BWA- AA - WILDLIFE TENURE
PRECONDITIONS
Botswana / Preconditions
PRECONDITIONS
WILDLIFE TENURE
questions
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10. Administration and Management 10.1 [extract] Communities and their CBOs shall be required to develop and implement appropriate administrative and financial management systems and procedures to safeguard the benefits, finances and assets derived from the use of natural resources.[...]
10.3 Thirty-five [35%] of the proceeds of the sale of natural resources concessions and hunting quotas may be retained by the CBO. Sixty-five percent (65%] shall be deposited in the Fund for the financing of community based environmental management and ecotourism projects throughout the country. The Minister may however, vary these percentages depending on the circumstances and needs of a particular CBO.
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Section 2 :
"animal" means and includes any vertebrate or invertebrate animal or bird and the eggs and young thereof, but does not include a fish, except in a national park or a game reserve, or a domestic animal or bird, or the eggs and the young thereof.
Wildlife means flora and fauna occurring within natural and artificial ecosystems and habitats and this includes fish.
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Para 5.4:
Government, as custodian of the land and its resources, shall retain the ultimate authority to protect natural resources, species and habitats and will continue to monitor and regulate theur use to ensure survival and proper maganegment, all above rights notwithstanding.
Section 83 (extract) :
(1) Notwithstanding the provisions of any other written or unwritten law, the owner of land on which any animal is kept or confined, and which is enclosed by a game proof fence or in such other manner as may be approved by the Director, shall enjoy rights of ownership over such animal.
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Section 20 :
(1) A person shall be entitled to landholder's privileges under this section if-
(a) he is the owner of private land or the owner of not less than a quarter undivided share in private land in Botswana;
(b) in the case of land elsewhere than in a game reserve or national park, he is the occupier of such land under an agreement of lease or of purchase granted to him by
the State or a land board other than for the purpose of hunting;
(c) he is the occupier of private land in Botswana and has occupied that land for the immediately preceding period of not less than three months and has the written permission of the owner of the land to enjoy landholder's privileges in respect of that land, which written permission shall be in such form as may be prescribed.
(2) A person shall be entitled to enjoy landholder's privileges under this section if-
(a) he is the bona fide employee of any person such as is referred to in subsection (1)(a) or (1)(b) and has the written permission of that person to enjoy landholder's privileges
in respect of the land in question, which written permission shall be in such form as may be prescribed;
(b) he is the bona fide employee of any person such as is referred to in subsection (1)(c) and has the written permission of the owner of the land in question to enjoy
landholder's privileges in respect of such land, which written permission shall be insuch form as may be prescribed;
(c) he is the spouse or child of any person such as is referred to in subsection (1)(a) or (1)(b);
(d) he is the spouse or child of any person such as is referred to in subsection (1)(c) or
(2)(b) and has the written permission of the owner of the land in question to enjoy landholder's privileges in respect of that land, which written permission shall be in
such form as may be prescribed;
(e) he is the spouse or child of any person such as is referred to in subsection (2)(a) and has the written permission of the employer of that person to enjoy landholder's privileges in respect of the land in question, which written permission shall be in such form as may be prescribed.
(3) No person shall be entitled to landholder's privileges or to enjoy landholder's privileges under this section unless he is a citizen or resident of Botswana, or, being a company, has its registered office in Botswana, or at least 51% of its beneficial shareholders are citizens of Botswana, or the Minister has, by notice in writing, declared, in the interests of wildlife management, that such person shall be entitled to such privileges.
(4) A person shall be entitled to landholder's privileges or to enjoy landholder's privileges under this section only in respect of the land from which in terms of this section the privileges are derived.
(5) Notwithstanding any other provision of this Act, an individual entitled to landholder's privileges or to enjoy landholder's privileges in accordance with the provisions of subsection (1) or subsection (2) may, subject to such fees as may be prescribed, hunt and kill, without a licence or permit, any animals, other than protected and partially protected game animals, within the limits of the land in respect of which he is entitled to or to enjoy such privileges, but shall not kill any animal which is listed in the Eighth Schedule in excess of the number specified in relation to that animal in the second column of that Schedule within any one period such as is specified in the corresponding entry in the third column of that Schedule.
(6) Any person who contravenes the provisions of subsection (5) shall be guilty of an offence and, where no other penalty is provided under this Act in respect of the hunting of the animal concerned, shall be liable to a fine of P500 and to imprisonment for 6 months.
(7) Where, in any case such as is referred to in subsection (2), the owner or occupier of land has given written permission under this section to another person to enjoy landholder's privileges in respect of that land, the owner or occupier may, by notice in writing to that person, at any time withdraw such permission, and such notice shall have the effect of cancelling that person's entitlement to enjoy landholder's privileges in respect of that land with effect from the time when the notice is personally delivered to him.
(8) The owner or occupier of land in respect of which he is entitled to landholder's privileges shall not give permission to any other person to hunt and kill any game animal on such landunless such other person is either the holder of a valid licence or permit entitling or authorizing him to hunt and kill such animal on such land, or is otherwise entitled to hunt and kill such animal on such land, and any owner or occupier who contravenes the provisions of this subsection and has failed to take all reasonable steps to satisfy himself that such other person was so entitled or authorized to hunt and kill such animal on that land shall be guilty of an offence and liable to a fine of P500 and to imprisonment for 6 months.
Section 24 (extract) :
(4) Any person granted permission under subsection (1) shall be entitled to farm, ranch, hunt or capture animals on his land, for commercial purposes, subject to the provisions of this section and any terms and conditions subject to which such permission was granted: Provided that protected game animals and partially protected game animals shall only be farmed, ranched, hunted or captured on such land if specifically authorized by the Director.
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Section 20 (extract):
(5) Notwithstanding any other provision of this Act, an individual entitled to landholder's privileges or to enjoy landholder's privileges in accordance with the provisions of subsection (1) or subsection (2) may, subject to such fees as may be prescribed, hunt and kill, without a licence or permit, any animals, other than protected and partially protected game animals, within the limits of the land in respect of which he is entitled to or to enjoy such privileges, but shall not kill any animal which is listed in the Eighth Schedule in excess of the number specified in relation to that animal in the second column of that Schedule within any one period such as is specified in the corresponding entry in the third column of that Schedule. Section 24 (extract) (6) Where the game farm or ranch is enclosed by a game proof fence to the satisfaction of the Director, there shall be no limit to the number of animals that are specified in Part II of the Seventh Schedule that may be killed or captured on the farm or ranch, unless the Director otherwise directs, but where the farm or ranch is not enclosed by a game proof fence to the satisfaction of the Director, the culling of animals shall be subject to the written permission of the Director, who shall also, if satisfied that such culling is a sustainable form of game utilization, specify the number of animals that may be culled, and such culling shall be subject to the payment of such fees as may be prescribed.
Regulation 18. (extract):
(2) Any person who catches fish in privately owned land shall -
[..] (b) agree with the owner or occupier on terms and conditions of fishing;
6.7.:
While ranchers will in general determine their stocking rates and off take levels, CITES listed, protected and partially protected species will be subject to a quota. Stocking rates will be monitored and controlled in the same manner as the livestock industry, i.e. through the leases and existing legislation as the Agricultural Resources Act.
6.14.:
The Department of Wildlife and National Parks Act may limit or prohibit the live export of game species if it believes that such limitation or prohibition will favor the development of game ranches and / or allied processing industries locally.
These provisions are meant to promote sustainable
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Section 18:
The animals specified in Part I of the Seventh Schedule shall be partially protected game animals throughout Botswana, and no person shall, except under and in accordance with the terms and conditions of a licence or permit issued under this Act, hunt or capture any partially protected game animal.
Section 20:
(1) A person shall be entitled to landholder's privileges under this section if-
(a) he is the owner of private land or the owner of not less than a quarter undivided share in private land in Botswana;
(b) in the case of land elsewhere than in a game reserve or national park, he is the occupier of such land under an agreement of lease or of purchase granted to him by the State or a land board other than for the purpose of hunting;
(c) he is the occupier of private land in Botswana and has occupied that land for the immediately preceding period of not less than three months and has the written permission of the owner of the land to enjoy landholder's privileges in respect of that land, which written permission shall be in such form as may be prescribed.
(2) A person shall be entitled to enjoy landholder's privileges under this section if-
(a) he is the bona fide employee of any person such as is referred to in subsection (1)(a) or (1)(b) and has the written permission of that person to enjoy landholder's privileges in respect of the land in question, which written permission shall be in such form as may be prescribed;
(b) he is the bona fide employee of any person such as is referred to in subsection (1)(c) and has the written permission of the owner of the land in question to enjoy landholder's privileges in respect of such land, which written permission shall be in such form as may be prescribed;
(c) he is the spouse or child of any person such as is referred to in subsection (1)(a) or (1)(b);
(d) he is the spouse or child of any person such as is referred to in subsection (1)(c) or (2)(b) and has the written permission of the owner of the land in question to enjoy landholder's privileges in respect of that land, which written permission shall be in such form as may be prescribed;
(e) he is the spouse or child of any person such as is referred to in subsection (2)(a) and has the written permission of the employer of that person to enjoy landholder's privileges in respect of the land in question, which written permission shall be in such form as may be prescribed.
(3) No person shall be entitled to landholder's privileges or to enjoy landholder's privileges under this section unless he is a citizen or resident of Botswana, or, being a company, has its registered office in Botswana, or at least 51% of its beneficial shareholders are citizens of Botswana, or the Minister has, by notice in writing, declared, in the interests of wildlife management, that such person shall be entitled to such privileges.
(4) A person shall be entitled to landholder's privileges or to enjoy landholder's privileges under this section only in respect of the land from which in terms of this section the privileges are derived.
(5) Notwithstanding any other provision of this Act, an individual entitled to landholder's privileges or to enjoy landholder's privileges in accordance with the provisions of subsection (1) or subsection (2) may, subject to such fees as may be prescribed, hunt and kill, without a licence or permit, any animals, other than protected and partially protected game animals, within the limits of the land in respect of which he is entitled to or to enjoy such privileges, but shall not kill any animal which is listed in the Eighth Schedule in excess of the number specified in relation to that animal in the second column of that Schedule within any one period such as is specified in the corresponding entry in the third column of that Schedule.
(6) Any person who contravenes the provisions of subsection (5) shall be guilty of an offence and, where no other penalty is provided under this Act in respect of the hunting of the animal concerned, shall be liable to a fine of P500 and to imprisonment for 6 months.
(7) Where, in any case such as is referred to in subsection (2), the owner or occupier of land has given written permission under this section to another person to enjoy landholder's privileges in respect of that land, the owner or occupier may, by notice in writing to that person, at any time withdraw such permission, and such notice shall have the effect of cancelling that person's entitlement to enjoy landholder's privileges in respect of that land with effect from the time when the notice is personally delivered to him.
(8) The owner or occupier of land in respect of which he is entitled to landholder's privileges shall not give permission to any other person to hunt and kill any game animal on such land unless such other person is either the holder of a valid licence or permit entitling or authorizing him to hunt and kill such animal on such land, or is otherwise entitled to hunt and kill such animal on such land, and any owner or occupier who contravenes the provisions of this subsection and has failed to take all reasonable steps to satisfy himself that such other person was so entitled or authorized to hunt and kill such animal on that land shall be guilty of an offence and liable to a fine of P500 and to imprisonment for 6 months.
Section 24:
(1) Any owner of land or leaseholder, or any person authorized by the Minister for the purposes of this section, who wishes to farm or ranch game animals on the land he owns or occupies may apply therefor, in such form as may be prescribed, to the Director, and the Director may, in conformity with any land use plan, and with any other written law, and subject to the payment of such fees as may be prescribed, and such terms and conditions as he considers necessary or desirable, grant such permission in writing.
(2)(a) Any permission given in accordance with subsection (1) shall be for a period of not less than 10 years, and may be renewed, or, if the applicant is a leaseholder and the unexpired portion of his lease is less than 10 years, for the period of such unexpired portion.
(b) The Director shall cause notice of such permission to be published in the Gazette, and a notice shall be posted at the entrance, or the entrances, of the farm or ranch referring to such Gazette notice.
(3) Any permission given by the Director in accordance with subsection (1) may be withdrawn by him forthwith if the person to whom such permission is given is convicted of an offence under this Act, or contravenes any of the terms and conditions subject to which such permission was given.
(4) Any person granted permission under subsection (1) shall be entitled to farm, ranch, hunt or capture animals on his land, for commercial purposes, subject to the provisions of this section and any terms and conditions subject to which such permission was granted: Provided that protected game animals and partially protected game animals shall only be farmed, ranched, hunted or captured on such land if specifically authorized by the Director.
(5) The terms and conditions subject to which permission may be given under subsection (1), may include the requirement that the land concerned should be enclosed by a game proof fence of such type and specifications as the Director considers suitable and satisfactory.
(6) Where the game farm or ranch is enclosed by a game proof fence to the satisfaction of the Director, there shall be no limit to the number of animals that are specified in Part II of the Seventh Schedule that may be killed or captured on the farm or ranch, unless the Director otherwise directs, but where the farm or ranch is not enclosed by a game proof fence to the satisfaction of the Director, the culling of animals shall be subject to the written permission of the Director, who shall also, if satisfied that such culling is a sustainable form of game utilization, specify the number of animals that may be culled, and such culling shall be subject to the payment of such fees as may be prescribed.
(7) Where land in respect of which permission is granted under this section is not enclosed by a game proof fence, the Director may require that its boundaries be marked in such manner as he may specify.
(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.
(b) The provisions of section 39(1)(c) shall apply in respect of obtaining permission for the sale of animals, or meat or trophies from such animals, and such animals, meat or trophies hall not be otherwise disposed of in any manner not approved by the Director.
(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 w+K2ith the written permission of the Director.
(10) The operation of a live capture business on a game farm or ranch, or anywhere else, shall only be undertaken with the written permission of the Director.
(11) Where dangerous animals, or animals not indigenous to Botswana are on a game farm or ranch in accordance with the terms and conditions of permission granted under subsection (1), the owner or occupier of such farm or ranch shall take all reasonably possible steps to ensure that they do not escape therefrom, and if they do so escape shall take all reasonably possible steps to recapture or kill them.
(12) No person shall hunt or capture any animal on a game farm or ranch, or be on such farm or ranch with intent to hunt or capture any animal, without the permission of the owner or occupier thereof.
(13) Any person who contravenes any provision of this section shall be guilty of an offence and, without derogation from his liability under any other provision of this Act or any other written law, shall be liable, in respect of an offence under subsections (4), (6), (8)(b) or (12) to a fine of P5 000 and to imprisonment for 5 years, and in respect of any offence under any other subsection, to a fine of P500 and to imprisonment for 6 months.
Section 81 :
Nothing in this Act, and no licence, permit authority or permission issued or granted under this Act shall, or shall be deemed to, authorize any person to hunt or capture any animal in an area declared to be a reserved area under the Forest Act except under and in accordance with such permit, authorization or permission as maybe required by that Act, and 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 or the Forest Act, shall be liable to a fine of P2 000 and to imprisonment for 2 years.
Section 3:
These Regulations shall not apply within a game reserve or national park.
Section 17 (extract):
(1) The animals specified in the Sixth Schedule shall be protected fish and game animlas throughout Botswana.
(2) No person shall, except in accordance with the terms and conditions of a permit issued by the Director undet section 39 or section 40, fish, hunt or capture any prottected fish or game animls.
Section 19 (extract):
(1) A person shall not hunt or capture any animal (other than a non-designated invertebrate animal outside of a national park or a game reserve) otherwise than in accordance with the terms and conditions of a license issued, or a permit granted , under this Act:
Provided that a citizen of Botswana may hunt any non-designated animal, other than in a national park or game reserve, for consumption by himself or his dependants, without a license or permit.
(2) The animals specified in Parts II and III of the Seventh Schedule are animals that may be captured or hunted in accordance with the terms and conditions of a license issued under this Act:
Provided that where an area is specified or areas are specified in relation to a particular animal, that animal may be captured or hunted in that area or areas, as the case may be.
(3) No person shall engage in commercial or recreational fishing except in accordance with the terms and conditions of a license issued, or a permit issued in accordance with section 39.
(4) Subsection (3) shall not apply to subsistence fishing or aquaculture.
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Section 6 :
(1) The Minister shall be responsible for the control, management and maintenance of national parks, and without derogation from the generality of the foregoing the Minister shall for such purposes, within such parks, have power to-
(g) sell or exchange any specimen of animal or vegetation in a national park;
(h) purchase, exchange or otherwise acquire any specimen of indigenous animal or vegetation which he may consider it desirable to introduce into a national park;
(i) authorize any person to take or collect and remove any specimen of animal or vegetation from a national park, or do anything otherwise prohibited under this Act, for
scientific purposes;
(j) authorize any scientific investigations on such terms and conditions as he may approve; and
(k) authorize the killing or capturing of any animal, or the destruction or removal of any species of vegetation in the interest of the conservation of the fauna and flora of such parks, and of their management and control. Section 19. Hunting and capturing of animals generally
(1) Except as, or to such extent as may be, specially provided in this Act, no person shall hunt or capture any animal (other than a non-designated invertebrate animal outside of a national park or a game reserve) otherwise than under and in accordance with the terms and conditions of a licence issued, or a permit granted, under this Act:
Provided that a citizen of Botswana may hunt any non-designated animal, other than in a national park or a game reserve, for consumption by himself or his dependants, without a licence or permit
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section 2 (extract)
"tribal community" means any community or ethnic group, whether or not living within a tribal territory, which is organised in a tribal manner;
"tribe" means any tribal community in existence and recognized as a tribe immediately before the commencement of this Act and includes such other tribal communities as may be so recognized under section 3.
section 3:
( 1) The Minister, after consulting a tribal community in its Kgotla, may recognise that tribal community as a tribe.
(2) In deciding whether a tribal community shall be recognized as a tribe, the Minister shall take into account the history, origins, and organizational structure of the community, and any other relevant matters
Definition:
Community is a group of people bound together by a social and economic relations based on shared interests. For the purposes of this Policy, the community may consist of diverse groups of people, living in one or more settlements, with varied socio-economic interests and capabilities, but sharing an interest in management and sustainable use of natural resources in their common area.
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Section 19 (extract) :
(1) Except as, or to such extent as may be, specially provided in this Act, no person shall hunt or capture any animal (other than a non-designated invertebrate animal outside of a national park or a game reserve) otherwise than under and in accordance with the terms and conditions of a licence issued, or a permit granted, under this Act: Provided that a citizen of Botswana may hunt any non-designated animal, other than in a national park or a game reserve, for consumption by himself or his dependants, without a
licence or permit.
Section 30 (extract):
(1) Regulations made under this Act may provide for the issue of special game licences in respect of any animals other than protected game animals to citizens of Botswana who are principally dependent on hunting and gathering veld produce for their food, and such regulations may provide for- (a) the types of special game licence which may be issued; (b) the animals for the hunting of which each type of special game licence may be issued; (c) the categories of persons to whom such licences may be issued; (d) the periods for which such licences may be issued; and (e) the maximum number of animals of each species and kind which may be hunted by virtue of such a licence in any one period, and the area or areas within which they may be hunted.
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.”
Regulation 9:
(1) A special game licence, in the form set out in the Tenth Schedule, shall be issued free of charge.
(2) The special game licence shall be valid for a period of one year.
(3) The special game licence may only be issued to citizens who are principally dependent on hunting and gathering of veld products for their food and such other criteria as may be determined by the Director.
Regulation 5:
(1) Any person who engages in subsistence fishing shall be a citizen of Botswana.
(2) Any person who engages in subsistence fishing using rod and line shall not-
(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 pools in flood plains.
(4) Subject to subsection (2) any person who engages in subsistence fishing shall only use traditional fishing gear for the purpose of catching fish.
(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 or to imprisonment for a term not exceeding three months, or to both.
(3.1): (extract)[...] The following principles will be adhered to in implementing the Policy:[..]
(b) decentralized and participatory wildlife management with greater involvement of communities, the private sector and non-governmental organizations which is all for public benefit and sustainable development of the ecosystem. 3.2 The following considerations underpin the Policy objectives and actions:[...]
(ix) Providing guidance for community-based and transboundary natural resource management.
5.5 Co-management
5.5.1 Community-Based Natural Resource Management (CBNRM) has developed rapidly since the 1990s due to the new opportunities and benefits to communities as well as strong Government and donor support. The early projects depended on wildlife resources, but CBNRM projects now cover a broader range of resources such as veldt products. Support will be provided to the implementation of the 2007 CBNRM Policy, particularly with respect to wildlife
management and the use of the National Environmental Fund (NEF) as one of the tools for poverty eradication. The NEF needs to provide incentives for CBOs to work efficiently, effectively and in a transparent manner.
5.5.2 The growth in benefits of the wildlife sector over the last few decades needs to be maintained in future to eradicate poverty and contribute to development. There is need to share the benefits, costs and risks of the wildlife sector more evenly between the private sector, Government and communities and between different parts of the country. This Policy recognises the importance of the social and cultural context of communities in wildlife management.
Local conservation and management strategies are historically and traditionally key factors in the utilisation of wildlife and other natural resources. It is therefore imperative that strategies and plans for conserving and managing wildlife resources are enriched with socio-cultural and indigenous knowledge.
5.5.2 Objective
5.5.3.1 To promote partnerships in wildlife management through participation of communities, the private sector and civil society organisations in wildlife conservation, management and utilisation.
5.5.3 Strategies
5.5.3.1 Facilitate establishment of community based natural resources management projects and programmes through Community Based Organisations (CBOs).
5.5.3.2 Adopt co-management of Protected Areas with the private sector and communities and ensure that local communities derive benefits from PAs.
5.5.4.3 Develop benefit-sharing models which are sensitive to the needs of the different sectors of the community and based on accountability.
5.5.4.4 Facilitate private investments through outsourcing of non-core activities through partnerships with the private sector.
5.5.4.5 Solicit funding from stakeholders for biodiversity maintenance.
5.5.4.6 Promote the use of economic instruments for nature based tourism and wildlife sector.
6.4 Role of Communities and the General Public
6.4.1. The role of communities in wildlife management has increased in WMAs through community based natural resource management.
There is need for further community participation in the management of PAs through the establishment of stakeholder management committees for PAs, potential outsourcing of management tasks to communities (e.g. camp sites and lodges), and community activities such as craft sales and cultural performances. Communities will play an important role in monitoring and law enforcement, thus reducing the burden on Government. The community should further invest
back into the environment through sponsoring initiatives on fire control and management, research and monitoring as well as problem animal control.
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Section 3(extract):
Whereas every person in Botswana is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest to each and all of the following, namely—
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3.1. The overall goal of the CBNRM Policy is to create a foundation for conservation based development in which the need to protect biodiversity and ecosystems is balanced with the need to improve rural livelihoods and reduce poverty. This will be achieved by providing communities with diversified livelihood and economic options, opportunities and incentives and by managing and using the country's natural resources in a sustainable manner.
Section 93 : Payment of fees to distcric council
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 concerned
5.5 Co-management
5.5.1 Community-Based Natural Resource Management (CBNRM) has developed rapidly since the 1990s due to the new opportunities and benefits to communities as well as strong Government and donor support. The early projects depended on wildlife resources, but CBNRM projects now cover a broader range of resources such
as veldt products. Support will be provided to the implementation of the 2007 CBNRM Policy, particularly with respect to wildlife management and the use of the National Environmental Fund (NEF) as one of the tools for poverty eradication. The NEF needs to provide incentives for CBOs to work efficiently, effectively and in a transparent manner.
5.5.2 The growth in benefits of the wildlife sector over the last few decades needs to be maintained in future to eradicate poverty and contribute to development. There is need to share the benefits, costs and risks of the wildlife sector more evenly between the private sector, Government and communities and between different
parts of the country. This Policy recognises the importance of the social and cultural context of communities in wildlife management. Local conservation and management strategies are historically and traditionally key factors in the utilisation of wildlife and other natural resources. It is therefore imperative that strategies and plans for conserving and managing wildlife resources are enriched with socio-cultural and indigenous knowledge.
5.5.2 Objective
5.5.3.1 To promote partnerships in wildlife management through participation of communities, the private sector and civil society organisations in wildlife conservation, management and utilisation.
5.5.3 Strategies
5.5.3.1 Facilitate establishment of community based natural resources management projects and programmes through Community Based Organisations (CBOs).
5.5.3.2 Adopt co-management of Protected Areas with the private sector and communities and ensure that local communities derive benefits from PAs.
5.5.4.3 Develop benefit-sharing models which are sensitive to the needs of the different sectors of the community and based on accountability.
5.5.4.4 Facilitate private investments through outsourcing of non-core activities through partnerships with the private sector.
5.5.4.5 Solicit funding from stakeholders for biodiversity maintenance.
5.5.4.6 Promote the use of economic instruments for nature based tourism and wildlife sector.
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Section 32 (extract) :
(3) Any person who makes any statement which to his knowledge or which he should have known is false or in any way misleading in connection with an application for a licence, which leads to or is likely to lead to his being issued with more licences than he is entitled to, or to the issue of licences purporting to entitle him to hunt more animals than he is entitled to hunt, shall be guilty of an offence and liable to a fine of P1 000 and to imprisonment for one year.
Section 33 (extract) :
(2) Any person who fails to inform a licensing officer, at the time of his application for any licence under this Act, of any fact which might disqualify him for the grant of a licence, or that he has been previously refused any licence or who makes a false declaration in or in connection with an application for any such licence, shall be guilty of an offence and liable to a fine of P1 000 and to imprisonment for 1 year.
Regulation 4 (extract) (3) Any person who convenes the provisions of this regulation shall be guilty of an offence and liable, in the case of a first conviction, to a fine not exceeclihg 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. 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.
(3) The Director shall cancel the licence or permit of any person who has been convicted of a second offence under this regulation and such person shall be banned from fishing for the next two open seasons Regulation 17 (extract) (5) Any person who stages a recreational fishing competition without a recreational fishing permit 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.
(6) Without prejudice to any sentence passed under subregulation (5), a person may in addition to such sentence be banned from undertaking commercial fishing, recerational fishing or staging or participating in a recreational fishing competition for five years. Regulation 18. ( 1) No person shall enter upon 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; and any person who contravenes the provisions of this subregulation shall be guilty of an offence and liable to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, or to both. Regulation 21. Prohibited fishing practices (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.
(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. Regulation 23 (extract) (4) A person who exports fish without an export permit commits an offente
and is liable to a fine not exceeding P500, or to imprisonment for a term not
exceeding six months, or to both. Regulation 24. General penalty. Any person who contravenes any provision of these Regulations for which no specific penalty is provided 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 six months, or to both.
Section 4 : Prohibition of use of explosive, poisonous or noxious substances. Any person who uses or permits to be used any explosive, poisonous or noxious substance for the purpose of killing, stunning or disabling fish or in any way rendering fish more easily caught shall be guilty of an offence and liable to a fine not exceeding P500, or to imprisonmentfor a term not exceeding 12 months, or to both.
Section 6:
Any authorized officer or police officer not below the rank of assistant inspector may-
(a) at all reasonable times enter into and upon any land or premises, or stop and enter upon any boat, for the purpose of preventing or detecting offences under this Act or any regulations made thereunder;
(b) seize any-
(i) boat, explosive, poisonous or noxious substance, net, instrument, rod, line or any other appliance or article which he has reasonable cause to believe is being or has been used in contravention of this Act or any regulation made thereunder; or
(ii) fish which he has reasonable cause to believe was captured in contravention of this Act or any regulations made thereunder; or
(c) without warrant, arrest and search any person whom he may find committing, or whom he reasonably suspects of having committed, an offence under this Act or anyregulations made thereunder.