PROCEDURES AND STANDARD TERMS AND CONDITIONS KEEPING WILD ANIMALS CAPTIVITY, KWAZULU-NATAL, SOUTH AFRICA : FOR

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1 PROCEDURES AND STANDARD TERMS AND CONDITIONS FOR KEEPING WILD ANIMALS IN CAPTIVITY, KWAZULU-NATAL, SOUTH AFRICA : REGISTRATION, PERMITS AND LICENSES FOR KEEPING WILD ANIMALS IN CAPTIVITY AND FOR THE EXHIBITION, BREEDING OR RELOCATION, OR TRADE, SALE OR EXCHANGE (ALIENATION), OF SUCH ANIMALS Adopted by the Board of Ezemvelo KwaZulu- Natal Wildlife on 30 October 2013

2 OBJECTIVE The objective for these Procedures and Standard Terms and Conditions for keeping of animals in captivity in KwaZulu-Natal is to implement reasonable standards for captive animals in the interest of biodiversity and animal welfare. This document pack provides: 1) Information for individuals and organisations who intend to keep animals in captivity what legislation is applicable, and which species of animals and activities require registrations, licenses and/or permits; 2) Guideline procedures for applicants in order to facilitate the application process and ensure administrative efficiency; 3) Standard Terms and Conditions that may be set for registrations/licenses/permits pertaining to captive animals, and the minimum standard that an applicant may need to demonstrate ability to meet to obtain such authorisations. Note: It is the responsibility of applicants and holders of authorisations (permits/licences/registration) to familiarise themselves with all applicable legislation, and Ezemvelo cannot be held responsible for any omissions in this document. Furthermore, the existence of these Standard Terms and Conditions does not preclude the setting of additional conditions for specific authorisations where necessary.

3 CONTENTS SECTION A: Page EXPLANATORY INFORMATION & PROCEDURES...1 How to obtain an application form...1 Animal species and uses requiring permits...1 Legislation...1 Standard Terms and Conditions... 2 Registration and permits for large facilities... 2 Taxa or specific activity permit conditions... 3 Scientific use and research... 3 s for private keeping of animals... 3 Specialist associations... 4 Falconry... 4 Crocodile farming...4 Temporary keeping away from facilities...4 Import, export, sale, alienation...5 Quarantine...5 Breeding...5 Deaths...5 Process to follow to apply for a permit... 5 Checking with affected parties... 6 Omissions of required information... 6 Official inspections... 6 Decisions to grant, qualify or refusal... 6 Cancellation, amendment...7 Appealing a decision... 7 DEFINITIONS...8 ACRONYMS & ABBREVIATIONS...10 SECTION B: STANDARD TERMS AND CONDITIONS, including...11 PART 1 : General conditions for keeping animals in captivity...12 PART 2 : Particular conditions for types of facilities or uses of animals...18 PART 3 : Specific conditions pertaining to taxa or species...23 TABLE 1 : Species Enclosure specifications and Social Requirements...26 ANNEXURES Annexure 1: Animals and Activities Annexure 2: Area thresholds - size below which animals are in captivity Annexure 3: Legislation and Norms and Standards Annexure 4: Application form Annexure 5: Identification Methods Annexure 6: Management Plan

4 SECTION A EXPLANATORY INFORMATION AND PROCEDURES FOR APPLICANTS FOR KEEPING ANIMALS IN CAPTIVITY HOW TO OBTAIN AN APPLICATION FORM 1. Application forms may be obtained from Ezemvelo KwaZulu-Natal Wildlife (s Office at Head Office, a Conservation Officer or the website which is authorised to receive the application for submission to the Premier, the MEC, the Board, the CEO or the duly appointed officer authorised by the Board (the authorised authority) (Annexure 4). 2. This Application Form only applies if you intend to keep live animals in captivity or if you wish to alienate (sell, exchange, purchase, trade), breed, exhibit, display, import/export, transport or release such captive animals (these are the restricted activities for which permits are required). 3. The submission of a completed application form does not necessarily mean that a permit will be issued. ANIMAL SPECIES AND USES REQUIRING AUTHORISATIONS 4. Animals and restricted activities respectively mean the game, mammals, wild birds, protected indigenous reptiles, amphibians, invertebrates and listed threatened or protected species, and the activities, described in Annexure 1 (for some taxa this includes both indigenous and exotic species).this Annexure will be revised accordingly as new legislation or nomenclature becomes applicable. LEGISLATION 5. Registration, licences and/or permits are required for keeping in captivity and related activities, only for such animals listed in Annexure 1. a. "licenses" means an authorisation issued in terms of the Natal Conservation Ordinance, applicable to birds and game; b. "permits" means an authorisation issued by Ezemvelo for the keeping in captivity of ToPs species, mammals, reptiles and amphibians and game; c. "registrations" means an authorisation for the establishment and operation of a captive facility; 6. These documents apply only to wild species of animals and do not apply to any recognised domestic animals. Authorisations for keeping in captivity of wild animal species are only needed for those listed in Annexure 1, and other species do not require authorisations. 7. Captivity is a situation where an animal is kept in custody, constrained, controlled or dependent on humans, or where animals are contained in a cage, enclosure, boma or fenced land that is too small for them to sustain themselves independently as indicated in Annexure 2, where the fencing is not porous to that species. This Annexure may be updated when new information becomes available. 8. Animals are considered to be dependent on humans, where they: a. Require supplemental feeding, or if they have access to irrigated lands, i.e. animals must be within carrying capacity without the irrigation b. Require supplementary water 9. You should be aware of the legislation listed in Annexure 3. Issuance of a permit by Ezemvelo does not exempt you from other legislative requirements. Page 1

5 10. The guidelines for Procedures and Application Form provided here cater for the requirements of both KwaZulu-Natal provincial legislation (Ordinance) as well as national legislation (NEMBA and ToPS regulations). Once you have completed the Application Form Ezemvelo will be in a position to advise you as to which provincial and national authorisations you require, and wherever possible if the application is approved, will issue integrated permits to streamline the process. 11. Every application must demonstrate the Applicant s ability to comply with the Standard Terms and Conditions for the species and use applied for (including those contained in the associated Tables) (SECTION B). STANDARD TERMS AND CONDITIONS 12. The Standard Terms and Conditions contained in SECTION B apply to all the activities and listed species, unless some provisions have been excluded or varied in the permit issued. If you have good reason not to comply with any of the terms or conditions, or where you require time to attain the standard, you must identity the terms and conditions which should not apply to your application and comprehensively motivate your request for variation. 13. Conditions additional to those set out in these Standard Terms and Conditions may be set for registrations, permits and licences in particular instances on a case by case basis where deemed necessary. 14. The applicant (whether an individual/company/partnership or closed corporation) as approved, will be responsible for compliance with the terms and conditions of any registration/license or permit issued. REGISTRATION AND PERMITS FOR FACILITIES 15. Where you wish to display, breed, sell or trade in animals or keep large collections of animals in captivity, you may be required to first register as a specific type of Captive Facility, before you can receive a permit or license. Note that if you are applying to import, trade or keep in captivity a few animals for non-commercial purposes, outside of the ambient of the facilities listed below in 15, and do not intend to conduct any restricted activities (e.g. display to the public, breeding or sale), you would not normally need to apply to register yourself as a captive facility (see points 24 and 25 below). 16. The types of facilities that you can apply for are limited to the following: a. Exhibition Facilities b. Scientific Institutions c. Sanctuaries d. Rehabilitation Centres e. Captive Breeding Facility f. Aviary g. Zoo h. Game Park i. Wildlife Trader j. Quarantine 17. A Game Park is a facility where game are kept captive for display to the public (i.e. enclosed in areas smaller than can sustain the animals naturally - see Annexure 2), and is distinct from a Commercial Game Reserve/Game Farm where game animals are held on land greater than 400ha. Approval from the Ezemvelo Board for Game to be held in enclosures less than 20ha in a Game Park is required. 18. If a person/organisation keeps animals only temporarily for short periods, less than 30 days, in captivity for sale/trade, and is not engaged in any other restricted activities (such as long-term keeping in captivity and breeding) a permit is required for keeping in captivity/possession and trade/sale, and registration as a Wildlife Trader for listed ToPS species. This would apply to pet-shops and other traders. 19. Definitions for these types of facilities (listed in Point 15 above), and the activities that may occur at them are provided in the Definitions section. In some cases it is possible to register your operation as more than one type of facility. Page 2

6 20. If you are a first time applicant you must complete all relevant sections of the application form. 21. If you have already been registered and allocated a unique applicant number, you only have to complete the section relevant to your application and any other particulars which may have changed since registration. 22. Your application for registration of a facility should be accompanied by a Management Plan for the facility, completed in accordance with the format in Annexure 6, where this is required by legislation or applicable Norms and Standards. 23. Unless otherwise stated, registration of your facility will be valid for 36 months from the date of issue. 24. In addition to registration, a permit/license is required before animals may be kept at the facility (which will specify the number of each species that may be kept in captivity, the applicable standard terms and conditions and any other requirements). It is your responsibility to apply for renewal at least 30 days before expiry of this permit. 25. The holder of a registered facility shall comply with an approved Management Plan (where required), unless any variation or non-compliance is authorised in writing by the Local Conservation Officer. (Individuals who keep small collections of animals for non-commercial purposes do not normally require a management plan). TAXA OR ACTIVITY SPECIFIC CONDITIONS 26. Taxa or activity specific conditions may apply, in addition to general Standard Terms and Conditions, as indicated in SECTION B. In particular tailor-made permit conditions apply for some species and activities where there are specialised requirements or where there is an organised association or special interest group (for example for falconry, scientific, crocodile farming, conservation breeding working groups and some hobbyist groups) recognised by the Board. SCIENTIFIC USE AND RESEARCH 27. If you intend to conduct research on a captive animal or use it for a scientific study, you must apply to become registered as a Scientific Facility. To qualify to be registered as a Scientific Facility you must have the formal support and oversight of an official tertiary research institution recognised by the National Research Foundation (such as a University) and must attach written confirmation of this relationship. 28. All authorisations for use of captive animals for scientific purposes will require pre-approval by a duly appointed Animal Ethics Committee of an official tertiary research institution, and such approval must be submitted with the application for keeping the animals and the activities being applied for. 29. In addition to general conditions, particular permit conditions relevant to scientific use may be applicable as set out in SECTION B PERMITS FOR NON-COMMERCIAL KEEPING OF SMALL COLLECTIONS OF ANIMALS 30. If you are applying in your individual capacity to import or keep in captivity a few (5 or less) animals at your private home and do not intend to conduct any restricted activities (e.g. display to the public, breeding or sale/trade), you would not normally need to apply to register yourself as a captive facility or to complete a management plan, but do require a a permit. 31. For non-commercial (private) keeping of a few animals you need to complete only the parts relevant to permits (not registration) as indicated in Part A1 of the Application Form, and will need to comply only with the permit conditions set out for small animal collections in SECTION B. 32. Unless waiver or exemption has been granted all the general conditions and relevant taxa/species specific conditions set out in SECTION B must be met by the holder of the permit / licence. Applicants should motivate for waiver or exemption on application, explaining particular circumstances and reasons. Page 3

7 SPECIALIST ASSOCIATIONS 33. Associations or organisations with a duly adopted and approved Constitution may apply for recognition by the Board of Ezemvelo as a Specialist Association, as described in the Definitions Section below, provided that such associations demonstrate implementation of standards amongst their members equivalent to those inherent in the conditions set out in SECTION B. 34. Recognised Specialist Associations may apply, on behalf of its members, for a waiver or variation of any of the terms and conditions. These may be granted on the basis that any such exemptions or variations will operate for the benefit of paid up and registered members of such associations or organisations, and that the association/organisation will take effective measures to ensure compliance by its members with the exemptions or variations approved in favour of the association/organisation. (Examples of associations that may qualify are PAAZAB, falconry associations and bat/bird interest groups). FALCONRY 35. If you intend to use a bird for falconry, you may apply as a member of a registered duly constituted Specialist Association. If you are in good standing as a member of such an organisation, you will then be afforded the waivers or variations granted to your Association with regard to registration and permit terms and conditions. This will streamline your application process and the administration of your permit. 36. The use of wild caught "passage birds", i.e. under a year old, may be permitted for the use of Falconry on special motivation. Specialist Associations may apply for such but will be required to demonstrate that a process to manage the release of such birds back into the wild within 2 years is in place. 37. Only A-grade Falconers will be allowed to make use of exotic birds for Falconry, and all such birds will require approved telemetry tracking devices. 38. Removal of eggs from the wild for falconry requires a separate permit, unless it is within the conditions approved for a Specialist Association of which the falconer is a member. CROCODILE FARMING 39. If you intend to conduct crocodile farming, you may apply for exemption of the general standard terms and conditions for registration and permit for facilities, provided that you are comply with the requirements of SANS (2008), and meet the specific permit and registration requirements for crocodile farming in SECTION B. TEMPORARY KEEPING AWAY FROM PERMANENT FACILITY 40. A separate application must be made for every specific instance where an animal is to be temporarily transported and held in captivity away from a registered/licensed/permitted facility, unless the animal is removed for veterinary treatment. An annual permit may be granted, on motivation (e.g. falconers and school education). 41. In the event of display, exhibition or use of any animal in captivity at premises other than permanent premises of an authorised facility, a transport and temporary captivity permit is required. A permit must be applied for in respect of individually identified animals for a specified period identifying the approximate dates and locations of anticipated display, exhibition or use, and reasons therefore. In the event of temporary captivity at such other locations or facilities, the animals shall be kept in enclosures complying with the specifications reflected on the permit. An annual permit may be granted, on motivation (e.g. falconers and school education). Page 4

8 IMPORT, EXPORT, SALE, AQUIRE, ALIENATION 42. Where a registration/permit/license holder wishes to purchase, import (into KwaZulu-Natal) or acquire or sell, export (out of KwaZulu-Natal) or dispose of any animals permanently to or from a registered facility, separate application must be made. 43. Notwithstanding the provisions of clauses (above), and in the event of urgency, the relevant area Conservation Officer may, on full disclosure of the required information demonstrating that this is in the interests of the animal's welfare, temporarily grant written permission for any of these activities, for species already permitted, on condition that the written application with prescribed fees is received within 48 hours thereafter. QUARANTINE 44. If animals are imported into the country, quarantine requirements specified in the Animal Diseases Act 25 of 1984 must be met. A permit must be obtained from the Relevant Authority, via the State Veterinarian. 45. The authorisation obtained from the Relevant Authority does not replace the need to have import permits and authorisations to keep in captivity in the province from Ezemvelo, before they are brought into the province. 46. In the event that animals are brought into the country via another province, where they may have been kept temporarily or quarantined, an import permit to move the animals to KwaZulu- Natal is required. 47. In the event that animals are brought into KwaZulu-Natal temporarily in transit to another province or country, an import permit and keep in captivity permit is required for them to be in the province at any time and location. In the case of animals in transit through the province or to a listed point of exit (Harbour, Airport) no such permits shall be required if such transit is less than 48hrs. 48. Quarantine facilities are in-transit facilities for the temporary housing of animals, and may not be utilised for the long-term keeping of animals in captivity. They are thus not a final destination, and every animal that is held there must have a pre-approved destination to which it will be transferred after the quarantine period. BREEDING 49. The breeding of animals in captivity requires that a Breeding Plan must be approved, including each species to be bred, unless it is part of an approved research project. 50. Incidental breeding may be exempted from the requirement of an approved Breeding Plan, if the approved capacity on the licence or permit is not exceeded. In such cases applicants should motivate for such exemption. DEATHS 51. Where specified as a requirement for the species as a condition of the permit/license, or where any animal is required to be micro-chipped in terms of legislations (e,g, elephants), the Conservation Officer must be informed within 24 hours (and before disposal of the remains) of the death of any animal. PROCESS TO FOLLOW TO APPLY FOR A PERMIT 52. Applications must be made by completing the relevant sections on the Application Form (Annexure 4). 53. If you are a first time applicant you must complete all relevant sections of the application form. 54. If you have already been registered and allocated a unique applicant number number, you only have to complete the section relevant to your application and any other particulars which may have changed since registration. 55. The completed Application Form must be accompanied by the prescribed fees or proof of payment thereof, which are available from Ezemvelo. Page 5

9 56. Unless earlier written extension has been granted by the authorised authority, all other applications for registration, licences/permits must be made before the intended commencement date of the activity in respect of which application is made and, in any event, no later than 30 DAYS before expiry of an existing registration, licence or permit. 57. An annual return may be required to be submitted each year prior to the renewal of a permit/licence indicating how many animals of each species (in the different age categories) have been kept that year, the sexes of these animals, the number of births and deaths, and how many animals have been acquired or transferred 58. For any activity for which no previous authorisation for the species has been issued, the activity in respect of which written application is made may not be commenced with until the relevant registration, licence or permit has been issued and received by the applicant. 59. In the event of the Applicant not being the owner of the property in respect of which application is made for registration, licence or permit, written approval from the owner of the property is required with submission of the application. CHECKING WITH AFFECTED PARTIES 60. If the registration, issue of the permit or licence sought, is to the knowledge of the Applicant likely to prejudice the rights of another person, such person must be given written notice of the nature of the application and a description of the property in respect of which it is made, at least 15 working days before submission of the application, and proof of such notice (by written acknowledgment or issue by registered post) is required with the application. OMISSIONS OF REQUIRED INFORMATION 61. On receipt of an application, the Local Conservation Officer shall inform the Applicant in writing within 14 working days of any omissions and advise the Applicant of any additional information, a risk assessment, expert evidence or supporting documentation required. 62. In such event the Applicant shall be afforded 14 working days from the date of notification to cure the omissions and/or furnish the information, risk assessment or documentation required, failing which the application shall be considered to be withdrawn. OFFICIAL INSPECTIONS 63. Before registration or issue of any licence or permit, an inspection of the proposed facility and/or property may be conducted by officials duly appointed by the Board. During the inspection the Applicant will be required to allow the officials access to the entire premises and to all animals in captivity on the property. During the inspection of the property, the animals and the facilities may be recorded by photographic means by such officials for official purposes. Such inspections may take place at any reasonable time. 64. Within 14 DAYS of the inspection, the inspection officials will issue an inspection report, reflecting a description of the property, facilities and animals observed, the extent of compliance with relevant requirements, the extent of any non-compliance with relevant requirements, any recommendations on non-compliance, a recommendation to grant or refuse the application (including any recommended terms and conditions) and the reasons for the recommendations. 65. A copy of the inspection report will be made available to the Applicant with opportunity to respond, in writing, within 14 DAYS of receipt thereof DECISION TO GRANT, QUALIFY OR REFUSAL 66. Thereafter the authorised authority with the power to grant or refuse the relevant registration, licence or permit (or to determine its terms and conditions) will consider the application and the Applicant s written response, if any, and grant or refuse the application or make any other decision authorised by law and, in the event of it being granted, may include any reasonable and necessary conditions or terms relating to the registration, licence or permit sought. 67. If the decision is to refuse registration or the issue of a licence or permit, or if it is qualified, the authorised authority will within 10 DAYS of the decision, issue the Applicant with written reasons for such refusal or qualification. Page 6

10 68. Registration or issue of a licence or permit may be refused or qualified where the application is not properly completed and timeously submitted, where the application is not accompanied by the prescribed licence, registration or permit fees or valid receipt, where the Applicant fails to demonstrate the ability to comply with the relevant Standard Terms and Conditions or any other relevant statutory requirements, where the Applicant has previously failed to comply with the terms or conditions of any similar registration, permit or licence issued or where any other valid and good reason exists for the application to be refused or qualified. CANCELLATION, AMENDMENT 69. Any registration, licence or permit granted or approved, may be amended, qualified, cancelled or withdrawn for any good reason if the Applicant or holder fails to comply with the applicable standard terms and conditions or any applicable statutory requirements, or if false information was provided in the application. 70. On adoption or issue of provincial or national norms/standards, or adoption of revised versions of the Standard Terms of Conditions set out in SECTION B renewal of permits/licences and registrations will be subject to such. 71. Before cancellation, amendment, qualification or withdrawal of registration, licence or permit, written notice shall be given to the Applicant or the holder of the registration, licence or permit, affording the Applicant 30 DAYS or such longer period as may reasonably be required, within which to comply with the relevant terms, conditions or requirements or to make written representations why the registration, licence or permit should not be amended, qualified, cancelled or withdrawn for failure to do so. 72. The prescribed fees paid on application for the registration/licence/ permit shall not be refunded in the event of its refusal, withdrawal or cancellation. APPEALING A DECISION 73. In the event of the Applicant being aggrieved by the decision of the authorised authority, the Applicant may timeously pursue any rights of appeal or review as contemplated in Sections 89, 107 and 122 of Natal Nature Conservation Ordinance 15 of 1974, Section 94 of the National Environmental Management : Biodiversity Act 2004, Regulation 55 of the Threatened or Protected Species Regulations and Section 6 of the Promotion of Administrative Justice Act, Page 7

11 DEFINITIONS activities means those activities regulated in NEMBA or the Ordinance, as summarised in Annexure 1. animal means the game, mammals, wild birds, protected indigenous reptiles, amphibians, invertebrates and listed threatened or protected species described in Annexure 1, or products thereof. "alienation" means the export, import, transfer, selling or otherwise trading in, buying, receiving, giving, donating, or accepting as a gift, or in any way acquiring or disposing of any animal; "Animal Ethics Committee" means a Committee established by a research institution to assess the welfare and ethical considerations of proposed use of animals in research. authorised authority means the authority mandated with the regulation of a restricted activity for use or keeping of animals in captivity, as provided for in NEMBA and the Ordinance, and any regulations thereto. breed means any situation where listed animals in captivity are allowed to reproduce, including - a) controlled breeding means breeding to maintain viable ex situ meta-populations and does not include commercial or conservation breeding, and for welfare of the adults b) conservation breeding means breeding of threatened species for the sole purpose of conservation according to an approved Biodiversity Management Plan as described in NEMBA, c) commercial breeding means breeding for the purpose of trade, d) breeding pursuant to an approved research project, endorsed by an Animal Ethics Committee "Breeding Plan" means a plan detailing, inter alia, the source of breeding stock, numbers of animals of the species to be bred, the type and purpose of the breeding, measures to ensure that inbreeding and hybridisation does not occur, destination of progeny, breeding protocols and methods, available housing facility and appropriate specifications; captivity or keep in captivity means any situation an animal is kept in custody, transported, constrained, controlled, tamed, pinioned, restrained, is dependent on direct human routine intervention for food, water and/or shelter; or the animal is contained in a cage, enclosure, or prevented from leaving any fenced piece of land that is smaller than the area of suitable habitat to sustain that species naturally (as indicated in Annexure 2); captive animal means any animal that is kept in captivity; Captive Facility means a facility where animals are kept in captivity, rehabilitated, displayed, bred, sold or traded. "Captive Breeding Facility" means a facility where animals are allowed to breed; capture means to catch or immobilise an animal by any means whatsoever. "Conservation Officer" means any person appointed by the Ezemvelo Board as such. A "Local Conservation Officer" means the Conservation Officer responsible for the area within which the applicant resides or the facility is located. "Crocodile farming" means keeping crocodiles in captivity primarily for commercial trade and sale of the animals, and is conducted at a registered captive breeding facility display means allowing public viewing of or the deliberate exhibition of a species, whether for commercial gain or not. domestic animal means an animal whose characteristics have been manipulated or directed through humaninduced selective breeding over many successive generations and/or hybridization, resulting in populations of animals or species that are significantly genetically different from their remote ancestors and that are usually tamed (e.g. domestic cats, dogs, hamsters), and does not include species that occur naturally in the wild; Page 8

12 exhibit means allowing public viewing of or the deliberate exhibition or display of a species Exhibition Facility means any zoo, aquarium, conservation awareness centre, game park, or travelling exhibition where animals are displayed, and includes a commercial exhibition centre which is registered in terms of TOPS. The primary scope is the exhibition of live animals and not trade in such animals and their products. "exotic animal" means any animal belonging to a species that is not indigenous to South Africa or Namibia, and excludes domestic species; export means to take or transfer an animal out of the province or the country; Game Farm or Commercial Game Reserve means any privately owned land on which game is propagated, kept or maintained in an area greater than 400 ha, unless Board approved, and where animals are not kept in captivity, but are able to move, feed, interact and sustain themselves freely within the confines of the property. Game Park means any area or privately owned land on which game are propagated, kept or maintained in enclosures where they are intended to be on display to the general public whether or not any charge is levied for admission to such place, but shall not include any zoo; import means to bring an animal into the Province, including in transit to elsewhere in the country unless if present in the province for less than 48 hours indigenous animal means an animal of an indigenous species; indigenous species means a species that occurs or has historically occurred naturally in a free state in nature within the borders of South Africa or Namibia, and excludes domestic species; in the wild means living not in captivity, nor kept tame or domesticated; pet means an animal kept in a household for companionship and amusement; "Quarantine Facility" means a DAFF-registered facility for the separate temporary accommodation and isolation of animals or groups of animals in a manner such as to prohibit physical contact, prevent disease transmission and avoid aerosol and drainage contamination, where the animals are under the supervision of a veterinarian; Rehabilitation Facility means a registered facility for the temporary keeping of animals for treatment and recovery, rearing purposes in the case of young orphaned specimens with the sole purpose of release into the wild; research or scientific purposes means a study undertaken by a scientific facility "restricted activities" means all the activities listed in Annexure 1 for which authorisation is required in terms of the Ordinance, as well as the restricted activities contained in NEMBA for listed ToPS species Sanctuary Facility means a registered, non-profit facility in which a permanent home is provided in a captive environment for the sole purpose of protecting and caring for animals that cannot successfully survive in the wild, but where quality of life can be provided in a secure enriched environment; Scientific Facility registered scientific/research unit or research centre where animals are kept for bone fide research or scientific purposes, or a facility that is formally operating in collaboration with and under the auspices of a scientific tertiary institution; "Specialist Facility means the registered facility of a Specialist Individual, or a member of a Specialist Association, that exists to foster interest in biodiversity conservation and to allow private individuals to contribute to conservation awareness and breeding, and does not function for the commercial use of animals; "Specialist Association" means a recognised organization serving the interests of conservation and protection of selected species and does not function for the commercial use of animals; trade includes the alienation, importation and exportation of any animal; Page 9

13 Translocation Facility is a Centre for the short-term holding of indigenous animals for the purpose of transport, translocation or quarantine; wild animal means an animal of a species that has naturally occurring populations living wild in original habitat or in contemporary times, whether alien or indigenous to South Africa, and excludes all domestic animals; wildlife trader is a person who trades, sells or exchanges animals for profit or commercial gain; Zoo means any zoological garden or permanently sited like place, where any indigenous mammals or exotic mammals are on display to and can be seen by members of the general public, whether or not any charge is levied for admission to such place. The primary scope is the exhibition of live animals and not trade in such animals and their products. ACRONYMS AND ABBREVIATIONS CEO DAFF Ezemvelo MEC Chief Executive Officer of Ezemvelo Department of Agriculture Fisheries and Forestry Natal Nature Conservation Service, trading as Ezemvelo KZN Wildlife Provincial Minister of Agriculture and Environment NEMBA National Environmental Management: Biodiversity Act 10 of 2004 ToPS SANS Threatened or Protected Species Regulations of NEMBA South African National Standard, set by the South African Bureau of Standards SAVA SOP South African Veterinary Association Standard Operating Procedure Page 10

14 SECTION B STANDARD TERMS AND CONDITIONS FOR KEEPING ANIMALS IN CAPTIVITY These standard terms and conditions include GENERAL CONDITIONS that would apply to all cases of keeping animals in captivity, as well as PARTICULAR and/or ADDITIONAL CONDITIONS that are applicable to different types of facilities and uses of animals in captivity, and to different taxa and species. Unless specific waiver / exemption is granted to a permit holder for any GENERAL CONDITIONS (he/she having motivated for such exemption on application) all of the general permit conditions would apply to all cases of keeping animals in captivity. The GENERAL CONDITIONS are set out in PART 1 below. PARTICULAR and/or ADDITIONAL CONDITIONS apply to the following types of facilities and / uses of animals in captivity, and individual taxa (species or groups of species. These particular and/or additional conditions are set out in PART 2 and PART 3. Types of Facilities / Uses (PART 2) Rehabilitation Facility Sanctuary Scientific facilities & use of animals Exhibition Centres / Zoos / Aquaria Falconry Quarantine Crocodile farming Non-Commercial (Private) keeping of small collections Wildlife Trader (pet shops, etc) Individual Taxa (PART 3) Elephants Primates Birds Crocodiles 11 P a g e

15 PART 1 GENERAL CONDITIONS FOR KEEPING ANIMALS IN CAPTIVITY Unless specific waiver / exemption is granted to a permit holder for any General Conditions (he/she having motivated for such exemption on application) all of the following general permit conditions would apply to all cases of keeping animals in captivity. Administrative compliance 1. This registration/licence/permit is not transferable. 2. Unless expressly waived or qualified in the registration, licence or permit, the registration, licence or permit holder (hereinafter referred to as the Holder ) shall comply with all general and applicable specific terms and conditions contained herein and all relevant statutory provisions. 3. In these Standard Terms and Conditions the term animal includes mammals, game, birds, reptiles, amphibians and invertebrates, described in Annexure 1 4. In the event of it becoming impossible for the holder to comply with the terms and conditions as a result of circumstances entirely beyond the control of the holder, the Local Conservation Officer shall immediately be informed of the nature and extent of such impossibility and the circumstances responsible therefore, and the holder shall immediately take all reasonable steps necessary to regain compliance. 5. Any animals kept in captivity without authority, in a poor state of health, showing signs of chronic stress, distress or self-damaging stereotypic behaviour, or held in contravention of the terms and conditions may, on good cause shown, be seized and confiscated by a Conservation Officer, after reasonable notice and opportunity to make representations had been given to the Holder and following his failure to remove the cause of complaint. Capacity number of animals 6. No animals in excess of those approved in the registration/licence/permit may be kept, unless authorised in writing by the Authorised Authority on disclosure of special circumstances or authorised in terms of an approved Breeding Plan. Identification of animals 7. Within 30 days of the granting of this registration/licence/permit the animals of species for which such is required shall be identified by the means of identification specified in Annexure 5, or other means approved by the Authorised Authority. Record-keeping 8. At all times the holder of an permit/licence shall maintain an up to date hard copy Animal Record Book or an approved electronic data base with independent back-up data, containing at least the following information: a. the total number of animals of each species in the collection specifying the number of males and females (where possible), and of adults and juveniles. b. in respect of each animal (except in the case where animals are managed in large groups and flocks) - i. Purpose of keeping in captivity (display/sanctuary, etc) ii. date or season and year of birth, where known; iii. sex, if possible; iv. origin - captive born or wild v. source (if not born on the premises of the permit holder provide the permit number authorising 12 P a g e

16 acquisition); vi. form, location, nature and number of identification; vii. health history, including details of any disease, injury and treatment rendered; viii. reproductive status; ix. particulars of parentage and off-spring; x. the date and nature of each veterinary examination and treatment; xi. date, nature and destination of disposal or alienation; xii. date of death; xiii. cause of death and results of post mortem examination, if any; xiv. means of disposal of remains. xv. Food consumption and diets c. in respect of each enclosure for animals managed in large groups and flocks - i. Purpose of keeping in captivity (display/sanctuary, etc) ii. Number of individuals of each species in the collection iii. origin - captive born or wild iv. source (if not born on the premises of the permit holder provide the permit number authorising acquisition); v. form, location, nature and number of identification; vi. health history, including details of any disease, injury and treatment rendered; vii. birth records viii. the date and nature of each veterinary examination and treatment; ix. date, nature and destination of disposal or alienation; x. date of deaths of any individuals; xi. cause of death and results of post mortem examination, if any; xii. means of disposal of remains. 9. The Conservation Officer shall, at all reasonable times, be given access to the Animal Record Book referred to herein. 10. An annual return must be submitted each year prior to the renewal of a permit/licence indicating how many animals of each species (in the different age categories) have been kept that year, the sexes of these animals, the number of births and deaths, and how many animals of each species have been acquired or transferred or alienated. 11. At all times the holder of an approved Captive Facility shall - a. maintain an up to date to scale layout plan of the facility showing the position of every enclosure and its number, and the species and number of animals housed therein (or in the case of exhibits housing flocks or shoals, the most recent exhibit inventory should be available); b. have available to produce to the Conservation Officer, a map giving an indication of the location and routes to each of the enclosures, and indicate the species of animals held in each enclosure (or this information may be provided on a corresponding list of numbered enclosures). c. display at every enclosure in which an animal is kept in captivity a number identifying the enclosure, consistent with that in the Animal Record Book. 12. For enclosures at a Captive Facility in which animals are on display to the public, the holder shall display the particulars of the animal(s) therein, including at least the common and scientific name of each species, and information on the ecology / behaviour and distribution for the common or prominent individuals in these exhibits should be appropriately labelled. Facility management 13. The holder of a facility where animals are kept in captivity shall be required at all times to have or engage a manager or managers with adequate training, experience and knowledge of the natural habitat, behaviour, biology, food and health requirements of every species at the existing or contemplated facility. 14. The holder shall comply with an approved management plan (where required), unless any variation or noncompliance is authorised in writing by the Local Conservation Officer. Basic care and husbandry 15. All animals must at all times have sufficient, clean and palatable drinking water in adequate quantity supplied in a manner as consistent as is reasonably possible with the species natural drinking behaviour or other appropriate species-specific means of hydration. 13 P a g e

17 16. All animals must be provided with a diet of sufficient fresh species-suitable food, in sufficient quantities, supplied in a manner reasonably consistent with the species natural feeding behaviour. Appropriate dietary supplements (vitamins, grit, etc) should be provided as required for the species, especially if animals are held indoors for extended periods. 17. Enclosures must be kept clean, and unpalatable food removed timeously. 18. Every facility where animals are kept in captivity shall include a properly constructed food preparation area and areas with adequate storage and cold-room facilities, and at all times be maintained in a hygienic condition, and must be separate from human food storage and preparation. 19. Every animal shall at all times be provided with adequate protection and shelter from the elements (heat, cold, rain, hail, sun, wind) and a safe haven or retreat in which to rest and feel secure, which is always accessible. 20. An active and dynamic environmental enrichment programme, appropriate for the behaviour and natural history of the species, must be implemented for every animal. 21. No animal in captivity shall be subjected to physical punishment, restraint by means of chains or ropes or like means, water - food - or sleep deprivation, instrumental use of electricity, objects used to hit, pinch, poke, prod or physically coerce, or any means which may result in pain, discomfort, stress, anxiety, depression or a poor state of health, and no animal shall be made to behave in an unnatural manner or in a manner which causes pain, discomfort, stress, anxiety, depression or which may place the animal s health at risk. 22. Physical, chemical or other methods of immobilisation or restraint of animals may only occur for veterinary and transport reasons, and may only be done according to standard veterinary practice, or by means approved for that species/taxa (as specified in taxa specific conditions below) 23. Unless authorised in writing by the Local Conservation Officer, for good reason for the welfare and safety of the animal or to prevent breeding, no animals may be, or may have been, subjected to chemical administration or permanent physical mutilation for behavioural manipulation. 24. Enclosures and furnishings must provide a safe environment for the animals enclosed therein, in keeping with the nature of the species, and shall be maintained in a condition and manner that presents no likelihood of harm to the animals contained therein. Every effort should be expended to ensure that no animals are exposed to disturbing noises, rubble, sharp objects, broken fences, dangerous protrusions, toxic chemicals or any other objects, substance or material which could harm them. Social needs 25. No animal identified as social in Table 1 of these Standard terms and Conditions may be kept in captivity alone, except where the separation is needed to ensure the safety or welfare of the animal or other animals at the facility, on the written recommendation of a veterinarian or if done in terms of an approved Management Plan. In the event of any animal being separated or isolated, the holder shall inform the Local Conservation Officer within 5 days of the circumstances of separation or isolation, and in the event of separation/isolation exceeding 1 month written approval must be obtained from the Local Conservation Officer. 26. Incompatible species shall not be housed or kept together nor shall any species in captivity be kept together or next to another species where such proximity may result in stress or anxiety of either species. 27. Alien animals shall not be held in the same enclosure as indigenous animals, and species that may hybridize must be kept separate. Enclosure sizes and design 28. All enclosures housing animals shall be constructed and furnished to ensure the well-being and enrichment of each animal and must comply with the species specifications prescribed in Table 1 of these Standard Terms and Conditions. Except during approved temporary relocation for veterinary treatment or for display, or for veterinary reasons, all animals must be provided with an enclosure providing at least the minimum space and furnishings specified for the long-term keeping of that animal species. 14 P a g e

18 29. Animals may only be restricted to a transport container or trailer whilst in transit between different locations or in preparation for immediate transit (within 3 hours of transport), under authority of a valid transport permit. In the case of animals being moved from one enclosure to another within the boundaries of the facility, such confinement may not exceed three hours. 30. All animals, whether on or off display, (except where it is specified that outdoor enclosures are not mandatory in Table 1 of these Standard terms and Conditions) must have free access to outdoor areas between sunrise and sunset. No animal may be locked indoors or kept in a cage without free access to outdoor areas during this time, except under written instruction by a veterinarian or it is in accordance with the management system approved for legitimate maintenance/management purposes. This does not apply to some reptiles, amphibians and invertebrates. 31. All outdoor enclosures shall at all times provide every animal with a full range of appropriate natural environmental conditions (such as sun, wind, shade and rain), whilst also providing sufficient protection and shelter from the elements. During unusual extreme heat or cold events mitigation measures should be implemented (such as fine spraying water for cooling or heaters). The temperature, ventilation, lighting (both levels and spectral distribution), humidity and noise levels of enclosures shall be suitable for the comfort and wellbeing of the particular species of animal at all times. 32. All night and indoor enclosures must at all times have sufficient species appropriate bedding materials and be kept clean. Night enclosures must be suitably designed and furnished to prevent animals from lying in faeces or urine. Urine soiled bedding, solid waste and faeces must be removed daily from all indoor enclosures, or in the case of large expansive enclosures, from appropriate night rooms or nesting or resting areas. (These requirements do not all apply to some reptiles, amphibians or invertebrates and this will be specified). 33. All night and indoor enclosures must be of sufficient design, material and size to provide adequate shelter for every animal from heat, cold, rain, sun and wind and should allow for all animals to move freely and lie down simultaneously together if they choose. 34. There must at all times be available at the facility enough surplus enclosures sufficient to implement the temporary separation of individual animals on veterinary advice or where this may be required to ensure the health, welfare or well-being of an animal. Veterinary care 35. A sufficiently experienced veterinarian must be consulted regarding treatment and healthcare of animals, and be available to examine, diagnose and treat any animal kept in captivity, if required, and the holder shall record and display in the Animal Record Book, the full names, address and telephone numbers of the veterinarian engaged for these purposes. 36. If in the opinion of a veterinarian appointed by a Conservation Officer, an animal requires veterinary care or treatment, the holder shall, at its cost, obtain the necessary veterinary treatment. 37. The holder of a captive facility shall at all times maintain a separate permanent treatment area/place/room suitable for veterinary, obstetric and nursing care of the animals kept in captivity. 38. In the event of any serious injury, disease or significant display of discomfort reasonably requiring veterinary examination or treatment, such animal shall be examined by a veterinarian within 24 hours of the injury or development of signs or symptoms of illness or discomfort and the veterinarian shall certify in the Animal Record Book the symptoms, the nature of the examination, any diagnosis and the treatment given to the animal. 39. In the event of an animal in captivity having to be euthanased, the euthanasia shall be carried out by a veterinarian or other suitably competent person, appointed by the permit-holder, in a painless, stress-free and humane manner. Mortalities 40. On discovery, dead animals must be removed immediately from the enclosure. 41. In the case of the following species, the Local Conservation Officer shall be informed within 24 hours (and before disposal of the remains) of the death of any animal and such dead animals must be stored in an appropriate manner: (list of species as applicable) 15 P a g e