Trade in Endangered Species Regulations (R.R.A. T27-1)

ANGUILLA REVISED REGULATIONS OF ANGUILLA under TRADE IN ENDANGERED SPECIES ACT R.S.A. c. T27 Showing the Law as at 15 December 2010 This Edition was prepared under the authority of the Revised Statutes and Regulations Act, R.S.A. c. R55 by the Attorney General as Law Revision Commissioner. Regulation Citation Page TRADE IN ENDANGERED SPECIES REGULATIONS R.R.A. T27-1 3 Revises R.A. 19/2010, in force 1 August 2010 (15/12/2010) Published by the Attorney General’s Chambers Printed under Authority by The Regional Law Revision Centre Inc. ANGUILLA © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  Government of Anguilla All rights reserved. No part of this publication may be reproduced in any form or by any means (including photocopying) without the written permission of the Government of Anguilla except as permitted by the Copyright Act or under the terms of a licence from the Government of Anguilla. © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.S.A. c. T27 Trade in Endangered Species Regulations R.R.A. T27-1 15/12/2010 3 Revised Regulations of Anguilla: T27-1 TRADE IN ENDANGERED SPECIES ACT, R.S.A. c. T27 TRADE IN ENDANGERED SPECIES REGULATIONS NOTE: These Regulations are enabled under section 47 of the Trade in Endangered Species Act, R.S.A. c. T27. TABLE OF CONTENTS PART 1 INTERPRETATION SECTION 1. Interpretation PART 2 EXEMPTIONS 2. General exemption 3. Specimens of species in transit 4. Non-commercial loan, donation or exchange between scientific institutions 5. Pre-Convention specimens 6. Artificially propagated plant specimens 7. Animal specimens bred in captivity 8. Personal goods and household goods 9. International travel with live animal for personal use 10. Travelling exhibitions 11. Sample collection covered by an A.T.A. Carnet PART 3 APPLICATIONS, CONVENTION DOCUMENTS AND APPEALS Division 1 Application and Issue of Convention Documents 12. Application for Convention document 13. Exemption from application fee 14. Issue of Convention document 15. Period of validity 16. Terms and conditions 17. Retrospective Convention document 18. Replacement of Convention document © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.R.A. T27-1 Trade in Endangered Species Regulations R.S.A. c. T27-1 15/12/2010 4 Division 2 Determinations Relative to Applications for Convention Documents 19. Determination of legal acquisition 20. Determination of non-detriment 21. Determination of primarily commercial purpose for a specimen of an Appendix I species 22. Determination of suitably equipped to house and care for a live specimen Division 3 Refusal, Suspension and Cancellation of Convention Document 23. Notice of denial of application for Convention document 24. Suspension of Convention document and notice of suspension 25. Cancellation of Convention document and notice of cancellation 26. Property in Convention document and duty to return Division 4 Request for Reconsideration and Appeal 27. Request for reconsideration 28. Appeal 29. Decision on appeal PART 4 MISCELLANEOUS 30. Labelling 31. Citation SCHEDULE 1: Application Fees for Convention Documents SCHEDULE 2: Information Required on Convention documents © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.S.A. c. T27 Trade in Endangered Species Regulations R.R.A. T27-1 15/12/2010 5 PART 1 INTERPRETATION Interpretation 1. In these Regulations— “applicant” means a person who makes an application in accordance with Division 1 of Part 3; “approved wharf” has the meaning assigned in the Customs Act; “A.T.A. Carnet” has the meaning assigned in the Customs Act; “customs airport” has the meaning assigned in the Customs Act; “customs area” has the meaning assigned in the Customs Act; “customs port” has the meaning assigned in the Customs Act; “exempt” means exempt from Part 4 of the Act; “exemption certificate” means a certificate issued under Part 2. PART 2 EXEMPTIONS General exemption 2. (1) Subject to subsection (2), trade in the following specimens is exempt and does not require a Convention Document— (a) a specimen of an Appendix III species of an animal that is specifically excluded by an annotation in the Appendix; (b) a specimen of an Appendix II or III species of a plant that is not specifically included by an annotation in the Appendix; (c) the following specimens of plant hybrids— (i) seeds and pollen (including pollinia), cut flowers and flasked seedlings or tissue cultures of Appendix I artificially propagated hybrids produced from one or more Appendix I species or taxa that are not annotated to specifically include hybrids in the Appendix, (ii) Appendix II or III plant species or taxon, and specimens thereof, with an annotation that specifically excludes hybrids; (d) flasked seedlings of Appendix I orchids or flasked seedlings of an Appendix I orchid species that has been artificially propagated; © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.R.A. T27-1 Trade in Endangered Species Regulations R.S.A. c. T27-1 15/12/2010 6 (e) marine specimens listed in Appendix II that are protected under another treaty, convention or international agreement which was in force in Anguilla on July 1, 1975, if— (i) the vessel that harvested the specimen is registered in Anguilla, (ii) the specimen was taken in accordance with the other treaty, convention or international agreement, including any quota imposed thereby, and (iii) the specimen is accompanied by any official document required under the other treaty, convention or international agreement; (f) coral sand and coral fragments; (g) personal and household effects to the extent provided in section 8; (h) urine, faeces and synthetically derived DNA. (2) To export a specimen referred to in paragraph (1)(e), a person shall obtain from the Management Authority an export certificate referred to in section 17(3) of the Act. Specimens of species in transit 3. (1) Any specimen of an Appendix I, II or III species that is in transit through Anguilla is exempt if the specimen is accompanied by the following documents— (a) unless the specimen qualifies for a general exemption under section 2, an export permit, re export certificate, certificate of origin or exemption certificate, as the case may be, or a copy thereof, that designates the name of the importer in the state of final destination and is issued by the relevant authority of the exporting or re-exporting state; (b) in relation to an Appendix I specimen, unless the document accompanying the specimen under paragraph (a) is an exemption certificate, a valid import permit, or copy thereof, that designates the name of the importer in the state of final destination; (c) transportation and routing documents that show that the specimen has been consigned to the same importer and state of final destination as designated on the import permit, export permit, re-export certificate, certificate of origin, or exemption certificate, as the case may be. (2) A specimen in transit, including in an on-board store— (a) shall remain in Anguilla only for the time needed to transfer the specimen without undue delay to the mode of transport used to continue the transport of the specimen to the final destination outside Anguilla and remain under the control of Comptroller of Customs; (b) may not be stored in a duty-free, bonded or other kind of warehouse, a customs airport, customs area, customs port or on an approved wharf, other than during immediate transfer; and (c) shall not be sold, manipulated or split unless authorized in writing by the Management Authority. (3) An enforcement officer may inspect, in accordance with section 30 of the Act, a specimen in transit to verify the following— (a) the presence of valid documents referred to in subsection (1) or the existence of such documents; © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.S.A. c. T27 Trade in Endangered Species Regulations R.R.A. T27-1 15/12/2010 7 (b) the validity of a document referred to in subsection (1) that is a copy of the original; (c) that the specimen is consistent and compliant with the documents referred to in subsection (1) that accompany it. (4) In accordance with the Act, an enforcement officer may seize a specimen in transit that is not accompanied by a valid document referred to in subsection (1) or proof of the existence thereof. (5) In this section, “in transit” means— (a) that a specimen enters Anguilla on board a mode of transport and the specimen remains on board the mode of transport for the entire time it is in Anguilla; or (b) the transshipment of a specimen in Anguilla when it remains under the control of Customs in accordance with subsection (2). Non-commercial loan, donation or exchange between scientific institutions 4. (1) The non-commercial loan, donation or exchange of preserved, frozen, dried or embedded museum specimens, herbarium specimens or live plant material from one scientific institution to another scientific institution is exempt if the criteria referred to in this section are met. (2) A sending or receiving scientific institution is exempt if— (a) in the case of an Anguillian scientific institution, it is licensed by the Management Authority and registered by the Secretariat; (b) in the case of a scientific institution in a Convention State other than Anguilla, it is licensed, registered or approved by the Management Authority in its state and registered by the Secretariat; or (c) in the case of a scientific institution in a Non-Convention State, it is registered with the Secretariat. (3) The Management Authority may issue a licence as a scientific institution to a company incorporated or registered in Anguilla that meets the requirements of the regulations on licensing of scientific institutions if the Management Authority, on the advice of the Scientific Authority, is satisfied that the institution meets the following criteria— (a) its collections of animal or plant specimens, and records ancillary to them, are permanently housed and professionally curated; (b) its specimens are accessible to all qualified users, including those from other institutions; (c) all additions to its collection are properly recorded in a permanent catalogue; (d) it maintains permanent records of loans from and transfers to other institutions; (e) its specimens are acquired primarily for purposes of research that is to be reported in scientific publications and are not used for primarily commercial purposes; (f) its specimens are prepared and collections are arranged in a manner that ensures their utility to researchers; © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.R.A. T27-1 Trade in Endangered Species Regulations R.S.A. c. T27-1 15/12/2010 8 (g) labels, permanent catalogues and other records of its specimens are maintained accurately; (h) its specimens are acquired and possessed in accordance with the laws of Anguilla; and (i) its specimens of Appendix I species are permanently and centrally housed under the direct control of the scientific institution and managed in a manner to preclude the use of such specimens for decoration, trophies or other purposes incompatible with the principles of the Convention. (4) For each loan, donation or exchange, a label that contains the following information shall be affixed to the outside of each shipping container or package— (a) the acronym “CITES”; (b) a description of the contents (such as “herbarium specimens”); (c) the names and addresses of the sending and receiving registered scientific institutions; (d) the signature of a responsible officer of the sending registered scientific institution; (e) the scientific institution codes of both registered scientific institutions involved in the loan, donation or exchange. (5) A scientific institution that is licensed under subsection (3) may destroy samples during analysis if a portion of the sample is maintained and permanently recorded at the scientific institution for future scientific reference. Pre-Convention specimens 5. (1) A specimen of an Appendix I, II or III species in respect of which a pre-Convention certificate has been issued by the relevant authority is exempt. (2) A person who wants to import a pre-Convention specimen into Anguilla shall present, before or at the time of import of the specimen, his or her pre-Convention certificate issued by the relevant authority in the state of export. (3) A Management Authority may grant a pre-Convention certificate for the export or re-export of a pre-Convention specimen from Anguilla to an applicant who meets the requirements of Division 2 of Part 3 in relation to the certificate if the Management Authority is satisfied that— (a) the specimen was an animal removed from the wild or born in a controlled environment or a plant propagated under controlled conditions before the date the Convention first applied to it; (b) the scientific name of the species is the standard nomenclature in the Convention Appendices or the references adopted by the Conference of the Parties; (c) any live specimens will be prepared and shipped so as to minimize risk of injury, damage to health or cruel treatment of the specimen; (d) for the re-export of a pre-Convention specimen, the specimen was legally imported. (4) For the purposes of this section— (a) the pre-Convention date is the date the species was first listed under the Convention regardless of whether the species has subsequently been transferred from one Appendix to another; © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.S.A. c. T27 Trade in Endangered Species Regulations R.R.A. T27-1 15/12/2010 9 (b) the date on which a specimen was acquired is— (i) the date that the specimen was known to be— (A) removed from the wild; or (B) born in captivity or artificially propagated; or (ii) if the dates referred to in sub-paragraph (i) are unknown or cannot be proved, any subsequent and provable date on which it was first possessed by a person. (5) Notwithstanding subsection (1), this section does not exempt the offspring or cell lines of any animal or plant born to or propagated from a pre-Convention specimen after the date the species was first listed in a Convention Appendix. Artificially propagated plant specimens 6. (1) Each of the following for which a certificate of artificial propagation has been issued by the relevant authority is exempt— (a) a plant specimen specified in Appendix I that is artificially propagated— (i) not for primarily commercial purposes, or (ii) travelling as part of an exhibition in accordance with section 10; (b) a plant specimen specified in Appendix II or III that is artificially propagated for any purpose. (2) A plant specimen specified in Appendix I that is artificially propagated for primarily commercial purposes is deemed to be a specimen included in Appendix II, except for the purposes of subsection (1), and the requirements for trade in a specimen of an Appendix II species set out in sections 16, 17 and 19 of the Act apply. (3) The Management Authority may grant a certificate of artificial propagation for a plant specimen propagated in Anguilla to an applicant who meets the requirements of Division 2 of Part 3 in relation to the certificate if the Management Authority is satisfied that— (a) the plant was artificially propagated; (b) the plant specimen is one of the following— (i) in relation to an Appendix I species, propagated not for primarily commercial purposes, (ii) part of a travelling exhibition, (iii) a hybrid of one or more Appendix I species or taxa that is not annotated to include hybrids in the listing and was propagated for commercial or non-commercial purposes; (c) the scientific name of the species is the standard nomenclature in the Convention Appendices or the references adopted by the Conference of the Parties; and (d) any live plant specimen will be prepared and shipped so as to minimize risk of injury, damage to health or cruel treatment of the specimen. © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.R.A. T27-1 Trade in Endangered Species Regulations R.S.A. c. T27-1 15/12/2010 10 Animal specimens bred in captivity 7. (1) Each of the following for which a certificate of captive breeding has been issued by the relevant authority is exempt— (a) an animal specimen specified in Appendix I that is bred in captivity— (i) not for primarily commercial purposes by a facility participating in a cooperative conservation program with one or more range countries for the species, or (ii) travelling as part of an exhibition in accordance with section 10; (b) an animal specimen specified in Appendix II or III that is bred in captivity for any purpose. (2) An animal specimen of an Appendix I species that is bred in captivity not for primarily commercial purposes, other than an animal referred to in subparagraph (a)(i), or for primarily commercial purposes by a facility registered with the Secretariat is deemed to be a specimen included in Appendix II, except for the purposes of subsection (1)(b), and the requirements for trade in an Appendix II species set out in sections 16, 17 and 19 of the Act apply. (3) The Management Authority may grant a certificate of captive breeding in relation to a specimen bred in Anguilla to an applicant who meets the requirements of Division 2 of Part 3 in respect of the certificate if the Management Authority, in consultation with the Scientific Authority, is satisfied that— (a) the animal was bred in captivity; (b) the animal specimen— (i) in relation to an Appendix I species, was bred not for primarily commercial purposes by a facility participating in a cooperative conservation program with one or more range countries for the species, or (ii) is part of a travelling exhibition in accordance with section 10; (c) the scientific name of the species is the standard nomenclature in the Convention Appendices or the references adopted by the Conference of the Parties; and (d) any live animal specimen will be prepared and shipped so as to minimize risk of injury, damage to health or cruel treatment of the specimen. (4) When a native specimen is bred in captivity for scientific research and scientific exchange, the genetic material of that specimen shall be the property of the Government of Anguilla. Personal goods and household goods 8. (1) Subject to subsection (3), a specimen of an Appendix II or III species being imported to or exported or re-exported from Anguilla as personal goods by a person is exempt if all of the following criteria are met— (a) the specimen was legally acquired; (b) no live animal or plant (including genetic material) is included; (c) no specimen from an Appendix I species is included; © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.S.A. c. T27 Trade in Endangered Species Regulations R.R.A. T27-1 15/12/2010 11 (d) the specimen and quantity of specimens are reasonably necessary or appropriate for the nature of the person’s trip or stay and, if the species is one listed in paragraph (3)(c), the quantity does not exceed the quantity referred to in paragraph (3)(c); (e) the person owns and possesses the specimen for personal use, including any specimen intended as a personal gift; (f) the person is either wearing the specimen as clothing or an accessory or taking it as part of his or her personal baggage, which is being carried by the person or checked as baggage on the same mode of transport as the person; (g) the specimen was not mailed or shipped separately. (2) Subject to subsection (3), a specimen of an Appendix II or III species that is part of a shipment of a person’s household goods when moving his or her residence to or from Anguilla is exempt if all of the following criteria are met— (a) the specimen was legally acquired; (b) no live animal or plant (including genetic material) is included; (c) no specimen from an Appendix I species is included; (d) the specimen and quantity of specimens are reasonably necessary or appropriate for the nature of the person’s trip or stay and, if the species is one listed in paragraph (3)(c), the quantity does not exceed the quantity referred to in paragraph (3)(c); (e) the person owns the specimen and is moving it for personal use; (f) the person imports or exports his or her household goods within 1 year of changing residence from one state to another. (3) Notwithstanding subsection (1) or (2), Part 4 of the Act applies to a specimen of an Appendix II or III species that is being imported to or exported or re-exported from Anguilla as personal goods by a person or that is part of a shipment of a person’s household goods when moving his or her residence to or from Anguilla if any of the following applies— (a) the relevant authority of the importing, exporting or re-exporting state requires an import or export permit, re-export certificate or certificate of origin, as the case may be; (b) the person or his or her shipment does not meet the criteria for the exemption as provided in this section; (c) the personal or household goods consist of any of the following specimens and exceed the quantity specified— (i) caviar of sturgeon species (Acipenseriformes spp.): 125 grams per person; (ii) rainsticks of Cactaceae spp.: up to 3 specimens per person; (iii) specimens of crocodilian species (including alligator): up to 4 specimens per person; (iv) queen conch (Strombus gigas) shells: up to 3 specimens per person; © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.R.A. T27-1 Trade in Endangered Species Regulations R.S.A. c. T27-1 15/12/2010 12 (v) seahorses (Hippocampus spp.): up to 4 specimens per person; and (vi) giant clam (Tridacnidae spp.) shells: up to 3 specimens, each of which may be one intact shell or two matching halves, not exceeding 3 kg per person. International travel with live animal for personal use 9. (1) The international travel of a live animal specified in Appendix I, II or III is exempt when the animal is accompanied by a certificate of ownership that authorizes frequent international travel of a personally-owned live animal for personal use that has been issued by the relevant authority of the owner’s primary state of residence. (2) A person who wishes to bring a personally owned live animal for personal use into Anguilla shall present his or her certificate of ownership for inspection and verification by an enforcement officer upon the animal’s arrival in and departure from Anguilla. (3) If offspring are born or an additional specimen is acquired while the owner holding the certificate of ownership is in Anguilla, he or she shall obtain from the Management Authority an export permit or re export certificate in accordance with section 17, 18 or 19 of the Act, as the case may be, for the export or re export of the offspring or specimen. (4) The Management Authority may issue a certificate of ownership to a person whose primary residence is in Anguilla who wants to travel internationally on a frequent basis with a personally owned live animal for personal use and who meets the requirements of Division 2 of Part 3 in relation to the certificate if the Management Authority is satisfied that— (a) the person owns the live animal and it will accompany him or her while travelling internationally; (b) the international travel will be frequent and for personal use, including companionship or use in a non-commercial competition such as falconry; (c) the person resides in Anguilla; (d) the animal was legally acquired; (e) the person does not intend to sell, donate or transfer the animal while travelling internationally; (f) the scientific name of the species is the standard nomenclature in the Conference Appendices or the references adopted by the Conference of the Parties; (g) the relevant authority of the state of import has agreed to the international travel with the animal; (h) the animal is securely marked or uniquely identified in such a manner that an enforcement officer can verify that the specimen and certificate of ownership correspond; and (i) the animal will be transported and cared for in a way that minimizes risk of injury, damage to health or cruel treatment of the animal. (5) If a person who holds a certificate of ownership issued under this section no longer owns the live animal that is the subject of the certificate, he or she shall without delay return the original certificate to the Management Authority and report on the particulars of the disposition of the animal, such as the fact that it is dead, has been sold, given away, exchanged or otherwise disposed of. © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.S.A. c. T27 Trade in Endangered Species Regulations R.R.A. T27-1 15/12/2010 13 (6) If a certificate of ownership is lost, stolen or accidentally destroyed, a person shall obtain a replacement certificate from the relevant authority who issued the original certificate before moving the animal into or out of Anguilla. Travelling exhibitions 10. (1) The international travel of a specimen of an Appendix I, II or III species is exempt when the specimen— (a) qualifies as pre-Convention, artificially propagated or bred in captivity in accordance with section 5, 6 or 7, as the case may be; and (b) is part of a travelling exhibition; and a certificate for a travelling exhibition authorizing international travel with live animals or plants or both or of specimens thereof has been issued by the relevant authority of the state that is the exhibitor’s primary place of business. (2) An exhibitor who wants to bring a travelling exhibition into Anguilla shall— (a) present for inspection and verification by an enforcement officer upon the exhibition’s arrival in and departure from Anguilla— (i) a separate certificate for a travelling exhibition for each live animal, and (ii) a certificate for a travelling exhibition in relation to all live plants, plant specimens and animal specimens other than a live animal; and (b) ensure that each live specimen is being transported and cared for in a manner that minimizes the risk of injury, damage to health or cruel treatment of the specimen. (3) If offspring are born or an additional specimen is acquired while the exhibition is in Anguilla, the exhibitor shall obtain from the Management Authority an export permit or re-export certificate in accordance with section 17, 18 or 19 of the Act, as the case may be, for the export or re-export of the offspring or specimen. (4) The Management Authority may grant a certificate for a travelling exhibition authorizing international travel with live animals or plants or both or of specimens thereof to an applicant who is an exhibitor whose primary place of business is Anguilla who meets the requirements of Division 2 of Part 3 if the Management Authority is satisfied that— (a) the international travel will be frequent and the exhibition will return to Anguilla before the certificate expires; (b) the international travel will be for exhibition only, and not for breeding, propagating or other activities; (c) the exhibitor resides in and the exhibitor’s primary place of business is in Anguilla; (d) each specimen to be exhibited meets the criteria for a pre-Convention certificate, certificate for artificial propagation or certificate of captive breeding in accordance with section 5, 6 or 7, as the case may be; (e) the exhibitor does not intend to sell, donate or transfer any specimen while travelling internationally; © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.R.A. T27-1 Trade in Endangered Species Regulations R.S.A. c. T27-1 15/12/2010 14 (f) the scientific name of each species is the standard nomenclature in the Convention Appendices or the references adopted by the Conference of the Parties; (g) each specimen is securely marked or uniquely identified in such a manner that an enforcement officer can verify that the specimen and certificate for a travelling exhibition correspond; (h) in relation to live plants, the quantity of plants is reasonable for the purpose of the exhibit; and (i) any live specimens will be transported and cared for in a way that minimizes risk of injury, damage to health or cruel treatment of the specimen. (5) If an exhibitor who holds a certificate issued under this section no longer plans to travel internationally as an exhibitor, he or she shall return the original certificate to the Management Authority without delay and report on the disposition of the specimens in the exhibition. (6) If an exhibitor who holds a certificate issued under this section no longer owns a specimen that is referred to in the certificate, he or she shall return the original certificate to the Management Authority without delay and report on the disposition of the specimen, such as death, sale or transfer. (7) If a certificate for a travelling exhibition is lost, stolen or accidentally destroyed, the exhibitor shall obtain a replacement certificate from the relevant authority who issued the original certificate before moving the exhibition into or out of Anguilla. Sample collection covered by an A.T.A. Carnet 11. (1) The following are exempt— (a) an Appendix I species bred in captivity or artificially propagated for commercial purposes; or (b) an Appendix II or III species; that is part of a sample collection covered by an A.T.A. Carnet and for which a certificate to travel internationally with a sample collection covered by an A.T.A. Carnet has been issued by the relevant authority of the state where the collection originated. (2) A person who wants to bring a sample collection covered by an A.T.A. Carnet into Anguilla shall— (a) present for inspection and verification— (i) a certificate to travel with a sample collection covered by an A.T.A. Carnet for the collection, and (ii) a valid A.T.A. Carnet, by an enforcement officer upon the collection’s arrival in and departure from Anguilla; and (b) ensure that the specimens are securely marked or identified in such a way that an enforcement official can verify that the certificate to travel with a sample collection covered by an A.T.A. Carnet, the A.T.A. Carnet and the specimens correspond. (3) The Management Authority may grant a certificate to travel internationally with a sample collection covered by an A.T.A. Carnet to an applicant who holds an A.T.A. Carnet for a sample collection that originated in Anguilla and wants to travel internationally on a frequent basis with the sample collection and who meets the © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.S.A. c. T27 Trade in Endangered Species Regulations R.R.A. T27-1 15/12/2010 15 requirements of Division 2 of Part 3 if the Management Authority is satisfied that the proposed activity meets all of the following criteria— (a) the international travel will be frequent and the collection will return to Anguilla before the certificate expires; (b) the international travel will be for temporary exhibition or display purposes only; (c) the collection originated in Anguilla and the specimens were legally acquired; (d) each specimen of an Appendix I species in the collection meets the criteria for a pre Convention certificate, certificate of artificial propagation or certificate of captive breeding in accordance with sections 5, 6 or 7, as the case may be; (e) the person does not intend to sell, donate or transfer any specimen while travelling internationally; (f) the scientific name of each species is the standard nomenclature in the Convention Appendices or the references adopted by the Conference of the Parties; (g) the collection is securely marked or uniquely identified in such a manner that an enforcement officer can verify that the specimens and the certificate to travel internationally with a sample collection covered by an A.T.A. Carnet and the A.T.A. Carnet correspond. (4) If a person who holds a certificate issued under this section no longer plans to travel internationally with the sample collection or no longer owns a specimen that is referred to in the certificate, he or she shall without delay return the original certificate to the Management Authority. (5) If a certificate issued under this section is lost, stolen or accidentally destroyed, the person to whom the certificate was issued shall obtain a replacement certificate from the relevant authority who issued the original certificate before moving the collection into or out of Anguilla. PART 3 APPLICATIONS, CONVENTION DOCUMENTS AND APPEALS Division 1 Application and Issue of Convention Documents Application for Convention document 12. (1) A person who wants to engage in an activity prohibited under section 13 of the Act may apply for a Convention document by— (a) submitting to the Management Authority an application in the form approved by the Management Authority; (b) paying the fee prescribed in Schedule 1; and © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.R.A. T27-1 Trade in Endangered Species Regulations R.S.A. c. T27-1 15/12/2010 16 (c) providing the information required by the Management Authority or the Scientific Authority, as the case may be, to make the determinations required under the Act and Division 2 of this Part. (2) Upon receipt of an application, the Management Authority shall review the application to assess— (a) whether any of the exemptions referred to in Part 2 apply; (b) what type of Convention document is required to conduct the proposed activity; and (c) whether the application contains the information needed to make the required findings. (3) If additional information is required, the Management Authority shall give notice to the applicant setting out what additional information is required. (4) If the applicant does not provide the information within 45 days of the date of the notice— (a) the application shall be rejected; (b) the application fee shall not be refunded; and (c) if the applicant wants to apply for a Convention document at a later time, he or she shall submit a new application and fee. (5) If the activity for which permission is sought is covered by the requirements of more than one section of Division 1 of Part 4 of the Act or Part 2 of these Regulations— (a) the requirements of each section shall be met; (b) if the information required for each proposed activity is included, the Management Authority may accept one application for all Convention documents required; and (c) a single Convention document may be issued. Exemption from application fee 13. No application fee shall be charged to a Government agency or to any individual or institution acting on behalf of a Government agency if evidence of Government status is presented with the application. Issue of Convention document 14. (1) No Convention document may be issued to an applicant unless the Management Authority and, when required, the Scientific Authority are satisfied that the criteria set out in the Act that are applicable to the proposed activity are met. (2) The Management Authority may forward a copy of the application to— (a) the Scientific Authority or other applicable experts; (b) the Secretariat; (c) the relevant authority of the country of import, export or re-export, as the case may be; or (d) the Scientific Authority of another Convention State. © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.S.A. c. T27 Trade in Endangered Species Regulations R.R.A. T27-1 15/12/2010 17 (3) The Management Authority shall make its decision on whether to grant or deny the application on a case by case basis based on the best available information. (4) A Convention document shall contain the information referred to in Schedule 2. Period of validity 15. (1) Subject to section 16(a), a Convention document is valid for a period not exceeding— (a) in the case of an export permit or re-export certificate, 6 months from the date of issue; (b) in the case of an import permit, certificate for introduction from the sea or certificate of origin, 12 months from the date of issue; (c) in the case of a travelling-exhibition certificate or certificate of ownership, 3 years from the date of issue; (d) in the case of a certificate to travel with a sample collection covered by an A.T.A. Carnet, the same length of time as the A.T.A. Carnet or 6 months, whichever is shorter; or (e) in the case of a Convention document not referred to in paragraph (a), (b), (c) or (d), the period shown on the document, which shall not exceed 3 years; unless it is sooner suspended under section 24 or cancelled under section 25. (2) The validity of a Convention document may not be renewed or extended beyond the expiry date on the face of the document. (3) At the expiry of the period of validity of a Convention document the document shall be considered as void and of no legal effect. Terms and conditions 16. The Management Authority may make the issue of a Convention document subject to any terms and conditions the Management Authority considers appropriate, including the following— (a) the period of validity of the Convention document or the dates on which the Convention document is valid; (b) restrictions, including permitted use of a specimen or prohibition against sale of a specimen; (c) in the case of export or re-export of live animals or plants— (i) that each live specimen is being transported and cared for in a manner that minimizes the risk of injury, damage to health or cruel treatment of the specimen, and (ii) that transport conditions shall comply with the CITES Guidelines for Transport or, in the case of air transport of live animals, with the International Air Transport Association Live Animals Regulations, as found on the official Convention website (http://www.cites.org). Retrospective Convention document 17. (1) Subject to subsection (2), a retrospective Convention document may only be issued or accepted by the Management Authority in extraordinary circumstances referred to in this section to authorize an export or re-export after that activity has occurred, but before the shipment is cleared for import. © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.R.A. T27-1 Trade in Endangered Species Regulations R.S.A. c. T27-1 15/12/2010 18 (2) A retrospective Convention document may not be issued— (a) for a specimen of an Appendix I species, unless the specimen qualifies as a specimen for personal use as specified in subsection (7); or (b) to a person who has been issued a Convention document for a previous trade, unless that person demonstrates to the Management Authority’s satisfaction that he or she was not responsible for the irregularity. (3) A person who needs a retrospective Convention document may make an application in accordance with section 12 to the Management Authority for a retrospective Convention document and, in addition to any information required by the Management Authority, provide one of the following— (a) for a shipment that occurred under a document containing a technical error, the faulty Convention document; or (b) for a shipment that occurred without a Convention document, a completed application for the import, export or re-export. (4) Without delay after receipt of an application referred to in subsection (3), the Management Authority shall consult and participate in an investigation of the circumstances with the relevant authority of the country of import, export or re-export, as the case may be. (5) Before issuing a retrospective Convention document, the Management Authority shall be satisfied that the following criteria are met— (a) the specimen was exported or re-exported without a Convention document or with a Convention document that contained a technical error referred to in paragraph (e)(ii); (b) the specimen was presented to the appropriate official for inspection at the time of import and a request for a retrospective Convention document was made at that time; (c) the export or re-export and import of the specimen was otherwise in compliance with the Convention and the relevant legislation of Anguilla and the country of import, export or re export, as the case may be; (d) if Anguilla is not the country of import, the relevant authority in the country of import has agreed to accept a retrospective Convention document; (e) except as provided in paragraph (f), the exporter or re-exporter and importer were not responsible for the irregularity and have demonstrated one of the following— (i) the relevant authority or other official designated to clear shipments that require Convention documents misinformed the exporter or re-exporter or the importer about the Convention requirements, (ii) the relevant authority unintentionally made a technical error that was not prompted by information provided by the applicant when issuing the Convention document; (f) in the case of a specimen for personal use, the person has shown that— (i) he or she qualifies under paragraph (e), or (ii) a genuine error was made and that there was no attempt to deceive. © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.S.A. c. T27 Trade in Endangered Species Regulations R.R.A. T27-1 15/12/2010 19 (6) Notwithstanding subsection (5)(f), only the following specimens for personal use qualify for issuance of a retrospective document— (a) personal or household goods referred to in section 8; (b) live Appendix II or III specimens or live pre-Convention Appendix I specimens that— (i) are personally owned for personal use, (ii) are accompanied by the person who owns them, and (iii) number no more than 2; (c) parts or derivatives of an Appendix I species that qualify as pre-Convention when the following conditions are met— (i) the person owns and possesses the specimen for personal use, (ii) the person wore the specimen as clothing or an accessory or took it as part of his or her personal baggage, which was carried by the person or checked as baggage on the same mode of transport as the person, (iii) the specimen and quantity of specimens is reasonably necessary or appropriate for the nature of the person’s trip or stay. (7) A retrospective Convention document may be issued as one of the following— (a) an amended Convention document when it can be shown that the issuing relevant authority made a technical error; (b) a newly issued Convention document when it can be shown that— (i) the applicant was misinformed by the relevant authority or other official designated to clear shipments that require Convention documents, or (ii) the circumstances referred to in subsection (5)(f) apply, and a shipment has occurred without a document. (8) A retrospective Convention document shall contain— (a) a statement that it was issued retrospectively; (b) a statement specifying the reason for the issuance; and (c) in the case of a retrospective Convention document issued for personal use, a condition restricting sale of the specimen within 6 months following the import of the specimen. (9) Without delay after issuing a retrospective Convention document, the Management Authority shall send a copy of the retrospective document to the Secretariat. © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.R.A. T27-1 Trade in Endangered Species Regulations R.S.A. c. T27-1 15/12/2010 20 Replacement of Convention document 18. (1) A holder of a Convention document issued by the Management Authority whose Convention document has been lost, damaged, stolen or destroyed shall without delay notify the Management Authority of the loss, damage, theft or destruction and may apply for a replacement Convention document— (a) by submitting an application in the form approved by the Management Authority; (b) if the shipment has already occurred, by providing copies of— (i) any correspondence with the shipper or relevant authority concerning the shipment, and (ii) any other document respecting the shipment required by the Management Authority; (c) if the original Convention document no longer exists, by submitting a signed, dated and sworn statement that— (i) provides the Convention document number and describes the circumstances that resulted in the loss or destruction of the original Convention document, (ii) states whether the shipment has already occurred, and (iii) requests a replacement Convention document; (d) if the original Convention document exists but has been damaged, by submitting the original damaged Convention document and a signed, dated and sworn statement that— (i) describes the circumstances that resulted in the Convention document being damaged, (ii) states whether the shipment has already occurred, and (iii) requests a replacement Convention document; and (e) paying the fee prescribed in Schedule 1. (2) Without delay after receipt of notice that a Convention document has been lost, damaged, stolen or destroyed the Management Authority shall inform— (a) the relevant authority in the country of destination, if that country is other than Anguilla; and (b) in the case of commercial shipments, the Secretariat. (3) When the Management Authority is satisfied that— (a) the Convention document in respect of which an application for replacement has been made has been lost, damaged, stolen or destroyed; (b) the circumstances surrounding the loss, damage, theft or destruction of the Convention document are reasonable; and (c) if the shipment has already been made, the specimen was legally exported or re-exported and the Management Authority or relevant authority of the importing country, if that country is other than Anguilla, has indicated it will accept the replacement Convention document; he or she may issue a replacement Convention document. © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.S.A. c. T27 Trade in Endangered Species Regulations R.R.A. T27-1 15/12/2010 21 (4) If the replacement Convention document issued under subsection (3) is a copy, it shall— (a) indicate that it is a “replacement” and a “true copy of the original”; (b) contain a new dated original signature of the Management Authority; and (c) state the reason for replacement. (5) If the replacement Convention document issued under subsection (3) is a newly issued original document, it shall— (a) indicate that it is a “replacement”; (b) include the number and date of issuance of the document being replaced; and (c) state the reason for replacement. Division 2 Determinations Relative to Applications for Convention Documents Determination of legal acquisition 19. To determine that a specimen of an Appendix I, II or III species was legally acquired, an applicant shall provide sufficient information to show to the Management Authority’s satisfaction that the specimen was— (a) obtained in accordance with the laws of Anguilla for the protection of animals and plants, including the Biodiversity and Heritage Conservation Act, the Animals (Diseases and Importation) Act, the Fisheries Protection Act and the Plant Protection Act; and (b) if previously traded internationally, traded in accordance with the provisions of the Convention. Determination of non-detriment 20. To determine that a proposed export or introduction from the sea of a specimen of an Appendix I or II species is not detrimental to the survival of the species and that a proposed import of an Appendix I specimen is not for purposes that would be detrimental to the survival of the species, the Scientific Authority shall be satisfied— (a) that biological and management information demonstrates that the proposed activity represents sustainable use; (b) that the removal of the animal or plant from the wild is part of a biologically based sustainable use management plan that is designed to eliminate overutilization of the species; (c) that if no sustainable use management plan has been established, the removal of the animal or plant from the wild would not contribute to the overutilization of the species, considering both domestic and international uses; (d) that the proposed activity, including the methods used to acquire the specimen, would pose no net harm to the status of the species in the wild; © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.R.A. T27-1 Trade in Endangered Species Regulations R.S.A. c. T27-1 15/12/2010 22 (e) that the proposed activity would not lead to long-term declines that would place the viability of the affected population in question; (f) that the proposed activity would not lead to significant habitat or range loss or restriction; (g) in the case of a specimen of an Appendix I species, whether the proposed activity would— (i) cause an increased risk of extinction for either the species as a whole or the population from which the specimen was obtained, (ii) interfere with the recovery of the species, or (iii) stimulate additional trade in the species and, if the proposed activity does stimulate trade, whether the anticipated increase in trade would lead to the decline of the species; and (h) in the case of a specimen of an Appendix II species, whether the intended export of the specimen would cause a significant risk that the species would qualify for inclusion in Appendix I. Determination of primarily commercial purpose for a specimen of an Appendix I species 21. (1) An import permit or a certificate of introduction from the sea for a specimen of an Appendix I species or can be issued only in exceptional circumstances if the Management Authority is satisfied that the specimen is not to be used for primarily commercial purposes. (2) To determine that a proposed import or introduction from the sea of a specimen of an Appendix I species is not for primarily commercial purposes, the Management Authority shall consider— (a) whether the importer is a for-profit entity, a non-profit entity or a private individual; (b) the level of public appeal of the species; (c) occurrence of the species in a controlled environment or under controlled conditions in Anguilla; (d) the intended use of offspring; (e) the ability of the proposed uses of the specimen to generate revenue; and (f) revenues and other economic value anticipated to result from the use of the specimen, including— (i) the proposed use of any net profits generated in Anguilla, (ii) anticipated funding of any conservation project and, if the specimen was or is to be taken from the wild, how the conservation project benefits the species in its native range, including agreements and timeframes for accomplishing tasks, (iii) any plans to monitor a proposed conservation project, including expenditure of funds or completion of tasks, and (iv) in a case involving unusually high net profits, a detailed analysis of expected revenue (both direct and indirect) and expenses to show anticipated net profit and a statement from a licensed, independent accountant who, in the opinion of the Management Authority is © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.S.A. c. T27 Trade in Endangered Species Regulations R.R.A. T27-1 15/12/2010 23 qualified, that the internal accounting system is sufficient to account for and track funds generated by the proposed activities. (3) For the purposes of subsection (2), “net profits” includes all money or other valuable consideration (including enhanced value of common stock shares) received or attained by the applicant, or those affiliated with the applicant, as a result of the import, export, re-export or introduction from the sea, to the extent that such money or other valuable considerations exceed the reasonable expenses that are properly attributable to the proposed activity. (4) If the non-commercial aspects do not clearly predominate, the Management Authority shall consider the import, export or introduction from the sea to be for primarily commercial purposes and the import permit or an introduction from the sea permit shall be denied. Determination of suitably equipped to house and care for a live specimen 22. (1) In this section, “appropriate Authority” means— (a) the Scientific Authority, in the case of the import of a live specimen of an Appendix I species; and (b) the Management Authority, in the case of the introduction from the sea of a live specimen of an Appendix I, II or III species. (2) To determine that a recipient of a live specimen is suitably equipped to house and care for the specimen, the applicant shall provide sufficient information, including a description of the facility, photographs, construction plans and curriculum vitae of the recipient or staff who will care for the specimen and to show to the satisfaction of the appropriate Authority that— (a) enclosures or holding areas are adequate to prevent escape or unplanned exchange of genetic material with specimens of the same or different species outside the facility; (b) security is adequate to prevent theft of specimens and measures taken to rectify any previous theft or security problem at the facility; (c) the recipient has a reasonable survival rate of specimens of the same species or closely related species, including number of births or plants propagated, mortalities for the previous 3 years, injuries to wildlife or damage to plants, occurrence of significant disease outbreaks that are permanently debilitating or recurring during the previous 3 years, and measures taken to prevent similar mortalities, injuries, damage or diseases; (d) the recipient has or will have sufficient funding on a long term basis to cover the cost of maintaining the facility and the specimen; (e) in the case of a live animal— (i) enclosures are constructed and maintained so as to provide sufficient space to allow each animal to make normal postural and social adjustments with adequate freedom of movement, (ii) appropriate forms of environmental enrichment, such as nesting material, perches, climbing apparatus, ground substrate or other species specific materials or objects are provided, © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.R.A. T27-1 Trade in Endangered Species Regulations R.S.A. c. T27-1 15/12/2010 24 (iii) if the animal is on public display, an off-exhibit area, consisting of indoor and outdoor accommodation, as appropriate, that can house the animal on a long term basis if necessary, (iv) water and nutritious food are of a nature and provided in a way that is appropriate for the species, (v) the recipient or staff are trained and experienced in providing proper daily care and maintenance for the species or a closely related species, (vi) ready availability of veterinary care or veterinary staff experienced with the species or a closely related species, including emergency care; and (f) in the case of a live plant— (i) sufficient space, appropriate lighting and other environmental conditions that will ensure proper growth and reproduction are provided, (ii) the recipient has the ability to provide appropriate culture, such as water, fertilizer and pest and disease control, and (iii) recipient or staff are trained and experienced with the imported species or related species with similar horticultural requirements. (3) If a person makes an application that requires the determination referred to in subsection (2) to be made before the facility to hold the specimen is completed or any staff is identified or properly trained, the appropriate Authority may— (a) review all available information, including construction plans or intended staffing and make a determination based on this information; and (b) place a condition on the Convention document that the import or introduction from the sea cannot occur until the facility has been completed or the staff hired and trained and approved by the appropriate Authority. Division 3 Refusal, Suspension and Cancellation of Convention Document Notice of denial of application for Convention document 23. When an application for a Convention document is denied, the Management Authority shall give written notice to the applicant of that fact stating the reasons therefor. Suspension of Convention document and notice of suspension 24. (1) The Management Authority may suspend a Convention document when, in its opinion, the holder of that document contravenes— (a) the Act; (b) a term or condition to which the Convention document is subject. © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.S.A. c. T27 Trade in Endangered Species Regulations R.R.A. T27-1 15/12/2010 25 (2) When a Convention document is suspended under subsection (1), the Management Authority shall give written notice to the holder of that fact stating the reason for the suspension and that the Convention document shall remain suspended until the circumstance that led to the suspension is rectified. Cancellation of Convention document and notice of cancellation 25. (1) The Management Authority may cancel a Convention document when— (a) the Convention document is under suspension and the circumstance that led to the suspension is not rectified within a reasonable time after the suspension; (b) the holder contravenes— (i) the Act, (ii) a term or condition to which the permit is subject; or (c) the holder requests the cancellation. (2) When a Convention document is cancelled under subsection (1), the Management Authority shall give written notice to the holder stating the reason for the cancellation. Property in Convention document and duty to return 26. A Convention document remains the property of the Government and, when it expires or if it is suspended or cancelled, the holder thereof shall without delay after the expiry, suspension or cancellation return it to the Management Authority. Division 4 Request for Reconsideration and Appeal Request for reconsideration 27. (1) A person may request the Management Authority to reconsider— (a) the denial of an application; (b) the suspension or cancellation of a Convention document, except for those actions which are required by changes in the law, or are emergency changes of limited applicability for which an expiration date is set within 90 days of the change; or (c) any conditions that limit the person’s authority to perform all activities requested in the application, except when the activity requested is one for which there is no lawful authority to issue a Convention document. (2) A request for consideration shall— (a) be in writing, signed by the person requesting reconsideration or by the legal representative of that person; (b) be received by the Management Authority within 45 days of the date of the notice of the decision for which reconsideration is being requested; © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.R.A. T27-1 Trade in Endangered Species Regulations R.S.A. c. T27-1 15/12/2010 26 (c) state the decision for which reconsideration is being requested and the reason for the reconsideration, including presenting any new information or facts pertinent to the issue raised by the request for reconsideration; (d) contain a certification to the effect that the information submitted in the request is complete and accurate to the best of the person’s knowledge and belief. (3) A request for reconsideration that does not comply with subsection (2) shall be denied. (4) The Management Authority may make a separate inquiry into the matter under consideration. (5) The Management Authority shall, within 45 days of the receipt of the request for reconsideration, give written notice to the person requesting reconsideration of its decision. (6) The notice referred to in subsection (5) shall— (a) state the reasons for the decision; (b) contain a description of the evidence that was relied upon by the Management Authority; and (c) provide information concerning the right to appeal and the procedures for making an appeal. Appeal 28. (1) A person who receives a decision in respect of a request for reconsideration may submit a written appeal to the Minister. (2) An appeal referred to in subsection (1)— (a) shall be submitted within 45 days after the date of receipt of notice of the decision in respect of the request for reconsideration; (b) shall state the reason and issue upon which the appeal is based; and (c) may contain any additional evidence or arguments to support the appeal. Decision on appeal 29. (1) Before a decision is made concerning the appeal, the appellant may present oral arguments before the Minister, if the Minister is of the opinion that oral arguments are necessary to clarify issues raised in the appeal. (2) The Minister shall give written notice to the appellant of his or her decision within 45 days of receipt of the appeal, unless that period is extended by the Minister for good cause and the appellant notified of the extension. (3) The decision of the Minister is final. © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.S.A. c. T27 Trade in Endangered Species Regulations R.R.A. T27-1 15/12/2010 27 PART 4 MISCELLANEOUS Labelling 30. Where a person imports into, or exports or re-exports from, Anguilla any thing that is identified by a mark, label or accompanying document that indicates that the thing is a specimen of a species listed in Appendix I, II or III of the Convention, that thing is, unless there is evidence that raises a reasonable doubt to the contrary, deemed to be the thing so identified. Citation 31. These Regulations may be cited as the Trade in Endangered Species Regulations, Revised Regulations of Anguilla T27-1. © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.R.A. T27-1 Trade in Endangered Species Regulations R.S.A. c. T27-1 15/12/2010 28 SCHEDULE 1 (Section 12(1)) APPLICATION FEES FOR CONVENTION DOCUMENTS A person making an application for a convention document set out in Column 1 shall pay the fee set out opposite in Column 2. COLUMN 1 COLUMN 2 Type of Convention Document EC$ Fee Import Permit 200 Export Permit 200 Re-Export Permit 300 Certificate of Origin 300 Certificate of Introduction from the Sea 300 Pre-Convention Certificate 200 Certificate of Artificial Propagation 300 Certificate of Captive Breeding 300 per animal Certificate of Ownership for Travelling Live Animal 200 per animal Certificate for Travelling Exhibition 300 per animal Certificate to Travel with Sample Collection covered by an A.T.A. Carnet 300 Registration of Appendix-I Commercial Breeding Operations 550 Licence for Museum/Scientific Institution 300 Replacement documents (lost, stolen, or damaged documents) 300 © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.S.A. c. T27 Trade in Endangered Species Regulations R.R.A. T27-1 15/12/2010 29 SCHEDULE 2 (Section 14(4)) INFORMATION REQUIRED ON CONVENTION DOCUMENTS 1. In this Schedule, “Convention document” means any certificate, permit, or other document issued by a Management Authority of a Convention State or a competent authority of a Non- Convention State whose name and address is on file with the Secretariat to authorize the international movement of any specimen of a species listed in Appendix I, II or III of the Convention. Table 1 2. A Convention document is valid only when it contains the following information (listed alphabetically)— Required information Description (1) Appendix The CITES Appendix in which the species, subspecies, or population is listed. (2) Applicant’s signature The applicant’s signature if the Convention document includes a place for it. (3) Bill of lading, air waybill, or flight number As applicable for export or re-export: (i) By ocean or air cargo, the bill of lading or waybill number, or (ii) in accompanying baggage, the flight number, as recorded on the Convention document by the inspecting official at the port, if known at the time of validation or certification. (4) Dates Date of issue and date of expiration (“valid until” date on the standardized CITES form), which is midnight of the date on the Convention document. (5) Description of the specimen A complete description of the specimen, including whether live or the type of goods. The sex and age of a live specimen should be recorded, if possible. Such information shall be in English, Spanish, or French in a Convention document from a Party. If a code is used to indicate the type of specimen, it shall agree with the Guidelines for preparation and submission of CITES annual reports available from the CITES website. (6) Document number A 12 character unique control number in which the first two characters are the last two digits of the year of issuance, the next two characters are the two-letter ISO country code, followed by a six-digit serial number, and two digits or letters used for national informational purposes. (7) Humane transport of live wildlife If the Convention document authorizes the export or re-export of live wildlife, a statement that the document is valid only if the transport conditions comply with the CITES Guidelines for Transport (available from the CITES website), or, in the case of air transport of animals, with the International Air Transport Association Live Animals Regulations. (8) Identification of the specimen Any unique identification number or mark (such as a tag, band, ring, microchip, label, or serial number), including any mark required under these regulations or a CITES listing annotation. For a microchip, the microchip code, trademark of the transponder manufacturer and, where possible, the location of the microchip in the specimen. If a microchip is used, the Management Authority may, if necessary, ask the importer, exporter, or re-exporter to have equipment on hand to read the microchip at the time of import, export, or re-export. © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.R.A. T27-1 Trade in Endangered Species Regulations R.S.A. c. T27-1 15/12/2010 30 (9) Management Authority The complete name and address of the issuing Management Authority as included in the CITES directory, which is available from the CITES website. (10) Name and address The complete name and address, including country, of the exporter and importer. (11) Purpose of transaction The purpose of the transaction, if possible, using one of the codes given in Table 2 of this Schedule. The code is determined by the issuing Management Authority through information submitted with an application. This is not required for a certificate of origin. (12) Quantity The quantity of specimens authorized in the shipment and, if appropriate, the unit of measurement using the metric system. (a) The unit of measurement should be appropriate to the type of specimen and agree with the Guidelines for the preparation and submission of CITES annual reports available from the CITES website. General descriptions such as “one case” or “one batch” are not acceptable. (b) Weight should be in kilograms. If weight is used, net weight (weight of the specimen alone) shall be stated, not gross weight that includes the weight of the container or packaging. (c) Volume should be in cubic meters for logs and sawn wood and either square meters or cubic meters for veneer and plywood. (d) For re-export, if the type of good has not changed since being imported, the same unit of measurement as on the export permit shall be used, except to change to units that are to be used in the CITES annual report. (13) Scientific name The scientific name of the species, including the subspecies when needed to determine the level of protection of the specimen under CITES, using standard nomenclature as it appears in the CITES Appendices or the references adopted by the Conference of the Parties. A list of current references is available from the CITES website. A Convention document may contain higher-taxon names in lieu of the species name only under one of the following circumstances— (a) the Conference of the Parties has agreed that the use of a higher taxon name is acceptable for use on Convention documents— (i) if the genus cannot be readily determined for coral rock, the scientific name to be used is the order Scleractinia, (ii) live and dead coral shall be identified to the level of species except where the Conference of the Parties has agreed that identification to genus is acceptable. (A current list of coral taxa identifiable to genus is available from the CITES website), (iii) re-export of worked skins or pieces of Tupinambis species that were imported before August 1, 2000, may indicate Tupinambis spp.; (b) the issuing Party can show the use of a higher- taxon name is well justified and has communicated the justification to the Secretariat; (c) the item is a pre-Convention manufactured product containing a specimen that cannot be identified to the species level. (14) Seal or stamp The embossed seal or ink stamp of the issuing Management Authority. (15) Security stamp If a Party uses a security stamp, the stamp shall be cancelled by an authorized signature and a stamp or seal, preferably embossed. The number of the stamp shall also be recorded on the Convention document. (16) Signature An original handwritten signature of a person authorized to sign Convention documents for the issuing Management Authority. The signature shall be on file with the Secretariat. © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.S.A. c. T27 Trade in Endangered Species Regulations R.R.A. T27-1 15/12/2010 31 (17) Signature name The name of the person who signed the Convention document. (18) Source The source of the specimen. For re-export, unless there is information to indicate otherwise, the source code on the Convention document used for import of the specimen shall be used. See Table 3 of this Schedule for a list of codes. (19) Treaty name Either the full name or acronym of the Treaty, or the CITES logo. (20) Type of Convention document The type of Convention document (import, export, re-export, or other)— (a) if marked “other,” the Convention document shall indicate the type of document, such as artificially propagated, bred-in-captivity, certificate of origin, certificate of ownership, introduction from the sea, pre-Convention, sample collection covered by an A.T.A. Carnet, scientific exchange, or travelling exhibition; (b) if multiple types are authorized on one Convention document, the type that applies to each specimen shall be clearly indicated. (21) Validation or certification The actual quantity of specimens exported or re-exported— (a) using the same units of measurement as those on the Convention document; (b) validated or certified by the stamp or seal and signature of the inspecting authority at the time of export or re-export. Table 2 3. Convention documents shall reflect the purpose of the transaction as set out in Column 1 by use of the code letter set out opposite in Column 2 COLUMN 1 COLUMN 2 Purpose of Transaction Code Breeding in captivity or artificial propagation B Education E Botanical garden G Hunting trophy H Law enforcement/judicial/ forensic L Medical research (including biomedical research) M Reintroduction or introduction into the wild N Personal P Circus and travelling exhibition Q Scientific S Commercial T Zoo Z © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.R.A. T27-1 Trade in Endangered Species Regulations R.S.A. c. T27-1 15/12/2010 32 Table 3 4. In addition to the information listed in Table 1, the type of document set out in Column 1 shall contain the information set out opposite in Column 2. COLUMN 1 COLUMN 2 Type of document Additional required information (1) Annex (such as an attached inventory, conditions, or continuation pages of a Convention document) The page number, document number, and date of issue on each page of an annex that is attached as an integral part of a Convention document. The signature and ink stamp or seal, preferably embossed, of the Management Authority issuing the Convention document shall also be included on each page of the annex. The Convention document shall indicate an attached annex and the total number of pages. (2) Certificate of origin A statement that the specimen originated in the country of origin that issued the certificate. (3) Copy when used in place of the original Convention document (a) Information required in row (7) of this table when the document authorizes export or re-export; (b) A statement by the Management Authority on the face of the document authorizing the use of a copy when the document authorizes import. (4) Export permit for a registered commercial breeding operation or nursery—Appendix-I specimens The registration number of the operation or nursery assigned by the Secretariat, and if the exporter is not registered operation or nursery, the name of the registered operation or nursery. (5) Export permit with a quota Number of specimens, such as 500/1,000, that were— (a) exported thus far in the current calendar year, including those covered by the current permit (such as 500); and (b) included in the current annual quota (such as 1,000). (6) Import permit (Appendix-I specimen) A certification that the specimen will not be used for primarily commercial purposes and, for a live specimen, that the recipient has suitable facilities and expertise to house and care for it. (7) Replacement Convention document When a Convention document replaces an already issued Convention document that was lost, damaged, stolen, or accidentally destroyed— (a) if a newly issued Convention document, indicate it is a “replacement,” the number and date of issuance of the Convention document that was replaced, and reason for replacement; or (b) if a copy of the original Convention document, indicate it is a “replacement” and a “true copy of the original,” a new original signature of the issuing Management Authority, the date signed, and reason for replacement. (8) Partially completed documents (a) A list of the blocks that shall be completed by the permit holder;. (b) If the list includes scientific names, an inventory of approved species shall be included on the face of the Convention document or in an attached annex; (c) A signature of the permit holder, which acts as a certification that the information entered is true and accurate. © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.S.A. c. T27 Trade in Endangered Species Regulations R.R.A. T27-1 15/12/2010 33 (9) Pre-Convention document (a) An indication on the face of the Convention document that the specimen is pre-Convention; (b) A date that shows the specimen was acquired before the date the Convention first applied to it. (10) Re-export certificate (a) The country of origin, the export permit number, and the date of issue; (b) If previously re-exported, the country of last re-export, the re-export certificate number, and the date of issue; (c) If all or part of this information is not known, a justification shall be given. (11) Retrospective Convention document A clear statement that the Convention document is issued retrospectively and the reason for issuance. (12) Sample collection covered by an A.T.A. Carnet (a) A statement that the document covers a sample collection and is invalid unless accompanied by a valid A.T.A. Carnet; (b) The number of the accompanying A.T.A. Carnet either recorded by the Management Authority, customs, or other responsible CITES inspecting official. © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.R.A. T27-1 Trade in Endangered Species Regulations R.S.A. c. T27-1 15/12/2010 32 Table 3 4. In addition to the information listed in Table 1, the type of document set out in Column 1 shall contain the information set out opposite in Column 2. COLUMN 1 COLUMN 2 Type of document Additional required information (1) Annex (such as an attached inventory, conditions, or continuation pages of a Convention document) The page number, document number, and date of issue on each page of an annex that is attached as an integral part of a Convention document. The signature and ink stamp or seal, preferably embossed, of the Management Authority issuing the Convention document shall also be included on each page of the annex. The Convention document shall indicate an attached annex and the total number of pages. (2) Certificate of origin A statement that the specimen originated in the country of origin that issued the certificate. (3) Copy when used in place of the original Convention document (a) Information required in row (7) of this table when the document authorizes export or re-export; (b) A statement by the Management Authority on the face of the document authorizing the use of a copy when the document authorizes import. (4) Export permit for a registered commercial breeding operation or nursery—Appendix-I specimens The registration number of the operation or nursery assigned by the Secretariat, and if the exporter is not registered operation or nursery, the name of the registered operation or nursery. (5) Export permit with a quota Number of specimens, such as 500/1,000, that were— (a) exported thus far in the current calendar year, including those covered by the current permit (such as 500); and (b) included in the current annual quota (such as 1,000). (6) Import permit (Appendix-I specimen) A certification that the specimen will not be used for primarily commercial purposes and, for a live specimen, that the recipient has suitable facilities and expertise to house and care for it. (7) Replacement Convention document When a Convention document replaces an already issued Convention document that was lost, damaged, stolen, or accidentally destroyed— (a) if a newly issued Convention document, indicate it is a “replacement,” the number and date of issuance of the Convention document that was replaced, and reason for replacement; or (b) if a copy of the original Convention document, indicate it is a “replacement” and a “true copy of the original,” a new original signature of the issuing Management Authority, the date signed, and reason for replacement. (8) Partially completed documents (a) A list of the blocks that shall be completed by the permit holder;. (b) If the list includes scientific names, an inventory of approved species shall be included on the face of the Convention document or in an attached annex; (c) A signature of the permit holder, which acts as a certification that the information entered is true and accurate. © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai R.S.A. c. T27 Trade in Endangered Species Regulations R.R.A. T27-1 15/12/2010 33 (9) Pre-Convention document (a) An indication on the face of the Convention document that the specimen is pre-Convention; (b) A date that shows the specimen was acquired before the date the Convention first applied to it. (10) Re-export certificate (a) The country of origin, the export permit number, and the date of issue; (b) If previously re-exported, the country of last re-export, the re-export certificate number, and the date of issue; (c) If all or part of this information is not known, a justification shall be given. (11) Retrospective Convention document A clear statement that the Convention document is issued retrospectively and the reason for issuance. (12) Sample collection covered by an A.T.A. Carnet (a) A statement that the document covers a sample collection and is invalid unless accompanied by a valid A.T.A. Carnet; (b) The number of the accompanying A.T.A. Carnet either recorded by the Management Authority, customs, or other responsible CITES inspecting official. © Government of Anguilla Copying/unauthorised distribution strictly prohibited Published under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai