presented by: mr. theo venter, dr gary bauer & mr. george nell mr. theo venter, dr gary bauer...

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Presented by: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. Theo Venter, Dr Gary Bauer & Mr. George Mr. George Nell Nell Presentation to the Portfolio Committee on Safety and Presentation to the Portfolio Committee on Safety and Security Security 11 August 2006 11 August 2006 Cape Town Cape Town The Firearms Control Act: The Firearms Control Act: (Act 60 of 2000) (Act 60 of 2000) Comments on Amendments Comments on Amendments

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Page 1: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

Presented by:Presented by:

Mr. Theo Venter, Dr Gary Bauer & Mr. Theo Venter, Dr Gary Bauer & Mr. George NellMr. George Nell

Presented by:Presented by:

Mr. Theo Venter, Dr Gary Bauer & Mr. Theo Venter, Dr Gary Bauer & Mr. George NellMr. George Nell

Presentation to the Portfolio Committee on Safety and SecurityPresentation to the Portfolio Committee on Safety and Security

11 August 200611 August 2006

Cape TownCape Town

The Firearms Control Act:The Firearms Control Act:(Act 60 of 2000)(Act 60 of 2000)

Comments on AmendmentsComments on Amendments

The Firearms Control Act:The Firearms Control Act:(Act 60 of 2000)(Act 60 of 2000)

Comments on AmendmentsComments on Amendments

Page 2: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

OutlineOutline OutlineOutline

Representing organised huntingRepresenting organised hunting

The hunting traditionThe hunting tradition

Hunting valuesHunting values

The economic contribution of the hunting The economic contribution of the hunting industryindustry

Specific amendments to the FCASpecific amendments to the FCA

ClosureClosure

Page 3: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

We representWe represent We representWe represent

Eastern Cape Game Management Association (ECGMA)Eastern Cape Game Management Association (ECGMA)

Confederation of Hunting Associations of South Africa Confederation of Hunting Associations of South Africa

(CHASA)(CHASA)

KwaZulu-Natal Hunters and Conservation AssociationKwaZulu-Natal Hunters and Conservation Association

Lowveld Hunters and Conservation AssociationLowveld Hunters and Conservation Association

National Shooting AssociationNational Shooting Association

Professional Hunters of South Africa (PHASA)Professional Hunters of South Africa (PHASA)

South African Hunters and Game Conservation South African Hunters and Game Conservation

Association (SAHGCA)Association (SAHGCA)

SA WingshootersSA Wingshooters

Page 4: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

We are organised inWe are organised in We are organised inWe are organised in

All accredited and recognised

hunting associations.

All accredited and All accredited and recognised hunting recognised hunting

associations in associations in consultation with the consultation with the

CFR.CFR.

Page 5: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

WHAT WE DOWHAT WE DOWHAT WE DOWHAT WE DO

We are huntersWe are huntersWe are huntersWe are hunters……hunting is…hunting is………hunting is…hunting is…

A very basic human A very basic human activity and skillactivity and skill

A very basic human A very basic human activity and skillactivity and skill

An opportunity for personal An opportunity for personal growth and developmentgrowth and development

An opportunity for personal An opportunity for personal growth and developmentgrowth and development

A responsible commitment to A responsible commitment to conservationconservation

A responsible commitment to A responsible commitment to conservationconservation

A major industry A major industry supporting people and supporting people and creating employmentcreating employment

A major industry A major industry supporting people and supporting people and creating employmentcreating employment

A large A large development development opportunityopportunity

A large A large development development opportunityopportunity

A tourism A tourism opportunityopportunityA tourism A tourism

opportunityopportunity

Page 6: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

COLLECTIVELY WE CONTRIBUTE TO:COLLECTIVELY WE CONTRIBUTE TO:COLLECTIVELY WE CONTRIBUTE TO:COLLECTIVELY WE CONTRIBUTE TO:

Trophy and overseas Trophy and overseas hunters R1200 millionhunters R1200 millionTrophy and overseas Trophy and overseas hunters R1200 millionhunters R1200 million

Leisure huntingLeisure huntingR3100 MillionR3100 Million

Leisure huntingLeisure huntingR3100 MillionR3100 Million

Consumables/Consumables/Books/ medicalBooks/ medical

R200 millionR200 million

Consumables/Consumables/Books/ medicalBooks/ medical

R200 millionR200 million

Game Auctions/ Private Game Auctions/ Private salessales

R200 millionR200 million

Game Auctions/ Private Game Auctions/ Private salessales

R200 millionR200 million

Infrastructure/Infrastructure/VehiclesVehicles

R100 millionR100 million

Infrastructure/Infrastructure/VehiclesVehicles

R100 millionR100 million

Firearms IndustryFirearms IndustryR150 millionR150 million(licensing)(licensing)

Firearms IndustryFirearms IndustryR150 millionR150 million(licensing)(licensing)

WingshootingR400 million

WingshootingR400 million

BirdingR100 million

BirdingR100 million

TaxidermyExport and local

R300 million

TaxidermyExport and local

R300 million

TranslocationTranslocationR130 millionR130 million

TranslocationTranslocationR130 millionR130 million

Provincial PermitsProvincial PermitsR20 millionR20 million

Provincial PermitsProvincial PermitsR20 millionR20 million

BowhuntingBowhuntingR100 MillionR100 MillionBowhuntingBowhuntingR100 MillionR100 Million

Lodges and tourismLodges and tourismR100 millionR100 million

Lodges and tourismLodges and tourismR100 millionR100 million

Investment in 15000 game Investment in 15000 game farms of which 9000 are farms of which 9000 are excluded game farms.excluded game farms.

R20,000 millionR20,000 million

Investment in 15000 game Investment in 15000 game farms of which 9000 are farms of which 9000 are excluded game farms.excluded game farms.

R20,000 millionR20,000 million

LabourLabourR1600 millionR1600 million

LabourLabourR1600 millionR1600 million

……a R7 700 million industry per annum

a R7 700 million industry per annum

andand

a R20 000 million investment in game

a R20 000 million investment in game

farms…farms…

……a R7 700 million industry per annum

a R7 700 million industry per annum

andand

a R20 000 million investment in game

a R20 000 million investment in game

farms…farms…

Page 7: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

WE REPRESENT & UNDERWRITE:WE REPRESENT & UNDERWRITE:WE REPRESENT & UNDERWRITE:WE REPRESENT & UNDERWRITE:

Hunters and conservationists that underwrite ethical hunting and Hunters and conservationists that underwrite ethical hunting and promote the culture of conservation through sustainable use;promote the culture of conservation through sustainable use;

Hunters and conservationists that underwrite ethical hunting and Hunters and conservationists that underwrite ethical hunting and promote the culture of conservation through sustainable use;promote the culture of conservation through sustainable use;

A collective contribution to the national economy through A collective contribution to the national economy through membership (i.e. job creation on game ranches, the legal firearm membership (i.e. job creation on game ranches, the legal firearm

trade, and the annual spending of large amounts in rural areas for trade, and the annual spending of large amounts in rural areas for the privilege to hunt);the privilege to hunt);

A collective contribution to the national economy through A collective contribution to the national economy through membership (i.e. job creation on game ranches, the legal firearm membership (i.e. job creation on game ranches, the legal firearm

trade, and the annual spending of large amounts in rural areas for trade, and the annual spending of large amounts in rural areas for the privilege to hunt);the privilege to hunt);

Implementation of training programmes for proficiency and Implementation of training programmes for proficiency and dedicated hunter statusdedicated hunter status

Implementation of training programmes for proficiency and Implementation of training programmes for proficiency and dedicated hunter statusdedicated hunter status

Participation on all levels to ensure the smooth implementation of Participation on all levels to ensure the smooth implementation of the FCA through the Hunters Forum and the Wildlife Forum (DEAT);the FCA through the Hunters Forum and the Wildlife Forum (DEAT);Participation on all levels to ensure the smooth implementation of Participation on all levels to ensure the smooth implementation of

the FCA through the Hunters Forum and the Wildlife Forum (DEAT);the FCA through the Hunters Forum and the Wildlife Forum (DEAT);

The philosophy of the FCAThe philosophy of the FCA and and the certification of responsible the certification of responsible firearm owners through the awarding of competency status.firearm owners through the awarding of competency status.

The philosophy of the FCAThe philosophy of the FCA and and the certification of responsible the certification of responsible firearm owners through the awarding of competency status.firearm owners through the awarding of competency status.

Page 8: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

WE ALSO REPRESENT:WE ALSO REPRESENT:WE ALSO REPRESENT:WE ALSO REPRESENT:

Law abiding hunters & responsible firearm ownersLaw abiding hunters & responsible firearm owners

Page 9: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

WE FURTHER REPRESENT:WE FURTHER REPRESENT:WE FURTHER REPRESENT:WE FURTHER REPRESENT:

A long standing tradition of hunting in this country …A long standing tradition of hunting in this country …

The famous The famous Frederick Courteney Frederick Courteney

SelousSelous

Harry Harry WolhuterWolhuter

Young Young Zulu Zulu

huntershunters

San huntersSan hunters

Page 10: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

WE ALSO REPRESENT:WE ALSO REPRESENT:WE ALSO REPRESENT:WE ALSO REPRESENT:

A sincere commitment to transformationA sincere commitment to transformation

Gamekeepers & Gamekeepers & Trappers learnershipsTrappers learnerships

Gamekeepers & Gamekeepers & Trappers learnershipsTrappers learnerships

Page 11: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

Against this background, we make Against this background, we make our contribution to the much needed our contribution to the much needed and timeous amendment to the FCAand timeous amendment to the FCA

Only the more prominent aspects are Only the more prominent aspects are touched upon in this presentation – the touched upon in this presentation – the remainder can be found in the written remainder can be found in the written

presentation to the committeepresentation to the committee

Page 12: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

AMENDING THE FCAAMENDING THE FCAAMENDING THE FCAAMENDING THE FCA

Act and Administrative ProcessAct and Administrative Process::

We agree with the Minister that the We agree with the Minister that the current Act is in need of simplification current Act is in need of simplification

and that the severe administrative and that the severe administrative burden it’s implementation places on burden it’s implementation places on

the SAPS, should be relieved. the SAPS, should be relieved.

Page 13: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

Certify the owner and not the firearm:Certify the owner and not the firearm:

The focus of the licensing process should be moved The focus of the licensing process should be moved from “from “the need for the firearmthe need for the firearm” to ” to ““the competency of the competency of

the ownerthe owner””. .

It is the person handling a firearm that is potentially It is the person handling a firearm that is potentially dangerous and not the firearm itself.dangerous and not the firearm itself.

Ideally, a person, once certified competent, should be Ideally, a person, once certified competent, should be able to purchase a firearm. able to purchase a firearm.

Only the competency of the owner should be Only the competency of the owner should be assessed every 5 or 10 years.assessed every 5 or 10 years.

AMENDING THE FCAAMENDING THE FCAAMENDING THE FCAAMENDING THE FCA

It is submitted that:It is submitted that:

Page 14: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

Audit of existing legally owned firearms: Audit of existing legally owned firearms:

All firearms legally held under the old All firearms legally held under the old Act, should be permitted to be held as is. Act, should be permitted to be held as is.

Continued dedicated hunter or dedicated Continued dedicated hunter or dedicated sportsperson status should be accepted as sportsperson status should be accepted as

proof of qualification for continued competency.proof of qualification for continued competency.

AMENDDING THE FCAAMENDDING THE FCAAMENDDING THE FCAAMENDDING THE FCA

It is submitted that:It is submitted that:

Page 15: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

Silencers (devices to muffle report):Silencers (devices to muffle report):

The proposed regulation and “authorisation” of The proposed regulation and “authorisation” of a device attached to the barrel of a firearm in a device attached to the barrel of a firearm in

order to order to mufflemuffle the report the report should not be should not be implemented, as it implemented, as it will only further add to the will only further add to the administrative burden of the DFO / FCA with administrative burden of the DFO / FCA with insufficient results in application due to the insufficient results in application due to the

severe difficulty of implementation.severe difficulty of implementation.

AMENDING THE FCAAMENDING THE FCAAMENDING THE FCAAMENDING THE FCA

It is submitted that:It is submitted that:

Page 16: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

Hunters currently use an Hunters currently use an estimated 130,000 silencersestimated 130,000 silencers on hunting on hunting rifles for the following reasons:rifles for the following reasons:

It is impractical to hunt with earmuffs, silencers give It is impractical to hunt with earmuffs, silencers give protection against protection against permanent hearing loss.permanent hearing loss.

Silencers are widely utilised in hunting Silencers are widely utilised in hunting where animals are not to be where animals are not to be disturbeddisturbed (i.e. culling – ranching and eco-tourism demands their use). (i.e. culling – ranching and eco-tourism demands their use).

Silencers provide sound, muzzle blast, and recoil moderation, and are Silencers provide sound, muzzle blast, and recoil moderation, and are essential in the training of children, women and small-framed menessential in the training of children, women and small-framed men.

The use of silencers is The use of silencers is advisableadvisable (even mandatory) where (even mandatory) where pregnant pregnant womenwomen need to engage in shooting and training activities need to engage in shooting and training activities.

For a silencer For a silencer to be effectiveto be effective on especially on especially large calibre rifleslarge calibre rifles, , reloading of ammunition is essentialreloading of ammunition is essential, otherwise the muzzle blast , otherwise the muzzle blast (sound report) will not be altered significantly.(sound report) will not be altered significantly.

Page 17: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

Immediate supervision:Immediate supervision:

It is submitted that:It is submitted that:

AMENDING THE FCAAMENDING THE FCAAMENDING THE FCAAMENDING THE FCA

The definition for immediate supervision should be The definition for immediate supervision should be broadened to provide for hunting expeditions so as to broadened to provide for hunting expeditions so as to

enable the culture and heritage of hunting to be enable the culture and heritage of hunting to be carried over from one generation to another.carried over from one generation to another.

It is impossible for a father as holder of a firearm It is impossible for a father as holder of a firearm licence to directly supervise his young son while for licence to directly supervise his young son while for

instance shooting in the same hunt on a location instance shooting in the same hunt on a location maybe 500m or 1km away from his son’s position.maybe 500m or 1km away from his son’s position.

Page 18: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

Appeals Board:Appeals Board:

It is submitted that:It is submitted that:

AMENDING THE FCAAMENDING THE FCAAMENDING THE FCAAMENDING THE FCA

The amendment should address the problem occurring in The amendment should address the problem occurring in Item 8 of Schedule A. The current wording does not Item 8 of Schedule A. The current wording does not

provide for the compilation of an Appeals Board. It is thus provide for the compilation of an Appeals Board. It is thus submitted that the Appeals Board as it stands now does not submitted that the Appeals Board as it stands now does not have authority to deal with appeals in terms of the old Act.have authority to deal with appeals in terms of the old Act.

The words “The words “or tribunalor tribunal” should also be added after Court ” should also be added after Court of Law in Item 8 of said Schedule A to make the of Law in Item 8 of said Schedule A to make the

transitional provisional more effective.transitional provisional more effective.

Page 19: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

Professional Hunting:Professional Hunting:

A new category of firearm licence should be A new category of firearm licence should be declared for professional hunters and that declared for professional hunters and that PHASA should be accredited to endorse PHASA should be accredited to endorse

firearm applications in this category.firearm applications in this category.

AMENDING THE FCAAMENDING THE FCAAMENDING THE FCAAMENDING THE FCA

It is submitted that:It is submitted that:

The professional hunters qualification is recognized by The professional hunters qualification is recognized by Nature ConservationNature Conservation as the standard in the industry, as the standard in the industry,

and is also the requirement of PHASA for full and is also the requirement of PHASA for full membership in order to function as professional hunter.membership in order to function as professional hunter.

Page 20: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

Professional Hunting:Professional Hunting:

AMENDING THE FCAAMENDING THE FCAAMENDING THE FCAAMENDING THE FCA

Many international hunters are choosing to hunt Namibia Many international hunters are choosing to hunt Namibia rather than South Africa, as the Namibian import process is rather than South Africa, as the Namibian import process is

practical and easy, and Namibia offers a very similar practical and easy, and Namibia offers a very similar hunting experience.hunting experience.

It is submitted that:It is submitted that:

The requirements for international hunters to The requirements for international hunters to import a firearm for hunting should made less import a firearm for hunting should made less

cumbersome and more practical. cumbersome and more practical.

Page 21: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

Re-barrelling of existing firearms:Re-barrelling of existing firearms:

AMENDING THE FCAAMENDING THE FCAAMENDING THE FCAAMENDING THE FCA

Allowance should be made to re-barrel a firearm for the Allowance should be made to re-barrel a firearm for the same cartridge and calibre, when the barrel has been same cartridge and calibre, when the barrel has been

damaged, or worn out.damaged, or worn out.

The firearm is already licensed and is not materially altered The firearm is already licensed and is not materially altered by re-barrelling to the same cartridge/calibre combination. by re-barrelling to the same cartridge/calibre combination.

Barrels are wear components and need to be replaced from Barrels are wear components and need to be replaced from time to time, which restores the firearm to its original time to time, which restores the firearm to its original

condition.condition.

It is submitted that:It is submitted that:

Page 22: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

Number of rounds in possession:Number of rounds in possession:

The number of rounds in possession of an The number of rounds in possession of an occasional hunter of sport-shooter should be occasional hunter of sport-shooter should be

increased to 500. increased to 500.

AMENDMENDING THE FCAAMENDMENDING THE FCAAMENDMENDING THE FCAAMENDMENDING THE FCA

Wingshooters and practical sport shooters regularly use more than Wingshooters and practical sport shooters regularly use more than 350 rounds during one clay target shooting or practical shooting 350 rounds during one clay target shooting or practical shooting

occasion.occasion.

Ammunition is sold in stock boxes of 250 rounds – buying in Ammunition is sold in stock boxes of 250 rounds – buying in smaller quantities increases costs considerably.smaller quantities increases costs considerably.

It is submitted that:It is submitted that:

Page 23: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

Provisional Licence:Provisional Licence:

It is recommended that:It is recommended that:

AMENDING THE FCAAMENDING THE FCAAMENDING THE FCAAMENDING THE FCA

A section be included in the FCA to allow for a provisional A section be included in the FCA to allow for a provisional licence to be issued under one of the following conditions:licence to be issued under one of the following conditions:

In the case of a hunter or sport shooter who wants a custom-built In the case of a hunter or sport shooter who wants a custom-built firearm made; s/he should be allowed to receive a provisional licence to firearm made; s/he should be allowed to receive a provisional licence to

ensure that s/he does not spend money on a firearm which may ensure that s/he does not spend money on a firearm which may eventually not be licensed;eventually not be licensed;

If an individual who is not a dedicated hunter or sport-shooter but wants If an individual who is not a dedicated hunter or sport-shooter but wants to acquire an additional firearm, and is willing to dispose of one or more of to acquire an additional firearm, and is willing to dispose of one or more of

his/her other legally held firearms in order to acquire the new firearm. his/her other legally held firearms in order to acquire the new firearm. The provisional licence should then allow him to acquire the new firearm The provisional licence should then allow him to acquire the new firearm

in a specified time in which to also dispose of the agreed firearms.in a specified time in which to also dispose of the agreed firearms.

Page 24: Presented by: Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Mr. Theo Venter, Dr Gary Bauer & Mr. George Nell Presentation to the Portfolio Committee

CLOSURECLOSURECLOSURECLOSURE

That the amendments to the Act and Regulations be supported That the amendments to the Act and Regulations be supported by a by a Service CharterService Charter, setting , setting minimum standards for service minimum standards for service

deliverydelivery as is done by all other service oriented bodies of State. as is done by all other service oriented bodies of State.

The above inputs are based upon the following principles The above inputs are based upon the following principles which are subscribed to by all member associations of the which are subscribed to by all member associations of the

Hunters Forum:Hunters Forum:

That there be no infringement of That there be no infringement of existing rightsexisting rights granted to granted to firearm owners, that the Act be firearm owners, that the Act be applied consistentlyapplied consistently, and that , and that

the the administration thereof be transparentadministration thereof be transparent..

That the forthcoming That the forthcoming changes to the Regulations be made changes to the Regulations be made available simultaneouslyavailable simultaneously with those amending the FCA, as the with those amending the FCA, as the

Act cannot be viewed in isolation from the Regulations.Act cannot be viewed in isolation from the Regulations.