1. Briefing of the Select Committee on Land and Mineral Resources: Role of environmental legislation in the management of threatened, endangered and commercially exploited species (incl. captive-bred lion)
Biodiversity and Conservation
28 February 2017

2. Purpose
To brief the Select Committee on Land and Mineral Resources on the role of national environmental legislation in the management threatened or protected and commercially exploited species, in particular captive- bred lion.

3. Table of contents Introduction Listing of African lion
Legislative requirements
Offences and penalties
Legislative amendments
Biodiversity Management Plan
Proposed trade in lion bones

4. Introduction (I/III)
International agreements relating to lion in respect of
protection and sustainable use primarily involve the:
Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES); and
Convention on Biological Diversity (CBD)
The CBD and CITES focus on:
Protection and conservation
Bioprospecting, fair and equitable sharing of benefits
Sustainable use
Effect to international agreements is given in terms of
the National Environmental Management: Biodiversity
Act, 2004 (Act No. 10 of 2004) (NEMBA)

5. Introduction (II/III)
The Department of Environmental Affairs (DEA) and the
Department of Tourism jointly hosted a Biodiversity
Economy and Tourism Lab, as part of Operation
Phakisa, from 10 April - 13 May 2016
The purpose of the lab was to advance the economic
potential of South Africa’s natural resources
The initiatives with detailed implementation plans
developed during the Lab, focused on addressing
challenges that prevent growth in, and transformation
of, the biodiversity economy

6. Introduction (III/III)
While NEMBA currently focuses strongly on the
conservation and protection of species and ecosystems,
it requires substantial amendment to promote
and facilitate sustainable use of biodiversity resources;
thus creating an enabling legislative environment to
achieve the outcomes of the Lab
The process of substantial amendments to NEMBA has
commenced in 2016

7. NEMBA Biodiversity Management Plan Norms and Standards
Regulations
TOPS Regulations
CITES Regulations
BABS Regulations
AIS Regulations
Professional Hunting Regulations
Norms and Standards
Marking of rhino and horns, and hunting of rhino
Management of elephants in South Africa
Damage-causing animals
Draft
Prohibition Notice
rhino horn
Trade in
Wild cycads and export of large cycads
Biodiversity Management Plan
Albany cycad
African penguin
Black rhino
White rhino
Lion

8. Listing of lion (I/II)
Activities involving lion is regulated in terms of national
and provincial biodiversity legislation
Enabling national legislation: NEMBA
Section 56 of NEMBA enables the Minister to list a
species as threatened or protected
Threatened species:
critically endangered, endangered or vulnerable, depending on
its level of threat with extinction (based on IUCN Red List
criteria)

9. Listing of lion (II/II)
Protected species
Species of national importance or high conservation value
Lion is currently listed in terms of NEMBA as a
vulnerable species

10. Legislative requirements (I/III)
A permit is required in terms of NEMBA to carry out any
restricted activity involving a lion specimen
Restricted activities include possession, transport,
selling, hunting/ killing, import/ export, etc.
A specimen includes a living or dead lion, or any part
of a lion (e.g. skin or bones)
Illegal killing of lion (killing without a permit) =
poaching

11. Legislative requirements (II/III)
The Threatened or Protected Species (TOPS) Regulations
require the compulsory registration of persons as
wildlife traders, or facilities such as captive breeding
facilities, zoos, sanctuaries, rehabilitation facilities, etc.
The TOPS Regulations prohibit the hunting of lion:
In a controlled environment (an area that is too small for a
population to be self-sustainable)
That is trapped against a fence, without a fair chance to evade
the hunter
By means of darting, or a lion that is under the influence of a
tranquilising or narcotic agent

12. Legislative requirements (III/III)
By means of a trap, snare, poison, shot gun or air gun
By luring it with smell, sound or any other induced luring
method
By means of flood/ spot lights, or from a vehicle or aircraft
(except under specific conditions)

13. Offences involving lion (I/II)
Offences in terms of NEMBA:
Failure to comply with a prohibition notice (currently none applicable to lion)
Failure to comply with any permit requirement (Example: killing without a permit)
Failure to comply with any permit condition (Example: collection of DNA for genetic profiling)
Fraudulently altering a permit or fabricating a document to pass it as a permit (Example: changes to permit holder information / dates / quantities or use a fraudulent permit)
Making a false statement for the purpose of obtaining a permit (Example: false information relating to legal acquisition)
Allowing another person to carry out a restricted activity without a permit (e.g. allowing another person to poach a lion)

14. Offences involving lion (II/II)
Offences in terms of the TOPS Regulations:
Hunting a lion in a prohibited manner
Conducting a facility or operating as a wildlife trader without
prior registration
Fraudulently altering game farm hunting permits by a game
farm owner, or personal effects permits by a wildlife trader
Carrying out a restricted activity in contravention of
applicable norms and standards constitutes a crime in
terms of NEMBA, by contravening a permit condition

15. Penalties involving lion
Penalties in terms of NEMBA:
A fine not exceeding R10 million, or a fine equal to three times
the commercial value of the specimen involved (e.g. lion skin),
whichever is greater; or
Imprisonment for a period not exceeding 10 years, or
Both a fine and such imprisonment.
Penalties in terms of the TOPS Regulations:
Imprisonment for a period not exceeding five years; or a fine not
exceeding R5 million; or
Both such a fine and such imprisonment; or
In the case of a second or subsequent conviction, to a fine not
exceeding R10 million or imprisonment for a period not exceeding 10
years, or both such a fine and such imprisonment.

16. Legislative amendments (I/II)
Substantial amendment of the TOPS Regulations and
species list, including provisions relating to lion
Purpose of the amendment is to strengthen certain
provisions, e.g.:
A permit for the breeding of lion in captivity must be refused,
unless the applicant can demonstrate how such breeding in
captivity will contribute to the conservation of lion
Release of a captive-bred lion into a national protected area
will require a compulsory risk assessment
No lion originating from a wild population may be introduced
into a captive breeding facility, except for conservation
purposes.

17. Legislative amendments (II/II)
Based on the most recent Red List Assessment, lion will
be listed as a protected species in terms of NEMBA
Progress – approval by Minister initiated to table with
NCOP for approval, and with National Assembly for
noting

18. Biodiversity Management Plan (I/III)
A Biodiversity Management Plan (BMP) for Panthera leo
has been developed in terms of NEMBA and published
on 2 December 2015 in the Gazette for implementation
The purpose of a BMP is to ensure the long-term
survival in nature of the species to which the plan
relates
Reasons for developing a BMP for lion:
IUCN Red List status and NEMBA status
Protected under Appendix II of CITES

19. Biodiversity Management Plan (II/III)
Regional Strategy for Lions in East and Southern Africa
in 2005 (IUCN SSC Cat Specialist Group 2006) -
encouraged the development of national strategies, to
be harmonized with regional and national strategies
from neighbouring countries
Vision of the Lion BMP:
Through the existence of stable, viable and ecologically
functional populations of wild and reintroduced lions, along with
well-managed captive populations that have minimal
conservation impacts, lions will provide key opportunities for
economic development, social benefits and biodiversity
conservation and improved management capacity

20. Biodiversity Management Plan (III/III)
Progress to date:
The National Lion Task Team to coordinate the implementation of
the BMP is being established

21. Proposed trade in lion bones (I/III)
Panthera leo (African lion) included in Appendix II of
CITES
Trade in bones and other lion body parts was taking
place (bones mainly a by-product of trophy hunting)
At CITES CoP17, 2016, Panthera leo listing was revised:
Appendix II of CITES with an annotation:
With effect from 02/01/2017, for African populations: a zero annual export quota is established for specimens of bones, bone pieces, bone products, claws, skeletons, skulls and teeth removed from the wild and traded for commercial purposes. Annual export quotas for trade in bones, bone pieces, bone products, claws, skeletons, skulls and teeth for commercial purposes, derived from captive breeding operations in South Africa, will be established and communicated annually to the CITES Secretariat.

22. Proposed trade in lion bones (II/III)
The Management Authorities and Scientific Authority of South Africa proposed a quota of 800 skeletons per annum, originating from
The proposal was based on an assessment of previous year’s
trade data (including trade in bones and hunting trophies)
The quota will be managed at a national level
International trade will be restricted to trade in skeletons only
(not individual pieces, bone pieces, etc.)
Upon receipt of an application from a captive breeding
operation (CBO)/hunting farm, the province will confirm with
DEA whether a quota is available

23. Proposed trade in lion bones (III/III)
The issuing authority will evaluate the application and
determine whether the relevant permit can be issued
Skeletons will be packed separately at source (captive
breeding operation/ hunting farm), weighed, tagged and a
DNA sample will be taken
Quota numbers will be indicated on all permits (e.g. killing/
hunting/ selling/ buying/ transporting/ exporting)
Consignment to be inspected (and weighed) and permit
endorsed at port of exit; random DNA samples will be
collected.