National Environmental Management: Biodiversity Act: Amendments to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Regulations (No. R. 575 of 2011)

STAATSKOERANT, 11 JULIE 2011 No.34452 3 GOVERNMENT NOTICE DEPARTMENT OF ENVIRONMENTAL AFFAIRS No.R.575 11 July 2011 NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 (ACT NO. 10 OF 2004) AMENDMENTS TO THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) REGULATIONS I, Bomo Edith Edna Molewa, Minister of Water and Environmental Affairs, in terms of section 97 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), have made the regulations in the Schedule hereto. ~p :-~~;. I) I ~ \~\::.. . . \ }..\;vv•v·, BOMO Eot'fH EDNA MOLEWA MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS SCHEDULE Definitions 1. In these regulations "the Regulations" means the Convention on International Trade in Endangered Species (CITES) Regulations, 2010 published in Government Gazette No.33002, Government Notice No. R.173 of 5 March 2010. 4 No.34452 GOVERNMENT GAZETTE, 11 JULY 2011 Amendment of Regulation 3 of the Regulations 2. Regulation 3 of the Regulations is hereby amended by the substitution for subregulation (3) of the following subregulation: "(3) The National Minister responsible for environmental affairs is the authority responsible for the issuing of permits or certificates relating to import, export and re export of any species listed in Appendices I, II and Ill ( a) in a protected area; (b) that are marine species; or (c) if the applicant is an organ of state.". Amendment of Regulation 5 of the Regulations 3. Regulation 5 is hereby amended by the addition of the following subregulation after subregulation (3): "Applications for a permit or a certificate for the import, export, re-export or introduction from the sea ofany specimen included in Appendix I, II or Ill, must be in the format set out in Appendix lilA.". Amendment of Regulation 7 of the Regulations 4. Regulation 7 of the Regulations is hereby amended by ( a) the substitution of subregulation (3) of the following subregulation: "(3) The import of any specimen of species included in Appendix II requires the prior presentation of either an export permit or a re-export certificate and an import permit."; (b) the substitution of subregulation (4) of the following subregulation: "(4) The import of any specimen of species included in Appendix Ill requires the prior presentation of a certificate of origin, or an export permit, and an import permit and, where the import is from a State which has included the species in Appendix Ill or a certificate granted by the State of re-export that the specimen was processed or is being re-exported from.". STAATSKOERANT, 11 JULIE 2011 No. 34452 5 Amendment of Regulation 10 of the Regulations 5. Regulation 10 of the Regulations is hereby amended by ( a) the substitution of subregulation (3) of the following subregulation: "(3) Import permits for specimens of species included in Appendix I, II and Ill should be valid for a period of not exceeding twelve months from their date of issue."; (b) the substitution of subregulation (14) of the following subregulation: "(14) The Management Authority may amend or revoke a permit or a certificate issued, but must revoke a permit or a certificate if it was issued as the result of false or misleading statements by the applicant."; Amendment of Regulation 19 of the Regulations 6. Regulation 19 of the Regulations are hereby amended by the substitution of Regulation 19 of the following Regulation: "19. Fees (1) A person applying for a permit or certificate in terms of these regulations must pay the fees referred to in Appendix V, to the applicable Management Authority. (2) Notwithstanding the provisions in subregulation (1) organs of state are not required to pay the fees referred to in Appendix V.". Insertion of Appendix IVA 7. The following Appendix is inserted after Appendix Ill: 6 No.34452 GOVERNMENT GAZETTE, 11 JULY 2011 "APPENDIX lilA APPLICATION FORM APPLICATION FOR PERMIT IS IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 (ACT NO 10 OF 2004) AUTHORISING THE IMPORT, EXPORT, RE~EXPORT OR INTRODUCTION FROM THE SEA OF SPECIES LISTED IN THE APPENDICES OF THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) AND REGULATED IN TERMS OF THE CITES REGULATIONS APPLICATION FOR A PERMIT TO IMPORT I EXPORT I RE· EXPORT/INTRODUCTION FROM THE SEA OF SPECIES LISTED ON THE APPENDICES OF CITES Please note: • Application forms must be completed in legible block letters. • It is the applicant's responsibility to confirm receipt of an application form. • Where the space provided is not adequate the information should be attached as an addendum. • Please attach copies of import permits from other provinces if species were imported from other provinces. • Please attached copies of CITES export and import permits in the case of a re-export application. • In the case of applications for CITES Appendix I species, the applicant must provide a copy of the registration certificate or the registration number. • Any additional information, which the applicant deems necessary, should be attached to this application Import the sea Name & Surname IJ I Export D Re-export Cl Introduction from APPLICANT (If not exporter/importer) l ID Number (Passport number in the case of non-South Africans) i · Telephone (work) \ Telephone (home) I 1: Cell Phone Fax j E-mail i Physical I Postal I Cl STAATSKOERANT, 11 JULIE 2011 No. 34452 7 II ANNro~~ Address I ! EXPORTER (If not Applicant) Name & Surname I liD Number (Passport number in the case of non-South Africans) ~ 1 • Telephone (work) I Telephone {home) II • Cell Phone I Fax I E-mail Physical Postal Address address I IMPORTER (If not Applicant} Name & Surname ID Number {Passport number in the case of non-South Africans) Telephone {work) Telephone (home) I Cell Phone I • Fax I I 8 No.34452 GOVERNMENT GAZETTE, 11 JULY 2011 E-mail I II I ~ I Physical 1 Postal I Address i i i Address I i I i 1 APPLICABLE EXPORTER/IMPORTER REGISTRATION NUMBERS . CITES Registration Number (Appendix I Breeding facility I Nurseries) [where applicable]. · TOPS Registration number (Wildlife Trader) [where applicable]. TOPS Registration number (Taxidermists) [where applicable] . . TOPS Registration number (Scientific Institution) [where applicable]. TOPS Registration number (Commercfal Exhibition Facility) [where applicable]. TOPS Registration number (Rehabilitation Facility) [where applicable]. I I TOPS Registration number (Sanctuary) [where applicable]. TOPS Registration number (Game Farm) [where applicable]. PURPOSE FOR EXPORT/IMPORT Commercial Purposes (T) Personal (P) I Hunting trophies (H) Reintroduction or Introduction into wild (N) i Breeding in captivity or Zoos (Z) Circuses or travelling Botanical Gardens (G) artificial propagation (B) exhibitions (Q) Educational (E) Law enforcement I [ Medical (M) Scientific (S) judicial/ forensic (L) STAATSKOERANT, 11 JULIE 2011 No. 34452 9 SOURCE CODES (consult the Management Authority regarding the correct code to be used) Specimens taken from the wild (W) Animals bred in captivity in accordance Pre-Convention specimens (0) with the relevant Resolution (C) Ranched specimens (R) Animals born in captivity (F) Confiscated or seized specimens (I) Appendix-! animals bred in captivity Plants that are artificially propagated for commercial purposes in Source unknown (U) in accordance with the relevant operations included in the Secretariat's Register (D) Resolution (A) DETAILS OF SPECIES THAT ARE TO BE IMPORTED I EXPORTED I RE-EXPORTED Quantity Description Common Name Scientific Name Appendix Source Tag no I Tusk no I M F Tot (W, R, D, A, C, Transponder no I ring F, U, I, 0) no ~··- -·· ···-r-··-··· ~ ... .. ~ .. [---c-- '------· ~···-··· ·- -···· ------~~ DECLARATION I declare that the species listed in the above-mentioned table were all obtained in accordance with the applicable environmental permits [these permits must be available for verification)~ and are all captive bred and that all the information provided is complete and correct to the best of my knowledge. I understand that any false information supplied could lead to my application being disqualified. ! Signature: Date: I ... Q z 9 G) ~ m ll z s::: m z i G) ~ m ::1 m ..... ..... L c !:( rg ..... ..... ADDENDUM ~c Quantity Description Common Name Scientific Name Appendix Source Tag no I Tusk no I M F Tot (Captive bred I Transponder no I ring Wild I etc) no 1 ~ .. '-------·· I DECLARATION I declare that the species listed in the above-mentioned table were all obtained in accordance with the applicable environmental permits [these permits must be available for verification], and are all captive bred and that all the information provided is complete and correct to the best of my knowledge. I understand that any false information supplied could lead to my application being disqualified. Signature: Date: .... .... c... c c m 1\) 0 .... .... z 0 t Ol 1\) ... ...