28 February 2017

1. Briefing of the Select Committee on Land and Mineral Resources:Role of environmental legislation in the management of threatened, endangered and commercially exploited species (incl. captive-bred lion) 28 February 2017 Biodiversity and Conservation

2. Purpose To brief the Select Committee on Land and Mineral Resources on the role of national environmental legislation in the management threatened or protected and commercially exploited species, in particular captive- bred lion.

3. Table of contents • Introduction • Listing of African lion • Legislative requirements • Offences and penalties • Legislative amendments • Biodiversity Management Plan • Proposed trade in lion bones

4. Introduction (I/III) • International agreements relating to lion in respect of protection and sustainable use primarily involve the: • Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); and • Convention on Biological Diversity (CBD) • The CBD and CITES focus on: • Protection and conservation • Bioprospecting, fair and equitable sharing of benefits • Sustainable use • Effect to international agreements is given in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (NEMBA)

5. Introduction (II/III) • The Department of Environmental Affairs (DEA) and the Department of Tourism jointly hosted a Biodiversity Economy and Tourism Lab, as part of Operation Phakisa, from 10 April - 13 May 2016 • The purpose of the lab was to advance the economic potential of South Africa’s natural resources • The initiatives with detailed implementation plans developed during the Lab, focused on addressing challenges that prevent growth in, and transformation of, the biodiversity economy

6. Introduction (III/III) • While NEMBA currently focuses strongly on the conservation and protection of species and ecosystems, it requires substantial amendment to promote and facilitate sustainable use of biodiversity resources; thus creating an enabling legislative environment to achieve the outcomes of the Lab • The process of substantial amendments to NEMBA has commenced in 2016

8. Listing of lion (I/II) • Activities involving lion is regulated in terms of national and provincial biodiversity legislation • Enabling national legislation: NEMBA • Section 56 of NEMBA enables the Minister to list a species as threatened or protected • Threatened species: • critically endangered, endangered or vulnerable, depending on its level of threat with extinction (based on IUCN Red List criteria)

9. Listing of lion (II/II) • Protected species • Species of national importance or high conservation value • Lion is currently listed in terms of NEMBA as a vulnerable species

10. Legislative requirements (I/III) • A permit is required in terms of NEMBA to carry out any restricted activity involving a lion specimen • Restricted activities include possession, transport, selling, hunting/ killing, import/ export, etc. • A specimen includes a living or dead lion, or any part of a lion (e.g. skin or bones) • Illegal killing of lion (killing without a permit) = poaching

11. Legislative requirements (II/III) • The Threatened or Protected Species (TOPS) Regulations require the compulsory registration of persons as wildlife traders, or facilities such as captive breeding facilities, zoos, sanctuaries, rehabilitation facilities, etc. • The TOPS Regulations prohibit the hunting of lion: • In a controlled environment (an area that is too small for a population to be self-sustainable) • That is trapped against a fence, without a fair chance to evade the hunter • By means of darting, or a lion that is under the influence of a tranquilising or narcotic agent

12. Legislative requirements (III/III) • By means of a trap, snare, poison, shot gun or air gun • By luring it with smell, sound or any other induced luring method • By means of flood/ spot lights, or from a vehicle or aircraft (except under specific conditions)

13. Offences involving lion (I/II) • Offences in terms of NEMBA: • Failure to comply with a prohibition notice (currently none applicable to lion) • Failure to comply with any permit requirement (Example: killing without a permit) • Failure to comply with any permit condition (Example: collection of DNA for genetic profiling) • Fraudulently altering a permit or fabricating a document to pass it as a permit (Example:changes to permit holder information / dates / quantities or use a fraudulent permit) • Making a false statement for the purpose of obtaining a permit (Example: false information relating to legal acquisition) • Allowing another person to carry out a restricted activity without a permit (e.g. allowing another person to poach a lion)

14. Offences involving lion (II/II) • Offences in terms of the TOPS Regulations: • Hunting a lion in a prohibited manner • Conducting a facility or operating as a wildlife trader without prior registration • Fraudulently altering game farm hunting permits by a game farm owner, or personal effects permits by a wildlife trader • Carrying out a restricted activity in contravention of applicable norms and standards constitutes a crime in terms of NEMBA, by contravening a permit condition

15. Penalties involving lion • Penalties in terms of NEMBA: • A fine not exceeding R10 million, or a fine equal to three times the commercial value of the specimen involved (e.g. lion skin), whichever is greater; or • Imprisonment for a period not exceeding 10 years, or • Both a fine and such imprisonment. • Penalties in terms of the TOPS Regulations: • Imprisonment for a period not exceeding five years; or a fine not exceeding R5 million; or • Both such a fine and such imprisonment; or • In the case of a second or subsequent conviction, to a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years, or both such a fine and such imprisonment.

16. Legislative amendments (I/II) Substantial amendment of the TOPS Regulations and species list, including provisions relating to lion • Purpose of the amendment is to strengthen certain provisions, e.g.: • A permit for the breeding of lion in captivity must be refused, unless the applicant can demonstrate how such breeding in captivity will contribute to the conservation of lion • Release of a captive-bred lion into a national protected area will require a compulsory risk assessment • No lion originating from a wild population may be introduced into a captive breeding facility, except for conservation purposes.

17. Legislative amendments (II/II) • Based on the most recent Red List Assessment, lion will be listed as a protected species in terms of NEMBA • Progress – approval by Minister initiated to table with NCOP for approval, and with National Assembly for noting

18. Biodiversity Management Plan (I/III) • A Biodiversity Management Plan (BMP) for Pantheraleo has been developed in terms of NEMBA and published on 2 December 2015 in the Gazette for implementation • The purpose of a BMP is to ensure the long-term survival in nature of the species to which the plan relates • Reasons for developing a BMP for lion: • IUCN Red List status and NEMBA status • Protected under Appendix II of CITES

19. Biodiversity Management Plan (II/III) • Regional Strategy for Lions in East and Southern Africa in 2005 (IUCN SSC Cat Specialist Group 2006) - encouraged the development of national strategies, to be harmonized with regional and national strategies from neighbouring countries • Vision of the Lion BMP: Through the existence of stable, viable and ecologically functional populations of wild and reintroduced lions, along with well-managed captive populations that have minimal conservation impacts, lions will provide key opportunities for economic development, social benefits and biodiversity conservation and improved management capacity

20. Biodiversity Management Plan (III/III) • Progress to date: The National Lion Task Team to coordinate the implementation of the BMP is being established

21. Proposed trade in lion bones (I/III) • Panthera leo (African lion)included inAppendix II of CITES • Trade in bones and other lion body parts was taking place (bones mainly a by-product of trophy hunting) • At CITES CoP17, 2016, Panthera leo listing was revised: Appendix II of CITES with an annotation: • With effect from 02/01/2017, for African populations: a zero annual export quota is established for specimens of bones, bone pieces, bone products, claws, skeletons, skulls and teeth removed from the wild and traded for commercial purposes. Annual export quotas for trade in bones, bone pieces, bone products, claws, skeletons, skulls and teeth for commercial purposes, derived from captive breeding operations in South Africa, will be established and communicated annually to the CITES Secretariat.

22. Proposed trade in lion bones (II/III) • The Management Authorities and Scientific Authority of South Africa proposed a quota of 800 skeletons per annum, originating from • The proposal was based on an assessment of previous year’s trade data (including trade in bones and hunting trophies) • The quota will be managed at a national level • International trade will be restricted to trade in skeletons only (not individual pieces, bone pieces, etc.) • Upon receipt of an application from a captive breeding operation (CBO)/hunting farm, the province will confirm with DEA whether a quota is available

23. Proposed trade in lion bones (III/III) • The issuing authority will evaluate the application and determine whether the relevant permit can be issued • Skeletons will be packed separately at source (captive breeding operation/ hunting farm), weighed, tagged and a DNA sample will be taken • Quota numbers will be indicated on all permits (e.g. killing/ hunting/ selling/ buying/ transporting/ exporting) • Consignment to be inspected (and weighed) and permit endorsed at port of exit; random DNA samples will be collected.