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Ref: 02/1/5/2
MINISTER
QUESTION NO. 1284 FOR WRITTEN REPLY: NATIONAL ASSEMBLY
A draft reply to Dr G W Koornhof (ANC) to the above-mentioned question is
enclosed for your consideration.
Ms Nosipho Ngcaba
DIRECTOR-GENERAL
DATE:
DRAFT REPLY APPROVED/AMENDED
MRS B E E MOLEWA, MP
MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS
DATE:
NATIONAL ASSEMBLY
(For written reply)
QUESTION NO. 1284
INTERNAL QUESTION PAPER NO. 12 NW1421E
DATE OF PUBLICATION: 21 April 2011
Dr G W Koornhof (ANC) to ask the Minister of Water and Environmental
Affairs:
(1) Whether a national regulatory framework exists with regard to
(a) the hunting, (b) the sale, (c) the issuing of various
permits related to animal products, (d) the dehorning of rhinos
and (e) any other form of trade in animals; if not, why not; if
so, what are the relevant details in each case;
(2) whether an inventory of rhino horns kept in safekeeping is held
by each conservation agency; if so, (a) by which conservation
agencies and (b) how many tons of rhino horn are being kept in
safekeeping in each case;
(3) whether the Government will consider legalising the trade in
rhino horn in order to control the market and to prevent or
limit the current illegal killing of rhinos; if not, why not; if
so, what are the relevant details;
(4) whether she intends introducing a central coordinating body to
which all instances of rhino poaching can be directed, including
the gathering of information by different police agencies; if
not, why not; if so, what are the relevant details?
Dr G W Koornhof (ANC)
SECRETARY TO PARLIAMENT
HANSARD
PAPERS OFFICE
PRESS
1284. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:
1. (a) â (e) Yes. The legislative framework includes the following:
⢠National Environmental Management: Biodiversity Act (Act No. 10 of
2004) (NEMBA);
⢠Threatened or Protected Species (TOPS) Regulations, 2007;
⢠Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES) Regulations, 2009;
⢠Bioprospecting, Access and Benefit Sharing (BABS) Regulations,
2008;
⢠National Norms and Standards for the marking of rhinoceros horn and
the hunting of white rhinoceros for trophy hunting purposes;
⢠National moratorium that prohibits the trade (which includes
selling or donation) of rhinoceros horn, or any product or
derivative thereof, within South Africa; and
a) Hunting of threatened or protected species is regulated in terms of
NEMBA and the TOPS regulations. Relating to the hunting of
rhinoceros in particular; NEMBA, the TOPS regulations, and the
National Norms and Standards for the marking of rhinoceros horn and
the hunting of white rhinoceros for trophy hunting purposes are
applicable.
b) Sale of threatened or protected species is regulated in terms of
NEMBA and the TOPS regulations and the sale of rhino horn within
South Africa is prohibited through the National moratorium. The
sale of indigenous biological resources is regulated in terms of
NEMBA and BABS regulations.
c) With regard to the issuing of various permits related to products
of any animals, the legislative provisions applicable are NEMBA,
the TOPS regulations (if the animal is listed as a threatened or
protected species), the CITES regulations and the BABS regulations.
With regard to rhino products, including trophies, the National
Norms and Standards for the marking of rhinoceros horn and the
hunting of white rhinoceros for trophy hunting as well as the
national moratorium applies.
d) The dehorning of rhinos is regulated in terms of NEMBA and the TOPS
regulations. As far as it relates to the marking of the horns,
subsequent to the dehorning, the National Norms and Standards for
the marking of rhinoceros horn and the hunting of white rhinoceros
for trophy hunting purposes.
e) For any other form of trade, NEMBA, the TOPS regulations, CITES
regulations and BABS regulations are applicable.
2. Yes. The inventory and records are kept but the whereabouts of the
stocks and the volumes cannot be made public for security reasons
3. Any consideration to legalise local trade in rhino horn will be
subject to the findings of the study that will be conducted. In terms
of international trade, the legalization of commercial international
trade in rhino horn is currently not in consideration. To legalise
international trade, South Africa will have to submit a proposal to
the Conference of Parties to CITES for consideration and such a
proposal must be supported by a two-thirds majority to be adopted.
Before this can be done, a number of issues will have to be addressed,
including but not limited to the identification of a trade partner
with appropriate legislation that will enable it to control trade in
the country of import; monitoring systems; compliance with national
legislation; verification of rhino horn to be traded; consultation
with stakeholders and approval from Cabinet for such a proposal.
4. The department established the National Wildlife Crime Reaction
Initiative (NWCRU), with a dedicated unit (NWCRU) involving all
provincial conservation authorities, coordinated through SANParks, and
working in cooperation with the South African Police Service (SAPS)
and other security agencies including the NPA, Justice, Defense, This
initiative coordinates the implementation, investigation, intelligence
and prosecution of proactive and reactive responses related to rhino
poaching crimes.
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