Zambia Natural Resources Consultative Forum advises against elephant sport hunting

NATURAL RESOURCES CONSULTATIVE FORUM MEETING TO DECIDE ON THE CONTINUANCE OF SPORT ELEPHANT HUNTING IN ZAMBIA

And to provide advice to the

PERMANENT SECRETARY, MINISTRY OF TOURISM, ENVIRONMENT AND NATURAL RESOURCES

10 JANUARY 2006

INTRODUCTION
A meeting was held at 1430 hrs on 10 January 2006 to discuss the question of Elephant Sport Hunting (ESH) in Zambia so as to prepare an urgent Advisory Note for the Permanent Secretary and the Minister in the light of their forthcoming attendance at the meeting of the Safari Club Convention in Reno, Nevada, USA starting on 18 January 2006, a convention where the elephant quota for 2006 would be sold by Zambian Safari Operators and their agents. Regrettably the Acting DG ZAWA declined to attend in person or to send a competent officer (a preliminary meeting of the NRCF Steering Committee had been held the previous week to discuss the matter with the Acting DG ZAWA, the latter declining to attend)

The meeting overwhelmingly agreed that given the absence of the necessary base-line data (see below – prepared for the meeting) from ZAWA on which clear advice may be tendered to the Permanent Secretary, that the precautionary principle should be invoked and ESH banned for 2006, and until such time as ZAWA provided the essential inputs

The Chairman NRCF however ruled that the MTENR should be advised of the situation but that a meeting with ZAWA should be held after SCI Reno to decide on the formulation of the Advisory Note.

NRCF, as far as those present was concerned, therefore rests on the horns of a dilemma.

1.0 BACKGROUND

In 2005 the Zambia Wildlife Authority (ZAWA) issued a quota of 20 elephant for sport hunting by foreign clients in the Chiawa, Rufunsa and Lower Lupande hunting concessions; 10 to be utilized by the concessionaires of those areas, the remaining 10 to be auctioned to other safari operators – the proceeds to be deposited in an elephant conservation fund and shared with affected communities. The quota was issued by ZAWA in response to complaints by local communities of elephant damage to crops, and of loss of life . The DG ZAWA stated that 20 problem bull elephant had been identified by his officers and that these would be shot, and that measures would be taken to assist communities in improving their capacity to defend themselves against raiders. The Tourism Council of Zambia (TCZ), the Safari Hunting Operators of Zambia (SHOAZ), the South Luangwa Conservation Society (SLCS) – which produced an analysis of the issue, in particular a response to ZAWA’s Draft Guidelines for Elephant Sport Hunting (ESH)”, and Conservation Lower Zambezi (CLZ) opposed the hunting of elephant on the grounds that elephant were being poached , that populations had not yet recovered from the hunting ban of 1982, and that the few bull elephant in these areas were of considerable value to the non-consumptive tourism industry. Numerous international elephant conservation organizations also opposed the move. In 2004, ZAWA had applied to the Conference of the Parties (COP) of the Convention on International Trade in Endangered Species of Fauna and Flora (CITES) for the ivory taken from the 20 elephant to be exported to CITES signatory countries. This application was granted. ZAWA’s application for elephant to be downlisted to Appendix 2, enabling it to sell its stockpile of 17 tons of ivory, was refused. At least one international organization supported the introduction of elephant hunting and had negotiated with the US Fish & Wildlife Service for ivory from the 20 hunted elephant to be imported into the USA. This was, however, refused. ZAWA, through the NRCF held a consultative meeting on the elephant hunting proposal, but had already announced the issue of the hunting quota.

2. Policy and Zambian International Treaty Obligations

Zambia Draft National Policy on Environment (May 2005) •The wildlife resource is generally under severe and increasing pressure due to increase in human population and loss of habitat as a consequence of expanding human settlements and conversion of habitat to available land. • Depletion in most places of wildlife due to illegal harvesting a consequence of high poverty levels. • Deforestation and uncontrolled hunting is leading to a widespread depletion of all of wildlife • Loss of biodiversity through weak management of protected areas. • Community-based management still weak and not yet widely practiced. • Potential for tourism development jeopardised through reduction in large mammal populations and degradation of habitats in some places. • River flow changes through hydro-power dam regulation causing reduced production of floodplain wildlife. • Development of mechanisms for re-investment and revenue sharing with the poor.

CITES Convention Guided by way of non-detriment finds and ultimately by the application of the precautionary principle
1992 – Burnt 6.5 tons of ivory. Paid for by Elefriends +
2002 – Application for transfer of elephant to Appendix 2 refused
2004 – Application to sell 17 tons refused
2004 – Application for parties to import ESH products from Zambia ?

Biodiversity Convention: Where knowledge is lacking, guided by the application of the precautionary principle
The African Convention on the Conservation of Nature and Natural Resources (2003) -an AU mirror of the Biodiversity Convention

Lusaka Agreement 2002 - 68. The Zambia Wildlife Authority is currently investigating the role of Zambian nationals and ivory sourced within Zambia relating to the recent seizure of 6.5 tonnes in Singapore. There have been seven arrests to date including an unspecified number of ZAWA staff members.
2005 - Lusaka Agreement Task Force currently investigating 6 tons of illegal ivory confiscated in Singapore 2002 – now moved to Nairobi, believed to come from Zambia.
African Elephant Conservation Act: A U.S. federal law that reaffirms the endangered status of African elephants and allocates money toward conservation efforts US law recognizing endangered status of African elephant

3. Precautionary Principle Guidelines
Guideline 1: INCORPORATE Incorporate the Precautionary Principle explicitly into appropriate legal, institutional and policy frameworks for biodiversity conservation and natural resource management. Elaboration: Application of the principle requires a clear legal and policy basis and an effective system of governance. It also requires the establishment and maintenance of adequately resourced institutions to carry out research into risk and uncertainty in environmental decision-making.
Guideline 2: INTEGRATE Integrate application of the Precautionary Principle with the application of and support for other relevant principles and rights.
Guideline 3: OPERATIONALISE Develop clear and context-specific obligations and operational measures for particular sectors and contexts, or with respect to specific conservation or management problems.
Guideline 4: INCLUDE STAKEHOLDERS AND RIGHTHOLDERS Include all relevant stakeholders and rightholders in a transparent process of assessment, decision-making and implementation
Guideline 5: USE THE BEST INFORMATION AVAILABLE Base precautionary decision-making on the best available information, including that relating to human drivers of threats, and traditional and indigenous knowledge
Guideline 6: CHARACTERISE UNCERTAIN THREATS Characterise the threat(s), and assess the uncertainties surrounding the ecological, social and economic drivers of changes in conservation status.
Guideline 7: ASSESS OPTIONS Identify the available actions to address threats, and assess the likely consequences of these various courses of action and inaction
Guideline 8: ALLOCATE RESPONSIBILITIES FOR PROVIDING EVIDENCE Allocate roles and responsibilities for providing information and evidence of threat and/or safety according to who is proposing a potentially harmful activity, who benefits from it, and who has access to information and resources
Guideline 9: BE EXPLICIT Specify that precautionary measures are being taken and be explicit about the uncertainty to which the precautionary measures are responding.
Guideline 10: BE PROPORTIONATE In applying the Precautionary Principle adopt measures that are proportionate to the potential threats
Guideline 11: BE EQUITABLE Consider social and economic costs and benefits when applying the Precautionary Principle and where decisions would have negative impacts on the poor or vulnerable explore ways to avoid or mitigate these
Guideline 12: BE ADAPTIVE Use an adaptive management approach, including the following core elements: • monitoring of impacts of management or decisions based on agreed indicators; • promoting research, to reduce key uncertainties; • ensuring periodic evaluation of the outcomes of implementation, drawing of lessons and review and adjustment, as necessary, of the measures or decisions adopted; • establishing an efficient and effective compliance system.

4. A Few Multi-National Organizations Position on Zambia ESH

Conservation Force: Has been supporting ZAWA in ESH
Save the Elephants Organization: Opposed to ESH, advocating non-lethal Green Hunting
Bloody Business.com: Opposes hunting, states CITES will monitor the Zambian ESH (World Peace Herald 23 May 05)
Born Free Opposes
IFAW Opposes
US Fish & Wildlife Service: Does not allow imports of ESH from Zambia
Under the USF&WS regulations adopted in the early 90’s, the USF&WS must make two findings before issuing an elephant trophy import permit. First, under CITES, it must determine that the trophy import is for a "purpose" that is not "detrimental". Second, under the US Endangered Species Act (ESA), it must determine that the underlying hunting benefits, or enhances, elephant conservation. In making the second determination under the ESA, the Service essentially re-makes the biological non-detriment determination made by the exporting country (Zambia) and additionally must be provided hard evidence of conservation enhancement. Permit applicants should collect and furnish the USF&WS evidence of the abundance of elephant where they hunt, the effect of their hunting on reducing or controlling poaching, all related revenue directed towards conservation of the elephant, community programs and incentives derived from the hunting and other benefits