Zambia Wildlife (Elephant Sport Hunting) Regulations, 2010 (S.I. No. 107 of 2010)

17th December, 2010 Statutory Instruments 481 .' GOVERNMENT OF ZAMBIA STATUTORY INSTRUMENT NO.1 07 OF 2010 The Zambia Wildlife Act, 1998 (Act No. 12 of 1998) The Zambia Wildlife (Elephant Sport Hunting) Regulations, 2010 ARRANGEMENT OF REGULATIONS ( Title 2. Interpretation 3. Authority to hunt elephant for sport 4. Designated areas for elephant sport hunting 5. Notification ofallocated quota to Secretariat ofConvention 6. Subsidiary agreements for elephant sport hunting 7. Ownership, export and disposal of remains ofelephant 8. Export of ivory and trophy 9. Register 10. Disbursement ofprofits 11. Offence and penalty 12. Exemption 13. Revocation of SI No. 40 of2005 SCHEDULE Copies o/this Statutory Instrument can be obtainedfrom the Government Printer, Po. Box 30136, 10101 Lusaka, Price K5,OOO each 17th December, 2010 Statutory Instruments 483 IN EXERCISE of the powers contained in sections thirtyfour and one hundred andfortyfour of the Zambia Wildlife Act, 1998, and after consultation with the Authority, the following Regulations are hereby made: 1. These Regulations may be cited as the Zambia Wildlife Title (Elephant Sport Hunting) Regulations, 2010. 2. In these Regulations, unless the context otherwise requires Interpretation "Authority" means the Zambia Wildlife Authority established under sectionfour of the Act; "concessionaire" means a holder of an exclusive hunting concession granted by the Authority and the local community; "Convention" means the Convention on International Trade in Endangered Species ofWild Fauna and Flora concluded in Washington, D.C on 3rd March, 1973 and as amended in Bonn on 22nd June, 1979; "game management area" means an area of land declared to be a game management area under section twenty-six of the Act; "patr.on" has the meaning assigned to it in the Act; and "trophy" has the meaning assigned to it in the Act. 3. (1) A holder of a hunting licence issued under the Act may hunt elephant for sport. (2) An elephant shall not be hunted for sport unless it is of the 4'rescribed trophy size. (3) In this regulation, an elephant is ofa prescribed trophy size if it has tusks and a minimum weight offifteen kilograms per tusk: Provided that a holder of a hunting licence may, upon request, be authorised by the Director in writing, to hunt an elephant that does not possess any tusks. (4) The hunt of elephant for sport (a) does not include the hunting ofelephant for the purposes ofcontrolling problem elephants; and (b) shall be undertaken during the period between 1Sl May and 31 st December or during such period as the Authority may determine. Authority to hunt elephant for sport ~-) 484 Statutory Instruments 17th December, 2010 Designated areas for elephant sport hunting Notification ofallocated quota to Secretariat of Convention Subsidiary agreements for elephant sport hunting S.l. No. 60 of 2007 S.1. No. 60 of 2007 4. The hunting of elephant for sport shall be conducted in the game management areas designated by the Authority. 5. (1) The Authority shall, where applicable, in accordance with the Convention, notify the Secretariat of the quota of elephants allocated in accordance with these Regulations. (2) The quota of elephants allocated for sport shall not exceed the quota ofelephants notified to the Secretariat of the Convention III anyone year. 6. (1) The Authority shall enter into subsidiary agreements with respect to the hunting of elephants for sport with the concessionaires operating in the designated game management areas. (2) The subsidiary agreements referred to in sub-regulation (1) shall be concluded on the basis ofthe following guidelines: (a) fifty percent of the quota ofelepha.llts allocated for sport shall be allocated equitably to the fully paid up concessionaires operating in the designated game management areas upon payment of the fees for elephants specified in the Zambia Wildlife (Licence and Fees) Regulations, 2007; (b) fifty percent of the quota of elephants referred to in sub regulation (2) of regulation 5 shall be sold by auction to fully paid up concessionaires operating outside the designated game management areas: Provided that where there is no bidder, the fully paid up concessionaires operating in the hunting block for which the quota is available may purchase the remaining elephants at the reserved price; (c) the reserve price for the auctioning of the elephant referred to in paragraph (b) shall be an amount equal to the fees specified for elephant in the Zambia Wildlife (Licence and Fees) Regulations, 2007; (d) where the resident concessionaire has not paid the licence fees in full by the 31 st March of any year, the quota shall be auctioned in accordance with paragraph (b); and 17th December, 2010 485 (e) the concessionaire shall ensure that a hunter is accompanied by a fully qualified and licensed professional hunter during the hunting ofthe elephant. (3) The Authority shall (a) issue a non-resident elephant hunting permit to a concessionaire in respect of elephant hunting in a specified game management area; and (b) ensure that a hunter is accompanied by at least one wildlife police officer. (4) At least fifty percent of the meat of an elephant, which is .. lled during sport hunting, shall be given to the local community in the game management area in which the hunting takes place. 7. (1) A holder ofa hunting licence issued under the Act shall, within ninety-six hours ofhunting elephant for sport, complete and submit Form 1set out in the Schedule and the trophy to the nearest area management unit for purposes of registration. (2) The head of the area management unit referred to in sub regulation (I) shall, within seven days of receiving the Form and the trophy submit them to the Authority for marking in accordance with the requirements ofthe Convention. 8. (1 otwithstanding the pro isions ofthe National Parks and Wi Idli fe (Elephant and Rhinoceros) Regulations 1993 a holder of a hunting licence issued under the Act may apply for a permit to export the ivory and trophy that is obtained from an elephant which is hunted in accordance with these Regulations. . (2) An application to export ivory shall be made in accordance .ith the Zambia Wildlife (International Trade in Endangered Species ofWild Fauna and Flora) Regulations, 2007. (3) Where a holder ofa licence referred to in ub-regulation (1) intends to export the ivory or trophy obtained from elephant sport hunting, the Authority shall, upon receipt ofthe ivory or trophy and the appropriate fees, issue a certificate of ownership to the holder of the licence and the holder ofthe certificate shall at the time of the export, surrender the certificate to the Authority. (4) The Authority shall permit a holder of a licence to export ivory and any other parts, in a raw form, other than meat. (5) The Authority hall avail an applicant with sanitary r quirement and i ue an e port permit in accordance with the provisions ofthe Zambia Wildlife (International Trade in Endangered pecies of Wild Fauna and Flora Regulations, 2007. Ownership, export and disposal of remains of elephant Export of ivory and trophy S.I No. 81 of 1993 S.l. No. 61 of 2007 S.l. No. 60 of 2007 486 Statutory Instruments 17th December, 20 10 Register Disbursement of profit Offence and penalty (6) Any ivory or trophy intended to be exported shall be reexamined at the time ofexport to ensure that the details submitted to the Authority in respect ofthe ivory or trophy match the trophy or ivory presented for export. (7) For purpo es of these Regulations the designated airports for the export of ivory and any other lepbant trophy shall be the Livingstone Mfuwe, Ndola and Lu aka Airports. (8) A concessionaire hall where a taxidermist is required for the preservation ofthe trophy prior to export, provide details ofthe taxidermist to the Authority: Provided that no worked ivory or elephant trophy shall be exported. (9) A concessionaire shall deposit with the Authority any part of the elephant that remains after the holder ofa licence has taken what the holder requires. 9. The Authority shall maintain a register containing the details of (/,1) the sport hunting of the elephant; (b) the area in which any hunting is conducted; and (c) the full names, address and such other particulars ofthe holder of a licence as the Authority may determine. 10. (1) In this regulation, "profit" means the difference between the revenue realised from fees for elephants and the costs incurred by the Authority for conservation and management in each respective game management area. (2) The Authority shall disburse the profits realised from elephant sport hunting as follows: (a) forty-five per centum to the local community in the game management area in which the hunting takes place; (b) fifty per centum to the Zambia Wildlife Authority; and (c) five per centum to the patron in the game management area in which the hunting takes place. 11. (I) A person who contravenes theseRegulations is liable, upon conviction, to a fine not exceeding fifty thousand penalty units or imprisonment for a term not less than five years, or to both. (2) In addition to the penalty prescribed in sub-regulation (1), the court may order the forfeiture ofanything which was the subject of the contra ention or with which the offence wa committed or wh ich was used in or for the purpose of or in connection with the commission of the offence. • 17th December, 2010 Statutory Instruments SCHEDULE (Regulation 7) REPUBLIC OF ZAMBIA 487 e The Zambia Wildlife Act, 1998 (Act No. J2 of 1998) The Zambia Wildlife (Elephant) (Sport Hunting) Regulations, 20JO RECORD OF GAME AND/OR PROTECTED ANIMALS KILLED OR WOUNDED EXCEPT ELEPHANT Name of Professional Hunter: . Residential Address . Safari Company on behalf of which the Professional Hunter is submitting this return DETAILS OF CLIENT Name of client: , .. NRClPassport No .. Nationality: Country of Residence .. Physical Address: . Postal Address: .. Type of Licence: .. Date of issue: .. DETAILS OF HUNT LicenceNo.: .. Place of issue: .. Name of Hunting Block where hunting was conducted . Hunting period From... To . Detailed description of other trophy (e.g. tooth, bone, claw, hoof, hair, egg etc... 488 Statutory Instruments 17th December, 2010 Foreign Date Killed currency Number Number GPS Trophy for valueor Species Sex (M/F) Wounded Location cha'j?edtowounded killed export c.zent Vi>O No DETAILS OF TROPHY MEASUREMENTS (e.g. horn, tusk. skin, etc) Top to Top Top toTd: Skull lengthSpecies (overhead) {Aroun ~ Right Boss Left Boss Sku/lwidth Horn length Boss Boss pecies (curved Horn length circumferences circumferences horned) (Right) (Left) (Right) (Left) Species (Spiral Horn length Horn length Boss Boss horned) (Right) (Left) Circumferences circumferences (Right) (Leji) DETAILS OF PAYMENTS MADE Type o/Payment Currency Amount 1) Amount of foreign currency paid by the client directly to the Safari company for the services rendered by the ompany, including overheads and extras. 2) Amount of foreign currency paid by the afari company on behalf of the cliem to the Director-General for the animals. licences and p rmit .3) Amount offoreign currency paid by the afari company on behalfofthe clicm 10 the Director-General in re pc:cl of hunting rights. Total amount paid the kwach equivalent of U $ .. ... 17th December, 2010 Certification by Statutory Instruments 489 (a) Client I certify that the animals listed on this return were hunted or wounded by me during the period stated and that the total amount of foreign currency stated and paid by me to the safari company is the full amount I was charged. Date Name o/Client Signature o/Client ,. (b) Professional Hunter I certify that the animals listed in this return were actually hunted by the client in accordance with the terms and conditions of a Safari Hunting Licence and that the total foreign currency stated above is the full amount paid by the client for the hunt. Date Name ofProfessional Hunter Signature ofProfessional Hunter Date Name ofWildlife Police officer Signature ofWildlife Police officer I. 2. .. Signature o/Wildlife Police Officer Notes In the event of insufficient space, the list is to be continued on a separate page. ny currency d posited by the client for the co t of processing or shipping uch clients' trophics to their destination must be indjcated. Where ther . a discrepancy between the total amount of foreign currency paid by thc clienlto-the safari hunting company and the actual amount deposited with the Znmbian Registered Commercial Bank. the Safari company shall provide a written explanation for such discrepancy and hall attach the explanation to the original copy of the return and to the export permit. 3. The amount of foreign currency paid by the client directly to the safari company shall be supported by a Form. 4. This return must be completed by the Professional Hunter who was in direct control of the hunt in question 5. The register must be presented to any wildlife police officer or honorary wildlife police officer on demand 6. The Professional Hunter is required to ensure that the register is available for inspection within his hunting area during the hunt. 7. The original (white) copy of the return should be submitted to the Director-General within fourteen days after the completion of the hunt. 490 Statutory Instruments 17th December, 2010 8. The duplicate (yellow) return, which should be stamped by the appropriate licensing office of ZAWA, is to be attached to the client's Export Permit and both are to be exhibited to the Bank of Zambia when applying for an export licence. 9. The foreign client and the Professional Hunter are required to sign this form immediately upon the completion ofthe hunt. Non-compliance will render the Professional Hunter liable to prosecution. For this reason, all Professional Hunters should ensure that they are in possession of a register whilst the hunt is being conducted. 10. Professional Hunters are required to take GPS coordinates for all areas where they have hunted or wounded game animals or protected animals. FOR OFFICIAL USE ONLY Export Permit No Date . CITES Permit No Stamp............ " C. NAMUGALA, Minister of Tourism, Environment and Natural Resources LUSAKA 9th December, 2010 [MTENR/71 /14/2] ..