Legislation

Dear readers.

Here with follows the notes I made on the legislation lecture we attended on the 8th of May 2012.

CAPTIVE ANIMAL MANAGEMENT LEVEL 4

Legislation lecture notes:

Conducted by Kobus Pienaar.

Legislation still runs on a Roman/Holland rights system. Romania is in charge of the world system and they run it through a church based system.

All animals and plants are resnulieus which means they actually belong to no one.

3 levels of legislation:

1.      International: CITES(convention) Trade on endangered species. (leopards)

2.      National: Environmental protection acts, NEMBA, NEMA and TOPS regulations.

·        Water law: How much water may be removed from the ground, when a dam may be created from a river.

·        KARA: Management and use of indigenous natural resources.

·        Game theft act: Poaching

·        Veterinary laws: Transport of Buffalo needs a permit because they might carry diseases, pest controlled areas will regulate the animals entering the premises to manage the pests in the area.

·        Mineral laws: Outsiders are not allowed to mine on your property.

3.      Provincial: LEMA- Limpopo environmental management act, set up in 2003, implemented in 2004.

·        All parts of an animal transported and kept needs a permit to be held (rhino horn). Part of animal counts as animal therefore a permit is needed in all situations.

·        Hunting: To kill living organisms or to remove them from their natural way of life.

·        Green hunting: Dart the animal as trophy, take a photo with it (tourists), and let it go to its natural way of life.

·        Times of the day hunting: Some animals are only allowed to be hunted at certain times of the day. Bush buck is not allowed to be hunted at night.

·        Night: 30mins after sundown and 30mins before sunrise.

·        Weapon: Any object you can use to cause any organism harm in any way, Death, immobilize and injure. You are not allowed to create your own weapons.

 Christian hunting principal: Deut 22:6

Taking the babies of an animal and leaving the mother to go free, sustainable hunting.

Poison: Poison is only allowed to be used for its specific purpose, the purpose that it was made for.

Exemption law: Refers to land that is so fenced\ enclosed that certain species of specially protected wild animals, protected wild animals or game cannot enter or escape from that land. Valid for 3 years and also expires when the ownership changes.

Exemption is thus a permit that can be issued on application of an owner and exempts the holder thereof from the requirement to obtain certain other permits.

Game includes certain bird species.

TOPS: Standing permit, catch, transport and keeping. National level, wildlife traders, rehabilitations, taxidermists need to register.

Certificate of sufficient fencing will be issued to the owner of the land.

People are not allowed to hunt carnivore animals if they are protected (leopard catching sable on your farm)

Permit is needed and the chance of getting the permit issued is very slim. If the farm is electrified and fenced around properly for breeding purposes, the permit might be issued for protection.

Animals that cannot be removed with anything else then snares and traps may be caught that way. Prohibited ways of hunting:

Not allowed without a permit-

·        By means of a snare, gin trap, trap cage, pit-fall, boma or similar method.

·        A bow and arrow or similar weapon discharging an arrow.

·        A semi automatic gun.

·        A fire arm which discharges a rim-fire-cartridge of a caliber of 5.6mm or smaller.

·        A set gun, an aircraft, an airgun

·        A shotgun- except for bird\hare hunting

·        A dog except for bird hunting

·        At night

Donations to rehabilitations: Financial laws, non-profit associations need to register and in some cases tax needs to be paid.

How to obtain a permit:

·        Reason for permit needs to be provided

·        Application for permit submitted

·        Payment, representative needs to come evaluate the property for the specific species.

·        Permit granted, might take up to 3 months to grant.

Exempted property:

When transporting animals you need to fill out a register and a copy of it must go with the vehicle. A copy of it must also go to the farm owner to where the animals are going, a copy needs to go to the conservation representatives and the original must stay at the origin of the animals.

Having an exempted property does not authorize the following actions, these require specific permits:

·        The captive keeping of animals for any purpose.

·        The capture of so called damage causing animals in trap cages, snares or gin-traps.

·        The baiting or luring of any predator for the purpose of killing/hunting.

·        The hunting of birds.

·        The captive breeding of animals.