The Minister of Water and Environmental Affairs, Ms Buyelwa Sonjica published draft Convention on International Trade in Endangered Species (CITES) Regulations under Section 97(1)(b)(iv) of the National Environmental Management: Biodiversity Act (NEMBA), 2004 (Act No 10 of 2004), and the National Environmental Laws Amendment Act, 2009 for public comment on Friday, 28 August 2009.
The Convention on International Trade in Endangered Species of Wild Fauna and Flora is an international agreement between governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival. Appendices I, II and III to the Convention International Trade are lists of species afforded different levels or types of protection from over-exploitation. Visit http://www.cites.org.za/ for more information.
Although CITES is legally binding, parties still need national legislation for the implementation and enforcement of the convention. "Not withstanding the implementation of CITES by provincial authorities as informed by their provincial nature conservation ordinances, standardisation through national regulations is still necessary for effective enforcement" said Mr Albi Modise, Departmental Spokesperson.
CITES works by subjecting international trade in specimens of selected species to certain controls. All import, export, re-export of plants and animal species listed on the appendices as well as the introduction from the sea, of species covered by the Convention International Trade, have to be authorised through a permit or licensing system. Each party to the convention must designate one or more management authorities in charge of administering that permit or licensing system and one or more scientific authorities to advice on the effects of trade on the status of the species.
The draft CITES regulations will make it possible for the Minister of Water and Environmental Affairs to issue CITES permits and certificates for activities undertaken by all organs of state, while provincial MECs will be the provincial management authorities issuing CITES permits and certificates for all other institutions and private individuals.
The national CITES management authority will among others, have the following duties: to communicate with the secretariat and other countries on scientific, administrative, enforcement and other issues related to implementation of the Convention International Trade; co-ordinate national implementation and enforcement of the Convention International Trade; consult with the Scientific Authority on the issuance and acceptance of CITES documents, the nature and level of trade in CITES listed species, the setting and management of quotas, the registration of traders and production operations, the establishment of rescue centres and the preparation of proposals to amend the CITES appendices ;to represent the Republic at national and international meetings related to CITES as well as to provide awareness raising, training, education and information related to the Convention International Trade.
The specific duties of the provincial management authority include, but are not limited to the following: consider and grant permits and certificates in accordance with the provisions of CITES and regulation nine, and to attach to any permit or certificate any condition that it may deem necessary; manage the utilisation of allocated CITES quotas; mark, tag and register CITES specimens in accordance with the Convention International Trade; coordinate and submit reports for the registration of individuals, institutions and facilities in accordance with the Convention International Trade and optimise participation of state departments and agencies in the province in CITES related matters.
All persons wishing to trade in specimens of any species listed in appendix I must be registered with the management authority and all persons wishing to produce captive bred animals and artificially propagated plants for commercial trade purposes of any species listed in appendix I must be registered with the management authority and with the secretariat in the case of captive bred animals.
The national management authority shall coordinate the enforcement of these regulations which will be enforced by an environmental management inspector. Permit application fees will be applicable to each CITES permit or certificate application.
Comments on these draft regulations are invited on or before 28 September 2009. All comments must be submitted in writing to the Director-General of the Department of Water and Environmental Affairs for attention: Ms Sonja Meintjes at the contact details below.
Any queries can be directed to:
Sonja Meintjes
Tel: 012 310-3545
E-mail: Smeintjes@deat.gov.za
To access the draft regulations please click on the link below:
http://www.environment.gov.za/NewsMedia/MedStat/2009Sep2/cities-02092009.pdf
For media queries contact:
Roopa Singh
Cell: 082 225 3076
Albi Modise
Cell: 083 490 2871
Issued by: Department of Environmental Affairs
2 September 2009
