PLANT A BUTTERFLY

Subtitle

Butterfly Protection Acts

REPUBLIC ACT NO. 9  AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 9147 July 30, 2001.odt

 Congress of the Philippines

Eleventh Congress

REPUBLIC ACT NO. 9147 July 30, 2001

AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

CHAPTER I
GENERAL PROVISIONS

Section 1. Title. - This act shall be known as the "Wildlife Resources Conservation and Protection Act."

Section 2.Declaration of Policy. - It shall be the policy of the State to conserve the country's wildlife resources and their habitats for sustainability. In the pursuit of this policy, this Act shall have the following objectives:

(a) to conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological diversity;

(b) to regulate the collection and trade of wildlife;

(c) to pursue, with due regard to the national interest, the Philippine commitment to international conventions, protection of wildlife and their habitats; and

(d) to initiate or support scientific studies on the conservation of biological diversity.

Section 3. Scope of Application. - The provisions of this Act shall be enforceable for all wildlife species found in all areas of the country, including protected areas under Republic Act No. 7586, otherwise known as the National Integrated Protected Areas System (NIPAS) Act, and critical habitats. This Act shall also apply to exotic species which are subject to trade, are cultured, maintained and/or bred in captivity or propagated in the country.

Section 4. urisdiction of the Department of Environment and Natural Resources and the Department of Agriculture. - The Department of Environment and Natural Resources (DENR) shall have jurisdiction over all terrestrial plant and animal species, all turtles and tortoises and wetland species, including but not limited to crocodiles, waterbirds and all amphibians and dugong. The Department of Agriculture (DA) shall have jurisdiction over all declared aquatic critical habitats, all aquatic resources including but not limited to all fishes, aquatic plants, invertebrates and all marine mammals, except dugong. The secretaries of the DENR and the DA shall review, and by joint administrative order, revise and regularly update the list of species under their respective jurisdiction. In the Province of Palawan, jurisdiction herein conferred is vested to the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611.

CHAPTER II
DEFINITION OF TERMS

Section 5. Definition of Terms.- As used in the Act, the term:

(a) "Bioprospecting" means the research, collection and utilization of biological and genetic resources for purposes of applying the knowledge derived there from solely for commercial purposes;

(b) "By-product or derivatives" means any part taken or substance extracted from wildlife, in raw or in processed form. This includes stuffed animals and herbarium specimens;

(c) "Captive-breeding/culture or propagation" means the process of producing individuals under controlled conditions or with human interventions;

(d) "Collection or collecting" means the act of gathering or harvesting wildlife, its by-products or derivatives;

(e) "Conservation" means preservation and sustainable utilization of wildlife, and/or maintenance, restoration and enhancement of the habitat;

(f) "Critically endangered species" refers to a species or subspecies that is facing extremely high risk of extinction in the wild in the immediate future;

(g) "Economically important species" means species or subspecies which have actual or potential value in trade or utilization for commercial purpose;

(h) "Endangered species" refers to species or subspecies that is not critically endangered but whose survival in the wild is unlikely if the causal factors continue operating;

(i) "Endemic species" Means species or subspecies which is naturally occurring and found only within specific areas in the country;

(j) "Exotic species" means species or subspecies which do not naturally occur in the country;

(k) "Export permit" refers to a permit authorizing an individual to bring out wildlife from the Philippines to any other country;

(l) "Gratuitous permit" means permit issued to any individual or entity engaged in noncommercial scientific, or educational undertaking to collect wildlife;

(m) "Habitat" means place or environment where species or subspecies naturally occur or has naturally established its population;

(n) "Import permit" refers to a permit authorizing an individual to bring in wildlife from another country;

(o) "Indigenous wildlife" means species or subspecies of wildlife naturally occurring or has naturally established population in the country;

(p) "Introduction" means bringing species into the wild that is outside its natural habitat;

(q) "Reexport permit" refers to a permit authorizing an individual to bring out of the country a previous imported wildlife;

(r) "Secretary" means either or both the Secretary of the Department of Environment and Natural Resources and the Secretary of the Department of Agriculture;

(s) "Threatened species" a general term to denote species or subspecies considered as critically endangered, endangered, vulnerable or other accepted categories of wildlife whose population is at risk of extinction;

(t) "Trade" means the act of engaging in the exchange, exportation or importation, purchase or sale of wildlife, their derivatives or by-products, locally or internationally;

(u) "Traditional use" means utilization of wildlife by indigenous people in accordance with written or unwritten rules, usage, customs and practices traditionally observed, accepted and recognized by them;

(v) "Transport permit" means a permit issued authorizing an individual to bring wildlife from one place to another within the territorial jurisdiction of the Philippines;

(w) "Vulnerable species" refers to species or subspecies that is not critically endangered nor endangered but is under threat from adverse factors throughout their range and is likely to move to the endangered category in the near future;

(x) "Wildlife" means wild forms and varieties of flora and fauna, in all developmental stages, including those which are in captivity or are being bred or propagated;

(y) "Wildlife collector's permit" means a permit to take or collect from the wild certain species and quantities of wildlife for commercial purposes; and

(z) "Wildlife farm/culture permit" means a permit to develop, operate and maintain a wildlife breeding farm for conservation, trade and/or scientific purposes.

CHAPTER III
CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES

ARTICLE ONE
General Provision

Section 6. Wildlife Information. - All activities, as subsequently manifested under this Chapter, shall be authorized by the Secretary upon proper evaluation of best available information or scientific data showing that the activity is, or for a purpose, not detrimental to the survival of the species or subspecies involved and/or their habitat. For this purpose, the Secretary shall regularly update wildlife information through research.

Section 7. Collection of Wildlife. - Collection of wildlife may be allowed in accordance with Section 6 of this Act:Provided, That in the collection of wildlife, appropriate and acceptable wildlife collection techniques with least or no detrimental effects to the existing wildlife populations and their habitats shall, likewise, be required: Provided, further, That collection of wildlife by indigenous people may be allowed for traditional use and not primarily for trade: Provided, furthermore, That collection and utilization for said purpose shall not cover threatened species:Provided, finally, That Section 23 of this Act shall govern the collection of threatened species.

Section 8. Possession of Wildlife. - No person or entity shall be allowed possession of wildlife unless such person or entity can prove financial and technical capability and facility to maintain said wildlife: Provided,

That the source was not obtained in violation of this Act.

Section 9. Collection and/or Possession of By-Products and Derivatives. - By-products and derivatives may be collected and/or possessed: Provided, That the source was not obtained in violation of this Act.

Section 10.Local Transport of Wildlife, By-Products and Derivatives. - Local transport of wildlife, by-products and derivatives collected or possessed through any other means shall be authorized unless the same is prejudicial to the wildlife and public health.

Section 11. Exportation and/or Importation of Wildlife. - Wildlife species may be exported to or imported from another country as may be authorized by the Secretary or the designated representative, subject to strict compliance with the provisions of this Act and rules and regulations promulgated pursuant thereto: Provided, That the recipient of the wildlife is technically and financially capable to maintain it.

Section 12. Introduction, Reintroduction or Restocking of Endemic or Indigenous Wildlife. - The introduction, reintroduction or restocking of endemic and indigenous wildlife shall be allowed only for population enhancement of recovery purposes subject to prior clearance from the Secretary of the authorized representative pursuant to Section 6 of this Act. Any proposed introduction shall be subject to a scientific study which shall focus on the bioecology. The proponent shall also conduct public consultations with concerned individuals or entities.

Section 13. Introduction of Exotic Wildlife. - No exotic species shall be introduced into the country, unless a clearance from the Secretary or the authorized representative is first obtained. In no case shall exotic species be introduced into protected areas covered by Republic Act No. 7586 and to critical habitats under Section 25 hereof.

In cases where introduction is allowed, it shall be subject to environmental impact study which shall focus on the bioecology, socioeconomic and related aspects of the area where the species will be introduced. The proponent shall also be required to secure the prior informed consent from the local stakeholders.

Section 14. Bioprospecting. - Bioprospecting shall be allowed upon execution of an undertaking by any proponent, stipulating therein its compliance with and commitment(s) to reasonable terms and conditions that may be imposed by the Secretary which are necessary to protect biological diversity.

The Secretary or the authorized representative, in consultation with the concerned agencies, before granting the necessary permit, shall require that prior informed consent be obtained by the applicant from the concerned indigenous cultural communities, local communities, management board under Republic Act No. 7586 or private individual or entity. The applicant shall disclose fully the intent and scope of the bioprospecting activity in a language and process understandable to the community. The prior informed consent from the indigenous peoples shall be obtained in accordance with existing laws. The action on the bioprospecting proposal by concerned bodies shall be made within a reasonable period.

Upon submission of the complete requirements, the Secretary shall act on the research proposal within a reasonable period.

If the applicant is a foreign entity or individual, a local institution should be actively involved in the research, collection and, whenever applicable and appropriate in the technological development of the products derived from the biological and genetic resources.

Section 15. Scientific Researches on Wildlife. - Collection and utilization of biological resources for scientific research and not for commercial purposes shall be allowed upon execution of an undertaking/agreement with and issuance of a gratuitous permit by the Secretary or the authorized representative: Provided, That prior clearance from concerned bodies shall be secured before the issuance of the gratuitous permit: Provided, further, That the last paragraph of Section 14 shall likewise apply.

Section 16. Biosafety - All activities dealing on genetic engineering and pathogenic organisms in the Philippines, as well as activities requiring the importation, introduction, field release and breeding of organisms that are potentially harmful to man and the environment shall be reviewed in accordance with the biosafety guidelines ensuring public welfare and the protection and conservation of wildlife and their habitats.

Section 17. Commercial Breeding or Propagation of Wildlife Resources. - Breeding or propagation of wildlife for commercial purposes shall be allowed by the Secretary or the authorized representative pursuant to Section 6 through the issuance of wildlife farm culture permit: Provided, That only progenies of wildlife raised, as well as unproductive parent stock shall be utilized for trade: Provided, further: That commercial breeding operations for wildlife, whenever appropriate, shall be subject to an environmental impact study.

Section 18. Economically Important Species. - The Secretary, within one (1) year after the effectivity of this Act, shall establish a list of economically-important species. A population assessment of such species shall be conducted within a reasonable period and shall be regularly reviewed and updated by the Secretary.

The Collection of certain species shall only be allowed when the results of the assessment show that, despite certain extent of collection, the population of such species can still remain viable and capable of recovering its numbers. For this purpose, the Secretary shall establish a schedule and volume of allowable harvests.

Whenever an economically important species become threatened, any form of collection shall be prohibited except for scientific, educational or breeding/propagation purposes, pursuant to the provisions of this Act.

Section 19. Designation of Management and Scientific Authorities for International Trade in Endangered Species of Wild Fauna and Flora. - For the implementation of International agreement on international trade in endangered species of wild fauna and fora, the management authorities for terrestrial and aquatic resources shall be the Protected Areas and Wildlife Bureau (PAWB) of the DENR and the Bureau of Fisheries and Aquatic Resources (BFAR) of the DA, respectively and that in the Province of Palawan the implementation hereof is vested to the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611.

To provide advice to the management authorities, there shall be designated scientific authorities for terrestrial and aquatic/marine species. For the terrestrial species, the scientific authorities shall be the Ecosystems Research and Development Bureau (ERDB) of the DENR, the U.P. Institute of Biological Sciences and the National Museum and other agencies as may be designated by the Secretary. For the marine and aquatic species, the scientific authorities shall be the BFAR, the U.P. Marine Science Institute, U.P. Visayas, Siliman University and the National Museum and other agencies as may be designated by the Secretary: Provided, That in the case of terrestrial species, the ERDB shall chair the scientific authorities, and in the case of marine and aquatic species, the U.P. Marine Science Institute shall chair the scientific authorities.

Section 20. Authority of the Secretary to Issue Permits. - The Secretary or the duly authorized representative, in order to effectively implement this Act, shall issue permits/certifications/clearances with corresponding period of validity, whenever appropriate, which shall include but not limited to the following:

(1)

Wildlife farm or culture permit

3 to 5 years;

(2)

Wildlife collector's permit

1 to 3 years;

(3)

Gratuitous permit

1 year;

(4)

Local transport permit

1 to 3 months; and

(5)

Export/Import/Reexport permit

1 to 6 months.

These permits may be renewed subject to the guidelines issued by the appropriate agency and upon consultation with concerned groups.

Section 21. Fees and Charges. - Reasonable fees and charges as may be determined upon consultation with the concerned groups, and in the amount fixed by the Secretary shall be imposed for the issuances of permits enumerated in the preceding section.

For the export of wildlife species, an export permit fee of not greater than three percentum (3%) of the export value, excluding transport costs, shall be charged: Provided, however, That in the determination of aforesaid fee, the production costs shall be given due consideration. Cutflowers, leaves and the like, produced from farms shall be exempted from the said export fee: Provided, further, That fees and charges shall be reviewed by the Secretary every two (2) years or as the need arises and revise the same accordingly, subject to consultation with concerned sectors.

ARTICLE TWO
Protection of Threatened Species

Section 22. Determination of Threatened Species. - The Secretary shall determine whether any wildlife species or subspecies is threatened, and classify the same as critically endangered, endangered, vulnerable or other accepted categories based on the best scientific data and with due regard to internationally accepted criteria, including but not limited to the following:

(a) present or threatened destruction, modification or curtailment of its habitat or range;

(b) over-utilization for commercial, recreational, scientific or educational purposes;

(c) inadequacy of existing regulatory mechanisms; and

(d) other natural or man-made factors affecting the existence of wildlife.

The Secretary shall review, revise and publish the list of categorized threatened wildlife within one (1) year after effectivity of this Act. Thereafter, the list shall be updated regularly or as the need arises: Provided, That a species listed as threatened shall not be removed there from within three (3) years following its initial listing.

Upon filing of a petition based on substantial scientific information of any person seeking for the addition or deletion of a species from the list, the Secretary shall evaluate in accordance with the relevant factors stated in the first paragraph of this section, the status of the species concerned and act on said petition within a reasonable period.

The Secretary shall also prepare and publish a list of wildlife which resembles so closely in appearance with listed threatened wildlife, which species shall likewise be categorized as threatened.

Section 23. Collection of Threatened Wildlife, By-products and Derivatives -The collection of threatened wildlife, as determined and listed pursuant to this Act, including its by-products and derivatives, shall be allowed only for scientific, or breeding or propagation purposes in accordance with Section 6 of this Act:Provided, That only the accredited individuals, business, research, educational or scientific entities shall be allowed to collect for conservation breeding or propagation purposes.

Section 24. Conservation Breeding or Propagation of Threatened Species- Conservation breeding or propagation of threatened species shall be encouraged in order to enhance its population in its natural habitat. It shall be done simultaneously with the rehabilitation and/or protection of the habitat where the captive-bred or propagated species shall be released, reintroduced or restocked.

Commercial breeding or propagation of threatened species may be allowed provided that the following minimum requirements are met by the applicant, to wit:

(a) Proven effective breeding and captive management techniques of the species; and

(b) Commitment to undertake commercial breeding in accordance with Section 17 of this Act, simultaneous with conservation breeding.

The Secretary shall prepare a list of threatened species for commercial breeding and shall regularly revise or update such list or as the need arises.

Section 25. Establishment of Critical Habitats. - Within two (2) years following the effectivity of this Act, The Secretary shall designate critical habitats outside protected areas under Republic Act No. 7586, where threatened species are found. Such designation shall be made on the basis of the best scientific data taking into consideration species endemicity and/or richness, presence of man-made pressures/threats to the survival of wildlife living in the area, among others.

All designated, critical habitats shall be protected, in coordination with the local government units and other concerned groups, from any form of exploitation or destruction which may be detrimental to the survival of the threatened species dependent therein. For such purpose, the Secretary may acquire, by purchase, donation or expropriation, lands, or interests therein, including the acquisition of usufruct, establishment of easements or other undertakings appropriate in protecting the critical habitat.

ARTICLE THREE
Registration of Threatened and Exotic Species

Section 26. Registration of Threatened and Exotic Wildlife in the Possession of Private Persons. - No person or entity shall be allowed possession of wildlife unless such person or entity can prove financial and technical capability and facility to maintain said wildlife. Twelve (12) months after the effectivity of this Act, the Secretary shall set a period, within which persons/entities shall register all threatened species collected and exotic species imported prior to the effectivity of this Act. However, when the threatened species is needed for breeding/propagation or research purposes, the State may acquire the wildlife through a mutually acceptable arrangement.

After the period set has elapsed, threatened wildlife possessed without certificate of registration shall be confiscated in favor of the government, subject to the penalties herein provided.

All Philippine wildlife which are not listed as threatened prior to the effectivity of this Act but which may later become so, shall likewise be registered during the period set after the publication of the updated list of threatened species.

CHAPTER IV
ILLEGAL ACTS

Section 27. Illegal Acts. - Unless otherwise allowed in accordance with this Act, it shall be unlawful for any person to willfully and knowingly exploit wildlife resources and their habitats, or undertake the following acts;

(a) killing and destroying wildlife species, except in the following instances;

    (i) when it is done as part of the religious rituals of established tribal groups or indigenous cultural communities;

    (ii) when the wildlife is afflicted with an incurable communicable disease;

    (iii) when it is deemed necessary to put an end to the misery suffered by the wildlife;

    (iv) when it is done to prevent an imminent danger to the life or limb of a human being; and

    (v) when the wildlife is killed or destroyed after it has been used in authorized research or experiments.

(b) inflicting injury which cripples and/or impairs the reproductive system of wildlife species;

(c) effecting any of the following acts in critical habitat(s)

    (i) dumping of waste products detrimental to wildlife;

    (ii) squatting or otherwise occupying any portion of the critical habitat;

    (iii) mineral exploration and/or extraction;

    (iv) burning;

    (v) logging; and

    (vi) quarrying

(d) introduction, reintroduction or restocking of wildlife resources;

(e) trading of wildlife;

(f) collecting, hunting or possessing wildlife, their by-products and derivatives;

(g) gathering or destroying of active nests, nest trees, host plants and the like;

(h) maltreating and/or inflicting other injuries not covered by the preceding paragraph; and

(i) transporting of wildlife.

CHAPTER V
FINES AND PENALTIES

Section 28. Penalties for Violations of this Act. - For any person who undertakes illegal acts under paragraph (a) of the immediately preceding section to any species as may be categorized pursuant to this Act, the following penalties and/or fines shall be imposed;

(a) imprisonment of a minimum of six (6) years and one (1) day to twelve (12) years and/or a fine of One hundred thousand pesos (P100,000.00) to One million pesos (P1,000,000.00), if inflicted or undertaken against species listed as critical;

(b) imprisonment of four (4) and one (1) day to six (6) years and/or a fine of Fifty thousand pesos (P50,000.00) to Five hundred thousand pesos (P500,000.00) if inflicted or undertaken against endangered species;

(c) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty thousand pesos (P30,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted or undertaken against vulnerable species;

(d) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00) if inflicted or undertaken against other threatened species; and

(e) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken against other wildlife species.

For illegal acts under paragraph (b) of the immediately preceding section, the following penalties and/or fines shall be imposed;

(a) imprisonment of minimum of four (4) years and one (1) day to six (6) years and/or a fine of Fifty thousand pesos (P50,000.00) to Five hundred thousand pesos (P500,000.00), if inflicted or undertaken against species listed as critical;

(b) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty thousand pesos (P30,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against endangered species;

(c) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against vulnerable species;

(d) imprisonment of six (6) months and one (1) day to one (1) year and/or fine of Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against other threatened species; and

(e) imprisonment of one (1) month to six (6) months and/or a fine of Five thousand pesos (P5,000.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken against other wildlife species.

For illegal acts under paragraphs (c) and (d) of the immediately preceding section, an imprisonment of one (1) month to eight (8) years and/or a fine of Five thousand pesos (P5,000.00) to Five million pesos (P5,000,000.00) shall be imposed.

For illegal acts under paragraph (e), the following penalties and/or fines shall be imposed:

(a) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Five thousand pesos (P5,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted or undertaken against species listed as critical;

(b) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Two thousand pesos (P2,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against endangered species;

(c) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of One thousand pesos (P1,000.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken against vulnerable species;

(d) imprisonment of one (1) month and one (1) day to six (6) months and/or a fine of Five hundred pesos (P500.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against species listed as threatened species; and

(e) imprisonment of ten (10) days to one (1) month and/or a fine of Two hundred pesos (P200.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken against other wildlife species.

For illegal acts under paragraphs (f) and (g) of the immediately preceding section, the following penalties and/or fines shall be imposed:

(a) imprisonment of two (2) years and one (1) day to four (4) years and a fine of Thirty thousand pesos (P30,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted or undertaken against species listed as critical;

(b) imprisonment of one (1) year and one (1) day to two (2) years and a fine of Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against endangered species;

(c) imprisonment of six (6) months and one (1) day to one (1) year and a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken against vulnerable species;

(d) imprisonment of one (1) month and one (1) day to six (6) months and a fine of Five thousand pesos (P5,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against species as other threatened species; and

(e) imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos (P1,000.00) to Five thousand pesos (P5,000.00), if inflicted or undertaken against other wildlife species: Provided, That in case of paragraph (f), where the acts were perpetuated through the means of inappropriate techniques and devices, the maximum penalty herein provided shall be imposed.

For illegal acts under paragraph (h) and (i) of the immediately preceding section, the following penalties and/or fines shall be imposed:

(a) imprisonment of six (6) months and one (1) day to one (1) year and a fine of Fifty thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00) if inflicted or undertaken against species listed as critical species;

(b) imprisonment of three (3) months and one (1) day to six (6) months and a fine of Twenty thousand pesos (P20,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against endangered species;

(c) imprisonment of one (1) month and one (1) day to three (3) months and a fine of Five thousand pesos (P5,000.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken against vulnerable species;

(d) imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos (P1,000.00) to Five thousand pesos (P5,000.00), if inflicted or undertaken against species listed as other threatened species;

(e) imprisonment of five (5) days to ten (10) days and a fine of Two hundred pesos (P200.00) to One thousand pesos (P1,000.00), if inflicted or undertaken against other wildlife species.

All wildlife, its derivatives or by-products, and all paraphernalia, tools and conveyances used in connection with violations of this Act, shall be ipso facto forfeited in favor of the government; Provided, That where the ownership of the aforesaid conveyances belong to third persons who has no participation in or knowledge of the illegal acts, the same may be released to said owner. The apprehending agency shall immediately cause the transfer of all wildlife that have been seized or recovered to the nearest Wildlife Rescue Center of the Department in the area.

If the offender is an alien, he shall be deported after service and payment of fines, without any further proceedings.

The fines herein prescribed shall be increased by at least ten percent (10%) every three (3) years to compensate for inflation and to maintain the deterrent function of such fines.

CHAPTER VI
MISCELLANEOUS PROVISIONS

Section 29. Wildlife Management Fund. - There is hereby established a Wildlife Management Fund to be administered by the Department as a special account in the National Treasury which shall finance rehabilitation or restoration of habitats affected by acts committed in violation of this Act and support scientific research, enforcement and monitoring activities, as well as enhancement of capabilities of relevant agencies.

The Fund shall derive from fines imposed and damages awarded, fees, charges, donations, endowments, administrative fees or grants in the form of contributions. Contributions to the Fund shall be exempted from donor taxes and all other tax charges or fees imposed by the government.

Section 30. Deputation of Wildlife Enforcement Officers. - The Secretary shall deputize wildlife enforcement officers from non-government organizations, citizens groups, community organizations and other volunteers who have undergone necessary training for this purpose. The Philippine National Police (PNP), the Armed Forces of the Philippines (AFP), the National Bureau of Investigation (NBI) and other law enforcement agencies shall designate wildlife enforcement officers. As such, the wild enforcement officers shall have the full authority to seize illegally traded wildlife and to arrest violators of this Act subject to existing laws, rules and regulations on arrest and detention.

Section 31. Establishment of National Wildlife Research Centers. - The Secretary shall establish national wildlife research centers for terrestrial and aquatic species to lead in the conduct of scientific researches on the proper strategies for the conservation and protection of wildlife, including captive breeding or propagation. In this regard, the Secretary shall encourage the participation of experts from academic/research institutions and wildlife industry.

Section 32. Wildlife Rescue Center. - The Secretary shall establish or designate wildlife rescue centers to take temporary custody and care of all confiscated, abandoned and/or donated wildlife to ensure their welfare and well-being. The Secretary shall formulate guidelines for the disposition of wildlife from the rescue centers.

Section 33. Creation of Wildlife Traffic Monitoring Units. - The Secretary shall create wildlife traffic monitoring units in strategic air and seaports all over the country to ensure the strict compliance and effective implementation of all existing wildlife laws, rules and regulations, including pertinent international agreements.

Customs officers and/or other authorized government representatives assigned at air or seaports who may have intercepted wildlife commodities in the discharge of their official functions shall, prior to further disposition thereof, secure a clearance from the wildlife traffic monitoring unit assigned in the area.

Section 34. Exemption from taxes - Any donation, contribution, bequest, subsidy or financial aid which may be made to the Department of Environment and Natural Resources or to the Department of Agriculture and to NGOs engaged in wildlife conservation duly registered with the Securities and Exchange Commission as certified by the local government unit, the Department of Environment and Natural Resources or the Department of Agriculture, for the conservation and protection of wildlife resources and their habitats shall constitute as an allowable deduction from the taxable income of the donor and shall be exempt from donor's tax.

Section 35. Flagship Species. - Local government units shall initiate conservation measures for endemic species in their areas. For this purpose, they may adopt flagship species such as the Cebu black shama (copsychus cebuensis), tamaraw (bubalus mindorensis), Philippine tarsier (tarsius syrichta), Philippine teak (tectona philippinensis), which shall serve as emblems of conservation for the local government concerned.

Section 36. Botanical Gardens, Zoological Parks and Other Similar Establishments. - The Secretary shall regulate the establishment, operation and maintenance of botanical gardens, zoological parks and other similar establishments for recreation, education and conservation.

Section 37. Implementing Rules and Regulations. - Within twelve (12) months following the effectivity of this Act, secretaries of the Department of Environment and Natural Resources and the Department of Agriculture, in coordination with the Committees on Environment and Ecology of the Senate and the House of Representatives, respectively, shall promulgate respective rules and regulations for the effective implementation of this Act. Whenever appropriate, coordination in the preparation and implementation of rules and regulations on joint and inseparable issues shall be done by both Departments. The commitments of the State to international agreements and protocols shall likewise be a consideration in the implementation of this Act.

Section 38. Appropriations. - The amount necessary to implement the provisions of this Act shall be charged against the appropriations of the Department of Environment and Natural Resources in the current General Appropriations Act. Therefore, such sums as may be necessary to fully implement the provisions of this Act shall be included in the annual General Appropriations Act.

Section 39. Separability Clause. - Should any provision of this Act be subsequently declared as unconstitutional, the same shall not affect the validity or the legality of the other provisions.

Section 40. Repealing Clause. - Act Nos. 2590 and 3983, Commonwealth Act No. 63, as amended, Presidential Decree No. 1219, as amended, Republic Act No. 6147, and other laws, orders and regulations inconsistent herewith are hereby repealed or amended accordingly.

Section 41. Effectivity. - This Act shall take effect fifteen (15) days after publication in the Official Gazette or two (2) newspapers of general circulation.

Approved,

(Sgd)



AQUILINO Q. PIMENTEL JR.
President of the Senate



(Sgd)



FELICIANO BELMONTE JR.
Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 10622 and Senate Bill No. 2128 was finally passed by the House of Representatives and the Senate on February 8, 2001 and March 20, 2001, respectively.



(Sgd)



LUTGARDO B. BARBO
Secretary of the Senate



(Sgd)



ROBERTO P. NAZARENO
Secretary General
House of Representatives



Approved: July 30, 2001

(Sgd)



GLORIA MACAPAGAL-ARROYO
President of the Philippines

 

THE WILDLIFE (PROTECTION) ACT, 1972 , INDIA

wildlife_act INDIA.pdft

 THE WILDLIFE (PROTECTION) ACT, 1972

  The wildlife protection Act 1972 of India has enough provitions for conservation of natural resources including butterflies . Under the Act, nearly 120 species and sub –species of butterflies and moths are in schedule 1 and nearly 292 species and sub-species are in the Schedule 2. Among Indian butterflies , the kiser-1-Hind , Teinopalpus imperialis found in the north east from Sikkim eastwards is the rarest and is listed in the Red Data Book : Threatned Swallotail Butterflies of the World . The Bhutan Glory Bhutanitis Lidderdalei is also listed in the Red Data Book .

(No. 53 of 1972)
(9th September, 1972)
An Act to provide for the protection of [Wild animals, birds and plants]1 and for matters
connected therewith or ancillary or incidental thereto.
2 [***]
CHAPTER 1
Preliminary
1. Short title, extent, and commencement, - (1) This Act may be called the Wildlife
(Protection) Act, 1972.
3[(2) It extends to the whole of India, except the State of Jammu and Kashmir.*]
4(3) It shall come into force in a State or Union Territory to which it extends, on such date
as the Central Government may, by notification, appoint, and different dates may be appointed
for different provision of this Act or for different States or Union Territories.
2. Definitions - In this Act, unless the context otherwise requires, -
(1) “animal” includes amphibians, birds, mammals, and reptiles, and their young, and
also includes, in the cases of birds and reptiles, their eggs,
5(2) “animal article” means an article made from any captive animal or wild animal, other
than vermin, and includes an article or object in which the whole or any part of such animal [has
been used and ivory imported into India and an article made therefrom].
6(3) [Omitted 1991.1
(4) “Board means the Wildlife Advisory Board constituted under subsection (1) of Sec.
6;
(5) “captive animal” means any animal, specified in Schedule 1, Schedule II, Schedule
III or Schedule IV, which is captured or kept or bred in captivity;
7(6) [Omitted 1991.1
(7) “Chief Wildlife Warden” means the person appointed as such under C1. (a) of
sub-section (1) of Sec.4;
8[(7A) “Circus” means an establishment, whether stationary or mobile where animals
are kept or used wholly or mainly for the purpose of performing tricks or manoeuvers;]
(8) “closed area” means the area which is declared under sub-section (1) of Sec.37 to be
closed to hunting;
(9) “Collector” means the Chief Officer in charge of the revenue administration of a
district;
(10) “commencement of this Act”, in relation to –
(a) a State, means commencement of this Act in that State.
(b) any provision of this Act, means commencement of that provision in the concerned
State;
(11) “dealer” means any person who carries on the business of buying and selling any
captive animal, animal article, trophy, uncurled trophy, [9meat or specified plant];
(12) “Director” means the person appointed as Director of Wildlife Preservation under Cl
(a). of sub-section (1) of Sec. 3;
[(12A) “Forest Officer” means the Forest Officer appointed under clause (2) of Sec.2
of the Indian Forest Act, 1927 (1016 of 1927);]
(13) [Omitted 1991. 11]
(14) “Government property” means property, referred to in sec.39; [or sec. 17H12]
(15) “habitat” includes land, water, or vegetation which is the natural home of any wild
animal;
(16) “hunting”, with its grammatical variations and cognate expressions, includes,
(a) capturing, killing, poisoning, snaring, and trapping or any wild animal and every
attempt to do so,
(b) driving any wild animal for any of purposes specified in sub clause
(c) injuring or destroying or taking any part of the body of any such animal, or in the
case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or
disturbing the eggs or nests of such birds or reptiles;
7) “land” includes canals, creeks, and other water channels, reservoirs, rivers, streams
and lakes, whether artificial or natural, [marshes and wetlands and also includes boulders and
rocks; 13]
(18) “licence” means a licence granted under this Act;
14[(18A) “Live-stock” includes buffaloes, bulls, bullocks, camels, cows, donkeys, goats,
horses, mules, pigs, sheep, yak and also includes their young;*]
(19) “manufacturer” means a manufacturer of animal articles;
(20) “meat” includes blood, bones, sinew, eggs, fat and flesh, whether raw or cooked, of
any wild animal other than vermin;
(21) “National Park” means an area declared, whether under sec.35. or sec.38 or deemed,
under sub-section (3) of sec.66. to be declared, as a National Park
(22) “notification” means a notification published in the official Gazette;
(23) “permit” means a permit granted under this Act or any rule made thereunder;
(24) “Person” includes a firm;
(25) “prescribed” means prescribed by rules made under this Act;
15[(25A)”recognised zoo” means a zoo recognised under section 38H;
(25B) “reserve forest” means the forest declared to be reserved by the State Government
under sec.20. of the Indian Forest Act, 1927 (16 of 1927);* ]
(26)16 “sanctuary” means an area declared, whether under sec. [26(A)5] or sec 38, or
deemed, under sub section (3) of Sec.66 to be declared, as a wildlife sanctuary;
17[(27) “specified plant “means any plant specified in Schedule VI;*]
(28) “special game” means any animal specified in Sec.II;
(29) “State Government”, in relation to a Union Territory, means the Administrator of that
Union Territory appointed by the President under Art 239 of the Constitutions ;
(30) “taxidermy”, with its grammatical variations and cognate expressions, means the
curing, preparation or preservation of trophies;
[(30A) “territorial waters” shall have the same meaning as in Sec.3. of Territorial
waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of
1976); 18]
(31) “trophy” means the whole or any part of any captive animal or wild animal, other
than vermin, which has been kept or preserved by any means, whether artificial or natural, and
includes,
(a) rugs, skins, and specimens of such animals mounted in whole or in part through a
process of taxidermy, and
(b) antler, horn, rhinoceros horn, feather, nail, tooth, musk, eggs, and nests;
(32) “uncured trophy” means the whole or any part of any captive animal, other than
vermin, which has not undergone a process of taxidermy, and includes a [freshly killed wild
animal ambergris, musk and other animal products ];
(33) vehicle” means any conveyance used for movement on land, water or air, and
includes buffalo, bull, bullock, camel, donkey, elephant, house, and mule;
(34) “vermin” means any wild animal specified in Sch.V;
(35) “weapon” includes ammunition, bows and arrows, explosives, firearms, hooks,
knives, nets, poison, snares, traps, and any instrument or apparatus capable of anaesthetizing,
decoying, destroying, injuring or killing an animal;
(36) “wild animal” means any animal found wild in nature and includes any animal
specified in Schedule I, Schedule II, Schedule, IV or Schedule V, wherever found;
(37) “wildlife” includes any animal, bees butterflies, crustacean, fish and moths; and
aquatic or land vegetation which forms part of any habitat;
(38) “Wildlife Warden” means the person appointed as such under C1. (b) of sub-section
(1) of Sec.4;
[(39) “zoo” means an establishment, whether stationary or mobile, where captive animals
are kept for exhibition to the public but does not include a circus and an establishment of a
licenced dealer in captive animals. 19]
The Act has been made applicable in various States and Union Territories as under:
1. Andaman and Nicobar, w.e.f. Ist July 1973, vide G.S.R.332 (E), dated Ist July, 1973.
2. Andhra Pradesh, w.e.f. Ist July 1973, vide G.S.R.371 (E), dated Ist August, 1973.
3. Arunachal Pradesh, w.e.f. 15th May 1973.
4. Assam, w.e.f. 25th January 1977, vide G.S.R.33 (E), dated 25th January, 1977.
5. Bihar, w.e.f. Ist February 1973, vide G.S.R.40 (E), dated Ist February, 1973.
6. Dadra and Nagar Haveli, w.e.f. Ist September 1973, vide G.S.R.441(E), dated Ist
September, 1973.
7. Delhi, w.e.f. Ist June 1973,
8. Gao Daman and Diu, w.e.f. 16 July 1973, vide G.S.R.629 (E), dated 16th July, 1973.
9. Gujarat, w.e.f. Ist February 1973, vide G.S.R.62 (E), dated Ist February, 1973.
10. Haryana, w.e.f. 12th March July 1973, vide G.S.R.63 (E), dated 12 March, 1973.
11. Himachal Pradesh, w.e.f. 2nd April ly 1973, vide G.S.R.190 (E), dated 2nd April, 1973.
12. Kerala, w.e.f. Ist June 1973, vide G.S.R.293 (E), dated Ist June, 1973.
13. Lakshdweep, w.e.f. Ist November 1973, vide G.S.R.481(E), dated Ist November, 1973.
14. Madhya Pradesh, w.e.f. 25 January 1973, vide G.S.R.28 (E), dated 25 January, 1973.
15. Maharashtra, w.e.f. Ist June 1973, vide G.S.R.296 (E), dated Ist June, 1973.
16. Manipur, w.e.f. 15th May 1973, vide G.S.R.269 (E), dated 15th May, 1973.
17. Meghalaya, w.e.f. Ist April 1977
18. Mizoram, w.e.f. Ist October 1974, vide G.S.R.407 (E), dated Ist October, 1974.
19. Mysore, w.e.f. Ist July 1973, vide G.S.R.355 (E), dated Ist July, 1973.
20. Nagaland, w.e.f. 18th December 1981, vide G.S.R.668 (E), dated 18thDecember
21. Orissa, w.e.f. 14th August 1974, vide G.S.R.364 (E), dated 14th August, 1974.
22. Punjab, w.e.f. Ist April 1975.
23. Rajasthan, w.e.f. Ist September 1973, vide G.S.R.410 (E), dated Ist September, 1973.
24. Sikkim, w.e.f. Ist May 1976, vide G.S.R.311 (E), dated Ist May, 1976.
25. Tamil Nadu, w.e.f. Ist January, 1974.
26. Tripura, w.e.f. 2nd October 1973, vide GS.R.465 (E), dated 2nd October, 1973.
27. Union Territory of Chandigarh, w.e.f. 2nd December 1974, vide G.S.R.674 (E), dated 2nd
December, 1974.
28. Union Territory of Pondicherry, w.e.f. Ist March 1975, vide G.S.R.62 (E), dated Ist March,
1975
29. Uttar Pradesh, w.e.f. Ist February 1973.
30. West Bengal, w.e.f. Ist May 1973, vide G.S.R.224 (E), dated Ist May, 1973.
--------------------------------------------------------------------------
1 Substituted by Act 44 of 1991, sec. 2(w.e.f. 2.10.1991)
2 Preamble omitted by Act 44 of 1991, sec. 3.
3 Sec. 1(2) It extends, in the first instance, , to the whole of the State of Andhra Pradesh, Bihar,
Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, Manipur, Punjab, Rajasthan,
Uttar Pradesh, and West Berigal, and to all the Union Territories, and it shall also extend
to such other State as may adopt this Act by 44 of 1991, sec 4.
4 (3) “or may become extended in future”, after “to which it extends” omitted by Act 44 of 1991, sec 4
5 Sec. 2(2) “and Ivory imported into India and an article made therefrom;” appended by Act. 44 of
1991, sec 5.
6 Sec. 2 (3) “big game” means any animal specified in Schedule III;” omitted by Act 44 of 1991, sec
5.
7 Sec. 2 (6) “Cattle” includes buffaloes, bulls, bullocks, camels cows domestic, elephants, donkeys,
goats, horses, mules, pigs and sheep, and also includes their young,” omitted by Act 44 of
1991, sec 5.
8 Sec.2 (7A) inserted by Act 44 of 1991, sec. 5.
9 Sec.2 (11) “meat or specified plant, “appended by Act 44 of 1991, sec.5.
10 Sec.2 (12A) “Inserted by Act 44 of 1991 sec. 5.
11 Sec.2 (13) “game reserve” means an area declared under sec. 36 to be a game reserved;” omitted by Act
44 of 1991. sec. 5.
12 Sec.2 (14) “or sec. 17H;” appended by Act 44 of 1991, sec.5.
13 Sec.2 (17) “marshes and wetlands” inserted after “whether artificial of natural,” by Act 44 of 1991,
sec.5.
14 Sec.2 (18A) “inserted by Act 44 of 1991 sec. 5.
15 Sec.2 (25A) inserted by Act 44 of 1991 sec. 5.
16 Sec. 2 (26) “26(A)” substituted after “whether under sec. “ by Act 44 of 199 1, sec 5.
17 Sec.2 (26A) inserted by Act 44 of 1991 sec. 5.
18 Sec.2 (27) “small game” means any animal specified in sch. IV “substituted by Act 44 of 1991, sec.5.
Sec 2 (30A) inserted by Act 44 of 199 1, sec 5.
19 Sec.2 (39) inserted by Act 44 of 1991, sec 5.

Summary of  the Status of  Wild  Populations of Species  Listed on CITES  Appendix 1

The Species Survival Network.pdf

 (English and Spanish only / Solamente en español e ingles/ Seulement en anglais et espagnol)

  SUMMARY OF THE STATUS OF WILD POPULATIONS OF SPECIES LISTED ON CITES APPENDIX I  AND THE DIFFICULTY OF KEEPING OR        BREEDING SPECIMENS OF THESE SPECIES KEEPING OR BREEDING SPECIMENS OF THESE SPECIES

 

 CLASS INSECTA

 Papilio chikae, Luzon Peacock Swallowtail Butterfly

 • Status: Endangered (IUCN 2000); Endangered (ESA)

 • Distribution: endemic to Luzon (Philippines

 • Keep: no ISIS record (2000)

 • Breed: no ISIS record (2000)

Source:  http://www.cites.org/common/com/AC/16/E16-Inf-15.pdf

• Distribution: endemic to Luzon (Philippines)
Luzon Peacock Swallowtail
Butterfly

SUMMARY OF THE STATUS OF WILD

 

 

POPULATIONS

OF SPECIES LISTED ON CITES APPENDIX I
AND THE DIFFICULTY OF
KEEPING OR BREEDING SPECIMENS OF THESE SPECIES
IN CAPTIVITY
September 2000
Prepared in response to CITES Secretariat Notification to the Parties No. 2000/044
By:
The Species Survival Network
Primary Contributors:
Animal Welfare Institute (USA)
Born Free Foundation (UK)
Humane Society International
Humane Society International-Australia
Humane Society of the United States (USA)
Pro Wildlife (Germany)
Royal Society for the Prevention of Cruelty to Animals (UK)
Whale and Dolphin Conservation Society (UK)
World Society for the Protection of Animals (UK)

Convention on International Trade in Endangered Species of Wild Fauna and Flora  (CITES)

CITES.odt

 What is CITES?


CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) is an international agreement between governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival.

Widespread information nowadays about the endangered status of many prominent species, such as the tiger and elephants, might make the need for such a convention seem obvious. But at the time when the ideas for CITES were first formed, in the 1960s, international discussion of the regulation of wildlife trade for conservation purposes was something relatively new. With hindsight, the need for CITES is clear. Annually, international wildlife trade is estimated to be worth billions of dollars and to include hundreds of millions of plant and animal specimens. The trade is diverse, ranging from live animals and plants to a vast array of wildlife products derived from them, including food products, exotic leather goods, wooden musical instruments, timber, tourist curios and medicines. Levels of exploitation of some animal and plant species are high and the trade in them, together with other factors, such as habitat loss, is capable of heavily depleting their populations and even bringing some species close to extinction. Many wildlife species in trade are not endangered, but the existence of an agreement to ensure the sustainability of the trade is important in order to safeguard these resources for the future.

Because the trade in wild animals and plants crosses borders between countries, the effort to regulate it requires international cooperation to safeguard certain species from over-exploitation. CITES was conceived in the spirit of such cooperation. Today, it accords varying degrees of protection to more than 30,000 species of animals and plants, whether they are traded as live specimens, fur coats or dried herbs.

CITES was drafted as a result of a resolution adopted in 1963 at a meeting of members of IUCN (The World Conservation Union). The text of the Convention was finally agreed at a meeting of representatives of 80 countries in Washington DC., United States of America, on 3 March 1973, and on 1 July 1975 CITES entered in force. The original of the Convention was deposited with the Depositary Government in the Chinese, English, French, Russian and Spanis languages, each version being equally authentic.

CITES is an international agreement to which States (countries) adhere voluntarily. States that have agreed to be bound by the Convention ('joined' CITES) are known as Parties. Although CITES is legally binding on the Parties – in other words they have to implement the Convention – it does not take the place of national laws. Rather it provides a framework to be respected by each Party, which has to adopt its own domestic legislation to ensure that CITES is implemented at the national level.

For many years CITES has been among the conservation agreements with the largest membership, with now 175 Parties.


When the government of a State decides that it will be bound by the provisions of CITES, it can 'join' the Convention by making a formal declaration to this effect in writing to the Depositary Government, which is the Government of Switzerland. Once a document containing this declaration has been received by the Depositary, through the diplomatic channel, the Convention enters into force for the State concerned 90 days later (see Article XXII).

A State for which the Convention has entered into force is called a Party to CITES. Currently there are 175 Parties. The two links below provide the:

A State that is a Party to CITES may withdraw from the Convention at any time by a process of denunciation (see Article XXIV). This has happened only once in the history of the Convention with the United Arab Emirates acceding to the Convention on 21 November 1974 but withdrawing from it on 27 January 1988. However the United Arab Emirates became a Party to the Convention again on 9 May 1990.

The process of making a declaration to be bound by the provisions of CITES is called ‘ratification’, ‘acceptance’, ‘approval’ or ‘accession’. Ratification, acceptance and approval are legally equivalent actions but are only applicable in relation to the States that signed the Convention when it was open for signature, between 3 March 1973 (when it was concluded) and 31 December 1974. (Acceptance and approval are the actions taken by certain States when, at national level, constitutional law does not require a treaty to be ‘ratified’.) All States that had signed the Convention have now ratified, accepted or approved it. The term ‘accession’ is used in relation to the States that did not sign the Convention (see Articles XIX, XX and XXI).

It should be noted that the number of Parties to CITES may fluctuate because of geopolitical changes such as the unification of two Parties (for instance the unification of the Federal Republic of Germany and of the German Democratic Republic on 3 October 1990) or the division of a State into two or more separate States (for instance the division of Czechoslovakia on 1 January 1993 into the Czech Republic and Slovakia).

The Conference of the Parties to CITES, which is the supreme decision-making body of the Convention and comprises all its member States, has adopted two amendments to the original text of the Convention, as made possible under Article XVII of the Convention. The first amendment was adopted at Bonn (Germany) on 22 June 1979, and entered into force on 13 April 1987. The second was adopted at Gaborone (Botswana) on 30 April 1983, but has yet to be accepted by a sufficient number of States then party to CITES to come into effect. The two links below provide further information on these amendments and on the Parties that have accepted them.

How CITES works


CITES works by subjecting international trade in specimens of selected species to certain controls. All import, export, re-export and introduction from the sea of species covered by the Convention has to be authorized through a licensing system. Each Party to the Convention must designate one or more Management Authorities in charge of administering that licensing system and one or more Scientific Authorities to advise them on the effects of trade on the status of the species.

The species covered by CITES are listed in three Appendices, according to the degree of protection they need. (For additional information on the number and type ofspecies covered by the Convention click here.)

Appendices I and II
  • Appendix I includes species threatened with extinction. Trade in specimens of these species is permitted only in exceptional circumstances.

  • Appendix II includes species not necessarily threatened with extinction, but in which trade must be controlled in order to avoid utilization incompatible with their survival.

    The Conference of the Parties (CoP), which is the supreme decision-making body of the Convention and comprises all its member States, has agreed in Resolution Conf. 9.24 (Rev. CoP14) on a set of biological and trade criteria to help determine whether a species should be included in Appendices I or II. At each regular meeting of the CoP, Parties submit proposals based on those criteria to amend these two Appendices. Those amendment proposals are discussed and then submitted to a vote. The Convention also allows for amendments by a postal procedure between meetings of the CoP (see Article XV, paragraph 2, of the Convention), but this procedure is rarely used.

    Appendix III

    This Appendix contains species that are protected in at least one country, which has asked other CITES Parties for assistance in controlling the trade. Changes to Appendix III follow a distinct procedure from changes to Appendices I and II, as each Party’s is entitled to make unilateral amendments to it.

A specimen of a CITES-listed species may be imported into or exported (or re-exported) from a State party to the Convention only if the appropriate document has been obtained and presented for clearance at the port of entry or exit. There is some variation of the requirements from one country to another and it is always necessary to check on the national laws that may be stricter, but the basic conditions that apply for Appendices I and II are described below.

Appendix-I specimens

  1. An import permit issued by the Management Authority of the State of import is required. This may be issued only if the specimen is not to be used for primarily commercial purposes and if the import will be for purposes that are not detrimental to the survival of the species. In the case of a live animal or plant, the Scientific Authority must be satisfied that the proposed recipient is suitably equipped to house and care for it.

  2. An export permit or re-export certificate issued by the Management Authority of the State of export or re-export is also required.

    An export permit may be issued only if the specimen was legally obtained; the trade will not be detrimental to the survival of the species; and an import permit has already been issued.

    A re-export certificate may be issued only if the specimen was imported in accordance with the provisions of the Convention and, in the case of a live animal or plant, if an import permit has been issued.

    In the case of a live animal or plant, it must be prepared and shipped to minimize any risk of injury, damage to health or cruel treatment.

Appendix-II specimens

  1. An export permit or re-export certificate issued by the Management Authority of the State of export or re-export is required.

    An export permit may be issued only if the specimen was legally obtained and if the export will not be detrimental to the survival of the species.

    A re-export certificate may be issued only if the specimen was imported in accordance with the Convention.

  2. In the case of a live animal or plant, it must be prepared and shipped to minimize any risk of injury, damage to health or cruel treatment.

  3. No import permit is needed unless required by national law.

In the case of specimens introduced from the sea, a certificate has to be issued by the Management Authority of the State into which the specimens are being brought, for species listed in Appendix I or II. For further information, see the text of the Convention, Article III, paragraph 5 and Article IV, paragraph 6.

Appendix-III specimens

  1. In the case of trade from a State that included the species in Appendix III, an export permit issued by the Management Authority of that State is required. This may be issued only if the specimen was legally obtained and, in the case of a live animal or plant, if it will be prepared and shipped to minimize any risk of injury, damage to health or cruel treatment.

  2. In the case of export from any other State, a certificate of origin issued by its Management Authority is required.

  3. In the case of re-export, a re-export certificate issued by the State of re-export is required

In its Article VII, the Convention allows or requires Parties to make certain exceptions to the general principles described above, notably in the following cases:

  • for specimens in transit or being transhipped [see Resolution Conf. 9.7 (Rev. CoP13)];

  • for specimens that were acquired before CITES provisions applied to them (known as pre-Convention specimens, see Resolution Conf. 13.6);

  • for specimens that are personal or household effects [see Resolution Conf. 13.7 (Rev. CoP14)];

  • for animals that were ‘bred in captivity’ [see also Resolution Conf. 10.16 (Rev.)];

  • for plants that were ‘artificially propagated’ [see also Resolution Conf. 11.11 (Rev. CoP14)];

  • for specimens that are destined for scientific research;

  • for animals or plants forming part of a travelling collection or exhibition, such as a circus [see also Resolution Conf. 12.3 (Rev. CoP14)].

There are special rules in these cases and a permit or certificate will generally still be required. Anyone planning to import or export/re-export specimens of a CITES species should contact the national CITES Management Authorities of the countries of import and export/re-export for information on the rules that apply.

When a specimen of a CITES-listed species is transferred between a country that is a Party to CITES and a country that is not, the country that is a Party may accept documentation equivalent to the permits and certificates described above.


Source: http://www.cites.org/eng/disc/species.shtml

Finnland : 160/1997

Nature Conservation Decree

Issued in Helsinki, February 7, 1997

 

Nature Conservation Decree.odt 

        160/1997

Nature Conservation Decree

Issued in Helsinki, February 7, 1997


Chapter 1


General provisions

Section 1


Cooperation between authorities

The environmental authorities and the forestry authorities shall cooperate in the

formulation of principles for the management and use of commercial forests within

the confines of a nature conservation programme, a protected habitat type, a landscape

conservation area, a site hosting a species under strict protection and sites included in,

or proposed by the Council of State for inclusion in, the Natura 2000 network.

Regarding land owned by the State, the agency or institution administering a site

referred to in paragraph 1 shall be involved in this cooperation.


Section 2

Monitoring of naturally occurring species and natural habitat types


The Ministry of the Environment shall organize the monitoring of naturally occurring

species and natural habitat types so as to establish their conservation status. Special

priority shall be assigned to endangered species, priority species and habitat types

referred to in the Directive of the Council of the European Community (92/43/EEC)

on the conservation of natural habitats and of wild fauna and flora, hereinafter the

Habitats Directive, and to items listed in annex V of the Directive of the Council of

the European Community (79/409/EEC) on the conservation of wild birds.

If monitoring data indicate that the conservation status of a species or natural habitat

type is no longer favourable, the Ministry of the Environment shall take steps to

restore its favourable conservation status.


Section 3

Nature conservation information system 2


An information system (nature conservation information system) shall be maintained

on nature reserves, natural monuments, nature conservation programmes, natural

habitat types, sites hosting endangered species, sites included in or proposed by the

Council of State for inclusion in the Natura 2000 network and landscape conservation

areas.


The information system shall contain decisions taken under the Nature Conservation

Act (1096/1996) and other essential data related to the planning, implementation,

supervision and research of nature and landscape conservation, as provided in further

detail by the Ministry of the Environment.


Paragraph 3 was repealed by decree issued May 21, 1999 (694/1999).


Paragraph 4 was repealed by decree issued May 21, 1999 (694/1999).



Chapter 2

Nature conservation programmes


Section 4


Nature conservation programme

In addition to what is provided in section 7 of the Nature Conservation Act, a nature

conservation programme shall state the conservation objectives and the criteria by

which sites are selected for protection, and define the sites to be included. The

location and boundaries of sites included in the programme shall be indicated on an

appropriate map, and the programme shall include an appended assessment of its

financial and social implications.


Section 5

Obtaining opinions on a nature conservation programme


A proposed nature conservation programme shall be submitted for the opinion of all

government authorities and institutions within whose jurisdiction it lies, the local

authority concerned, the Regional Council, national non-governmental nature-3

conservation and environmental organizations and associations promoting the

interests of landowners.


Chapter 3


Acquisition and administration of nature reserves


Section 6


Acquisition of nature reserves


The Ministry of the Environment shall decide on State acquisition of land for the

purpose of nature conservation. The Ministry of the Environment can, however,

delegate this duty, either wholly or in part, to a regional environmental centre.

Land purchased by the State for the purpose of nature conservation shall be under the

administration of the Ministry of the Environment. Before such land is designated as a

nature reserve, the Ministry of the Environment is authorized to delegate its

administration to the Finnish Forest and Park Service.

In accordance with the Act on the Finnish Forest and Park Service (1169/1993), the

Forest and Park Service shall decide on the acquisition of land for the purpose of

nature conservation in line with annual objectives adopted by Parliament. Such lands

are administered by the Forest and Park Service.


Section 7

Administration of nature reserves


State-owned nature reserves are administered by the Forest and Park Service, unless

provided or decided otherwise when the reserve is designated. Authorities and

agencies in charge of administering nature reserves shall see that they are used and

managed as instructed by the Ministry of the Environment.

What is provided in paragraph 1 shall not apply, however, to nature reserves

administered by some other ministry. 4

Any decision made by the Forest and Park Service under section 17, paragraph 1 of

the Nature Conservation Act, to designate a nature reserve shall be published in the

Statute Book of Finland.


Section 8

Council for National Parks


The Forest and Park Service and the Finnish Forest Research Institute are authorized

to appoint a council to oversee matters related to the management and use of national

parks. The council may include, among others, representatives of the government

authorities and local authorities concerned, scientific and nature conservation

organizations and representatives of the local community.

Section 9

Compensation paid in instalments

The first instalment of compensation referred to in section 54 of the Nature

Conservation Act shall be paid within the period provided for final payment of

compensation in section 52 of the Act on Redemtion of Immovable Property and

Special Rights (603/1977). Other instalments shall be paid at yearly intervals after the

lapse of said period.

If the sum of compensation is less than 50,000 euros, it shall not be split up into

instalments. (10.1.2002/14)


Chapter 4

Natural habitat types and landscape conservation areas


Section 10

Protected habitat types


The characteristic features of a natural habitat type are taken to include bedrock or

soil, hydro-ecology and food chain and the plant and animal species and populations

that have naturally adapted to these conditions. 5

The natural habitat types referred to in section 29 of the Nature Conservation Act

refer to the following habitats:


1) Wild woods rich in broad-leafed deciduous species, with at least 20 tree-sized

broad-leafed deciduous tree specimens growing either in one cluster or several

adjacent clusters per hectare within a contiguous tract of land to which boundaries can

be assigned. Deciduous broad-leafed species are oak, small-leafed lime, maple, ash,

fluttering elm and wych elm. A tree is tree-sized when its diameter exceeds seven

centimetres at a height of 1.3 metres. In the case of oak, however, said diameter shall

be 20 centimetres at said height.


2) Hazel woods with at least 20 hazel bush specimens of at least two metres in height

or width growing either in one or several adjacent clusters per hectare within a

contiguous tract of land to which boundaries can be assigned.


3) Common alder woods rich in swampland or springs, having common alder as the

predominant tree species and with lady ferns, marsh ferns and other large ferns as

tussock undergrowth. Interceding undergrowth consists of swamp vegetation, usually

plants of the arum family and irises.


4) Sandy shores in their natural state, covering an area large enough to form a

contiguous expanse of vegetation that hosts plant and animal species typical for sandy

shore habitats. The soil substance consists of sand or silt, the shore profile not being

significantly altered by development, reclaiming or levelling.

5) Coastal meadows, being uncultivated and characterised by open terrain and low growing vegetation as a result of natural processes or traditional livelihoods, and

consisting of nearly treeless and shrubless grass- or herb-rich coastal terrain.


6) Treeless or naturally sparsely wooded sand dunes formed from particles transported

and piled by winds, which are, silviculturally, wasteland or low-productive land.


7) Juniper meadows, or uncultivated semi-open terrain consisting of moist or dry

meadows shaped by traditional livelihoods. An abundance of juniper is the

outstanding feature of the landscape, alternating with typical rock and meadow

vegetation.



8) Wooded meadows consisting of semi-open terrain and having at least five trees

reaped for leaf fodder per hectare in alternation with typical meadow vegetation.


9) Single trees or groups of not more than five trees dominating an open landscape,

typically being thick-trunked, old, often ramified and broad-crowned. The diameter of

pine, birch or oak shall be at least 60 centimetres at a height of 1.3 metres, and 40

centimetres for other tree species. 'Open landscape' is not taken to include regenerated

forest areas.


Section 11

Notification and registration of decisions


Notification of a decision made by a regional environment centre under section 30 or

47 of the Nature Conservation Act shall be given to the forestry centre, local authority

and Regional Council.

The decision shall also be entered in the real estate register.


Section 12

Cooperation between regional environment centres and forestry centres


Regional environment centres shall cooperate with local forestry centres in setting the

boundaries of natural habitat types as referred to in section 29, paragraph 1,

subparagraphs 1-3, of the Nature Conservation Act before the decision referred to in

section 30 of said Act is made. Regarding land owned by the State, the regional

environment centre shall also collaborate with the authority or institution

administering it.


Section 13

Preparing a decision concerning a landscape conservation area


The Ministry of the Environment shall cooperate with the Ministry of Agriculture and

Forestry in preparing the decision to designate a landscape conservation area of

national interest in agricultural or forest areas. 7


The Regional Council shall cooperate with the forestry centre in drafting proposals for

the designation of a landscape conservation area for the protection of a forest

landscape.




Section 14

Opinions obtained on a proposal for a landscape conservation area


An opinion shall be obtained on a proposed landscape conservation area from those

government authorities and agencies in whose jurisdiction it lies, from the local

authority concerned, the Regional Council and from the non-governmental

organizations involved in nature conservation and environmental protection and from

other associations promoting the interests of landowners in the area concerned.


Section 15

Decision on a landscape conservation area


The decision to designate a landscape conservation area shall specify which precise

elements constitute its scenic value and the objectives of its protection and

management. The designation decision shall include provisions on preservation of the

landscape conservation area or any part thereof, as specified in section 34, paragraph

1.


Section 16

Outdoor advertising


Notices and advertisements announcing a meeting, public briefing, entertainment or

other comparable function, or elections or a referendum, as referred to in section 36,

paragraph 2, of the Nature Conservation Act, shall be posted no earlier than one

month prior to the event in question and shall be removed within one week after the

function is held.


Chapter 5

Protection of species 8


Section 17

Fish species


Fish species within the scope of application of the Nature Conservation Act, as

referred to in section 37 of said Act, are listed in appendix 1 to this decree.


Section 18

Protection of animal species


Animal species protected throughout the country under the provisions of section 38,

paragraph 2, of the Nature Conservation Act are listed in appendix 2 to this decree.


Section 19

Large birds of prey


Large birds of prey referred to in section 39, paragraph 2 of the Nature Conservation

Act are the golden eagle (Aquila chrysaetos), sea eagle (Haliaëtus albicilla), spotted

eagle (Aquila clanga), the lesser spotted eagle (Aquila pomarina) and osprey (Pandion

haliaëtus).



Section 20

Protected plant species


Plant species protected throughout the country under the provisions of section 42,

paragraph 1, of the Nature Conservation Act are listed in appendix 3(a) of this decree,

protected vascular plants south of Oulu Province are listed in appendix 3(b) and

vascular plants protected in the provinces of Oulu and Lapland are listed in appendix

3(c).

The Ministry of the Environment shall issue more detailed provisions in its decision

on the gathering and taking for commercial purposes of tree-sized or pillar-like

junipers and on the gathering of sea buckthorn berries. 9


Section 21

Threatened species


Threatened species referred to in section 46 of the Nature Conservation Act are listed

in appendix 4 of this decree.


Section 22

Species under strict protection


Species under strict protection referred to in section 47, paragraph 1, of the Nature

Conservation Act are marked with an asterisk (*) in appendix 4 of this decree.


Section 23

Species occurring in Finland listed in annex IV (a) of the Habitats Directive


Section 49, paragraph 1 of the Nature Conservation Act shall apply to species listed in

annex IV(a) of the Habitats Directive, which occur naturally in Finland and are listed

in appendix 5 of this decree.


Chapter 6

Miscellaneous provisions


Section 23a (3.10.1997/916)

Designated customs offices for import and export of specimens representing

threatened species


When importing or exporting animals, or parts or derivatives thereof, referred to in

Council Regulation (EC) No. 338/97 on the Protection of Species of Wild Flora and

Fauna by Regulating Trade Therein, from or to countries outside the European

Community (third countries), the designated customs offices referred to in section 44a

of the Nature Conservation Act are:


1) Helsinki, port;

2) Helsinki-Vantaa airport; 10

3) Vaalimaa;

4) Kilpisjärvi;

5) Raja-Jooseppi.


When importing or exporting plants, or parts or derivatives thereof, referred to in the

Council Regulation mentioned in paragraph 1, from or to third countries, the

designated customs offices referred to in section 44a of the Nature Conservation Act

are:


1) Helsinki, port;

2) Helsinki-Vantaa airport;

3) Turku;

4) Vaalimaa.


Section 24

The Natura 2000 network and the Network of Baltic Sea Coastal and Marine

Protected Areas


What is provided in section 5 concerning opinions obtained for proposed nature

conservation programmes shall apply, as appropriate, to sites proposed for inclusion

in the Natura 2000 network and the Network of Baltic Sea Coastal and Marine

Protected Areas.


Before any decision is made which is likely to result in a significant contraction or

substantial deterioration in the protection or management of a site included in the

Network of Baltic Sea Coastal and Marine Protected Areas, the Baltic Marine

Environment Commission shall be given an opportunity to state its opinion on the

matter.


Section 25

More detailed provisions


More detailed provisions on the implementation of this Decree shall be issued as

necessary by the Ministry of the Environment.


Section 26


Entry into force and repeals


This decree comes into effect on March 1, 1997.


This decree repeals the following decrees and Council of State decision:

1) decree on the protection of certain plant species, issued May 22, 1992 (450/1992)

and later amendments thereto;


2) decree on the protection of certain animal species, issued June 10, 1994

(483/1994);

3) decree on the acquisition, administration and management of nature reserves,

issued April 26, 1996 (296/1996); and


4) Council of State decision on species under strict protection, issued June 1, 1989

(519/1989).


The Ministry of the Environment decision on the duties of regional environment

centres in the acquisition of nature reserves (298/1996) issued under the decree

repealed above in paragraph 2, subparagraph 3, shall nevertheless remain in force.


Annex 2

PROTECTED ANIMAL SPECIES


Lepidoptera

Agriades glandon


Bembecia ichneumoniformis (B. scopigera)


Caryocolum petryi


Chloroclystis v-ata relicta


Clossiana thore thore


Clossiana titania


Cynaeda dentalis


Ethmia terminella


Eurodryas aurinia


Hesperiacomma catena


Hypodryas maturna


Lobesia euphorbiana


Lopinga achine


Lycaena dispar


Maculinea arion


Melitaea diamina


Parnassius apollo


Parnassius mnemosyne


Pseudophilotes baton


Scolitantides orion


Scopula corrivalaria


Scopula decorata


Zygaena osterodensis


Source: http://www.finlex.fi/fi/laki/kaannokset/1996/en19961096.pdf

 

Wild Animal Reservation and Protection Act, B.E. 2535 (1992)

 

Wild Animal Reservation and Protection Act, B.E. 2535 (1992)

Translation


Bhumibhol Adulyadej Rex

Given on the 19th Day of February B.E.2535

Being the 47the of the present Reign

By Royal Command of His Majesty King Bhumibhol Adulyadej it is here by proclaimed that.

Whereas it is deemed necessary to improve the Wild Animals Reservation and Protection Act B. E. 2503 (1960)

His Majesty the king by and with the advice and consent of the National legislative Assembly acting as the National Assembly, is graciously pleased to enact an Act as follows:


Section 1.

This Act shall be called the “Wild Animal Reservation and Protection Act, B.E. 2535 (1992)”

Section 2.

The Act shall come into force as and from the 1st day of March B.E.2535

Section 3.

The following Act and Notification are hereby repealed:

(1) the Wild Animal Reservation and Protection Act B.E. 2503, and

(2)the Revolutionary Notification No 228 dated 18th October B.E. 2515( 1975)

Section 4.

In this Act.

“Wild Animals” refers to all kinds of animals including terrestrial, aquatic, and winged animals as well as insects, which by nature are born and live in the forest or water. The term also refers to eggs of those various wild animals, but not the draught animals, which have been registered and issued identification cards in accordance with the law on draught animals as well as those of the propagation of said draught animals.

“Protected Wild Animals” refers to wild animals, which should be protected and are specified in the Ministerial Regulations.

“Reserved Wild Animals“ refers to rare wild animals appearing on the list attached to this Act, and those declared to be ones by the Royal Decree.

“Hunting refers” to the act of collecting, trapping, catching, shooting, killing, and any other of harming unwound wild animals livi8ng freely, as well as, those of chasing, herding, calling, and enticing them for the earlier mentioned purposes.

“Carcass of wild animals” refers to the body and part of the body of wild animals or meat thereof whether or not it has been grilled, roasted, dried, fermented, or subjected to any other treatment against decay, whether or not it has been detached from the body; and refers also to horn, hide bone, teeth, tusks, hairs, scale, shell, or any parts of the detachment whether or not the wild animal is still alive or dead.

“Breeding“ refers to the act of propagating of the wild animals in captivity through natural mating as well as artificial mating and gametes transferring.

“Trading“ refers to the act of buying, selling, exchanging, distributing, or changing of ownership for commercial purposes, including possessing or demonstrating for selling purpose.

“Importing“ refers to the act of bringing or ordering a product into the country.

“Exporting” refers to the act of taking or sending a product out of the country.

“In transit” means sending a product through a country.

“Wild animal checkpoint” refers to the Checkpoint for wild animals and their carcass.

“Zoological garden” refers to a public garden or park keeping a collection of wild animals for re-creative exhibition, study and research, and for the multiplication of the wild animals.

“Officer” refers to the official appointed by the Minister to carry out duties incurred by this Act.

“Director General” refers to the Director General of the Royal Forest Department, or of the Department of Fisheries specifically assigned to handle aquatic animal affairs.

“Committee” refers to the National Committee on Wild Animal reservation and Protection.

“Minister” refers to Minister authorized to supervise the execution of this Act.

Section 5.

The Minister of Agriculture and cooperatives shall supervise the execution of this Act. He is hereby empowered to appointed to appoint officers, to proclaim Ministerial Notification levying fees not exceeding the levels shown in the appendix of this Act, to reduce or waive fees, and to stipulate activities for the orderly conduct of this Act. 

CHAPTER ONE

General


Section 6.

This assignment of any particular kind of animals to the Protected Wild Animals category shall be done only through the formal proclamation of Ministerial regulation with the consent of the Committee.

The Ministerial regulation proclaimed in accordance with the preceding paragraph shall come into force as from the date fixed therein, but not more than sixty days before the date of its publication in the Government Gazette.

Section 7.

Hunters of wild animals who committed the infringement of this Act on account of necessity may be waived of their punishment under the following conditions:

(1) The infringement is committed to avoid danger, or to save their property or other people’s property.

(2) The act is reasonably committed, and

(3) In case the hunted animals are reserved wild animals or protected wild animals: after hunting the animals, the hunter must not move the bodies of the dead or alive animals, and he must notify the officer immediately.

The hunted animals or carcass thereof, in the preceding paragraph shall become state property, and shall be treated by the Royal Forest Department or the Department of Fisheries as the case may be in accordance with the regulation laid down by respective Director General with the consent of the Committee.

Section 8.

Petitions permissible by this act shall be considered by the authorized officer, who shall make known of his decision to the petitioners within 60 days after receiving the petition. Failure to act within the stipulated period shall be tantamount to positively acceptance of the petition, and the officer shall according issue the requested permit.

Otherwise specified to the contrary, the permit or certificate issued in accordance with this Act shall remain in effect throughout the period specified therein. In case the permit holder wants an extension, he should apply for one before the expiration of the current permit. After the extension of the permit has been granted, the permit holder is allowed to pursue his permitted activities until they are terminated by the authorized officer.

The extension of the permit, transfer of permit or of a certificate, or issuance of replacement in accordance with this act shall follow the regulation, method and condition specified in the Ministerial Regulation concerned.

CHAPTER TWO
The National Committee on the Wild Animal Reservation

Section 9.


The National Committee on the Wild Animal Reservation is hereby established. It shall consist of the Ministers of Agriculture and Cooperation as the Chairman, Permanent Secretaries of Agriculture and Cooperative, of Interior, and of foreign Affairs, Director general of the Department of Local Administration, of Land, of Fisheries, of Livestock Development, of Customer, and of Foreign trade as exofficio members; with no less than five and no more than ten distinguished members appointed by the Cabinet, and the Director-General of the royal forest Department serving as member and secretary.
No less than half of the distinguished members in the afore mentioned clause shall consist of appointees from representatives of associations or foundations involved in wildlife activities. 

Section 10.

The Committee members, who are appointed by the Cabinet, shall serve a term of two years. They are entitled to re-appointment after the expiration of their membership.

Section 11.

In addition to the expiration of membership on account of Section 10, the Cabinet-appointed Committee members shall cease their membership when they 

(1) Die,

(2) Resign,

(3) Are severed of their appointment by the cabinet,

(4) Are proclaimed by the Court to be legally incompetent, or


(5) Are sentenced by the final court to serve jail term, the exemption being the light sentence and the negligent cases.


Section 12.

While the committee meeting is in session, if the Chairman is absent or is not present in the room, the Committee members shall choose one among themselves to serve as Acting chairman.

Simple majority shall make the decision of the Committee.

Each member has one vote. When the votes are equally split, the Chairman cast the decision vote.

Section 13.

The quorum of the Committee meeting is set by one-half of the number of Committee members.

Section 14.

The Committee may appoint sub-committees to consider or perform any activities as assigned by it.

Section 15.
The duties of the Committee are as follows:

(1). Approving establishment of a wildlife Sanctuary in accordance with Section 33, as well as establishment of a Non-hunting Area and a list of species which are protected from hunting in such area in accordance with Section 32.

(2). Supervising the tasks specified in Section 35.

(3). Determining management treatments to be conducted in a Wildlife Sanctuary and a Non-hunting Area.
(4). Approving the declaration of any Royal Decrees, Ministerial Regulations and rules promulgated by virtue of this Act.

(5). Providing guidance to monitor the implementation of the Act in order to ascertain the effectiveness.

(6). Performing any other functions as may be assigned by the law.

CHAPTER THREE
Hunting Breeding Possessing and Trading of Wild Animals Carcass and Products Thereof

Section 16.

No person shall hunt or attempt to hunt the reserved wild animals or protected wild animals except the act is a part of official activities, which are exempted by the provision of Section 26. 

Section 17.


The Minister, with the consent of the Committee, is empowered to proclaim, through the issuance of Ministerial Regulation, certain kinds of protected wild animals to be one permissible for breeding operation.

Section 18.

No person shall undertake breeding operation of reserved or protected wild animal unless

(1). The breeding involves protected wild animals specified in Section 17 and is covered by the license issued by the Director General, and

(2). The breeding is a licensed activity of the entrepreneur who is permitted to undertake public zoological garden business in accordance with Section 29 and has received appropriate license for the purpose from the Director General.

The application for and approval of breeding operation in clause 1 and possession of wild animals for breeding purpose on the part of the licensed entrepreneur in (1) shall be pursued under the standard procedures and conditions stated in the Ministerial Regulation, and the license entrepreneur shall comply with the Ministerial Regulation and the conditions specified in the license.

The license in (1) and (2) shall expire on the date the licensed entrepreneur notifies the Director General of his intention to terminate his zoological enterprise in formal procedure outlined in the Ministerial Regulation

Section 19.

No person shall be in possession of reserved wild animal, protected wild Animal, carcasses of reserved or protected wild animals, except the protected wild animals in Section 17 category which were bred in captivity and carcasses thereof, in which case the possessor is required to have a license from the Director General and to observe the rules set by the Ministerial Regulation and condition prescribed in the license.

The application for and granting of license shall be pursued under the standard, procedures and conditions stated in the Ministerial Regulation

Paragraph one and paragraph two shall not apply to:

(1). Possession of protected wild animals by holder of breeding license in Section 18 (1) who keep the animals for breeding purpose or obtain the animal from breeding in captivity, and carcass of the animals in question, and

(2). Possession of reserved wild animals, protected wild animals, and carcasses of reserved and protected wild animals for the interest of the license public zoological garden enterprise and management thereof according to Section 29 which are displayed in the licensed public zoological garden.

Section 20.

No person shall engage in trading of reserved wild animals, protected wild animals, carcasses of reserved and protected wild animals, and products thereof, except that of protected wild animals specified in Section 17 which were obtained from breeding in captivity, carcass and product thereof, in which case permission by the Director General is a prerequisite. 

The application for and granting of the permission shall be pursued under the standard, procedure and conditions stated in the Ministerial Regulation.

Section 21.

No person shall collect, harm, or keep in possession of the nests of reserved and protected wild animals.

The first clause shall not apply to entrepreneurs obtaining license to collect swallow nests and people deriving and privilege thereof, in which case the collectors in question shall observe the rules set by the Director General and announced in the Government Gazette.

Section 22.

No person shall fire wild animals during the period from sunset to sunrise. 

CHAPTER FOUR

Importation, Exportation, Transitory Movement of Wild Animal and Wild Animal Check point

Section 23.

Subject to the provision of Section 24, no person shall engage in the importation and exportation of wild animals or carcass thereof appearing on the prohibition list of the Minister, transitory movement of reserved and protected wild animals or their carcass without permission from the Director General.

Important and exportation of protected and reserved wild animals and carcass is prohibited expect the animals in question were obtained from breeding in captivity according to Section 8 (1) and the importation or exportation permission has been received from the Director General.

The application for and granting of the permission shall be pursued under the standard, procedure and conditions stated in the Ministerial Regulation.

Section 24.

The importation, exportation and transitory movement of wild animals and carcass thereof, which require accompanying permit in accordance with the Convention on international Trade in England Species of Wild Fauna and Flora, are permissible only with permission by the Director-General.

The application for and granting of the permission shall be pursed under the standard, producer and conditions stated in the Ministerial Regulation.

Section 25.

The transitory movement of protected wild animals for business purpose of the license holder in accordance with Section 20 necessitates permission of the Director-General.

The application for and granting of the permission shall be pursued under the standard, procedure and conditions stated in the Ministerial Regulation. Sections 16, 18, 19 and 21

Section 26.

Provisions of, and Section 23 shall not apply to activities with the purpose of survey, study, research, on, wildlife protection, breeding, or for the interest of public zoological garden enterprise carried on by the government sector with written permission by the Director-General and under the rules and conditions set by the minister with the consent of the committee.

In case the activities in the earlier clause are performed for the breeding enterprise of the license holder in Section 18 , or for the public zoological garden enterprise of the license holder in Section 29, the change on and payment for expenditures, services, compensation and cost of wild animals shall be pursed in accordance with the procedures set by the Minister with the consent of committee.

Section 27.

The Minister is empowered to establish Wild Animal Check–point and set an operation area for each of the checkpoint through pronouncement in the Government Gazette.

Section 28.

Whoever intends to moved reserved and protected wild animals, and carcass therefore through the Wild Animal Check-point shall notify the officer in charge of the check-point of his intention by filling the standard form issued by the Director-General and submitting the permit for movement for commercial purpose, import or export permit, or permit for transitory movement of the wild animals as the case may be. Only when the request has been approved in writing, the movement activity may begin.

CHAPTER FIVE

Public Zoological Garden




Section 29.


Organizers intending to operate public zoological garden shall seek license for running the enterprise from the Director-General.

The license in the earlier clause shall expire on the late the licensed entrepreneur notifies the Director-General of his intention to terminate his zoological garden enterprise in accordance with Section 32.

The application for and granting of the permission shall be pursued under the standard, procedure and conditions stated in the Ministerial Regulation.

Section 30.

After receiving the license and before starting operation of public zoological garden, the entrepreneur shall declare to the officer for examination and registration of the kind and number of reserved wild animals, protected wild animals and carcass of these animals he has in possession or on display in his public zoological garden.

It shall be his duty hereafter to update the figure whenever the change in kind and number occurs.

The reports in the two preceding clauses shall be made in the manner and timing stated in the Ministerial Regulation.

Section 31.

In cases it is found that the site of the public zoological gardener the area where the animals are kept contravenes the regulation and condition from specification of the Ministerial regulation which was proclaimed by virtue of Section 29, or has been made unsafe for the people who visit the zoological garden, or has become an uncomfortable living place for the wild animals, the Director-General shall instruct the zoological garden license holder in writing to rectify the conditions and eliminate the defects.

In case the license holder does not follow the instruction within the specified time given in the written note, the officer is empowered to undertake the amelioration work and charge all expenses incurred to the license holder.

Section 32.

In case of the license holder who operates the public zoological garden enterprise according to Section 29, wants to terminate the business, he shall notify the Director-General of his intention in writing, and shall either sell his reserved and protected wild animals as well as their carcasses in his possession to other zoological garden license holders in accordance with Section 29, or sell his protected wild animals defined by Section 17, and the carcass thereof to holders of the license for wild animal breeding in accordance with Section 18 (1) within 180 days from the date he notifies the Director-General.

At the end of the 180 days period mentioned in the first clause all the unsold reserved wild animals, protected wild animals, and carcass thereof shall become state property, and the leaving license holder shall turn all these over to the Royal Forest Department or the Department of Fisheries as the case must be, so that they will be handled in accordance with rules and regulations set up by the Director-General with the consent of the Committee.
CHAPTER SIX

Area and Place under the Prohibition of Wild Animal Hunting


Section 33.

When it is deemed appropriate for preservation of wild animal breeds, the cabinet may proclaim through a Royal Decree any specific area to be the wild animal Sanctuary with a map showing the boundary as an appendix. The area shall be called the “Wild Animal Reserved Area.”

The land to be proclaimed as wild animal reserved area shall not be owned or legally possessed according to the Land Act by any person other than public body.

Section 34.

An extension or cancellation in whole or in part of the wild animal reserved area shall be made though a Royal Decree. In case the cancellation not for the whole of the wild animal reserved area, a map showing the changing area should be annexed to the Royal Decree.

Section 35.

The authorized official shall provide the boundary posts and signs or other marks sufficiently for enabling the public to know the wild animal reserved area.

Section 36.

In the wild animal reserved area, no person shall hunt wild animals, whether reserved, protected or any other; or collect or endanger their nests except for the educational purpose or scientific research and a permit has been obtained from the Director-General with the consent of the Committee.

Section 37.

No other person than the authorized officials or other officials on duty shall enter the wild animal reserved area unless the permission has been obtained from the assigned authorized officials.

Person permitted to enter the wild animal reserved area shall comply with conditions specified in the Ministerial Regulation.

Section 38.

In the wild animal reserved area, no person shall possess or hold the land, or cut, fell, clear, burn or destroy trees or other vegetation, dig for minerals, excavated ground or rock, pasture animals, change the water course, dry, overflow or pollute water in the waterway, stream, marsh or swamp to become detrimental to wild animals therein.

In cases it is necessary to act in the interest of protection and maintenance of wild animal reserved area, breeding wild animals, research or education, facilitation of conservation program, accommodation, or safe-keeping purposes; the Director-General is empowered to issue written instruction to officials of the Royal forestry Department of the Department of Fisheries, whichever he thinks appropriate to do so in accordance with the rules and regulations he laid down with the consent of the Committee.



Section 39.

The handling of plants and plant parts which are felled and clear by the officials in accordance with Section 38 clause 2 shall be done according to the rules and regulations laid down by the Director-General with the consent of the Committee.

Section 40.

The officials in charge of the wild animals reserved area is empowered to order the violators of Section 38 clause 1 to leave the wild animal reserved area, or to refrain from doing anything in violation of Section 38 clause 1 in the area.

Section 41.

No person shall, within the precinct of a monastery or a place provided for religious observance of the public, hunt the wild animal, either reserved or protected or not or collect or endanger its eggs or nests.

Section 42.

The Minister may, though the Government Gazette, proclaim any place used for government function, public interest or common public services to be an area freed from hunting of any kind and category of wild animals;

After the Minister proclamation of area where hunting of certain kind and category of wild animals are prohibited, no person shall engage in the following activities in the area:

(1). Hunting of said kind and category of wild animals,

(2). Collecting or harming of the nests of said wild animals, and

(3). Possessing or holding of land, cutting, felling, clearing, burning or destroying trees or other vegetation, mining, raising animals, changing the water course, drying, overflowing or polluting water in the waterway, stream, and marsh to become detrimental to wild animals therein; the exceptions are in case that the Director-General has granted him a written permission and in case that the Director-General has notified a periodic permission to perform the prohibited tasks in the interest of study and research in the particular prohibition area.

In case involving the officers and other government officials, they shall abide by the rules and regulations laid down by the Director-General with the consent of the Committee.

CHAPTER SEVEN

The Officers.


Section 43. hen it appears that a license holder has violated this Act, Ministerial Regulation, rules and conditions in the license, or has failed to comply with the instruction which was made by virtue of this Act, the Director-General is empowered to order suspension of the license for a period not exceeding ninety days: the Minister with the consent of the Committee, may order cancellation of such license.

In case of cancellation of the license, if it is the license for possession of reserved and protected wild animals or their carcass, the person whose license has beer cancelled, shall sell such reserved and protected wild animals or carcass thereof with in a period of thirty days from the day of such cancellation. After the lapse of such period, the unsold wild animals and their carcass shall become state property and shall be handled by the Royal Forest Department or the Department of Fisheries, whichever is more appropriate in the manner stated in the rules and regulations laid down by the Director-General with the consent of the Committee.

Section 44.

In case any person wants the officer or government officials performing duties incurred by this Act to work outside their office hours or normal office premise, whether inside or outside the country, he may present the request to the officer in charge and the officer concerned the same rate of per diem as that receives from the Government as well as traveling expense.

This request for the service Government officials and payment for their per diem and traveling expenses shall be made in accordance with the method and manner and conditions specified in the Ministerial regulation.

Section 45.

Regarding the arrest and suppression of the person committing an offence under this act, the authorized officer shall be the administrative or police official under the Criminal Procedure Code.

Section 46.

In case it is deemed appropriate that the public should pay for the service or compensation of the officials for the work incurred in wild animals reserved area or an area in which prohibiting hunting of any kind, the Director-General is empowered to set the rates of charge or compensation with consent of the committee.

CHAPTER EIGHT

Penalty


Section 47.

Whoever violates Section 16. Section 19. Section 20. Clause 1, or Section 23 Clause 1 shall be punished with imprisonment not exceeding four years or fined not exceeding forty thousand bath, or both.

Section 48.

Whoever violates Section 18 and Section 23 Clause 2 or whoever neglects to observe Section 29 shall be punished with imprisonment not exceeding three years or fined not exceeding thirty thousand bath, or both.

Section 49.

Whoever possesses protected wild animals bred in captivity or carcass thereof without license according to Section 19 shall be punished with imprisonment not exceeding one year or fined not exceeding ten thousand bath, or both.
Section 50.

Whoever trades protected wild animals bred in captivity or carcass thereof without license according to Section 20 shall be punished with imprisonment not exceeding two years of fined not exceeding twenty thousand bath, or both.

Section 51.

Whoever violates Section 21, or Section 41 shall be punished with imprisonment not exceeding one year or fined not exceeding 6en thousand bath, or both. 

Section 52.

Whoever does not observe Section 25 or Section 41 shall be fined not exceeding five thousand bath.

Section 53.

Whoever violates Section 36 shall be punished with imprisonment not exceeding five years or fined not exceeding fifty thousand bath, or both.

Section 54.

Whoever violates Section 38 or Section 42 Clause 2 shall be punished with imprisonment not exceeding seven years or fined not exceeding one hundred thousand bath or both.

In case the punished violator Section 38 is found to possess, hold land, utilize or live within the Wild Animal Reserved Area where the crime has been committed, the Court is empowered to order the violator, his employees, labors, agent and followers to leave the area.

The handling of plant and plant parts which has been felled and cleared by the violator of Section 38 Clause 1 shall be done according to the rules and regulations laid down by the Director-General with the consent of the Committee, but these rules and regulations shall in no way allow the passing on of the plants and plant parts to entities other than the Government Units.

Section 55.

Whoever assists in concealing, disposing of, taking away, purchasing, holding in pledge or receiving by any other means wild animals carcass, which have been acquired by through commission of an offense under this Act, shall be punished with imprisonment not exceeding one year or fined not exceeding ten thousand bath, or both. 

Section 56.

Whoever causes the boundary posts, signs and other marks, which have been made by the officers through the provision of this Act, to move away, fade out, damage or become useless shall be punished with imprisonment not exceeding four years or fined not exceeding forty thousand bath, or both.

Section 57.
All weapons, equipment, materials, draught animals, vehicles, or any machinery used in the commission of an offense under Section 16, 36, 38, 41, or 42 clause 2 shall be confiscated whether or not the accused has been convicted for such offense.
Section 58.

All reserved wild animals, protected wild animals, carcass of such animals, products made of those carcass, or the nests of the wild animals shall be confiscated, when the person convicted of an offense under this Act has obtained them illegally.

All the confiscated items can become state property and shall be handled by the Royal Forest Department or the Department of Fisheries, as the case may be , in the manner outlined in the rules set by the Director-General with the consent of the committee. 

Section 59.

In case the violators are legal entity, the Managing Director, the Manager of the Representative of the legal entity involved shall be punished for the violation unless evidence could be submitted in favor of their innocence or nonparticipation in the wrongdoing.

Section 60.

The Director-General or the officer appointed by the Director-General is empowered to pass judgment on the infringements of this Act are punishable by fine penalty only. When the accused person has paid the specified amount of fine within thirty days. The case shall be considered as close in accordance with the Criminal Code.

Transitory Provision


Section 61.


Pursuant to the proclamation of the Ministerial Regulation in accordance with Section 6 Clause 1 providing measures for overseeing the additional kinds of protected wild animals and their carcass which were held by certain individual before the date of regulation, the following directives are announced:

(1). Person in possession of the addition kinds of protected wild animals shall report to the officer the kind and amount of protected wild animals they hold within 90 days from the date of the ministerial regulation. After checking by the officer, if the owner or holder of the animals does not want to keep them any further. He shell sell them to the holder of license for the public zoological garden organizer and operator according to Section 29, he shall sell the animals referred to in Section 17 to the holder of license for breeding in captivity in accordance with Section 18 within one hundred and twenty days after the date of reporting to the officer. After the specified period has lapsed, the unsold animals remaining in the area shall become state property and the owner shall turn them over to the Royal Forest Department or the department of Fisheries , whichever is more appropriate, in accordance with the rules and regulations laid down by the Director–General with the consent of the Committee. In case the protected wild animals are of the kind specified in Section 17, and the owner or the holder want s to breed them ; he shall apply for the license in accordance with Section 18 within thirty days. After his report to the officer, he may take possession of the animals.

In case the owner or the holder of the protected wild animals wants to keep the animals, the officer shall check the animal tending condition. If his animals tending condition is safe enough to entitle him to continue to keep the animals. The license issued by the Director-General shall be granted to him. The license is temporary one covering the length of life of the animals concerned. The license holder shall comply with animal raising instruction therein laid down by the Minister with the consent of the Committee. Whenever there is change in the number of the protected wild animals, the license holder shall notify the officer in charge.

(2). As for the carcass of the protected wild animals, the owner or holder shall report the kinds and amount of said carcass in his possession to the officer in charge within ninety days from the start of the Ministerial Regulation. After the officer has recorded the figures, the owner or holder is allowed to possess the carcass. In case the carcass is that of the protected wild animal kept for commercial purpose, after record has been taken by the officer, the owner or holder shall sell or dispose of the whole products within the period of three years.

The report and report format and the license for temporary possession of protected wild animals shall be in accordance with the stipulation of the Ministerial Regulation.

Section 62.


The Protected Wild Animal Category 1 and 2 in the ministerial Regulation proclaimed by virtue of the Wild Animal Reservation and Protection Act B.E. 2503 shall be considered as Protected Wild Animals in accordance with this Act.

Section 63.


The Wild Animal Category 1 and Category 2 in the ministerial Regulation proclaimed by virtue of he Wild Animal Reservation and Protection Act B.E. 2503 shall be considered as Protected Wild Animals in accordance with this Act.

Section 64.

All the Ministerial Regulation and the rules and notification proclaimed by virtue of the Wild Animal Reservation and Protection Act B.E. 2503 still operative before or on the convening date of this Act shall continue to apply as long as they do not conflict with provision of this Act., and shall terminate with the proclamation of the Ministerial regulation and the rules and notifications by virtue of this Act.

Section 65.

The licenses to hunt reserved Wild animals, to hunt all categories of protected wild animals and carcass thereof, which were issued to pay person on or before the date this Act becomes operative, shall terminate thereafter.

Section 66.

Whoever illegally holds in possession of reserved or protected wild animals on or before the date this Act becomes operative shall be waived the punishment of the crime if he surrendered said wild animals to the officer within ninety days from the date this Act becomes operative. The animals in question shall become state property. After recording the kind and number of the animals, the Director-General may allow the animals’ keeper to continue keeping their animals, if he considered appropriate which is based largely on the welfare and safety of the animals themselves.

Whoever illegally holds in possession of the carcass of reserved or protected Wild Animals on or before the date this Act becomes operative. After the officer has recorded the figures, the owner or holder is allowed to possess of inheritance,

Section 67.

Whoever legally holds in possession of reserved or protected Wild animals or the carcass thereof on or before the date this Act become operative shall report to the officer in charge the kind and amount of reserved or protected wild animals and the kind and amount of their respective carcass within ninety days from the date this Act becomes operative. After the officer has recorded the figures, the following procedures shall be adopted:

(1). For reserved wild animals, the owner or holder shall sell the animals in question to organizers and operators of public zoological garden who have applied for licenses to operate the enterprise in accordance with Section 69 within one hundred and eighty days from the date of submission of the report. After the specified period has lapsed, the unsold reserved wild animals shall become state property and the owner shall turn them over to the Royal Forest department or the Department of Fisheries, whichever is more appropriate, for further deliberation in accordance with the rules and regulations laid down by the director General with the consent of the Committee.

(2). for protected wild animals or carcass thereof, provision of Section 61 shall be applied mutatis mutandis

(3). For carcass of reserved animals, the owner or holder may continue to keep the carcass with the condition that he shall not sell, distribute or hand it over to any other person unless he has written permission from the Director-General to do so has inheritance expediency to support the ownership transfer

(4). For protected wild animals has been held in possession by holders of license for trading of the animals in accordance with the Wild Animal Reservation and Protection Act B.E.2503, after the said license holder has applied for the permission to trade in the protected wild animals according to Section 68 he shall be entitled to continue to trade in the kind of animals specified in Section 17 which have been propagated through breeding in captivity. As for the protected wild animals outside the specification of Section 17, the trade license holder shall sell all these animals within two years from the date he reports to the officer in charge. At the expiration of the period the unsold animals which are not covered by Section 17 specification shall become state property and shall be handed to either the Royal Forest Department or the Department of Fisheries whichever is more appropriate for deliberation, in accordance with the rules and regulation laid down by the Director-General with the consent of the Committee.

(5). For carcass of the protected wild animals which have been held in possession by holders of for trading of the carcass concerned in accordance with the wild animal reservation and Protection Act B.E. 2503, after the officer has checked and taken record of kind and amount of the carcass concerned held in possession by each holder, the Director-General shall issue a temporary trading permit to the holder. The holder shall sell the all carcass concerned with three years from the date he receives the temporary permit. He shall also make monthly report to the officer in charge starting the monthly sale in the manner prescribed by the Director-General with the consent of the Committee. At the end of the three-year period the unsold carcass shall become state property and shall be handed to either the Royal Forest Department or the Department of Fisheries whichever is more appropriate for deliberation in accordance with the rules and regulation laid down by the Director-General with the consent of the Committee, unless the carcass is that of the property wild animals specified in Section 17 which are bred in captivity and unless the entrepreneur in question has already applied for trading license of carcass of protected wild animals bred in captivity specified in Section 68. The formal of the report and the manner of reporting shall be in accordance with specification included in the Ministerial Regulation.

Section 68.

Entrepreneurs of propagation enterprises, trading of protected wild animals bred in captivity as well as of their carcass and products thereof which exist on or before the date this Act becomes operative, shall apply for respective license issued in accordance with this Act within thirty days from the date the Act is promulgated. After the license has been applied for, the entrepreneur may proceed with his enterprise until he receives an instruction to cease the business from the Director-General.

In case the Director-General does not approve the license application, the provision of Section 43 Clause 2 shall be applied mutatis mutandis.

Section 69.

Whoever organizes and operates public zoological garden on or before this Act become operative shall applied for license in accordance with this Act within thirty days. After the application has been approved and the officer has checked and found the establishment to be up to the standard prescribed in Section 30 Clause 2 and 3 and Section 31 and the officer has recorded the figures on kind and amount of reserved wild animals, protected wild animals and carcass thereof, the Director-General shall issue license allowing the entrepreneur to organize and operate said public zoological garden.

Section 70.

Whatever appending application submitted on or before the date this Act becomes operative shall be considered as revoked unless they are application for conduct of activities which are permissible in accordance with this Act. In such cases, the Director-General shall consider them on a case to case basis.

Countersigned by Mr. Anan Panyarachun as Prime Minister


Source:
http://chiangmai2.mofcom.gov.cn/aarticle/lawsofhostcountry/internationallaw/200810/20081005837004.html

 

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