PORTFOLIO COMMITTEE ON ENVIRONMENTAL AFFAIRS: 12 MARCH 2019BRIEFING ON THE IMPLEMENTATION OF THE RESOLUTIONS OF THE COLLOQUIUM ON CAPTIVE LION BREEDING
Purpose To provide progress to date on the recommendations by PCEA on matters of: • Policy and legislative review of Captive Breeding of Lions for hunting and Lion bone trade. • Auditing of captive lion breeding facilities throughout the country to ascertain the conformity with the current TOPS regulations and other applicable legislation and ensuring legislative compliance of breeding facilities • Awareness of private lion and cheetah cub petting and walking farms in the country, and action pursued against violators of TOPS Regulations dealing with CLB. • DEA and DAFF interface and programme of work intended to address animal welfare and health issues raised during the Colloquium, which straddle the mandates of the two departments. • Reconsideration of the decision to increase the lion bone trade quota from 800 (2017) to 1 500 lion skeletons (2018),
Mandate of DEA The mandate is set out in section 2 of NEMBA 2. Objectives of Act.—The objectives of this Act are— • within the framework of the National Environmental Management Act, to provide for— (i) the management and conservation of biological diversity within the Republic and of the components of such biological diversity; (iA) the need to protect the ecosystem as a whole, including species which are not targeted for exploitation; (ii) the use of indigenous biological resources in a sustainable manner; and (iii) the fair and equitable sharing among stakeholders of benefits arising from bioprospecting involving indigenous biological resources; • to give effect to ratified international agreements relating to biodiversity which are binding on the Republic; • to provide for cooperative governance in biodiversity management and conservation; and • to provide for a South African National Biodiversity Institute to assist in achieving the objectives of this Act.
Mandate of DAFF Animals Protection Act, 1962 (Act No. 71 of 1962) (APA) • “animal” definition includes “any wild animal, wild bird or reptile which is in captivity or under control of any person” • the administration of the APA has been assigned to the Minister of Agriculture and Land Affairs in terms of Proclamation No. R.45 of 8 August 1997 • the APA does not refer to, or define, welfare or well-being • the APA relates to the prevention of cruelty to animals, and provides that the Minister may make regulations relating to, among others: • ill-treatment, neglect or torturing of animals • confinement, chaining or tethering (tying an animal with a rope or chain to confine its movement) of animals in certain circumstances; • poisoning animals without reasonable cause;
Mandate of DAFF…cont…I • denying food or water to an animal, or abandoning an animal; • animal fights; • confinement and accommodation of animals, whether travelling or stationery • Section 2(3) of the APA provides that the Minister may by notice in the Gazette prohibit the killing of an animal specified in the notice with the intention of using the skin or meat or any other part of such animal for commercial purposes. ‘The implication is the ability of DAFF in the prohibition of the killing of lions for the purpose of harvesting its parts in terms of the APA’.
Policy and legislative review Proposed amendments to current legislation: • Proposed amendment of NEMBA to: • provide a mandate to regulate the well-being of faunal biological resources: • the mandate includes the power to prohibit an activity that may negatively impact on the well-being of a faunal biological resource • includes the power to make regulations in respect of faunal biological resources • Define “well-being” as follows: a state where the living conditions of a faunal biological resource are conducive to its health
Policy and legislative review…cont…I • Proposed amendments in respect of listed threatened or protected species (TOPS) to: • the issuing authority must refuse to issue a permit for the breeding of specimens of listed large predators, Diceros bicornisor Ceratotheriumsimum, unless the applicant can demonstrate how the breeding in captivity of such specimens will contribute to the conservation of the particular species • Exclusion of restricted activities involving any dead lion specimens from the exemption from permit requirements
Policy and legislative review…II New developments (High Level Panel) • On the 25th of February 2019, the Minister published a Government Gazette Notice No. 42247 inviting members of the public and or organisations to nominate individual persons, to be considered for appointment as members of the High level Panel. • The High Level Panel, functioning as an Advisory Committee will: • review the existing policies, legislation and practices related to • the management, breeding, hunting, trade and handling of • Elephant, Lion, Leopard and Rhinoceros. • Guiding principles and philosophy among others being the Constitution of the Republic of South Africa, the National Environmental Management Act, 1998 (Act No. 107 of 1998), the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), subordinate legislation, and international obligations informed by the ratified MEAs
Auditing of captive lion breeding facilities.. Compliance Inspection • DEA coordinated audits conducted by EMIs in provinces • All inspections were led by provinces’ EMIs • All permits for breeding facilities are issued by Provincial authorities • Mandate to conduct audit/inspection or enforcement actions vest with provincial authorities • DEA does not have mandate to issue permits, conduct audits /inspection or initiate enforcement actions
Audit of captive lion breeding facilities.. Compliance Inspection • Inspections conducted in four provinces (2015/16FY 2017/18 FY) • 227 facilities inspected • Free State:111 lion breeding facilities • Limpopo: 31 lion breeding facilities • North West:74 lion breeding facilities • Eastern Cape:11 lion breeding facilities
Audit of captive lion breeding facilities-Progress • Free State: All 111 facilities were inspected. • 62 facilities were found to be in non-compliance both TOPS regulations and permits. • Most facilities were found to be operating with expired permits. • 1 facility closed in the beginning of 2018 • 3 facility no longer conduct lion breeding operations • All expired permits were renewed
Clear programme to address animal welfare and health issues Welfare legislation
Lion bone trade quota • South Africa has been trading in lion specimens before without the quota. • Pantheraleois still listed in Appendix II of CITES, and Least Concern in the Red list of Mammals of South Africa, Lesotho and Swaziland • There is no restriction on international trade in lion specimens with an exception of the quota requirement for South Africa. • Domestically there is no legal instrument that currently prohibit trade in lion specimens. • The outcomes of the 2016 Non Detriment Findings: • Legal local and international trade poses a low to moderate, but non -detrimental risk to the species in the wild in South Africa. • the export of captive -bred lion trophies or captive -bred live lion for zoological or breeding purposes is not detrimental to the wild lion population in South Africa.
Lion bone trade quota • The Department has reviewed the decision for the 2018 lion export quota from 1500 to maintain the previous quota of 800 • The 2019 quota will be determined with public consultation by the Scientific Authority • The Department will publish a notice and notify relevant stakeholders • The Scientific Authority will make a recommendation to Minister after these consultations