1. Briefing of the Portfolio Committee on Environmental Affairs: Recent changes in legislation pertaining to: Rhinoceros horn Lion bones Hunting 23 May 2017

2. Purpose To inform members of the Portfolio Committee (PC) on
Environmental Affairs, of recent changes in legislation
pertaining to:
Rhinoceros horn;
Lion bones; and
Hunting.

3. Recent changes in legislation pertaining to rhinoceros horn

4. Introduction The Department of Environmental Affairs (DEA)
published draft regulatory measures relating to the
domestic trade in rhinoceros horn in terms of the
National Environmental Management: Biodiversity Act,
2004 (Act No. 10 of 2004) (NEMBA)
Domestic trade in rhinoceros horn meant:
selling, giving, donating or in any other way disposing of,
buying, receiving or in any other way acquiring
rhinoceros horn, or any product or derivative thereof
The following draft regulatory measures were
published in the Gazette on 8 February 2017 for public
participation for a period of 30 days:

5. Proposed regulatory measures (I/III)
Draft regulations in terms of section 97, aimed at
prescribing the circumstances in which rhinoceros
horn may be sold or bought, including at auctions, or
may be exported:
additional requirements relating to the purchase and export of
rhinoceros horn by persons who are not citizens of, or
permanent residents within, the Republic of South Africa (RSA);
a person may not take possession of rhinoceros horn, unless
the markings thereof have been verified and a possession
permit has been issued
requirements relating to the validity of permits for the selling/
buying of rhinoceros horn by auction
an affidavit may not be accepted as prove of legal acquisition
of rhinoceros horn (possession permit would be required)

6. Proposed regulatory measures (II/III)
rhinoceros horn may not be exported via any port of exit other
than OR Tambo International Airport
only 2 rhinoceros horns may be exported for personal (primarily
non-commercial) purposes by persons who are not citizens of, or
permanent residents within, the RSA
(b) Draft notice in terms of section 57(2) to prohibit:
the powdering of a rhinoceros horn, or creating derivatives
such as slivers, chips or drill bits
removal of parts or layers (shaving) of rhinoceros horn
trade in, including export of, the powder, shavings or similar
derivatives of rhinoceros horn
Exclusion from the prohibition:
forming of powder or shavings when inserting a microchip or
dehorning a rhino, or for scientific research or genetic profiling
purposes

7. Proposed regulatory measures (III/III)
donation of the powder, shavings or derivatives to the State
import, export or re-export of powder, shavings or derivatives
by the State, or institution doing research or genetic profiling
Proposal relating to the listing of Eastern black
rhinoceros (Diceros bicornis michaeli):
(i) De-listing in terms of section 72 as an invasive species; and
(ii) Listing in terms of section 56(1)(d) as a protected species, in
order to afford it (as a non-indigenous subspecies) the same
level of legal protection against poaching as to the indigenous
subspecies.
The scope of the draft regulations and prohibitions – to
apply to all indigenous rhinoceros species, as well as
non-indigenous subspecies already occurring in the
RSA

8. Way forward The DEA is in the process of assessing the comments
received, for finalisation of the draft regulatory
measures for implementation

9. Recent changes in legislation pertaining to lion bones

10. Existing legal provisions - NEMBA
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
Lion is currently listed in terms of NEMBA as a vulnerable species
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. Existing legal provisions - TOPS
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.
Captive breeding facilities for lions – registered in terms of TOPS
TOPS provision – must consider Biodiversity Management Plan (BMP) for the species, if available
BMP for African Lion – published in the Government Gazette in December 2015
The National Lion Task Team to coordinate the implementation of the BMP has been established

12. Existing legal provisions - CITES
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.
A recommendation relating to a proposed quota has been submitted for consideration by Minister
Informed by the Scientific Authority’s recommendation, which includes management, monitoring and research aspects

13. Recent changes in legislation pertaining to hunting

14. Introduction (I/II)
The Scientific Authority of South Africa (SA) had been
requested to advise on the annual leopard hunting
quota for 2016
In order to provide such advise, the SA considered:
the non-detriment finding (NDF) published in September 2015
for scientific input;
the effectiveness of quota conditions introduced in 2015; and
additional information obtained subsequent to the publication
of the NDF
The SA then recommended:
a zero trophy hunting quota for 2016; and
implementation of urgent measures to facilitate sustainable
use of leopard populations, which would include norms and
standards (N&S) for the management and monitoring of leopard
hunts

15. Introduction (II/II)
The DEA published draft Norms and Standards for the
management and monitoring of the hunting of leopard
in South Africa for trophy hunting purposes (Leopard
N&S), in terms of section 9 of NEMBA, in the Gazette
on 8 February 2017 for public participation for a
period of 30 days
The purpose of the Leopard N&S is to ensure that
trophy hunting is done in an ecologically sustainable
manner
The provisions apply to local hunters and hunting
clients
The provisions apply on private or state land

16. Key proposed provisions (I/II)
Requirements aimed at reducing the impact on
population stability
restrict hunting of leopard to males of 7 years and older
taking and passing of an on-line leopard hunting examination
establishing Leopard Hunting Zones (LHZ) for even distribution of hunting effort across the leopard range in each province
LHZs to be determined by the South African National Biodiversity Institute (SANBI), based on return of hunting information and leopard population monitoring data
only one leopard hunt in a particular LHZ per hunting season
if a female or under-aged male was hunted, no further quota may be allocated in the affected LHZ for the next hunting season

17. Key proposed provisions (II/II)
link permit allocation to minimum size of property where the hunt will take place (to be determined by the issuing authority
inspection of the hunting trophy by an Environmental Management Inspector (EMI) within 48 hours of the hunt
skin sample to be collected by the EMI for genetic profiling (for the cost of the hunter)
hunting returns must be submitted to the issuing authority, for both successful and unsuccessful hunts
hunting returns for successful hunts must be accompanied with photographs
DEA may not issue hunting quotas if all hunt returns have not been received, or based on SANBI/ Scientific Authority advice

18. Way forward The DEA is in the process of assessing the comments
received, for finalisation of the draft Leopard N&S for
implementation