KAMALIKA PIERIS

The government of Sri Lanka issued a new gazette on elephants in 2021. It is titled    Fauna and Flora (Protection, Well-being and Regularization of Registration of Tamed Elephants) Regulations No. 01 of 2021”. This replaces Registration and Licensing of Tuskers and Elephants Regulations, 1991 published in the Gazette Extraordinary No. 662/4 of 14. May, 1991.

The new gazette is a treat to read even for those who do not own elephants. It is easier to register a baby or a car than it is to register an elephant.

The Gazette has three separate application forms, one for ‘Registration of a tamed elephant,’ another form for ‘Registration of an unregistered elephant that is currently in the custody of an owner’ and a third form for ‘Obtaining Elephants for a Historical or Cultural Procession.’

First registration.

The application form for the Registration of a tame elephant calls for the following information, address of the place where the elephant is kept, including province, district, divisional secretariat division and Grama Niladhari division.

The application must state whether it is an i) elephant, ii) tusker or iii) she elephant (sic). A DNA test must be done on the elephant and the DNA information stated in the application. The elephant must be microchipped and the microchip number stated. A certificate obtained from the Veterinary Surgeon with regard to microchip must be attached.

Information must also be provided on the mahout assigned to the elephant. His name, address, N.I.C. number, experience, awards, certificates received and medical certificate.

The prospective owner is thoroughly grilled.  Does the applicant own other elephants?  If so, number of elephants, registration numbers of such elephants, and how they were obtained. If any had died, was it a natural death or something else.

There is a separate section in the application form, headed The economic potential of the applicant to care for the elephant”. The owner of the elephant has to furnish bank reports, details of all income generation including any property. If property then the lands must be named and certified copies provided  with details for the last three years.

The applicant must   formally declare that  he has the potential to care for the elephant   and can ensure the well-being and protection of the elephant. But that  alone is not enough.

The applicant must  show that he can provide for the   following specific  needs of the elephant. He must show the way of getting food for the elephant, the way of getting water (to drink and bath) for the elephant, the way that the elephant is retained when in musth,  the  way of getting necessary treatments  and the way of obtaining transportation facilities for the elephant.  There are separate spaces in the form for these answers.

 If the elephant is used for peraheras, then the name (chapter) of the temple that obtains the elephant must be named and a detailed account of the procession and cultural activities done by the temple or devale must be given.

Approval

 Every application for registering an elephant has to go before an Examinations Committee which consists of    six persons,

i Additional Secretary from the Wildlife Ministry .He chairs the committee.

ii. Government Agent of the District within which the applicant resides

iii Additional secretary from Home ministry

iv. Deputy Director or Veterinary Surgeon of the Department of Wildlife Conservation

 v. Director of the Buddhist Affairs Department

vi Chairman, Secretary or Treasurer of the Tamed Elephant Owners Organization

The  application then  goes before a Recommendation Committee which consists of

(a)  Secretary ( sic)

[probably Secretary, Department of Wildlife Conservation]

(b)  Secretary to the Ministry which includes Public Administration

(c) Director General (sic) [probably DG, Wildlife conservation.]

(d) Commissioner-General of Buddhist Affairs

(e) Director-General of the Department of National Zoological Gardens.

The  application form  ends with space for two recommendations.

1. Recommendation from Association of  Owners of tamed elephants carrying the  Signature of the Chairman or Secretary Tamed Elephants Owners’ Association and the Official Seal. 
2. Recommendation from the Secretary of the Ministry of Buddhasasana, Religious and Cultural Affairs / Commissioner General of Buddhist Affairs.

Data record Book.

The owner of an elephant  must maintain a Data Record Book and show it every six months to the Department of Wild Life Conservation. Data Record Book is issued by the Department of Animal production and Health  and contains:-(a) Data sheet;(b) Treatment history sheet;(c) Vaccination sheet. The  Data Record Book  must also carry photographs of the elephant. The front view of the head and trunk,  side view (Left) (3″x4″)  and side view (Right) (3″x4″)

Registering  an unregistered elephant.

 Application Form for the Registration of an unregistered elephant  presently in the custody of an owner   insists on photographs of the elephant, back , front and side. Front view of the elephant showing the head and trunk (3″x4″)Rear view of the elephant showing hind quarters and tail (3″x4″) , side view of the elephant(left) (3″x4″) and side view of the elephant(right) (3″x4″)

 Licence

The  application for a  Licence for the Registration and Detaining a Tame Elephant   wants further measurements in addition to the measurements mentioned above. Height up to the shoulder  must be stated in feet and inches and circumference of the front foot in inches. any other significant features or deformation of body parts must be recorded.

the licence is valid for a period of one year from the date of issue . It has to be renewed every year. The elephant therefore is like a car, not a baby. If such license is misplaced or stolen, the owner must inform the prescribed officer, the Divisional Secretary of the Division or the Officer in charge of the Police Station of the relevant area within which the elephant is usually kept. ( sic)

Renewal of licence

The application for renewal of licence must carry photographs of the elephant, front, back and sides as well as  height up to shoulder. also information on tusks,  length of right tusk in feet and inches, also left tusk .

Obtaining Tamed Elephants for a Historical Cultural Processions

if a Devalaya or a temple  wants an elephant for a perahera the trustee or the viharadhipathi of such Devalaya or a temple, must apply to the Tamed elephants Owners’ Organization, who will endorse the application and send it Commissioner General of Buddhist Affairs for recommendation.

if approval is given,  the Secretary to Buddha Sasana Ministry  must send the application to the Secretary , Wildlife,  who will then direct  either Director-General of Wildlife or the National Zoological Gardens, to send the elephant and keep a record of the matter.

the Application must provide detailed information on the proposed  perahera. its name, location,  procession route and time period. also it must indicate the facilities to be provided for the elephant,  such as size of its shelter, the provision of food  drink, water to bathe in, information on the mahout and the presence of a vet. These are all listed in the form.

Transport

Instead of the elephant providing transport, now  vehicles must transport the elephant.  but the elephant must not be transported continuously for more than twelve hours. The vehicle must be able to carry that amount  of weight, and must hold the required permit. it must have a minimum of  six wheels. Where two elephants are transported  the  vehicle must have at least ten wheels.

When any elephant is being transported, the vehicle must exhibit a board indicating that an elephant is being transported, and the speed of such vehicle shall not exceed thirty (30 km) per hour.

Living conditions

*Elephants must be provided with a stable or any other traditional natural elephant tethering with sufficient shade and ventilation in a clean and healthy environment with  suitable drainage system and waste disposal system;

*The height of the stable must suit  the height of the elephant

*The roof must be  insulated  with gunny bags, straw, cadjan leaves or such other material in order to minimize the heat inside the stable. if the roof  consists of iron or asbestos planks something must be done to minimize the heat inside the stable

*Where any natural elephant tethering is made, it shall be made under the shade of a huge strong ramified tree and  there must be facilities for resting the hind limbs of the elephant

* If the place in which the elephant is kept is exposed to lightning, a lightning conductor must be  fixed.

*When an elephant is in musth or agitated and requires to be tied, protective knots  made in accordance with the traditional methods  must be used.

*An  elephant shall be bathed not less than for two and a half 2 ½  hours daily except when transporting or on the days of the perahera.

*No person shall light crackers or shoot near any elephant except the traditional gun fire which is essential in traditional processions;

*An elephant shall be subject to a full medical examination by a Veterinary Surgeon or a Registered Traditional Doctor once in six months and this must be recorded in the treatment history sheet

* Every elephant shall be examined by a Veterinary Surgeon or Registered Traditional Doctor who treats elephants to ascertain whether such elephant is suffering from a nutritional deficiency or any other infirmity  If so, it must be given the food and  medicine prescribed. this must be endorsed when the permit is renewed

*Every elephant shall be allowed sufficient time to sleep and in the case of an elephant below five years of age, be allowed to sleep for a longer duration than that

*Any person who takes care of an elephant  must have more than three acres of land  for the elephant to use. In case of more than one elephant, one acre each shall be added for each   new elephant

*A trained and experienced mahout shall be engaged to take care of the elephant. The owner must make sure that the  mahout is not drunk when on duty.

*The mahout must follow the training programme conducted by the Department of Wildlife Conservation in collaboration with the Department of National Zoological Gardens and the Tamed Elephants Owners’ Organization.

Work conditions

**Timber or any other weight shall not be transported with the direct use of tusks or jaws of such elephant except in accordance with traditional methodology using mouth piece or harness

**The weight carried by the elephant in this manner shall be less than one third (1/3) of the weight of the elephant

**An elephant  must not be made to work in extremely unfavorable hot weather conditions

**When elephants are decorated for functions, using lights, generators or any other dangerous electricity supply shall not be used and batteries with a minimum electric power  must be used to prevent any harm to the elephant;

**an elephant must not be made to walk for long durations on tar roads during extremely hot weather conditions except for perahera or bathing

**An elephant shall not be engaged in any work during the night except for a procession

**An elephant must not be made to swim across dangerous waterways or rivers. (continued)