This content is exclusively provided by FAO / FAOLEX

Regulations pertaining to threatened or protected terrestrial species and freshwater species (GoN. 3009 of 2023).

Country
Type of law
Regulation
Source

Abstract
These Regulations primarily further regulate the permit system for restricted activities involving listed threatened or protected species under the Biodiversity Act, establishing registration and regulation for various wildlife facilities, governing how specific restricted activities may be carried out or prohibited, and detailing the composition and procedures of the Scientific Authority. They apply to restricted activities involving listed threatened or protected species, including specific rhinoceros subspecies. They must be applied alongside other relevant environmental legislation, with compliance with these regulations not absolving a person from adhering to other applicable laws.
Part 3 of Chapter 2 outlines the process for permit applications for restricted activities involving threatened or protected species, primarily requiring a risk assessment for certain high-risk activities (critically endangered species/ecosystems, or releasing captive-bred specimens into protected areas), with exemptions for specific conservation efforts. The risk assessment report must be comprehensive, covering ecological and activity-specific data, potential risks, and proposed management. Issuing authorities must also identify risk factors for new facilities involving freshwater fish or large predators, and consider numerous factors when evaluating all permit applications, including the species' conservation status, potential impacts, and compliance with other laws.
Chapter 3 outlines the comprehensive process for registering various facilities and operations involved with wildlife, including mandatory registration for captive breeding, rehabilitation, sanctuaries, temporary holding facilities, scientific institutions, commercial exhibition facilities, nurseries, and wildlife translocators, as well as voluntary registration for game farms. It details the application requirements, submission procedures, factors for consideration by issuing authorities, and other related matters.
In particular, the Regulations consistently integrate the CITES convention by explicitly stating that they must be applied alongside the CITES Regulations, particularly concerning the import, export, or re-export of specimens of listed threatened or protected species. Furthermore, the Scientific Authority's role, as detailed in Chapter VII, includes providing recommendations and non-detriment findings (NDFs) in terms of the Biodiversity Act. The Regulations also specify that when considering export permits for rhinoceros hunting trophies, factors like the proper signing of the hunting permit and appropriate marking of the trophy, often aligned with CITES requirements, must be taken into account.
Chapter 9 outlines the duty of care for individuals to prevent damage caused by listed threatened or protected animal species and details the management measures, including relocation or humane killing, that can be taken by authorities or permitted individuals to address such damage.
Date of text
Entry into force notes
These Regulations enter into force on 01 April 2023.
Repealed
No
Source language

English

Legislation Amendment
No