C. Legal Requirements

This section specifically addresses wildlife as a "product" Business pertaining to wildlife may also exist in the tourism arena, where tourist hunting and tourist wildlife viewing are important sub-sectors. In addition, trade in wildlife products is covered under section 4.11, Trade and Commerce. However, the purpose of this section is to address the laws, regulations and environmental impacts concerned with the actual production or taking of wildlife for meat, wildlife products such as horn, skins, and other uses.

Wildlife Conservation Act

The Act prohibits capture and hunting in Game Reserves and Game controlled areas without a permit (S. 26). The Act schedules different types of offenses and their respective penalties. The timing of hunting and type of weapon to be used are also regulated.

National Parks Ordinance

No takings of animals in national parks are allowed without a permit (s.16) and no constructing of traps or carrying weapons is allowed without a permit (s.17). Violation of each of these provision is an offence; penalties are specified for the former in schedules to the Wildlife Conservation Act; penalties are up to 20,000 Tsh. and/or up to 2 years imprisonment for the latter.

Ngorongoro Conservation Area Ordinance

The Wildlife Conservation Act prohibits "takings" of animals within one kilometre of the border of the Ngorongoro Conservation Area (NCA) without the permission of the Director of Wildlife and the Conservator of the NCA.

Marine Parks Act

Marine Parks and Reserves Act, Act no. 29 of 1994. Under the provisions of section 18, the Minister responsible for Tourism and Natural Resources is empowered to make regulations prohibiting, restricting and controlling entry into, and residence within, any marine park or reserve.

Specifically, the Act prohibits the carrying out of the following activities within a marine park or reserve without a permit and licence issued in accordance with its provisions. The prohibited activities are: fishing, hunting, killing or capturing any fish or animal or disturb any egg, nest or spawn within the marine park or reserve, gathering, collecting or removing any fish, animal, aquatic flora, or vegetation whether live or dead, or any sand, minerals, or aquatic flora, vegetation, or the products thereof or any sand, minerals, or substrate; possessing any weapon, explosive, trap or poison; engaging in acquaculture; making salt; conducting any sport fishing, tourism or other commercial activity and lastly, operating any vessel.

The Act expressly prohibits construction or any other activity whether authorised or not to be undertaken within a marine park or reserve without conducting EIA of such activities to meet legal, policy and practical requirements. It is imperative to note that licences and permits may be granted to individuals to carry out some of the activities described above only if they are consistent the general management plan and regulations. The permits must be expressly be made by the Warden or the Unit Manager.