Cape Town - The Department of Forestry, Fisheries and Environment (DFFE) has clarified its decision to withdraw the country’s amended protected species regulations to allow the department more time to consider issues brought forward by impacted hunting associations.
The regulations would have increased legislative protection of more terrestrial and freshwater species.
Environment Minister Barbara Creecy recently withdrew regulations pertaining to threatened or protected terrestrial and freshwater species (Tops) and the associated species list in the government gazette on March 31 pertaining to stricter management of elephants, rhinos, leopards, the alien and invasive species list, and the list of critically endangered, endangered, vulnerable and protected species.
This followed concerns raised in a legal challenge by Wildlife Ranching SA (WRSA) and the Professional Hunters Association of SA (Phasa) against the department’s amended list, claiming there were material shortcomings in the regulations and lack of prior consultation.
Department spokesperson Albi Modise said: “Due to the short time frames associated with the urgent interdict application brought by WRSA and Phasa, and based on legal advice, the minister decided to withdraw the revised Tops regulations and associated species.
“This step would afford the department more time to consider all the issues raised by the two organisations in more detail.”
An out-of-court settlement was reached on the matter and the department withdrew the implementation of the regulations pertaining to Tops and its associated species list. The department denied that the revised regulations were withdrawn due to inadequate enforcement.
Modise said: “The department remains committed to reform the legislative framework related to listed threatened or protected terrestrial and freshwater species.”
This would have been the first time in many years that the regulations saw substantial amendment. After the withdrawal, the department was lambasted by biodiversity conservation organisations who believed that in the face of the current unprecedented rate of biodiversity loss, stronger legislation was needed.
Kate Handley, executive director of the non-profit law clinic Biodiversity Law Centre, said the new Tops regulations sought to introduce greater regulation of South Africa’s Tops species, which would have gone some way to addressing the challenges faced in conserving terrestrial and freshwater species.
“It is deeply disappointing that these new regulations are not going to be brought into effect, compounded by the uncertainty regarding the reasons for their withdrawal and what the minister and her department intend to do to address the various issues raised and by when,” Handley said.
Priyanka Naidoo, an affirming rights officer at Natural Justice, said: “The withdrawal is incredibly disappointing, as it appeared that the DFFE was finally taking a step in the right direction regarding the protection of Wildlife.
“While South Africa is rich in biodiversity, we are losing this at rapid speed, so legislation protecting biodiversity is crucial in the fight against climate change.”
Naidoo said the regulations listed 266 species as vulnerable or endangered alongside the corresponding prohibited activities with regards to each, the legislation also improved regulations around hunting permits and captive breeding.
kristin.engel@inl.co.za