APPENDIX 1. TOPS regulations: key points relating to conservation and wildlife ranching
(1) Issuing authorities considering a permit application for a TOPS species have
to take into account a number of factors, including: the International Union for Conservation of Nature (IUCN) Red List
for Threatened Species status, whether the restricted activity in respect of which the application is
submitted is likely to have a negative impact on the survival of the relevant
listed threatened or protected species,the biodiversity management plan for the
species concerned, if any, relevant information on the database that the South African National Biodiversity Institute (SANBI)
is required to keep in terms of section 11(1)(j) of the National Environmental Management: Biodiversity Act (NEMBA),
and any risk assessment or expert evidence requested by the issuing authority
(2) Applications involving wild populations of critically endangered species
require additional measures, including: (1) a risk assessment, and (2) consideration
as to whether the restricted activity applied for is in line with the
biodiversity management plan for the species involved (Regulation 11).
(3) Additional factors to be taken into account by issuing authorities when
considering applications for hunting permits include: the hunting off-take limits
determined by SANBI for a listed threatened or protected animal species
(4) In the case of a damage-causing animal originating from a protected area, a
standard set of control options must be considered by the relevant provincial department.
A damage-causing animal may only be killed without a permit in self-defence
where human life is threatened (Regulation 14).
(5) An issuing authority must refuse a permit application for the translocation
of a specimen of a listed threatened or protected species to an extensive
wildlife system: (1) if such an extensive wildlife system falls outside the
natural distribution range of that animal species and the extensive wildlife
system is a protected area, or (2) if there is a risk of transmitting
disease or of hybridization with other species in that extensive wildlife
system (Regulation 23).
(6) Prohibited activities now include the hunting of a listed large predator,
white or black rhinoceros (Ceratotherium simum or Diceros bicornis), that is a put-and-take animal or in a
controlled environment, that is, “canned”
hunting† and the use of any
tranquilizing agents or use of a gin trap (Regulation 24).
(7) Prohibited activities involving listed threatened or protected
Encephalartos species include: gathering, cutting, destroying, and trade
in artificially propagated specimens of critically endangered or endangered
Encephalartos species or the export of such specimens, with a stem
diameter of more than 15 cm, except where provided for in a biodiversity
management plan approved by the Minister in terms of section 43 of the
Biodiversity Act (Regulation 25; amended 27 February 2009).
(8) Dart or “green”
hunting‡ is now prohibited except in
cases where a veterinarian or a person authorized by a veterinarian in writing
is in possession of valid permit (Regulation 26).
(9) Bow hunting of a listed large predator, crocodile (Crocodilus, white and black rhinoceros, and
elephant (Elephas) is now prohibited (Regulation 26).
(10) Compulsory conditions for the registration of captive breeding operations:
the person to whom the registration certificate is granted must prevent
hybridization and/or inbreeding, keep a stud book where appropriate, and provide
information each year to the issuing authority (Regulation 35; also see Appendix 2).
(11) A Scientific Authority has been established that will meet at least once a
year to develop a report to the Minister regarding compliance with provisions in
terms of section 61 of the Biodiversity Act (Regulations 59/65).
†Green hunting is where
animals are hunted by means of a dart containing an immobilizing
‡Canned hunting is where
lions are bred and hunted within in a controlled, caged environment for