Botswana- Statutory law - Consumption use
Consumption use
Botswana
SUMMARY
Hunting and fishing are strictly permit- and licence-based. The licences for hunting wildlife are: bird licences for birds; small game licences for small game such as springhare; single game licences for hunting one animal only of the specified species and kind; and special game licences for citizens who are principally dependent on hunting and gathering veld produce for their food. Landowners, together with their employees, children or spouses, can hunt on their lands based on the landholder’s privileges granted by the Director of the Department of Wildlife and National Parks (DWNP).
The Wildlife Conservation and National Parks Act (WCNPA), 1992 and the Fish Protection Regulations, 2016 impose limitations on the number of wildlife and fish that may be hunted or fished in a given season. With regard to holders of landholders' privileges, the Eight Schedule to the WCNPA, 1992 provides for the maximum number of animals that may be hunted yearly. Also, where game ranches are without a game-proof fence, 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, 2016 provides for the issuance of hunting 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 the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), it must comply with CITES provisions. The DWNP applies to CITES each year for quotas of endangered species such as leopard, cheetah and crocodile.
The law imposes periods where hunting and fishing are permitted, i.e. during the open season, as declared by the Minister through an order. The order may make different provisions with respect to different areas, different species of game animals, or animals of a specified sex. However, hunting in game ranches under the Minister's licence is permitted throughout the year; fishing is permitted from 1 March to 31 December every year.
Hunting at night is generally prohibited except in game ranches; elsewhere it requires a permit granted by the DWNP. Hunting methods and tools are strictly regulated. For instance, hunting using fire, driving animals using dazzling lights and artificial luring calls are prohibited. For subsistence fishing, the use of traditional fishing gear is the permitted; however the use of explosives and poisonous plants, and seine fishing are prohibited.
The law imposes controls on the entitlement to consume meat from hunting. Selling of meat from hunting under a special game licence is strictly prohibited. Consumption of meat from hunting is allowed in restaurants provided that the restaurant owner has a permit to sell the meat. It is not an offence to purchase meat from a stall at any fete, bazaar or other similar function that 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. A permit is not required if a person is a holder of a trophy dealer's licence or is entitled to landholder's privileges, or for a sale of a trophy obtained in accordance with the terms of a small game licence or single game licence. The export from, import into, transport through or re-export from Botswana of 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.
The DWNP and the Department of Veterinary Services (DVS) are central to the hunting of meat and its distribution . The Director of the DWNP is the Scientific and the Management Authority to ensure alignment with CITES with respect to animals; however, he or she may delegate his/her responsibilities to any officer or institutions outside the DWNP, subject to his/her own overriding control. The responsibilities of the Director include issuing permits for 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. The Director of Veterinary Services (DVS) issues licences to farmed game handling facility or a farmed game meat plant. The Director of DVS may appoint meat inspectors as authorized officers for the examination and seizure of meat, and the certification of fresh meat as healthy for human consumption. These two departments collaborate on the provision and operation of wildlife quarantine facilities, including the provision of veterinary services. Such cooperation is between the on DWNP and the Department of Veterinary Services. Further, the WCNPA, 1992, provides for cooperation between the DWNP, local authorities and land boards in setting up hunting quotas.
HUNTING AND INLAND FISHING
HUNTER/FISHER STATUS
The following are the principal legislation and policies governing the consumptive use of wildlife: Wildlife Policy, 2013, Community Wildlife Natural Resources Management Policy (CBNRM), 2007, Wildlife Conservation and National Parks Act (WCNPA), 1992, Fish Protection Regulations, 2016 and Wildlife (Hunting and Licensing) Regulations, 2001. As defined in the Wildlife Conservation and National Parks Act (WCNPA), 1992, ‘hunting’ means to “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 is defined as “an act directed at the taking, catching, killing or injuring of fish including for commercial, recreational and, subsistence purposes”. As defined in the WCNPA, 1992 ‘Commercial fishing means "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 for leisure and sport, using a rod and line, while ‘subsistence fishing’ is for personal and household consumption only using traditional fishing gear. The Act limits subsistence fishing to a maximum of ten fish that may be caught and kept per day.
According to the WCNPA, 1992, in general, no specific status is required to hunt since it 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. Regarding any tribal area, such permissions are valid only if granted by the respective land board 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 or fishing belong to any specific association.
The WCNPA, 1992 requires specific permits or licences prior to hunting, whether in or out of protected areas, except for the hunting of non-designated animals. Section 26 indicates the types of licences that may be granted, such as the bird licence, the single game licence, the special game licence and the small game licence. Section 39 of the same Act provides for the issuance of a Director's permit to conduct scientific research, and for capturing of any fish for breeding or farming. Special game licences are required for subsistence hunting. The Fish Protection Regulations, 2016 require a commercial fishing licence to be granted prior to commercial fishing. The same applies for recreational fishing and the staging of recreational competitions. Further, the Fish Protection Regulations, 2016 provide for the establishment of a collective permit system for fishing. These permits are issued to fishing camps/lodges, and allows their bona fide client(s) to conduct recreational fishing. The terms and conditions for hunting and fishing are stated in each permit or 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 accompanied by them or by their representative(s). According to section 20(8) of the WCNPA, 1992, the landholder commits an offence if he/she grants permission to any person to hunt on the land who does not have a permit or a licence to hunt. The offence attracts a fine of BWP 500 and imprisonment for six months.
LICENSING: RIGHT TO HUNT/FISH IN A GIVEN AREA
The Wildlife Conservation and National Parks Act (WCNP), 1992 and the Wildlife (Hunting and Licensing) Regulations contain rules on hunting and the issuance of licences and permits to undertake hunting. Sections 27, 28, 29, 30 and 39 of the WCNPA, 1992 state the types of licences to hunt specific animals: the bird licence for hunting birds; the small game licence (only to citizens); the single game licence; and the special game licence (only to citizens principally dependent on hunting and gathering veld produce for their food). When hunting, non-citizens or residents of Botswana must be accompanied by a professional hunter. Section 39 of the WCNPA, 1992 provides for the issuance of Director's permit authorizing the killing or capturing of wildlife for specific reasons, such as: education or scientific research; the provision 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, 1992 and the Fish Protection Regulations, 2016 provide for the different types of fishing licences, namely the commercial fishing licence and the recreational fishing licence (Section 26A). Although subsistence fishing is recognized, it does not require a specific licence. Nonetheless, Regulation 18 prohibits any person from entering any land without the written consent of the owner or occupier or by his or her duly appointed representative for the purpose of catching any fish.
The permits are subject to such terms and conditions as deemed fit by the issuing authority. These licences or permits indicate the areas in which hunting and/or fishing may be carried out, the species and numbers of animals, and the hunting and/or fishing period. Licences are personal and non-transferrable, and may not be amended to permit fishing or hunting to be transferred from one controlled hunting areas or controlled fishing waters to another. Particulars of all licences, permits or other authorizations issued to or held by an individual shall be indicated on a hunting card, which is not transferable and shall be carried by the holder at all times while hunting. The card shall be submitted for inspection when required to do so by a wildlife officer and whenever its holder applies for another licence. Holders of a commercial fishing licence and seasonal recreational fishing permit must submit monthly catch and effort data.
The costs for acquiring the different licences are prescribed and categorized 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 with respect to 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, 1992 establishes the rules for issuance, suspension, and termination of licences and permits. Applicants must be above 15 years of age, must apply in person and provide identity documents and an arms certificate. The licensing officer may require the applicant to undergo such tests as he or she considers necessary or desirable to satisfy themselves 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 or her decision. The Director may confirm the decision of the licensing officer, or reverse it, or vary it to such extent as he or she considers desirable. Under 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 informing the holder of the permit. According to the WCNPA, 1992, the Director must 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 CHA or any other specified area.
Criminal sanctions are imposed in case of hunting/fishing in the absence of a licence and even for breaching any conditions listed on the licence. For first offenders, the offence attracts a fine not exceeding BWP 5 000 or imprisonment for a term not exceeding five years, while for second and subsequent convictions, there is a fine of BWP1 000 and imprisonment for a term not exceeding one year or both. Any holders who sell the special game licence or meat of the animal killed in according with this licence shall have his or her licence withdrawn forthwith and shall not be entitled to any other hunting licences for a period of three years.
IDENTIFICATION OF SPECIES
The Wildlife Conservation and National Parks Act (WCNPA) 1992 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’ are night-ape, pangolin, aardwolf, brown hyaena, cheetah, serval, blackfooted cat, all vultures and all falcons. Examples of ‘partially protected animals’ are the 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 landholder’s' privileges during any one period specified under section 20. These include zebras, kudus and gemsboks. Hunting of partially protected species listed in Part I of the Seventh Schedule requires a licence or permit, while protected species may only be hunted with a permit issued by the Director. The WCNPA, 1992 gives effect to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); therefore, the listing of hunting species must comply with the Convention. Even a complementary licence, known as a ‘Minister's licence’, issued in terms of section 89 of the WCNPA, 1992, 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 also comply with CITES.
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 (CHA) or any other specified area. Section 32 of the WCNPA, 1992 provides a flexible mechanism listing system that allows the Director to determine the animals to be hunted in a particular season, taking into consideration 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 (DWNP), and at such other places as he or she 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 BWP10 000 and to imprisonment for seven years. If the animal is a rhinoceros, the offender shall be liable to a fine of BWP100 000 and to imprisonment for 15 years. In addition, conducting commercial and reactional fishing licence is an offence, attracting a fine of BWP1 000 or imprisonment for one year.
ADAPTIVE DETERMINATION OF QUOTAS/LIMITATIONS
The Wildlife Conservation and National Parks Act (WCNPA) 1992 and the Fish Protection Regulations, 2016 impose limitations on hunting and fishing. According to the WCNPA, 1992, section 20, as read with the Eight Schedule, the law provides for the maximum number of animals that may be hunted per year by virtue of a landholder's privilege rights. Also, in case of a 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, 2016 provides for the issuance of fishing quotas by the Director acting in accordance with such directions as may be given by the Minister.
Botswana being a Party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) must comply with CITES provisions. The 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 strictly controlled by a permit system. The Conference of the Parties may also establish export quotas for non-commercial trade that is deemed not detrimental to the species by Resolution or Decision. Botswana utilizes this procedure to apply to CITES for quotas. Of note is that Botswana’s CITES export quota is not the same as national hunting quotas. Elephant tusks and rhinoceros horns must be presented 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. This certificate is also needed to lawfully import, acquire or transfer ivory and tusks.
The legislation, specifically the WCNPA, 1992, section 32 (2) provides for the involvement of local authorities and land boards in wildlife assessments for setting up hunting quotas. Similarly, the Wildlife Policy provides for the incorporation of local knowledge into the assessment and determination of fishing quotas, but not hunting quotas. While the WCNPA, 1992 does not specifically provide for the incorporation of local knowledge into the assessment and determination of harvesting levels, given that local authorities are consulted, local knowledge may be implemented.
The quota setting is linked to monitoring system. This is specifically provided for by the WCNPA, 1992, which requires game ranchers to keep and maintain a record of every animal killed on that land and shall make that record available for inspection to the licensing officer. The same requirement is extended to a person entitled to landholder’s privileges. The following particulars must be recorded: species and sex; the date on which the animal was killed; the 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, 1992 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, which must indicate the exact game reserves it relates to (section 12). Also, a licence is needed to hunt in areas designated as a controlled hunting areas (CHA), and it may indicate the particular CHA where hunting has to occur (section 16). Furthermore, licence for hunting also delineates the areas where such hunting must occur (Section 27–29). With regard to fishing, the law prohibits fishing in any waters except those designated as controlled fishing waters. A fishing licence may delineate where fishing must occur (sections 16A and 31 (8)).
The WCNPA, 1992, 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 BWP5 000 and imprisonment for five years. Moreover, section 20 (6) imposes a fine of BWP500 and imprisonment for six months for exceeding the limit under landholder’s privileges.
DETERMINATION FOR ADAPTING SEASONS
The period when hunting and fishing is permitted is set out in the Wildlife Conservation and National Parks Act (WCNPA) 1992 and the Fish Protection Regulations, 2016. Hunting in Botswana is conducted during open season. The Minister, from time to time, and by order published in the Gazette, declares the period during which game animals may be hunted, either throughout Botswana or in any defined part of the country. The order may include different provisions with respect to different areas, different species of game animals, or animals of a specified sex. However, hunting in game ranches and under the Minister's licence is permitted throughout the year. The Fish Protection Regulations, 2016 provides for the period in which fishing is permitted, that is, beginning on 1 March and ending on 31 December every year.
Additionally, the WCNPA, 1992 provides for day- and/or night-time limitations. Night-time, in any year, from the 1 March to 30 September, is defined as the period of time between 18.30 in the evening and 06.00 in the next morning. From 1 October to the last day of February, night-time refers to the period of time between 19.30 in the evening and 05.30 in the next 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 and 18.00. Similarly, the Fish Protection Regulations, 2016 prohibits fishing at night except by gillnets, which are left stationery at night.
The WCNPA, 1992, section 56 imposes criminal sanctions for hunting during the closed season. The offence attracts a fine of BWP5 000 and imprisonment for five years. For fishing during the closed season, the offence attracts a fine not exceeding BWP200, or imprisonment for a term not exceeding three months. In the case of a second or subsequent conviction, the offence attracts a fine not exceeding BWP500 and/or imprisonment for a term not exceeding 12 months.
HARVESTING/TAKING METHODS AND TOOLS
Harvesting methods and tools are regulated through the Wildlife Conservation and National Parks Act (WCNPA) 1992, the Fish Protection Regulations, 2016 and the Wildlife Conservation and National Parks (Hunting and Licensing) Regulations. As per sections 55 and 57 of the WCNPA, 1992, hunting game animal by night or use of any dazzling light is prohibited, except under a permit. Similarly, use of a fire and vehicle, aircraft or mechanically propelled vessel to discharge any weapons, or drive or cause a stampede for hunting purposes or capturing animals is prohibited. The use of mechanically propelled vessel is permitted for the hunting of any waterfowl or the capture of any crocodile or sitatunga. Regarding the hunting of elephants and buffalo, section 58 provides for the type of firearms for use, specifically a rifle of a calibre not less than 9.3 mm or .375 magnum, and capable of firing a cordite cartridge.
The WCNPA (Hunting and Licensing) Regulations provides for hunting by bow and arrow, and the use of baits. Regulation 37 states that, when hunting small and medium-sized game animals by bow and arrow, the hunter must be equipped with a long bow of 22.3 kg draw mass or a crossbow of 55 kg draw mass, and throw a hunting arrow of a minimum of 400 grains. When hunting large game animals by bow and arrow, the hunter must be equipped with a longbow of 26.8 kg draw mass or a crossbow of 65 kg draw mass, and throw a hunting arrow of a minimum of 500 grains. Further, arrows must be tipped with hunting broadheads of steel and two cutting blades with a minimum overall cutting width of 2.5 cm, and crossbows must have a minimum draw length of 40 cm and fire arrows of a minimum of 45 cm in length. Further, the use of traditional bow and arrow is allowed for subsistence hunting as per Regulation 37 (6). As per Regulation 38, the use of bait is allowed when hunting leopards. Live animals are not to be used as bait, and only three baits are allowed. In addition, non-utilized 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 are prohibited except unless granted a permit from the Director’s permit. Baits are to be placed on trees, at least three metres above ground.
The WCNPA, 1992, as read with the Fish Protection Regulations, 2016, regulate fishing methods. For subsistence fishing, the WCNPA, 1992 identifies the use of traditional gear in fishing. Traditional gear is gear manufactured in an artisanal manner, which makes use of natural materials available from the natural environment. As per the Fish Protection Regulations, 2016, prohibited methods of fishing include the setting of nets across a lagoon entrance or river channel; use of mosquito nets; drive fishing; seining; and the use of any chemical, poison, poisonous plant or any noxious or other injurious substance.
The WCNPA, 1992 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 the control of the spread of disease, the protection of life or property, or for administrative purposes (section 45). However, the WCNPA, 1992, section 24 (9) permits the hunting of all ranched animals of all sizes.
Self-reporting mechanisms are entrenched in the law. The Fish Protection Regulations, 2016 (Regulations 7 and 16) require fishers to report monthly their catch and effort data. For hunters, the WCNPA, 1992 requires the submission of a record of every animal killed by game ranchers and holders of landholder's privileges . The WCNPA, 1992 requires all game licence holders to record in the register attached to the issued licence, any animal killed by them, including any animal they killed by accident or in error, and wounded. The register must be submitted to a licensing officer within 30 days of the termination of hunting, or of the termination of their licence, or the termination of the hunting season, whichever is soonest. For holders of single game licences, section 38 requires them to submit to the licensing officer the register indicating their takings, within 30 days of the termination of hunting or of the termination of their licence, or the termination of the hunting season, whichever is soonest. Failure to maintain and produce the register of animals killed upon inspection is an offence. This results in the cancellation of any existing licence and renders the offender ineligible for the issuance of a licence for the following season.
Failure to adhere to the hunting and/or fishing methods is an offence. For hunters, the offence attracts a fine of BWP5 000 and imprisonment for five years. As per the Fish Protection Regulations, 2016, the sanctions are criminal: in the case of a first conviction, there is a fine not exceeding BWP200, or imprisonment for a term not exceeding three months, and, in the case of a second or subsequent conviction, there is a fine not exceeding BWP500 and/or imprisonment for a term not exceeding 12 months.
INSTITUTIONAL FRAMEWORK RELEVANT TO HUNTING AND INLAND FISHING
INSTITUTIONAL SET-UP
The Wildlife Conservation and National Parks Act (WCNPA), 1992 lays down the institutional set-up for those engaged in fishing and hunting. This Act defines the powers of the President, Minister and Director of the Department of Wildlife and National Parks. Section 32 of the WCNPA, 1992 provides for the role of the Director, local authorities and land boards in the setting of 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 licences, authorizes the use of otherwise prohibited methods of fishing and acting in accordance with such directions as may be given by the Minister, grants permits authorizing the issuance of the fishing quotas. At the central level, the Minister 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.
The Game Ranching Policy, 2002 indicates the role of the DWNP in game ranching. Its responsibilities include monitoring the operations of game ranches to ensure compliance with the Wildlife Conservations and National Parks Act, 1992 and the regulations developed thereunder, and issuing permits for live capture, export and import of wildlife.
INSTITUTIONAL COOPERATION AND COORDINATION
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 collaboration between the on Department of Wildlife and National Parks (DWNP) and the Department of Veterinary Services (DVS) on the provision and operation of wildlife quarantine facilities, including the provision of veterinary services. Further, the Wildlife Conservation and National Parks Act, 1992, section 32 provides for cooperation between the DWNP, local authorities and land boards in setting up hunting quotas. Since the Government through the Wildlife Policy decentralized decision making in wildlife management, local offices must coordinate among themselves.
DELEGATION OF POWERS
The Wildlife Conservation and National Parks Act (WCNP), 1992 empowers the competent authority to delegate functions to other actors. Specifically, it empowers the Minister by virtue of section 6 to delegate some of his or her functions to the Director of Wildlife and National Parks. As per section 39, the Director may delegate some of his/her functions to a licensing officer. Licence and permit holders have the power to require all persons whom they reasonably believe to be hunting or capturing animals on any land to produce any licence, permit, authority or permission authorizing them to be on such land, or to furnish them with their full name and address.
DISTRIBUTION OF MEAT/FISH GENERATED FROM HUNTING/INLAND FISHING
LOCAL CONSUMPTION/TRADE/TRANSPORT OF MEAT/FISH GENERATED FROM HUNTING/INLAND FISHING
The Wildlife Conservation and National Act (WCNPA), 1992 recognizes hunting for local consumption. Specially, according to section 19, 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.. Similarly, citizens who are principally dependent on hunting and gathering veld produce for their food can be authorized to hunt wild animals for consumption via a special licence determining the kind and number of animals, and the period in which they may be hunted.
The law imposes controls on the entitlement to consume meat from hunting. For holders of special game licences, the Wildlife Conservation and National Parks (Hunting and Licensing) Regulations prohibit the selling of game meat from hunting. Further, the Act imposes control over the entitlement to trade meat from hunting. A permit is needed to sell meat; however, it is not needed if a person is a holder of a trophy dealer's licence, or is entitled to landholder's privileges, or for sale of a trophy obtained in accordance with the terms of a small game licence or single game licence.
Consumption of meat from hunting is allowed in restaurants provided that the restaurant owner has a permit to sell the meat as per section 39 of the WCNPA, 1992. Also, as per section 61 (2), it is not an offence to purchase meat from a stall, at any fete, bazaar or other similar function that 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, 1992, section 60 (3) for trading in game meat without a permit. The penalty is a fine of BWP1 000 and imprisonment for one year. Also, as per the Wildlife Conservation and National Parks (Hunting and Licensing) Regulations, there are administrative sanctions for selling game meat from hunting by holders of special game licences. The licence will be withdrawn, and the person shall not be entitled to another one for a period of three years.
RETAILING OF MEAT/FISH GENERATED FROM HUNTING/INLAND FISHING
Retailing of meat from hunting is regulated by the Wildlife Conservation and National Parks Act (WCNPA), 1992. Sections 39 and 60 indicate 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 licence or is entitled to landholder's privileges and has the written approval of the Director; for a sale of a trophy obtained in accordance with the terms of a small game licence or single game licence, 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 of sale as deemed fit by the Director. A permit is granted if the Director is satisfied that the selling is in the interest of wildlife conservation and that the proper regulation of commercial development related to wildlife is applied. Purchasers are under an obligation to satisfy themselves, before purchasing game meat, that the seller is authorized to do so as per section 61.
Moreover, 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 here indicates 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 received, and the amount of fresh meat dispatched.
The WCNPA, 1992, Section 60 (3) imposes criminal sanctions for trading in game meat without a permit. The offender is liable to a fine of BWP1 000 and to imprisonment for one year.
INSTITUTIONAL FRAMEWORK RELEVANT TO DISTRIBUTION OF MEAT/FISH GENERATED FROM HUNTING/INLAND FISHING
INSTITUTIONAL SET-UP
Two institutions are central to the distribution of meat from hunting, the Department of Wildlife and National Parks (DWNP) and the Department of Veterinary Services (DVS) (Division of Veterinary Public Health). Section 3 of the WCNPA, 1992 establishes wildlife officers and the Director of DWNP. The Director is the Scientific Authority as well as the Management Authority for the purposes of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) with respect to animals, but may delegate his/her 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 licence 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. These duties include issuing and revoking licences to a farmed game handling facility or a farmed game meat plant. The Director is empowered to designate Official Veterinary Surgeons (OVSs), and with regard to premises, appoint one or more OVSs or meat inspectors as authorized officers for the examination and seizure of meat, and the certification of fresh meat as healthy for human consumption (Regulation 9). At the central level, the Minister may appeal the decision of the Director (Regulation 7).