing animals in accordance with regulation 14. (7) Subregulation does not prevent the use of flood or spotlights for the purpose of (a) controlling damage causing individuals; (b) (c) culling of listed threatened or protected species; or hunting of leopards and hyenas. (a) (b) (c) (a) (b) (i) (i) (iii) (l)(a)(iv) (l)(a)(v) tranquillise (l)(c) tracking tracking (l)(a) (l)(c) STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 47 (8) An issuing authority may not issue a permit to hunt a listed large predator, Ceratotherium simum (white rhinoceros), niloticus (Nile crocodile), Diceros bicornis (black rhinoceros) or Loxodonta (African elephant) by means of or by the use of a bow and arrow. CHAPTER 3 REGISTRATION OF CAPTIVE BREEDING OPERATIONS, COMMERCIAL EXIBITION FACILITIES, GAME FARMS, NURSERIES, SCIENTIFIC INSTITUTIONS, SANCTUARIES, REHABILITATION FACILITIES WILDLIFE Part 1: Compulsory registration requirements Compulsory registration requirement for captive breeding operations, commercial exhibition facilities, nurseries, scientific institutions, sanctuaries, rehabilitation facilities and wildlife traders 27. (1) No person may conduct a captive breeding operation, commercial exhibition facility, nursery, scientific institution, sanctuary, rehabilitation facility or act as a wildlife trader involving specimens of any listed threatened or protected species, unless that breeding operation, nursery, scientific institution, sanctuary, rehabilitation facility or wildlife trader is registered in terms of this Chapter with the issuing authority. (2) The issuing authority is responsible for the registration of captive breeding operations, commercial exhibition facilities, nurseries, scientific institutions, sanctuaries, rehabilitation facilities and wildlife traders referred to in subregulation (1). (3) A registered nursery may only apply for nursery possession referred to in regulation if the nursery is registered in terms subregulation (1). (4) Registered wildlife trader may only apply for personal effects permits referred to in regulation if the wildlife trader is registered in terms of subregulation (1) 5(4) 5(6) Crocodylus africana TRADERS AND permits 48 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 Registration of game farms 28. A landowner of a game farm may only apply for a standing permit or for game farm hunting permits referred to in regulation and (3) if the game farm is registered in terms of this Chapter. (2) The issuing authority is responsible for the registration of game farms referred to in subregulation (1) Factors to be taken into account by issuing authority 29. account When considering a registration application, the issuing authority must take into all applicable legal requirements in order to ensure that any decision with respect to the registration is consistent with those requirements; whether the species to which the application relates is listed in terms of section 56 of the Biodiversity Act as a critically endangered species, an endangered species, a vulnerable species or a protected species; the purpose for which the captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary or rehabilitation facility is conducted; all other relevant factors, including all relevant documentation and information submitted to it by the applicant; in the case of an application for the registration of a captive breeding operation, commercial exhibition facility, game farm, nursery, sanctuary, rehabilitation facility or as a wildlife trader, whether the applicant is prepared to micro-chip or mark, where appropriate, each specimen of a listed threatened or protected species bred at the captive breeding operation, commercial exhibition facility, game farm, nursery, sanctuary or rehabilitation facility or traded with by the wildlife trader; and in the case of an application for the registration of a game farm, whether the game farm is fenced in accordance with the specifications provided for in provincial legislation. Part 2: New registrations Application for registration A person intending to conduct a captive breeding operation, commercial exhibition facility, nursery, scientific institution, sanctuary, rehabilitation facility or act as a (1) (1) 5(2) (a) (b) (c) (d) (e) or kept . (t) 30. STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 49 wildlife trader which requires registration in terms of regulation must submit an application for the registration of that operation, nursery, institution, sanctuary, facility and or wildlife trader on the form provided by the issuing authority in the relevant province that contains, as a minimum, the information reflected in Annexure 2; (2) A person intending to register a game farm as required in terms of regulation must submit an application for the registration of that game farm on the form provided by the issuing authority in the relevant province that contains, as a minimum, the information reflected in Annexure 3. (3) Applications referred to in subregulations (1) and (2) must be accompanied by (a) (b) documentation or information in support of the' application; and the applicable processing fee set out in Annexure 5. Application affecting rights of other persons 31. (I) rights of a specific person, the applicant must give notice of the application to that person. If the granting of an approval of for a registration application will affect the (2) A person notified of an application in terms of subregulation (1) may within 15 working days of having been notified, submit to the issuing authority, in writing, any objections that he or she has against the application. Consideration of and decision on applications 32. (1) must (a) On receipt of an application in terms of regulation 30, the issuing authority instruct an official in that department to inspect the premises in respect of which the application has been lodged; make a written recommendation as to (i) if the recommendation is to grant the application, any conditions on (b) whether the application must be granted or refused; and which the application must be granted. 27(1), I 28(1), (ii) 50 NO. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 (2) grant the application conditionally or unconditionally; or The issuing authority may (a) (b) refuse the application. (3) having reached a decision on an application, the issuing authority must within 10 working days, in writing (a) notify if the decision is to refuse the application or to grant the application on conditions (i) the applicant of the decision; any person who lodged an objection against the application; and (b) give reasons for the decision to the applicant if so requested by the applicant; and draw the applicant’s attention to the fact that an appeal may be lodged against the decision in terms of Chapter 6 of these regulations. Issuing of registration certificates 33. (1) If the issuing authority decides to grant an application for registration of a captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary, rehabilitation facility or wildlife trader, the issuing authority must issue a registration certificate to the applicant within 10 working days after the decision was made. (2) A standing permit issued in terms of chapter 2, shall be deemed to be a registration certificate for the purpose of this chapter. Contents of registration certificates 34. (1) following information: (a) A registration certificate issued in terms of these regulations must reflect the The name, identity number or passport number and physical address of the person to whom the certification is issued; the physical address of the premises where the captive breeding operation, nursery, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary? rehabilitation facility or wildlife trader operation will be conducted; particulars of the species in respect of which the registration certificate is issued? including the-scientific (genus, species and sub-species) and common name (b) (c) (i) (ii) (ii) After STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 51 (d) particulars of the activities to be conducted at the captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary; rehabilitation facility the specific conditions subject to which the registration is issued, if the registration issued conditionally; the period of validity of the registration certificate not exceeding 36 months. (e) (2) If any norms and standards apply to the captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary, rehabilitation facility or wildlife trade for which a registration is granted, that registration must be issued subject to a condition that the registration holder is bound by those norms and standards and must act accordance with those norms and standards in conducting that captive breeding operation, commercial exhibition facility, game farm, nurshy, scientific institution, sanctuary, rehabilitation facility or wildlife trade Compulsory conditions for the registration of captive breeding operations, commercial exhibition facilities and rehabilitation facilities 35. A registration certificate issued in respect of a captive breeding operation, rehabilitation facility and a commercial exhibition facility must be subject to a condition that the person to whom the registration certificate is granted to, must (a) (b) (c) prevent hybridisation and or inbreeding; keep a studbook, where appropriate; provide information relating to paragraphs (a) and (b) of this regulation to the issuing authority within three months after the end of each calendar year. Additional compulsory conditions for the registration of commercial exhibition facilities 36. A registration in respect of a commercial exhibition facility must, in addition to any other conditions the issuing authority may impose and the compulsory conditions in regulation 35, be subject to a condition that the person to whom the registration is granted must, if it is a travelling exhibition, inform the province to which it will be going at least two months prior to leaving the province it is registered in. JS (t) in 52 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 Compulsory condition for the registration of sanctuaries 37. A registration certificate issued in respect of a sanctuary for listed threatened or protected species must be subject to the condition that no breeding will be allowed in the sanctuary. CHAPTER 4 RENEWAL, AMENDMENT CANCELLATION OF PERMITS REGISTRATION CERTIFICATES Part Renewal and amendment of permits and registration Renewal of permits and registration certificates 38. (1) The holder of a permit or registration certificate may, before the expiry of the period for which a permit or registration certificate was issued, apply in writing to the issuing authority which issued the permit or registration certificate for the renewal of that permit or registration certificate. (2) the reasons for the application; and the applicable processing fee as set out in Annexure 5 to these regulations and the species fee as determined by the issuing authority, if the restricted activity applied for is hunting. An application referred to in subregulation (1) must be accompanied by (a) (b) Consideration of and decision on renewal applications 39. (1) (a) (b) On receipt of an application in terms of regulation 38, an issuing authority must consider the application; and may require the applicant to furnish additional information. (2) authority must (a) After having reached a decision on an application for renewal, the issuing if the application was approved, issue a new permit or registration certificate in the name of the applicant; and if the application was refused (i) (b) the applicant of the decision, in writing give reasons for the refusal if required by the applicant; and AND AND I: certificates notify (ii) STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 53 inform the applicant of his or her right to appeal against the decision. Amendment of permits or registration certificates 40. (1) (a) regulation 41; or (b) The issuing authority may amend a permit or registration certificate on application by the holder of the permit or registration certificate in accordance with on the issuing authority's own initiative in accordance with regulation 43. (2) A permit or registration certificate may be amended by (a) removing a condition; (b) changing a condition; (c) adding a condition; (d) (e) updating or changing any detail on the permit or registration certificate; or correcting a technical or editorial error on the permit or registration certificate. Applications for amendment by holder of permit or registration certificate 41. (1) issuing authority for an amendment of the permit or registration certificate. The holder of a permit or registration certificate may at any time apply to the (2) on an official application form determined by the issuing authority and containing, as a minimum the information as set out in Annexure 4 and obtainable the issuing authority; and accompanied by the applicable processing fee set out in Annexure 5. An application in terms of subregulation (1) must be (a) (b) Consideration of and decision on applications for amendment 42. (1) (a) On receipt of an application in terms of regulation 41, the issuing authority must consider whether the granting of the application is likely to adversely affect the environment or the rights or interest of other parties; and may require the applicant to furnish additional information. (b) (iii) from 54 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 (2) the application is for a non-substantive amendment to the environmental authorisation, or the environmental rights or interests of other parties are not likely to be adversely affected; or the environment or rights or interests of other parties are not likely to be adversely affected. The issuing authority must promptly decide on the application (a) (b) (3) If the application is for a substantive amendment, or if the environment or rights or interests of other parties are likely to be adversely affected, the issuing authority, must before deciding on the application consider the relevant factors in Chapter 2 of these regulations. (4) the applicant of the decision, in writing; and if the application was approved, issue an amended permit or registration certificate to the applicant; or if the application was refused (i) After having reached a decision on an application, the issuing authority must (a) (b) (c) give reasons for the refusal to the applicant; and draw the applicant’s attention to the fact that an appeal may be lodged against the decision in terms of Chapter 6 of these regulations. Amendment on initiative of issuing authority 43. it is necessary (a) The issuing authority may on own initiative amend a permit or registration certificate if for the more effective protection of the listed threatened or protected species which the permit or registration relates; for the more effective enforcement of the Biodiversity Act or these regulations; to give effect to any norms and standards that apply to the relevant captive breeding operation, commercial exhibition facility, game farms nursery, scientific institution, sanctuary, rehabilitation facility or wildlife traders; or to correct technical or editorial errors on the permit or registration certificate. (b) (c) (d) U if notify (ii) to' No. 29657 55 STAATSKOERANT, 23 FEBRUARIE 2007 Process 44. The issuing authority (a) must the holder of the relevant permit or registration certificate, in writing, of (i) the proposed amendment; and (ii) must afford the holder of the permit or registration certificate a reasonable opportunity to submit representations regarding the proposed amendment. the reasons for the proposed amendment; and (b) Decision 45. certificate, the issuing authority must (a) After having reached a decision whether or not to amend the permit or registration the holder of the permit or registration certificate, in writing, if the permit or registration certificate is not to be amended; if the decision is to amend the permit or registration certificate - (b) give reasons for the decision to the holder of the permit or registration certificate; issue an amended permit or registration certificate to the holder; and draw the attention of the holder of the permit or registration to the fact that an appeal may be lodged against the decision in terms of Chapter 6 of these regulations. (ii) Consideration of renewal of permit or registration certificate (1) The issuing authority may consider renewing a permit or registration certificate conditions subject to which the permit or registration was issued complied with; there is no evidence that the permit holder or the operation, facility, game farm or institution is managed in a manner which is detrimental to the species kept by the permit holder or at the operation, facility, game farm or institution; and the conservation status of the species has been maintained or has improved, or the legislation that affects the continuation of the permit or registration has not changed. 46. if notify notify (i) (iii) (a) all (b) (c) wer~ 56 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 (2) If the conservation status of the species has deteriorated or the legislation has changed, the issuing authority may request a risk assessment to be submitted prior to considering renewal of the permit or registration certificate. Part 2: Cancellation of permits and registration certificates Cancellation of permits and registration certificates 47. (1) section 93 of the Biodiversity Act. An issuing authority may cancel a permit in the circumstances specified in (2) The issuing authority may cancel the permit or registration of a captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary, rehabilitation facility or a wildlife trader if the permit or registration certificate holder has breached a condition subject to which the permit was issued or registration was registered; the operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary or rehabilitation facility is managed, or a wildlife trader is operating, in a manner which is (i) detrimental to the specimens being bred, reared, propagated, or kept at such operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary, rehabilitation facility or wildlife trading premises; not in accordance with any information provided to the issuing authority or there is a change in the conservation status of the relevant species being bred, propagated or kept by a permit holder or at such facility that affects the continuation of the permit or registration. (3) An issuing authority considering the cancellation of a permit or registration certificate in terms of subregulation (1) and (2) must (a) notify the holder of that permit or registration certificate that cancellation of the permit or registration certificate is being considered, together with the reasons for the proposed cancellation; and afford the holder of the permit or registration certificate a reasonable opportunity to submit representations regarding the proposed cancellation. (b) (a) (b) (c) (ii) . STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 (4) After having reached a decision on the cancellation of the permit or registration certificate, the issuing authority must (a) (b) notify the permit or registration certificate holder of the decision, in writing; and if the decision is to cancel the permit or registration instruct the permit or registration certificate holder to return the permit within 30 days; and inform the permit or registration certificate holder of the right to appeal against the decision. Cancelled permits and registration certificates to be returned to issuing authority 48. (1) The holder of a permit or registration certificate which has been cancelled must return the permit or registration certificate to the issuing authority within 30 days of the date of cancellation. (2) Any failure by a permit holder to return a cancelled permit in accordance with subregulation (1) must be taken into account by an issuing authority when considering any future application from that person in terms of regulation 6 or 30. Permits or registration certificates may not be transferred 49. (1) (2) No permit or registration certificate may be transferred to any other person. In the event of a change in ownership, the holder of the permit or registration certificate must apply for the amendment of such permit or registration certificate, which amendment must not unreasonably be withheld by the issuing authority. Lost or stolen permits and registration certificates An issuing authority may, on the written request of a permit or registration certificate holder, issue a replacement of that permit or registration certificate if the original was lost or stolen, provided that such request is accompanied by (a) proof that the original was lost or stolen or an affidavit by that permit or registration certificate holder stating that the permit or registration certificate was lost or stolen; and the applicable processing fee specified in Annexure 5. (b) 57 (i) (ii) so. 58 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 CHAPTER HUNTING ORGANISATIONS Recognition of hunting organisations 51. (1) recognition as a hunting organisation, A hunting organisation must apply in writing to the Director-General for (2 ) Any hunting organisation, which is in existence on the date that these regulations take effect, must apply in writing to the Director-General for recognition as a hunting organisation, within three month after the coming into effect of the regulations. (3) applicant (a) An application in terms of subregulation (1) and (2) must be approved if the has adopted a code of ethical conduct and good practices, which is ascribed to by its members and acceptable to the Director General; gives a written undertaking to the Director-General that it will (i) (b) enforce its code of ethical conduct and good practices against members, who breach the code; (ii) report to the Director-General or the South African Police Service any case of alleged criminal conduct by any of its members involving the hunting of a listed threatened or protected species or a breach of any conditions subject to which any national hunting permit was granted to such member; and (c) from disadvantage communities as members. has a clear policy on broad based black economic empowerment to include persons Codes of ethical conduct and good practice 52. (a) The code of ethical conduct and good practices of a hunting organisation must require its members to act in strict compliance with (i) legislation regulating the hunting industry; and any conditions subject to which national permits are granted to a member; (b) define criteria for the hunting of listed threatened or protected species in accordance with the fair chase principle; 5 (ii) hunting STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 59 (c) require its members to act in strict compliance with those criteria when hunting a listed threatened or protected species; and provide for disciplinary steps against any member who breaches a provision of the code, which should include steps for the suspension or expulsion of such a member from the organisation. (d) Withdrawal of recognition of hunting organisations (1) The Director-General may by written notice to a recognised hunting organisation withdraw the recognition of that organisation if it fails to honour its written undertaking given to the Director-General in terms of regulation (2) The Director-General must the organisation that withdrawal of its recognition is being considered, together with the reasons for the proposed withdrawal; and afford the organisation a reasonable opportunity to submit written representations regarding the proposed withdrawal of its recognition. (a) (b) 6 APPEALS Application 54. (1) regulations; This Part applies to a decisions taken by an issuing authority in terms of these (2) No appeal lies against decisions taken by the Minister personally in his or her capacity as an issuing authority. Lodging of appeal 55. (1) A person who feels aggrieved by a decision taken by an issuing authority in terms of these regulations, may appeal to the Minister within 30 days of being notified of such a decision; (2) set out the grounds for the appeal; and An appeal must be submitted to the Director-General and must (a) 53. 51(3)(b). notify CHAPTER 60 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 (b) be accompanied by supporting documentation which is referred to in the appeal and which is not already in the possession of that issuing authority; and the applicable processing fee as set out in Annexure 5. (3) the Minister must either consider and decide the appeal; or designate a panel to consider and decide the appeal. (a) (b) (4) If the Minister decides that the appeal must be decided and considered by an appeal panel, the Minister must designate (a) (b) a number of persons with appropriate knowledge as member of the panel; one of the panel members as the presiding member. (5) The presiding member decides where and when the panel meets. (6) An appeal panel must (a) consider the regulations in accordance with the prescribed procedure; (b) keep records of its proceedings and decisions. Processing of appeals 56. The Director-General must (a) (b) acknowledge receipt of the appeal within 14 working days; and submit the appeal to the Minister together with (i) the reasons for the decision against which the appeal is lodged; and all relevant information in the possession of the issuing authority which was taken into account when the decision was taken. Appeal panel 57. (1) the appeal must be submitted to that appeal panel. If the Minister decides to appoint an appeal panel all documentation relating to (2) two members, a decision of the panel must be unanimous; or If the appeal panel consists of (a) (i) (ii) (ii) . STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 (b) more than two members, a decision is taken by the majority of the members of the panel. (3) The presiding member of the panel designated in terms of section of the Biodiversity Act presides at meetings of the panel. (4) An appeal panel must (a) consider and decide the appeal within 30 days of its designation for the relevant appeal in terms of section of the Biodiversity Act; and inform the Director-General of its decision, together with reasons. (b) Decisions 58. (1) (a) (b) The Minister or appeal panel considering the appeal may either uphold or refuse the appeal; and when upholding or refusing the appeal; make such other orders as he may deem appropriate. (2) a refusal to issue a permit or registration certificate, the Minister or appeal body may issue the permit or registration certificate unconditionally or subject to conditions; a condition subject to which the permit or registration certificate was issued, the Minister or appeal body may amend the condition; the cancellation or refusal to renew or amend a permit or registration certificate, restore the permit or registration, renew the permit or registration certificate or amend the permit or registration certificate. If the appeal is upheld against (a) (b) (c) (3) When an appeal has been decided the appellant must be notified in writing of the decision within 14 working days of the date the decision was taken, of such a decision. 61 95(1)(b) 94(2)(c) 62 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 CHAPTER 7 SCIENTIFIC AUTHORITY Part 1 :Establishment, composition and operating procedures Establishment 59. A Scientific Authority is hereby established. Composition (1) The Scientific Authority consists Two members to represent the Department; one member to represent each provincial department; one member to represent South African National Parks; one member to represent SANBI; one member to represent the natural history museums; and one member to represent the National Zoological Gardens. (2) The Minister appoints the members of the Scientific Authority. (3) The Director General must request each provincial department, South African National Parks, the SANBI, the natural history museums or the National Zoological Gardens, as the case may be, to nominate persons for appointment to the Scientific Authority in accordance with subregulation (1). Chairperson and deputy chairperson 61. (1) Whenever necessary, the Minister must appoint one of the of the Scientific Authority as the Chairperson and another of the members as the Deputy Chairperson of the Scientific Authority. (2) the Chairperson is absent or unable to perform the functions of chairperson; or the office of chairperson is vacant. The Deputy Chairperson acts as chairperson (a) (b) 60. (a) (b) (c) (d) (e) (f) of: if members . STAATSKOERANT, 23 FEBRUARIE 2007 No.29657 63 Term of office 62. renewed if approved by the Minister for another term. The term of office for a member of the Scientific Authority is four years and can be Removal from office 63. on the ground of: The Minister may remove a member of the Scientific Authority from office, but only (a) Misconduct, incapacity or incompetence; (b) insolvency; or (c) conviction of a criminal offence without the option of a fine. Filling of vacancies must fill the vacancy in accordance with regulation Whenever a vacancy arises in the membership of the Scientific Authority, the Minister Meetings 65. (1) The Scientific Authority must meet at least once a year to develop a report to the Minister regarding compliance with provisions in terms of section 61 of the Biodiversity Act. (2) The Chairperson may convene additional meetings as and when necessary. Expert advisors 66. service to be present and speak at meetings. The Scientific Authority may co-opt expert advisors from within or outside the public Participation in meetings by way of electronic or other media 67. A member of the Scientific Authority or another person co-opted to participate in a meeting, who is not present at the meeting, may participate in the meeting by telephone, radio, closed-circuit television, the internet or any other medium of instantaneous communication, provided that (a) (b) all a facility for such communication is available; and the person who is not present at the meeting and the persons present at the meeting are (i) audible to one another, if participation is by telephone, radio or the internet; or 64. 60(3). 64 No.29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 audible and visible to one another, if participation is by closed-circuit television. Procedures 68. The Scientific Authority determines its own internal procedures. Quorum and decisions 69. (1) time a meeting is held, constitutes a quorum for a meeting of the Scientific Authority. A majority of the persons serving as members of the Scientific Authority at the (2) A matter before a meeting of the Scientific Authority is decided by a supporting vote of a majority of the members present at the meeting. (3) A member of the Scientific Authority who participates in a meeting accordance with regulation 67 must for the purpose of subregulation (2) be regarded as being present at the meeting. CHAPTER MISCELLANEOUS of elephant ivory and rhinoceros horn 70. (1) Any person who is in possession of elephant ivory or rhinoceros horn must within three months of commencement of these regulations apply in writing to the issuing authority in the relevant province to have such elephant ivory or rhinoceros horn (a) permitted; (b) (c) marked in accordance with subregulation (3); and registered on the national database for elephant ivory and rhinoceros horn. (2) If the elephant ivory or rhinoceros horn, in respect of which the application contemplated in subregulation (1) is made, has already been marked and registered in terms of other relevant legislation, the application referred to in subregulation (1) shall be accompanied by proof of such marking and registration. (ii) m 8 Marking STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 65 (3) The issuing authority, if satisfied that the possession of the elephant ivory or rhinoceros horn is lawful, must, at the expense of the person applying for marking (a) ink, using the following formula: mark the elephant ivory by means of punch-die, or if not practicable, with indelible (i) The country-of-origin two letter code and the last two digits of the particular year, followed by a forward slash; the serial number for the particular year, followed by a forward slash; and the weight of the ivory in kilograms; or (ii) mark the rhinoceros horn by means of a micro-chip. (b) (4) In the case of an application in terms of subregulation if the marking requirements as stipulated in subregulation 3 (a) and (b) are met, the existing should be accepted and the information reflected in the permit. Transitional provision in respect of existing captive breeding operations, commercial exhibition facilities, game farms, nurseries, scientific institutions, sanctuaries, rehabilitation facilities or wildlife traders 71. (1) Any person who, immediately before the commencement of these regulations, conducts a captive breeding operation, commercial exhibition facility, game farms, nursery, scientific institution, sanctuary, rehabilitation facility or wildlife trader involving specimens of a threatened or protected species referred to in regulation and must, within three months of such commencement, apply for registration of that captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary, rehabilitation facility or wildlife trader in terms of Chapter 3 of these regulations. (2) If an application referred to in subregulation (1) is refused in terms of regulation because the applicant does not meet the requirements for captive breeding operations, commercial exhibition facilities, game farm, nurseries, scientific institutions, sanctuaries, rehabilitation facilities or wildlife traders, the issuing authority must, after the applicant of the refusal, afford the applicant an opportunity to comply with such requirements and to reapply within 9 months after the refusal. ISO (iii) (2), marking 27(1) 28(1) 32(3)(b) notifying 66 NO. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 Setting of annual hunting off-take limits 72. (1) must each year before the end of September determine for the following year, annual hunting off-take limits for the country as a whole and per province in respect of a listed threatened or protected animal species determined by the Minister. (2) Hunting off-take limits set in terms of this regulation do not apply to listed threatened or protected animal species culled in protected areas in accordance with the management plans of the respective area. Offences (1) undertakes a restricted activity involving a threatened or protected species without a permit; fabricates or forges any document for the purpose of passing it as a permit or certificate of registration; knowingly makes any false statement or report for the purpose of obtaining a permit or certificate of registration; or alters, erases or in any way tampers with the markings made on elephant ivory or rhinoceros horn in terms of regulation 70. A person is guilty of an offence if that person (2) A person registered to conduct a captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary, rehabilitation facility or to operate as a wildlife trader is guilty of an offence if that person conducts such captive breeding operation, commercial exhibition facility, game farm, nursery, scientific institution, sanctuary, rehabilitation facility or operates as a wildlife trader in a manner that is not in accordance with any condition subject to which registration was granted; or fraudulently alters any certificate of registration issued in terms of regulation 32. (3) that person fraudulently alters any game farm hunting permit issued in terms of regulation prohibited activities takes place on the registered game farm; or A person who owns a registered game farm is guilty of an offence if 73. (a) (b) (c) (d) (a) (b) (a) (b) SANBI 5(3); STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 67 any conditions of the registration certificate, standing permit or game farm hunting permits were contravened. (4) that person fraudulently alters any nursery possession permit issued in terms of regulation or any conditions of the registration certificate, standing permit or nursery possession A person who owns or operates a registered nursery is guilty of an offence if permits were contravened. (5) that person fraudulently alters any personal effects permit issued in terms of regulation or any conditions of the registration certificate, standing permit or personal effects permits were contravened. A person who operates as a registered wildlife trader is guilty of an offence if Penalties 74. (a) A person convicted of an offence in terms of regulation 73 is liable to a fine of or three times the commercial value of the specimen in respect of which the offence was committed, whichever is the greater; to imprisonment for a period not exceeding five years; or to both a fine and such imprisonment. (b) (c) Short title and commencement 75. These regulations are called the Threatened or Protected Species Regulations, 2007, and take effect on a date determined by the Minister by notice in the Government Gazette. (c) (a) (b) (a) (b) 5(6); 5(4); RlOO 000-00 68 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 ORDINARY GAME FARM HUNTING PERMIT 1 STANDING POSSESSION NURSERY POSSESSION PERSONAL EFFECTS PERMIT PERMIT APPLICATION FORM FOR IN TERMS OF THE NATIONAL ENVIRONMENTAL ACT (ACT OF 2004) AUTHORISING RESTRICTED INVOLVING THREATENED OR PROTECTED SPECIES A. APPLICANT DETAILS: NAME: IDENTITY OR PASSPORT NO: TEL NO: FAX NO: E-MAIL POSTAL ADRESS: PHYSICAL ADDRESS: KIND OF RESTRICTED ACTIVITY APPLIED FOR (see section G in the case of a professional hunt): I I I I ANNEXURE APPLICATION PERMIT/S MANAGEMENT: BIODIVERSITY 10 ACTIVITY/-IES LISTED C. STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 69 FROM: PHYSICAL ADDRESS: Possession Hunt Catch Capture Gather Growing Breeding/ Other applicable restricted activity: PHYSICAL ADDRESS: POSTALADDRESS PROPERTY WHERE RESTRICTED ACTIVITY WILL TAKE PLACE TO: PHYSICAL ADDRESS: I FROM: Transport Convey Export Import Buy Sell Other applicable restricted activity: TO: E. SPECIES INVOLVED: SCIENTIFIC NAME COMMON NAME QUANTITY SPECIMEN (such as sex, size, age, derivatives F. PERIOD OF VALIDITY OF PERMIT ADDITIONAL INFORMATION FOR PROFESSIONAL HUNT: HUNTING CLIENT APPLICANT DETAILS: HUNTING CLIENT NAME: PASSPORT NUMBER: PHYSICAL ADDRESS: D. ~ G. (i) I I I I I I (dd/mm/year) AND I I I I I I PARTICULARS OF markings, ---- j etc.) · (dd/mm/year) 70 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 HUNTING OUTFITTER NAME: TEL NO: PROFESSIONAL HUNTER NAME: TEL NO: DURATION OF HUNTING TRIP: NAME OF INSPECTION OFFICIAL DATE: DEPARTURE DATE: SIGNATURE OF INSPECTION OFFICIAL H. REGISTRATION NUMBER (if applicable): ADDITIONAL INFORMATION FOR STANDING PERMITS: DATE: AMOUNT RECEIPT APPROVED REFUSED NR NAME OF PERMIT OFFICIAL . SIGNATURE OF PERMIT OFFICIAL (iii) I ARRIVAL (dd/mm/year) (dd/mm/year) DATE: APPROVED/REFUSED I PAID STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 71 ANNEXURE 2 APPLICATION INFORMATION FOR REGISTRATION OF CAPTIVE BREEDING OPERATIONS, COMMERCIAL EXHIBITION FACILITIES, NURSERIES, SCIENTIFIC INSTITUTIONS, SANCTUARIES, REHABILITATION FACILITIES WILDLIFE TRADERS A. B. C. D. E. Applicant details, including name; identity no; telephone no; cellphone no; fax no; mail; postal address and physical address Facility details, including name of facility, farm name and registration number if applicable); kind of facility; address of premises where facility will be conducted and date of establishment Listed threatened or protected species involved, including scientific names; common name; quantity and size; markings (where applicable) Restricted activities to be undertaken at facility Information to be submitted in case of application for registration of captive breeding operation and commercial exhibition facilities that keep animals: Details of the number and age (if known or appropriate) of males and females that comprise the parental breeding stock. Evidence of legal acquisition. Current stock (numbers, by sex and age of progeny held addition to parental breeding stock above). Information on the percentage mortalities and, where possible, on the percentage mortalities in the different age groups and between males and females. Past, current and expected annual production of offspring and, where possible, information on the number of females producing offspring each year. An assessment of the anticipated need for, and source of, additional specimens to augment the breeding stock to increase the genetic pool of the captive population in order to avoid deleterious inbreeding. (a) (b) (c) (d) (e) (t) AND e in 72 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 Detailed description of the marking methods used for the breeding stock and offspring. Description of the strategies used by the breeding operation, or other activities, that contribute to improving the conservation status of wild populations of the species. Description and schematic diagram of the facilities to house the current and expected stock. Security measures to prevent escapes and/or thefts. Number and size of breeding, rearing enclosures and egg incubation (as appropriate). Food production or supply. Removal of waste. Availability of veterinary services. F. Information to be submitted in case of application for registration of sanctuary and rehabilitation facility: (a) Description and schematic diagram of the facilities to house the current and expected stock. Security measures to prevent escapes and/or thefts. Number and size of breeding, rearing enclosures and egg incubation (as appropriate). (b) (c) (d) Food production or supply. (e) Removal of waste. Availability of veterinary services. (g) Measures taken to prevent breeding in sanctuaries. G. Information to be submitted in case of application for registration of nursery: (a) (b) Description of the historical background of the nursery, in particular information on which species or plant groups have been propagated in the past. Taxa currently in propagation (only relevant listed threatened or protected species). Description of the facilities and the propagation techniques. (c) (g) (h) (i) (j) (k) (1) (m) (n) (t) STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 73 (d) Description of the (listed threatened or protected species) parental stock of wild origin, including quantities and evidence of legal acquisition. Mother plants must be micro-chipped, photos taken thereof and submitted. (e) H. Information to be submitted in case of application for registered wildlife trader: (a) Evidence of legal acquisition. (b) (c) (d) (e) Current and anticipated stock to be kept. Past, current and anticipated turnover of stock. Information relating to record keeping. Security measures to prevent thefts. 74 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 APPLICATION INFORMATION FOR REGISTRATION OF A GAME FARM A. Applicant details, including name; identity no; telephone no; cellphone no; fax no; mail; postal address and physical address B. Property details, including property description in terms of title deed; registered owner; physical address; postal address; registered owner contact details (if different applicant details); telephone no; cellphone no and fax no. C. Listed threatened or protected species involved, including scientific name (species, sub-species and variation), common name, population size and markings (if any). D. Restricted activities to be undertaken on game farm E. Information relating to management of populations of listed threatened or protected species the game farm: (a) Details of the number and age (if known or appropriate) of males and females of each listed species currently on game farm. Details relating to fencing. The certificate of adequate enclosure or comparable document as issued by the provincial authority must be attached to the (b) application form. (c) Past, current and expected annual production of offspring and, where possible, information on the number of females producing offspring each year. An assessment of the anticipated need for, and source of, to augment the breeding stock to increase the genetic pool of the population in order to avoid deleterious inbreeding. Detailed description of the marking methods used (if any). Details regarding measures strategies to prevent hybridisation. Description of the strategies used by the game farmer, or other activities, that contribute to improving the conservation status of wild populations of the species. . (d) (e) ( g ) ANNEXURE3 e from & additional.specimens (t) I STAATSKOERANT, 23 FEBRUARIE 2007 No. 29657 75 ANNEXURE 4 APPLICATIONS FOR OF PERMITS OR REGISTRATION CERTIFICATES OF CAPTIVE BREEDING OPERATIONS, GAME FARMS, NURSERIES, SCIENTIFIC INSTITUTIONS, SANCTUARIES, REHABILITATION FACILITIES, WILDLLFE TRADERS A. Applicant details, including name, identity no, telephone no, fax no, cellphone no, mail, postal address and physical address B. Details of current permit or registered facility, including the kind of facility, the name of the permit holder or facility, the address of the permit holder or facility, the permit number or registration certificate number and the date it was issued. C. Details of applied for and reasons (if appropriate) 4 . RENEWAL/AMENDMENT/ AND e renewaVamendment 76 No. 29657 GOVERNMENT GAZETTE, 23 FEBRUARY 2007 ANNEXURE 5 PROCESSING FEES Regulation all restricted activities Renewal Amendment of registration Fee International import export re-export permit application R1OO.OO , R50.00 ing Game hunting permit (per registered game farm) Nursery possession permit - R500.00 (per registered nursery) Personal effects permit - (per registered wildlife trader) Possession permit - R50.00 R50.00 R50.00 6(3)(b) I I RS0.00 Hunting/catching/killing Gathering/plucking/collecting RS0.00 Conveying/moving/translocation -RS0.00 Growing/breeding/propagating Selling/buying/receiving/giving/donat RS0.00 fat'm RS00.00 RS00.00 30(3)(b) - Registrations Rl 000.00 38(2)(b) 41(2)(b) R200.00 S0(b) - Lost / stolen permit RS0.00 55(2)(b )(ii) - Lodging an appeal