Tourism in Botswana is regulated by the Tourism Act, 1992; Botswana Tourism Organisation Act, 2004; Tourism Policy, 2021 and National Ecotourism Strategy, 2002. By virtue of tourism activities being anchored on natural resources such as wildlife, fish, monuments and relics, the Wildlife Conservation and National Parks Act (WCNPA),1992, National Parks and Game Reserves Regulations, 2000; Monuments and Relics Act, 2001 and Wildlife Policy, 2013 are crucial in tourism regulation. 

The Wildlife Policy, 2013 defines protected areas as geographically defined areas which are designated or regulated and managed to achieve specific wildlife conservation objectives. These areas include national parks, game reserves, wetlands, sanctuaries, game ranches and farms, important bird areas, important fish areas and wildlife management areas. Section 5 of the WCNPA provides for the publication of a public notice, which includes a call for any intended objections against the proposed establishment of national parks. The order to declare any area as a national park must be confirmed by a Parliamentary resolution. In the development of wildlife management areas plans, the Director has to consult local districts and land boards. Since ecotourism areas are found in places where wildlife resources are, the Wildlife Policy and WCNPA recognises that it is logical that the land use in a protected area and the area in its immediate vicinity are compatible. This essentially entails conforming to wildlife management plans developed by the Director in designating areas for ecotourism.

Protected areas are considered as natural tourism resources. This is evidenced by Second Schedule of the WCNPA which designates certain areas in a national parks and game reserves as tourism facilities. Section 5, 6 and 8 of the WCNPA that deals with national parks provides that ecotourism activities must not cause harm or damage to wildlife and the protected areas. It specifically empowers the Minister to take such steps as will ensure the security of the animals and vegetation in national parks and the preservation of such parks and the animals and vegetation therein in a natural state.

The WCNPA, impose criminal sanctions for offences related to wildlife conservation. For instance, hunting in a national park attracts a fine of P10 000 and to imprisonment for 7 years (section 11 (1)). The Fish Protection Regulations imposes criminal sanctions for staging a recreational fishing competition without a fishing permit. The guilty person will be liable to a fine not exceeding P500, or to imprisonment for a term not exceeding 12 months, or to both. Also, the person may in addition to such sentence be banned from undertaking any recreational fishing or staging or participating in a recreational fishing competition for five years.

Ecotourism is defined in the Tourism Policy 2021 and National Ecotourism Strategy, 2002 as the "responsible travel to natural areas which conserves the environment and sustains the well-being of local people”. The Tourism Act provides for the existence of tourist enterprises. A tourism enterprise is defined as "an enterprise or activity specified in the Schedule, undertaken by a person, or a firm, for the purpose of, or to promote or facilitate, tourism in Botswana in return for financial reward”. This definition is broad in order to cover all types of tourism businesses such as Ecotourism Specified Businesses (ESBs). As per Section 16, there are different categories under which a tourism enterprise may be licensed. Category B is for operations that offer accommodation facilities on a fixed site such as photographic/hunting camps and lodges, public camping sites or caravan sites that offer game drives and other outdoor activities within wildlife management areas and protected areas, including operations that offer these accommodation facilities on a timeshare basis. Category C is for operations that offer off-site facilities such as mobile safaris operators that receive and transport travellers and guests within protected areas.

The law requires all operators who intend to undertake tourism enterprises to be licensed under the specific category. One of the functions of the Botswana Tourism Organization (BTO) is to plan, formulate and implement strategies for promoting sustainable tourism development including ecotourism. Accordingly, the BTO introduced an Ecotourism Certification System. The system periodically monitors eco-certified operators to ensure that operations comply with the stipulated requirements. The law does not provide for specific requirements for establishing ESB activities; however, a manual prepared by the BTO on the Ecotourism Certification System provides guidelines on the requirements for a licensed tourism enterprise to be ecotourism-certified. The Tourism Regulations require that all game drives, walking safaris and other tours be conducted only by holders of professional guide licences issued under the Wildlife Conservation and National Parks Act, 1992.

The Community-Based Natural Resource Management (CBNRM) Policy, 2007 allows communities through their Community Based Organisations (CBOs) to undertake tourism enterprise businesses. CBOs are registered as trusts that provide a locally controlled institutional framework for CBNRM development in Botswana. CBOs coordinate tourism and other CBNRM activities for their respective communities. Community trusts are registered legal entities that enable collective action in conservation and ecotourism development. They aim to use natural resources such as wildlife in ecotourism development to generate jobs and revenues. All trusts must incorporate natural resource management goals in their constitutions and produce management plans that specify how environmental management will be carried out in controlled hunting areas (CHAs) or ecotourism areas. Communities must also prepare an annual report describing how they have managed natural resources in their areas before Department of Wildlife and National Parks (DWNP)will allocate annual wildlife quotas. Their operations are guided by a constitution that addresses issues of membership, organization and duties. CBOs do not own natural resources but have resource use rights. Registered CBOs are entitled to lease land from the land board, attaining associated user rights from the DWNP, which may entail photographic safari rights and camping. These rights are utilized to manage resources directly or sold or auctioned to third parties (or members). Typically, CBOs in WMAs enter into joint venture partnerships (JVPs) with private tourism operators through subcontracting rights and leases. These JVPs not only pay the CBOs for leasing the land, but also generate local employment opportunities.

Originally, the CBOs were able to retain all their wildlife and tourism income and decide how they wanted to use it; however, the CBNRM Policy, 2007 directs communities to return 60 percent of the income to a national trust fund. The money in this fund could be used to support other communities, or the community earning the income could apply to be refunded. Furthermore, the Conservation Trust Fund, established through the Conservation Trust Fund Order, 1999 offers grants to the development of community-based projects for communities living adjacent to elephant ranges. The National Environmental Fund, established through the National Environmental Fund Order, 2020, also provides funds to support the ecotourism sector and the development of national heritage sites.

The Tourism Act, 1992 requires that all tourist enterprises be licensed, which include ESBs. An application must be made to the Director, who is Chairperson of the Tourism Industry Licensing Committee. The requirements depend on the category of the tourism enterprises. The Botswana Tourism Organisation  established under the Botswana Tourism Organisation Act, 2004 introduced the Botswana Ecotourism Certification System, covering more than 240 standards encompassing environmental management, cultural resources protection and community development, socio-economic responsibilities and fundamental ecotourism criteria. The System uses a three-tiered structure (levels) designed to incorporate the broadest cross-section of tourism operations while still distinguishing an urban facility from a true ecotourism product in a pristine natural environment. Level 1 (Green) is the basic entry level and reflects all of the mandatory criteria necessary for all facilities to be considered for certification. The standards for this level deal primarily with the environmental management systems of the facility. Second level (Green +) provides a higher standard for those who have achieved the first level. The third level referred to as Ecotourism defines the facilities that have met all the principles of ecotourism. Licensed tourism enterprises apply to the BTO to be awarded the appropriate certification. However, this is not mandatory, and it does not change their licensing status. The laws provide for the transfer of tourist enterprise licences. This also includes the transfer of any ecotourism certification logos, should the enterprise have been certified as such.

The Tourism Regulation, 1996 requires that all game drives, walking safaris and other tours be conducted only by holders of professional guide licences issued under the Wildlife Conservation and National Parks Act, 1992, and where relevant, the holders of tourist enterprise licences shall ensure that tourists are made aware of any potential dangers that may be encountered around the premises of such enterprises.

Under the Wildlife Conservation and National Parks Act (WCNPA), 1992 and the Wildlife (Hunting and Licensing) Regulations, 2001, the following licences are issued: a professional hunter's licence; a professional guide licence, an assistant professional guide licence or a specialist guide licence. A professional guide licence entitles the holder thereof to undertake all non-hunting guiding activities such as mobile safaris, boat safaris and game viewing. An assistant professional guide licence entitles a holder to undertake all guiding activities except for night drives, walking safaris, mobile safaris with overnight camping and animal back safaris. A holder of an assistant professional guide licence may accompany a professional guide on mobile safaris, walking safaris, animal back safaris and night drives. A specialist guide licence entitles the holder thereof to undertake animal back safaris, tours by dugout canoe (mekoro) and cultural natural resource use tours such as botanical tours and ornithology. A professional hunter assists any person or party in the hunting or photographing of any animal. A professional hunter can undertake any activity carried out by professional guides.

For issuance of any of the above licences, Regulations 17 provides that the Director may issue a licence if the applicant has successfully completed the required test; the test may be oral, written or practical, and it fulfils other conditions as determined by the Director. The applicant for a professional guide licence must be over 21 years of age and hold an assistant professional guide licence for a period not less than three years (Regulation 20). The application for an assistant professional guide licence must be over 18 years of age and must successfully have completed the required test given by the Director (Regulation 22), while the application for a specialist guide licence, Regulation 23 requires the applicant to be over 18 years of age and to have successfully completed the required test given by the Director. Generally, an entry permit is required to enter ecotourism areas such as national parks.

Further, under the National Parks and Game Reserves Regulations, 2000, any person who, within a national park or game reserve, conducts research or takes photographs or make films, whether cinema, video or television, and whether in digital format or not, for reward or as part of his/her employment, must be authorized in writing by the Director to carry out such activities. Also, activities such as water sports require written permission from the Director. The National Parks and Game Reserves Regulations prohibits disturbing wildlife in national parks.

Also, the WCNPA, 1992, as read with the Fish Protection Regulations, 2016, requires a person/entity who intends to undertake recreational fishing and stage a recreational fishing competition to apply for a licence authoring such activities. To be issued with a recreational fishing competition licence, the applicant must apply to the Director for approval, at least two months before the date of such competition, giving the time and place thereof, and the rules and conditions governing the competition. The Fish Protection Regulations, 2016 imposes criminal sanctions for staging a recreational fishing competition without a fishing permit. The guilty person will be liable to a fine not exceeding BWP500, or to imprisonment for a term not exceeding 12 months, or to both. Additionally, the person may be banned from undertaking any commercial fishing, recreational fishing or staging or participating in a recreational fishing competition for five years.

The WCNPA, 1992 imposes a fine of BWP1 000 and imprisonment for one year for failure to adhere to conditions imposed on the licences. It is an offence to transfer a professional guide's licence and the person convicted of an offence is liable to a fine of BWP2 000 and to imprisonment for two years. Further, a professional hunter who fails to take all reasonable steps to ensure that his/her client understands the terms and conditions of any licence or permit issued to him/her and does not report the commission of any offence committed by his/her client to a wildlife officer is guilty of an offence and liable to a fine of BWP5 000 and to imprisonment for five years. Under Regulation 35, if a professional guide contravenes the WCNPA, 1992 or any other law, he/she receives a warning from a wildlife officer. A professional guide who receives two warnings within one calendar year or who is convicted of an offence under the WCNPA, 1992 or the Regulations shall have his/her professional guide licence withdrawn by the Director for such period as he or she may determine.

The Botswana Tourism Organisation (BTO) Act establishes the BTO, which is given the responsibility for developing and improving tourism opportunities and diversifying the sector to include other forms of tourism, such as cultural and heritage tourism, ecotourism, entertainment, and recreational and leisure tourism, and bringing these tourism opportunities to the required marketable standard. The Board of the BTO determines policies for giving effect to the objects and purposes of the BTO Act; advises the Minister to change, review or formulate industry policies and strategies where necessary; sets performance targets and designs programmes aimed at facilitating the continued growth and development of tourism; and investigates any matter that may have a negative effect on the tourism industry, and makes recommendations thereon to the Minister.

In addition to its marketing and destination promotion functions, the BTO is currently tasked with inviting potential joint venture partnership (JVP) partners for community-based organization (CBOs) to tender for contracts. The tenders are then evaluated according to the BTO’s bid adjudication criteria. The BTO’s role is to prevent CBOs from choosing unsuitable partners and to ensure that fairer deals are struck in contract negotiations. Community trust CBOs are institutions created by communities to implement activities within the framework of the Community-Based Natural Resource Management (CBNRM) programme, mostly through tourism development. Membership of community trusts generally includes all people who have resided in the concerned village(s) for more than five years. The operations of CBOs is guided by a self-drafted constitution that specify, inter alia, the membership and duties of the trusts, the power of the Board of Trustees (BoT), how meetings are held, resources are governed, and sanctions of the trusts are handled. The BoT is the supreme governing body of each CBO. In most CBOs, the BoT is composed of ten members. It acts as intermediary between government agencies, non-governmental organizations and the communities they represent on issues of local participation in tourism development and conservation.

The BoT conducts and manages all the affairs of the trust on behalf of its members, i.e. the local village community. As a result of its important role in resource management, it is a key platform for decision making on quotas and benefit distribution, business deals with the private tourism sector, and agreements with support agencies, such as donors and non-governmental organizations.

The President and Minister responsible for tourism are also key actors in the ecotourism sector. The President is instrumental in establishing protected areas such as national parks where ecotourism activities are conducted, whereas the Minister is responsible for the control, management and maintenance of national parks.

At the central level, the Tourism Act creates the Tourism Industry Licensing Committee, which is responsible for issuing, amending and revoking tourist enterprise licences. The Department of Wildlife and National Parks issues licences to facilitate ecotourism activities and licences for professional hunters, professional guides, assistant professional guides and specialist guides.

The Tourism Policy, 2021 recognizes the need for coordination among government departments to ensure a successful tourism industry. Strategies to improve coordination include establishing multisectoral coordinating mechanisms to ensure greater coordination and effective implementation of policies and plans among the various sectors that impact on tourism. Also, the Ecotourism Strategy promotes coordination among different stakeholders. Actions consist of expanding the use of Local Advisory Committees to include commercial sector and local communities in the management of decision making on protected areas. To grade tourist enterprises, the Botswana Tourism Organisation (BTO) carries out inspections of documents or building plans, or of buildings or sites, with or without the assistance of other officials, such as planners or health inspectors, as it considers necessary or desirable.

The law ensures that there is no duplication of roles by indicating the responsibilities of the institutions involved. For instance, the Tourism Licensing Committee is responsible for issuing tourism enterprises licences, while the BTO grades licensed tourist enterprises.

The private sector plays a vital role in the tourism sector. Communities enter into several types of business arrangements with the private sector, of which the preferred model is the joint venture partnership (JVP) business model. In this model, the private sector is expected to develop and manage each business as a joint venture with the community. Over time, it is expected to train community members to manage parts of the venture and to develop their own ancillary enterprises.

The  Wildlife Conservation and National Parks Act (WCNPA), 1992 empowers the Minister who is responsible for the control, management and maintenance of national parks to delegate the administrative functions to the Director of Wildlife and National Parks. The Director is also empowered to delegate to any wildlife officer his/her powers as he/she considers necessary or desirable.

Community Escort Guides (CEGs) are employed by respective communities to enforce the rules of conservation in their controlled hunting areas (CHAs) on behalf of their community members. CEGs are trained by the Department of Wildlife and National Parks (DWNP) and work in community trusts to escort safari hunting activities and ensure that all hunting in the community CHA is conducted within the laws of Botswana. In photographic areas, they ensure that safaris are conducted within the correct zone and that photographic activities do not harm nature. Failure to observe the law empowers CEGs to arrest and hand over the culprit to the Botswana police.

The Botswana Tourism Organization Act empowers the Board to delegate some of its functions to committees established by it to deal with matters it considers necessary (section 15). Also, as per section 18 (4), the Chief Executive Officer may delegate to any senior officer of Botswana Tourism the exercise of any powers that he or she is authorized to exercise under the Botswana Tourism Organization Act.