Exchange Control Amnesty and Amendment of Taxation Laws Act, 200
R 385
National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)NoticesNorms and Standards for the Marking of Rhinoceros and Rhinoceros Horn, and for the Hunting of Rhinoceros for Trophy Hunting Purposes4. Management of the hunting of rhinoceros |
| (1) | Any application in connection with the hunting of a rhinoceros by a hunting client must be referred to the Department by the relevant issuing authority, in order for the Department to make a recommendation in respect of the requirement contemplated in subparagraph (8) below, and for the Department to verify the information contemplated in subparagraph (3) below. |
| (2) | Any application for the hunting of black rhinoceros must be considered in accordance with the provisions of the Biodiversity Management Plan for black rhinoceros, published in terms of section 43 of the Biodiversity Act. |
| (3) | In addition to the application for a rhinoceros hunting permit, the following supporting information in respect of the hunting client to which the application relates, must be submitted to the issuing authority— |
| (a) | proof of membership of a hunting association in the country of usual residence of the hunting client (if applicable). The hunting association must be recognised by the government of the country of residence of the hunting client; |
| (b) | a Curriculum vitae, indicating his or her hunting experience in his or her country of usual residence; and proof of previous experience in the hunting of any mammalian game species indigenous to Africa; |
| (c) | a certified copy of the hunting client's passport; and |
| (d) | any additional relevant information that may be required by such issuing authority. |
| (4) | The Department must verify the information contemplated in subparagraph (3) with the Management Authority of the country of usual residence of the hunting client, and make a recommendation on the application within 15 working days after receipt of the information from the relevant issuing authority. |
| (5) | In the event that the Department has not received a response from the Management Authority of the country of usual residence of the hunting client, within the time frame contemplated in subparagraph (4), it is the responsibility of the hunting client to obtain such response and to submit it to the Department, prior to the Department making a recommendation on the application to the relevant issuing authority. |
| (6) | When considering an application for the hunting of rhinoceros, the issuing authority must take into account whether the country of usual residence of the hunting client, where the rhinoceros horn and the rest of the hunting trophy will be imported to, has adequate legislation to ensure that such rhinoceros horn and the rest of the hunting trophy will be used for the purpose as indicated on the CITES export permit. |
| (7) | The hunting of rhinoceros must be strictly regulated by means of an individual hunting permit and may not be authorized in terms of a game farm hunting permit, to the extent applicable, or a provincial exemption permit. The relevant issuing authority may issue the hunting permit as an integrated hunting permit, the content of which must include the name of the hunting client and a clear description of the property where the hunt will take place. |
| (8) | A hunting client may hunt only one white rhinoceros for trophy purposes within a 12-month period. |
| (9) | The permit authorizing the hunt must be signed by the hunter, whether such hunter is a hunting client or a local hunter, before commencement of the hunt. |
| (10) | A rhinoceros hunt must take place in the presence of an environmental management inspector from the issuing authority of the province concerned. All reasonable expenses incurred by such environmental management inspector to enable him or her to attend the hunt are at the cost of the issuing authority. |
| (11) | The environmental management inspector contemplated in subparagraph (10), whose contact details must be provided by the issuing authority, must be informed in writing by the hunting outfitter who organized the hunt, or the local hunter, as the case may be, of the date and place of the hunt, at least 48 hours before it takes place. |
| (12) | If the horns of the hunted rhinoceros have not already been marked by means of a microchip, the environmental management inspector contemplated in subparagraph (10) must mark the rhinoceros horns in accordance with the provisions of Paragraph 3(8). |
| (13) | The owner or the manager of the game farm where the hunt has taken place, as well as the environmental management inspector contemplated in subparagraph (10), must sign off the hunting permit immediately after completion of the hunt, to confirm the success of the hunt. |
| (14) | The environmental management inspector contemplated in subparagraph (10) must record the markings with which he or she has marked the horns of the hunted rhinoceros, on the hunting permit. |
| (15) | The environmental management inspector contemplated in subparagraph (10) must within 5 working days after completion of the hunt, report to the Department, on the template provided by the Department, information relating to the hunt, the relevant markings contemplated in subparagraph (12), as well as proof that the sample(s) contemplated in Paragraph 5(1) have been sent to the facility contemplated in Paragraph 5(5). |
| (16) | The professional hunting register must be completed by the professional hunter who accompanied the hunting client during the hunt, immediately after completion of the hunt. The environmental management inspector contemplated in subparagraph (10) must indicate the markings contemplated in subparagraph (12) on the professional hunting register. |
| (17) | The horns of the hunted rhinoceros, together with the rest of the hunting trophy, must be transported by a duly authorized person from the address where the hunt took place, directly to the taxidermy or similar facility to be processed and prepared for exportation. The transport of the horns as part of the hunting trophy may only be authorised in terms of an individual transport permit issued by the relevant issuing authority, and may not be authorised in terms of— |
| (a) | a standing permit; or |
| (b) | in combination with the hunting permit, except in the case of a local hunter. |
| (18) | The permit authorizing the hunt of the rhinoceros, the permit authorizing the transport of the horns and the rest of the trophy, and a copy of the professional hunting register must accompany the rhinoceros hunting trophy, including the horns, when being transported between destinations. |
| (19) | The owner of a taxidermy must, within 24 hours of receipt of the rhinoceros horns, report the following information to the Department— |
| (a) | date of receipt of the rhinoceros horns; |
| (b) | weight of the rhinoceros horns; |
| (c) | markings contemplated in Paragraph 3(8), of the rhinoceros horns; and |
| (d) | numbers of the hunting permit, transport permit and professional hunting register. |
| (20) | The owner of a taxidermy must keep a register that contains as a minimum the information contemplated in subparagraph (19). The register must be kept on site and must, upon request, be made available to the issuing authority or an environmental management inspector for inspection. |
| (21) | The relevant provincial issuing authority must record information in respect of the hunting of a rhinoceros on a database developed by the Department for this purpose. |
| (22) | The horns of a rhinoceros that was hunted as a trophy may not be exported in hand or personal baggage. |
| (23) | The relevant provincial issuing authority must refer an application for the export of a rhinoceros hunting trophy to the Department in terms of General Notice No. 431, published on 13 June 2014 in the Gazette, No. 37736, in order for the Department to consider the application and make a recommendation in respect thereof. |
| (24) | In support of an application contemplated in subparagraph (23) above, the relevant issuing authority must submit a copy of the signed-off hunting permit contemplated in subparagraph (13) above, and a copy of the report contemplated in subparagraph (15) above, to the Department. |
| (25) | If rhinoceros horns are exported as a hunting trophy, such horns may only be exported if accompanied by the necessary export permits, or an integrated export permit, as the case may be, relating to threatened or protected species and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), issued in terms of Chapter 7 of the Biodiversity Act. |
| (26) | The CITES export permit, or the integrated export permit, as the case may be, for the rhinoceros hunting trophy must be presented to an environmental management inspector, for inspection prior to the export of the trophy. The export permit must be endorsed by the environmental management inspector, or by an official from any other border law enforcement agency mandated to perform this function. |
