APPENDIX D

RAPTOR CONDITIONS

STANDARD CONDITIONS APPLICABLE TO RAPTORS IN CAPTIVITY

1. All raptors that are kept in captivity must be ringed (with a closed ring bearing a unique number). Tampering with the ring is prohibited.

2. No birds may be bought, sold, donated, received as a donation or swapped without a permit issued beforehand by Cape Nature.

3. Cape Nature discourages trading in indigenous raptors and the keeping of any wild animal in captivity.

4. No research may be conducted on the birds mentioned in this permit without the prior written approval from Cape Nature.

5. Should any of the animals mentioned in the addendum to this permit die, then the holder of this permit shall record the particulars regarding the date, species, number and sex (if possible) of each of the species of such wild animals, that died and the carcasses of such dead animal must be preserved for inspection by Cape Nature (should an inspection be deemed necessary by Cape Nature).

6. A register must be kept (see 2.3 in covering letter) for all animals in captivity (permanent and temporary captivity).

7. Should any of the wild animals in captivity escape you must inform Cape Nature immediately at the nearest regional office (see list attached)

8. Cape Nature reserves the right to conduct inspections or investigations and to withhold or cancel any permits if the permit holder is found guilty of any contravention of the Ordinance or any irregularity.

A) ADDITIONAL CONDITIONS APPLICABLE TO CAPTIVE BREEDING CENTRES

1. Should it be deemed necessary by Cape Nature (in the case of captive breeding), included in the register (see 2.3 in covering letter) would be one feather from each bird, including both parents and progeny. Duplicates of these records with feathers will be lodged with Cape Nature. The purpose of this is to avert disputes regarding the paternity of progeny produced and to facilitate D.N.A. testing. (Note that the retention of feathers is not a requirement at present, but this control mechanism may be instituted at the discretion of Cape Nature).

2. Any hybrids (between species or subspecies) that might be produced through the captive breeding program of raptors naturally occurring in Africa must be disposed of in a manner deemed suitable by Cape Nature.

3. This permit does not authorize the permit holder to keep any animals for rehabilitation/ show/ exhibition/ educational/falconry purposes, or any problem animals.

B) ADDITIONAL CONDITIONS APPLICABLE TO RAPTORS IN TEMPORARY

CAPTIVITY FOR REHABILITATION PURPOSES

1. A register must be kept of the animals, which are brought to you by a member of the public. The register must indicate the following details: all animals (including species and number) captured, or brought in, the date and precise place of capture or when they were brought in and the name and address of any other party involved (i.e. if animals were brought in). This register must be up to date at all times and may be inspected by an officer of Cape Nature at any time. The owner of any privately owned land concerned must give WRITTEN consent allowing the permit holder to enter said property to capture any wild animals and must confirm in this written consent that the animals concerned are in fact problem animals. This written permission must reflect the full name and address of the property owner (or of the person authorised to grant such permission), the full name and address of the person to whom the permission is granted and the number and species of the wild animal(s), the date or dates on which such wild animal(s) may be captured and the land in respect of which permission is granted. Copies of this written permission must be made available to Cape Nature upon request. No collecting of problem animals may be done without this written consent.

2. Before you intend to remove any wild animals, you must inform Cape Nature (see list attached).

3. The permit holder must arrange with the above-mentioned office to release any wild animals beforehand.

4. Only under exceptional circumstances and with the written approval of this office may any collecting take place.

5. Healthy and unharmed wild animals must be released immediately – according to condition No. 3.

6. Injured wild animals may be kept for a maximum period of three months.

7. Problem animals may only be released in places, which have been approved by Cape Nature, in other words, in consultation with your nearest regional office (see list attached). A register must be kept up to date with regard to all problem animals, which are released (including localities) and a detailed map of all localities where problem animals were released must be kept.

8. No animals that have been received may be sold, donated or swapped.

9. Any offspring or eggs, which are laid or bred by the received animals (problem animals), will be regarded as if they originate from the wild and must be released – according to conditions No. 3 + 5.

10. This permit is valid in the Western Cape Province only and must be renewed annually.

11. Separate registers must be kept for the animals received with the problem animal permit (temporary captivity) and the animals in permanent captivity.

12. Animals received with the problem animal permit must be kept separate from any other animals in captivity at all times.

13. Animals received with the problem animal permit may not be swapped or used to replace animals in permanent captivity.

14. Animals received with the problem animal permit and / or any offspring from said animals may not be used as breeding stock.

15. No problem animals received may be used for show purposes.

C) ADDITIONAL CONDITIONS APPLICABLE TO KEEPING RAPTORS IN TEMPORARY CAPTIVITY FOR EXHIBITION/EDUCATION/SHOW PURPOSES

1. This permit is valid in the Western Cape Province only and must be renewed  annually.

2. This permit does not allow the user to use any bird(s) for falconry purposes.

3. The permit is non-transferable, is valid for the permit holder only and only the permit holder may present shows.

4. The applicant must have a valid permit to keep animals in captivity, which he intends to use for show purposes.

5. Only the animals mentioned in this permit may be transported for show purposes.

6. The permit holder will not hold Cape Nature responsible for any incident arising as a result of the exhibition of animals.

7. Adequate care must be taken to ensure the safety of the public during shows.

8.All cages must be adequately sealed to prevent them from being opened by the public, especially children.

9. Cape Nature requests the permit holder to convey a conservation message in the educational program and the keeping of wild animals in captivity should not be encouraged.

10. Written permission must be acquired from the property owner(s) of the property on  which shows are presented.

11. The immediate neighbours adjacent to the property where the wild animals are to be kept must give their written permission for these animals to be kept in captivity by the applicant.

12.The local authority must give written permission for the wild animals to be kept in a residential area.

13. A register must be kept at all times of the animals kept in temporary captivity at each show property (see also condition 12, above). The register must be available for inspection at all times by any District Services Officer of Cape Nature.

14. Separate registers must be kept for animals in temporary captivity and those in permanent captivity. Separate registers must be kept for the birds used for exhibition/show/education and the birds kept for falconry purposes.

15. This permit does not authorize the permit holder to keep any animals for rehabilitation purposes, or any problem animals.

16. Except in the case of reptiles, the permit holder must be in possession of a license in terms of the Performing Animals Protection Act No. 24 of 1935, before any animals are used for shows / exhibitions.

D) ADDITIONAL CONDITIONS APPLICABLE TO KEEPING RAPTORS FOR FALCONRY PURPOSES

1. The permit holder (practicing falconer) must be a registered member of a Falconry club recognised by CapeNature and be of good standing in that club. All Falconry Clubs will be responsible for the co-ordination of its members and the practicing of falconry in the Western Cape Province by its members, according to a strict code of ethics, a proper constitution and must be members of the South African Falconry Association. These clubs will be subject to the provisions of the Nature and Environmental Ordinance, 1974, (Ordinance 19 of 1974), and the regulations framed there under, as enunciated in these conditions.

2. The number of practicing falconers in the Western Cape will be limited to 35, in all clubs, and this number shall be reviewed annually (This condition will not apply to the bona fide use of raptors for control operations, such as at airports or military bases. It is recommended that Defence Force falconers within the Western Cape Province should be registered members of a falconry club, and that the club should, as far as possible, assist with the control of falconry activities within this sphere. Permits issued to Defence Force or Civil Aviation personnel for purposes of control at airports will not form part of the quota allocated to the Falconry Club.)

3. It is expected that clubs and their members shall assist CNC in its attempts to conserve raptor populations by:

Treating and rehabilitating injured or diseased raptors on request, translocating problem raptors from properties where they cause damage, Providing information on illegal falconry-related activities, Providing data on the distribution, status and breeding of raptor species (e.g., fill in nest record cards for all active nests found), Publish/report relevant findings. This should/may only take place with the relevant permits issued therefore, by CNC beforehand.

4. Only the following species are considered appropriate for falconry in the Western Cape Province:

Buteo rufofuscus rufofuscus Jackal Buzzard. Rooiborsjakkalsvoel

Accipiter rufiventris rufiventris Redbreasted Sparrowhawk Rooiborssperwer

Accipiter minullus Little Sparrowhawk Kleinsperwer

Accipiter melanoleucus melanoleucus Black Sparrowhawk Swartsperwer

Accipiter tachiro African Goshawk Afrikaanse sperwer

Micronisus gabar Gabar Goshawk Witkruissperwer

Falco peregrinus minor Peregrine Falcon Swerfvalk

Falco biamarcus biamarcus Lanner Falcon Edelvalk

Falco tinnunculus rupicolis Rock Kestrel Rooivalk

Falco rupicoloides rupicoloides Greater Kestrel Grootrooivalk

Melierax canorus Pale Chanting goshawk Bleeksingvalk

Other species may be allowed but only under exceptional circumstances.

5. An annual written submission stating the maximum number of raptors required shall be submitted to CNC and their consultants by September each year.

6. CNC, their consultants and Club representatives will decide which nest/s should be accessed, when to take the birds, and whether eggs, chicks or passage birds would best fit the need. No nests or birds which are part of an official scientific study or which occur within a wilderness area shall be interfered with. Nests occurring in formally proclaimed conservation areas would require special motivation.

7. Adequate surveying of the nest shall be conducted prior to the take to minimize disturbance of the birds.

8. Nest record cards will be completed.

9. All details of the proposed harvest to be submitted in report form to CNC before any birds are taken.

10. At the discretion of CNC and their consultants, officials may accompany any collecting  operation.

11. Any birds taken will be marked with tamper-proof rings.

12. Raptors brought in for rehabilitation or “problem” birds that are retained for falconry will form part of the annual quota.

13. Monthly reports on the status of the birds, will be submitted to CNC.

14. The disciplinary procedures agreed upon by CNC and the club, as detailed in the Constitution and Rules and Regulations of the club, shall be applied in the event of misconduct in terms of this protocol.

15. The following protocol applies specifically for the trapping of birds for falconry:

Falconry trapping Permits

Permits will be issued by WCNCB specifically for the trapping of falconry birds and may not be used for any other reason. The only exception to this will be the trapping of problem birds for translocation where there is real reason to believe that they will be destroyed if not removed.

Issuing of Permits

The permits will be issued to A or B Grade falconers who receive the recommendation of the club. They will be valid for the period specified therein and it will be the responsibility of the holder to return them to the WCNCB for renewal. In the event of abuse of the permits they will be withdrawn and not reissued. Note that, in terms of the updated Policy for Falconry of WCNCB trapping permits will be incorporated in the Falconry permits for all A and B Grade falconers. The ability to take birds from the wild is a considerable privilege and is not permitted in many countries. Falconers should therefore jealously guard this privilege and make every attempt to ensure adherence to the protocols.

15.3 Eligibility for Trapping Permits

A or B Grade falconers who have assisted with trapping and who have satisfied the committee that they have the required skills and responsibility may request a trapping permit. This request must be in writing and is to be submitted through the club secretary to obtain committee approval prior to submission to Cape Nature.

15.4 Trapping Methods

Only approved trapping methods may be employed.

These would include:

15.4.1 Bal-chatri Trap

15.4.2 Dho Gaza Nets

15.4.3 Pigeon waistcoat

15.4.4 Bow Net

15.4.5 Swedish goshawk trap

15.4.6 Mist net

15.4.7 Removal of chicks or eggs from the nest.

15.5 Trapping Ethics

All permit holders must undertake to behave in an ethical fashion. No trap may be left unattended. When trapping with a pigeon waistcoat a telemetry transmitter must be attached to the pigeon. Any non-target hawk must be released immediately, preferably with a ring if this is feasible.

15.6 Private Land

Any trapping on private land must have the written approval of the landowner. Complaints of trapping without permission will result in withdrawal of the trapping permit.

15.7 Falconers who do not hold a trapping permit

Falconers who do not hold a trapping permit and who wish to take a hawk from the wild must nominate the falconer who will trap for them. This nomination should be in writing to the secretary. More than one trapper may be nominated. Falconers who hold trapping permits must recognize that they have an obligation to assist others to obtain their birds. It is not unreasonable for permit holders to recover their traveling expenses when trapping for other members but they should not otherwise charge for their services.

15.8 Records

Returned permits should record all birds trapped during the course of the year. All trapped birds should be immediately reported to the secretary. Birds trapped and the methods used should be included in the annual report.

15.9 The Law Enforcement Branch of WCNCB

The Law Enforcement Branch of WCNCB (ph 021 – 659 3418 or fax 021 – 659 3415) should be informed beforehand when a member intends to go trapping, either by that member or the club secretary.

16 On the recommendation of each falconry club committee, all graded members of the clubs will be issued with a Falconry Permit by CNC. The Falconry Permit will be valid for the period specified therein and may be rescinded at any time. The permit will be specific to the grade held by the falconer. The following grades for a falconry permit exist:

16.1 Apprentice Falconer Permit. (Grade D)

Permission to keep one raptor, suitable for this grade, for falconry purposes.

Permission to transport the raptor.

Permission to fly the raptor free

Permission to hunt wild animals using a prohibited hunting method. Permission to temporarily export the raptor from the province for a period of not more than 3 months. (Providing that the falconry club has been notified, in writing, of the dates and destination of the temporary export; and that appropriate permission from the province or country of destination has been obtained.)

16.2 Novice Falconer Permit. (Grade C)

As in (16.1) with the addition of: Permission to keep raptors for breeding purposes on the recommendation of the falconry club.

16.3 General Falconer Permit (Grade B)

As in (16.2) with the addition of: Permission to trap a raptor using a prohibited trapping methods and according to the protocols as stipulated in .

16.4 Master Falconer Permit. (Grade A)

As in (16.3) with the addition of: Permission to hold two raptors for falconry purposes. (This excludes rehabilitation and breeding birds.) Special permission must be sought to keep more than 2 hunting birds.

17. Each club will issue all Graded members with a laminated identity card. This card shall be carried in the field to identify them as members of a club in good standing. It will indicate their grading and that they have been issued with a Falconry Permit by CNC.

18. Each falconry club must notify CNC on the change in status of a member. (i.e. change in grading or failure to remain in good standing). Similarly each club will regularly update CNC on the birds held by club members and of any change such as new acquisitions, releases or deaths. This shall be done at least 2 monthly.

19. Unwanted birds may only be disposed of after consultation with the club committee, which will arrange their release or disposal in consultation with CNC.

20. Permit holders may not indiscriminately release raptors that have been used in falconry.

21. The importation of certain exotic raptors (including hybrids) may be allowed. CNC reserves the right to veto any such importation should it be felt that there is a reasonable possibility of the conservation effort being negatively affected. Application for any import/transport/CITES permit must be made timeously and the relevant export permit must be supplied. No import/transport may take place without the relevant permits issued beforehand.

22. Exotic hybrids, whether imported or locally bred, may be required to be human imprinted at the discretion of CNC. No exotic raptor may be put out at hack. Exotics that are imported must be captive bred, closed rung and preferably human imprinted.

23. All CITES regulations must be adhered to where applicable.

24. Locally captive-bred exotics and exotic hybrids, may only be disposed of to suitably qualified falconers. Such exotic raptors should be flown with double transmitters.

25. The permit holder must provide the club with a detailed annual report on each bird held. The report shall comprise of a list of species successfully hunted over the past year, and any other information gathered which may be relevant to the conservation of raptors or quarry species in South Africa, e.g. nest record cards, specimens for museums. The site of ‘collection’ must also be accurately described or a grid reference given (preferably both). Each bird’s ring No. must also be given in the annual report. A full list of birds successfully and unsuccessfully rehabilitated/treated(where applicable), with relevant information, (date and locality of collection, diagnosis, by whom treated, fate i.e. euthenased, died, release not possible, rehabilitated by, ring number, retained for falconry/breeding, date and site of release), must be submitted annually.

26. This information will form part of the annual report submitted by each club to CNC. This should be completed in a suitable format on a pre-prepared form that will be circulated to members.

27. Protected game species, which are declared annually in the hunting proclamations of CNC, may be hunted by falconers, subject to the standard hunting conditions, such as hunting seasons, daily bag limits and written approval of the landowner. (The Annual Hunting Proclamation is available on the CNC website at www.capenature.co.za ).

28. Should non-target species be taken, they must, if feasible be released. If release is not an option, the bird may feed from its prey in the field. Such prey may not be retained by the falconer, record of it must however, appear in the annual report. Similar constraints will apply to protected game taken out of season.

29. It is recognised that falconers kill very small numbers of protected game and that their hawks need to be hunted regularly for a large proportion of the year. The clubs may apply for an “ Out of Season Hunting Permit” each year, by stipulating specific species to be hunted and with the understanding that not more than one kill per hawk, per hunt, be taken out of season and that every effort be made to avoid hunting game populations that are known to be breeding at that time. Such hunting will then be permitted in terms of their “Prohibited Hunting Method Permit”.

30. A Prohibited Hunting Method Permit must be applied for timeously at the CNC Head Office at (021) 659 3418 ph or (021) 659 3415 fax.

31. The clubs and their members shall not give any publicity to their activities without prior consent of CNC. This prohibition includes press, radio and television interviews and releases, public displays, and any form of advertising.

32. The continued legalisation of falconry in the Western Cape Province is dependent on a responsible attitude from all falconers. Permission to practice falconry by the members, or the club/s as a whole, may be suspended if the regulations of CNC or rules and constitution of the club are not complied with.

CHIEF EXECUTIVE OFFICER

CAPENATURE