Public comment sought on protected species regulations

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The amendments to the ToPS regulations address the challenges experienced in the implementation of the current ToPS regulations.

Subsequent to the public participation process, the regulations and list of threatened or protected species will be amended, based on the consideration of comments received during the process and re-submitted for consideration by the minister.

These regulations and species lists replace the current ToPS regulations and species list.

The purpose of the regulations is to control the permit system, and to regulate and prohibit the manner in which specific restricted activities may be carried out.

The regulations have also been established to provide for the recognition of associations and for the composition and operating procedures of the Scientific Authority.

In addition, these regulations serve to provide for the registration and regulation of, amongst others, game farms, boat-based whale and dolphin watching operators, wildlife translocators and white shark cage-diving operators.

The regulations have been expanded to include all threatened or protected marine species including whales, dolphins, various species of seals and seabirds. This is to provide for an integrated and uniform system of managing and regulating all ToPS species within one piece of legislation, whether marine or terrestrial.

As per the requirements of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), the carrying out of a restricted activity may only be authorised in terms of certain permits, including an ordinary permit, standing permit, boat-based whale and dolphin watching permit, white shark-cage diving permit and a permit to an official of an issuing authority.

According to the draft regulations, permit applications for certain restricted activities, including wild specimens of critically endangered species or the importation of indigenous species from other countries, must be accompanied by a risk assessment report.

The report must include various information, including the taxonomy of the species, the role of the species in the ecosystem, the risks associated with the restricted activity, and the management of potential risks.

Members of the public are invited to submit written comments to the minister within 60 days of the publication of these notices.

Comments for both notices may be addressed as follows:

By post to: The Director-General, Environmental Affairs, Attention: Ms Magdel Boshoff, Private Bag X447, Pretoria, 0001

By fax to: +27(0)12 320 7026, by email to az.vog.tnemnorivne@ffohsoBM

Hand delivered at: 315 Pretorius Street, corner Pretorius and Van Der Walt streets, Fedsure Forum, Building, 2nd Floor, North Tower.

Comments received after the closing date may not be considered.

Access the notice on the regulations related to listed Threatened or Protected Species.
Access the notice on the lists of species that are threatened or in need of protection and activities that are prohibited and exempted from restriction.