Wildlife Conservation (Tourist Hunting) (Amendment) Regulations, 2017

The Wildlife Conservation (Tourist Hunting) (Amendment) Regulations, 2017 GN. No. 196 (contd.) 1 ISSN0856 – 034X Supplement No. 17 05th May, 2017 SUBSIDIARY LEGISLATION to the Gazette of the United Republic of Tanzania No. 18 Vol. 98 dated 18th May, 2017 Printed by the Government Printer Dar es Salaam by Order of Government GOVERNMENT NOTICE NO. 196 published on 05/05/2017 THE WILDLIFE CONSERVATION ACT, (CAP. 283) REGULATIONS (Made under section 121) THE WILDLIFE CONSERVATION (TOURIST HUNTING) (AMENDMENT) REGULATIONS, 2017 Citation G.N. No. 414 of 2015 1. This Notice may be cited as the Wildlife Conservation (Tourist Hunting) (Amendment) Regulations, 2017 and shall be read as one with The Wildlife Conservation (Tourist Hunting) Regulations, 2015 hereinafter referred to as the “principal Regulations”. Amendment of regulation 2 2. The principal Regulations are amended in regulation 2 by: (a) deleting the definition of the term “trophy hunting” and substituting for it the following: “trophy hunting” means the selective hunting of animals for horn, ivory, tooth, tursh, bone, claw, hoof, skin, meat, hair, feather, or any portion of animal ; ” and (b) deleting the phrase “but does not entitle the hunter to export meat” appearing in the definition of the The Wildlife Conservation (Tourist Hunting) (Amendment) Regulations, 2017 GN. No. 196 (contd.) 2 term “tourist hunting”. Amendment of regulation 8 3. The principal Regulations are amended in regulation 8 by: (a) by deleting the word “and” appearing between the words “blocks” and “inviting” appearing in sub- regulation (1); (b) inserting a new sub-regulation (3) immediately after sub- regulation (2) as follows: “ (3) The Minister shall subject to sub- regulation 7(2), advertise new hunting blocks during a particular tenure of ownership after which any person may submit a formal application.” (c) re-numbering sub regulations (3),(4), (5) and (6) as sub-regulations (4),(5),(6) and (7) respectively; and (d) deleting the re-numbered sub-regulation (7) and substituting for it the following: “(7) For the purpose of sub regulation (6), “vacant hunting block” means a hunting block which its tenure has been cancelled or a hunting block that has been surrendered.” Amendment of regulation 13 4. The principal Regulations are amended in regulation 13 by: (a) inserting a new sub-regulation (2) immediately after sub-regulation (1) as follows: “(2) A person who fails to pay the seasonal block fee as prescribed in sub regulation (1) up to the 30th of June shall be required to pay a surcharge of 10% on top of the seasonal block fee.” (b) re- numbering sub- regulations (3), (4) and (5) as sub- regulations (4),(5) and (6) respectively; and (c) inserting a new sub-regulation (7) immediately after the re-numbered sub- regulation (6) as follows: “(7) Any person who has been allocated a hunting quota shall utilize at least 40% of the value of the key animals allocated to him failure of which he shall be required to pay the The Wildlife Conservation (Tourist Hunting) (Amendment) Regulations, 2017 GN. No. 196 (contd.) 3 equivalent amount of the game fees.” Addition of regulation 16A 5. The principal Regulations are amended by adding a new regulation 16A immediately after regulation 16 as follows: “Surrender of hunting block 16A. - (1) A hunting company that intends to surrender the hunting block shall give a written notice of surrender to the Director before the 30th March of each year. (2) The Director shall within fourteen days of receipt of the notice accept in writing the surrender of the hunting block and issue invoices to the hunting company for any outstanding payments. (3) Any hunting company that fails to give the notice as prescribed under sub regulation (1) shall be required to pay the required fees for the hunting block as prescribed under these Regulations. Amendment of regulation 19 6. The principal Regulations are amended in regulation 19 by: (a) deleting paragraph (1)(a); and (b) re- naming paragraphs (b) and (c) as paragraphs (a) and (b) respectively; (c) by deleting sub-regulation (6) and substituting it with the following: (6) For the purpose of this regulation “intercompany hunting” means a situation where the Director has issued an additional hunting permit to a hunting company to conduct hunting in hunting blocks belonging to another company for the purpose of: (a) enabling a hunting client to obtain species not found in its allocated hunting block; (b) solving schedule constraint in a particular hunting block; (c) quota utilization; and The Wildlife Conservation (Tourist Hunting) (Amendment) Regulations, 2017 GN. No. 196 (contd.) 4 (d) maximizing trophy quality. Amendment of regulation 20 7. The principal Regulations are amended in regulation 20 by: (a) deleting sub-regulation (7) and substituting for it the following: “(7) An observer accompanying a tourist hunter shall pay an observer fee for the days spent by him in the hunting safari.” (b) deleting sub-regulation (11) and substituting for it the following: “ (11) Any person who does not declare or makes false declaration while applying for a permit or licence, commits an offence and is liable on conviction to a fine of one million shillings or to imprisonment for a term of one year or to both and on top of the penalty shall pay twice the required fees.”; and Amendment of regulation 21 8. The principal Regulations are amended in regulation 21(1) by deleting the word “fifteen” appearing in paragraph (b) and substituting for it the word “five”. Amendment of regulation 23 9. The principal Regulations are amended by deleting regulation 23 and substituting for it the following: “Professiona l hunter’s certificate and licence 23.- (1) No person shall guide a hunting client during a hunting safari unless he has a professional hunter’s Certificate and licence issued by the Director upon payment of the fees prescribed in the Fifth Schedule. (2) Any person intending to become a professional hunter shall submit a formal application to the Director in the form prescribed in the The Wildlife Conservation (Tourist Hunting) (Amendment) Regulations, 2017 GN. No. 196 (contd.) 5 Ninth Schedule to these Regulations. (3) The Director shall, before issuing a professional hunter’s Certificate as prescribed in Eleventh Schedule to these Regulations, ensure that the applicant has the qualifications stipulated in section 48(2) of the Act and has passed the professional hunter examination for the category applied for. (4) The Director shall establish a Professional Hunters Examination Committee responsible for examining applicants of professional hunter licenses. (5) The Director shall ensure that the Committee in sub regulation (4) comprises of at least one senior practicing professional hunter. (6) The Director shall upon, (a) being satisfied that the applicant meets the requirements stipulated under sub- regulation (3); and (b) payment of the fees prescribed in the Fifth Schedule to these Regulations, issue a professional hunter’s licence prescribed in the Twelfth Schedule to these Regulations. (7) The professional hunter licence shall be valid for two years and be divided in two categories as follows: (a) category B which shall allow the holder to supervise hunting of non dangerous animals. (b) category B which shall allow the holder to The Wildlife Conservation (Tourist Hunting) (Amendment) Regulations, 2017 GN. No. 196 (contd.) 6 supervise hunting of non dangerous animals. (8) The Holder of the Professional Hunter’s Certificate who has not renewed his license for a period of five years shall be required to undertake another professional hunter examination before the renewal of his license.” (9) Subject to the provision of sub-regulation (3), where the Director refuses to issue a license, he shall, notify the applicant by giving him reasons for the refusal. (10) Any person aggrieved by the refusal under this regulation may, within thirty days of receipt of the refusal of the certificate or license appeal to the Minister. (11) A professional hunter shall be allowed to guide up to two hunting clients within the same hunting safari provided that the hunting is conducted in the same hunting block. Amendment of regulation 25 10. The principal Regulations are amended in regulation 25 by deleting sub-regulation (2) and substituting for it the following: (2) A person who contravenes sub-regulation (1) commits an offence and shall, on conviction, be liable to a fine of not less than three million shillings or to cancellation of the professional hunter’s license and the certificate.” Amendment of regulation 27 11. Regulation 27 of the principal Regulations is amended in- (a) sub regulation (1) by deleting the figure “150” and “substituting it with the figure “130” appearing in paragraph (b); and (b) sub regulation (2) by: (i) deleting the phrase “ or imprisonment The Wildlife Conservation (Tourist Hunting) (Amendment) Regulations, 2017 GN. No. 196 (contd.) 7 for a term not less than six months” appearing in paragraph (a); (ii) deleting the phrase “ or imprisonment for a term not less than one year” appearing in paragraph (b); and (iii) deleting the phrase “ or imprisonment for a term not less than one year” appearing in paragraph (c); (c) sub regulation (5) by deleting the words “Eleventh Schedule” and substituting for them the words “Thirteenth Schedule”. Amendment of the Third Schedule 12. The principal Regulations are amended in the Third Schedule by deleting the word “N/A” appearing in item 50 and substituting for it the figure “1,700.00”. Amendment of the Fourth Schedule 13. The principal Regulations are amended in the Fourth Schedule by deleting the words “Stripped Hyaena – Hyaena hyaena”. Addition of new Schedules 14. The principal Regulations are amended by: (a) inserting the following new Schedules, immediately after the Ninth Schedule as follows: The Wildlife Conservation (Tourist Hunting) (Amendment) Regulations, 2017 GN. No. 196 (contd.) 8 “ TENTH SCHEDULE (Made under regulation 5 (1)) DESCRIPTION OF CRITERIA FOR THE CATEGORIZATION OF HUNTING BLOCKS Score A B C D Criteria 4 3 2 1 Wei ght Species diversity High Medium Low None 5 Within Game Reserve (GR) and Adjacent to National Parks (NP) or Ngorongoro Conservation Area (NCA) Bordering nationalpark and/or Ngorongoro Conservation Area Within GR and or buffered by other hunting blocks Adjacen t to GR but not buffered all around Standalone and/or isolated blocks 5 Habitat diversity 4 main types 3 main types 2 main types 1 main types 4 Distance to nearest Air strip Within block < 20 km 20 – 40 km > 40 km 2 Distance from a block to entry or exit cities; Dar and Arusha Within 300 km 300-600 km 600- 1000 km > 1000 km 2 Access by road- distance to nearest main road Touching block or going through block Note more than 20 km 20-50 km > 50 km 3 Water for wildlife Multiple permanent and seasonal Permanent single source Only seasonal None 4 Human activities <10% 10-20% 21-50% >50% 4 Diversity of huntable species weighted by licence fee in USD >41 graded value 38-41 33-37 <33 4 Diversity of huntable species weighted by safari days values > 113 100-113 85-99 <85 3 GPA= Total Grade points ÷ Total weight (= 105 ÷ 34 = 3.088) Note: Grade point = (criterion weight) X (criterion score of the block) Value of block A = 4, B= 3, C = 2 and D = 1 The Wildlife Conservation (Tourist Hunting) (Amendment) Regulations, 2017 GN. No. 196 (contd.) 9 A. GPA CUT-OFF POINTS FOR HUNTING BLOCK CLASSES (Based on equal interval between relative minimum and maximum scores) Class Max. GPA Min. GPA I 3.6 3.4 II 3.0 2.6 III 2.5 2.1 IV 2.0 1.8 V 1.7 1.6 ; The Wildlife Conservation (Tourist Hunting) (Amendment) Regulations, 2017 GN. No. 196 (contd.) 10 ELEVENTH SCHEDULE (Made under regulation 23(3)) THE UNITED REPUBLIC OF TANZANIA MINISTRY OF NATURAL RESOURCES AND TOURISM WILDLIFE DIVISION Certified Professional Hunter’s Certificate The Director of Wildlife hereby certifies that ……………………………………………….. having passed a professional hunters examination and fulfilled the conditions prescribed in the Wildlife Conservation Act, (Cap.283) and the Wildlife Conservation (Tourist Hunting) Regulations is on this ………………. day of ……………………… 20….. hereby certified as a Professional Hunter. ………………………… ………………………………… Chairman Professional Hunters’ Examination Director of Wildlife Date: ……………………………… Date: ………………………………… CPH-TZ-201701”; and (b) re- naming the Tenth and Eleventh Schedules as the Twelfth and Thirteenth Schedules respectively; and (c) deleting the enabling provision of the re-named Twelfth Schedule and substituting for it the following: “ (Made under regulation 23(6))” Dar es Salaam JUMANNE A. MAGHEMBE, 27th April, 2017 Minister for Natural Resources and Tourism