April 23rd, 2009 - Norms
DRAFT NORMS AND STANDARDS FOR HUNTING IN SOUTH AFRICA.
TABLE OF CONTENTS
Did you know that it is perfectly legal to shoot an elephant with a hand gun in South Africa. For this and other absurdities read our critique of the new draft norms and standards for hunting. Please object to Mr. Mbedzi at the department of environment at nmbedzi@deat.gov.za
CHAPTER 1
INTERPRETATION, PURPOSE AND APPLICATION OF THIS SCHEDULE
1. Definitions
2. Purpose of this Schedule
3. Guiding principles
4. Application of this Schedule
CHAPTER 2
MATTERS RELATING TO HUNTING AUTHORISATIONS
1. Contents of provincial hunting authorisations
2. Written permission to hunt
3. Transfer of hunting rights
CHAPTER 3
SELF ADMINISTRATION OF HUNTING INDUSTRY
4. Norms and standards for codes of ethical conduct and good practice
CHAPTER 4
MISCELLANEOUS MATTERS
5. National Hunting Register - Statistical information to be gathered
6. National hunting register - Information to be recorded
7. Requirements when a dangerous game animal is wounded
8. Prohibited acts
CHAPTER 5
HUNTER INDUCTION TRAINING
9. Firearms - Content of firearm hunting induction course
10. Bowhunting - Content of bowhunting induction course
CHAPTER 6
PROFESSIONAL HUNTING
11. Purpose of the Inter-provincial Professional Hunting Committee
12. Plains game professional hunter
13. Dangerous game professional hunter
14. Associate professional hunter plains game
15. Associate professional hunter dangerous game
16. Criteria for the issue of a new professional hunters permit.
17. Criteria for the renewal of a professional hunters permit.
18. Criteria for the issue of a new hunting outfitters permit.
19. Criteria for the renewal of a hunting outfitters permit.
20. Criteria for the evaluation of applicants as directors of professional hunting schools
21. Criteria for the renewal of a director of professional hunting school permit.
22. Requirements with which the facilities and services provided and rendered by a
hunting outfitter shall comply.
23. Agreement between hunting outfitter and client
24. Keeping of register by professional hunter
25. Requirements to be complied with by a professional hunter
CHAPTER 7
CATEGORIES OF HUNTING
26. Minimum calibers for rifle hunting
27. Handgun hunting guidelines
28. Handgun hunting caliber restrictions
29. Gamebird Hunting methods
30. Bowhunting - permissible bows
31 Categories of wild animals for bowhunting
32. Additional requirements for bowhunting
33. Falconry
34. Short title and commencement
CHAPTER 1
INTERPRETATION, PURPOSE AND APPLICATION OF THIS SCHEDULE
Definitions
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 –
“agent” means a person or a legal entity that advertises/organises/sells or presents the hunt of a wild and/or exotic animal on behalf of a hunting outfitter/contractor, whether or not for commission or gain;
“airgun” means a rifle that uses compressed air or carbon dioxide to discharge metallic pellets and includes an air pistol.
Airguns are defined as prohibited hunting in NEMBA Reg 26 (1) (ix) and WCNCA 2000
“associate professional hunter” means a professional hunter who has a permit to act as a professional hunter under a specific hunting outfitter and which hunting outfitter shall be responsible for maintaining the professional hunting register or any other administration which may be required of such associate professional hunter.
“bird-dog” means a dog which is used for hunting, pointing, flushing and retrieving gamebirds in gamebird hunting;
“bird-shot” means metal pellets ranging in size from 4mm in diameter to 2mm in diameter.
“bow and arrow” means an instrument consisting of a body and string designed to launch and propel an arrow;
Prohibited hunting in terms of Western Cape NCA sec 29(i)
“centre fire” means ammunition that is ignited by a primer fitted in the centre of the base of the cartridge;
“certified hunter” means a hunter that has been certified in terms of induction training, and includes any dedicated or professional hunter.
“culling”
(a) in relation to an animal in a protected area, means an operation executed by an
official of, or other person designated by, the management authority of the protected area to kill a specific number of animals of that species within the area in order to manage that species in the area in accordance with the management plan of the area; or
(b) in relation to a wild animal which has escaped from a protected area and has become a damage causing animal, means an operation executed by an official of, or other person designated by, the management authority of the protected area to kill the animal as a matter of last resort;
“damage causing animal” means a wild animal that;
(a) causes losses to livestock;
(b) causes 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;
NEMBA Reg 14. (1)The provincial department responsible for the conservation of biodiversity in a province, must determine whether a listed threatened or protected species can be deemed to be a damage causing animal.
Guidelines exist on dealing with these and the above definition implies a too wide scope.
“dangerous game” includes any elephant, rhinoceros, buffalo, lion, leopard or hippopotamus.
“darting”, in relation to a wild animal, means to shoot the animal with a projectile loaded with a tranquillizing or narcotic immobilizing or similar agent;
“exotic animal” means a species that has not historically occurred naturally in a free state in nature within the borders of the Republic and includes a species that has been introduced in the Republic as a result of human activity;
“falconer”, means any person who practices falconry and who holds a falconry induction accreditation;
“falconry” means the hunting of wild quarry by means of a trained hawk;
“feathered game” means any bird excluding an ostrich;
“gamebird hunting” is the activity of shooting or hunting of species defined as gamebirds using gundogs and/or shotguns and targeting birds in flight;
“gamebirds” are defined as terrestrial or aquatic bird species which fall within the Order Anseriformes (ducks and geese), Order Galliformes (guineafowl, francolins, partridges, spurfowl and quail); Order Columbiformes (doves and pigeons); Order Charadriiformes, Family Pteroclidae (Sandgrouse); Order Charadriiforme, Family Scolopacidae (snipes only) and Order Gruiformes, Family Rallidae (coot only);
“furred game” means any mammal;
“handgun” means a handheld firearm that can be operated without a shoulder mounted stock.
“hawk” means any bird belonging to the Families Accipitridae, Falconidae, Tytonidae and Strigidae. WCNCA2000 protects these birds which may not be hunted (captured in the wild) or confined without a permit
“humane”, in relation to the hunting of a wild animal, means that the way in which an animal is hunted –
(a) causes no or minimum
(i) suffering for the hunted animal; and
(ii) distress to other animals in the vicinity of the hunted animal;
“hunt”, includes –
(a) to intentionally kill or attempt to kill a wild animal by any means, method or
device whatsoever;
(b) to capture a wild animal by any means, method or device whatsoever;
(c) to search for, lie in wait for, pursue, shoot at, tranquillize or immobilize, a wild animal with the intent to kill or immobilize such wild animal; or
(d) to lure a wild animal by any means, method or device whatsoever, but
excludes –
(i) the culling of a wild animal in a protected area or which has escaped from a protected area and has become a damage causing animal;
(ii) the bona fide collection of wild animals by scientific institutions
“hunter” means a professional hunter, dedicated, occasional hunter or a hunting client
“hunting client” means a natural person who –
(a) is not normally resident in the Republic and who;
(b) pays or rewards a hunting outfitter for or in connection with the hunting of a
wild animal;
“hunting organisation” means an organisation, association or other body of –
(a) professional hunters and hunting outfitters;
(b) dedicated, occasional or falconer hunters;
“hunting outfitter” means a person who assists with, offers or presents the hunting of a wild animal to a hunting client and who is registered or recognised as a hunting outfitter in terms of legislation;
“hunting permit” means a permit issued in terms of the Biodiversity Act authorising a person to hunt a wild animal or a permit issued by a provincial authority empowered in terms of provincial legislation to issue or grant provincial authorisations;
“hunter induction training” is the induction training that is required in order for a hunter to hunt a wild animal by means of a firearm, bow and arrow or a hawk (falconry).
“issuing authority” – means,
(a) in relation to a hunting permit to hunt a wild 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 wild animal means an authority empowered in terms of provincial legislation to issue or grant provincial authorisations; Refer to the use of PERMITS in the NEMBA suite of legislation and note the absence of the term “authorizations”.
“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;
“muzzle loader” means any muzzle loading firearm;
“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;
“night” means the period from half an hour after sunset on any day to half an hour before sunrise on the following day;
“occasional hunter” means any person who, from time to time, participates in hunting activities but who is not a member of an accredited hunting association;
“permit” means any license, document or certificate issued in terms of the relevant provincial or national legislation. NEMBA manages restricted activities by means of PERMITS “permit” means a permit issued in terms of Chapter 7 and nothing else such as license, document etc.
“plains game” includes any wild animal, but excludes elephant, rhinoceros, buffalo, lion, leopard and hippopotamus.
“professional hunter” means a person who assists, conducts a hunt, act as a guide, offers or agrees to escort or accompany a hunting client in order to enable the hunting client to hunt a wild animal, and who is registered or recognised as a professional hunter in terms of provincial legislation;
“protected area” has the meaning assigned to it in section 1 of the Protected Areas Act;
“Republic” means the Republic of South Africa;
“rifle” means a device manufactured or designed to propel a bullet or projectile through a rifled barrel or cylinder by means of burning propellant and which is fired from the shoulder, but excludes a net gun.
“rimfire” means any ammunition that is ignited by a primer in the rim of the cartridge
“SANBI” means the institute established in terms of section 10 of the Biodiversity Act;
“set gun” means any man-made device that automatically fires off any form of firearm by setting off a trigger mechanism not manipulated directly or indirectly by any person;
“shot” means spherical metal pellets that vary in size and are fired from a shotgun cartridge;
“shotgun” means a device manufactured or designed to propel a projectile or shot through a smooth bore barrel or cylinder by means of burning propellant;
“the Minister” means the Minister of the National Department of Environmental Affairs and Tourism
“trap” means any trap, spring trap, gin trap, cage, net pitfall, capture boma, holding pen or bird lime and any other device, means or method whatsoever which can be used or adapted for the capture of wild animals.
“trophy” means any part of a wild animal hunted by a hunting client that the he or she retains as a token or memento of the hunt.
“wild animal” means any animal belonging to a non domestic species;
“wild specimen” means a specimen that is living and growing in natural conditions with or
without human intervention.(NEMBA Regulatins)
“wildlife capturer or translocator” means a person who provides a service by capturing wild animals or moving wild animals from one place to another;
“wingshooting” see “gamebird hunting”;
Purpose of this Schedule
2. (1) The purpose of this Schedule is to set regulations and national norms and
standards aimed at ensuring –
(a) that wild animals are hunted in a manner and at a rate that will –
(i) not lead to the long term decline of those species;
(ii) not disrupt the ecological integrity of the ecosystems in which those species occur;
(iii) ensure the continued use of those species to meet the needs and aspirations of present and future generations of people; and
(iv) ensure that hunting is regulated as far as possible –
(aa) in a nationally uniform manner;
(bb) in accordance with national policies on biodiversity conservation, management, sustainable utilisation and development; SEE 4.1 below
and
(cc) in accordance with the Republic’s international obligations in terms of international agreements on biodiversity management binding on the Republic.
(b) recognition of the importance of hunting in conservation and
sustainable utilization of biodiversity
Guiding Principles
3. (1) These regulations and norms and standards must comply with the following
principles;
(a) Sustainable utilization of nature and natural resources is the overarching principle.
(b) Ensure that regulations are pragmatic, implementable, understandable and respected.
(c) Ensure that harvest is ecologically sustainable.
(d) Maintain viable populations of indigenous wildlife and control exotic invasive species.
(e) Maintain environments that support healthy and robust populations of
harvestable species.
(f) Encourage economic incentives for participation in conservation on
privately owned land and wildlife.
(g) Ensure that harvest is properly utilized and wastage avoided.
(h) Empower local communities for sustainable management of wildlife.
(i) Competence and responsibility are prerequisites among users of wildlife resources.
(j) Take every measure to avoid unnecessary stress and suffering by animals.
(k) From here on the guiding principle is to promote hunting and nothing else. The statements made are all vulnerable to challenge.
(l) (k) Encourage cooperation between land owners, hunters, related industry and local communities in management of harvested species, associated species in the food pyramid and their habitats.
(l) Encourage acceptance by society of sustainable, consumptive use as an
internationally recognized conservation tool.
(m) Promote local and foreign investment into game and wildlife industry and to reinforce ownership of game on private ranches.
(n) Promote South Africa as primary choice for foreign and local hunters,
promote a positive, user-friendly regulatory regime and a hospitable
environment.
(o) Ensure that resources obtained through hunting augments legal food security.
(p) Visual presentation of hunting and hunted animals should portray a positive image of hunting and not be offensive.
(q) The ownership rights of landowners of wildlife must be confirmed and
recognized.
(r) Ensure uniformity in Acts, Ordinances, Regulations and policies
across the nine provinces of South Africa. This is not in the domain of this limited document.
(s) Manage wildlife populations at population level and not at specie
level.
Application of this Schedule
4. (1) The regulations contained in this Schedule must be complied with by –
The provincial and national authorities cannot be restricted by or bound to comply with this very limited document formulated by subsidiary interest group. Authority vests in the central and provincial departments and groups must ensure that their arrangements complies with the overarching central departments.
(a) all issuing authorities when implementing –
(i) the Biodiversity Act to the extent to which that Act applies to
the hunting of listed threatened or protected species;
(ii) provincial legislation relating to the hunting of wild animals;
and
(b) all management authorities of protected areas in the management of
biodiversity in protected areas;
(c) hunters; and
(d) all relevant landowners.
(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. See comment above. This section is not viable.
CHAPTER 2
MATTERS RELATING TO HUNTING AUTHORISATIONS
This term is not defined in this document and is not part of existing ;egislation.
Contents of provincial hunting authorizations
NEMBA regulates restricted activities by means of permits and the term “authorization” has no legal force. Permits are adequately governed by Chapter 7 NEMBA and the Rergulations
1. (1) A provincial hunting authorisation must reflect the following information;
(a) the name and physical address of the person to whom the authorisation
is issued;
(b) the name and physical address of the issuing authority;
(c) the authorisation number and date of issue;
(d) the scientific and common name of the species and subspecies if
applicable, in respect of which the authorisation is issued;
(e) the number of wild animals involved, and its gender if applicable;
(f) the location and other particulars of the place where the hunt is to be
carried out;
(g) the conditions subject to which the authorisation is issued, and the
(h) period of validity.
Written permission to hunt
2. (1) A landowner shall provide a hunter with the prior written permission to hunt a
wild animal on the land of which he is the owner. Such land and permission should be restricted to Certified Adequately Enclosed or game farms registered under NEMBA and Regulations. On unfenced land the presence of wildlife may be transient and does not mean that the landowner has any right except that which Provincial legislation allows him while the animal happens to stay within the legal boundary.
On registered land permission is adequately covered in legislation. This document may refer to the relevant sections in explanation of a point
(2) A written permission contemplated in section 2 (1) shall contain –
(a) the name and residential address of the person granting it;
(b) a description of the land on which the wild animal may be hunted;
(c) the name and residential address of the person to whom it is granted;
particulars of the species, number and sex of wild animal that may be
hunted;
(d) the date on which or period during which the wild animal may be
hunted;
(e) the signature of the person –
(i) granting it;
(ii) to whom it is granted; and
(f) the date on which it is granted;
Transfer of hunting rights This is covered in Provincial and NEMBA legislation and has no legal force here
3 (1) A document in terms of which a landowner transfers the hunting rights shall
contain;
(a) the land owners name and residential address;
(b) the registration name, number and area of land;
(c) the name and residential address of the person to whom the hunting-
rights are transferred;
(d) particulars of the species, number and sex of the wild animal in respect
of which the hunting-rights are transferred;
(e) the date on which and period for which the hunting-rights are
transferred;
(f) the land owners signature and the date thereof;
(g) the signature of the person to whom the hunting-rights are transferred
and the date thereof.
CHAPTER 3
SELF ADMINISTRATION OF HUNTING INDUSTRY
Norms and standards for codes of ethical conduct and good practice
4. (1) The code of ethical conduct and good practice of a hunting organization
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 wild 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.
CHAPTER 4
MISCELLANEOUS MATTERS
National Hunting Register
Statistical information to be gathered This is a good idea but See NEMBA on SANBI
5. (1) An issuing authority must, as far as applicable gather the following information
relating to the application for a hunting authorisation (not a recognized concept) and submit the relevant
information to SANBI for inclusion in the National Hunting Register –
(a) the area where the hunt is to take place, and whether the land on which the hunt is to take place is –
(i) a protected area, and if so, the category in which that protected
area falls with reference to section 9 of the Protected Areas Act;
(ii) adjacent to a protected area;
(iii) private property ;
(iv) communal land; or
(v) state-owned land;
(b) whether the hunt to which the application relates is to be –
(i) a trophy hunt;
(ii) a biltong or meat hunt;
(iii) a hunt of a damage causing animal;
(c) whether the applicant is a hunting outfitter, occasional or dedicated
hunter, or a hunting client, and if a hunting client, the details of the
professional hunter and hunting outfitter that will assist the applicant;
(d) if the applicant is a professional, occasional or dedicated hunter,
whether the applicant is a member of a hunting organisation; and
(e) whether a hunting outfitter is involved in the arrangements for the
hunt in the case of a hunting client.
National hunting register
Information to be recorded
6. (1) SANBI must as a 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 authorizations are issued annually in
each province;
(b) each national protected area and each provincial protected area;
(c) the number of animals of each species annually culled in each
protected area;
(d) the number of animals of each species hunted for –
(i) trophy purposes
(ii) recreational and biltong purposes; and
(iii) subsistence purposes
(e) statistics on the different methods of hunting; and
(f) any other statistics SANBI may require for the Register.
(2) All issuing authorities and all recognized hunting organisations must for the
purposes of subregulation (1) at least annually submit to SANBI returns on forms
provided by SANBI.
Requirements when a dangerous game animal is wounded
7. (1) A hunter who reports the wounding or presumed wounding of a dangerous game
animal in terms of section 27(1) shall state -
(a) his or her name and residential address;
(b) the species, of wild animal which has been wounded or has
presumably been wounded;
(c) the time when and the place where the wild animal concerned has been
wounded or has presumably been wounded and the name of the farm on which the incident occurred;
(d) the caliber of the firearm used;
(e) whether the wild animal was pursued and, if so, particulars of the pursuit;
in writing at the nearest police station or nature conservation office.
Prohibited acts
8. (1) No person may -
(a) falsely profess to be the owner of land and grant permission to any
other person to hunt or catch a wild animal or an exotic animal on land of
which such person in not the owner or occupier;
(b) permit or allow any other person to do anything which is an offence in
terms of these regulations;
(c) organise or conduct a hunt with a hunting client under false pretences;
CHAPTER 5
HUNTER INDUCTION TRAINING
Firearms
Content of firearm hunting induction course
9. (1) The prescribed firearm hunting induction course shall contain –
the following theoretical content;
(a) hunting ethics and sportsmanship;
(b) hunting weapons and equipment –
(i) rifle;
(ii) handgun
(iii) shotgun; and
(iv) muzzleloader;
(c) hunting legislation;
(d) firearm safety;
(e) hunting methods;
(f) shot placement; and
(g) trophy and carcass handling;
(2) Including a practical assessment of
(a) firearm handling and safety; and
(b) a demonstration of the hunter’s shooting ability;
upon the successful completion of which the hunter may be issued with a
hunter induction certificate.
Bowhunting See WCNCA outlawing this as a prohibited form of hunting
Content of bowhunting induction course
10. (1) The prescribed bowhunting induction course shall contain –
(a) the following theoretical content;
(i) types of bows;
(ii) bowhunting ethics;
(iii) limitations of bowhunting;
(iv) shot placement;
(v) factors that influence arrow penetration;
(vi) hunting methods and
(vii)hunting legislation;
(b) a practical assessment of
(i) bow handling and safety; and
(ii) a demonstration of the hunters shooting ability.
CHAPTER 6
PROFESSIONAL HUNTING
Purpose of the Inter-provincial Professional Hunting Committee
11. (1) The purpose of the Committee shall be to:
(a) co-ordinate all professional hunting related matters and legislation in a
nationally uniform manner;
(b) liase with all the relevant stakeholders in the professional hunting industry;
(c) to consider disciplinary measures and legal action against professional hunters, hunting outfitters and directors of professional hunting schools where it may be necessary;
(d) to asses and consider applications for the establishment of professional
hunting schools and to make recommendations thereon to the relevant
heads of the provincial nature conservation authorities; and
(e) to make recommendations to Working Group 1 that will assist in
national co-ordination on matters relating to the professional hunting
industry.
Categories of professional hunter Where would “varmint hunter” be placed see:
Varmint hunting
Mclarensafais.com
Let's start this discussion by attempting to define what is a "Varmint"
Plains game professional hunter
12. (1) A plains game professional hunter may;
(a) act independently as a professional hunter;
(b) advertise his willingness to act as a professional hunter to hunting outfitters,
(c) guide hunting clients on plains game hunts only.
Dangerous game professional hunter
13. (1) A dangerous game professional hunter may;
(a) act independently as a professional hunter;
(b) advertise his willingness to act as a professional hunter to hunting outfitters;
(c) guide hunting clients on plains and dangerous game hunts.
Associate professional hunter - plains game
14. (1) An associate professional hunter plains game may;
(a) not act independently as a professional hunter,
(b) not advertise his willingness to act as a professional hunter to hunting outfitters,
(c) guide hunting clients on plains game hunts only.
(2) The professional hunters permit of an associate professional hunter – plains game
shall lapse upon the cessation of his employment with the hunting outfitter that
completed the undertaking of administrative compliance on behalf of the associate
professional hunter.
(3) An associate professional hunter who’s permit has lapsed in terms of subsection
(2) shall be entitled to have it re-issued at such time that a registered hunting
outfitter completes and signs the undertaking of administrative compliance on
behalf of the associate professional hunter.
Associate professional hunter - dangerous game
15. (1) An associate professional hunter dangerous game may;
(a) not act independently as a professional hunter;
(b) not advertise his willingness to act as a professional hunter to hunting outfitters;
(c) guide hunting clients on plains and dangerous game hunts.
(2) The professional hunters permit of an associate professional hunter – dangerous
game shall lapse upon the cessation of his employment with the hunting outfitter
that completed the undertaking of administrative compliance on behalf of the
associate professional hunter.
(3) An associate professional hunter who’s permit has lapsed in terms of subsection
(2) shall be entitled to have it re-issued at such time that a registered hunting
outfitter completes and signs the undertaking of administrative compliance on
behalf of the associate professional hunter.
Criteria for the issue of a new professional hunters permit.
16. (1) An applicant for a first professional hunters permit must submit:
(a) The prescribed, fully completed written application;
(b) payment of the approved permit fee;
(c) proof that he / she is either a South African citizen or has a valid
permanent residency permit and that he / she is 18 years of age or older;
(d) proof that he / she has successfully completed the prescribed course at
a registered training provider or professional hunting school, and passed
the relevant practical examinations;
(e) proof that he / she passed the standard national general examination, as
well as the legal examination of the relevant province where he / she wishes to apply.
(2) In the event of a dangerous game permit application, proof that the applicant;
(a) previously held a dangerous game permit, or,
(b) has submitted documentary evidence that he / she has personally
hunted, or hunted as the back-up professional hunter (PH2) under the
supervision of a registered dangerous game professional hunter (PH1), a
minimum period of sixty (60) hunting days on at least three (3) of the six
(6) dangerous game species; or
(c) has completed and passed a recognized dangerous game qualification.
(3) Provided that any professional hunter that is a South African citizen or holds a
permanent residency permit that has hunted in Africa may apply for exemption of
the above requirements.
Criteria for the renewal of a professional hunters permit
17. (1) An applicant applying for the renewal of a professional hunters permit must
submit:
(a) the prescribed fully completed written application for the renewal of a
professional hunters permit and
(b) payment of the approved permit fees.
Criteria for the issue of a new hunting outfitters permit.
18. (1) An applicant for a first hunting outfitters permit must submit:
(a) the prescribed, fully completed written application;
(b) payment of the approved permit fee;
(c) proof that he / she is either a South African citizen or has a valid
permanent residency permit and that he / she is 18 years of age or older;
(d) proof that he / she has successfully completed the prescribed course at
a registered training provider or professional hunting school, and passed
the relevant practical examinations;
(e) proof that he / she passed the standard national general examination, as
well as the legal examination of the relevant province where he / she
wishes to apply;
(f) the hunting rights or written permission to hunt for all the advertised
wild animals;
(g) written permission or copy of inspection approval to use an approved
facility for the duration of the validity of the permit, and
(h) copies of brochures and price lists.
Criteria for the renewal of a Hunting Outfitters permit
19. (1) An applicant applying for the renewal of a Hunting Outfitters permit must submit;
(a) the prescribed fully completed written application for the renewal of a Hunting Outfitters permit;
(b) payment of the approved permit fees;
(c) the hunting rights or written permission to hunt for all the advertised
wild animals;
(d) a written permission or copy of inspection approval to use an approved
facility for the duration of the validity of the permit, and
(e) copies of brochures and price lists.
Criteria for the evaluation of applicants as directors of professional hunting schools
20. (1) An application for a permit to act as a Director of a professional hunting school
must be accompanied by;
(a) the fully completed written application on prescribed form,
(b) full curriculum vitae containing;
(i) personal detail;
(ii) past ten (10) years professional hunting experience;
(iii) references from clients;
(iv) copies of professional hunters and hunting outfitters permits
from other provinces or countries;
(v) references from an internationally recognised professional
hunter’s association;
(vi) details of experience in marketing hunting overseas;
(c) proof that he / she is in possession of a valid professional
hunters permit;
(d) proof that he / she is in possession of a valid hunting outfitters permit;
(e) a resumé of the lecturers who will be appointed to lecture on the
various subjects;
(f) details of the necessary facilities, which shall meet the following
minimum criteria;
(i) accommodation, washing and sanitary conveniences for ten
students;
(ii) sufficient ablution facilities;
(iii) shooting range;
(iv) gun safe sufficient to hold all students rifles;
(v) provide terrain where free roaming wild animals are present for
(vi) practical experience;
(vii) hunting, skinning, handling and dispatch services;
(viii) catering;
(ix) transport;
(x) cleaning and refuse removal services;
(xi) first aid and fire fighting services;
(xii)staff services;
(xiii)lecture room with the necessary equipment;
Criteria for the renewal of a director of a professional hunting school permit
21. (1) To renew a director of a professional hunting school permit, the applicant must:
(a) submit the prescribed fully completed written application for the renewal of a director of professional hunting school permit,
(b) pay the approved permit fee.
Requirements with which the facilities and services provided and rendered by a hunting outfitter shall comply.
22. (1) A hunting outfitter shall make provision for;
(a) the escorting services of a professional hunter;
(b) hunting, skinning, handling and dispatch services;
(c) accommodation, washing and sanitary conveniences;
(d) catering facilities;
(e) appropriate transport;
(f) cleaning and refuse removal services;
(g) first aid and fire-fighting services, and
(h) staff services
Agreement between hunting outfitter and hunting client
23. (1) A written agreement between the hunting outfitter and hunting client shall
contain the following information;
(a) name and permanent postal address of the client;
(b) name and business address of the outfitter;
(c) name and business address of P/H who will escort the client;
(d) address to which trophies are to be sent;
(e) particulars of the place of the commencement and termination of the
liability of the outfitter to the client
(f) particulars of the species and sex of the wild animals offered for
hunting and the tariffs for every species of wild animals killed or wounded;
(g) the tariffs for the available services and conveniences; and
(h) the duration of the hunt and daily tariff.
Keeping of register by professional hunter
24. (1) A professional hunter shall keep a register as prescribed in which he or she shall
record;
(a) his or her name and business address;
(b) the name and permanent postal address of the client;
(c) the name and business address of the hunting outfitter who presented or organised the hunt for the hunting client;
(d) the province and place where, and the date on which the escorting of the client commenced and terminated;
(e) the name, registration number and magisterial district of every farm hunted on, hunting permit number and the name and residential address of every owner;
(f) the species, number, sex and format of trophy to be exported and the date on which each of those animals was killed or wounded.
(2) The register contemplated in subregulation (1) shall consist of pages which are
numbered consecutively and of which;
(a) every page shall consist of an original and three copies with the same
number;
(b) the original page and the first two copies shall be perforated in such a
manner that it can be easily removed from the register.
(3) After a professional hunter has recorded the particulars contemplated in
subregulation (1) in the register, he or she and the client shall sign the original
page and the three copies thereof, and he or she shall;
(a) hand the original page forthwith to the client;
(b) within 14 days forward the first and second copies to the appropriate hunting outfitter;
(c) retain the 3rd copy in the register for a period of 3 years for record purposes.
Requirements to be complied with by a professional hunter
25. (1) A professional hunter –
(a) shall not escort more than two clients during the hunting of a wild animal other that a bird.
(b) shall at all times be present during the hunting of a wild animal by his or her client and shall supervise the hunting of such wild animal.
(c) shall at his or her discretion destroy any wild animal that has been wounded by a hunting client in order to alleviate undue suffering of such animal.
CHAPTER 7
CATEGORIES OF HUNTING
Minimum calibers for rifle hunting
26. (1) Hunters should adhere to the following guidelines in respect of minimum calibers
for hunting, a;
(a) .22 or 5.56mm centre fire rifle or larger caliber may be used for hunting –
(i) furred game up to and including the size of springbok; and
feathered game;
(b) .270 or 7mm rifle or larger caliber may be used for hunting –
(i) furred game up to and including eland, but excluding any dangerous game or giraffe; and
(ii) feathered game including ostrich;
(c) .375 H&H Magnum or larger caliber may be used for hunting –
(i) any furred or dangerous game; and
(ii) any feathered game including ostrich;
(d) .22 rimfire rifle (5.56mm) may be used for hunting –
(i) furred game up to and including the size of a rock hyrax and all rodents; and
(ii) feathered game.
(e) .375 H&H Magnum or larger caliber must be used for hunting a giraffe or any dangerous game, provided that for the hunting of any pachyderm the bullet must be of full metal jacket (solid) or monolithic solid construction.
Handgun hunting guidelines
27. (1) Hunters should adhere to the following guidelines in respect of minimum barrel
lengths for hunting revolvers;
(a) a centre fire single action revolver must have a minimum barrel length of 100mm;
(b) a centre fire double action revolver must have a minimum barrel length of 100mm;
(c) a rimfire single action revolver must have a minimum barrel length of 100mm;
(d) a rimfire double action revolver must have a minimum barrel length of 100mm.
(2) Hunters should adhere to the following guidelines in respect of minimum barrel
lengths for single action break neck, bolt action and falling block hunting pitols;
(a) a centre fire single action break neck pistol must have a minimum barrel length of 150mm;
(b) a rimfire single action break neck pistol must have a minimum barrel length of 150mm;
(c) a centre fire bolt action pistol must have a minimum barrel length of 150mm;
(d) a rimfire bolt action pistol must have a minimum barrel length of 150mm;
(e) a centre fire falling block pistol must have a minimum barrel length of 150mm;
(f) a rimfire falling block pistol must have a minimum barrel length of 150mm.
(3) Hunters should adhere to the following guidelines in respect of minimum barrel
lengths for semi automatic pitols;
(a) a centre fire semi automatic pistol must have a minimum barrel length of 125mm;
(b) a rimfire semi automatic pistol must have a minimum barrel length of 125mm;
(c) if it is used for the purpose of hunting.
(4) Air pistols may not be used for the hunting of any wild animal See reference above outlawing all gas driven guns.
Handgun hunting caliber restrictions
28. (1) Subject to the provisions of these regulations the following caliber restrictions
will apply when a wild animal is hunted by means of a revolver;
(a) a centre fire single action revolver of 357 magnum or larger caliber may be used to hunt;
(i) any furred game, or
(ii) any feathered game, including an ostrich;
(b) a centre fire single action revolver of less than .357 magnum caliber may be used to hunt,
(i) furred game up to and including the size of a grey duiker, or
(ii) any feathered game;
(c) a rimfire single action revolver may be used to hunt;
(i) furred game up to and including the size of a rock hyrax, or
(ii) any feathered game;
(d) a centre fire double action revolver of .357 magnum or larger caliber may be used to hunt,
(i) any furred game, or
(ii) any feathered game, including an ostrich;
(e) a centre fire double action revolver of less than .357 magnum caliber may be used to hunt,
(i) furred game up to and including the size of a grey duiker, or
(ii) any feathered game;
(f) a rimfire double action revolver may be used to hunt;
(i) furred game up to and including the size of a rock hyrax, or
(ii) any feathered game.
(2) Subject to the provisions of these regulations the following caliber restrictions
will apply when a wild animal is hunted by means of a single action break neck,
bolt action and falling block pistol;
(a) a centre fire single action break neck pistol may be used to hunt;
(i) any furred game, or
(ii) any feathered game, including an ostrich;
(b) a rimfire single action break neck pistol may be used to hunt;
(i) furred game up to and including the size of a rock hyrax, or
(ii) any feathered game;
(c) a centre fire bolt action pistol may be used to hunt;
(i) any furred game, or
(ii) any feathered game, including an ostrich;
(d) a rimfire bolt action pistol may be used to hunt;
(i) furred game up to and including the size of a rock hyrax, or
(ii) any feathered game;
(e) a centre fire falling block pistol may be used to hunt;
(i) any furred game, or
(ii) any feathered game, including an ostrich;
(f) a rimfire falling block pistol may be used to hunt;
(i) furred game up to and including the size of a rock hyrax, or
(ii) any feathered game.
(3) Subject to the provisions of these regulations the following caliber restrictions
will apply when a wild animal is hunted by means of a semi automatic pistol;
(a) a centre fire semi automatic pistol of at least .357 magnum or 357 Sig or larger caliber may be used to hunt,
(i) any furred game, or
(ii) any feathered game, including an ostrich, and;
may not be loaded with more than two cartridges;
(b) a centre fire semi automatic pistol smaller than .357 magnum or 357 Sig may be used to hunt,
(i) furred game up to and including the size of a grey duiker, or
(ii) any feathered game; and
may not be loaded with more than two cartridges;
(c) a rimfire semi automatic pistol may be used to hunt;
(i) furred game up to and including the size of a rock hyrax, or
(ii)any feathered game; and
may not be loaded with more than two cartridges;
(4) Notwithstanding the above a handgun with a minimum caliber of .375 of an inch
is required to hunt any buffalo, giraffe, rhinoceros, hippopotamus or elephant.
Gamebird hunting methods
29. (1) The following hunting methods are acceptable for the hunting of gamebirds;
(a) walkup shooting;
(b) driven and surround shoots; and
(c) stationary shooting;
(2) Gamebird hunters must observe the following;
(a) live birds may not be used as decoys to attract gamebirds;
(b) gamebirds may not be hunted from a vehicle by means of a firearm;
(c) gamebirds may not be hunted from a motorized boat;
(d) bag limits must include wounded birds and birds not retrieved; and
(e) hunters must ensure that spent cartridges are not left on the ground.
Bowhunting
Permissible bows
30. (1) The holder of a bowhunting induction certificate shall, subject to the
requirements of these regulations be entitled to hunt a wild animal by means of a;
(a) longbow;
(b) recurve bow; and a
(c) compound bow, but excludes a compound crossbow.
Categories of wild animals for bowhunting See above
31. (1) Subject to the provisions of these regulations the following restrictions will apply
when a wild animal is hunted by means of a bow and arrow, for;
(a) Category 1, small game, including gamebirds, small carnivores, hares, hyraxes, rabbits and pygmy antelope the –
(i) bow should have a minimum draw mass of 40 pounds;
(ii) kinetic energy should not be less that 30ft/lbs; and
(iii) arrow weight should not be less than 300 grains, for;
(b) Category 2, medium game, including reedbuck, impala, blesbuck,
warthog, bushpig, springbuck, and nyala, the –
(i) bow should have a minimum draw mass of 50 pounds;
(ii) kinetic energy should not be less that 50ft/lbs; and
(iii) arrow weight should not be less than 400 grains, for;
(c) Category 3, large game, including wildebeests, kudu, gemsbuck, zebra,
waterbuck, sable, hartebeests, leopard and lion the –
(i) bow should have a minimum draw mass of 60 pounds;
(ii) kinetic energy should not be less that 60ft/lbs; and
(iii) arrow weight should not be less than 500 grains, for;
(d) Cape buffalo, the –
(i) bow should have a minimum draw mass of 80 pounds;
(ii) kinetic energy should not be less that 80ft/lbs; and
(iii) arrow weight should not be less than 750 grains, for;
(e) Giraffe, the –
(i) bow should have a minimum draw mass of 90 pounds;
(ii) kinetic energy should not be less that 90ft/lbs; and
(iii) arrow weight should not be less than 750 grains.
Additional requirements for bowhunting
32. (1) Notwithstanding the requirements of section 32 the following conditions will
apply –
(a) field points may not be used to hunt any wild animal;
(b) in the case of mechanical broadheads 5% additional kinetic energy is required for Category 1, 2 and 3 game;
(c) mechanical broadheads may not be used for the hunting of buffalo and giraffe;
(d) broadheads with barbs are not permitted, except for shooting fish;
(e) broadheads must have at least two cutting edges; and
(f) the minimum permitted arrow length is 50cm.
Falconry
Capturing wild falcons and their possession are a restricted activity requiring permits
33. (1) Minimum standards for falconers
The minimum requirement for the grading process of a falconer shall include a;
(a) minimum one year apprenticeship;
(b) written and oral examination after the apprenticeship;
(c) an annual grading assessment to be carried out by the accredited body for falconers;
(d) an annual review of all graded falconers will be performed by the accredited body or any other body to which this competence has been delegated.
Short title and commencement
34. (1) These norms and standards are called the National Norms and Standards for the
Hunting Industry, 2009, and take effect on a date determined by the Minister in
the Government Gazette.