National Regulations for Threatened and Protected Species as applicable to hunters

Introduction

The Minister of Environmental Affairs and Tourism has, under authority of the National Environmental Management: Biodiversity Act, 2004 (NEMBA) published the mentioned regulations to be effective from 1 June 2007. The stipulations herein are, from a hunter’s perspective, applicable only to the following species:

Endangered species: Tsessebe, Black Rhinoceros, Mountain Zebra, African Wild Dog and Oribi.
Vulnerable species: Cheetah, Bontebok, Roan Antelope, Suni, Lion, Leopard and Blue Duiker.
Protected species: White Rhinoceros, Black Wildebeest, Spotted Hyaena, Black-footed Cat, Brown Hyena, Serval, Elephant, Spotted-necked Otter, Honey Badger, Sharpe’s Grysbok, Reedbuck and Cape Fox.
(Note that caracal and jackal have been removed from this list.)

For all other species, the current provincial legislation continues to be effective. We should however expect the latter to, in the near future, follow the example set by this national policy. Also is this presented as an opportunity for the hunting industry to “clean up its act”, for hunters to demonstrate that they will subscribe to the ethical codes of organised hunting, and for associations to demonstrate that they can self-police and organise themselves into a single body that represents hunting.

Summary of stipulations

The listed animals may be hunted on the proviso that
- the landowner registers his farm and obtains a standing permit for the farm (similar to the current CAE’s) and
- a hunting permit (or culling permit) is obtained by the hunter (or the farmer on his behalf).

For the culling of damage causing animals, the regulations make several exemptions, but for the normal hunting of listed species the following is now applicable:
- Semi-automatic weapons, airguns and .22 rimfire weapons may not be used.
- Shotguns may not be used, except to shoot birds.
- Bows may not be used for large predators, rhino, crocodile and elephant.
- Dogs may not be used for engaging the quarry, only for flushing, pointing, retrieving, and following of wounded animals.
- Luring (including bait, sounds and smell) may not be used; with the exception that for lions, leopard and hyena, dead bait may be used.
- Spot lights may not be used, except for leopard and hyena.
- Vehicles may not be used for hunting; with the exception that hunters older than 65 years and the physically disabled may do so; and an exception is further made for tracking and culling operations.
- Aircraft may not be used, except for tracking and culling operations.
- Non-South African hunters may not be involved in the culling of damage causing animals.
- Large predators and rhinos may not be hunted unless they have been on an ‘extensively managed’ property for more than 24 months (i.e. ‘put-and-take is not allowed).
- Animals under the influence of tranquilisers may not be hunted.
- Animals “trapped against a fence or in a small enclosure” may not be hunted.

Under the Firearms Act, twenty two hunting associations hold accredited status, allowing ‘dedicated members’ certain benefits i.r.o. firearm ownership. Now, under this regulation, hunting associations can apply for registration with DEAT, allowing their members certain benefits, the detail of which will be stipulated in the coming Norms & Standards for Self Regulation by the Industry. Pointers to what these benefits may be, can be gauged from the released Regulations which states e.g. “When considering an application for a permit to hunt a specimen of a listed threatened or protected animal species, an issuing authority must … take into account:
- whether the hunter will be accompanied by a professional hunter,
- whether a person applying for a permit is a member of a recognised hunting organisation.”
Registered hunting associations will be required to demonstrate that they enforce “a code of ethical conduct and good practices … that define criteria for hunting in accordance with the fair chase principle” and also that they have a clear policy on BEE.

Comment

CHASA is extremely relieved with the final product that has been released after nearly a year of extensive consultation. The truth is that the first draft of April 2006 was a disaster which, if implemented, would have had catastrophic consequences to wildlife and hunting. CHASA deliberately downplayed this threat and took a conscious decision not to be alarmist and raise unnecessary emotions. That allowed for a process of influencing and negotiation in an unemotional and professional way. Caucusing between recreational hunters, professional hunters and game ranchers took place in the HAWASA forum and was followed by a united approach to our consultation with DEAT.

As testament to the success of this approach, the Minister, in his accompanying media release, made a remarkable statement: “We applaud the industry’s substantial and positive contribution to conservation management and economic growth.” And then followed it with: “We also have a responsibility to … ensure that the industry has a sustainable future. In order to do this we must balance economic objectives with conservation management objectives.” The regulations now released indeed strike a well balanced compromise between commercial and conservation objectives. Most importantly, from a hunter’s perspective, it succeeds in regulating hunting in such a way that rogue practices are outlawed, contributing to help present an immaculate public face of hunting – an image that will ultimately secure the future of hunting.

The published regulations stand as a monument to the perseverance and the negotiating capacity of CHASA and its HAWASA allies. But it was certainly also made possible by a Department that deserves credit for the way in which it followed an inclusive and transparent process. Three DEAT officials in particular, deserve credit and recognition for the way in which they listened, understood and acted: Leseho Sello, Pieter Botha and Thea Carrol.

Some game farmers may well ask questions as to why their commercial needs cannot be paramount, and hunters are not insensitive to this need, as we are the ones that ultimately pick up the tab. The fact of the matter is however, that the concept of the triple bottom line in business is gaining momentum world wide. Businesses cannot focus on profit alone, but has to balance profitability with a responsibility to society as well as the environment – hence the triple bottom line being profit, people and environment. Businesses in all spheres are increasingly subjected to legislative measures that aim to enforce the triple bottom line. The balance struck by these regulations now gives our game farmers (and from a ‘who ultimately pays’ perspective, also our hunters) the moral high ground. The hunting industry can with right claim to be leading in the making of investments in the interest of conservation and biodiversity.

Regards

Ludolph Swanevelder
National Chair: CHASA