17th December, 2010 Statutory Instruments 481

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GOVERNMENT OF ZAMBIA

STATUTORY INSTRUMENT NO.1 07 OF 2010

The Zambia Wildlife Act, 1998(Act No. 12 of 1998)

The Zambia Wildlife (Elephant Sport Hunting)

Regulations, 2010

ARRANGEMENT OF REGULATIONS( Title2. Interpretation3. Authority to hunt elephant for sport4. Designated areas for elephant sport hunting5. Notification ofallocated quota to Secretariat ofConvention6. Subsidiary agreements for elephant sport hunting7. Ownership, export and disposal of remains ofelephant8. Export of ivory and trophy9. Register10. Disbursement ofprofits11. Offence and penalty12. Exemption

13. Revocation of SI No. 40 of2005

SCHEDULE

Copies o/this Statutory Instrument can be obtainedfrom the Government Printer,Po. Box 30136, 10101 Lusaka, Price K5,OOO each

17th December, 2010 Statutory Instruments 483

IN EXERCISE of the powers contained in sections thirtyfour andone hundred andfortyfour of the Zambia Wildlife Act, 1998, andafter consultation with the Authority, the following Regulations arehereby made:

1. These Regulations may be cited as the Zambia Wildlife Title

(Elephant Sport Hunting) Regulations, 2010.

2. In these Regulations, unless the context otherwise requires Interpretation

"Authority" means the Zambia Wildlife Authority establishedunder sectionfour of the Act;

"concessionaire" means a holder of an exclusive huntingconcession granted by the Authority and the localcommunity;

"Convention" means the Convention on International Tradein Endangered Species ofWild Fauna and Flora concludedin Washington, D.C on 3rd March, 1973 and as amendedin Bonn on 22nd June, 1979;

"game management area" means an area of land declared tobe a game management area under section twenty-six ofthe Act;

"patr.on" has the meaning assigned to it in the Act; and

"trophy" has the meaning assigned to it in the Act.

3. (1) A holder of a hunting licence issued under the Act mayhunt elephant for sport.

(2) An elephant shall not be hunted for sport unless it is of the4'rescribed trophy size.

(3) In this regulation, an elephant is ofa prescribed trophy sizeif it has tusks and a minimum weight offifteen kilograms per tusk:

Provided that a holder of a hunting licence may, uponrequest, be authorised by the Director in writing, to hunt anelephant that does not possess any tusks.

(4) The hunt of elephant for sport-

(a) does not include the hunting ofelephant for the purposesofcontrolling problem elephants; and

(b) shall be undertaken during the period between 1Sl Mayand 31 st December or during such period as the Authoritymay determine.

Authority tohuntelephant forsport~-)

484 Statutory Instruments 17th December, 2010

Designatedareas forelephantsporthunting

Notificationofallocatedquota toSecretariat ofConvention

Subsidiaryagreementsfor elephantsporthunting

S.l. No. 60 of2007

S.1. No. 60 of2007

4. The hunting of elephant for sport shall be conducted in thegame management areas designated by the Authority.

5. (1) The Authority shall, where applicable, in accordance withthe Convention, notify the Secretariat of the quota of elephantsallocated in accordance with these Regulations.

(2) The quota of elephants allocated for sport shall not exceedthe quota ofelephants notified to the Secretariat of the ConventionIII anyone year.

6. (1) The Authority shall enter into subsidiary agreementswith respect to the hunting of elephants for sport with theconcessionaires operating in the designated game managementareas.

(2) The subsidiary agreements referred to in sub-regulation (1)shall be concluded on the basis ofthe following guidelines:

(a) fifty percent of the quota ofelepha.llts allocated for sportshall be allocated equitably to the fully paid upconcessionaires operating in the designated gamemanagement areas upon payment of the fees forelephants specified in the Zambia Wildlife (Licence andFees) Regulations, 2007;

(b) fifty percent of the quota of elephants referred to in sub­regulation (2) of regulation 5 shall be sold by auction tofully paid up concessionaires operating outside thedesignated game management areas:

Provided that where there is no bidder, the fullypaid up concessionaires operating in the hunting blockfor which the quota is available may purchase theremaining elephants at the reserved price;

(c) the reserve price for the auctioning of the elephantreferred to in paragraph (b) shall be an amount equal tothe fees specified for elephant in the Zambia Wildlife(Licence and Fees) Regulations, 2007;

(d) where the resident concessionaire has not paid the licencefees in full by the 31 st March of any year, the quotashall be auctioned in accordance with paragraph (b);and

17th December, 2010 485

(e) the concessionaire shall ensure that a hunter isaccompanied by a fully qualified and licensedprofessional hunter during the hunting ofthe elephant.

(3) The Authority shall-

(a) issue a non-resident elephant hunting permit to aconcessionaire in respect of elephant hunting in aspecified game management area; and

(b) ensure that a hunter is accompanied by at least onewildlife police officer.

(4) At least fifty percent of the meat of an elephant, which is.. _lled during sport hunting, shall be given to the local community in

the game management area in which the hunting takes place.

7. (1) A holder ofa hunting licence issued under the Act shall,within ninety-six hours ofhunting elephant for sport, complete andsubmit Form 1set out in the Schedule and the trophy to the nearestarea management unit for purposes of registration.

(2) The head of the area management unit referred to in sub­

regulation (I) shall, within seven days of receiving the Form andthe trophy submit them to the Authority for marking in accordancewith the requirements ofthe Convention.

8. (1 otwithstanding the pro isions ofthe National Parks andWi Idli fe (Elephant and Rhinoceros) Regulations 1993 a holder ofa hunting licence issued under the Act may apply for a permit toexport the ivory and trophy that is obtained from an elephant whichis hunted in accordance with these Regulations.

. (2) An application to export ivory shall be made in accordance.ith the Zambia Wildlife (International Trade in Endangered Species

ofWild Fauna and Flora) Regulations, 2007.

(3) Where a holder ofa licence referred to in ub-regulation (1)intends to export the ivory or trophy obtained from elephant sporthunting, the Authority shall, upon receipt ofthe ivory or trophy andthe appropriate fees, issue a certificate of ownership to the holderof the licence and the holder ofthe certificate shall at the time ofthe export, surrender the certificate to the Authority.

(4) The Authority shall permit a holder of a licence to exportivory and any other parts, in a raw form, other than meat.

(5) The Authority hall avail an applicant with sanitaryr quirement and i ue an e port permit in accordance with theprovisions ofthe Zambia Wildlife (International Trade in Endangered

pecies of Wild Fauna and Flora Regulations, 2007.

Ownership,export anddisposal ofremains ofelephant

Export ofivory andtrophy

S.I No. 81 of1993

S.l. No. 61 of2007

S.l. No. 60 of2007

486 Statutory Instruments 17th December, 20 10

Register

Disbursementof profit

Offence andpenalty

(6) Any ivory or trophy intended to be exported shall bereexamined at the time ofexport to ensure that the details submittedto the Authority in respect ofthe ivory or trophy match the trophyor ivory presented for export.

(7) For purpo es of these Regulations the designated airportsfor the export of ivory and any other lepbant trophy shall be theLivingstone Mfuwe, Ndola and Lu aka Airports.

(8) A concessionaire hall where a taxidermist is required forthe preservation ofthe trophy prior to export, provide details ofthetaxidermist to the Authority:

Provided that no worked ivory or elephant trophy shall beexported.

(9) A concessionaire shall deposit with the Authority any partof the elephant that remains after the holder ofa licence has takenwhat the holder requires.

9. The Authority shall maintain a register containing the detailsof-

(/,1) the sport hunting of the elephant;

(b) the area in which any hunting is conducted; and

(c) the full names, address and such other particulars oftheholder of a licence as the Authority may determine.

10. (1) In this regulation, "profit" means the difference betweenthe revenue realised from fees for elephants and the costs incurredby the Authority for conservation and management in eachrespective game management area.

(2) The Authority shall disburse the profits realised from elephantsport hunting as follows:

(a) forty-five per centum to the local community in the gamemanagement area in which the hunting takes place;

(b) fifty per centum to the Zambia Wildlife Authority; and

(c) five per centum to the patron in the game managementarea in which the hunting takes place.

11. (I) A person who contravenes theseRegulations is liable,upon conviction, to a fine not exceeding fifty thousand penalty unitsor imprisonment for a term not less than five years, or to both.

(2) In addition to the penalty prescribed in sub-regulation (1),the court may order the forfeiture ofanything which was the subjectof the contra ention or with which the offence wa committed orwh ich was used in or for the purpose of or in connection with thecommission of the offence.

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17th December, 2010 Statutory Instruments

SCHEDULE(Regulation 7)

REPUBLIC OF ZAMBIA

487

-e

The Zambia Wildlife Act, 1998(Act No. J2 of 1998)

The Zambia Wildlife (Elephant) (Sport Hunting)Regulations, 20JO

RECORD OF GAME AND/OR PROTECTED ANIMALSKILLED OR WOUNDED EXCEPT ELEPHANT

Name of Professional Hunter: .

Residential Address .Safari Company on behalf of which the Professional Hunter is submitting this return

DETAILS OF CLIENT

Name of client: , ..

NRClPassport No ..Nationality: Country of Residence ..Physical Address: .Postal Address: ..

Type of Licence: ..Date of issue: ..

DETAILS OF HUNT

LicenceNo.: ..Place of issue: ..

Name of Hunting Block where hunting was conducted .Hunting period From... To .

Detailed description of other trophy (e.g. tooth, bone, claw, hoof, hair, egg etc...

488 Statutory Instruments 17th December, 2010

ForeignDate Killed currency

Number Number GPS Trophy for valueor Species Sex (M/F) Wounded Location cha'j?edto

wounded killed export c.zentVi>O No

DETAILS OF TROPHY MEASUREMENTS (e.g. horn, tusk. skin, etc)

Top to Top Top toTd:Skull lengthSpecies (overhead) {Aroun ~ Right Boss Left Boss Sku/lwidth

Horn lengthBoss Boss

pecies (curved Horn length circumferences circumferenceshorned) (Right) (Left) (Right) (Left)

Species (Spiral Horn length Horn length Boss Boss

horned) (Right) (Left) Circumferences circumferences(Right) (Leji)

DETAILS OF PAYMENTS MADE

Type o/Payment Currency Amount

1) Amount of foreign currency paidby the client directly to the Safaricompany for the services rendered bythe ompany, including overheadsand extras.

2) Amount of foreign currency paid bythe afari company on behalf of the cliem

to the Director-General for the animals.licences and p rmit .3) Amount offoreigncurrency paid by the afari company onbehalfofthe clicm 10 the Director-Generalin re pc:cl of hunting rights.

Total amount paid the kwach equivalent of

U $ ..

...

17th December, 2010

Certification by -

Statutory Instruments 489

(a) Client

I certify that the animals listed on this return were hunted or wounded by me during the periodstated and that the total amount of foreign currency stated and paid by me to the safari companyis the full amount I was charged.

Date Name o/Client Signature o/Client

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(b) Professional HunterI certify that the animals listed in this return were actually hunted by the client in accordance

with the terms and conditions of a Safari Hunting Licence and that the total foreign currencystated above is the full amount paid by the client for the hunt.

Date Name ofProfessional Hunter Signature ofProfessional Hunter

Date Name ofWildlife Police officer Signature ofWildlife Police officer

I.

2.

..

Signature o/Wildlife Police Officer

Notes

In the event of insufficient space, the list is to be continued on a separate page.

ny currency d posited by the client for the co t of processing or shipping uchclients' trophics to their destination must be indjcated. Where ther . a discrepancybetween the total amount of foreign currency paid by thc clienlto-the safari huntingcompany and the actual amount deposited with the Znmbian Registered CommercialBank. the Safari company shall provide a written explanation for such discrepancy andhall attach the explanation to the original copy of the return and to the export permit.

3. The amount of foreign currency paid by the client directly to the safari company shallbe supported by a Form.

4. This return must be completed by the Professional Hunter who was in direct control ofthe hunt in question

5. The register must be presented to any wildlife police officer or honorary wildlife policeofficer on demand

6. The Professional Hunter is required to ensure that the register is available for inspectionwithin his hunting area during the hunt.

7. The original (white) copy of the return should be submitted to the Director-Generalwithin fourteen days after the completion of the hunt.

490 Statutory Instruments 17th December, 2010

8. The duplicate (yellow) return, which should be stamped by the appropriate licensingoffice of ZAWA, is to be attached to the client's Export Permit and both are to beexhibited to the Bank of Zambia when applying for an export licence.

9. The foreign client and the Professional Hunter are required to sign this form immediatelyupon the completion ofthe hunt. Non-compliance will render the Professional Hunterliable to prosecution. For this reason, all Professional Hunters should ensure that theyare in possession of a register whilst the hunt is being conducted.

10. Professional Hunters are required to take GPS coordinates for all areas where they havehunted or wounded game animals or protected animals.

FOR OFFICIAL USE ONLY

Export Permit No Date .

CITES Permit No Stamp............ "

C. NAMUGALA,

Minister of Tourism, Environmentand Natural Resources

LUSAKA9th December, 2010

[MTENR/71 /14/2]

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