BWA- CE - DETERMINATION FOR ADAPTING SEASONS
CONSUMPTION USE
Botswana / Consumption use
HUNTING AND INLAND FISHING
DETERMINATION FOR ADAPTING SEASONS
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Section 2 (extract):
"open season", in relation to any game animal, other than a protected game animal, and any area, means the period declared by the Minister under section 36 as the period during which such game animal may be lawfully hunted in such area"
Section 36:
The Minister may, from time to time, 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, and such order may make different provisions in respect of different areas, different species of game animals or in respect of animals of a specified sex.
Section 24 (extract):
(9) The hunting or capture of animals on game farms or ranches may be permitted throughout the year, and at night, and in respect of animals of any age or either sex, as provided for under this Act, but unlawful methods of hunting or capture as specified under sections 55 and 57 may only be used with the written permission of the Director.
Section 89 (extract):
(2) A Minister's licence shall, subject to the terms of CITES, entitle the holder thereof to hunt any animals, other than protected game animals, in any area of Botswana 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, and as may be specified in the licence.
Regulation 2 (extract):
"open season" means the period of time stipulated under regulation 12 as the period during which fish may be caught.
Regulation 12 (extract):
(1) The period of time during which fish may be caught shall be the period beginning on 1st March and ending on 31st December every year.
(2) Any person who catches fish during the period beginning on 1st January and ending on 28th or 29th February shall be guilty of an offence and liable, in
the case of a first conviction, to 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 to a fine not exceeding P500, or to imprisonment for a term not
exceeding 12 months, or to both.
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Section 2 (extract):
"night" in any year from the 1st March to 30th September means the period of time between half past six in the evening and six o'clock in the morning, and from the 1st October to the last day of February means the period of time between half past seven in the evening and half past five o'clock in the morning;
Section 24 (extract):
(9) The hunting or capture of animals on game farms or ranches may be permitted throughout the year, and at night, and in respect of animals of any age or either sex, as provided for under this Act, but unlawful methods of hunting or capture as specified under sections 55 and 57 may only be used with the written permission of the Director.
Section 55:
(1) Subject to the provisions of subsection (2) no person shall hunt or capture any game animal by night or use any dazzling light for the purpose of hunting or capturing any game animal, and any person who contravenes the provisions of this subsection shall be guilty of an offence and without derogation from his liability under any other provision of this Act shall be liable to a fine of P5 000 and to imprisonment for 5 years.
(2) Nothing in subsection (1) shall apply to the holder of a valid permit granted under this Act which specifically authorizes the holder thereof to kill or to capture any game animal by night or by means of a dazzling light, or to any person acting in accordance with the terms of section 46(1) or section 47(1).
Regulation 38 (extract):
(2) Hunting by use of bait shall be subject to the following conditions-
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(b) hunting shall take place between 1600 hours and 1800 hours;
Regulation 20 (extract):
(1) No person shall catch fish at night except by the use of gill nets which have been set and left stationary in the water before night or sunset, whichever happens first. ·
(2) No unauthorised person shall interfere or tamper with gill nets at night.
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Section 56: No person shall hunt or capture any game animal during the closed season, and any person who contravenes the provisions of this section shall, without prejudice to his liability to be prosecuted under any other section of this Act, be guilty of an offence and liable to a fine of P5 000 and to imprisonment for 5 years: Provided that the provisions of this section shall not apply to the holder of a valid permit granted under this Act which specifically authorizes the holder thereof to hunt or capture such game animal during the closed season, or to the holder of a special game licence issued under section 30(2), or to any person acting in accordance with the provisions of section 46(1) or section 47(1).
Regulation 12 (extract):
(2) Any person who catches fish during the period beginning on 1st January and ending on 28th or 29th February shall be guilty of an offence and liable, in the case of a first conviction, to 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 to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both.