Transport of Animals Regulations

TABLE OF PROVISIONS REGULATIONS 1. Short title 2. Stockyard for cattle, etc., shipped by swimming 3. Transport of horses and cattle by sea 4. Transport of small animals by sea 5. Shelter from sun 6. Protection from steam, etc. 7. Transport of horses and cattle by road 7A. Application of regulations 7B, 7C and 7D 7B. Record of cattle transported 7C. Identification of cattle 7D. Identifying number to be entered on record 7E. Cattle not to be transported on roads between 10 p.m and 4 a.m. 8. Transport of small animals by road 9. Transport of small animals by air 10. Penalty Schedule - Cattle Movement Records Regulations 20 April 1938, 18 September 1940, 7 May 1959 Legal Notices Nos. 88 of 1979, 22 of 1981 Short title 1. These Regulations may be cited as the Transport of Animals Regulations. Stockyard for cattle, etc., shipped by swimming 2. Where cattle or horses are shipped by means of swimming from the shore an adequate stockyard on the shore with a race leading to the water shall be provided by the shipper of such cattle or horses. Transport of horses and cattle by sea 3.-(1) This regulation applies to the carriage of horses and cattle in vessels engaged in interinsular, coasting or river trade within Fiji. (2) (a) No vessel which is not fitted as required by these Regulations shall carry horses or cattle; (b) cattle or horses shall not be carried on forecastle heads, or in any part of the vessel where in the ordinary course of navigation they would interfere with the proper management of the vessel, or with efficient use of lifeboats; (c) a clear space free from bollards and other fittings and not less than 2.3 m in length and 760 mm in width shall normally be provided for each animal, but where the width of horned cattle is such that there is a danger of knocking horns with the next animal, sufficient width shall be provided to prevent this occurring; (d) suitable fittings shall be provided in all cases so that each animal can be securely fixed by a head rope; poll cattle shall be secured by a head-stall; (e) all cattle and horse decks shall be provided with a sufficient quantity of sand, gravel or other suitable substance to give foothold; (f) for a journey exceeding 12 hours, fresh drinking water to allow a minimum of 25 litres per day for each animal shall be carried and such animals shall be provided with water; for journeys of 18 hours or more such animals shall be provided with food as well as water; (g) for watering cattle or horses, troughs or other water-tight receptacles shall be used; (h) all cattle and horse decks shall be properly ventilated; (i) a vessel shall not be overcrowded so as to be likely to cause injury or unnecessary suffering to the animals carried; (j) no animal which appears about to give birth or which is obviously seriously injured or unfit shall be embarked; (k) animals shall not be carried, if in the judgment of the master, weather conditions are such as might cause serious injury or suffering to, or loss of life among, the animals; (1) if any animal whilst being carried has a limb broken, or is otherwise seriously injured, and in pain, the master shall forthwith have the animal slaughtered in a manner to cause as little pain as possible and shall not be liable to the owner or to any other person for so doing; (m) slings of a pattern approved by the Assistant Director Agriculture (Animal Health and Production) shall be provided for the loading and unloading of cattle and horses, and shall be used whenever it is not practicable to load or unload such animals by means of a gangway. (3) In the event of a breach of any of the provisions of this regulation by another person the master of the vessel shall also be guilty of an offence and the owner of the vessel shall also be guilty of an offence unless he proves that the offence took place without his knowledge and that he took all reasonable precautions to ensure compliance with this regulation. Transport of small animals by sea 4.(1) This regulation applies to the carriage of sheep, pigs, goats and poultry in vessels engaged in interinsular, coasting or river trade within Fiji. (2) (a) Pigs shall be confined in pens of reasonable dimensions, and not restrained by tying; (b) goats shall be confined in pens of reasonable dimensions, or restrained by tying with a neck rope or head stall; (c) in journeys of over 6 hours fresh drinking water shall be supplied to animals by water trough or other water-tight receptacle; (d) in journeys of over 18 hours animals shall be supplied with food as well as water; (e) where only a few pigs or goats are carried, such animals may be carried separately in suitable crates. The crates shall be so secured or fixed as to prevent displacement by the motion of the vessel; (f) poultry shall, as far as practicable, be protected from exposure to bad weather, sea water or excessive heat; (g) poultry shall be carried only in such parts of the vessel as are sufficiently ventilated, and receptacles containing the poultry shall be so disposed as to allow sufficient ventilation to reach each receptacle, and so as to afford access to each receptacle for inspection of the poultry as occasion may require; (h) receptacles containing poultry shall be secured so as not to be shifted by the motion of the vessel; (i) poultry shall not be overcrowded so as to be likely to cause injury or unnecessary suffering to the poultry; (j) poultry shall not be restrained by tying by either one or 2 legs; (k) if any head of poultry be found to be so injured as to be suffering serious pain, the master shall forthwith cause the bird to be destroyed by decapitation with a sharp instrument. (3) In the event of a breach of any of the provisions of this regulation by another person the master of the vessel shall also be guilty of an offence, and the owner of the vessel shall also be guilty of an offence unless he proves that the offence took place without his knowledge and that he took all reasonable precautions to ensure compliance with this regulation. (Substituted by Regulations 7 May 1959.) Shelter from sun 5. Adequate shelter from the sun shall be provided for all animals carried on deck. Protection from steam, etc. 6. All animals shall be protected from contact with steam or hot water pipes or anything liable to cause injury to such animals. Transport of horses and cattle by road 7.-(1) This regulation applies to the carriage of horses and cattle by road. (2) (a) No vehicle which is not fitted as required by these Regulations shall carry horses or cattle; (b) the interior of every such vehicle shall be divided into at least two parts in a manner approved by the Permanent Secretary for Primary Industries shall be free from bolt heads, angles or other projections likely to cause injury or suffering to animals carried therein, and shall be padded in a manner approved by the said Permanent Secretary; (c) every such vehicle shall be constructed to ensure that animals cannot fall off the vehicle whilst standing or in motion; in particular the ends and sides shall be rigidly and strongly attached, and of sufficient height; (d) every such vehicle shall be provided with facilities for the loading and unloading of animals by means of a suitable falling door, tailboard or ramp, which shall be fitted with battens or shall be suitably constructed or covered with matting or other material to ensure a safe foothold for any animal being loaded or unloaded from such vehicle; (e) every such vehicle shall be provided with a sufficient quantity of sand, gravel or other substance to ensure foothold; (f) the vehicle shall not be overloaded so as to be likely to cause injury or unnecessary suffering to animals carried; (g) no animal which appears about to give birth or which is obviously seriously injured or unfit shall be carried unless for the purpose of taking the animal for treatment; (h) cattle or horses shall be supplied with clean drinking water if carried for more than 8 hours; (i) animals carried shall be protected from the sun or weather as far as is practicable. (3) In the event of a breach of any of the provisions of this regulation by another person the driver of the vehicle shall also be guilty of an offence, and the owner of the vehicle shall also be guilty of an offence unless he proves that the offence took place without his knowledge and that he took all reasonable precautions to ensure compliance with this regulation. (Substituted by Regulations 7 May 1959; para. (2) amended by Legal Notice 22 of 1981.) Application of regulations 7B, 7C and 7D 7A. Regulations 7B, 7C and 7D shall apply to the carriage of cattle by sea within the territorial seas and by river and road within Fiji. (Inserted by Legal Notice 22 of 1981.) Records of cattle transported 7B.-(1) The owner of any vehicle or vessel used for the transport of cattle shall keep records in the form set out in the Schedule of all cattle transported in that vehicle or vessel. (2) Such records shall be kept in booklets with an original and duplicate of each page and all entries therein shall be made clearly and legibly. (3) The original of the record of cattle transported on each journey shall be delivered to the consignee of the cattle. (4) On the completion of each booklet containing such duplicate records, the owner of the vehicle or vessel shall deliver the booklet with duplicate records to the Assistant Director of Agriculture (Animal Health and Production) or mail it to him by registered post addressed to him at P.O. Box 358, Suva, Fiji or at such other address as he may from time to time notify for the purposes of this regulation. (5) Until such booklet has been delivered or mailed pursuant to paragraph (4) the owner of the vehicle or vessel to which it relates shall on demand produce it for examination by an officer of the Department of Agriculture. (6) The consignee to whom the original of a record has been delivered pursuant to paragraph (3) shall carefully preserve it and on demand produce it for examination by an officer of the Department of Agriculture. (Inserted by Legal Notice 22 of 1981.) Identification of cattle 7C.-(1) Subject to paragraph (3), no cattle shall be placed in any vehicle or vessel or shall be transported thereby unless each animal is identified by means of a metal tag issued in accordance with paragraph (2) bearing a number thereon and affixed to the right ear of the animal. (2) The owner of any vehicle or vessel used for the transport of cattle shall, subject to paragraph (3), as often as may be necessary apply to the Assistant Director of Agriclture (Animal Health and Production) for the issue to him of metal tags for use in compliance with paragraph (1). (3) Nothwithstanding the foregoing provisions of this regulation when a road vehicle is used only infrequently for the transport of cattle, the owner of the vehicle may by prior arrangement with the officer in charge of the station of the Ministry of Primary Industries nearest to the place of loading any cattle, transport them in the vehicle to that station for the purpose of having the identifying metal tags fixed to such animals by an officer of the Ministry at that station. (4) Every application for the issue of metal tags under paragraphs (2) and (3) shall be accompanied by such sum as shall be required to cover the cost of and incidental to the issue of the tags applied for, in accordance with the rate or rates notified by the Assistant Director of Agriculture (Animal Health and Production) for the purposes of this regulation, and receipt of the said sum by the Ministry of Primary Industries shall be a condition precedent to the issue of the tags. (Inserted by Legal Notice 22 of 1981.) Identifying number to be entered on record. 7D. The owner of every vehicle or vessel used for transporting cattle shall enter in the record required to be kept under regulation 7B the identifying number of every animal required to be tagged pursuant to regulation 7C. (Inserted by Legal Notice 22 of 1981.) Cattle not to be transported on roads between 10 p.m. and 4 a.m. 7E. No cattle shall be transported by road vehicle between the hours of 10 p.m. and 4 a.m. except with the written permission of a Veterinary Officer of the Ministry of Primary Industries. (Inserted by Legal Notice 22 of 1981.) Transport of small animals by road 8.-(1) This regulation applies to the carriage of sheep, pigs, goats and poultry by road. (2) (a) Where a number of sheep, pigs or goats are carried which is insufficient to fill the interior of the vehicle a batten of sufficient width shall be affixed across the vehicle to enclose the animals in the minimum space required; (b) sheep and goats may be restrained by tying with a head rope to the side of the vehicle, but pigs shall not be restrained by tying in any manner; (c) the vehicle shall not be overcrowded so as to be likely to cause injury or unnecessary suffering to animals carried; (d) in journeys of over 8 hours animals other than poultry shall be supplied with fresh drinking water; (e) where only one or 2 sheep, pigs or goats are carried each animal may be carried singly in a suitable crate. The crates shall be so fixed as to prevent falling off the vehicle whilst in motion; (f) animals shall be protected from the sun or weather as far as is practicable and shall be supplied with fresh drinking water immediately before loading; (g) poultry shall be carried only in suitable and suitably ventilated receptacles; (h) a receptacle containing poultry may be placed on another such receptacle only if sufficient ventilation is left for each receptacle; (i) poultry shall not be restrained by tying by either one or 2 legs; (j) in journeys of over 6 hours poultry other than day-old chicks shall be supplied with fresh drinking water; (k) poultry shall be protected from the sun or weather as far as is practicable. (3) In the event of a breach of any of the provisions of this regulation by another person the driver of the vehicle shall also be guilty of an offence, and the owner of the vehicle shall also be guilty of an offence unless he proves that the offence took place without his knowledge and that he took all reasonable precautions to ensure compliance with this regulation. (Substituted by Regulations 7 May 1959.) Transport of small animals by air 9.-(1) This regulation applies to the carriage of sheep, pigs, goats and poultry by air. (2) (a) Animals shall be carried only in suitable receptacles; (b) animals shall be carried only in such parts of an aircraft as are sufficiently ventilated, and receptacles containing animals shall be disposed so as to allow sufficient ventilation to reach each receptacle, and so as to afford access to each receptacle for inspection; (c) receptacles shall be secured so as not to be shifted whilst the aircraft is in motion; (d) a receptacle containing animals may be placed on another such receptacle only if sufficient ventilation is left for each receptacle; (e) no animal carried in a receptacle shall be restrained by tying in any manner; (f) animals shall not be overcrowded so as to be likely to cause injury or unnecessary suffering; (g) receptacles containing animals shall be protected from the sun or weather whilst awaiting loading. (3) In the event of a breach of any of the provisions of this regulation by another person the captain of the aircraft (except in the case of a breach of sub-paragraph (g) of paragraph (2)) shall also be guilty of an offence, and the owner of the aircraft shall also be guilty of an offence unless he proves that the offence took place without his knowledge and that he took all reasonable precautions to ensure compliance with this regulation. (Substituted by Regulations 7 May 1959.) Penalty 10. Any person committing a breach of any of these Regulations shall be liable on conviction to a fine not exceeding $200. (Amended by Legal Notice 22 of 1981.) SCHEDULE (Regulation 7B(1)) (Inserted by Legal Notice 22 of 1981.) THE TRANSPORT OF ANIMALS REGULATIONS (Regulation 7B) CATTLE MOVEMENT RECORDS Name and official No. of vessel ................................................................. (or) Licence No. of vehicle............................... Owner............................... Date ............................................................................................................. Collected From ...................................Delivered to ................................... TAG NO: SEX: COLOUR: Controlled by Ministry of Primary Industries