REGISTERING OF HUNTING PLOTS/BLOCKS IN TANZANIA

REGISTERING OF HUNTING PLOTS/BLOCKS IN TANZANIA

The Law regulating the operations of the Hunting Blocks and entire Tourist Hunting sector is mainly the Wildlife Conservation Act as supported by the Tourist Hunting Regulations, 2010 as well as The Wildlife Conservation (Wildlife Management Areas) Regulations 2012 among others. Under the Tourist Hunting Regulations, the hunting blocks can be established by declaration of the Director of Wildlife within Game Reserves, Game Controlled Areas, Open Areas, Wildlife Management Areas, and other areas provided that they are not protected areas. The law stipulates that such blocks would be categorized depending on their nature, size, quota, and land use planning. Hunting Blocks within Wildlife Management Areas (WMAs) must be designated in alignment with the Resource Zone Management Plan (RZMP) or the General Management Plan (GMP) of the said WMA.

REGISTRATION OF HUNTING BLOCKS/PLOTS IN TANZANIA.

1. Applications for Hunting Blocks (other than WMAs)

Under the Hunting Regulations (Regulations 9 and 10) an applicant (with the above-highlighted qualities and attachments) shall submit a formal application in the prescribed form. The Application is submitted to the Director of Wildlife and pegged for assessment in accordance to set standards to be outlined hereunder.

2. Applications for Hunting Blocks in WMAs

Wildlife Management Areas are different from the other areas under the purview of the Act. These are designated in areas that are used by local community members within village lands and outside protected areas. Basically, the management of such areas is put under Community-Based Organizations (CBOs) which have attained what is called an Authorized Association (AA) status.

In this aspect, therefore, subject to The Wildlife Conservation (Wildlife Management Areas) Regulations applications for hunting block allocations are advertised by the AA and the applications are sent to the AA. The AA will, in conjunction with representatives of the Director of Wildlife and District Council assess the same following the same criteria as for allocations in other Areas.

3. Criteria for Assessment of Applicants of Hunting Block Allocation

The law has categorized Applicants for hunting blocks into two groups namely, a fully Tanzanian owned hunting company; and a foreign owned company or not fully owned by Tanzanians. Factors for assessment of each type entails bringing forth proof of the following issues;

The Director of Wildlife however retains the power to require an applicant to deliver original copies of the said documents for purposes of authentication.

4. Tenure of Allocation

The Hunting Regulations have been explicit on this point. The Minister is tasked to declare the tenure of such grants in the gazette and the same shall be for five (5) years from the date of declaration. Breakthrough Attorneys’ lawyers took part in negotiating, drafting, and sealing various Investment Agreements for different companies and hunting blocks when the current tenure of allocation (2013 – 2018) was declared sometime in the year 2012 and previously in the interim period of 2010 – 2013.

The law entails that any person that is allocated a hunting block after the commencement of the tenure period of ownership shall be allocated for only the remaining period of tenure, and hence the current declaration of grants for only three (3) years between 2015 – 2018.

5. Notifications, Grants, and Fees

Notifications

The Director of the Wildlife is required to acknowledge receipt of an application for allocation to an applicant within fourteen (14) days of receipt thereof. The Director will then immediately apply (s) for a hunting block to the Hunting Block Advisory Committee (HBAC) which is tasked to deliberate and assess applications.

The Minister will afterward, discretionally and on the advisement of the HBAC allocate the Hunting Block to a deserving Company. The allocation must be done within ninety (90) days from the deadline day of the application submission.

Block Fees

Fees for the hunting blocks are in clusters based on the hunting block’s categories are stipulated in the law and they must be paid every year by 31^st March.

6. User Rights, Transfer of User Rights, Quota Control and Related Matters

Hunting & Quota

Subject to the payment of fees for the hunting block and related levies, the grantee of a hunting block is at liberty to conduct tourist hunting therein. Of course, this liberty is subject to further restriction on the amount of hunting quota that is granted to the hunting company. The Company is also tasked with controlling the quota within the block. Trophies hunted must be exported outside the block within twelve (12) months otherwise the hunting company should apply for a longer storage permit with a surcharge fee of 10% value of the trophies chargeable, in case the permit is granted.

Hunting Permits and Licenses – (Professional Hunters and Tourists)

A hunting safari must be commandeered by a licensed professional hunter together with either a Wildlife Officer or Certified Village Scout where the block is within a WMA. The Tourist Hunter must as well be having a hunting Permit from the Director of Wildlife.

Transfer of User Rights

• Payment of transfer fee (statutory fixed
• Submission of all documents relating to the transfer agreement
• Proof of payment of all necessary taxes and authorization from other laws
• Proof that the transferee does not own five or more hunting blocks.

NOTE:

1. Any change of majority shareholding ownership in a grantee of a hunting block is deemed a transfer of user right and needs to be sanctioned by the Minister beforehand.
2. Upon satisfaction of the above conditions, the Minister may approve the transfer.

7. Extensive Powers of the Minister and the Director of Wildlife

The Law and its regulations have vested a lot of discretional powers on the Minister and the Director of Wildlife. These powers open leeway for abuse of power and corrupt practices. The Minister personally, has wide powers which include; declaring blocks, granting and canceling allocations, approve transfers, and so forth. The Director on the other hand has powered on issuing licenses, permits, hunting block certificate of a grant, setting standards of trophies for each hunting company, etc.