2. Purpose of this Schedule

3. Application of this Schedule

4. Applications relating to animals which are both provincially listed animals and nationally listed threatened or protected animals

5. Factors to be taken into account when considering applications for provincial hunting authorisations

6. Contents of provincial hunting authorisations

7. Hunting in special nature reserves, world heritage sites and wilderness areas

8. Hunting in national protected areas other than those referred to in clause 7(1)

9. Hunting in provincial protected areas

10. Hunting in protected areas to be consistent with biodiversity legislation and other management instruments

11. Hunting on private land adjacent to protected areas

12. Damage causing animals

13. Persons restricted from obtaining hunting authorisations and permits

15. National association of hunting organisations

16. Recognition of hunting organisations

17. Norms and standards for codes of ethical conduct and good practice

18. Withdrawal of recognition of hunting organisations

19. National Hunting Register

20. Short title and commencement

1. (1) In this Schedule, unless the context indicates otherwise, a word or expression defined in the Biodiversity Act or Protected Areas Act has the same meaning, and –

"adjacent land", in relation to a protected area, means land which adjoins a protected area or of which its border at any point is within ……kilometres of the border of a protected area;

"alien animal species" means an animal species which is an alien species as defined in section 1 of the Biodiversity Act;

"amateur hunter" means a person who hunts or intends to hunt a listed animal, but excludes –

(a) a professional hunter; and

(b) a hunting client;

"Biodiversity Act" means the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), and includes any subordinate legislation as defined in section 1 of that Act;

"damage causing animal" means a listed animal that –

(a) causes losses to livestock;

(b) damage to cultivated trees or crops or other property;

(c) presents a threat to human life; or

(d) is present in such numbers that agricultural grazing is materially depleted;

"darting", in relation to a listed animal, means to shoot the animal with a projectile loaded with a tranquillising or narcotic immobilising or similar agent;

"humane", in relation to the hunting of a listed animal, means that the way in which an animal is hunted –

(a) is reconcilable with the prevailing norms of society against cruelty to animals; and

(b) causes no or minimum –

(i) suffering for the hunted animal; and

(ii) distress to other animals in the vicinity of the hunted animal;

"hunt", in relation to an animal, includes –

(a) to kill the animal by any means, method or device whatsoever;

(b) to capture the animal by any means, method or device whatsoever with the intent to kill the animal;

(c) to search for, lie in wait for, pursue, pin down against a fence or barrier or in an enclosure, shoot at, or tranquillise or immobilise, the animal with the intent to kill the animal; or

(d) to lure by any means, method or device whatsoever, or to set a snare or trap for, the animal with the intent to kill the animal,

but excludes the culling of an animal in a protected area or which has escaped from a protected area and has become a damage causing animal;

"hunting client" means a natural person who –

(a) is not resident in the Republic; and

(b) pays or rewards any other person for or in connection with the hunting of a listed animal;

"hunting off-take limit" means an off-take limit for hunting purposes established for a nationally listed threatened or protected species in terms of the Threatened and Protected Species Regulations, 2006;

"hunting organisation" means an organisation, association or other body of –

(i) professional hunters;

(ii) hunting outfitters;

(iii) amateur hunters;

(iv) other persons having interests in the hunting industry; or

(v) any combination of persons referred to in subparagraphs (i), (ii), (iii) and (iv);

"hunting outfitter" means a person who is registered or recognised as a hunting outfitter in terms of provincial legislation;

"indigenous animal species" means an animal species which is an indigenous species as defined in section 1 of the Biodiversity Act;

"issuing authority" –

(a) in relation to a national hunting permit to hunt a nationally listed threatened or protected animal, has the meaning assigned to it in section 1 of the Biodiversity Act; or

(b) in relation to a provincial authorisation to hunt a provincially listed animal, means an authority empowered in terms of provincial legislation to issue or grant provincial authorisations;

"listed animal" means –

(a) a nationally listed threatened or protected animal; or

(b) a provincially listed animal;

"local community" has the meaning assigned to it in section 1 of the Protected Areas Act;

"management authority", in relation to a protected area, has the meaning assigned to it in section 1 of the Protected Areas Act;

"management plan", in relation to a protected area, has the meaning assigned to it in section 1 of the Protected Areas Act;

"national hunting permit" means a permit issued in terms of the Biodiversity Act authorising a person to hunt a nationally listed threatened or protected animal;

"nationally listed threatened or protected animal" means an animal belonging to an indigenous or alien animal species listed in terms of section 56 (1) of the Biodiversity Act as a critically endangered species, endangered species, vulnerable species or protected species, but excludes a marine animal species listed as such;

"national park" has the meaning assigned to it in section 1 of the Protected Areas Act;

"nature reserve" has the meaning assigned to it in section 1 of the Protected Areas Act, and includes a provincial park;

"professional hunter" means a person who is registered or recognised as a professional hunter in terms of provincial legislation;

"Protected Areas Act" means the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003);

"protected area" has the meaning assigned to it in section 1 of the Protected Areas Act;

"provincial hunting authorisation", in relation to a provincially listed animal, means –

(a) a permit, permission, consent, license, registration or other document issued in terms of provincial legislation authorising a person to hunt a provincially listed animal; or

(b) an exemption or exclusion from a provision of provincial legislation regulating or prohibiting the hunting of a provincially listed animal;

"provincially listed animal" means an animal belonging to an indigenous or alien animal species which in terms of provincial legislation may not without a provincial hunting authorisation be hunted in the province;

"recognised hunting organisation" means a hunting organisation recognised in terms of clause 16;

"SANBI" has the meaning assigned to it in section 1 of the Biodiversity Act;

"special nature reserve" has the meaning assigned to it in section 1 of the Protected Areas Act;

"wingshooting" means the hunting of game-birds that are listed animals;

"wilderness area" has the meaning assigned to it in section 1 of the Protected Areas Act;

"world heritage site" has the meaning assigned to it in section 1 of the Protected Areas Act.

(2) In this Schedule, a word or expression which is a derivative or other grammatical form of a word or expression defined in subclause (1) or in the Biodiversity Act or Protected Areas Act, has a corresponding meaning unless the context indicates that another meaning is intended.

2. The purpose of this Schedule is to set national norms and standards aimed at ensuring –

(a) that the various listed animal species that are hunted in the Republic are hunted in a way and at a rate that –

(i) would not lead to the long term decline of those species;

(b) that the hunting industry is regulated as far as possible –

(i) in a uniform way across the country;

(ii) in accordance with national policies on biodiversity management and sustainable development; and

(iii) in a way that takes into account the Republic’s international obligations in terms of international agreements on biodiversity management binding on the Republic.

3. (1) The norms and standards contained in this Schedule must be complied with by –

(a) all issuing authorities when implementing –

(i) the Biodiversity Act to the extent to which that Act applies to the hunting of nationally listed threatened or protected animals; and

(ii) provincial legislation relating to the hunting of provincially listed animals; and

(b) all management authorities of protected areas in the management of biodiversity in protected areas.

(2) In the event of any conflict between a provision of this Schedule and a provision of provincial legislation, the conflict must be resolved in terms of section 146 of the Constitution.

4. An application for a provincial hunting authorisation to hunt a provincially listed animal which is also a nationally listed threatened or protected animal must be considered in terms of both the applicable provincial legislation and the Biodiversity Act, but issuing authorities must as far as possible deal with such applications in accordance with section 92 of the Biodiversity Act.

5. When considering an application for a provincial hunting authorisation to hunt a listed animal, an issuing authority must, to the extent applicable, take into account –

(a) all applicable legal requirements, in order to ensure that any decision with respect to the authorisation is consistent with those requirements;

(c) whether the animal to which the application relates is also a nationally listed threatened or protected animal, and if so, also take into account –

(i) whether the animal is a critically endangered species, an endangered species, a vulnerable species or a protected species;

(aa) the country as a whole; and

(aa) the country as a whole; and

(k) all other relevant factors, including –

6. A provincial hunting authorisation must reflect the following information:

7. (1) No hunting of any animal may take place in–

(a) a special nature reserve;

(b) a world heritage site; or

(c) a wilderness area.

(2) An issuing authority may not issue a national hunting permit or a provincial hunting authorisation to hunt a listed animal in a protected area referred to in subclause (1).

8. (1) The management authority of a national protected area, other than an area referred to in clause 7 (1), may, to the extent provided for in subclause (3) or (4), allow hunting in the protected area, or part of the protected area, if that protected area or part was proclaimed on –

(a) land which is privately owned; or

(b) state-owned land in respect of which a local community claims historical hunting rights.

(2) An issuing authority may, to the extent provided for in subclause (3) or (4), issue a national hunting permit to hunt a nationally listed threatened or protected animal in a national protected area or part of an area referred to in subclause (1).

(3) Hunting of specific species of animals on private land referred to in subclause (1) (a) is permissible only if –

(a) in the case of a national park or national nature reserve, the agreement contemplated in section 20 (3) or 23 (3) of the Protected Areas Act in terms of which the private land was declared as a national park or nature reserve, or as part of a national park or nature reserve, confers on the owner of the land the right to hunt or allow hunting of that specific animal species on that land;

(b) the management plan of the protected area in which the hunt is to take place provides for the hunting of that specific animal species on that land;

(c) hunting of that specific animal species on that land takes place in accordance with scientifically based off-take limits for that protected area as set out in the management plan of the area; and

(d) hunting in that protected area of that specific animal species is not prohibited in terms of regulations issued in terms of section 86 of the Protected Areas Act.

(4) Hunting of specific species of animals on state-owned land referred to in subclause (1) (b) is permissible only if –

(a) the management authority of the relevant protected area has entered into an agreement with the local community claiming hunting rights on that state owned land, which confers on that community rights to hunt that specific species of animals on that land in accordance with the management plan of that protected area;

(d) hunting of that specific animal species on that land takes place in accordance with scientifically based off-take limits for that protected area as set out in the management plan of the area; and

(e) hunting in that protected area of that specific animal species is not prohibited in terms of regulations issued in terms of section 86 of the Protected Areas Act.

9. (1) The management authority of a provincial protected area may, to the extent provided for in subclause (3) or (4), allow hunting in the protected area, or part of the protected area, if that area or part was proclaimed on –

(a) land which is privately owned; or

(b) state owned land in respect of which a local community claims historical hunting rights.

(2) An issuing authority may, to the extent provided for in subclause (3) or (4), issue a provincial hunting authorisation or a national hunting permit to hunt a listed animal in a provincial protected area or part of an area referred to in subclause (1).

(3) Hunting of specific species of animals on private land referred to in subclause (1) (a) is permissible only if –

(a) in the case of a provincial nature reserve, the agreement contemplated in section 23 (3) of the Protected Areas Act in terms of which the private land was declared as a provincial nature reserve, or as part of a nature reserve, confers on the owner of the land the right to hunt or allow hunting of that specific animal species on that land;

(b) the management plan of the protected area in which the hunt is to take place provides for the hunting of that specific animal species on that land;

(c) hunting of that specific animal species takes place in accordance with scientifically based off-take limits for that protected area as set out in the management plan of the area; and

(d) hunting, or hunting of that specific provincially listed animal species, in that protected area is not prohibited in terms of regulations issued in terms of section 87 of the Protected Areas Act.

(4) Hunting of specific species of animals on state-owned land referred to in subclause (1) (b) is permissible only if –

(a) the management authority of the relevant protected area has entered into an agreement with the local community claiming hunting rights on that state owned land, which confers on that community rights to hunt that specific species animals on that land in accordance with the management plan of that protected area;

(c) hunting of that specific animal species on that land takes place in accordance with scientifically based off-take limits for that protected area as set out in the management plan of the area; and

(d) hunting in that protected area of that specific animal species is not prohibited in terms of regulations issued in terms of section 87 of the Protected Areas Act.

10. Any provincial hunting authorisation or national hunting permit issued to hunt a listed animal in a protected area must be consistent with the requirements of any legislation and other instruments regulating such authorisations or permits,

including –

(a) the terms and conditions of any applicable agreement referred to in clause 8(3) (a) or (4) (a) or 9 (3) (a) or (4) (a);

(b) the provisions of the management plan of the area;

(c) any regulations issued in terms of section 86 or, in the case of provincial protected areas, section 87, of the Protected Areas Act; and

11. (1) An issuing authority may issue a provincial hunting authorisation or a national hunting permit to hunt a listed animal on private land adjacent to a protected area, but if there is no fence between the adjacent land and the protected area such authorisation may be issued only in accordance with a written agreement between the private landowner and the management authority of the protected area.

(2) An agreement in terms of subclause (1) must –

(a) specify the listed animal species that may be hunted on the adjacent private land;

(b) specify the number of each species that may be hunted;

(c) provide for sharing between the parties of benefits arising from such hunting; and

(d) regularly be reviewed, taking into account annual off-take limits for the species that may be hunted on that land in terms of the agreement.

12. (1) An issuing authority may not issue a national hunting permit or provincial hunting authorisation to hunt a damage causing animal.

(2) If a damage causing animal has escaped from a protected area, the management authority of that protected area is responsible for retrieving the animal, or if this is not possible, for culling the animal.

(3) (a) If a damage causing animal is an animal that naturally occurs in the area where it causes the damage, the owner of the property, person or local community suffering the damage must notify the provincial department responsible for biodiversity management in the province.

(b) If the animal is a nationally listed threatened or protected animal, that provincial department must endeavour to translocate the animal to a suitable area, and may for this purpose make use of the assistance of any conservation agency.

(4) This clause does not prevent a person from killing a damage causing animal in self-defence where human life is threatened or where the killing of the animal is permitted in terms of legislation.

13. (1) An issuing authority may issue a provincial hunting authorisation or national hunting permit to hunt a listed animal only to –

(a) a natural person; and

14. (1) All provincial hunting authorisations and national hunting permits must be issued subject to conditions that the holder of the authorisation or permit –

(a) is bound by the norms and standards set out in this Schedule;

(b) must act in accordance with these norms and standards when hunting in terms of the authorisation or permit;

(c) may not use the authorisation or permit for a purpose for which an issuing authority may not issue an authorisation or permit in terms of this Schedule; and

(d) must act in accordance with the code of ethical conduct and good practice of the hunting organisation of which that person is a member, to the extent that such code applies to hunting.

(2) All provincial hunting authorisations and national hunting permits authorising the hunting of a listed animal must, in addition to any other conditions the issuing authority may or must impose, be issued subject to the following conditions:

(a) The animal may not be hunted by means of –

(i) poison;

(ii) trapped against a fence or in a small enclosure where the animal

(2) Subregulation (2)(a)(iv) does not prevent the use of dogs for the purpose of –

15. (1) An association of hunting organisations claiming to represent all recognised hunting organisations in the Republic may apply to the Minister for recognition as the national association of hunting organisations.

(2) The purpose of recognising a national association of hunting organisations is –

(a) to have an organisation to represent the interests of its member organisations nationally;

(b) to ensure that its member organisations establish and maintain codes of ethical conduct for their members;

(c) to oversee the training of professional hunters and hunting outfitters by any its member organisations, including the training of professional hunters and hunting outfitters from disadvantaged communities;

(d) to maintain an accreditation system for its member organisations to ensure enforcement by those member organisations of their codes of ethical conduct and good practice;

(e) to act as the official body representing the hunting industry in its relations with organs of state; and

(f) to act as a forum for stakeholder involvement in the hunting industry.

(3) The recognised national association of hunting organisations may establish –

(a) a uniform curriculum for the training of professional hunters and hunting outfitters; and

(b) a uniform code of ethical conduct and good practice for members of its member organisations.

16. (1) Any hunting organisation may apply in writing to the MEC responsible for biodiversity management in a province for recognition as a hunting organisation in that province.

(2) An application in terms of subclause (1) must be approved if the applicant –

(a) has adopted a code of ethical conduct and good practices which –

(i) complies with the minimum requirements set out in clause 17; and

(ii) is ascribed to by its members;

(b) gives a written undertaking to the MEC that it will –

(i) enforce its code of ethical conduct and good practices against members

(ii) report to the MEC or the South African Police Service any case of alleged criminal conduct by any of its members involving the hunting of a listed animal or a breach of any conditions subject to which any provincial hunting authorisation or national hunting permit was granted to such member; and

(c) has a clear policy on Black Economic Empowerment to include persons from disadvantage communities as members.

17. The code of ethical conduct and good practices of a hunting organisation

must –

(a) require its members to act in strict compliance with –

(i) legislation regulating the hunting industry; and

(ii) any conditions subject to which any provincial hunting authorisation or national hunting permit is granted to a member;

(b) define criteria for the hunting of listed animals in accordance with –

(i) the fair chase principle; and

(ii) humane methods;

(c) require its members to act in strict compliance with those criteria when hunting a listed animal; and

(d) provide for disciplinary steps against any member who breaches a provision of the code, which should include steps for the suspension or expulsion of such a member from the organisation.

18. (1) An MEC responsible for biodiversity management in a province may by written notice to a recognised hunting organisation withdraw the recognition of that organisation in the province if it fails to honour its written undertaking given to the MEC in terms of clause 16 (2) (b).

(2) An MEC considering the withdrawal of the recognition of a hunting organisation in terms of subclause (1) must–

19. (1) SANBI must as part of its database established in terms of section 11(1)(j) of the Biodiversity Act, keep and maintain a National Hunting Register in which the following information must be recorded:

(a) the number of animals of each species for which national hunting permits and provincial hunting authorisations are issued annually in –

(i) each province;

(ii) each national protected area; and

(iii) each provincial protected area;

(b) the number of animals of each species annually culled in each protected area;

(c) the number of animals of each species hunted for –

(i) trophy purposes;

(ii) recreational and biltong purposes; and

(iii) subsistence purposes;

(d) statistics on the different methods of hunting; and

(e) any other statistics SANBI may require for the Register.

(2) All issuing authorities and all recognised hunting organisations must for the purposes of subregulation (1) at least annually submit to SANBI returns on forms provided by SANBI.

20. These norms and standards are called the National Norms and Standards for the Hunting Industry, 2006, and take effect on a date determined by the Minister in the Government Gazette.