The principal legislation and policies governing consumptive use of wildlife are: - Wildlife Policy, 2013; Community Wildlife Natural Resources Management Policy, 2007; Wildlife Conservation and National Parks Act (WCNPA), 1992; Fish Protection Regulations, 2016; and Wildlife (Hunting and Licensing) Regulations, 2001. According to the WCNPA "hunting" means kill, injure, shoot at, or follow, wilfully disturb, or molest by any method, lie in wait for, or search for with intent to kill, injure or shoot at". Fishing “means an act directed at the taking, catching, killing or injuring of fish including for commercial, recreational and, subsistence purposes”. "Commercial fishing" is defined in the WCNPA to mean "the catching of fish by the use of factory-made gill nets or any gill nets made out of factory-made material including leads, twines or cork."  "Recreational fishing" is defined as fishing done on the basis of leisure and sport, using rod and line” while "subsistence fishing" is fishing using traditional fishing gear for personal and household consumption only." It limits the number of fish that would be caught and kept to ten per day.

According to the WCNPA, generally no specific status is required for conducting hunting since such is subject to a licensing system. Yet, by virtue of their status, landowners, and their bona fide employees, children or spouses can hunt on their lands subject to the landholders’ privilege permit. In the case of any tribal area such permissions are valid only if given by the Land Board established in respect of that tribal area. Regulation 13 of the Wildlife (Hunting and Licensing) Regulations, 2001, provides for the procedure to claim the landholder's privilege. The landowner must apply for yearly renewable registration with the DWNP to enjoy landholder's privileges. The law does not require that people performing any type of hunting/fishing must belong to any specific association.

The WCNPA requires specific permits or licences prior to hunting, whether in or out of protected areas, except for the hunting of non-designated animals. Licences that may be granted are bird license, single game license, special game license and small game license. Section 39 of the same Act provides for the issuance of Director's permit to conduct scientific research, and for capturing of any fish for breeding or farming. Special game licenses are required for subsistence hunting. The Fish Protection Regulations, require a commercial fishing license to be granted prior to commercial fishing. The same applies for recreational fishing, and the staging of recreational competitions. Further, the Fish Protection Regulations permits the issuing of collective permit system for fishing. This permit is issued to a fishing camp/lodge, and it allows bona fide client (s) of a Fishing Camp/Lodge to conduct recreational fishing on its strength. The terms and conditions for hunting and fishing are found in each permit/license. No person shall enter upon any land for the purpose of hunting or capturing any animal without the written permission of the owner or occupier of such land or unless he is accompanied by such owner or occupier or by his representative. According to section 20(8) of the WCNPA, the landholder commits an offence if he/she grants permission to any person to hunt on the land who does not have a permit/license to hunt. The offence attracts a fine of P500 and to imprisonment for 6 months.

The Wildlife Conservation and National Parks Act and the Wildlife (Hunting and Licensing) Regulations, contains rules on hunting and the issuance of licenses and permits to undertake hunting. Sections 27, 28, 29, 30, and 39 of the WCNPA provides for the types of licenses to hunt specific animals, namely: bird license for hunting birds; small game license (only to citizens), single game license, and special game license (only to citizens principally dependent on hunting and gathering veld produce for their food).  Non-citizens or residents of Botswana when hunting, must be accompanied by a professional hunter. The Director can issue a permit authorising the killing or capturing for specific reasons. These are: for the purposes of education or scientific research, providing specimens for museums, zoological gardens and similar institutions, or the breeding, farming or domestication of any animal; conservation, management, control or utilization of wildlife; the selling of animals killed or captured under the authority of a licence or permit and the selling of any meat, trophy or eggs from such animals; and capturing fish for breeding or farming.

The WCNPA and the Fish Protection Regulations provides for the different types of fishing licences, namely commercial fishing license and recreational fishing licenses (Section 26A). While the subsistence fishing is recognised, such does not require a specific a license. Nonetheless, Regulation 18 prohibits any person from entering any land for the purpose of catching any fish without the written consent of the owner or occupier or by the duly appointed representative of such owner or occupier.

The permits are subject to such terms and conditions as deemed fit by the issuing authority. The areas in which hunting/ fishing must be undertaken, the species and numbers of animal and the period are provided in the said licenses or permits. Licences are personal, non-transferrable, and may not be amended to permit fishing or hunting thereunder to be transferred from one controlled hunting areas or controlled fishing waters to another. Particulars of all licenses, permits or other authorizations issued to or held by a person shall be entered in a hunting card, which is not transferable and shall be carried by the holder at all times whilst hunting. The card shall be submitted for inspection when required to do so by a wildlife officer and whenever the holder thereof applies for another licence. Holder of a commercial fishing license and seasonal recreational fishing permit must submit monthly catch and effort data.

The costs for acquiring the different licenses are prescribed and categorised according to whether the applicant is a citizen or not. Special game licences are free of charge. Where the Minister so recommends, any revenue deriving from the payment of fees for licences or permits to hunt, capture, sell or farm any animals or in respect of any other wildlife activity in its area, other than in a national park or game reserve, shall be paid to the district council.

The WCNPA, establishes the rules for issuance, suspension, and termination of licenses and permits. The applicant must be above 15 years of age, present himself in person and present identity document and any proof of arms certificate. The licensing officer may require the applicant to undergo such tests as he considers necessary or desirable to satisfy himself that the applicant is a fit and proper person to be granted a licence. A person who is not a citizen or a resident of Botswana must, when hunting, be accompanied by a professional hunter. Any person who is aggrieved by the refusal of a licensing officer to issue the licence applied for may ask that the matter be referred to the Director for his decision. The Director may confirm the decision of the licensing officer, or reverse it, or vary it to such extent as he considers desirable. In terms of section 33, a person who has been convicted of any contravention of the provisions of the game laws of Botswana or any other country is disqualified for the grant of a licence for a period of three years from the date of such conviction, or for such other period as the Minister may determine in any particular case. The Minister may, at any time, and without assigning a reason therefor, cancel, amend or modify a permit issued under this Act, forthwith so informing the holder of the permit. According to the WCNPA, the Director has to consult with the appropriate local authorities and land boards to determine the number of animals of each species, or of a particular sex, that may be hunted during any season in any specified controlled hunting area, or any other specified area.

Criminal sanctions are imposed in case of hunting/fishing in the absence of a license and even for breach of conditions on the license. For first offenders, the offence attracts a fine not exceeding P 5 000 or imprisonment for a term not exceeding five years, while for second and subsequent convictions, it’s a fine of P1 000 and imprisonment for a term not exceeding one year or both. Any holders who sell the special game license or meat of the animal killed in respect of the license thereof shall have his license withdrawn forthwith and shall not be entitled to any other hunting licenses for a period of three years.

The Wildlife Conservation and National Parks Act (WCNPA) provides a list of species intended specifically for hunting. The species are grouped as follows: "protected game animals" - Sixth Schedule, and "partially protected game animals" - Seventh Schedule. Examples of ‘protected game animals’ include Night-ape; Pangolin; Aardwolf; Brown hyaena; Cheetah; Serval; Blackfooted cat; all vultures and all falcons.  Partially protected animals include Leopard; Lion; Zebra; Wild pig; Warthog; Elephant; Egyptian goose and Whitefaced duck. The Eighth Schedule lists the animals that may be hunted by virtue of Landholders' Privileges during any one period specified under section 20. These include zebra, kudu, and Gemsbok. Hunting of partially protected species listed in Part I of the Seventh Schedule requires a license or permit while protected species may only be hunted with a permit issued by the Director.  The WCNPA gives effect to CITES, therefore the listing of hunting species has to comply with CITES. Even a complimentary license, known as a Minister's license, issued in terms of section 89 of the WCNPA, entitling the holder to hunt any animals, other than protected game animals, in any area which is not in a national park, a game reserve or private land, in any season, whether or not such area is an area in which hunting is prohibited or restricted, and whether or not such season is the open season for such animals in that area, must comply with CITES as well.

For each hunting season, the Director may hold consultations with the appropriate local authorities and land boards, determine the number of animals of each species, or of a particular sex, that may be hunted during any season in any specified controlled hunting area, or any other specified area. Section 32 of the WCNPA provides a flexible mechanism listing system which allows the Director to determine the animals to be hunted in that particular season, considering different circumstances. The same provision obliges the Director to cause the display of such a notice listing the animals at offices of the Department of Wildlife and National Parks, and at such other places as he may determine.

Any person who captures or hunts a protected animal without a permit is guilty of an offence and liable to a fine of P10 000 and to imprisonment for 7 years. If the animal is a rhinoceros, the offender shall be liable to a fine of P100 000, and to imprisonment for 15 years. Also, conducting commercial and reactional fishing licence is an offence, attracting a fine of P1000 or imprisonment for one (1) year.

The Wildlife Conservation and National Parks Act (WCNPA); and the Fish Protection Regulations impose limitations on hunting and fishing. According to the WCNPA section 20 as read with Eight Schedule, the law provides for the maximum number of animals that may be hunted, yearly, by virtue of a landholder's privilege rights. Also, in cases of game ranch without a game proof fence, section 24 provides that the number of animals to be hunted or culled must be approved by the Director. In all other cases, the Director in consultation with local authorities and land boards determines the national quota of animals to be hunted in a particular season. The Fish Protection Regulations provides for the issuance of fishing quotas by the Director acting in accordance with such directions as may be given by the Minister.

By virtue of Botswana being a Party to CITES, it has to comply with CITES provisions. The Department of Wildlife and National Parks (DWNP) applies to CITES each year for quotas of endangered species such as Leopard, Cheetah and Crocodile. Species listed under CITES Appendix I are species for which international trade for non-commercial purposes is permitted but is strictly controlled by a permit system. The Conference of the Parties (CoP) may also establish export quotas for non-commercial trade that are recognised as not detrimental to the species by Resolution or Decision. Botswana utilises this procedure to apply to CITES for quotas. Of note is that Botswana’s CITES export quota is not the same as the national hunting quotas. Elephant tusks and rhinoceros horns shall be produced to a licensing officer to check whether that have been lawfully obtained, and in such case, they will be registered and returned to the hunter together with a certificate of ownership. Such certificate is also needed to lawfully import, acquire, or transfer ivory and tusks.

The legislation, specifically the WCNPA section 32 (2) does provide for the involvement of local authorities and land boards in wildlife assessments for the purposes of setting up hunting quotas. In the same vein the Wildlife Policy provides for incorporation of local knowledge in the assessment and determination of fishing quotas, but not hunting quotas. While the WCNPA does not specifically provide for the incorporation of local knowledge in the assessment and determination of harvesting levels, by virtue of local authorities being consulted, local knowledge may be implemented.

The quota setting is linked to monitoring system. This is specifically provided for by the WCNPA which require game ranchers to keep and maintain a record of every animal killed on that land and avail it, yearly, for inspection to the licensing officer. The same requirement is extended to holders of landholders’ privileges. The following particular must be recorded: species and sex; the date on which the animal was killed; location of where it was killed; and the full name of the person who killed it. The records must be made available for inspection by any wildlife officer or any police officer.

The WCNPA provides for geographical limitations upon hunting and fishing. Hunting in national in national parks is prohibited (section 11), while in game reserves a permit is needed, and the permit would have to indicate the exact game reserves it relates to (section 12). Also, for areas designated as controlled hunting areas (CHA), a license is needed to hunt in such areas and such license may indicate the particular CHA where hunting has to occur (section 16). Further to this, license for hunting also delineates the areas where such hunting must occur (Section 27-29). In relation to fishing, the law prohibits fishing in any waters except those designated as controlled fishing waters. A fishing license may delineate where fishing must occur (sections 16A and 31 (8)).

The WCNPA, Section 24 (13) imposes criminal sanctions for failure to comply with provisions on hunting limitations in game ranches. Specifically, failure to comply with the Director's directives on the wild animals to be harvested where there is no game proof fence, attracts a fine of P5 000 and imprisonment for 5 years. For exceeding the limit under landholders' privileges, section 20 (6) imposes a fine of P500 and imprisonment for 6 months.

The period where hunting and fishing is permitted is set out in the Wildlife Conservation and National Parks Act (WCNPA) and the Fish Protection Regulation. Hunting in Botswana is conducted during open season. The Minister, from time to time, and by order published in the Gazette, declare the period during which game animals may be hunted, either throughout Botswana or in any defined part of Botswana. The order may make different provisions in respect of different areas, different species of game animals or in respect of animals of a specified sex. However, hunting in game ranches and under the Minister's license is done throughout the year. The Fish Protection Regulation provides for the period wherein fishing is permitted, that is, beginning on 1st March and ending on 31st December every year.

Additionally, the WCNPA provide for day/night-time limitations. Night-time, in any year from the 1st of March to 30th September means the period of time between half past six in the evening and six o'clock in the morning. From the 1st of October to the last day of February, night-time means the period of time between half past seven in the evening and half past five o'clock in the morning. Hunting at night is permitted in game ranches (section 24 (9)). However, elsewhere hunting at night is not allowed, unless a permit is granted. The Wildlife Conservation National Parks (Hunting and Licensing Regulations) restricts hunting by bait to daytime, between 16.00 hours and 18.00 hours. Similarly, the Fish Protection Regulations prohibits fishing at night except if it is by gills and such are left stationery at night.

The WCNPA, section 56 imposes criminal sanctions for hunting during the closed season. The offence attracts a fine of P5 000 and to imprisonment for 5 years. For fishing during the closed season, the offence attracts a fine not exceeding P200, or to imprisonment for a term not exceeding three months. In the case of a second or subsequent conviction, it is a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both.

Harvesting methods and tools are regulated through the Wildlife Conservation and National Parks Act (WCNPA), the Fish Protection Regulations and Wildlife Conservation and National Parks (Hunting and Licensing) Regulations. As per sections 55 and 57 of the WCNPA, hunting game animal by night or use of any dazzling light is prohibited, except under a permit. Likewise, use of fire and vehicle, aircraft, or mechanically propelled vessel to discharge any weapons, or drive or cause stampede for hunting purposes or capture animals is prohibited. The use of mechanically propelled vessel is allowed for the hunting of any waterfowl or capture of any crocodile or sitatunga. In hunting elephants and buffalo, section 58 provides for the type of firearms for use, and specifically a rifle of a calibre not less than 9,3mm or ,375 magnum and capable of firing a cordite cartridge. 

The WCNP (Hunting and Licensing) Regulations provides for the following hunting methods: hunting by bow and arrow, and use of baits. Regulation 37 provides the type of bows and arrows to be used when hunting small, medium and large animals. Further, use of traditional bow and arrow is allowed for subsistence hunting per Regulation 37 (6). As per Regulation 38, use of bait is allowed when hunting leopards. Live animals are not to be used as bait, and only three baits are allowed, and non-utilised baits are to be removed after the termination of each hunt. Also, no baits are to be placed within five kilometres of a boundary of a national park, game reserve or international boundary unless specified by the Director. Artificial lures including the use of taped calls, or any other device is prohibited except under a Director’s permit has been granted. Baits are to be placed on trees, at least three metres above ground.

The WCNPA as read with the Fish Protection Regulations regulate fishing methods. For subsistence fishing, the WCNPA identifies the use of traditional gear in fishing. Traditional gear is gear manufactured in an artisanal manner making use of natural materials available from the natural environment. As per the Fish Protection Regulations prohibited methods of fishing include setting nets across a lagoon entrance, or river channel; use of mosquito nets; drive fishing; seining; and using any chemical, poison, poisonous plant or any noxious or other injurious substance.

The WCNPA, provides for sex-based limitations for hunting. For quota setting purposes, the Director, after consultation with the appropriate local authorities and land boards, may determine the number of animals of each species, or of a particular sex to be hunted (section 32). Also, in declaring the open season, the Minister may specify the sex of animal species to be hunted (section 36). Also, the Minister may, by order published in the Gazette, prohibit the hunting or disturbance of any animals, or any species or sex of animals or any specimen of animal for purposes of control of the spread of disease, protection of life or property, or for administrative purposes (section 45). However, the WCNPA, section 24 (9) permits the hunting of all ranched animals of all sizes.

Self-reporting mechanisms are entrenched in the law. For fishers, the Fish Protection Regulations (Reg.7 and 16) require fishers to monthly catch and effort data. The hunters, the WCNPA require the submission of a register of taking by game ranchers and holders of landholder's privileges. The WCNPA requires every single game licence holder to record in the registered attached to the license, any animal killed by him, including any animal killed by accident or in error, and any animal wounded by him. The register must be submitted to a licensing officer within thirty days of the termination of hunting, or of the termination of his license, or the termination of the hunting season, whichever is the soonest. For holders of single game licenses section 38 requires the holder to submit to the licensing officer, the register indicating his takings, within thirty days of the termination of hunting, or of the termination of his license, or the termination of the hunting season, whichever is the soonest. Failure to maintain and produce the register of animals killed upon inspection is an offence. This results in the cancellation of any existing license and renders the offender ineligible for the issuance of a license for the following season.

Failure to adhere to the hunting / fishing methods is an offence. For hunters, the offence attracts a fine of P5 000 and imprisonment for 5 years. As per the Fish Protection Regulations the sanctions are criminal: in the case of a first conviction, it’s a fine not exceeding P200, or to imprisonment for a term not exceeding three months, and, in the case of a second or subsequent conviction it’s a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both.

The Wildlife Conservation and National Parks Act lays down the institutional set-up of those involved in fishing and hunting. This Act defines the powers of the President, Minister and Director of Department of Wildlife and National Parks. Section 32 of the WCNPA provides for the role of the Director, local authorities and land boards in the setting hunting quotas. These entities determine the number of animals of each species, or of a particular sex, that may be hunted during any season in any specified controlled hunting area. Further, the Director issues fishing licenses, authorises use of otherwise prohibited methods of fishing and acting in accordance with such directions as may be given by the Minister, grant permits authorising the issuance of the fishing quotas. At central level, there is the Minister who give directives to the Director or any licensing office to ensure compliance with the Act. Also, the Minister may suspend or restrict the application of this Act.

For game ranching purposes, the Game Ranching Policy,2002 indicates the role of the Department of Wildlife and National Parks. The responsibilities of the Department of Wildlife and National Parks include monitoring of the operations of game ranches to ensure compliance with the Wildlife Conservations and National Parks Act, 1992 and the regulations developed thereunder; and issuance of permits for live capture, export and import of wildlife.

Institutional cooperation is essential in ensuring sustainable wildlife management. Therefore, the law indicates the areas of cooperation between different entities. The Game Ranching Policy provides for collaborations on the provision and operation of wildlife quarantine facilities, including the provision of veterinary services. Such cooperation is between the on Department of Wildlife and National Parks and the Department of Veterinary Services. Further, the Wildlife Conservation and National Parks Act, section 32, provides for cooperation between the Department of Wildlife and National Parks, local authorities and land boards in setting up hunting quotas. The government through the Wildlife Policy had decentralised decision making in wildlife management, therefore, local offices are to coordinate amongst themselves.

The Wildlife Conservation and National Parks Act empowers competent authority to delegate functions to other actors. Specifically, it empowers the Minister by virtue of section 6, to delegate some of his functions to the Director of Wildlife and National Parks. The Director as per section 39, may delegate some of his functions to a licensing officer. License and permit holders have the power to require any person whom he reasonably believes to be hunting or capturing animals on that land, to produce any license, permit, authority, or permission authorizing him to be on such land, or to furnish him with his full name and address.

The Wildlife Conservation and National Act (WCNPA) recognises hunting for local consumption. Specially, section 19 of the WCNPA provides for hunting of non-designated animals by citizens for consumption by the hunter or his dependents. Similarly, citizens who are principally dependent on hunting and gathering veld produce for their food can be authorised to hunt wild animals for consumption, via a special license determining the kind and number of animals and the period in which they may be hunted.

The law imposes controls upon the entitlement to consume meat generated from hunting. For holders of special game licenses, the Wildlife Conservation and National Parks (Hunting and Licensing) Regulations prohibit selling of game meat generated from hunting. Further, the Act imposes control upon the entitlement to trade meat generated from hunting. A permit is needed to sale meat. However, a permit is not needed if a person is a holder of a trophy dealer's license, or is entitled to landholder's privileges, or for a sale of a trophy obtained in accordance with the terms of a small game license or single game license.

Consumption of meat generated from hunting is allowed in restaurants provided the restaurant owner has a permit to sale the meat as per section 39 of the WCNPA. Also, as per section 61 (2), it is not an offence to purchase meat from a stall, at any fete, bazaar or other like function which is open to the public; or in the ordinary course of business from a person who carries on business in a shop, store, or other fixed place of business. The export from or import into or transport through or re-export from Botswana any animal, or trophy, meat or eggs requires a permit from the Director and the payment of such fee or export duty as may be prescribed.

Criminal sanctions are imposed by the WCNPA, section 60 (3) for trading in game meat without a permit. The penalty is a fine of P1000 and to imprisonment for 1 year. Also, per the Wildlife Conservation and National Parks (Hunting and Licensing) Regulations, there are administrative sanctions for selling game meat generated from hunting by holders of special game licenses. The permit will be withdrawn, and the person will not be entitled to another permit for a period of three years.

Retailing of meat generated from hunting is regulated by the Wildlife Conservation and National Parks Act (WCNPA). Sections 39 and 60 indicates that a permit is needed to sale fish and game meat. However, a permit is not needed if a person is a holder of a trophy dealer's license or is entitled to landholder's privileges and has the written approval of the Director, or for a sale of a trophy obtained in accordance with the terms of a small game license or single game license, the number of which shall be recorded by the purchaser, or where the fish is not reared and sourced from aquaculture or a fish farm. The permit will contain the conditions or sale as deemed fit by the Director. A permit is granted if the Director is satisfied that such selling is in the interests of wildlife conservation and the proper regulation of commercial development connected with wildlife. Purchasers are under an obligation to satisfy themselves before purchasing game meat, that the seller is authorised to do so as per section 61.

Further to this, the Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations, 2007 regulates the sale of meat, including farmed game meat. Regulation 14 indicates that the meat must be obtained from licensed premises. Licensed in this instance mean that the meat has been obtained from a licensed farmed game handling facility or a farmed game meat plant. The owner of the licensed premises must keep records to show the number of animals receives into, and the amount of fresh meat dispatched.

The WCNPA, Section 60 (3) imposes criminal sanctions for trading in game meat without a permit. The offender is liable to a fine of P1000 and to imprisonment for 1 year.

Two institutions are central to the distribution of meat generated from hunting, namely: Department of Wildlife and National Parks and Department of Veterinary Services (division of veterinary public health). Section 3 of the WCNPA establishes wildlife officers and the Director of Department of Wildlife and National Parks (DWNP). The Director is the Scientific Authority and the Management Authority for the purposes of CITES in respect of animals but may delegate his responsibilities as such Authorities to any other officer and or institutions beyond the DWNP subject to his own overriding control. The responsibilities of the Director include issuing permits for the selling of animals killed or captured under the authority of a license or permit and the selling of any meat, trophy or eggs from such animals (section 39 (1). 

The Livestock and Meat Industries (Meat Inspection and Control of Red Meat Abattoir) Regulations define the powers and responsibilities of the "controlling authority", namely the Director of Veterinary Services. The duties include issuing licenses to farmed game handling facility or a farmed game meat plant and revoking them. The Director is empowered to designate veterinary surgeons as Official Veterinary Surgeon (OVS)and in relation to and premises, appoint one or more OVSs or meat inspectors, as authorised officers in relation to the examination and seizure of meat, and the certification of fresh meat as healthy for human consumption (Regulation 9). At central level, there is Minister who hears appeals against the decision of the Director (Regulation 7).

The Wildlife Conservation and National Parks Act which sets up institutions involved in the sale and distribution of meat generated from hunting does not provide for mandatory coordination among authorities involved in decision making. 

The Wildlife Conservation and National Parks Act empowers delegation of powers by the Director to the wildlife officers. The delegation is mainly on licensing.