Legislation

EC Provincial Gazette 2016 Hunting Proclamation

Official Gazetted 2016 EC Provincial Hunting Proclamation.

This is an extract of the 52 page document (3676_30-5_ECape) which was downloaded off the Government Printers website, www.gpwonline.co.za.  For some unknown reason the general notice #22 was combined with another proclamation #1, another notice #133 and a local authority notice #47, all of which are irrelevant to our notice.

Next year the dates of the hunting season will run from the 1st of a month to the last day of a month.

This was agreed upon by all participants, of the Stakeholders in the EC Safari Industry Committee (SECSICOM), at a meeting held on 31 May 2016.

Should the EC Provincial Hunting Proclamation, for some unavoidable and unfortunate incident ever be delayed again, the dates in the current years proclamation will remain effective.

Received from Tim de Jongh, EC Dept. Economic Development, Environmental Affairs and Tourism - 082 461 4087

 

 

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National legislation - DCA

NORMS & STANDARDS FOR MANAGEMENT OF PREDATORS

The Minister of Environmental Affairs has given notice to issue norms and standards for the management of damage causing animals in South Africa.  Member of the public are invited to submit comments by 30 September 2016.  Read here

 

Regulatory provisions in terms of Damage Causing Animals (DCA's) as contained in the National Environmental Management:  Biodiversity Act, 2004 (Act No. 10 of 2004) (NEMBA)

Species are listed as threatened or protected in terms of section 56(1) of NEMBA (list attached)

Section 57.       Restricted activities involving listed threatened or protected species and species to which an international agreement regulating international trade applies

(1)     A person may not carry out a restricted activity involving a specimen of a listed threatened or protected species without a permit issued in terms of Chapter 7.

Relevant definitions:

“restricted activity”-

(a)      in relation to a specimen of a listed threatened or protected species, means-

(i)       hunting, catching, capturing or killing any living specimen of a listed threatened or protected species by any means, method or device whatsoever, including searching, pursuing, driving, lying in wait, luring, alluring, discharging a missile or injuring with intent to hunt, catch, capture or kill any such specimen;

(ii)      gathering, collecting or plucking any specimen of a listed threatened or protected species;

(iii)     picking parts of, or cutting, chopping off, uprooting, damaging or destroying, any specimen of a listed threatened or protected species;

(iv)     importing into the Republic, including introducing from the sea, any specimen of a listed threatened or protected species;

(v)      exporting from the Republic, including re-exporting from the Republic, any specimen of a listed threatened or protected species;

(vi)     having in possession or exercising physical control over any specimen of a listed threatened or protected species;

(vii)    growing, breeding or in any other way propagating any specimen of a listed threatened or protected species, or causing it to multiply;

(viii)    conveying, moving or otherwise translocating any specimen of a listed threatened or protected species;

(ix)     selling or otherwise trading in, buying, receiving, giving, donating or accepting as a gift, or in any way acquiring or disposing of any specimen of a listed threatened or protected species; or

(x)      any other prescribed activity which involves a specimen of a listed threatened or protected species; and


“species”
means a kind of animal, plant or other organism that does not normally interbreed with individuals of another kind, and includes any sub-species, cultivar, variety, geographic race, strain, hybrid or geographically separate population;


“specimen”
means-

(a)      any living or dead animal, plant or other organism;

(b)      a seed, egg, gamete or propagule or part of an animal, plant or other organism capable of propagation or reproduction or in any way transferring genetic traits;

(c)      any derivative of any animal, plant or other organism; or

(d)      any goods which-

(i)       contain a derivative of an animal, plant or other organism; or

(ii)      from an accompanying document, from the packaging or mark or label, or from any other indications, appear to be or to contain a derivative of an animal, plant or other organism;

Regulatory provisions relating to DCA's - Threatened or Protected Species (TOPS)

(1)       The provincial department responsible for the conservation of biodiversity in a province, must determine whether an individual of a listed threatened or protected species can be deemed to be a damage causing animal.

(2)       In the case of a damage causing animal originating from a protected area, the following control options must be considered by the provincial department referred to in subregulation (1) or the management authority of a protected area:

(a)       Capture and relocation by the provincial department referred to in subregulation (1) or the management authority of the protected area;

(b)      control by the provincial department referred to in subregulation (1) or the management authority of a protected area by culling or by using methods prescribed in subregulations (4), (5) and (6); or

(c)       control by a person, other than a hunting client, designated in writing, by the provincial department referred to in subregulation (1) or the management authority of the protected area, and in possession of a valid permit to capture and relocate or to control by means of methods prescribed in subregulation (4), (5) and (6).

(3)       Subregulation (1) does not prevent a landowner from killing a damage causing animal in self-defence where human life is threatened. If a damage causing animal is killed in an emergency situation -

(a)       the landowner must inform the relevant issuing authority of the incident within 24 hours after it has taken place; and

(b)      the issuing authority must evaluate the evidence and may condone the action in writing or if necessary, take appropriate steps to institute criminal proceedings.

(4)       The holder of a permit referred to in regulation 5(2)(a) and (c) or a person referred to in subregulation 2(c) may hunt a damage causing animal by any of the following means, as specified on his or her permit:

(a)       poison, which has in terms of applicable legislation, been registered for the purpose of poisoning the species involved and as specified by the issuing authority;

(b)      bait and traps, excluding gin traps, where the damage causing animal is -

(i)        in the immediate vicinity of the carcass of domestic stock or wildlife which it has or apparently has killed;

(ii)       about to cause damage to domestic stock or wildlife;

(c)       dogs, for the purpose of flushing the damage causing animal or tracking a wounded animal;

(d)      darting, for the subsequent translocation of the damage causing animal, and

(e)      a firearm suitable for hunting purposes.

(5)       The holder of a permit referred to in regulation 5(2)(a) and (c) or a person referred to in subregulation 2(c) may hunt a damage causing individual by luring it by means of-

(a)       sounds; or

(b)      smell.

(6)       The holder of a permit referred to in regulation 5(2)(a) and (c) or a person referred to in subregulation 2(c) may hunt a damage causing animal by using a motorised vehicle and flood or spotlights.

(7)       In the case of a damage causing animal originating from an area other than a protected area, the following control options must be considered by the provincial department referred to in subregulation (1):

(a)       Capture and relocation by the provincial department referred to in subregulation (1);

(b)      control by the provincial department referred to in subregulation (1) by using methods prescribed in subregulations (4), (5) and (6); or

(c)       control by a person, other than a hunting client, designated in writing, by the provincial department referred to in subregulation (1), and in possession of a valid permit to capture and relocate or to control by means of methods prescribed in subregulation (4), (5) and (6).

 

 

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EC legislation regarding Dog Hunting Packs & the use of Poison

LEGISLATION REGARDING BLACK-BACKED JACKAL & CARACAL DOG HUNTING PACKS

You may keep a dog pack, there is no restriction safe those of the SPCA, which you can get from them.

However, the Ordinance on Nature and Environmental Conservation, Ordinance 19 of 1974, and Provincial Notice No. 955 of 1975 stipulates the following:

  1. (1) (b)     The MEC may make regulations regulating and restricting the use of dogs in the hunting of any wild animal in any area in respect of which the operation of section 29 (l) has been suspended by proclamation under section 79 (b),

Section 42 of the Regulations (Provincial Notice No. 955 of 1975) state:

No owner of land in an area in which the application of section 29 (l) of the ordinance has been suspended by proclamation under section 79 (b) of the ordinance may permit the use of more than eight dogs over the age of one year and four dogs under the age of one year in any particular hunt on such land.

 

MAY THEY GO ONTO ANY FARM WITHOUT PERMISSION

No they may not!  Ordinance on Nature and Environmental Conservation, Ordinance 19 of 1974 stipulates:

To summarize Section 39 and 40 – you may only hunt on someone else’s property if you have their written permission, which has to be in your possession during the hunt.

 

LEGISLATION REGARDING USING POISON

Extract of the hunting proclamation:

SPECIES & DISTRICT

HUNTING SEASON

DAILY BAG LIMIT

(per person per day)

CONDITIONS & SUSPENSION OF LISTED SECTIONS

Applicable to all districts in the Eastern Cape portion of the former Cape of Good Hope.

 

 

 

Black-backed jackal

(Canis mesomelas)

Caracal

(Caracal caracal)

1 January - 31 December

Unrestricted

Section 29 (a) [poison] - only poison registered specifically for these species may be used, (b) [artificial light] & (e) [night] - note paragraph 2, (d) [trap] - it excludes wire snares & any gin trap without an offset & a set screw, (g) [calibre less than five coma six millimetres], (h) [automatic] & (l) [dog]

Section 33(1) - use of a motor vehicle only

Only poison registered specifically for these species may be used – only 1080 poison collars may be used on livestock to control predators1080 may NOT be extracted from the collar and then used!

Another extract from the hunting proclamation referring to poison:

Rodents (excluding porcupines)

1 January - 31 December

Unrestricted

Section 29 (a) [poison] - ONLY poison registered as a rodenticide under Act No. 36 of 1947 is allowed and may only be used indoors, (b) [artificial light], (d) [trap] - confined only to the use of a cage & excludes any other illegal method such as wire snares & any gin trap, (e) [night] & (g) [calibre less than five coma six millimetres]

Section 29 (a) [poison] - ONLY poison registered as a rodenticide under Act No. 36 of 1947 is allowed and may only be used indoors,

 

 Information supplied by Tim de Jongh, DEDEA East Cape - Tel no (045) 808 4000 (July 2015)

 

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