Minister Molewa invites comments on ToPS

[Flutterby]

18 April 2013

Minister Edna Molewa invites public comments on the proposed amendments to the ToPS regulations and the publication of amended list of species that are threatened or protected, restricted activities that are prohibited and exemption from restriction

The Minister of Water and Environmental Affairs, Ms Edna Molewa published for public comment under section 97 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), the Regulations related to listed Threatened or Protected Species (ToPS) in Gazette No. 36375 of 16 April 2013.

The amendments to the ToPS regulations address implementation challenges experienced in the implementation of the current ToPS regulations. Subsequent to the public participation process, the regulations and list of threatened or protected species will be amended based on the consideration of comments received during the process and re-submitted for consideration by the Minister. These regulations and species lists replace the current ToPS regulations and species list.

The purpose of the regulations is to regulate the permit system and to regulate and prohibit the manner in which specific restricted activities may be carried out. The regulations have also been established to provide for the recognition of associations and for the composition and operating procedures of the Scientific Authority. In addition, these regulations serve to provide for the registration and regulation of, amongst others, game farms; boat-based whale and dolphin watching operators; wildlife translocators and white shark cage-diving operators. The regulations have been expanded to include all threatened or protected marine species including whales, dolphins, various species of seals and seabirds, to provide for an integrated and uniform system of managing and regulating all ToPS species within one piece of legislation, whether marine or terrestrial.

As per the requirements of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), the carrying out of a restricted activity may only be authorised in terms of certain permits including an ordinary permit, standing permit, boat-based whale and dolphin watching permit, white shark-cage diving permit and a permit to an official of an issuing authority.

According to the draft regulations, permit applications for certain restricted activities including wild specimens of critically endangered species or the importation of indigenous species from other countries must be accompanied by a risk assessment report. The report must include various information including the taxonomy of the species, the role of the species in the ecosystem, the risks associated with the restricted activity and the management of potential risks.

Boat-based whale and dolphin watching; and white shark cage-diving permits may only be applied for following an invitation published in the Gazette. In addition, permit applications for boat-based whale and dolphin watching; and white shark cage-diving require that the applicant be a South African citizen and will employ the services of a qualified skipper and one or more registered tour guides. The applicant must also be in possession of adequate public liability insurance and have access to a vessel suitable for boat-based whale and dolphin watching or a vessel and cage suitable for white shark cage diving. Many of these requirements are consistent with the requirements for the existing permits issued in these sectors and it is important to note that any permits issued under the Marine Living Resources Act, 1998 will continue to be valid until a new allocation process is commenced.

When awarding a permit for boat-based whale and dolphin watching and for white shark cage diving, the issuing authority will consider whether the permit holder will promote economic growth and the sustainable non-consumptive use of whales, dolphin and sharks in the industry. In addition, the issuing authority will, in issuing a permit, evaluate the need to address transformation in the industry as well as the need to improve the regulatory and compliance framework pertaining to the industry. Furthermore, the issuing authority will consider the extent to which the applicant invested or participated in the industry and the number, working conditions of and opportunities for the employees of the applicant.

With regard to the possession of rhinoceros horn and elephant ivory, the regulations stipulate certain requirements for permits authorising the possession of rhinoceros horn and elephant ivory. Applications for the possession of a rhinoceros horn and elephant ivory must be accompanied by; amongst others information on the weight of each detached horn or ivory and photographs of each detached horn or ivory. In addition and prior to the issuance of a permit, an official of the issuing authority must conduct an inspection of the rhinoceros horn or elephant ivory in order to verify the information supplied by the applicant.

Furthermore, the proposed regulations for threatened or protected species prohibit any person from operating a captive breeding facility, sanctuary, scientific institution, trading in wildlife products or translocating wildlife without being registered with the issuing authority. It must be noted that the registration of such an individual or facility does not absolve the holder of the registration from the obligation to obtain a permit for carrying out a restricted activity.

Amongst the information required for the registration of a captive breeding facility or commercial exhibition farm, applicants must provide evidence of the legal acquisition of the specimens; information on the security measures to prevent escape or theft and the past, current and expected annual production of offspring.

With regards to the duties of permit holders, the regulations stipulate that permit holders must comply with any norms and standards related to the carrying out of a restricted activity for which a permit is issued. For example, the revised norms and standards for the marking of rhinoceros horn, and for the hunting of rhinoceros for trophy hunting purposes were published for implementation in Gazette No. 35248 of 10 April 2012 and permit holders under these regulations are obliged to comply with the norms and standards.

In terms of penalties, the draft regulations state that an individual found in contravention of a provision of the regulations is liable upon conviction to imprisonment for a period not exceeding five years or a fine not exceeding R5 million or both a fine and such imprisonment. In the case of a second or subsequent conviction, an individual will be liable to a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years, or both such a fine and imprisonment.

Minister Molewa has also published for public comment under sections 56 and 57 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), the lists of species that are threatened or in need of protection and activities that are prohibited and exempted from restriction in Gazette No 36375 of 16 April 2013.

Some of the species listed as critically endangered, include 15 of South Africa’s 39 cycad species, the Pink Velvetworm, Table Mountain Ghost Frog, Coelacanth and the Whale Shark. Endangered species include amongst others, the Cape Parrot, Black Rhinoceros, African Wild Dog, the Knysna Seahorse and a further 4 cycad species. Species listed as vulnerable include amongst others, the Inland Small Stag Beetle, Nile Crocodile, Blue Crane, Black Rhino, Basking Shark, the Olive Ridley Turtle and 10 cycad species as well as many medicinal plant species. Some of the species listed as protected include the Southern African Python, White-backed Vulture, Side-striped Jackal, White Rhinoceros, the African Elephant, many of the marine species formerly protected by the MLRA and an additional 7 cycad species. The publication of these species also includes the restricted activities, prohibitions and exemptions as well as activities requiring permits for the respective species.

Members of the public are invited to submit written comments to the Minister within 60 days of the publication of these notices. Comments for both notices may be addressed as follows:

By post to: The Director-General: Environmental Affairs
Attention: Ms Magdel Boshoff
Private Bag X447
Pretoria, 0001

By fax to: (012) 320 7026

By E-mail to: mboshoff@environment.gov.za

Hand delivered at: 315 Pretorius Street, corner Pretorius and Van Der Walt streets, Fedsure Forum

Building, 2nd Floor, North Tower.

Comments received after the closing date may not be considered.

To access the notice on the Regulations related to listed Threatened or Protected Species, click on the link below:

>>> National Environmental Management: Biodiversity Act, 2004 (Act No.10 of 2004) Threatened or protected species regulations (N388 no.36375)

To access the notice on the lists of species that are threatened or in need of protection and activities that are prohibited and exempted from restriction, click on the link below:

>>> National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) Publication of lists of species that are threatened or protected, activities that are prohibited and exemption from restriction (N389 no.36375)

For media queries, please contact

Albi Modise
Cell: 083 490 2871

https://www.environment.gov.za/?q=conte ... ntsof_tops

[Richprins]

Sounds good!

It's mostly about rhino, obviously, and more control. It may also be admin paving the way for legal horn sales?

[Toko]

Download PDF: Gazette No 36375 of 16 April 2013

This is a long list of species: 44 pages of critically endangered species; and the entire list of species that are threatened or protected is 109 pages