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Stiff Penalties For Poaching In New Bill on Conservation
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Mozambique - STIFF PENALTIES FOR POACHING IN NEW BILL ON CONSERVATION

The Mozambican parliament, the Assembly of the Republic, on Wednesday unanimously passed the first reading of a bill on conservation areas which dramatically increases the penalties for poaching, particularly of endangered species.

Introducing the bill, Tourism Minister Carvalho Muaria said the current legislation “does not allow for severe penalties against offenders, and so there are no measures that discourage poaching”.

The pressure on wildlife from poaching had increased significantly in recent years. The animals most at risk were elephants and rhinoceros. Muaria said that, in the last quarter of 2012 and the first quarter of 2013, Mozambique´s largest conservation area, the Niassa Reserve, in the far north, had lost elephants to poachers at the rate of two to three a day.

The Minister noted that Mozambique is also used as a corridor to smuggle ivory and rhino horns (often from rhinos killed in South Africa) to the Asian market.

The bill proposes prison sentences of between eight and 12 years for people who kill, without a licence, any protected species, or who use banned fishing gear, such as explosives or toxic substances. The same penalty will apply to people who set forests or woodlands on fire (poachers often use fire to drive animals into the open).

Anybody using illegal firearms or snares, even if they do not catch protected species, can be sentenced to two years imprisonment.

In addition, those found guilty of the illegal exploitation, storage, transport or sale of protected species will be fined between 50 and 1,000 times the minimum monthly national wage in force in the public administration (at current exchange rates, that would be a fine of between 4,425 and 88,500 US dollars).

Violation of the provisions of the Convention on the International Trade in Endangered Species (CITES) could also result in a fine of up to a thousand times the national minimum wage. So ivory or rhino poachers, if caught, are looking at a prison term of 12 years and a fine of almost 90,000 dollars).

Those who degrade ecosystems through deforestation, fire “or any other voluntary act” will be obliged to restore the area to its previous condition. If they cause the decline of any wildlife species, they will have to pay for restocking, in addition to any other penalties imposed by the courts.

“The Mozambican state fully accepts its responsibility to humanity to protect the biological diversity on its territory”, said Muaria.

The bill, he added, also seeks to ensure the “rehabilitation and reorganisation of conservation areas, and to design innovative and pragmatic management models, reconciled with the interests of the public and private sectors and of the communities who live within and nearby the conservation areas”.

Each conservation area will be run by a Management Council, chaired by the government-appointed administrator of the area, and including representatives of local communities, private businesses and local state bodies.

The bill adds that the state “may establish partnerships with the private sector, local communities, national and foreign civil society organisations, through contracts, and with the private partner financing in whole or in part the administration of the conservation areas, thus creating synergies in favour of the preservation of biological diversity”.

Any public or private body authorised to exploit natural resources in a conservation area or its buffer zone, must compensate for its impacts “and ensure that there is no net loss of biodiversity”.

Current conservation areas cover about 25 per cent of Mozambique´s surface area. The bill divides them into “areas of total conservation”, and “conservation areas of sustainable use”.

The former term covers nature reserves and national parks. In these areas no hunting, agriculture, logging, mining or other acts that may damage biodiversity are permitted. The introduction of exotic species is also banned.

Cultural or natural monuments are also fully protected, and the bill guarantees the preservation of any rare, endemic or endangered species found there.

The “conservation areas of sustainable use” include special reserves, environmental protection areas, official hunting areas, community conservation areas, wildlife sanctuaries and private wild life farms.

Each of these has its own set of rules, but they are less stringent than for national parks. In some of them hunting is allowed under licence, and communities are allowed to exploit their resources for their own subsistence, and in a sustainable manner.

Any tourist or other activities authorised in conservation areas must pay fees to the state, fixed by the government, and a certain percentage of those fees will be channelled to the local communities.
 
Posts: 196 | Location: Zimbabwe and Mozambique | Registered: 04 January 2013Reply With Quote
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Thanks for posting, it is definitely a step in the right direction. What is also needed is the financial backing to beef up the policing of the wildlife areas. It will not help to have the legislation but not the resources to enforce the laws.

The cost of protecting the Rhinos in RSA with anti poaching units is very high and the poachers still get to the Rhinos, We need to at least double the anti poaching units on the ground and equip them even better than they are at the moment.

The poor communities around the conservation areas must also be involved and get some kind of incentive to get them involved in the protection of our wildlife. We still have a long way to go, but we will have to act very quickly if we want to ensure the survival of our wildlife.


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Posts: 1250 | Location: Centurion and Limpopo RSA | Registered: 02 October 2003Reply With Quote
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Now we just need to get this info to the Mozambiquean police. They are the biggest problem at the moment.


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Posts: 980 | Location: South Africa | Registered: 06 December 2009Reply With Quote
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Mozambique - STIFF PENALTIES FOR POACHING IN NEW BILL ON CONSERVATIONThe Mozambican parliament, the Assembly of the Republic, on Wednesday unanimously passed the first reading of a bill on conservation areas which dramatically increases the penalties for poaching, particularly of endangered species.Introducing the bill, Tourism Minister Carvalho Muaria said the current legislation “does not allow for severe penalties against offenders, and so there are no measures that discourage poaching”.The pressure on wildlife from poaching had increased significantly in recent years. The animals most at risk were elephants and rhinoceros. Muaria said that, in the last quarter of 2012 and the first quarter of 2013, Mozambique´s largest conservation area, the Niassa Reserve, in the far north, had lost elephants to poachers at the rate of two to three a day.The Minister noted that Mozambique is also used as a corridor to smuggle ivory and rhino horns (often from rhinos killed in South Africa) to the Asian market.The bill proposes prison sentences of between eight and 12 years for people who kill, without a licence, any protected species, or who use banned fishing gear, such as explosives or toxic substances. The same penalty will apply to people who set forests or woodlands on fire (poachers often use fire to drive animals into the open).Anybody using illegal firearms or snares, even if they do not catch protected species, can be sentenced to two years imprisonment.In addition, those found guilty of the illegal exploitation, storage, transport or sale of protected species will be fined between 50 and 1,000 times the minimum monthly national wage in force in the public administration (at current exchange rates, that would be a fine of between 4,425 and 88,500 US dollars).Violation of the provisions of the Convention on the International Trade in Endangered Species (CITES) could also result in a fine of up to a thousand times the national minimum wage. So ivory or rhino poachers, if caught, are looking at a prison term of 12 years and a fine of almost 90,000 dollars).Those who degrade ecosystems through deforestation, fire “or any other voluntary act” will be obliged to restore the area to its previous condition. If they cause the decline of any wildlife species, they will have to pay for restocking, in addition to any other penalties imposed by the courts.“The Mozambican state fully accepts its responsibility to humanity to protect the biological diversity on its territory”, said Muaria.The bill, he added, also seeks to ensure the “rehabilitation and reorganisation of conservation areas, and to design innovative and pragmatic management models, reconciled with the interests of the public and private sectors and of the communities who live within and nearby the conservation areas”.Each conservation area will be run by a Management Council, chaired by the government-appointed administrator of the area, and including representatives of local communities, private businesses and local state bodies.The bill adds that the state “may establish partnerships with the private sector, local communities, national and foreign civil society organisations, through contracts, and with the private partner financing in whole or in part the administration of the conservation areas, thus creating synergies in favour of the preservation of biological diversity”.Any public or private body authorised to exploit natural resources in a conservation area or its buffer zone, must compensate for its impacts “and ensure that there is no net loss of biodiversity”.Current conservation areas cover about 25 per cent of Mozambique´s surface area. The bill divides them into “areas of total conservation”, and “conservation areas of sustainable use”.The former term covers nature reserves and national parks. In these areas no hunting, agriculture, logging, mining or other acts that may damage biodiversity are permitted. The introduction of exotic species is also banned.Cultural or natural monuments are also fully protected, and the bill guarantees the preservation of any rare, endemic or endangered species found there.The “conservation areas of sustainable use” include special reserves, environmental protection areas, official hunting areas, community conservation areas, wildlife sanctuaries and private wild life farms.Each of these has its own set of rules, but they are less stringent than for national parks. In some of them hunting is allowed under licence, and communities are allowed to exploit their resources for their own subsistence, and in a sustainable manner.Any tourist or other activities authorised in conservation areas must pay fees to the state, fixed by the government, and a certain percentage of those fees will be channelled to the local communities.


Thanks for posting Guy!

The biggest challenge of course will be enforcement, but their insight into partnering with the private sector to help them police this needs acknowledgement.

It remains to be seen if they will allow us to arm our anti-poaching patrols and give us arresting powers! But I believe they are serious about this and will come to the party....


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Posts: 2018 | Location: South Africa,Tanzania & Uganda | Registered: 15 August 2006Reply With Quote
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Does anyone know how many more steps, or how much time, it will take to enact this into law?
 
Posts: 1935 | Location: St. Charles, MO | Registered: 02 August 2012Reply With Quote
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Folks from here it is up to the operators to inform chiefs,chef de posts,district administrators,police,Fauna at a district level and provincial level.

I am not sure if they have the funds and facility to hold and feed poachers in the districts so it may have to be referred to the capital of the provinces.Most definitely in the case of an elephant poacher.
 
Posts: 196 | Location: Zimbabwe and Mozambique | Registered: 04 January 2013Reply With Quote
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It would be nice if they enforced the laws pertaining to the gill net fishing. These guys are raping the rivers and Cahorra Bassa.

Another problem is that the local cops are often the driving force behind the poaching including by bullying the locals into supplying meat.


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Posts: 1069 | Location: Durban,KZN, South Africa | Registered: 16 January 2001Reply With Quote
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