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: 20JANUARY 2007

 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.

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 Phase

7.1) format of Biodiversity Management Plans for Species

8) Approval Phase

9) Implementation Phase

10) Outstanding issues still to be resolved

Acronyms & Definitions

Acronyms

AEWA – African Eurasian Migratory Waterfowl Agreement

BMP – Biodiversity Management Plan

BMP-S – Biodiversity Management Plan for species

CBD – Convention on Biodiversity

CBSG – Conservation Breeding Specialist Group

CITES – Convention on the International Trade in Endangered Species

DEAT – Department of Environmental Affairs and Tourism

IDP – Integrated Development Plans

IUCN - World Conservation Union

MEC – Member of the Executive Council

MOA – Memorandum of Agreement

NBSAP – National Biodiversity Strategy and Action Plan

NEMBA – National Environmental management Biodiversity Act

PHVA – Population and Habitat Viability Assessment

PVA – 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.

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.

1) Introduction

Biodiversity Management Plans for Species (BMP-S) is a tool to guide the management of indigenous species (and anysubspecific 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 andcompilation 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, butmeetthe basic criteria.

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 -

  • NEMBA;
  • the national environmental management principles;
  • the national biodiversity framework;
  • any applicable bioregional plan;
  • any plans issued in terms of Chapter 3 of the National Environmental Management Act;
  • any municipal integrated development plans;
  • any other plans prepared in terms of national or provincial legislation that is affected; and,
  • any relevant international agreements binding on the Republic.

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 toolsfor 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.

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 biodiversityas 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.

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.

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-S

Standards 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-S

Standards for norm 1.2:

  • All appropriate stakeholders (including government) should be identified and assessed according to:
  • The stakeholder group to which each belongs;
  • Their interests and mission; and,
  • Whether their activities positively and/or negatively impacting on the species and its habitat.
  • All appropriate stakeholders should be invitedand 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-S

Standards for norm 1.3:

  • Compilation of the first draft of a BMP-S can be done by either:
  • A consultant;
  • An expert on the species;
  • A panel of experts on the species; or,
  • During a stakeholder workshop; and,
  • The consultant should be an accredited or recognized specialist in this field.

Norm 1.4: Compilation of the final draft of a BMP-S

Standards 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.

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.