Rhino Horn Use Policy

1. POLICY PRINCIPLES

• RE-AFFIRMING Ezemvelos support for sustainable utilisation as an essential element of successful biodiversity conservation.
• BELIEVING that creating economic value for biodiversity creates incentives for its protection.
• SUPPORTING that idea that regulated and sustainable use can make an important contribution to rural economic development and poverty alleviation.
• RECOGNISING that rhino conservation and their continued existence as an iconic species is synonymous with the identity and the legacy of the Organisation and people of KwaZulu-Natal.
• REALISING the pivotal role of Ezemveol’s protected areas and regulatory framework in the conservation and future of both black and white rhino
• RECOGNISING that the relentless illegal hunting of rhinos for their horns is posing the most direct and significant threat to the continued existence of rhinos, and, through the re-allocation and use of resources to ensure their security, ultimately to the integrity of protected areas and biodiversity as a whole.
• REALISE an enabling environment for effective rhino protection through providing additional resources.
• RECOGNISING that the continued and even escalating investment to adequately protect rhinos is not sustainable, especially in an environment of declining budgets.
• CONCLUDING that the long-term restriction in international trade of rhino horn has not had the desired impact of reducing demand or illegal killing of rhinos.

NOTING that horn is available from natural mortalities and de-horning exercises

2. INTRODUCTION

2.1 OVERVIEW

• South Africa is facing a crisis in rhino poaching and KZN has been highly impacted bysuch. The main driver for the illegal killing of rhinos in KZN is a persistent demand forrhino horn use. History has demonstrated that this demand cannot be met by legalsupplies as international trade in rhino horn was banned by CITES in 1977. Over therecent years, the rhino populations have indicated a rapid decline in rhino numbersbecause of the continued demand. In response to this trend, the province has toundertake drastic interventions, in accordance with the legislation, to save the currentrhino populations. Convention on the International Trade in Endangered Species(CITES) has put in place global measures to stop the illegal trade in rhino horn since1977 which has not reduced the illegal trade in rhino horn. This international ban hasin fact driven the illegal trade underground which has allowed the illegal markets todetermine the value. The illegal market prices has and continues to make illegaloperations and poaching of rhino a very viable option, as the risk being encountered isminimal to the reward, resulting in the exponetial increase in poaching rhino in SouthAfrica and in particular KwaZulu-Natal (KZN). The resourcing of conservation agencieshas significantly declined, this of which has resulted in the inability to maintain rhinocounter poaching operations. Ezemvelo has and still trades in wildlife, including rhinowhich has always been included as a revenue stream for Ezemvelo.

2.2 PURPOSE

• Understanding the risk of rhino poaching challenges facing the organisation to deliveron its mandate, as well as the external challenges facing a protected area, it becomescritical to maintain and ensure self-sustaining mechanisms in the protection of keyspecies, such as rhinoceros.The primary purpose of this policy is to enable use of rhinohornto generate revenue that will be utilized to enhance security for existing rhinopopulations, and protected area management, The secondary purpose is to reduce thesecurity risk of holding and safe keeping a growing extensive stockpile.

3. POLICY STATEMENT

1. Ezemvelo supports a sustainable local and international rhino horn trading model thatis legally-compliant, ethical, and adequately regulated and traceable. This is in line withthe Panel of Experts recommendations for the trade in rhino horn.
2. Ezemvelo acknowledges that revenue generated in the trade in rhino horn must directlybenefit conservation management.
3. Ezemvelo supports sustainable rhino hunting and associated personal trophies andpossession of horns as a means to incentivise and support rhino conservation.
4. Ezemvelo does not support the destruction of rhinoceros horn stockpiles and believesthat such disposal could be counter-productive in terms of driving up the value ofillegally-obtained horn.
5. Ezemvelo does not support the harvesting and trading of horn from intensive captivebreeding of rhinos, but recognises that rhino conservation operates along a continuumfrom intensive hands-on management to completely wild populations.
6. Ezemvelo also understands that the demand for rhino horn use is unlikely to declineas to people’s beliefs are firmly entrenched and the product is being repurposed tomaintain demand.
7. Ezemvelo acknowledges the availability of rhino horns from animals that did not needto be killed for this purpose such as stockpiles, natural mortalities and legal dehorningactivities.
8. Ezemvelo notes the risk and cost of securing wildlife products and especially rhinohorn in high security facilities.
9. Ezemvelo acknowledges that all rhino, whether black or white, area regarded asbiological assets owned by the state; however, any products from the skull, horns,hooves, etc; are regarded as by-products and not assets.
10. Ezemvelo will not embark on any dehorning other than for conservation and protectionreasons, and will not undertake dehorning for the sole purposes of revenue generation.
11. Disposals of all rhino horn must be authorised by the Accounting Authority (EzemveloBoard) which shall be apprised of all planned or actual disposals and which mustapprove any disposal before it is effected.

4. DEFINITION OF TERMS

The words or terms defined below shall have the meaning so assigned unless thecontext clearly indicates otherwise.

5. POLICY AIMS AND OBJECTIVES

This policy aims to:

1. Establish and provide a clear policy framework and guidelines for responsible andethical management of rhino horns, emphasising the conservation of rhinos andcompliance with relevant environmental regulations.
2. To reduce the illegal demand on the rhino horn thus eliminating the appetite in theblack market.
3. To promote sustainable utilisation of rhinoceros products in line with other wildlifeproducts, viz rhino horn, in the best interests of the conservation of the species and forthe public of KwaZulu-Natal and South Africa.
4. To stop poachers from targeting and killing of rhinoceros in the country, in particular,at Ezemvelo protected areas.To reduce the illegal supply of of rhinoceros in KwaZuluNatal.
5. To avail the rhino horn for medicinal use in the international trading markets.
6. To facilitate a net gain for biodiversity conservation for Ezemvelo KZN Wildlifeprotected areas.
7. To ensure biodiversity conservation and sustainable use in a manner that isecologically sustainable and socially appropriate.
8. To create and maintain an enabling environment that will lead to continued expansionof rhino range and numbers (by incentivising the private sector and communities toinvest in rhino conservation).
9. To achieve rapid population growth rates and conservation of genetic diversity throughappropriate biological management.
10. To enhance law enforcement and rhino protection and in particular to stop morepoachers before they kill rhinos;Rhino Horn Use Policy – Effective 1 March 2025Page 9 of 19
11. To be able to sustainably fund effective conservation measures.

6. SCOPE AND APPLICATION

1. Authorised Ezemvelo employees are required to handle, collect, or transport any rhinohorns or parts thereof.
2. All BRREP properties that have a custodianship agreement with Ezemvelo pertainingto the animals and or horns from dehorning and or natural or poaching related deathsbelonging to Ezemvelo.

7. POLICY PRINCIPLES

1. Compliance and Implementation of all High-Level Panel RecommendationsIn that Ezemvelo takes a leadership position in promoting range state consensus inrelation to international commercial trade in rhino horn, including options for futurestockpile use.
2. Integrity TestingAll staff associated with management of rhino horns may be required to submit tointegrity testing to ensure that staff are beyond reproach.
3. 7.3 Compliance with National Norms and StandardsCompliance with National Norms and Standards in as far as complying with allmeasures for the marking and management of rhino horn and stockpiles andassociated data.
4. 7.4 Compliance with Ezemvelo Horn Standard Operating Procedures100% compliance with the Rhino Horn Standard Operating procedures.
5. Contribute to rhino conservation through sound rhino managementSecurity and biological monitoring of species inside Ezemvelos protected areas andBRREP sites. Ongoing monitoring and evaluation of the implementation of National Initiatives such as the Rhino Conservation Lab (2016) and associated outcomes toensure compliance with all regulations and legislative requirements. Rhinoconservation is the number one priority. As such, biological and security managementplans and strategies that are up-to-date, accurate, and fully implemented are crucial.
6. Contribution to the socio-economic upliftment to adjacent communitiesAny legalised trade must contribute, to the extent determined by Ezemvelo, toimproved socio-economic conditions of communities neighbouring protected areas.
7. The consequences of legalised trade in rhino horn must be monitored and assessedon an ongoing basis and the necessary steps must be taken to conserve rhinos.

8. POLICY DISCUSSION

1. Ezemvelo subscribes to the sustainable utilisation of natural resources. The effectiveprotection and subsequent increased rhino populations has resulted in conservationagencies, both formal and private, in being able to meet, if not exceed, the demand forrhino horn.
2. Ezemvelo recognises that illegal rhino horn trade is the real commodity that is currentlythreatening the continued existence of these iconic animals.
3. Ezemvelo recognises that the cultural drivers behind this need for rhino horn willremain and are in themselves neither ill-intended nor illegitimate. Such traditional uses,if properly controlled, and if the products are legally acquired, are acceptable.
4. Ezemvelo submits that the trade in rhino horn will help generate much needed revenuethat will be directed towards conservation and help supplement the protection of rhinosthat are still in Ezemvelo protected areas.
5. 8.5 Rhino horn is a natural renewable resource that could be used sustainably. Byrecommitting to the current trade regulations, this option emphasises the importanceof getting the “six critical areas” namely Security, Community Empowerment, Biological Management, Responsive Legislative Provisions and Effective Implementation,Demand Management/Reduction, and Sustainable Conservation Financing correctbefore proceeding. These six critical areas have been detailed in the Rhino HornStandard Operating Procedures on how Ezemvelo would ensure compliance.
6. Ezemvelo as such believes that the destruction of rhinoceros products is unnecessary,wasteful, and counter-productive. The precautionary principle emphasises cautionwhen extensive scientific knowledge on the matter is lacking. Since the consumerreaction is unclear based on published research, stockpile destruction would not beprudent.
7. Ezemvelo will encourage dialogue and scientific research in an open and transparentmanner with partners to ensure that enabling conditions promote the trade in rhinohorn, and the sustainable management of Ezemvelo rhino.
8. Ezemvelo will endeavour to ensure that the minimum requirements identified by theCommission of Enquiry and as adopted by National Cabinet on trade on rhino horn areimplemented, adhered to and met.
9. Ezemvelo recognises that the effective implementation of the Ezemvelo RhinoGuardianship Strategy for 2024 to 2029 is a critical tool that highlights shortfalls in thisregard and identifies the corrective measures required to ensure sustainablecompliance and management of rhino in KZN.
10. The sustainable utilisation of rhino horn is based on the effective and provenconservation of black and white rhinoceros in an enabling environment where sufficientresources are provided for their continued protection. The sources of horn beingconsidered are:
    1. Rhino horn derived from stockpiles currently held by Ezemvelo.
    2. Rhino horn derived from rhinos that die of natural causes.
    3. Rhino horn derived from living rhinos that are dehorned at intervals for theprotection of the rhino.

It is critical to note that rhino horn regrows after dehorning if cut without damaging thegenerative epidermis layer from which the horns grow, and thus can provide arenewable source of horn from live rhinos through current expensive dehorningmeasures that was implemented to protect rhinos from illegal harvesting.

9. FINANCIAL COSTS OF PROTECTING RHINOCEROS

The financial implications of managing rhinoceros in the province comprise the following:

1. Increased security measures and protection costs for the management and andmaintenance of the facilities (nature reserves) that keep and manage rhinoceros in theprovince.
2. The upkeep of the bomas where animals are kept for various reasons including rhinoorphans, sick or wounded animals.
3. The maintenance, additional security required for the infrastructure where the rhinohorn stock has been piled.
4. Additional security measures (human resources, K-9 do unit, firearms) required for theantipoaching strategies implemented in rhino reserves.
5. Continous dehorning for the maintenance of the horn. The costs of the dehorningexercise, if not reserved, may be unsustainable and cause reliance on external fundingto maintain the programme.

10. APPLICABLE LEGISLATION AND REGULATIONS

This policy must be read in conjunction with the following legislation and policy documents:

10.1 The Constitution, Act 108 of 1996.

• Conservation in South Africa is premised on Section 24 of the Constitution which provides the following:
• Everyone has the right: -
• 1. To an environment that is not harmful to their health or wellbeing, and
  2. To have the environment protected for the benefit of present and futuregenerations, through reasonable legislation and other measures that:
     1. Promote conservation, and
     2. Secure ecologically sustainable development and use of naturalresources while promoting justifiable economic and social development.

10.2 National Environmental Management Act, Act 107 of 1998

• NEMA creates the fundamental legal framework that gives effect to the environmentalright guaranteed in section 24 of the Constitution. The Act provides for cooperativegovernance in relation to environmental matters by establishing the necessarygovernment institutions that will ensure proper implementation of environmentalprotection and management. NEMA provides a framework in which development orresource use projects are established in a sustainable manner, considering theirpossible negative impact on the environment. Within this framework, development orresource use in South Africa are now considered economically, socially, andenvironmentally integrated processes.

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

• NEMBA is part of a suite of legislation that gives effect to the constitutional commitmentto take reasonable legislative measures to provide for the management andconservation of biological diversity and the sustainable use of indigenous biologicalresources. Supporting regulatory provisions that inform conservation and sustainableuse of rhino include:
• 1. General notice published in the Government Gazette, No. 37736, of 13June 2014 on Coordination of permits for rhinos - all applications forpermits for international trade in any rhino specimens, which include liverhinos and rhino horn, to be submitted to DFFE for recommendation.
  2. Written agreement in terms of section 87A (3) for the Minister (instead ofthe MEC) to be the issuing authority for selling / buying of rhino hornissued on 15 February 2016.
  3. Norms and Standards for the Marking of Rhinoceros and Rhinoceros Hornand the Hunting of Rhinoceros for Trophy Hunting Purposes (2018) (RhinoNorms and Standards); reporting of death of rhino or theft of rhino hornwithin 5 working days; procedures for collection of DNA samples; safekeeping of rhino horn and disposal of rhino horn.

10.4 Threatened or Protected Species Regulations (TOPS)

• The TOPS regulations developed in terms of Section 97 of NEMBA came into force on01 June 2007 (GN R.150 as published in Gazette No. 29657 of 23 February 2007).The TOPS Regulations, among others, provide for the protection of wild populations oflisted TOPS, regulate the permit system in respect of listed TOPS, provide for theregistration of specific facilities and persons, e.g., captive breeding facilities and wildlifetranslocators, regulate hunting as a specific restricted activity, and prohibit the wayspecific restricted activities are carried out.

10.5 CITES REGULATIONS

• It is a requirement of CITES that Parties must regulate international trade throughnational legislation, hence the promulgation of the CITES Regulations in 2010 underNEMBA, to give effect to the provisions of CITES.

10.6 National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of2003) (NEMPAA)

• NEMPAA provides for the protection and conservation of ecologically viable areasrepresentative of South Africa’s biodiversity and natural landscapes and seascapes inprotected areas.

10.7 Draft National Biodiversity Economy Strategy

• The Draft National BiodiversityEconomy Strategy (NBES) responds to the White Paper on Conservation andSustainable Use of South Africa’s Biodiversity and enhances opportunities tocontribute to a range of elements of the National Development Plan. The NBES isfounded on the key pillars of conservation, sustainable use and beneficiation ofbiodiversity business value chains, and transformation, which will promote sustainableand inclusive socio-economic development. This requires growing and sustainingconservation land and seascapes while promoting and facilitating inclusivebiodiversity-based businesses that drive transformation of the biodiversity sector. TheNBES is underpinned by two cross-cutting imperatives:
• 1. Leverage the Biodiversity Economy to promote conservation and speciesand ecosystem management, thereby ensuring a positive feedback loop.
  2. Promote growth and transformation of the Biodiversity Economy.

10.8 National Integrated Strategy to Combat Wildlife Trafficking (NISCWT), Cabinetapproval in May 2023.

• The NISCWT is aimed at reducing the threat that wildlife trafficking poses to nationalsecurity, by establishing an integrated strategic framework for an intelligence-led, well-resourced, multidisciplinary, and consolidated law enforcement approach to focus anddirect law enforcement’s ability, supported by the whole of government and society.

10.9 Committee of Inquiry (COI) (2014-2015)

• In 2014, in response to the ongoing increase in rhino poaching, and in preparation forthe 17th Conference of the Parties to CITES, the Minister of Environmental Affairsappointed a COI to advise on the southern white rhino and African elephant proposalsfor trade to CITES at the time. The scope of the advice sought included considerationof the implications of potential international trade in rhino horn as assessed throughdifferent trade models.
• At the time, the COI was strongly of the view that interventions in specific areas areessential for an effective response to rhino poaching in South Africa, irrespective ofany stance on international trade in rhino horn. These interventions are required toaddress governance and other challenges in the following areas:
• 1. 10.9.1 Security (enforcement, wildlife crime, and disruption of organised crime).
  2. 10.9.2 Community empowerment (socio-economic impact of poaching oncommunities and the development of reciprocal partnerships betweenprotected area management authorities and communities); and
  3. 10.9.3 Demand management; and
  4. 10.9.4 Biological management (to meet the requirements for minimum viablepopulations, including range expansion); and
  5. 10.9.5 Responsive legislative provisions that are effectively implemented andenforced.
  6. 10.9.6 In addition to the five governance challenges, the COI additionallyaddressed the issues of:

  7. 10.9.6.1 how to deal with the demand from consumer countries, and

     10.9.6.2 how to provide sustainable funding for ongoing efforts to reducepoaching and illegal wildlife trade.

     The COI identified four possible options based on different solutions tochallenges of managing the demand for rhino horn, which were:

     Option 1: No trade in rhino, backed by a policy change that bansinternational trade in key affected species and strongly supportsdemand reduction.

     Option 2: Application of current policy, no consideration of commercialtrade, investment in demand reduction.

     Option 3: Application of current policy, with no immediate intention to tradein rhino horn, but maintaining the option to re-consider regulatedlegal international trade in rhino horn when requirements are met.

     Option 4: Promote regulated, legal international trade as soon as thegovernance conditions are met.

10.10 White Paper on Conservation and Sustainable Use of South Africa’s Biodiversity.

• The White Paper was developed to promote the conservation of the rich biodiversityand ecological infrastructure that supports ecosystem functioning for livelihoods andthe well-being of people and nature, and identified the following challenges thatrequire policy intervention: the White Paper emphasises the importance of thebiodiversity sector to South Africa's economy, underpinned by strengthenedconservation, sustainable use and access, and fair and equitable sharing of benefitsarising from the utilisation within a duty of care of biodiversity and its components.

10.11 DRAFT BIODIVERSITY MANAGEMENT PLAN for both BLACK RHINOCEROS(Diceros bicornis) and WHITE RHINOCEROS (Ceratotherium simum) in SOUTHAFRICA 2024 – 2034

10.12 Provincial Conservation Acts / Ordinances

1. KwaZulu-Natal Nature Conservation Management Act No. 9 of 1997.
2. Nature Conservation Ordinance 15 of 1974
3. KwaZulu Nature Conservation Act 29 of 1992
4. South African National Environmental Management Act (“NEMA”)
5. South African National Environmental Management Biodiversity Act(“NEMBA”)
6. South African CITES Regulations
7. Convention on International Trade in Endangered Species ofFlora and Fauna (“CITES”)

10.13 Provincial and Corporate Policies

1. 10.13.1 Sustainable use of wildlife resources (policy 3.13 dd April 1997)
2. 10.13.2 Precautionary Principle - "When an activity raises threats of harm to theenvironment or human health, precautionary measures should be takeneven if some cause-and-effect relationships are not fully establishedscientifically."
3. 10.13.3 Ezemvelo Rhino Security Intervention Plan for KZN (Version 2 – 2nd May2013).
4. 10.13.4 Ezemvelo Rhino Reserve Standard Operating Procedures (SOP’s) for theSecurity of Rhino in KZN (Version 10.0 - 1st September 2013).
5. 10.13.5 Rhino Guardianship Strategy 2024
6. 10.13.6 Ezemvelo Integrity testing policy

11. AUTHORIES (BOARD APPROVAL)

• This policy shall be implemented from the date of the Ezemvelo Board’s approval.

12. EFFECTIVE DATE

• This policy shall be effective from the date of the Ezemvelo Board’s approval.

13. POLICY REVISION

• This policy shall be revised every 3 years or, if there are any changes in theLegislation or Norms and Standards that guides the sale of rhino horn.

14. OTHER REFERENCES

• J. Eikelboom and Prins H. T. (2024). Poaching Pressure on African Rhinos is still at anall time high. Science Advances Page 1-10. eadl1482.
• A. Taylor, K. Brebner, R. Coetzee, H. Davies-Mostert, P. Lindsey, J. Shaw, and SasRolfes, M. (2014). The Viability of Legalizing Trade of Rhino Horn in South Africa.DFFE Feasibility Report. Page 1-107.
• DFFE Internal Report Understanding the Exis ng Opportunities for Legal Trade inRhino Horn – A discussion document. Page 1-11.
• Mander D (2012). Damned if you do, Damned if you don’t. Legalizing the Rhino HornTrade. Unpublished report page 1-13