Parks and Wild Life (General) (Amendment) Regulations, 1998

J n Statutory Instrument 26 of 1998. ..tCAP.'2O:1~ Parks and Wild Life (General) (Amendment) Regulations, 1998 (No.2) IT is hereby notified that the Minister Mines, Environment and Tourism, in terms of section 129 of the Parks and Wild Life Act [Chapter 20:14], has made the following regnlations--; 1. These regulations may be cited as the Parks and Wild Life (General) (Amendment) Regulations, 1998 (No.2). 2. Section 52 of the Parks and Wild Life {General) Regulations, 1990, published in Statutory Instrument 362-of 1990 (hereinafter called "the principal regulations") is amended (a) by the repeal of the definition of "breeder" and the substi tution of the following ""breeder" means any person who keeps or produces wild life or fish for thepurpose of selling any wild life or fish or any trophy therefrom:"; (b) in the definition of "dust" by the insertion after "such ivory" of "which weighs less than thirty grams"; (c) in the definition of "trophy dealer" by the repeal of para graph (a) and the substitution of- . "(a) process, carves, embellishes or stuffs and mounts I a trophy so that it has a life like appearances or otherwise manufactures any trophy for sale or reward; or"; . (d) by the insertion of the following definition "taxidermist" means a person who processes, prepares, stuffs and mounts a trophy so that it has a life like appearance;" . 3. The principal regulations are amended by the insertion after section 58 of the following section-s "58A. Every person who, for reward or otherwise intends to conduct any other person who is not ordinarily resident in Zimba bwe on a photographic or viewing safari in a Parks and Wild Life Estate shall, before the commencement of the proposed safari send to the Director a written notice in duplicate setting out the following information~ I . (a) full names and address of the person who is to conduct the safari; and (b) the type of safari to be conducted; and 177 Parks and Wild Life (General) (Amendment) Regulations, 1998 (No.2) (c) the number of persons to be taken on the safari; and (d) the park in which the safari is to.be conducted; and (e) the type of vessel or vehicle to be used on the safari; and (f) the currency in which any amount payable is to be paid. (2) On receipt of a notice sent to him in terms of subsec tion (1) and the appropriate fee, the Director shall in writing authorize the photographic or viewing safari concerned unless he is satisfied on reasonable grounds that (a) any information contained in the notice is untrue; or (b) a contravention of any law is likely to take place if the safari takes place; or (c) the area in the Parks and Wild Life Estate in respect of which the application is made, is unsuitable (or the conduct of the safari. (3) The Director may attach such reasonable conditions as he thinks fit to any authority given by him in terms of subsection (2), and any such conditions shall be endorsed in writing on the authority concerned. • (4) No person shall, for reward or otherwise, conduct any other person who is not ordinarily resident in Zimbabwe on a photographic or viewing safari in a Parks and Wild Life Estate unless (a) at the commencement of the safari he is in possession of the written authority given by the Director in terms of subsection (2) in respect of the safari concerned; and (b) he complies with any conditions which the Director may have attached to the written authority; and (c) holds in addition to holding a professional hunter's licence, a learner professional hunter's licence or a professional guide's licence, a tour operator's licence oris a director, employee or agent of aholder of a tour operator's licence issued in terms of the Tourism Act [Chapter 14:20]; and i78 I S.l. 26 of 1998 (d) in the case where an open vehicle is used, it is solidly constructed up to the shoulder level of seated passen gers and is fitted with protective bars; and (e) the vehicle to be used on the safari is the subject of an operator's licence issued in terms of the Road Motor Transportation Act [Chapter 13:10]; (5) Subsection 4 shall not apply in relation to an officer, honorary officer or employee while he is carrying out his duties as such. (6) Subsection 4 shall come into operation two months after the date of commencement of the Parks and Wild Life (General) (Amendment) Regulations, 1998 (No.2): Provided that, if during that two-month period any person referred to in subsection (I) applies for a tour operator's licence under the Tourism Act [Chapter 14:20], he shall be deemed for the purpose of this section to be the holder of such a licence until his application is granted or refused.". 4. Section 59 of the principal regulations is amended (a) in subsection (1) by the insertion after paragraph (f) of the following paragraphs "(g) the full names and address of the hunter who is to conduct the safari and his licence number; and ' (h) the duration of the hunt and the types of animals to be hunted."; (b) by the insertion of the following subsection "(4b) No person shall permit any person who is not ordinarily resident inZimbabwe to hunt on any land for which he is the appropriate authority any animals other than those entered on the authority to hunt set out in the Fourteenth Schedule.". \ 5. Section 60 of the principal regulations is amended (a) in subsection (1), in paragraph (b) by the insertion after "form" of "and a copy of the authority to hunt"; (b) by the insertion after subsection (3) of the following subsection 179 Parks and Wild Life (General) (Amendment) Regulations, ,1998 (No.2) "(4) Any person who is the appropriate author ity for any land, who hunts or causes or permits any person to hunt on his land, shall submit annually......:. (a) a sport hunting registration form as specified in Part I of the Fifteenth Schedule; and (b) a hunting return form specified in Part II of the Fifteenth Schedule.". 6. Section 61 of the principal regulations is amended by the deletion of "reptiles or amphibia" and the substitution of "wild life or fish". 7. Section 63 of the principal regulations is amended in the proviso by the deletion of "reptiles and amphibia" and the substitution of "wild life or fish". 8. Section 64 of the principal regulations is amended by the repeal of subsections (1) and (2) and the substitution of- . "( 1) A breeder of wild life or fish shall keep a register in which he shall cause to be recorded, by species- , (a) the number of eggs acquired, the place from which they were acquired and the number of eggs successfully hatched; and (b) the number of live wild life or fish acquired and the place from which they were acquired; and (c) the number of wild life or fish disposed of, by age, size Or class, and the method of disposal.". 9. Section 65 of the principal regulations is amended by the deletion of "reptiles or amphibia" and the substitution of "wild life or fish". 10. Section 66 of the principal regulations is amended by the,' insertion after paragraph (e) of the following paragraph "(f) no person shall carry on the business of taxidermy, processing or otherwise manufacturing a trophy unless he is authorized to do so by a trophy dealer's licence, issued in terms of section 67." . . 11. Section 67 of the principal regulations is amended in subsection (2) in paragraph (b) in subparagraph (ii) by the insertion after "trophy dealer" of "a taxidermist,". . 180 s.t, 26 of 1998 12. Section 77 of the principal regulations is amended by the insertion after subsection (4) of the following subsections "(5) For the purpose of verifying any records or registers kept in terms of this section, the Minister may at any time, when he considers it necessary to do so, by notice in the Gazette require any person within a period of not more than thirty days from the date of publication of the notice, to produce to an officer any raw ivory or horn in his possession and the certificate of ownership for re-registration. (6) In the event of a re-registration in terms of subsection (5), the officer shall issue a new certificate of ownership in respect of such ivory or horn and any certificate of ownership issued prior to the re registration exercise in respect of any raw ivory or horn, shall, after the period of re-registration, be void.". 13. Section 81 of the principal regulations is amended by the repeal of subsection (1) and the subsection of "( 1) Upon the sale or transfer of any registered raw ivory, the person disposing of it and the person receiving it shall present 'themselves before an officer who shall immediately endorse upon the certificate of ownership the name and address of the person to whom the sale or transfer has been effected, and shall sign and stamp such endorsement." . 14. Section 97 of the principal regulations is amended by the repeal . of subsection (2) and the subsection of "(2) The Director may, in terms of subsection (1), fix (a) different appropriate fees to be paid by persons resident in Zimbabwe and persons not so resident; (b) different levels of appropriate fees; (c) different appropriate fees for breeding different species of wild life or fish.". 181 I 15. The Fourth Schedule to the principal regulations is repealed and the following is substituted "FOURTH SCHEDULE (Section 60) BOOK No. PERMIT No. ZIMBABWE HUNT RETURN FORM (NP/CITES FORM 9) DEPARTMENT OF NATIONAL PARKS AND WILD LIFE MANAGEMENTIRESERVE BANK OF ZIMBABWE Operator THR number ITIIIIIID Address Phone Fax ...............,--00 tv Licence o=ITIICITIProfessional hunter Client's surname Forenames CIJJIIIIIJ Passport number ITITTITn Country of issue ffiII[[J]J Address Phone : Fax . Guests I~~----------------~------------------------~ (Continued on Page 7) (Continuedfrom Page 6) N.B.- SHOW ALL US DOLLARS IN WHOLE FIGURES AND EXCLUDE e.g. "US$ 000" .-----------~~~==~~--------~US$ AGENT DETAILS Total daily rate Total guest rate Less commission Total trophy fee Other fees GRAND TOTAL Percentage commission charged . Exchange control ref . where commission exceeds 7,5% / Name . ~ Address , : :. . 00 w Z$ State currency and total amount paid by the client to the Professional Hunter or the company by whom he is employed. I I I I I I I I I I I I I I I I I I I I I I I (country) (currency) Date AlCNUMBER CURRENCY AMOUNT FORMS No. BANK STAMP & SIGNATURE Balance unpaid, if any Note: A separate and full written explanation must accompany each copy of this return if funds remain unpaid.) , . (Continued on Page 8) (continued/rom Page 7) HUNTER CONCESSION STOP DATESTART DATE DAYS Name and address of processing agent or Taxidermist: - . .' ,, . . : . Name and address of shipping agent: . /.................. , ~ : . .......................... ~ , . . •....• 00 Ul TROPHY SIZE* SCI as per Safari TROPHY 1 Club , Killed! International FEES SPECIES SEX LOCATION Date shot Wounded Standard US$ District ConcessionIFarm Ward Village Grid Ref. . TOTAL COMMENTS: . ............................................................................................................................................................................................ I, , hereby certify that the information given in this return is to the best of my knowledge, true and correct. IMMIGRATION CONTROL AUTHORIZATION REFERENCE (NP/CITES FORM II) . Signature of foreign client Date : ' . Signature of Professional Hunter Date : . *for elephant give left and right measurements.". f 16. the Fifth Schedule to the principal regulations is amended in the heading by the deletion of "AMPHIBIA AND REPTILES" and the substitution of WILD LIFE AND FISH". 17. The Sixth Schedule to the principal regulations is amended by' the repeal of the form titled "Trophy Dealer's Register and Return of Trophies (Other than Manufactured Trophies and Ivory) Acquired or Manufactured" and the Substitution of the following ''TROPHY DEALER'S REGISTER AND RETURN OF TROPHIES (OTHER THAN MANUFACTURED TROPHIES AND IVORY) ACQUIRED OR MANUFACTURED PART A Dealer's name: Registered number: , Page: . Address of premises: '" . Licence number: '" ( I certify that this is a true record of transactions conducted by me during the calendar month of '" 19 . Date: Signed: : . 00 0\ If not manufactured,Name and Whether Description Number to. whom disposedaddress of Supplier's Date manufactured of article of articles of (name andDescription Quantity supplier authority* acquired or not (YesINo) manufactured manufactured address)\ "Supplier's authority is a dealer's licence number, section number, permit number of a certificate of ownership of ivory. o Z > Z ~0 ., 0. ., c: ~ 0. 3::> ~ (1) Z~ 0 '" 0 ?...., ~ ...., ";:j0 a -,j...., ., 00. (;' >< g'~ ~ s:a. (1) oV> ....::> ~. 01i ., 3a. " 0 '1j '0~. ::> ::0 "0 tTl 1>...., 0.§' ~ a'-e'0 g §' V>.:or / ,,' f-<'" tn '0 '1j:or>V> '< '" tvV> 0. •.•0 tz 0\(1) t!l~. a ~ 0:or •...•..o· ~ .... •....• •..... :or ~ 1.0 00 :or .J S' c: 0 1.0 (1) 00•• ~ co' ::> .,::t: 3' ~0 ~ s;~ (1)0 '" .... g' C> g0. '0 g'.... 8 0-(1) ~~ @(1) 0. if ~ ~ C/) :r o Z ;I> Z Z3 ~ ';:;' 0 3 0- 3 ~ "1:1 " -e c 0- P>0 :i" ::s ~ ., 0 ~ " " z ...• ::s ~ 0<> 0 0 ): ~0 0 ...., ...., " f/)., 0 0 0 !2. >-30- ...., '" ...., ~ P> 0- f» in 0- ,,' ., ~ ~ ~ >< e ::s >< '? 0: c, '" 0: i- s " tT1 " :r 3 ~ ~0 3 " .,...., ~ g. '" ~.:r -e ::s C/) 0:';:;' ~ ., >-3 't:l 0]. 0 'g. ...., -e r-...• 8 0:01" o· •..... 0<> C/) ~., 8" ., 't:l >-30 0<> !2. ~ :r ~ ...-. " ~. f? s: 0g c:: 0 - (b- C/) () \0 ::s 00 c:: "" 8" tT1 \0 (b 00 C/) C/) 00 ...• "" ~ C/) ...-.P>:r •.... o· z Zc zr- a 9 ...-. ET ~ :> " ~ N aOJ '-' ::s c:: '(b 3' ~ ::s ~ c, '" "I1 a {;;' 0 (b <> ~ ::s-0- '-' If ?d :;tI 0- (b~ ;I> (IQ ...• ~ a"~ P> e-e>< •..... 0::s Y' IVORY TRO~HY DEALERS' AND OTHER PERSONS' REGISTER OF MANUFACTURED IVORY TROPHIES ACQUIRED FROM A DEALER FOR RESALE Name: Register number: Page: . Address of premises: . Licence number: . I certify that this is a true record of transactions conducted by me during the calendar month of ,19 . Da!e: Signed: . ITEMS PURCHASED ITEMS SOLD Name, address and Iicen:eIperinit number of Description dealer who Stock on 1st Stocks on of supplied the of the month Iems sold hand at manufactured Date manufactured Description end of the artiele Weight Quantity acquired articles of items Quantity Weight Quantity Weight month Bangles Necklaces Carvings Small items TOTAL TOTAL Parks and Wild Life (General) (Amendment) Regulations, 1998 (No.2) J ~ i ::E ~ ~ >< !Xl ~ U ~ Ci) , ~zsa ~...J ~ I: ~ 8 8;::1' ; ~ '0 I:: '" ~;.-...c:: .~ c:: '0 ~~ ~\::lE O'.~ Q) oS ••... L- 0 ~e'O.- ~-~. ,o••... '" ,0 0 'Z] ~~ ::l '" 0' ;.-.",'0 'g E ~", ::l ::l;;: '8 O'o~ '(51::-~oS ~ 0 ~.~ c:: ib",'Ol::o';) 5 ~.~ 6 ~.<;::..c::.B'(5 ;.-.",~OI)oS ·S E'O·5 ~ Q) c I:: I:: ::l·<;::1l·5 ~ O''(5§.l'(5 .g '" '" '" '" '"Q) 6 0..6 Q) g 01) tI:: c B bi> I:: .~ <) .- I:: ;:i;j .~, 0 '" "' ••... '" o ~ .!. ::l 80 !Xl ~ ::l Cl o 6 u Ci) '(5 es 0 '"..c::>'" 01)'- ..c:: ~~~'" ::l••.• 0.. L $ ~ ~ I ~ ~ ffi ~ ~ ~u ~ Ci) ~ ~o 2: ~ § ~ S.I. 26 of1998 18. The principal regulations are amended by the insertion of the following Schedules "FOURTEENTH SCHEDULE (Section 59 (4a» AUTHORITY TO HUNT HOP No.: . Licence No.: . Name of operator: . Name-of professional hunter: : . Name of client: . Country of origin: . Number of non-hunting clients: Daily rate charged: . Name of property(ies)* on which huriting will take place: : . District: ,' . Duration of hunt: . Type of hunt (specify animal to be hunted): . Daily rate charged US$ . If a package hunt, supply the list of the animals to be hunted and the total price, and the balance of animals remaining on the quota. *It is the onus of the hunter to ensure that the landowner has an approved quota for the offtake. This is the actual number of hunting days. Declaration: I undertake not to cause or permit the hunting of animals in excess of those indicated on this authority on this hunt. (jor or on behalf o/appropriate authority) Animals to Balance Animals to Balance be hunted on Quota be hunted on Quota I Authority granted Signature of Officer/Game Scout <n'" ..Q) Q) ..c::E •... '" '0 §z~::E ~ i !Xl ~ ~ ~ Ci) ~ >< ~ ~ I 190 for: Director (NPWLM) E.C. No. 191 Parks and Wild Life (General) (Amendment) Regulations, 1998 (No.2) 193 S.l. 26 of 1998 "FlFfEENTH SCHEDULE (Section 60 (4» PART I SPORT HUNTING REGISTRATION FORMTERMS AND CONDITIONS (I) The holder of this authority and any person who is specified as hunter shall comply with the requirements of the Parks and Wild Life Act and any regu lations made thereunder. 1. This form is to be submitted by the 28th of February each year or before hunting commences whichever is the sooner. 2. This applies to all animals listed in the year end hunting return intended for sport hunting by foreign clients, whether for, bait or trophies and will be appearing on the CITES/NP9 form at the conclusion of a hunt. I I (2) Where any dangerous animal as defined in the Act is wounded or believed to have been wounded, a written report shall be made by the holder in person to the nearest permanent office of the Department or Police. the holder shall compile a written report in which he shall set out the full circumstances of the wounding. Such report shall indicate an accurate map reference, the date and time of wounding and direction of flight of the wounded animal. The follow-up action taken or intended to be taken by the holder must be stated. The report shall be made, handed over to National Parks or Z.R. Police within 24 hours of the wounding of the animal. (3) Where the sex of any animal has been specified on this authority, the opposite sex of the same species shall not be hunted instead. (4) No problem animal control shall be undertaken by a client. (5) The holder of an authority is required to enter the details of any animal killed .or wounded on Form NP9. (6) The holder of this authority shall produce it on demand. (7) The holder shall keep this record for a three-year period. (8) This authority is not valid if not stamped by an authorized person. The authority is only valid for hunting in the inscribed area. Separate forms are to be submitted for each hunting area. (9) The Director may attach such additional terms and conditions to this author ity as are deemed necessary and any such attachment shall then form part of this authority. (10) This authority is issued in terms of section 59 of the Parks and Wild Life Act [Chapter 20: 14) and section 59 of the Parks and Wild Life (General) Regu lations, Statutory Instrument 362 of 1990. Name ofland owner Address of landowner: : Size of property in HECTARES I I Name of lessee (where appropriate): . Address of lessee: : :. Name of operator to whom hunting rights have been sold: : . TRH No. of operator who will be hunting the quota I ' I QuotaSpeciesI QuotaSpecies 192 Parks and Wild Life (General) (Amendment) Regulations, 1998 (No.2) PART II YEAR END HUNTING RETURN Name of landowner I I Address of landowner: . Size of property in HECTARES I I Name of lessee (where appropriate): , . Address of lessee: . Name of operator(s) to whom hunting rights have been sold: . TRH No. of operator(s) who hunted the quota I J I I Sport Sport hunting Management hunting Management Species harvest offtake Species harvest offtake. 1. Under sport hunting column enter all animals which have been sport hunted by foreign nationals including bait animals. 2. Under management offtake list all animals that have been taken for other reasons including hunting by local Citizens.". Supplement to the Zimbabwean Government Gazette dated the 13th February, 1998. > Printed by the Government Printer, Harare. 194 {