National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Regulations

Regulations pertaining to threatened or protected terrestrial species and freshwater species, 2023 - effective 1 April 2023

Section A: Provisions relating to Listed Threatened or Protected Species

Chapter 2 : Permit System for Listed Threatened or Protected Species

Part 6 - Requirements relating to elephant ivory, rhinoceros and rhinoceros horn

34. Additional requirements involving live specimens of Diceros bicornis or Ceratotherium simum and rhinoceros horn
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(1)Any live specimen of Diceros bicornis or Ceratotherium simum that is required to be darted after the commencement of these Regulations, and that has not already been marked by means of a microchip or where the inserted microchip is no longer detectable, must be marked by means of a microchip by the relevant issuing authority or a veterinarian, at the expense of the owner of such rhinoceros, with one microchip behind the ear, close to the base of the ear, and one microchip in each of the horns that is 5cm or more in length, or by any other means of identification as approved by the Director-General.

 

(2)In addition to the marking of rhinoceros horn in the manner contemplated in regulation 33(5)(a) of these Regulations, confiscated rhinoceros horn must also be marked by attaching the relevant CAS number by means of indelible ink, to such confiscated horn.

 

(3)Samples for genotyping must be collected in the following circumstances:
(a)a horn and cellular sample, such as blood or a skin sample when a live specimen of Diceros bicornis or Ceratotherium simum is darted for treatment, translocation or any other management purpose;
(b)a sample of rhinoceros horn, when—
(i)an inspection contemplated in regulation 33(4) of these Regulations is conducted; or
(ii)when a specimen of Diceros bicomis or Ceratotherium simum was hunted and the horns have to be marked prior to the conveyance of the hunting trophies to the taxidermist; and
(c)to the extent possible, a horn and a cellular sample of a specimen of Diceros bicomis or Ceratotherium simum that has been killed unlawfully.

 

(4)The samples contemplated in subregulation (3) must be sent to the following facilities as soon as possible after its collection:
(a)a facility registered as a scientific institution in terms of these Regulations and approved by the Director-General,in the case that such genetic profiling relates to diagnostic purposes; or
(b)the Forensic Science Laboratory of the South African Police Service, in the case that such genetic profiling relates to forensic purposes.