1. Select Committee on Land and Mineral Resources
Approval of the amended Norms and Standards for the marking of rhinoceros and rhinoceros horn and for the hunting of rhinoceros for trophy hunting purposes for implementation
23 May 2017
Biodiversity and Conservation

2. Purpose TOPS Regulations
a) To inform the Select Committee on Land and Mineral
Resources of the need to implement revised Norms and
Standards for the marking of rhinoceros and
rhinoceros horn and for the hunting of rhinoceros for
trophy hunting purposes (Rhino N&S); and
To request the Select Committee to recommend the
draft revised Rhino N&S to the NCOP for approval

3. Introduction (I/III) TOPS Regulations
The Rhino N&S were developed in terms of section 9 of
the National Environmental Management: Biodiversity
Act, 2004 (Act No. 10 of 2004) (NEMBA)
The Rhino N&S were implemented on 20 July 2009,
aiming at providing national uniformity in respect of
the marking of live rhino and rhino horn, and to
provide for a process to monitor the legal hunting of
white rhino by foreign hunters

4. Introduction (II/III) TOPS Regulations
The Rhino N&S, 2009 were repealed on 10 April 2012
when substantially amended N&S were implemented
The purpose of the amendments in 2012 was to
strengthen existing provisions and to provide
additional measures, which included:
Providing a minimum size of rhino horn for marking
Owner/ manager of the game farm, as well as official/ EMI who
attended the hunt, must sign off the hunting permit;
Transport of the horns as part of the hunting trophy may only
be authorised in terms of an individual transport permit;

5. Introduction (III/III) TOPS Regulations
Upon receipt of the rhino horns, the taxidermist or owner of a
similar facility must report the information as specified in the
N&S, to the issuing authority
The scope of the N&S as far as it related to the hunting of rhino,
was extended to include black rhino
Amendment of the Rhino N&S, 2012 was required,
primarily to clarify specific responsibilities of the issuing
authorities and the interpretation of certain
requirements, and to effect editorial changes, in order
to improve compliance with the Rhino N&S

6. Stakeholder consultation TOPS Regulations
Inter-governmental consultation:
Working Group (WG) IV (compliance and enforcement) in 2014
WG 1 (biodiversity), WG 11 (legislation), MINTECH and MINMEC
consultation in 2015
Publication of the draft amendments in the Gazette on
12 January 2016 for public participation for a period of
30 days
WG 1, WG 11, MINTECH and MINMEC consultation for
approval to publish for implementation, in 2016

7. Key comments received (I/II) TOPS Regulations
All rhino hunts must take place in the presence of an
EMI
Position of placement of the microchip in live animals
Alignment of definitions with TOPS Regulations
SABS comment relating to national standards (SANS)
for microchips and unmovable safes
Reference to the rhino horn trade moratorium
Insertion of the microchips by a veterinarian when live
rhino is darted

8. Key comments received (II/II) TOPS Regulations
Clarity that the monitoring of the hunt will be at the
cost of the issuing authority
Time frames for reporting (mortalities, information to
be provided by the EMI and taxidermist on the horns
of the rhino hunted)

9. Key amendments (I/V) TOPS Regulations
Skin and horn samples must be collected when a live
rhino is darted for any purpose, instead of only when
the rhino is sold and transported;
More precise location of the placement of the microchip
in a live rhino, namely behind the ear, close to the base
of the ear (previously in front of the left shoulder);
When a live rhino is darted, the microchips may be
inserted by a veterinarian (previously only be an
Environmental Management Inspector [EMI]);

10. Key amendments (II/V) TOPS Regulations
If the Department of Environmental Affairs (DEA) does
not receive timeous confirmation from the country of
usual residence on the credentials of the hunting client,
then it is the responsibility of the latter to obtain such
confirmation, in order to enable the DEA to make a
recommendation to the relevant issuing authority on
the rhino hunting application;
The curriculum vitae regarding previous hunting
experience of a hunting client, relates to the hunting of
mammalian game species indigenous to Africa
(previously referred to any African species);

11. Key amendments (III/V) TOPS Regulations
All rhino hunts must take place in the presence of an
EMI, including rhino hunts conducted by local hunters;
The permit of a local hunter in respect of the hunting of
a rhino and the subsequent transport of the horns,
together with the rest of the hunting trophy, may be
issued as a combined permit (this would not be
possible in the case of a hunting client, as the hunter
and the person transporting the horns would not be the
same person);

12. Key amendments (IV/V) TOPS Regulations
Clarification that horn and blood samples of a particular
rhino do not have to be collected for the purpose of
genetic profiling, if the genetic profiling of such rhino
has been done previously;
Clarification that the cost for the genetic profiling is for
the DEA, except in the case of genetic profiling forming
part of a criminal investigation, and that the facility
responsible for the genetic profiling must provide the
DEA with a copy of the profiling report.

13. Key amendments (V/V) TOPS Regulations
Time frames for reporting on:
rhino mortalities (within 5 working days)
rhino horn (trophy) information by:
EMI - within 5 working days after the hunt
taxidermist - within 24 hours of receipt of the trophy
Removed reference to rhino horn trade prohibition
notice
Endorsement of the CITES export permit by an EMI or a
mandated official from a border law enforcement
agency

14. Parliamentary approval (I/II) TOPS Regulations
Section 146(6) of the Constitution states that a law
made in terms of an Act of Parliament or a provincial
Act can prevail only if that law has been approved by the
National Council of Provinces (NCOP).
Section 8(3) of NEMBA requires the Minister to submit
all subordinate legislation to the NCOP for approval, in
order to effectively resolve conflict that may arise
between the subordinate legislation and provincial
conservation legislation in terms of section 146(6) of
the Constitution.

15. Parliamentary approval (II/II) TOPS Regulations
Section 97(3A) of NEMBA further requires the Minister
to submit any regulations made in terms of NEMBA to
Parliament 30 days prior to the publication thereof in
the Gazette.

16. Recommendation TOPS Regulations
It is recommended that members of the Select Committee
on Land and Mineral Resources:
a) Take note of the need to implement revised Norms and
Standards for the marking of rhinoceros and
rhinoceros horn and for the hunting of rhinoceros for
trophy hunting purposes (Rhino N&S); and
Recommend the draft revised Rhino N&S to the NCOP
for approval.