BWA- CF - HARVESTING/TAKING METHODS AND TOOLS
CONSUMPTION USE
Botswana / Consumption use
HUNTING AND INLAND FISHING
HARVESTING/TAKING METHODS AND TOOLS
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3 answers
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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).
Section 57:
(1) Subject to subsections (2) and (3), no person shall-
(a) whilst he is in or on any vehicle, aircraft or mechanically propelled vessel, discharge any weapon at or towards any game animal;
(b) use any vehicle, aircraft or mechanically propelled vessel in such manner as to drive, stampede or disturb any animal for any purpose;
(c) use any vehicle or mechanically propelled vessel for the purpose of capturing any game animal; or
(d) in any vehicle or mechanically propelled vessel approach nearer than 200 metres to any animal for the purpose of hunting or capturing the animal.
(2) Nothing in subsection (1) shall apply to the use of a vehicle, aircraft or mechanically propelled vessel for-
(a) the hunting or capture of any animal by any person acting in accordance with the provisions of section 46(1) or section 47(1);
(b) the hunting or capture of any animal by the holder of a valid permit granted under this Act which authorizes the use of a vehicle, aircraft or mechanically propelled vessel in the hunting or capture of such animal; or
(c) the driving away of any animal from any Government aerodrome or any licensed aerodrome by any person concerned with the maintenance of such aerodrome, or the driving away of any animal from an emergency landing ground by any person when it is necessary so to drive the animal to ensure the safety of any aircraft which is on, or about to land on, or about to take off from such emergency landing ground.
(3) Nothing in subsection (1) shall apply to the use of a mechanically propelled vessel for the hunting of any waterfowl specified in Part III of the Seventh Schedule or the hunting or capture of any crocodile or sitatunga.
(4) No person shall, for the purpose of hunting or capturing of any animal, drive or surround such animal by means of fire or, for the purpose of such hunting or capturing, cause any grass or bush fire, or use any other method of hunting or capture which the Minister may, by regulations, declare to be unlawful.
(5) No person shall, except under and in accordance with the written permission of a licensing officer, use for the purpose of hunting or capturing any animal any immediate means other than a hunting rifle, a shotgun or a dog used subject to such limitations as may be imposed by regulations: Provided that the provisions of this subsection shall not apply to any person acting in accordance with the provisions of section 46(1) or section 47(1), or to the extent that regulations made for the purposes of section 30 provide otherwise in respect of persons hunting in accordance with the provisions of a special game licence.
(6) Any person who contravenes the provisions of this section 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.
Section 58 (extract):
(1) No person shall use a Martini Henry or a muzzle loader or any firearm other than a rifle of a calibre not less than 9,3mm or ,375 magnum and capable of firing a cordite cartridge, for the purpose of hunting any elephant or buffalo, and a licence or permit authorizing the hunting of an elephant or a buffalo will only be issued on production by the applicant of an arms
certificate or a temporary permit for a rifle which conforms to the requirements of this subsection.
Regulation 37. Hunting by bow and arrow (1) Except for game animals listed under the Seventh Schedule of the Act, no person shall hunt a game animal by bow and arrow. (2) A hunter shall, when hunting small and medium game animals by bow and arrow, be equipped with a long bow of 22,3kg draw mass or a crossbow of 55kg draw mass, and throw a hunting arrow of a minimum of 400 grains. (3) When hunting large game animals by bow and arrow the hunter shall be equipped with a longbow of 26,8kg draw mass or a crossbow of 65kg draw mass and throw a hunting arrow of a minimum of 500 grains. (4) When engaged in hunting by bow and arrow- (a) arrows shall be tipped with hunting broadheads of steel and two cutting blades with a minimum overall cutting width of 2,5cm; and (b) crossbows shall have a minimum draw length of 40cm and fire arrows of a minimum of 45cm length. (5) For the purposes of hunting by bow and arrow, all animals listed under the Seventh Schedule of the Act, shall be classed as small or medium game animals, other than, zebra, kudu, gemsbok, blue wildebeest, hartebeest, tsessebe, sable and eland which shall be classed as large game animals. (6) Where a licensed citizen uses a traditional bow and arrow to hunt a game animal for subsistence purposes, such person shall be exempted from the provisions of subregulations (2), (3), and (4). Regulation 38. Hunting by use of bait (1) No person shall hunt a game animal, other than a leopard, by use of bait. (2) Hunting by use of bait shall be subject to the following conditions- (a) live animals shall not be used as bait; (b) hunting shall take place between 1600 hours and 1800 hours; (c) the hunting blinds shall be vacated outside these hunting periods; (d) only three baits shall be allowed and non-utilised baits are to be removed after the termination of each hunt; (e) no baits shall be placed within five kilometres of a boundary of a national park, game reserve or international boundary unless specified by the Director; (f) artificial lures including the use of taped calls or any other device shall not be used; (g) hunting blinds shall be temporary and shall be removed after each hunt; (h) baits shall be on trees at least three metres above ground. (3) Any person who contravenes any provision of this regulation shall be guilty of an offence.
Regulation 5 (extract):
(2) Any person who. engages in subsistence fishing using rod and line shall -
(a) use a rod with a reel; and
(b) catch and keep more than ten fish per day, .
(3) Subsistence fishing using other traditional fishing methods such as fishing baskets and traps shall only be undertaken in drying out woodland in flood plains.
Regulation 21 (extract):
(1) No person shall catch fish by -
(a) setting nets across a lagoon entrance, or river channel;
(b) drive fishing;
(c) seining;
(d) using a mosquito net, monofilament net or any other net which is not authorised by the Director;
(e) using any chemical, poison, poisonous plant or any noxious or other injurious substance;
(f) using any explosive, firearm or electrical device;
(g) using any light to lure or attract the fish;
(h) using a net within 100 metres of a bridge, culvert or spillway when water is flowing through such structures; or
(i) using batteries or other non-factory-made floats and sinkers.
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Section 57 (extract):
(4) No person shall, for the purpose of hunting or capturing of any animal, drive or surround such animal by means of fire or, for the purpose of such hunting or capturing, cause any grass or bush fire, or use any other method of hunting or capture which the Minister may, by regulations, declare to be unlawful.
Regulation 21 (extract):
(1) No person shall catch fish by -
...
(e) using any chemical, poison, poisonous plant or any noxious or other injurious substance;
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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.
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Section 32 (extract):
(2) The Director may, after consultation 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, and shall cause to be displayed a notice to this effect, at offices of the Department of Wildlife and National Parks, and at such other places as he may determine.
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 45 (extract):
(1) The Minister may, by order published in the Gazette, prohibit, for periods not exceeding 12 months at a time, the hunting or disturbance of any animals, or any species or sex of animals or any specimen of animal, in any defined area or areas, or the removal of any animal or part of any animal from any defined area or areas, for purposes of control of the spread of disease, protection of life or property, or for administrative purposes:
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Section 90: The Minister may, by order published in the Gazette, suspend, restrict or limit the application of any of the provisions of this Act, either generally or in respect of any area, for such period and subject to such conditions as he deems fit: Provided that such suspension, restriction or limitation does not contravene the terms of CITES.
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Section 22 (extract):
(1) Every owner or occupier of land in respect of which he is entitled to landholder's privileges, shall keep and maintain a record of every animal killed on that land by himself or by any other person hunting on that land with his permission or authority, and shall make that record available forthwith for inspection by any wildlife officer or any police officer who requires him so to do.
(2) The record maintained under this section shall contain, in respect of every animal killed, the following particulars-
(a) its species and sex;
(b) the date on which it was killed;
(c) the location where it was killed;
(d) the full name of the person who killed it.
Section 24 (extract): (8)(a) The provisions of sections 21, 22, and 23 shall apply, mutatis mutandis, with respect to the hunting or capture of animals on game farms and ranches and the keeping of records.
Section 38 (extract):
(1) Every single game licence holder shall, in animals the register attached to his licence, make a record of any animal killed by him, including any animal killed by accident or in error, and any animal deemed to have been killed by him in terms of such licence under section 44, and any animal wounded by him.
Regulation 7 (extract):
(4) The holder of a commercial fishing licence shall submit monthly catch and effort data indicating the type and number of fish caught in Form C set out in Schedule I to the Director.
Regulation 16 (extract):
(6) The holder of a seasonal recreational fishing permit shall submit monthly catch and effort data in Form C, set out in Schedule 1.
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Section 22 (extract):
3) Every owner or occupier of land in respect of which he is entitled to landholder's privileges shall, not later than the 15th February in each year, produce to a licensing officer, the record kept by him under this section, or a true copy of every entry made therein, during the immediately preceding year commencing on the 1st January.
Section 38 (extract):
(3) Every licence holder shall, in addition to keeping and maintaining a register under this section, within thirty days of the termination of hunting, or of the termination of his licence, or the termination of the hunting season, whichever is the soonest, submit to a licensing officer the return attached to his licence, duly completed, whether or not any animals were killed or wounded by him in accordance with the terms of the licence.
Regulation 7 (extract):
(4) The holder of a commercial fishing licence shall submit monthly catch and effort data indicating the type and number of fish caught in Form C set out in Schedule I to the Director.
Regulation 16 (extract):
(6) The holder of a seasonal recreational fishing permit shall submit monthly catch and effort data in Form C, set out in Schedule 1.
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Section 57 (extract):
(6) Any person who contravenes the provisions of this section 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.
Regulation 5 (extract):
(5) Any person who contravenes any of the provisions of this regulation shall be guilty of an offence and liable to a fine not exceeding P200 orto imprisonment for a term not exceeding three months, or to both.
Regulation 21 (extract):
(2) Any person who contravenes the provisions of subregulation (1) 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.