NORMS AND STANDARDS FOR PROCESSES GROUP 4 doc/BMPSformsDraft .doc  · Web viewNEMBA defines...

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Norms and standards for Biodiversity Management Plans for species (BMP-S) produced under the auspices of the National Environmental Management Biodiversity Act (NEMBA) No. 10 of 2004 DRAFT TWO: 20 JANUARY 2007

Transcript of NORMS AND STANDARDS FOR PROCESSES GROUP 4 doc/BMPSformsDraft .doc  · Web viewNEMBA defines...

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Norms and standards for Biodiversity Management Plans for

species (BMP-S) produced under the auspices of the National Environmental Management Biodiversity Act (NEMBA)

No. 10 of 2004

DRAFT TWO: 20 JANUARY 2007

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Copyright 2006 by Department: Environmental Affairs & Tourism, Republic of South Africa

Recommended citation:

Department: Environmental Affairs & Tourism, Republic of South Africa. 2006. Norms and standards for Biodiversity Management Plans for species (BMP-S) produced under the auspices of the National Environmental Management Biodiversity Act (NEMBA) No. 10 of 2004. Department: Environmental Affairs & Tourism, Republic of South Africa.

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Table of Contents

Acronyms & Definitions

1) Introduction

2) Overview of the relevant legislation

3) Species for which Biodiversity Management Plans can be developed

4) Definitions of norms and standards

5) Biodiversity Management Plans and how they relate to conservation, action plans and PHVA’s

6) Considerations

7) Development Phase7.1) format of Biodiversity Management Plans for Species

8) Approval Phase

9) Implementation Phase

10) Outstanding issues still to be resolved

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Acronyms & Definitions

Acronyms

AEWA – African Eurasian Migratory Waterfowl AgreementBMP – Biodiversity Management PlanBMP-S – Biodiversity Management Plan for speciesCBD – Convention on BiodiversityCBSG – Conservation Breeding Specialist GroupCITES – Convention on the International Trade in Endangered SpeciesDEAT – Department of Environmental Affairs and TourismIDP – Integrated Development PlansIUCN - World Conservation UnionMEC – Member of the Executive CouncilMOA – Memorandum of AgreementNBSAP – National Biodiversity Strategy and Action PlanNEMBA – National Environmental management Biodiversity ActPHVA – Population and Habitat Viability AssessmentPVA – Population Viability Assessment

Definitions

Indigenous species: - NEMBA defines an indigenous species as a species that occurs, or has historically occurred, naturally in a free state in nature within the borders of the Republic, but excludes a species that has been introduced in the Republic as a result of human activity. It thus excludes agricultural and domesticated livestock and plants.

IUCN authority file code: - The IUCN authority files standardise the terminology used to describe species habitats and factors threatening species. Each listed threat has a code assigned to it.

IUCN Red Data List: - This is a list providing species risk of extinction (usually by taxonomic group). Each listed species would have been assessed against the IUCN Red List Criteria as the standard for assessing a species risk of going extinct within a specific time frame.

Long term Survival – means to ensure the survival of a species for the next human generation, approximately 30 years.

Migratory species: - NEMBA defines migratory species as an entire population or any geographically separate part of the population of any species or lower taxon of wild animals, a significant proportion of whose members cyclically and predictably cross one or more national jurisdictional boundaries. It thus excludes species that migrate exclusively within South Africa (e.g. Cape Leopard Toad).

Stakeholders - are all those who have an interest in a particular decision, either as individuals or representatives of a group. This includes people who influence a decision, or can influence it, as well as those affected by it.

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Species: - NEMBA defines a species as a kind of animal, plant or other organism that does not normally interbreed with individuals of another kind, and includes any sub-species, cultivar, variety, geographic race, strain, hybrid or geographically separate population. This definition applies in this document.

Threat: - any action that causes a decline and compromises the future survival of a species or anything that has a detrimental effect on a species. Threats can be human induced or natural. BMP-S should focus on mitigating human induced threats to species.

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1) Introduction

Biodiversity Management Plans for Species (BMP-S) is a tool to guide the management of indigenous species (and any subspecific taxa) and groupings of indigenous species that are adversely affected by similar threats and enables the evaluation of progress with regard to such management. It establishes measures to ensure the protection, conservation and sustainable management of indigenous species. It forms part of a dynamic and continuing management planning process and allows for review and monitoring of actions to accommodate changing priorities and emerging issues.

The National Environmental Management: Biodiversity Act (No. 10 of 2004) (NEMBA) provides the opportunity and legislative support for the development of norms and standards for the process, format and scope that should be used to develop biodiversity management plans for indigenous species. Section 43 of NEMBA states that any person, organisation or organ of state desiring to contribute to biodiversity management may submit to the Minister, for approval, a draft management plan for an indigenous or migratory species warranting special conservation attention.

In October 2006 a stakeholder workshop was called to initiate the development and compilation of norms and standards for the development process and format of biodiversity management plans for indigenous and migratory species under the auspices of the National Environmental Management: Biodiversity Act. A number of processes and formats have been adapted from other countries to compile biodiversity management plans for indigenous and migratory species. These have been designed to accommodate historical biodiversity management plans for indigenous species that predate the act, but meet the basic criteria.

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2) Overview of the relevant legislation: National Environmental Management Biodiversity Act (No. 10 of 2004).

2.1) Provision for the compilation and implementation of Biodiversity Management Plans for Species

NEMBA in section 43 (1)(b) and (c) provide for any person, organisation or organ of state, desiring to contribute to biodiversity management, to submit to the Minister for approval a draft management plan for an indigenous or migratory species warranting special conservation attention.

NEMBA section 44 empowers the Minister to enter into an agreement with any person, organisation or organ of state for the implementation of a Biodiversity Management Plan for species.

NEMBA section 9 enables the Minister to issue norms and standards for the achievement of any of the objectives of the Act, including the management and conservation of South Africa’s biological diversity and its components. This is the focus of this current document.

2.2) The purpose of Biodiversity Management Plans for species

NEMBA section 45 outlines the purpose of a Biodiversity Management Plan compiled for a species. Such a plan must -

- be aimed at ensuring the long-term survival in nature of the species to which the plan relates;

- provide for the responsible person, organisation or organ of state to monitor and report on progress with implementation of the plan; and

- be consistent with - o NEMBA;o the national environmental management principles;o the national biodiversity framework;o any applicable bioregional plan;o any plans issued in terms of Chapter 3 of the National Environmental

Management Act;o any municipal integrated development plans;o any other plans prepared in terms of national or provincial legislation that

is affected; and, o any relevant international agreements binding on the Republic.

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2.3) Stakeholder consultation

In terms of sections 9(2)(a) and 47(1) of NEMBA the Minister must follow the consultation process outlined in sections 99 and 100 of NEMBA before publishing norms and standards or adopting or approving a biodiversity management plan.

3) Species for which Biodiversity Management Plans can be developed

NEMBA defines a species as a kind of animal, plant or other organism that does not normally interbreed with individuals of another kind, and includes any sub-species, cultivar, variety, geographic race, strain, hybrid or geographically separate population. NEMBA defines an indigenous species as a species that occurs, or has historically occurred, naturally in a free state in nature within the borders of the Republic, but excludes a species that has been introduced in the Republic as a result of human activity.NEMBA defines migratory species as an entire population or any geographically separate part of the population of any species or lower taxon of wild animals, a significant proportion of whose members cyclically and predictably cross one or more national jurisdictional boundaries.

According to section 43(1)(b) and (c) of NEMBA, Biodiversity Management Plans can be compiled for any species

- listed in terms of section 56 (i.e. threatened by a restricted activity as defined by the act);

- which is not listed in terms of section 56 but which warrants special conservation attention; or,

- a migratory species to give effect to the Republic’s obligations in terms of an international agreement binding on the Republic.

NEMBA does not exclude the development of BMP-S for groups of species e.g. cave roosting bats

NEMBA section 56(1) deals with the listing of species that are threatened or in need of national protection due to being adversely affected by a restricted activity. A restricted activity is any physical harm (e.g. hunting, plucking, cutting…) or control exercised (e.g. capture…) over a species by a person. The Act provides a more comprehensive definition of a restricted activity.

Based on the definition of a species a Biodiversity Management Plan can be compiled for a resident or migratory species (and by the definition of a species: any sub-species, cultivar, variety, geographic race, strain, hybrid or geographically separate population) indigenous to South Africa, that can be managed for long-term survival in nature.

The compilation of Biodiversity Management Plans for indigenous and migratory species that warrant special conservation attention is one of the most important tools for the conservation of species that are not adversely affected primarily by restricted activities and therefore not listed in terms of section 56(1) of NEMBA.

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4) Definitions of norm and standard

A norm describes the desired situation. A standard provides the measurable information on what is expected of the norm.For example:

- The norm: Every boardroom in our office must have water and glasses.- The standard: There must be a minimum of 1 litre of water per boardroom

and not fewer than 6 glasses. The water must be replaced with fresh water daily.

Norms and standards can either be enforceable (decisive) or not (guidelines).

5) Biodiversity Management Plans and how they relate to conservation, action plans and PHVA’s

South Africa developed a National Biodiversity Strategy and Action Plan (NBSAP) in compliance with its obligations to the Convention on Biodiversity (CBD). The National Biodiversity Strategy defines specific long-term goals for conservation of biodiversity. The Action Plan specifies necessary actions, along with time frames, responsible institutions and financing for implementation of the Biodiversity Strategy.

Mpumalanga and KwaZulu-Natal have both completed Biodiversity Conservation Plans. These Biodiversity Conservation Plans are comprehensive environmental inventories for each province and are presented spatially. The Mpumalanga Biodiversity Conservation Plan indicates which areas have already been irreversibly transformed and for the untransformed areas which from a biodiversity perspective are irreplaceable, highly significant, important and necessary and the protected areas. Provincial Biodiversity Conservation Plans serve as a tool for planners and decision makers to assist them in land-use planning. The Biodiversity Conservation Plan contributes to sustainable development within each province.

The South Africa National Biodiversity Strategy and Action Plan and the provincial Biodiversity Conservation Plans include all the biodiversity of the respective areas. NEMBA defines biological diversity or biodiversity as the variability among living organisms from all sources including, terrestrial, marine, and other aquatic ecosystems and the ecological complexes of which they are part and also includes diversity within species, between species, and of ecosystems. By definition the forms of species (sub-species, cultivar, variety, geographic race, strain, hybrid or geographically separate populations) are all components of biodiversity.

Species Management and Action Plans assess the current threats and issues adversely affecting a species,. Once the issues and threats are identified; achievable, time-bound conservation targets and actions are investigated. In order for the plan to be implemented the appropriate individuals, institutions or organs of state must be identified to implement each action. Resources required and time-lines for implementation must be determined. An individual, institution or organ of state must be identified to take overall responsibility for implementation of the plan and reporting on progress.

Species Management and Action Plans thus outline the conservation of a species in their habitat. Consequently they contribute to the achievement of provincial Biodiversity Conservation Plans and thus the national Biodiversity Strategy and Action Plan.

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6) Considerations

Any format for compiling biodiversity management plans for species has strengths and weaknesses. By building on local experience and incorporating best practice from other parts of the world, it is hoped that the current norms and standards will be the best available. A further reason for incorporating international norms and standards is to ensure that the plans can be adapted to international formats so as to apply to international agreements (e.g. African Eurasian Migratory Waterfowl Agreement (AEWA), BirdLife International African Partnership, Conservation Breeding Specialist Group – Southern Africa, etc.).

BMP-S must exploit synergies with other programmes or systems to achieve workable models to change behaviour and encourage appropriate land use to retain key elements of biodiversity. An example includes dedicated agreements (NEMBA S44) with landowners to give effect to BMP-S as the only way to get real compliance would be farm by farm.

Experience has shown that the command and control approaches seldom work. Incentives to dealing with land use pressures adversely affected need to explored and implemented along with the above mentioned agreements.

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7) DEVELOPMENT PHASE

Norms and standards for the development process of Biodiversity Management Plans for species

Norm 1.1: Background information on the species must be compiled and circulated to all appropriate stakeholders prior to development of the BMP-SStandards for norm 1.1:

Species experts must be identified. The background information should be compiled by a recognized expert or panel

of experts on the species for which a BMP is to be compiled; The background information should contain information on the current status of

the species and information on known threats to the species; and, The background information on the species must be distributed to all appropriate

stakeholders and affected parties and property owners at least 1 month prior to development of the BMP-S

Norm 1.2: All appropriate stakeholders /role-players should participate in the development of BMP-SStandards for norm 1.2:

All appropriate stakeholders (including government) should be identified and assessed according to:

o The stakeholder group to which each belongs;o Their interests and mission; and, o Whether their activities positively and/or negatively impacting on the

species and its habitat. All appropriate stakeholders should be invited and allowed to participate; Affected parties must, in particular, be included; All stakeholders participating in the process must register with their name,

affiliation and contact details; The intention to develop a BMP-S must be published in the relevant media at

least 30 days before any participatory process for the compilation of the first draft commences; and,

Stakeholder consultation must be completed before submission of the BMP-S to the minister and preferably as early as possible in the process.

All affected landowners must be consulted.

Norm 1.3: Compilation of the first draft of a BMP-SStandards for norm 1.3:

Compilation of the first draft of a BMP-S can be done by either:o A consultant;o An expert on the species;o A panel of experts on the species; or,o During a stakeholder workshop; and,

The consultant should be an accredited or recognized specialist in this field.

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Norm 1.4: Compilation of the final draft of a BMP-SStandards for norm 1.4:

The first draft must be made available (by e-mail, post and/or meetings) to all appropriate stakeholders so that they can comment;

There must be a comment period of at least 30 working days; Commitment from implementers of identified actions should be obtained in the

form of a memorandum of agreement; Comments must be received and included in a final draft of the BMP-S; The final plan should be sent to all implementers of identified actions for

validation within 30 days; The lead agency responsible for implementing the BMP-S must be identified; The final plan should be compiled and submitted to the minister within 60 working

days of the end of the stakeholder comment period; and, The final plan should be a public document and copies should be available on

request to all stakeholders.

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7.1) Norms and standards for the format of Biodiversity Management Plans for Species

BMP-S can either be compiled for a single species (including sub-species, cultivar, variety, geographic race, strain, hybrid or geographically separate population) or a grouping of species facing a similar range of threats;

Clearly defined and uncomplicated terminology should be used so that BMP-S’s are easily accessible to the public; and,

Must be in English. Must be in paper and accompanied by an electronic version.

Norm 2.1: Title, Contents Page and Terms.Standards for norm 2.1: Introductory information required:

A Header page giving BMP-S title, authors, lead agency and implementing organizations;

A Contents page; and, A list of abbreviations, acronyms and a glossary of terms. List abbreviations, acronyms and glossary of terms separately in alphabetical

order; and, Define in the glossary all scientific and technical terms used in the BMP-S.

Norm 2.2. Executive summary.Standards for norm 2.2: Must contain an executive summary

Maximum of 1 page long in English; and, Translated into the home official language of all South African stakeholders.

Norm 2.3: Introduction.Standards for norm 2.3: The introduction must contain:

A succinct aims and objectives of the BMP-S; The aim should be a statement of a desired state the plan intends achieving at

the end of its implementation; The aim should describe and map the geographic area for which plan is

proposed; and, Be time-bound, with a stipulated date by which the desired state is to be

achieved. Timescales to be included; Biodiversity justification; Benefits of the plan; Briefly introduce the species and why it needs a BMP-S; Anticipated outcomes; and, Brief overview of the legal mandate.

Norm 2.4: Background. Standards for norm 2.4: The background must:

Summarize the conservation status and legislative context; Summarise everything known about the species and anything pertinent to

its management, in sufficient detail, including what is unknown and needs to be researched; and,

Identify role players, summarize planning methodologyStandards for norm 2.4.1: Conservation status and legislative context:

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o Parties responsible for management;o Compliance with NEMBA principles;o Context in National Biodiversity Framework;o Context in Bioregional plans;o Context in any other plans issued in terms of NEMBA;o Context in IDP of municipalities;o Context in international agreements;o Context in any other plans;o Status in terms of NEMBA, IUCN Red Data List, CITES, provincial

ordinances;o If not NEMBA listed, why does the species qualify for “special

conservation concern?”;o Cultural conservation status;o Motivation for assigning priority for this BMP-S; and’o Any existing BMP-S for this species or related species, or for species that

might be adversely impacted or affected by the management of this species.

Standards for norm 2.4.2: Species details:o Taxonomy, including subspecific and genetic information, if relevant and

available;o Distribution, migratory patterns (if applicable), habitat requirements,

biology and ecology;o Any ex situ populations and their status;o If known, the species’ role in the ecosystem e.g. umbrella, keystone,

flagship, mutualisms and dependencies;o Known diseases;o Population statistics and trends;o Threats;o Information on any utilization, which should include:

Impact of utilization based on empirical evidence; Monitoring of current use; and, Current quotas and permits issued;

o Past conservation measures; o Socio-economic (if applicable), including:

Use value of the species; Public awareness and knowledge; Ecosystem goods and services; Community benefits; and, Cost analyses. and,

o Research inventory and summary.Standards for norm 2.4.3: Role players and planning methodology:

o List all role players and organizations involved in developing and implementing BMP-S;

o List the processes followed in drawing up the BMP-S;o List all stakeholders;o Outline process followed for stakeholder consultation; o Outline the nature of agreements that will need to be/have been

developed with implementers of the BMP-S; and,

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o Reference to all relevant documents, agreements and policies, which will be appended to the BMP-S (as appendix 1);

If drafted by a non-expert on the species the quality of content must be verified and approved by relevant expert(s).

List the landowners where possible, if not, then the Districts

Norm 2.5: Threats and problems identified.Standards for norm 2.5: A statement of threats/problems adversely affecting the species will:

In tabular format, with the following columns, numbered for linking to norm 2.7;o List of threats;

List each threat along with the IUCN authority file code;o Description and nature of the threats;

Include an assessment of the magnitude and impact of the threat;o Prioritisation of threats by numerical ranking from 1 (most important)

downwards; The sequence of threats must be in order of prioiritization; and, Various methods can be used to determine and describe the threats, but should

include a problem tree analyses using expert opinion during a workshop or meeting.

Norm 2.6: Action Plan.Standards for norm 2.6: An action plan stating the objectives and actions for dealing with each of the threats / problems adversely affecting the species shall:

For each threat and problem in 2.6, the following is required:o Description of objective desired;o Detailed description of action(s) needed;o Rank each action by relative priority (if more than 1) ;

Identify implementing party(ies), and lead (responsible) party; Specify time frames (initiation, duration, completion date); Identify resources needed and costs; Identify potential positive and negative impacts of action; Identify incentives (where applicable); Develop measurable indicators; and,

o List inappropriate actions and explain why they could be detrimental; Objectives and actions need to be:

S – specificM – measurableA – achievableR – realisticT – timeous

Actions should be divided into actions at the international, national and local level for ease of reference by implementers, including organs of state at these different levels

It is permissible to list objectives with no action required for certain threats (e.g. minor threats, threats that cannot be mitigated, or that would be too expensive to implement), but some level of monitoring should be implemented;

There should be an emphasis on awareness-raising; and, It is permissible that an action may be to lobby change in provincial or national

legislation.

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Norm 2.7: Monitoring.Standards for norm 2.7: A monitoring programme must be developed that:

Includes a monitoring and reporting plan, with annual reports, for each action outlined under Action Plan:

o The sequence and numbering to follow that of the Action Plan;o For each action:

List the agency responsible for monitoring each action (this may differ from the implementing or lead agent); and,

Stipulate milestones, key events and thresholds in the measurable indicators to be reported on.

Norm 2.8: Stakeholder consultation list.Standards for norm 2.9: All stakeholders that registered and participated in the development of the BMP-S should be listed. This should contain:

o The stakeholder’s name;o The stakeholder’s group to which each belongs;o The stakeholder’s interests and mission; and, o The stakeholder’s activities that may positively and/or negatively impact

on the species and its habitat.

Norm 2.9: Proof of Compliance.Standards for norm 2.10: The Proof of compliance shall contain:

A list of all adverts to stakeholders detailing media and date; A list of all stakeholder meetings, workshops and fora held, with:

o Location and date; and,o List of participants;

A list of all stakeholders who commented on the first and final drafts:o Grouped into positive and negative responses; o Summarizing the response; and,o Detailing subsequent action taken in the drafts;

A checklist of norms and standards for both the development process and format, detailing that each norm and standard has been complied with.

Norm 2.10: References.Standards for norm 2.11: The reference list shall:

Contain references to all scientific studies, authoritative data and reviews; Contain references justifying actions and monitoring that are not intuitive or

obvious or that are multifaceted; and, Shall comply to a standard format as prescribed by a peer-reviewed scientific

journal for the species to which the BMP-S relates.

Norm 2.11: Appendixes.Standards for norm 2.12: Appendixes shall be included containing all relevant documents, agreements and policies, specifically:

A signed MoA for the lead agency; and, Signed MoA for all implementing agencies.

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9) APROVAL PHASE

Norms and standards for submission to the Minister of Environmental Affairs and Tourism for approval of Biodiversity Management Plans for Species

On submission of a BMP-S to the Minister of Environmental Affairs and Tourism for approvalNorm 3.1: The minister shall respond timeously and transparently to the receipt of a BMP-S:Standards for norm 10.1: The minister shall:

Acknowledgement receipt of a BMP-S within 15 working days; Reject for redrafting any BMP-S that does not follow the format of norms and

standards within 30 working days after acknowledgement of receipt; and, In the event of an acceptably drafted BMP-S, reject, return for revision or publish

a BMP-S within 90 working days after acknowledgement of receipt.

Minister verifies compliance with the norms and standards for compiling BMP-S:Norm 3.2: The minister shall check the compliance of the substance of the BMP-S to the norms and standards:Standards for norm 3.2: The minister may:

request independent opinion or review as to the validity of actions, costings, timelines and monitoring effectiveness;

reject outright a BMP-S, giving reasons; return a BMP-S for amendment or revision, giving reasons; or, publish the BMP-S and call for comments (NEMBA section 99 & 100)

Minister assesses comments on the BMP-S:Norm 3.3: The minister shall respond timeously to the receipt of comments on a BMP-S:Standards for norm 3.3: The minister shall:

Compile a list of comments on the BMP-S; Reach a decision, or appoint a committee or reviewer, to reject or approve the

BMP-S within 90 days of the closure date for comments; The minister may:

o Reject a BMP-S as flawed or not executable;o Refer a BMP-S back for amendment or revision for compliance, as per

comments received; or, o Approve the BMP-S;

On approval of a BMP-S the minister shall appoint a lead agency and publish the BMP-S in the Government Gazette within 9 months.

Minister appoints an implementing agent for the BMP-S:Norm 3.4: The minister shall appoint an implementing agent:Standards for norm 3.4: The minister shall, based on the lead implementing agency identified in the BMP-S:

If required, independently obtain proof of the lead agency’s:o Relevant experience;o Financially capabilities; o Resources and, o MOA or agreement to task.

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The minister may appoint the implementing agent in the BMP-S. In the event of the lead agency being non-compliant the BMP-S will be

rejected.

10) IMPLEMENTATION PHASE

Norms and standards for implementation of Biodiversity Management Plans for Species

Minister must: review, assess compliance and verify achievement of the aim and objectives of a BMP-S: Norm 4.1: Minister must (at least every 5 years): review, assess compliance and verify achievement of the aim and objectives of a BMP-S published in the Government GazetteStandards for norm 4.1: The minister:

Shall assess compliance and achievement of the aims and objectives as per the monitoring section of the annual reports;

May request any additional information to allow the assessment of compliance and achievement of the aims and objectives; and/or,

May appoint an inspector (at his/her own costs and according to standard inspection protocol) to check compliance especially if objection raised or suspected problems are detected;

Annual Reports:Norm 4.1: An annual progress report on implementation of a BMP-S must be submitted to the Minister.Standards for norm 4.1: The annual report must include:

Header page giving BMP-S title, authors, lead agency and implementing organizations as in the original BMP-S;

Executive summary as in the original BMP-S; A brief introduction; Report on progress on each action as contained in the BMP-S:

o All Actions to be included in each annual report, even those actions inactive or completed;

o Progress to be evaluated against benchmarks identified in the BMP-S;

o Identify problems, bottlenecks, impediments to achieving the action.

Report on progress towards achievement of objectives contained in the BMP-S;

Where required (e.g. Government funded implementation) a financial report on the use of funds provided; and,

Suggested amendments to the BMP-S, with reasons and compliant with norms and standards for action plan and monitoring;

The annual report shall be submitted by the first day of March every year for the duration of the BMP-S.

Ministers Responses to Annual ReportsNorm 4.1: The Minister may accept the annual report or if an objection is raised appoint an inspector:

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Standards for norm 4.1: The minister: Must acknowledge satisfactory acceptance of a BMP-S within 30 days. May request further clarification on any action that is not adequately

reviewed in the report within 30 days, to be executed within 30 days of receipt.

May Appoint an inspector (at his/her own costs and according to standard inspection protocol) to check compliance, especially if an objection is raised or there are suspected problems;

Must publish and call for comments (NEMBA sections 99 & 100) on any amendments made to the BMP-S;

May request a redraft of the BMP-S, and even the drafting of an entirely new BMP-S if the amendments are sufficient to warrant it.

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10) Outstanding issues still to be resolved

1. The minister should (may) appoint a panel/committee of relevant legal and biological experts (relevant to taxon in question) to assess whether the quality of information provided is acceptable and to make recommendations.Should this be a once off committee or a standing committee?If all stakeholders are involved, how can this be an independent committee?

2. Do we need a list of guidelines for prioritizing BMP-S’s? This should be used on a case by case basis. Or would the priority effectively be determined by the degree of commitment of the lead agencies?

3. Central organization (either DEAT or SANBI under its monitoring obligation) to coordinate a database of existing BMP-S. This list must be consulted as part of the development of any BMP-S.

4. Protocols required for if a plan already exists (in which case how could all stakeholders have been consulted), or if a need to seriously amend a plan, or to fit new plans into an existing management plan. <or just repeat the public participation and produce an new BMP-S and submit to minister>

5. Facilitating development of BMP-S for those who cannot/have no experience in drafting plans or documents of this nature:

a. Need a concept document which includes guidance to drafters;b. This includes advice on seeking partnerships with conservation

organizations / NGO’sc. Nature conservation organizations to provide assistance where possible

6. CONTRARY TO PREVIOUS CLAIMS:Rare domestic animal breeds do not qualify for BMP-S as they are not indigenous (in terms of the definition within the act) nor can the be conserved in nature as required by the act.

7. Is a special format or N&S required for a FINAL Report?