Fauna Conservation (Batawana Tribal Territory) Regulations, 1967 (S.I. No. 65 of 1967)

Statutory lnstru.men.t No. 65 of 1967 THE FAUNA CONSERVATION PROCLAMATION, 1961 THE FA.UNA CONSERVATION (BATAWANA TRmAL TERRITORY) HUNTING REGULATIONS, 1967 {Published on 10th November, 1967). In the exercise of the powers vested in him by section 4(1). as real with section 93, of the Fauna Conservation Proclamation, 1961 and after consultation with the Chief of the Batawana tribal territory and the appropriate District Council, the Minist.er or Com• merce, Industry and Water Affairs hereby makes the following regulations Citation, Application and Commencement 1. (1) These r~ulations may be cited as the Fauna conservation (Batawana Tribal Territory Hunting Regulations, 1967, and shall come into effect on the 1st January, 1968. (2) These regulations shall ~ply to members of the Batawana Tribe when bunting on the tribal territory. Interpretation 2. In these regulations, unless the context otherwise re(J.lires ''Chief" means the Chier of the Tribe and includes any person pedonning the func tions of Ohief: D.317 "conserved animals" means the ooimals prescribed in Part I of the First Schewle: "lict!llce .. mi:,a11s a c.,urrwt and valid licence issued under regulatlon 8; "licence fee" means the fee prescribed in the Third Schedule; "member" means memb« of the Tribe; "protected game" means the animals prescribed in the first column of Part n of the First Schedule; .. tribal game" means the animals prescribed in the first oolwnnof the Second Schmule; "tribal territory0 means the territory of the Tribe; "Tribe" means the Batawana Tribe. Restriction on Hunting Conserved Animals a. (1) No member shall capture or hunt a conserved animal. (2) Any person who contravenes the provisions of subregulation (1) shall be guilty or an ommce and liable nn convintion tn the pmalt.ies prescribed in regulation 13. ReslrictJou on HDDting Protected Game 4. (1) Subject to the provisions of regulations 7, 10 and 11, no member shall hunt protected game without being inpassession of a licence pennitting him to do ao. (2) The total number of animals, being protected game, which ma,y be killed in any year by all licence holders shall not exceed the number preRnribAd in rP.spect of an animal in the ·second oolumn of Part II of the First Schedule and no licence shall be issued which authorises the killing of any protected game in excess of the number prescribed in the third column thereof. (3) Any person who contravenes the provisions of subregulation (1) shall be guilty of an offence and liable on conviction to the pm.alties prescribed in regulation 13. Tribal Game 5. (1) Subject to the provisions of regulation 7. no member shall bunt tribal game without being in possession of a licooce PErmitting him to do so and no licmce ·shall be issued whlch authori'ses the killing of any tribal game in excess of the number prescribed in the second oolumn of the Second Schedule. (2) Any person mo contravenes the provisions of ·subregulation (1) shall be guilty of an offence and liable on con vicLion to Uu: ptualtie~ prescribed 1n regulation 13. Licence No& Required for Hunting Certain Animals 6. A li~en~e ·shall not be required by a member to hunt animals othEll' than those specified in the First and Second Schedules. Close Season 7. (1) Notwithstanding the provi-si.ons of regulations 4 and 5, no member shall hunt protected game or tribal game between the 16th November in any year and the 14th March in the yearnext following. D.318 (2) Any person who contravenes the provision of subregulation (1) shall be guilty Of an orrooce and liable on conViction to the penal.ties prescnoed in regulation 13. Appointment of Licensing Officers 8. (1) The Chief in Council shall appoint licensing officers for the putpose of i'ssuing licences under these regulations. (2) A licoosing officer ·shall, subject to the provisions of these regulations and any direction which may be given by the Chief for the better cooaervation of ~me and the e(Jrltable apportionment of rights to hwit between members, issue a licence to a member on receipt by him of the licence fee: ProVided tb.a.t no llcence authorising the hunting of protected game sllall be issued save by or oo the authority of the Chief. (3) For the purposes of subregulation (1) "Chief in Council" means the Chief acting after consultation with the North West District council. Wceoces 9. (1) A licence eball specify the period of validity of the licence, the name of the person to whom it is issued and the number and species of animals which may be killed by the holder thereof: Provided that no licence authorizing the hunting of protected game shall be valid for a pE'l'iod in excess or 90 days. (2) A licaice shall not authorise the hunting of protected game unless such autho rity is expressly oonferred by the licence and, if so conferred, it :,hall authorise tlle hunting (A the number and !'{lecies of animals specified in the licence only. (3) A licence authorising the hunting of tribal game shall authorise the hunting of the number and species of animals specified in the licence only, and shall be in respect of either animals listed in Part I of the Second Schedule or animals listed in Part II thereof. (4) The fees prescribed in the Third Schedule shall be paid for a lic~ice. (5) All licence fees shall be paid into the revenue or the North West District Council. (6) No licaice shall be transferable. Destruction of Animals in self Defence 10. (1) Notwithstanding anything contained in these regulations, it shall be lawful for any member to kill or injure any wild animal in defence or himself or other person if immediately and absolutely necessary. (2) The burden (A proving that any animal has been killed or injured in accordance with the provisions of this section shall lie upon the person who killed or injured such animal. D.319 Destruction or Animals Causing Damage to Livestock, etc. 11. (1) Notwithstanding anything containoo in these regulations, it shall be lawful for the occupier of land or any member authorised by him to destroy on auoh land any wild animal causing damage to any livestock, crops, water installation or fooce. (2) The Chief may authorise the killing of, and it shall be lawful to kill or injure in acoorilanoe with such authority, any wild animal, which in the opinion of the Chief has causoo and is likely again to cause, damage to any livestock, crops, water installation or fence. Use and Possession of Poisoned Bait, Etc. Prohibited 12. (1) No member shall, exc~t under and in accordance with the written permission of the Chief, use for the purpose of hunting or capturing any animal, any potsooed bait, metal. trap, set gun or WI. re &1 are: Provided that nothing in this regulation shall render unlawful the setting or a metal trap or wire snare for the protection of livestock in the immediate vicinity or any enclo sure in which livestock are kept. (2) Any person who contravenes the provisions of subregulation (1) shall be guilty of an otrm.ce and ·shall be liable on conviction t:o the penal.ties prescribed in regulation 13. Penalties 13. Any pen1on convicted of an offence under these regulatioms ·:shall be liable (a) in the case of a first conviction to a fine of R50 or, in default o( payment to impri sonment for a period not exceeding one month, or such imprisonment without the option of a fine, or to both :such fine and such impriBOllment; (b) in the case of a second oonviction to a fine of RlOO or, in default of pqymoot, to imprisonment for a period not exceedingthree months, or such imprisonment without the opUou of a fine, or to both wch fine aud such imprisonment; (c) in the case of a thiro conviction to a fine not exceeding R200 or, in default of payment, to intirisorunent for a period not exceooing six months, or ·such in.prison ment W1tnout the option or a fine, or both such fine an<l sucn tmpriBOnmait. FIRST SCHEDULE PARTI (Regulation 3) Con served Animals Leopard Zebra Cheetah Giraffe Hippopotamus Rhinocero·s (Nkwe) (Pitse yanaga) (Lengau, Letlbotse) (Thutlwa) (Kubu) (Tshukudu) D.SIO First Column Eland (Phofu) Elephant (Tlou) Rom Antelq,e(Kwalata etsbetlha) Sable Antelope (Kwalata entsbo) Fiest Column Buffalo (Nare) Bushbuck (Serolobotlhoko) Oeml!!bok (Kukama) Hartebeest(Kgama) Kudu (Tbolo) Lech we (Letswee) Lion (Tau) Sit.atunga (Naakong) Springbok (Tsluphe) Tsei:n1t!be (Kabole) · PARTII (Regulation 4) Protected Game Second Column 76 75 75 75 sroom SCHEDULE (Regulation 5) . Tribal Game PARTI PARTD Duiker (PllUti) Impala (Phala) Ostrich (Ntme) Reed.buck (Sebog.ata) Warthog (Kolobe) Wildebeest (Kgokong) l,icence Fee~ (a.) In the case of Ptotected Ga.me THIRD SCHEDULE (Regulation 9) (b) In the case of Tribal Game listed in Part I ct the Second Schedule ( c) In the case of other Tribal Game Ministry or Commerce, Industry and Water Affairs, GABERONES. 3rd November, 1987. Third Column 1 1 1 1 Second Colum,11: 3 1 1 1 2 3 1 1 2 a 2 10 4 2 10 10 Fee RID R 4 Free P. W. REARDON, Permanent Secretary.