PART X
CONSUMPTIVE AND NON-CONSUMPTIVE USE OF WILDLIFE
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52. No hunting without license
(1) Save as otherwise expressly provided in this Act, a person shall not hunt any specified animal or scheduled animal except under and in accordance with the conditions of a hunting license issued to that person.
(2) Any person who wounds an animal shall use all reasonable endeavors to kill it at the earliest opportunity.
53. General provisions relating to game license
(1) A hunting license may be issued by a licensing officer upon an application made in writing in the prescribed form and upon payment by the applicant of the prescribed fee.
(2) A hunting license shall not be granted to an applicant who fails to satisfy the licensing officer -
(a) that he has attained the apparent age of eighteen years;
(b) that he is in possession of a valid firearm licence in respect of the firearm intended to be used in hunting;
(c) in the case of a licence for the hunting of a specified animal, that he is a citizen of Tanzania or that he has been ordinarily resident in Tanzania for a period of not less than twelve months immediately preceding the date of the application;
(d) that he has a reasonable knowledge of the use of a firearm for the purpose of game hunting, as may be prescribed by the Director General;
(e) that he has not been convicted of an offence under this Act or similar legislation designed for the conservation and management of wildlife in Tanzania or any other jurisdiction;
54. Access to wildlife by traditional community
(1) The Minister may, by order in the Gazette, declare any community to be traditional community for the purpose of this Act and prescribe conditions to regulate the utilization of wildlife.
(2) The Director General may grant a traditional community a licence to hunt such number of specified animals subject to such terms and conditions for such period as may be specified in the licence.
(3) The Minister may, by order in the Gazette, designate areas of land for resident hunting and the modalities of hunting of animals by residents in such areas.
(4) Every resident hunter shall, within thirty days after the hunting of an animal, treat properly the skin of the animal or any other trophy and ensure that the skin or any other trophy is handed over to registered taxidermy or a licensing officer and the taxidermy or licensing officer, as the case may be, shall be required to register the trophy.
55. Hunting of specified and scheduled animals
Without prejudice to the preceding provisions of this Part, every hunting licence shall specify the species and number of specified or scheduled animal, which may lawfully be hunted by the holder and shall be valid for such period as, may be prescribed.
56. Unlawful hunting of specified or scheduled animals
Any person who –
(a) not being a holder of a hunting Licence, hunts, kills or wounds any specified animal or scheduled animal; or
(b) being a holder of a hunting licence, hunts, kills or wounds -
(i) a specified animal or a scheduled animal of a species, category, type or description other than that specified in the licence;
(ii) a number of specified animals or scheduled animals larger than those authorised by the licence; or
(iii) a specified animal or scheduled animal in an area other than the area specified in the Iicence, commits an offence and on conviction –
(aa) in the case where the conviction relates to the hunting or killing of an animal specified in Part I of the First Schedule to this Act, to imprisonment for a term of not less than five years and the court may in addition thereto, impose a fine of an amount not less than twice the value of the animal hunted or killed;
(bb) in the case where the conviction relates to the hunting or killing of an animal specified in Part II of the First Schedule to this Act, to imprisonment for a term of not less than four years and the court may in addition thereto, impose a fine not less than twice the value of the animal hunted or killed;
(cc) in the case where the conviction relates to hunting or killing of an animal specified in Part III of the First Schedule to this Act, to imprisonment for a term of not less than three years and in addition thereto, the court may impose a fine of not less than twice the value of the animal hunted or killed; or
(dd) in the case where the conviction relates to wounding of an animal, to a fine of not less than twice the value of the wounded animal or to imprisonment for a term of not less than two years.
57. Professional hunter’s license
(1) A person shall not work as a professional hunter unless he has a professional hunter's license issued under this Act.
(2) The Director General shall not issue a professional hunter’s license to the applicant unless he is satisfied that the applicant-
(a) is over twenty three years of age;
(b) is a holder of a certificate in professional hunting from the College of Wildlife Management or any other recognized wildlife institution and has a thorough knowledge of this Act, other relevant laws and international agreements on the control and management of the hunting industry;
(c) has undergone a three years apprenticeship in a recognized tourist hunting company; and
(d) Has successfully completed any test as may be required.
(3) A professional hunter’s license shall be divided into two categories as follows:
(a) Category A which shall allow the holder to supervise the hunting of any animal; and
(b) Category B which shall allow the holder to supervise hunting of non-dangerous animals.
(4) Subject to the provision of subsection (3) a professional hunter’s license shall entitle the holder to supervise hunting of any animal permitted under this Act and guide any type of trophy hunting in accordance with this Act or any other relevant law.
(5) Every tourist hunting company shall ensure that the minimum number of citizen professional hunters under its employment is not less than fifty percent at any particular time.
(6) The preceding provisions of this section shall not apply during the grace period of three years in which hunting companies shall be allowed to attach apprentice graduates.
58. Professional hunter’s license for a non-citizen
(1) A professional hunter license for a non-citizen shall, in addition to the conditions stipulated under section 53 be endorsed with the name of the employer of the hunter, who shall be the same as the one endorsed on the work permit.
(2) Where any change of employer by a non-citizen professional hunter occurs, the professional hunter license shall be invalidated and be handed over to the Director General within fourteen days of such change.
(3) Where a professional hunter’s license is invalidated a new professional hunter license may be applied for, for purposes of endorsing the name of the new employer, and may be issued without requirement of testing.
(4)The Director General may attach any conditions to the license as he may determine.
59. No animal to be captured without permit
(1) Save as otherwise expressly stated in this Act, no person shall capture any animal, whether or not such animal is a specified animal in any schedule to this Act, except under and in accordance with the conditions of a capture permit issued to him under this Act.
60. Grant of capture permit
The Director General may, subject to the approval of the Minister grant a capture permit subject to such conditions as to the method of capture, care, stabling, feeding, crating, transporting and exporting of animals as specified in the regulations.
61. General provisions relating to capture permits
(1) A capture permit shall be in the prescribed form specifying the animal and the area within which the animal may be captured.
(2) A capture permit shall be valid for such period as the Director General may specify.
(3) There shall be charged in respect of a capture permit such fee as the Minister may prescribe upon recommendation by the board, by order in the Gazette.
(4) Subject to the provisions of subsection (3), any local authority shall, after consultation with the Director General and approval in writing by the Minister, charge royalty in respect of a capture permit.
62. Unlawful capture of animal
Any person who-
(a) not being a holder of a capture permit, captures any animal;
(b) being a holder of a capture permit, captures -
(i) a category, type or description of an animal species other than that specified in the permit; or
(ii) a number of animals more than those authorized by the permit; or
(iii) an animal in an area other than the area specified in the permit, commits an offence and on conviction –
(aa) in the case where the conviction relates to the capture of an animal specified in Part I of the First Schedule to this Act, to imprisonment for a term of not less than three years and the court may in addition thereto, impose a fine of an amount not less than twice the value of the animal captured;
(bb) in the case where the conviction relates to the capture of an animal specified in Part II of the First Schedule to this Act, to imprisonment for a term of not less than four years and the court may in addition thereto, impose a fine not less than twice the value of the animal captured;
(cc) in the case where the conviction relates to the capture of an animal specified in Part III of the First Schedule to this Act, to imprisonment for a term of not less than three years and in addition thereto, the court may impose a fine not less than twice the value of the animal captured; or
(dd) in the case where the conviction relates to wounding an animal in the cause of capturing it, to a fine of not less than twice the value of the animal wounded or to imprisonment of not less than two years.
