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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 more.
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).
NCNCA Fence specifications and categories for Herbivore species and dangerous animals
Revised regulations and species list relating to Threatened or Protected Species, revised Elephant Norms & Standards, Leopard Trophy Hunting, commencement Notice for rhino horn legislation. Government Gazette, No. 47984, dated 3 February 2023
WRSA AND PHASA SECURE WITHDRAWAL OF NEW TOPS REGULATIONS
Urgent litigation initiated by WRSA and PHASA in the Gauteng Division of the High Court has resulted in the withdrawal of the new TOPS Regulations and TOPS Lists promulgated by the Minister of Forestry, Fisheries, and the Environment on 3 February 2023.
The Minister has confirmed, in a settlement concluded between the legal representatives for the parties the night before the matter was to be heard in the urgent court, that the new TOPS Regulations and TOPS Lists will not be coming into operation on 1 April 2023 and will be formally withdrawn by the Minister. The Minister has also agreed to pay the costs of the application.
A full press release to follow.
Click here for current TOPS regulations of 2007. Please bear in mind that this version of the TOPS Regulations is not the official gazette version. Although it contains the original TOPS Regulations of 2007, as well as all the subsequent amendments that have been implemented to date, it remains just a handy reference document.
Predation Management South Africa (PMSA) commented on the Draft White Paper on Conservation and Sustainable Use of South Africa’s Biodiversity, 2022 (Government Gazette No. 46687).