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

Notices

Norms and Standards for the Marking of Rhinoceros and Rhinoceros Horn, and for the Hunting of Rhinoceros for Trophy Hunting Purposes

5. Procedure for the collection of DNA samples

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(1)Samples for the purpose of genetic profiling must be collected in any of the following circumstances —
(a)for treatment, translocation or any other management purpose, in which case a horn and a cellular sample, such as a blood or a skin sample, must be collected;
(b)of detached horns contemplated in paragraphs 3(3) or 3(4), or obtained through the hunting of a rhinoceros; or
(c)an unlawfully killed rhinoceros, in which case, to the extent possible, a horn and a cellular sample must be collected.

 

(2)Subparagraph (1) does not apply if the genetic profiling in respect of a particular rhinoceros or rhinoceros horn has already been performed.

 

(3)The samples contemplated in subparagraph (1) must be collected by using the DNA kits as approved by the Forensic Services Division of the South African Police Service.

 

(4)The samples contemplated in subparagraph (1) above must be collected by the following persons—
(a)in the case of samples contemplated in subparagraph (1)(a), a—
(i)cellular sample by a veterinarian; and
(ii)horn sample by a veterinarian, or an environmental management inspector who has been adequately trained and certified in the collection of DNA samples;
(b)in the case of horn samples contemplated in subparagraph (1)(b), by the relevant environmental management inspector, who has been adequately trained and certified in the collection of DNA samples; or
(c)in the case of samples contemplated in subparagraph (1)(c), the relevant environmental management inspector or a member of the South African Police Service, who has been adequately trained and certified in the collection of DNA samples.

 

(5)The samples contemplated in subparagraph (1) must be sent for genetic profiling, to—
(a)a facility registered as a scientific institution in terms of the TOPS 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;

as soon as possible after it has been collected.

 

(6)The facility contemplated in subparagraph (5) must record the information relating to the genetic profiling and make such information available to the Department.

 

(7)The costs for the genetic profiling contemplated in subparagraphs (1)(a) and (b) are the responsibility of the Department.

 

(8)The facility contemplated in subparagraph (5) must provide the Department with a copy of the genetic profiling report.