Tanzania
Wildlife Conservation Act, 2009
Wildlife Conservation (Non-Consumptive Wildlife Conservation) Regulations, 2016
Government Notice 181 of 2016
- Published in Gazette of the United Republic of Tanzania on 20 May 2016
- Assented to on 19 February 2016
- Commenced on 20 May 2016
- [This is the version of this document from 20 May 2016.]
Part I – Preliminary provisions
1. Citation
These Regulations may be cited as the Wildlife Conservation (Non-Consumptive Wildlife Utilization) Regulations, 2016.2. Application
These Regulations shall apply to conservation areas, wildlife ranches, wildlife farms, zoo and game sanctuaries or other areas with wildlife resources for sustainable non consumptive use as shall be designated by the Director except in National Parks, the Ngorongoro Conservation Area, conservation areas established under the Antiquities Act, Marine reserve and Forest Reserves and towns as prescribed under the Local Government (Urban Authorities) Act.[Cap. 333; Cap. 288]3. Interpretation
In these Regulations unless the context otherwise requires—“Act” means the Wildlife Conservation Act;[Cap. 283]“Authorized Officer” means the Director, a Wildlife Officer, a Wildlife Warden, Wildlife Ranger or Police Officer, and includes the following:(a)an employee of the Forest and Beekeeping Division of or above the rank of Forest Ranger;(b)an employee of National Parks of or above the rank of Park Ranger;(c)an employee of the Ngorongoro Conservation Area of or above the rank of Park Ranger;(d)an employee of the Fisheries Division of or above the rank of Fisheries Assistant;(e)an employee in Wildlife Management Area of a designation of a Village Game Scout;(f)an employee of Marine Parks and Reserves of, or above the rank of Marine Parks Ranger;(g)an employee of the Antiquities Division of the rank of or above the rank of Conservator of Antiquities; and(h)any other public officer or any person who shall be appointed in writing by the Director;“conservation area” means a game reserve, a game controlled area, Wildlife Management Area, a corridor area, migratory route, buffer zone, dispersal area, wildlife ranch, wildlife farm, zoo and wildlife sanctuary or any other area designated by the Director;“citizen” for the purpose of Part III of these Regulations means citizens of the East African Community member states;“closed season” means a closed period declared by the Minister under the Act;“Director” means the Director of Wildlife appointed under the Act;“established campsite” means a campsite with developed structures for purposes of provision of basic campsite services;“dispersal area” means an area habitually used by the wild animal species for feeding, laying, storing eggs, rearing or feeding their young and includes breeding places;“filming ”includes the act of taking sequence of images of objects by a camera or similar device that works like a camera to provide optical illusions of continuous movement or sequence when projected into a screen;“fly campsite” means a campsite set temporarily for tourists away from their base or permanent campsite;“game sanctuary” means a place where wild animals are reared in captivity in natural state primarily for educational and recreational purposes;“guest” means any person, who in return for payment of an amount of money whether such payment is made by such person or any other person, occupies or reserves for occupation, accommodation in a tourism facility for over a period of or part of twenty four hours;“hunting block” means an area with game animals which is delineated or set aside and approved by the Director for trophy or sport hunting;“lodge” means an accommodation establishment located within or near natural habitat rich in fauna and flora, in which the majority of clients are leisure seekers;“migratory route” means an area of a strip or zone of land used by herds of wild animals in their migratory circles or seasonal movements;“Minister” means the Minister responsible for wildlife;“night game drive” means an activity of driving a motor vehicle or boat from the time the sun sets to 22:00 hours for purposes of viewing wild animals by a tourist;“non-consumptive use” means the use of scenery, cultural and natural resources that does not involve taking any specimen from the scene, cultural site or the wild and includes game viewing, bird watching, walking safaris, hiking, canoeing, boating, scuba diving, mountaineering and any other similar or related activity;“non-consumptive wildlife utilization permit” means authorisation by the Director to carry out non-consumptive wildlife tourism activity;“open area” means any land with wildlife other than that in a National Park, Ngorongoro Conservation Area, Game Reserve, Game Controlled Area, Wildlife Management Area, zoo, game farm, game sanctuary, wildlife ranch; Marine Reserve, Marine park, Nature Reserve and Forest Reserve;“operator” means any person who owns, conducts or operates a tourism facility or activities or is responsible for its management;“rafting” means an outdoor leisure activity pursued by way of floating on or over a water body in a raft;“special campsite” means an area identified for camping with no facility used for camping;“sport fishing” means fishing for recreational purposes;“tented camp” means accommodation establishment comprising mainly of semi permanent and, or mobile tented accommodation facilities located in an area with wildlife;“tourism” means activities of a person travelling to or staying at a place outside his usual environment for more than twenty four hours and less than a year and whose main purposes of travel is other than the exercise of an activity remunerated from within the place visited, and where this activity is undertaken by a resident it shall be known as domestic tourism;“tourist” means a person who is travelling to a place outside his usual environment for a period between twenty four hours and one year and whose purpose of travel is other than the exercise of an activity remunerated from within the place visited, and where this activity is undertaken by a resident it shall be known as domestic tourist;“tour guide” means a person who accompanies tourists and is capable of interpreting resources in areas where non-consumptive wildlife tourism activity is conducted;“traditional guide” means a person with indigenous wildlife guiding skills, informal education or knowledge who accompanies tourists in undertaking non-consumptive wildlife tourism activity;“visitor” means any person whose usual place of residence is outside an area visited, for a period not exceeding one year for reasons other than employment;“wildlife” shall have the same meaning ascribed to it under the Act;“wildlife corridor” means an area of land used by wild animal species in their seasonal movements from one part of an ecosystem to another in search of basic requirements such as water, food, space and habitat;“wildlife farming” means intensive animal husbandry, breeding or raising of one or more wild animal species on a totally enclosed surface area that is less than 25 hectares in a manner that is intended to domesticate the animal and with a view to engage in different forms of wildlife utilization;“wildlife ranch” means an area of extensive multiform utilization of species of wildlife where a wide range of complementary uses are professionally managed so as to render the animals compatible of tourist hunting, sport hunting, cropping, sale of live animals, tourism and sport fishing; and“Zoo” means a place where wildlife is kept in captivity for recreation, research and or educational purposes.Part II – Conditions and permits
4. Non-consumptive wildlife utilization
A person shall not operate non-consumptive wildlife tourism without having a licence issued under the Tourism Act, authorizing the holder to operate a facility or any other tourism business.[Cap. 65]5. Non-consumptive wildlife use permit
6. Investment in non-consumptive wildlife activity
7. Non-consumptive wildlife utilization in game sanctuary, zoo etc.
8. Criteria for designating areas for non-consumptive use
The Director shall, in designating an area for sustainable Non-consumptive uses in buffer zone, corridors, dispersal area, migratory routes and other areas with wildlife potentials consider the following criteria:9. Conditions for business and investment
Subject to regulation 6, the applicant for business or investment for non-consumptive wildlife utilization shall be required to:10. Conditions of research and educational activities
Any person who wants to conduct research or education activity in a conservation area shall upon obtaining necessary permits from the relevant authorities, apply for the entry permit to the Director and pay the prescribed fees.11. Non-consumptive use in hunting blocks
Non consumptive use activity shall be conducted in areas set aside as hunting block during the closed season provided that:12. Change of ownership or operator without notification of the Director
13. Restriction on non-consumptive wildlife activity without a guide
A person or group of persons undertaking non-consumptive wildlife activity shall be accompanied by a registered tour guide.14. No obstruction of lawful activity
Any person who carries out non-consumptive wildlife utilization business or activities in any area shall ensure that his operations are carried out safely, and are not likely to prevent any other duly authorized or licensed person or any other person from passing through or conducting other lawful activities or business.15. Non-consumptive use in private land
Any person who carries out any non-consumptive use activity in buffer zone, corridors, dispersal area, migratory routes, in a private owned and managed land shall only be required to pay wildlife activity fees prescribed in these Regulations.Part III – Fees and revenue sharing
16. Fees
17. Limitation to charging extra fees
18. Fees not refunded on cancellation
No payment made by a client shall be refunded upon cancellation of a permit issued for conducting non-consumptive wildlife utilization activities.19. Benefit sharing
The revenue accrued from non-consumptive wildlife utilization activities or business shall be distributed as follows:Part IV – Variation, suspension or revocation of a permit
20. Powers of Director to suspend, or revoke permit and vary conditions
Subject to Part VII(e) of the Act, the Director, a wildlife officer or a licensing officer may at any time revoke or suspend any permit or vary the conditions of a permit granted to any person under these Regulations.21. Permit holder to be heard
22. Appeal to minister
Part V – Miscellaneous provision
23. Offence and penalty
Unless otherwise provided, a person who contravenes the provisions of these Regulations commits an offence and on conviction shall be liable to a fine of two million shillings or to imprisonment for a term of one year or both.24. Revocation of GN. No. 357 of 2008
The Wildlife Conservation (Non-Consumptive Wildlife Utilization) Regulations, 2008 are hereby revoked.History of this document
20 May 2016 this version
19 February 2016
Assented to