POLICY & REGULATIONS

FOR FALCONRY

IN THE WESTERN CAPE

PREAMBLE

CAPE NATURE has a legal obligation to prohibit the exploitation of wild animals.  This does not exclude controlled use of such species. Raptor populations are increasingly being threatened by habitat destruction, pesticides and human persecution.  The harvesting of wild raptors for falconry is considered an added risk, and will thus only be allowed under carefully controlled conditions.  However, CAPE NATURE accepts that falconry is a valid sport and a widely accepted method of hunting, provided that, i) wild raptor populations are not negatively accepted, ii) that the controlling function with respect to falconry will not become an excessive administrative burden, iii) and that the final and ultimate control rests with CAPE NATURE.

ESTABLISHMENT OF A FALCONRY CLUB

Falconry clubs will be permitted to establish and organize legalized falconry within the Western Cape Province.  The clubs will be responsible for the co-ordination of their membership 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.  The clubs will be subject to the provision of the Nature and Environmental Ordinance, 1974, (Ordinance 19 of 1974), and the regulation framed there under as enunciated in this document.  Whilst not desirable, not more than one falconry club may exist to perform this function, provided that all clubs fall under the same police and regulations, and uphold a similar code of ethics.  All practicing falconers must be registered members of a club recognized by CAPE NATURE and be of good standing in that club.

The number of practicing falconers in the Western Cape will be limited to 35 in all clubs, and this number shall be reviewed annually. There is no restriction on the number of Associate and honorary members who do not hold raptors for any purpose other than approved rehabilitation.  These members may not retain birds for practicing falconry unless the member changes status i.e. becomes a practicing falconer. (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 a quota allocated to the falconry club.

It is expected that clubs and their members shall assist CAPE NATURE in its attempts to conserve raptor populations by:-

i)   Treating and rehabilitating injured or diseased raptors on request;

ii)    Translocation problem raptors from properties when they cause damage;

iii)    Providing information on illegal falconry related activities;

iv)    Providing date on the distribution status and breeding of raptor species

(e.g. fill in nest record cards for all active nests found);

v)    Publish/report relevant findings.

CAPTIVE BREEDING

Club members may be required to establish a captive-breeding program for the less common species to be used in falconry.  Clubs will be granted in quota of wild birds for the establishment of the captive-breeding program. Such a program must be stocked with birds originating from the Western Cape. The taking of birds for this program must follow the protocols as laid down in Appendices A and B.  Each club will be responsible for all captive breeding units managed by individual members.  Breeding units are to be inspected at least annually by CAPE NATURE.  Permits issued to the clubs to keep and breed raptors in captivity will be valid for a period as specified on the permit.

Progeny of wild caught birds are the responsibility of the club. Second generation progeny are the property of the club or the breeder at the discretion of each.  Injured (permanently damaged), confiscated, “Problem” and captive-bred birds from other importation of species from other provinces/countries in southern Africa will be considered on condition that such species do not occur naturally in the Western Cape Province or that approval for the relevant nature conservation authorities are submitted.  Captive breeding of indigenous species can pose a threat to the genetic integrity of local populations.  Brood stock should, therefore, come from the Western Cape.  Any hybrids (between species or subspecies) that might be produced through the captive breeding program of raptors naturally occurring in Africa must be destroyed or human imprinted.

All captive birds must be individually marked with a closed ring bearing a unique umber.  This number will be entered on the permit of the member holding the bird.  Tampering with the ring is prohibited.

The breeder will maintain a record of all breeding birds in his/her possession and progeny.  Should it be deemed necessary by included in this record 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 produces and to facilitate DNA testing.  These records must be available for examination at the annual inspection of the breeding facility. (Note that the retention of feathers is not a requirement at present, but this control mechanism may be instituted at the discretion of the Cape Nature).

If the demand for birds for falconry is so low as not to justify a captive breeding program, and provides no threat to wild populations then the capture of wild birds may be permitted by Cape Nature.  All conditions applicable to the capture and holding of wild birds for captive breeding will apply equally to birds taken for falconry purposes.  The ultimate fate of thee harvested birds will be either entry to the breeding program or preferably release to the wild.  Each club will be responsible for ensuring that such birds are released in the best possible condition and location, and should be ringed.   All such releases must be reported to Cape Nature within two weeks, whether intentional or unintentional.

It is the policy of Cape Nature to discourage the trading in indigenous raptors.  Any proposal to export an indigenous raptor must be specifically and will be considered on its merits.

ANNUAL QUOTA

It is anticipated than the demand for birds will be slow as not to justify a captive breeding program for most specie. An annual quota of birds, which may be harvested from the wild and made available to club members, subject to approved applications, will be decided upon in consultation between the clubs and Cape Nature. This must provide no threat to wild populations.  An initial quota would be 4 peregrine falcons, 10 lanner falcons, 10 black sparrowhawks, 5 pale chanting goshawks, 5 red-breasted sparrowhawks, and 5 African goshawks.  This quota represents the maximum number of any species, which may be taken and is subject to annual review. Birds will be allocated in response to requests received from members by each club executive.  A permit for this quota will be issued to the club annually.  Any bird taken for falconry purposes during that year, including suitable rehabilitation birds must be counted against this permit.  Only bird under one ear of age maybe taken from the wild for falconry.

(These quotas have been negotiated annually and have varied from year to year.  The total number of birds as listed above has never yet been taken).

LEGISLATION WITH RESPECT TO FALCONRY

Falconers must comply with all relevant legislation.

i) National Legislation.

(a) The Performing Animals Act 24 of 1935.

Any falconer, who uses his birds in public display on any sort of regular basis or for gain, must comply with this legislation and be in possession of a Performing Animals License.  Application forms are available from the Law Enforcement Branch of Cape Nature and application must be submitted to the local magistrate annually. These licenses are valid for one year and stipulate the specific animals to be used in displays.

(b) The Animals Protection Act 71 of 1962.

The object of this act is to prevent cruelty to animals in captivity or under    the control of any person. The act prohibits maltreatment of animals, including neglect, unnecessary confinement, starving or underfeeding of animals. Any such action constitutes a criminal offence.

(ii) Provincial Legislation.

(a)  The Nature Conservation Ordinance 19 of 1974.

Compliance with provincial legislation is covered by the requirements of “The Policy and Regulations for Falconry in the Western Cape.” Falconry is permitted in terms of this, by the issuing of a specific Falconry permit.

(b) Provincial Notice 955 of 1975.

This document refers to the adequate provision of food, water and accommodation.  It stipulates the volume of cages required to house birds with reference to the size of the bird. (Compliance with the requirements of the Rules and Regulations of the Cape Falconry Club will satisfy this with the exception of birds of 1 kg in weight for whom specific permission must be sought from Cape Nature). Other requirements of this notice are covered elsewhere in this policy document.

(c )  Policy on Control of Animal Captive Breeding, Exhibition,

Rehabilitation and Trading Centers in the Western Cape Province. (Zane Erasmus – Cape Nature Conservation 1996).

This document deals with issues, which are peripheral to falconry and not specifically dealt with the Falconry Policy. Falconers, who wish to participate in any of these activities, must familiarize themselves with the requirements of the Cape Nature as laid out in this document. (A copy is appended for your information).

(d)  Municipal By-laws

Compliance with municipal by-laws is required and a letter of “No     Objection” must be sought from the relevant municipality.  The Letter of No Objection from the South Peninsula Municipality is attached and this may be used as a basis for negotiation with other municipalities.

(e) CITES Regulations must be adhered to.

PERMITS FOR FALCONRY

On recommendation of each falconry club committee, all graded members of the clubs will be issued with a Falconry Permit by Cape Nature.  The Falconry Permit will be valid for five years and may be seconded at any time.  The permit will be specific to the grade held by the falconer.

i)     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   three 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).

ii)      Novice Falconer Permit (Grade C)

As in i) with the addition of:

Permission to keep raptors for breeding purposes on the recommendation of the falconry club.

iii)     General Falconer Permit (Grade B)

As in ii) with the addition of:

Permission to trap a raptor using a prohibited trapping methods and according to the protocols as stipulated in Appendices A and B.

iv)     Master Falconer Permit (Grade A)

As in iii) 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 two hunting birds.

Each club will issue all graded members with a laminated identity card. This card shall be carried in the field to identity them as members of a club in good standing.  It will indicate their grading and they have been issued with a Falconry Permit by Cape Nature.  Each falconry club will undertake to notify Cape Nature on the change in status of a member.  (i.e. change in grading or failure to remain in good standing) within two months of such change.  Similarly each club will regularly update Cape Nature on the birds held by the club members and of any changer such as new acquisitions, releases or deaths.  This shall be done at least two monthly.

All members will maintain a bird register, which will stipulate those birds in their possession and their source and their fate.    This register will include breeding birds and any birds held temporarily for rehabilitation.  A pro-forma copy of this register is included with the Policy of Control of Animal Captive Breeding, Exhibition Rehabilitation and Trading Centers as Appendix A. This register can be inspected at any time as part of the inspection of a member’s birds and mews.  The register must be retained for at least two years after release or death of a bird. Unwanted birds may only be disposed of after consultation with the club committee, which will arrange their release or disposal in consultation with Cape Nature. Permit holders may not indiscriminately release raptors that have been used in falconry.

EXOTICS AND EXOTIC HYBRIDS

The importance of certain exotic raptors (including hybrids) will be allowed.  Cape Nature 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. The exotic hybrids, whether imported or locally bred, may be required to be human imprinted at the discretion of Cape Nature.  No exotic raptor may be put out at hack. Exotics that are imported must be captive bred, closed rung and preferably human imprinted.  All CITES regulations must be adhered to.  Locally captive bred exotics should be human imprinted and may along with exotic hybrids, only be disposed of to suitably qualified falconers.  Such exotic raptors should be flown with double transmitters.

REHABILITATION

Full records must be kept of all birds brought in for treatment rehabilitation and reports submitted annually to Cape Nature (See Annual Reports).  Birds brought in for rehabilitation may, with Cape Nature approval, be retained for falconry purposes for one season.  Extension of this period can be considered upon application and such birds must then be included against the annual quota.  Birds that cannot be rehabilitated or are not suitable or required for captive breeding by the club, may be disposed of to individuals or institutions, after approval has been given successfully, be released or be used in a captive breeding programme, should, after evaluation by a veterinarian or suitably experienced member of Cape Nature, be euthanasia and deposited with the South African Museum.

ANNUAL REPORTS

Each member is required to 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.   This information will form part of the annual report submitted by each club to Cape Nature.  This should be completed on a suitable format on a pre-prepared form, which will be circulated to members.  It is required that each club submit a detailed report to Cape Nature, containing information of the names and addresses of members, detailed information on the capture of all birds, and results of the captive breeding program, together with a register of all raptors in captivity.  Records must include the number of males and females of each raptor species and their origin (i.e. captive bred, rehabilitation, “passage” bird, etc.).  The site of ‘collection’ must also e accurately described or a grid reference given (preferably both).  Each bird’s ring number must also be given in the annual report.  A full list of birds successfully and unsuccessfully rehabilitated/treated, fate i.e. euthanasia, died, release not possible, rehabilitated by, ring number, retained for falconry/breeding, date and site of release), must be submitted annually.

HUNTING REGULATIONS

Protected game species, which are declared annually in the hunting proclamations of Cape Nature, may be hunted by falconers, subject to the standard hunting conditions, such as hunting seasons, daily bag limits and written approval of the landowner. 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.  It is recognized 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 Seasons Hunting Permit” each year, by stipulating specific species to be hunted, and with the understanding that no more than one kill per hawk per hunt, be then 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.”

PUBLICITY

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

The continued legalization of falconry in the Western Cape 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 Cape Nature or rules and constitution of the club are not complied with.