Endangered Animals and Plants Act 1976

BERMUDA
1976 : 52

ENDANGERED ANIMALS AND PLANTS ACT 1976

ARRANGEMENT OF SECTIONS

1 Interpretation

2 Prohibition of importation and exportation of animal, plant or article specified in Schedule 1, 2 or 3 except under licence

3 Scientific authorities

4 Minister may modify Schedules 1, 2 and 3

5 Live animal when imported under licence to be kept at specified premises

6 Stop and search powers

7 Offences by corporations

8 [omitted]

9 Saving for other Acts

10 Commencement [omitted]

SCHEDULE 1
Animals the importation and exportation of which are restricted

SCHEDULE 2
Plants the importation and exportation of which are restricted

SCHEDULE 3
Articles the importation and exportation of which are restricted

[22 July 1977]

[preamble and words of enactment omitted]

Interpretation

1 In this Act—

"the Convention" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora which was opened for signature at Washington on 3rd March, 1973;

"the Department" means the Department of Agriculture, Fisheries and Parks;

"export" means to take, or cause to be taken, out of Bermuda;

"import" means to bring, or cause to be brought, into Bermuda and includes to bring, or cause to be brought, into Bermuda for the purpose of export;

"the Minister" means the Minister responsible for Agriculture and Fisheries.

[section 1 amended by 1991:99 effective 1 January 1992]

Prohibition of importation and exportation of animal, plant or article specified in Schedule 1, 2 or 3 except under licence

2 (1) Subject to subsection (2), the importation and the exportation of—

(a) a live or dead animal of any of the kinds for the time being specified in the second column of Schedule 1; or

(b) a live or dead plant of any of the kinds for the time being specified in the second column of Schedule 2; or

(c) an article for the time being specified in Schedule 3,

is prohibited.

(2) Subsection (1) does not apply to the importation or exportation of any animal, plant or article referred to in that subsection under and in accordance with the terms of a licence issued by the Minister.

(3) A licence issued under subsection (2) may be general or specific, may be expressed to be valid for such period as may be stated in the licence and may be modified or revoked at any time by the Minister.

(4) Where a live or dead animal or plant of any of the families for the time being specified in the first column of Schedule l or 2 or an article for the time being specified in Schedule 3 is being imported or exported or has been imported, a customs officer or officer of the Department may require any person possessing or having control of the animal, plant or article to furnish proof that its importation or exportation is or was not unlawful by virtue of this section; and if such proof is not furnished to the satisfaction of the Minister the animal, plant or article shall be forfeited to the Crown and disposed of in such manner as the Minister may direct.

(5) Any person who contravenes subsection (1) commits an of-

fence:

Punishment on summary conviction: a fine of $1,000 or imprisonment for six months and any animal, plant or article in respect of which the offence is committed shall, without further order, be forfeited to the Crown and disposed of in such manner as the Minister may direct.

(6) Any person who, for the purpose of obtaining, whether for himself or another, the issue of a licence under subsection (2)—

(a) makes any statement which he knows to be false in a material particular;

(b) furnishes a document or information which he knows to be false in a material particular; or

(c) recklessly makes a statement which is false in a material particular,

commits an offence:

Punishment on summary conviction: a fine of $1,000 or imprisonment for three months.

Scientific authorities

3 (1) The Minister may—

(a) establish any body, consisting of such members as he may from time to time appoint;

(b) assign to any such body the duty referred to in subsection (3).

(2) A reference in this Act to a scientific authority is a reference to a body which is established under subsection (1) or to which the duty there referred to is assigned under that subsection.

(3) It shall be the duty of a scientific authority to advise the Minister on any question which he may refer to it, and on any question on which it considers it should offer its advice,—

(a) in connection with the administration of this Act;

(b) generally in connection with the importation and exportation of animals and plants of kinds which appear to him or, as the case may be, the authority to be endangered and articles derived wholly or partly from animals and plants of those kinds.

(4) Fees shall be paid to members of any body established under this section in accordance with the Government Authorities (Fees) Act 1971 [title 14 item 6].

Minister may modify Schedules 1, 2 and 3

4 (1) Where, after consultation with any scientific authority,—

(a) the Minister decides that the importation and exportation of any animal or plant of a particular kind or of any article derived wholly or partly from any animal or plant of a particular kind should be restricted because it appears to him that the kind of animal or plant concerned is endangered or that the danger to the kind concerned has increased; or

(b) he decides that the importation and exportation of any animal or plant of a particular kind or of any article derived wholly or partly from any animal or plant of a particular kind should no longer be restricted because it appears to him that the kind of animal or plant concerned is no longer endangered or that the danger to the kind concerned has decreased,

he may by order make such modifications in any of Schedules l to 3 as he considers necessary or desirable to give effect to that decision.

(2) The negative resolution procedure shall apply to orders made under this section.

Live animal when imported under licence to be kept at specified premises

5 (1) Where a licence under section 2(2) has been issued or applied for in respect of the importation of a live animal of any of the kinds for the time being specified in the second column of Schedule 1 and, after consultation with any scientific authority, the Minister considers that it is desirable to give a direction under this section, he may direct that the animal shall, immediately after—

(a) being imported; or

(b) undergoing (in accordance with any provision requiring it) any period of quarantine required by any statutory provision,

be taken to and subsequently kept at such premises as may be specified in the direction until such time as the Minister may give permission for the animal to be moved from those premises.

(2) Any person who, knowing that a direction under subsection (1) has been given in relation to an animal,—

(a) knowingly takes it, or knowingly permits it to be taken, after it has been imported, to premises other than—

(i) the premises specified in the direction;

(ii) premises connected with the importation of the animal; or

(iii) premises where the animal is to undergo (in accordance with any provision requiring it) any period of quarantine required by any statutory provision; or

(b) knowingly moves it or knowingly permits it to be moved from the premises specified in the direction in the absence of such permission as is mentioned in subsection (1),

commits an offence:

Punishment on summary conviction: a fine of $500.

Stop and search powers

6 (1) For the purposes of this Act any police officer or customs officer, or any officer of the Department authorized for the purpose by the Minister may—

(a) stop, board and search any ship, aircraft or vehicle if he has reason to suspect that there is therein anything liable to seizure;

(b) stop and search any person and search the property of any person if be has reason to suspect that such person has in his custody anything liable to seizure.

(2) Where it appears to a magistrate, upon the oath of any person, that there is reasonable cause to believe that in any place or premises there is anything liable to seizure, the magistrate may, by warrant directed to a police officer or officer of the Department empower him to enter, forcibly if necessary, and search the place or premises named in the warrant and to seize anything found therein which is liable to seizure.

(3) For the purposes of this section any animal, plant or other article imported in contravention of section 2 shall be liable to seizure.

Offences by corporations

7 Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Amendment

8 [omitted]

Saving for other Acts

9 Nothing in this Act shall derogate from the Agriculture Act 1930 [title 25 item 1], the Fisheries Act 1972 [title 25 item], the Care and Protection of Animals Act 1975 [title 25 item 16] or the Protection of Birds Act 1975 [title 25 item 19].

Commencement

10 [omitted]

[this Act was brought into operation on 1 January 1977 by GN 383/1976]

SCHEDULES

SCHEDULE 1

Animals the importation and exportation
of which are restricted

MAMMALIA

Family Kind

Marsupialia

Macropodidae Bettongia lesueur

Bettongia penicillate

Bettongia tropica

Caloprymnus campestris

Dendrolagus inustus

Dendrolagus ursinus

Lagorchestes hirsutus

Lagostrophus fasciatus

Macropus parma

Onychogalea freanata

Onychogalea lunata

Phalangeridae Wyulda squamicaudata

Burramyidae Burramys parvus

Vombatidae Lasiorhinus gillespiei

Peramelidae Chaeropus ecaudatus

Macrotis lagotis

Macrotis leucura

Perameles bougainville

Dasyuridae Antechinomys laniger

Myrmecobius fasciatus rufus

Planigale subtilissima

Planigale tenuirostris

Sminthopsis longicaudata

Sminthopsis psammophila

Thylacinidae Thylacinus cynocephalus

Insectivora

Erinaceidae Erinaceus frontalis

Primates

Lemuridae Allocebus

Cheirogaleus

Hapalemur

Lemur

Lepilemur

Microcebus

Phaner

Lorisidae Loris tardigradus

Nycticebus coucang

Indriidae Avahi

Indri

Propithecus

Daubentoniidae Daubentonia madagascariensis

Callithricidae Callimico goeldii

Leontopithecus (otherwise known as Leontideus)

Cebidae Alouatta villosa palliata

Ateles geoffroyi frontatus

Ateles geoffroyi panamensis

Brachyteles arachnoides

Cacajao

Cebus capucinus

Chiropotes albinasus

Saimiri oerstedi

Cercopithecidae Cercocebus galeritus galeritus

Colobus badius gordonorum

Colobus badius kirki

Colobus badius rufomitratus

Colobus verus

Macaca silenus

Macaca sylvana

Nasalis larvatus

Presbytis entellus

Presbytis geei

Presbytis johni

Presbytis pileatus

Pygathrix nemaeus

Rhinopithecus roxellanae

Simias concolor

Hylobatidae Hylobates

Symphalangus syndactylus

Pongidae Gorilla gorilla

Pan paniscus

Pan troglodytes

Pongo pygmaeus abelii

Pongo pygmaeus pygmaeus

Edentata

Dasypodidae Priodontes giganteus (otherwise known as Pridontes maximus)

Myrmecophagidae Myrmecophaga tridactyla

Tamandua tetradactyla chapadensis

Bradypodidae Bradypus boliviensis

Pholidota

Manidae Manis crassicaudata

Manis javanica

Manis pentadactyla

Manis temmincki

Lagomorpha

Leporidae Caprolagus hispidus

Nesolagus netscheri

Romerolagus diazi

Rodentia

Heteromyidae Dipodomys phillipsi phillipsi

Sciuridae Cynomys mexicanus

Lariscus hosei

Ratufa

Castoridae Castor canadensis frondator

Castor canadensis repentinus

Castor canadensis mexicanus

Castor fiber birulai

Cricetidae Ondatra zibethicus bernardi

Muridae Leporillus conditor

Notomys aquilo

Pseudomys fieldi

Pseudomys fumeus

Pseudomys novaehollandiae

Pseudomys occidentalis

Pseudomys praeconis

Pseudomys shortridgei

Xeromys myoides

Zyzomys pedunculatus

Chinchillidae Chinchilla brevicaudata boliviana

Cetacea

Platanistidae Platanista gangetica

Eschrichtidae Eschrichtius

Balaenopteridae Balaenoptera musculus

Megaptera novaeangliae

Balaenidae Balaena mysticetus

Eubalaena

Carnivora

Picidae Canis lupus crassodon

Canis lupus irremotus

Canis lupus monstrabilis

Canis lupus pallipes

Chrysocyon brachyurus

Cuon alpinus

Vulpes velox hebes

Ursidae Helarctos malayanus

Ursus americanus emmonsi

Ursus arctos

Ursus maritimus (otherwise known as Thalarctos maritimus)

Procyonidae Ailurus fulgens

Mustelidae Aonyx microdon

Enhydra lutris nereis

Lutra felina

Lutra longicaudis (otherwise known as Lutra annectens or Lutra platensis)

Lutra provocax

Martes americana atrata

Mustela nigripes

Pteronura brasiliensis

Viverridae Cynogale bennetti

Hemigalus derbyanus

Prionodon linsang

Prionodon pardicolor

Hyaenidae Hyaena brunnea

Felidae Acinonyx jubatus

Felis bengalensis bengalensis

Felis caracal (otherwise known as Caracal caracal)

Felis colocolo budini

Felis colocolo crespoi

Felis colocolo pajeros

Felis concolor azteca

Felis concolor coryi

Felis concolor costaricensis

Felis concolor cougar

Felis concolor mayensis

Felis concolor missoulensis

Felis jacobita

Felis lynx isabellina

Felis rufa escuinapae (otherwise known as Lynx rufa escuinapae)

Felis marmorata

Felis nigripes

Felis pardalis

Felis planiceps

Felis serval

Felis temmincki

Felis tigrina

Felis wiedii

Felis yagouaroundi

Neofelis nebulosa

Panthera leo persica

Panthera onca

Panthera pardus

Panthera tigris

Panthera uncia

Pinnipedia

Otariidae Arctocephalus australis

Arctocephalus galapagoensis

Arctocephalus philippi

Arctocephalus townsendi

Phocidae Mirounga angustirostris

Mirounga leonina

Monachus

Tubulidentata

Orycteropodidae Orycteropus afer

Proboscidea

Elephantidae Elephas maximus

Sirenia

Dugongidae Dugong dugon

Trichechidae Trichechus inunguis

Trichechus manatus

Trichechus senegalensis

Perissodactyla

Equidae Equus hemionus

Equus przewalskii

Equus zebra zebra

Tapiridae Tapirus bairdi

Tapirus indicus

Tapirus pinchaque

Tapirus terrestris

Rhinocerotidae Ceratotherium simum cottoni

Diceros bicornis

Didermocerus sumatrensis

Rhinoceros sondaicus

Rhinoceros unicornis

Artiodactyla

Suidae Babyrousa babyrussa

Sus salvanius

Hippopotamidae Choeropus liberiensis

Camelidae Camelus bactrianus

Vicugna vicugna

Cervidae Axis calamianensis

Axis kuhli