Cape Town - Wildlife experts and biodiversity conservation organisations remain frustrated with inadequate enforcement of protective regulations for biodiversity in the country, after the Department of Forestry, Fisheries and Environment (DFFE) withdrew the recently amended protected species regulations in a government gazette notice.
This would have increased the number of terrestrial and freshwater species to be protected by stricter wildlife laws. In addition, related legislation was withdrawn pertaining to stricter management of elephants and rhinoceros, trophy hunting of leopards, as well as amendments to the alien and invasive species list, and the list of critically endangered, endangered, vulnerable and protected species.
Environment Minister Barbara Creecy withdrew regulations pertaining to threatened or protected terrestrial and freshwater species (Tops) and the associated species list in the government gazette on March 31, just a day before the notices were set to come into effect.
However, the Wildlife Ranching South Africa (WRSA) and Professional Hunters Association of South Africa (Phasa) legally challenged the department on the amended list, claiming there were material shortcomings in the regulations and lack of prior consultation.
After considering varied issues raised in the court application, Creecy said an out-of-court settlement was reached, and the department withdrew the implementation of the regulations pertaining to Tops, and its associated species list.
In a joint statement, WRSA chief executive officer Richard York said: “How is the world’s most successful private wildlife industry expected to operate and grow when we need to face impractical and unnecessary legislation? The South African game ranching industry has been proven to be able to recover and increase species populations across the board.”
York said they sat with highly-trained professional game ranchers who sustainably maintain and even repopulate Africa’s rare and endangered species without relying on any public funds, if they are only allowed to conduct business.
“Worst of all, the minister wants to increase regulation over privately-held game, but refuses to include the number of animals held in private ranches when determining whether a species requires protection,” York said.
While the game industry welcomed the withdrawal of sweeping wildlife protection legislation, biodiversity conservation organisations were exasperated with the continued inadequate enforcement of protective regulations for wildlife.
Executive director of the non-profit law clinic Biodiversity Law Centre Kate Handley said the publication of the new Tops regulations was significant because it was the first time in many years that the regulations have seen substantial amendment.
“The amendments would have gone a long way in protecting South Africa’s unique biodiversity, and withdrawal of the regulations and accompanying species list is deeply disappointing.
“In the absence of clear reasons for withdrawal of the new TOPS regulations, the withdrawal is a significant step backwards in terms of biodiversity management,” Handley said.
Handley said biodiversity was declining at an unprecedented rate, and they needed to do everything possible to address the drivers of biodiversity loss, including the overexploitation of species, and habitat loss.
Priyanka Naidoo, an affirming rights officer at Natural Justice, agreed and said: “Whilst South Africa is rich in biodiversity, we are losing this at rapid speed, so legislation protecting biodiversity is crucial in the fight against climate change.
“The amended regulations listed 266 species as vulnerable or endangered alongside the corresponding prohibited activities with regards to each. The legislation also improved regulations around hunting permits and captive breeding.”
If enacted, Naidoo said the amended regulations would have had a significant impact on conservation efforts and gone a long way in helping to reduce biodiversity loss. She said this was especially important given the role that wildlife played in supporting South Africa’s tourism industry.