Biodiversity and Wildlife Act

1 BIOIDIVERSITY AND WILDLIFE ACT 2003 ARRANGEMENT OF SECTIONS Section PART 1 - PRELIMINARY 1. Short title 2. Interpretation PART 11 - ADMINSTRATION 3. Directors Technical Officers to carry into effect Provisions of this Act 4. Biodiversity and Wildlife management plans monitoring and evaluation 5. Preparation and review of the National Biodiversity and Wildlife Policy 6. Liaison with national and international organisations 7. Basic biodiversity and wildlife training facilities 8. Biodiversity and Wildlife research and studies 9. Duties of Officers 10. Disciplinary action 11. Technical officers not be involved in biological produce dealings 12. Technical officers to carry identification cards 13. Prevention of offences PART 111- PROTECTED AREAS 14. Establishment of Protected Areas 15. Preliminary notification of intention to create protected Area and appointment of Protected Area Settlement Committee 16. Notice of enquiry 17. Duties of Protected Area Settlement Committee to have judicial powers 18. Protected Area Settlement Committee to have judicial powers 19. Power of Protected Areas Settlement Committee to join or sever claims 20. Submission of Protected Ares Settlement Committee’s findings on completion of inquiry 21. Right may be extinguished or modified by Secretary of State 22. Notification of proposed protected Area and rights admitted 23. Order of the Secretary of State constituting a Protected Area 24. Revision or Modification of Orders constituting a Protected Area 25. Privileges admitted in Protected Area 26. Extinguishing and reviving rights 27. No new rights to be acquired in lands to be constituted a Protected Area without 28. Rights in Protected Area may not be alienated without approved 29. Non-exercise of rights 30. Lands and rights may be granted absolutely to the state 31. Power to de-reserve a Protected Area 32. Exploitation of resources within Protected Areas 2 PART VI - MANAGEMENT OF PROTECTED AREAS 33. Management of Protected Areas 34. Local communities and Protected Areas 35. Role of Local Biodiversity and wildlife Committee in the administration of Protected Areas 36. Biodiversity impact assessment of farming, industrial projects and other activities on Protected Areas 37. National Wildlife Inventory 38. National Wildlife Action Programmed 39. Inventory in Protected Areas 40. Management plans for Protected Areas 41. Plan of operation for Protected Areas PART V - BOIDIVESITY FUND 42. Establishment of the Fund 43. Purpose of the Fund 44. Resources of the Fund 45. Accounts and audit PART VI - CONTROL OF HUNTING AND HARVESTING 46. Protected biological resources 47. Power to declare open season 48. Hunting or harvesting licences required 49. Form and conditions of licences 50. Applications for licences 51. Power to refuse to issue licences 52. Appeals for refusal of licence 53. Power to cancel or suspend licence 54. Appeals against cancellation or suspension 55. General provisions for hunting or harvesting licences 56. Defence of life or property 57. Duty to seek assistance 58. Wounded animals 59. Hunting harvesting by authorized officers 60. Vermin 61. Penalty for illegal hunting or harvesting PART VII - PROHIBITED METHODS OF HUNTING OR HARVESTING 62. Prohibited methods of hunting or harvesting: general provision 63. Use of fire prohibit 64. Hunting at night prohibited 65. Driving animals into water 66. Restriction on use of vehicles 67. Power to suspend or further prohibit 68. Penalties for use of prohibited hunting or harvesting methods 3 PART VIII - SALE OF SCHEDULE RESOURCES 69. Commercial sale of schedule biological resources prohibit 70. Import permit 71. Power to issue import permit 72. Export permit 73. Power to issue export permit PART IX - IMPORT AND EXPORT OF SCHEDULES BIOLOGICAL RESOURECS 74. Permit to be carried by holders 75. Household and personal effects 76. Penalty for illegal import and export PART X - ENFORCEMENT POWERS 77. Powers to stop and search 78. Powers to search seize and arrest 79. Legal proceedings 80. Prohibition on obstructing authorized officer 81. Exemption of authorized officers PART XI - PRESUMPTIONS, PENALTIES AND FORFEITURES 82. Evidence and presumptions 83. General penalties 84. Offences by bodies corporate 85. Forfeiture 86. Destruction of game-pits, etc on conviction 87. Effect of conviction 88. Other laws applicable PART XII - BIODIVERSITY AND WILDLIFE COORDINATION MECHANISM 89. Establishment of the Inter-Sectoral Committee on Biodiversity and Wildlife 90. Functions and objective of the Biodiversity and Wildlife Committee 91. Land use management and biodiversity and Wildlife conversation 92. Biodiversity and Wildlife research 93. Incentives, access and benefit sharing PART XIII - MISCELLANEOUS 94. Prescribed forms 95. Power to make regulations 96. Act to prevail over all other laws on biodiversity and Wildlife matters 97. Repeal and savings 4 SCHEDULE Schedule Biological Resources BIODIVERSITY AND WILDLIFE BILL, 2002 A BILL ENTITLED AN ACT to provide for the conversation of biodiversity and wildlife, to promote, regulate and protect the use of biological resources and establish, maintain and administer protected natural areas and cultivated sites and for the participation by the population in conversation and sustainable use and for matters connected therewith. [ ] ENACTED by the President and the National Assembly. PART 1 - PERLIMINARY Short title 1. This Act may be cited as the Biodiversity and Wildlife Act, 2002. Interpretation 2. In this Act, unless the context otherwise requires “authorised officer” means a Wildlife Officer, an Agricultural Officer, a Livestock Officer, a Forestry Officer, Fisheries Officer a National Environment Agency Officer, a Police Officer or any other Officer authorised by the Director to carry out the provisions of this Act or regulations made under it; “biodiversity” means a variability among living organisms from all sources and includes, terrestrial, marine and other aquatic eco-systems and the ecological complexes of which they are part, including diversity within species, between species and of eco-system; “biodiversity licence” means issued by a licensing officer under this Act, authorising the use of the components of biodiversity; “biological resource” means a genetic organism or other biotic component of eco systems with actual or potential use or value for humanity; 5 “commercial business” means a shop, store, restaurant or any other fixed place of business open to the public for the purpose of supplying for reward any of the components biodiversity and wildlife in its natural or raw form or as its products; “conservation” means the application of policies and programmes in the management of natural resources for human kind and for the long term retention of natural communities under conditions which provide the potential for continuing evolution and at the same time maintain the potential to meet the needs and aspirations of the present a future generations. “Department” means the Department of Parks and Wildlife Management, Department of Agriculture service, Department of livestock Services, Department of Forestry, Department of Water Resources, as the context specifies or implies; “Director” means the Director of Parks and Wildlife Management, Director of Agricultural Services, Director of Livestock Services, Director of Forestry, Director of Fisheries, Director General of the National Agriculture Research Institute, the Executive Director of the National Environment Agency or the Director of Water resourse, as the context specifies or implies; “eco-system” means a dynamic complex of plant, animal and microorganism communities and their non –living environment interacting as a function unit; “export” includes the export of as scheduled biological resource, meat, or trophy of a scheduled biological recourse that has been previously imported; “ex-situ conversation” means the conversation of components of biodiversity outside their nature habitat; “general licence” means a licence issued by a licensing officer under this Act, authorising use in any form of a scheduled biological resourse; “genetic material” means a material of plant, animal, microbial or other origin containing functional units of heredity; 6 “harvest” includes call, collect, gather, cut, fell and catch; “hunt” means – (a) kill, wound, capture or shoot at; (b) willfully disturb, molest or take by any method nest or egg of a wild animal; (c) follow, lie in wait for or search for with the intent to kill, wound, capture or shoot at, or (d) doing any further act immediately directed at killing, wounding or capturing a wild animal; “licensing officer” means the Director or any other officer authorised by him or her in writing; “meat means the fat, blood, flesh or tissue of an animal whether fresh or dried, , pickled or otherwise processed; “national parks” means any area of land so classified under section 14 for (a) the propagation, protection, conversation and management of sustainable use of biological resourse; (b) the protection of sites, landscapes or geological formations of particular scientific or aesthetic value for the benefit and enjoyment of general public, and in which hunting and harvesting of biological resources, destruction or collection of plants, human settlement and certain other human activities disruptive of biological resource and the culture environments are prohibited or strictly controlled in accordance with the provisions of Part III of this Act; 7 “national reserve” means an area of land so classified under section 14 for the propagation, protection, conversation, management and sustainable use biological resources, and the associated habitats, and in which hunting, harvesting and certain other human activities are prohibited in accordance with Parts III of this Act “open season” means a period of time declared by the Secretary of State as an open season under section 47; “Protected Area” means a geographically define area which is designated or regulated and managed to achieve specific conversation objectives and includes a forest park, a protected Forest a national park, a national reserve, protected fisheries area and local sanctuary; “scheduled biological resource” means a Scheduled biological resources listed in the scheduled or such other biological resource as may be specified by the Secretary of State by regulations published in the Gazette; “Secretary of State means the Secretary of State responsible for the administration of this Act; “sell” means sell, barter, exchange, offer or expose for sale or transfer; “sustainable use” means the use of components of biodiversity and wildlife in a manner and at a rate that does not lead to the long-term decline of biodiversity and wildlife, thereby maintaining its potential to meet the needs and aspiration of present and future generations; “Technical Officer” means an officer appointed under section3; “trophy” means a scheduled biological resource, whether alive or dead, or a durable portion whether processed, added to or changed, which is recognisable as a durable portion, and a nest or an eggshell; 8 “Vermin” means – (a) wild animal or birds, including warthogs, baboons, red pates monkeys, rats, mice and weave birds, that destroy or harm crops, food or game; or (b) parasitic insects, that are unpleasant or harmful to society, which are declared by the Secretary of State to be vermin under section 60; “wild animal means an animal that is not a domesticated animal; “wildlife” means – (a) all living organisms in the wilderness; (b) all animal and plants that are not domesticated; or (c) all free ranging vertebrates in their free or natural environment. PART II -ADMINISTRATION Directors and 3. (1) The Director and such other Technical Technical Officers as may be appointed by the Public Officers to carry Service Commission as necessary shall carry into into effect effect the purposes and provisions of this Act. provisions of this Act (2) The appropriate Director may, in writing, delegate or assign any of his or her functions under this Act such other authorised officers as he or she may think fit. (3) The Director shall, subject to the provisions this Act and any general or specific directions of the Secretary of State, have the general Superintendence of all matters contained in this Act. 9 Biodiversity and 4. (1) The Director shall develop and keep under wildlife continual review plans for the rational biodiversity management and wildlife in the Gambia, taking into account plans national, regional and international aspects of monitoring and biodiversity and wildlife management. evaluation (2) Each biodiversity and wildlife management plan shall be designed to ensure that biodiversity and wildlife is rationally managed and conserved so as to yield to The Gambia in general, and in individual areas in particular, optimum returns in terms of ecological, culture, aesthetic, scientific and economic gains as are incidental to proper biodiversity and wildlife management. (3) The Director of parks and wildlife Management, in consultation with other sectoral Directors, shall establish and implement a comprehensive monitoring and evaluation system on biological resource, and utilization of biological resources and revenue which shall be detailed in guidelines issued by him or her. (4) The comprehensive monitoring and evaluation system shall consist of annual plans of operation and reports on biodiversity and wildlife management. Preparation and 5. (1)The secretary of State responsible for Review of the wildlife shall appoint a multi-sectoral working National group under the leadership of the Department of Biodiversity and Parks and Wildlife Management to prepare Wildlife Policy biodiversity and wildlife policy proposals for the approval of the Cabinet which shall, when approved, constitute the National Biodiversity and Wildlife Policy. (2) The Secretary of State responsible for biodiversity and wildlife may, review the National Biodiversity and wildlife policy at any time but not later than ten years after its approval by the Cabinet. 10 Liaison with 6. The Department of Parks and Wildlife national and Management shall be responsible for co-operating international and liaising with, national and international organisations organisations and bodies on matters of biodiversity and wildlife conservation. Basic 7. (1) A Biodiversity and Wildlife Training Center Biodiversity and shall be established for the purposes of providing Wildlife training basic biodiversity and wildlife training to Wildlife Facilities Officers and trainees from other Department, organisations or communities. (2) The Training Centre shall provide a minimum of one year practical and theoretical training for wildlife security guards and rangers and issue a certificate to a person who successfully completes the training. Biodiversity and 8. The Director General of National Agricultural wildlife research Research Institute shall ensure that essential and studies biodiversity and wildlife research and studies are conducted within the institute and in other appropriate research and educational institutions. Duties of 9. (1) The Director shall ensure that officers (a) all biodiversity and wildlife related activities in respect of his or her Department are carried out according to the provisions of this Act and regulations made under it; and (b) every Technical Officer is fully acquainted with the provisions of this Act and the regulations under it. (2) A Technical Officer shall enforce the provisions of this Act and regulations made under it impartially and report any offence to his or her superior officer and in this respect shall acquaint himself or herself with the provisions of this Act and the regulations made under it. 11 Disciplinary 10.(1) Failure to comply with section 9 (2) shall be action considered a just cause for disciplinary action against a Technical Officer. (2) Where the Director is satisfied that a Technical officer has aided or abetted the commission of or connived with another person to commit an offence under this Act or regulations made under it, he or she may order or recommend that the Technical Officer be summarily dismissed in accordance with Public Service Commission Regulations. Technical 11. A Technical Officer shall not officers not to (a) obtain a licence or permit under this Act; be involved in or biological (b) have shares or any form of partnership produce arrangement with a person operating a cealings business or industry on the basis of a licence or permit issued under this Act. Technical 12. A Technical Officer shall, in the exercise of his Officers to or her official duties under this Act, carry at all Identification times his or her official identification card, which Cards shall be issued by the Director, bearing the photograph and showing the rank of the Officer. Prevention of 13. It is lawful for a Technical Officer, Police Offences Officer, a member of the e Biodiversity and Wildlife Committee or a local authority officer to prevent the commission of an offence under this Act. PART 111 - PROTEDTED AREAS Establishment 14. (1)The Secretary of State responsible for of protected biodiversity and wildlife may, on areas recommendation of the Directors, declare an area to be Protected Area for the purposes of biodiversity and wildlife conservation and sustainable use. (2) The Secretary of State shall, in declaring an area to be a Protected Area, take into consideration the following factors (a) the importance of the area for the conservation of biodiversity and wildlife; 12 (b) an evaluation if the current and potential value of the economic activities to be carried out in the area; (c) the human settlement and the regime of land tenure governing the area; and (d) the social benefits to be derived form the management of the area. (3) The Secretary of State shall, in declaring a Protected Area, recognize the rights of the communities and indigenous people traditionally settled in the area. (4) The declaration of Protected Area shall be by an Order of the Secretary of State published in the Gazette and shall, in the case of a national park, be approved by the Cabinet. (5) The Protected Areas shall be classified into national parks, national reserves, fisheries protected areas, local sanctuaries and culture and heritage sites defined by regulations made by the Secretary of State. (6) Notwithstanding anything contained in any other law, a Protected Area shall not be de-reserved without the consent of the Secretary of State and, in the case of a national parks, approval of the Cabinet. Preliminary 15. (1) The Secretary of State shall, before notification of designating a land to be a Protected Area, publish intention to in the Gazette, a Notice create protected area and (a) specifying as nearly as may be, the appointment of situation and the limit of the land; protected area settlement (b) declaring that it is intended to committee designate the land a Protected Area, either for the general purposes of the Government or for the particular use and benefit wholly or in part of a class of persons or for the benefit of a community; (c) declaring that the land will form a Protected Area; 13 (d) appointing a committee to be known as a Protected Area Settlement Committee which shall consist of (i) the Attorney General or his or her designated representative, (ii) the Divisional Commissioner, (iii) the District Seyfo, (iv) the Alkalolu of the villages concerned, (v) a member of the Area Council, (vi) the Divisional Technical Officers of the Departments concerned, and (vii) a co-opted technical expert, where appropriate. (2) The Protected Area Settlement Committee shall be chaired by the Attorney General or his or her designated representative. Notice of 16. On publication of a Notice under section 15, enquiry the Protected Area Settlement Committee shall (a) immediately cause the particulars contained in the Notice to be made know in the areas under the jurisdiction of the Area Council or local authority in which the land is situated (i) by causing it to be read and interpreted into the local language in every court in the areas under the jurisdiction of the Area Council or local authority and (ii) as far as it considers essential by informing in writing the Seyfo of the communities dwelling on, and the Area Council or local authority having jurisdiction over the land; and 14 (b) fix, make know a period within, and a place where, a person or community claiming a right in or, over the proposed Protected Areas land, shall send a written claim to be the Committee or appear before it and state orally the nature and extent of the claim. Duties of 17. (1)As soon as possible after the period fixed protected area by the Protected Area Settlement Committee settlement under section 16, the Committee shall committee at enquiry (a) inquire into and determine the limits of the land specified in the Notice published under section 15; and (b) inquire into and determine the existence, nature and extent of a claim or right claimed by or alleged to exist in favour of a person or community named in the claim or any other right in or over the proposed Protected Area. (2) The Protected Area Settlement Committee shall keep a record in writing of (a) a claim or an alleged right; (b) an objection made to a claim or alleged right; and (c) any evidence in support of or in opposition to the claim or alleged right. Protected area 18. for the purpose of the inquiry, the Protected settlement Area Settlement Committee shall have all the committee to powers conferred by law on a High Court. have judicial powers Power of 19. The Protected Area Settlement Committee Protected Area may, at any time during the inquiry, join Settlement any number of claims or sever any claims Committee to joined and, in its findings may join any join or sever number of claims or sever any claim which claims were formerly joined. Submission 20. On the completion of the inquiry, the protected area Protected Area Settlement Committee shall submit to 15 settlement the Director, for the consideration of the committee’s Secretary of State, its findings finding on completion of inquiry (a) describing the limits of the land specified in the notice published under section 15; (b) setting out all such particulars as may be necessary to define the nature, duration, incidence and extent, of any claim and alleged right referred or brought to its notice in respect of the land; and (c) admitting or rejecting the claim or alleged right wholly or in part. Right may be 21. (1) where the Protected Area Settlement extinguished or Committee has admitted wholly, or in modified by part any claim or alleged right and, in Secretary of the opinion of the Director, the State admission would – (a) stultify the objects of the proposed Protected Area; (b) seriously hinder the efficient working of the proposed Protected Area; or (c) cause any damage to the proposed Protected Area, he or she shall made a report to the Secretary of State. (2) The Secretary of State may, on receiving the Director’s report (a) extinguish the claim or right and may give monetary compensation or grant in exchanger similar right on other situated land either within or outside the final boundaries of the Protected Area; (b) confine or restrict the claim or right to certain areas either within or outside the final boundaries of the Protected Area or the exercise of the right to certain times of the year; 16 (c) make an enclave or so amend the boundaries of the proposed Protected Area so as to exclude from the Protected Area, an area over which the claim or right has been admitted; (d) add any additional right as he or she shall consider just and equitable to allow, notwithstanding that the Protected Area Settlement Committee has not admitted the claim or right; or (e) adopt wholly or in part, any one or any combination of the methods specified in the paragraphs (a) to (d) of dealing with the matter. (3) Where the Secretary of State, alters the external boundaries of the proposed Protected Area, he or she shall not include an area which lies outside the original limits set out in the Notice published under section 15. Notification 22. (1) The Secretary of State shall, on receiving Proposed the report of the Director and taking any action Protected Area specified under section 21, publish a Notice in the and rights Gazette specifying admitted (a) the land which is finally intended to be designated a Protected Area; (b) the rights which may be exercised within the proposed Protected Area; and (c) any other special conditions affecting the proposed Protected Area. (2) The notice shall be made know in the same manner as in section 16 and to every other person and community affected by the decision of the Secretary of State under subsection (1). Order of the 23. (1) The Secretary of State may, after issuing Secretary of the Notice under section 22, make an Order State designating as a Protected Area the land in constituting a respect of which an inquiry has been held Protected Area 17 (2) The Order shall set out (a) the limits of the land which constitutes the Protected Area; and (b) all rights affecting the land as set out in Notice published under section 21; (3) The order shall be published in the Gazette and made known in the same manner as in section 16. (4) The land shall be a Protected Area from the date of the publication of the Order in the Gazette. Revision 24. (1) An Order made under section 23 may be or modification revised or modified by the Secretary of State and of Orders the revision of modification may given constituting a retrospective effect. Protected area (2) In a revision or modification made under this Section, the Secretary of State may, after such further inquiry as he she may deem necessary – (a) exercise the right conferred on him or her under section 21; (b) add any additional right as he or she considers just and equitable to allow notwithstanding that the right had not been admitted in the notice published under section 22; or (c) Provide for any two or more contiguous protected area to be joined to form one protected area. Privileges 25. (1) Privileges in Protected Area may be admitted in admitted if a written permission specifying the Protected area quantity of a defined produce is obtained from the responsible technical officer who shall determine the method of exploitation and the sustainable exploitation of the produce accordance with this section. 18 (2) Privileged in a protected area shall be (a) limited to non-commercial exploitation of a non-biological produce; and (b) only be granted to a person residing in the immediate surrounding of a protected area (3) A person who fails to comply with this provision commits an offence and liable on conviction to a fine fifty thousand dalasis imprisonment for a term not exceeding two years or to both fine and imprisonment. Extinguishing 26 .(1) subject to subsection (2), a right in or over And reviving a land in respect of which no claim has been be Rights made to the Protected Area Settlement Committee or which not brought to the notice of the committee shall be extinguished. (2) if the person, within one year of date of the publication in the Gazette of the notice under section 15, claim and satisfies the Secretary of State (a) that he or she had a right in respect of which he or she might have made a claim; and (c) that, through ignorance of the fact that an inquiry was being held or for other sufficient reason he or she failed to make the claim, the secretary of state may direct that the right shall be revived, modified or extinguished in accordance with the provisions of section claim 21. no new right 27. During the period between the dates of the to be acquired in publication of the notice under section 15 of the lands to be intention to create a protected area and of the constituted a order under section 23 designating the Protected protected area Area, no without approval (a) right shall be acquired in to over the land comprised in the notice otherwise than by succession or under a grant or contract in writing entered into with the approval of the 19 secretary of state; and (b) act or thing shall be done in contravention of this act, except that a right specified in the order published under section 23 may be exercised to the extent and in the manner described in the order the community or person to whom it was granted, without prejudice to any subsequent revision or modification as provided for in this act. right in 28.(1)A person or community shall not without protected area the consent of the Secretary of State having been may not be first obtained alienate by sale mortgage or alienated transfers a right specified in an order made under without section 23. approval (2) A sale mortgage or transfer effected without consent shall be null and void. non-exercise 29. (1) A right in the Protected Area specified in an of rights order made under section 23 and not exercised for a period of ten years shall be deemed to have been extinguished (2) where another right of way is available, the Secretary of State may, by notice in the Gazette close a right of way in a Protected Area. land and 30. Noticewithstanding any customary law is to the right may be contrary a person a family and the seyfo or granted Alkalo of a community on behalf of community, absolutely to shall be entitled to enter into an agreement to the state grant and convey to the state any of them in the proposed Protected Area. power to 31. (1) The secretary of state may, by notice de-reserved published in the Gazette, direct than from a date protected area stated in the notice any land or part of any land designated a protected area under section 23, shall case to be a protected area or part of the Protected Area. 20 (2) Form the date specified under subsection (1) the land shall cease to be a Protected Area or part of the Protected Area, Providing that a right, if any, which may have been extinguished in the land shall not revive in consequence of the cessation. exploitation of 32. (1) Where the nation interest so requires, the resources exploitation of mineral resources or the within exploitation of mineral resources or the Protected Areas development if infrastructure project may be permitted within a Protected Area. (2) Notwithstanding subsection (1), the exploitation of resources and the development of infrastructure project within a Protected Area shall be subject to such environment laws and no.13 of 1994 Regulation made under the national environment management act, 1994 and such condition as may be prescribed by the Director in Bye –Laws made under this Act. (3) The Director may make Bye-laws regulating the national utilization of resources by local community within Protected Area. PART IV –MANAGEMENT OF PROTECTED AREAS Management 33.(1) A Protected Area shall be administered by Protected Areas means of a management plan which shall be in accordance with the management plan developed under section 4. (2) The rules of procedure for the preparation and execution of the management plan shall be prescribed by regulations. (3) The administration of the Protected Area shall Consist of – (a) an administrative body for the Area which shall be the highest body for management and decision-making at the local level and shall be in charge of the local communities, with an Administrator appointed by the Director as the head; 21 (b) a management committee which supports, assesses and supervises the administration of the Protected Area; and (c) park security guards or rangers who shall be the competent body for monitoring and surveillance in the Area. (4) The Department of Parks and Wildlife Management shall be responsible for the park guards or ranger and the Director may make Bye-law governing their operations. Local 34.(1) The Director of parks and wildlife communities Management shall encourage community and protected participation, in the form of a Local Biodiversity Areas and Wildlife Committee in the management of a Protected Area, particularly the communities in the area and its immediate surrounding. (2) In the process of technical evaluation and identification of significant area for conversation, the Director shall involve local communities in the design process of a proposed area to be declared a Protected Area. Role of local 35. A Local Biodiversity and Wildlife Committee Biodiversity and empowered under section 43 to supervise the Wildlife administration of a Protected Area shall Committee in the administration (a) protect the Area from fire; of protected areas (b) decide, in collaboration with the Department of Parks and Wildlife Management, the type and number of licences and permits to be issued in the Area; (c) monitor the activities of licence and permit holders in the Area; (d) prevent any illegal act in the Area; and (e) administer the revenues collected from the Area in accordance with this Act. 22 Biodiversity 36(1) Where farming, an industrial project or any impact other activity in a Protected Area is assessed assessment other activity in a Protected Area is not assessed farming, for its environmental impact as provided under the industrial National Environment Management Act, 1994, the project and developer of the activity shall be required to other activities summit a project brief to the Director stating in protected Areas No.13 of 1994 (a) the nature of the project; (b) the activities that shall be undertaken; (c) the area of Protected Area that may be affected; (d) the possible products and by product of the activities anticipated; and (e) any other matter that affect the biodiversity and wildlife within the Area. (2) If after considering the project brief, the Director is the view that the proposed project will have an adverse impact on the Protected Area, he or she shall (a) require the developer to re-design the project taking into account the recommendations of the Director or (b) reject the proposed project if it is found incompatible with the biodiversity and wildlife policy, the protected area management objective or the provisions of this Act and any regulations made under it. (3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of fifty thousand dalasis or imprisonment for a term not exceeding two years or to both the fine and imprisonment. National 37.(1) The Department shall prepare and conduct Wildlife a National Wildlife Inventory every ten years 23 Inventory according to the modalities set by the Secretary of State. (2) The realization of the inventory is the responsibility of the Director who may subcontract the work to a specialization and competent Organization. National 38. The Director shall prepare a ten-year National Wildlife Action Wildlife Action Programme to conserve and Programme develop wildlife resources, which shall be based on the results of the National Wildlife Inventory. Inventory in 39. For the management of a Protected Area, a Protected Protected Area Inventory shall be conducted by Areas the respective Department in accordance with regulations made under this Act. Management 40. The respective Department of a shall establish a Plan for Protected Area Management Plan for each Protected Protected Area as may be specified in regulations Areas made under this Act. Plan of 41. The management activities in a Protected Operation for Area shall be in accordance with a plan of Protected Areas operations, which shall be prepare annually for all Protected Areas. 24 PART V-BIODIVERSITY AND WILDLIFE FUND Establishment 42. There is hereby established a fund to be of the fund known as the National Biodiversity and Wildlife Trust Fund (in this part referred to as “the Fund”). Purpose of the 43. The proceeds of the Fund shall be used to Fund promote the protection, development and Sustainable use of biological resources. Resources of 44.(1)The Fund shall consist of the Fund (a) proceed of the sale of biological produce extracted from the protected Areas; (b)fifty per cent of all fees and royalties received under this Act; (c) Monies earned from projects financed from the fund; and (d) grants, donation and endowments received from sources within and outside The Gambia. (2) The Fund shall be kept in a separate account with the Accountant General and shall be administered by the Director and the Permanent Secretary of the Department of State responsible for wildlife. Accounts and 45. (1) The Director of Parks and Wildlife audit Management shall, in consultation with other concerned Director, within a period of three months before the end of each financial year, make and submit to the Secretary of State for his or her approval estimates of the income and expenditure of fund for the ensuing year. (2) No expenditure shall be made out of the fund unless the expenditure has been approved by the Secretary of State under the estimates for the year in which the expenditure is made, or in any other estimates supplementary to those estimates. (3) The Director of Parks and Wildlife Management shall, in consultation with the other Director, prepare in respect of each financial year, a statement of account which shall 25 include (a) a balance sheet, a statement of income and a statement of surplus or deficit; and (b) such other information in respect of the financial affairs of the fund as prescribed in the Financial Instructions. (4) The account of the fund shall, in respect of each financial year, be audited by the Auditor General. PART VI-CONTROL OF HUNTING AND HARVESTING Protected 46. (1) Except as otherwise provided under this Act, biological a scheduled biological resources found in The resources Gambia, whether or not originating in The Gambia, is hereby protected as a biological resource. Power to 47.(1) The secretary of state may, if he or she is declare open satisfied that pursuant to a Biological Resource season Management Plan developed under section 4, it is desirable to do so, declare an open season during which it is lawful to hunt or harvest the species of biological resource specified in the declaration. (2) A declaration made under this section shall be by Notice published in the Gazette, and may make different provision in respect of different areas and different species of biological resources. (3) No open season shall apply to a Protected Area. Hunting or 48. Except as otherwise provided under this Act, a harvesting person shall not hunt or harvest a scheduled licences biological resource except under and in required accordance with the conditions of a valid hunting or harvesting licence issued pursuant to this Part. 26 Form and 49. (1) The Secretary of state shall, by regulations, conditions of prescribe the type, form of and the terms and licences conditions attaching to hunting or harvesting licences. (2) A hunting or harvesting licence issued under this Part shall be subject to (a) such conditions as may be prescribed by regulation made under this section; and (b) such other conditions as the secretary of state may determine. (3) Nothing in this Part shall be taken as authorising the hunting or harvesting of a biological resource in a Protected Area. (4) Conditions prescribed under this section shall include conditions concerning (a) the species or variety of species or the sex of biological resources which may be hunted or harvested under the licence; (b) the method of hunting or harvesting to be employed with each licence; (c) the number of biological resources of each prescribed specie, variety or sex which may be hunted or harvested; (d) the area or areas in which each licence shall be valid; (e) the time or times of the year during which a specified specie, variety or sex of biological resource may be hunted or harvested; and (f) the appropriate fee payable in respect of each type of licence Applications 50. An application for licence shall be made in for licenes. the prescribed form to the appropriate licensing officer. 27 Power to refuse 51.(1)A licensing officer may, if he or she thinks to issue licence fit and without assigning a reason refuse to issue to a person a hunting or harvesting licence for which an application has been made. (2) A hunting or harvesting licence, in which the use of firearms or weapons for hunting or harvesting is authorized shall not be issued to a person who is not the holder of a valid licence Cap21.01 issued under the Arms and Ammunition Act, which authorizes the person to possess firearms. (3) A licensing officer issuing a hunting or harvesting licence to which subsection (2) applies may require the firearms licence to be produced at the time of issuing the licence. (4) A hunting or harvesting licence shall not be issued to a person unless the licensing officer is satisfied that the person is in possession of, or will, at the time of hunting or harvesting under the licence, be in possession of a suitable firearm or weapon, and is competent and responsible in the use of the firearm or weapon. (5)The licensing officer may require the person to whom subsection (4) applies to undergo any shooting or other tests in order to ascertain whether the person is competent and responsible in the use of the firearm or weapon. Appeals for 52. If a licensing officer may require the person to refusal of or harvesting licensing applicant may, within one month licence after the date of the refusal, appeal to the Secretary of State, whose decision shall be final. Power to cancel 53. The Director may, if he or she thinks fit and or suspend without assigning a reason, suspend or cancel a licence hunting or harvesting licence issued under this Part. Appeals against 54. If the Director suspends or cancels a licence cancellation or under section 53, the licence holder may, within suspension one month of the date of the suspension or 28 cancellation, appeal to the Secretary of State, whose decision shall be final. General 55.(1)A person shall not transfer a hunting or provision for harvesting licence to any other person, and no hunting or person, except the person to whose it is issued, harvesting shall hunt or harvest under the licence. licences (2) The holder of a licence shall carry the licence with him or her at all times when engaged in an activity authorized by the licence, and shall produce it on request to an authorized officer. (3) Subject to the provisions of section 57, relating to the suspension and cancellation of licences, a hunting or harvesting licence shall be valid for the period specified in licence. Defence of life 56. (1)Nothing in this Act shall make it an offence or property for a person to take such measures as may be reasonably necessary to defend his or her person or any other person, or to protect a livestock, crop or other property which he or she has a duty to protect or a legitimate interest in protecting from a direct and and immediate attack by a wild animal, provided that (a) shooting shall be resorted to only where no other alternative measure is possible or feasible; and (b) this section shall not exonerate a person who, at the time of the attack, was committing an offence under this Act or was knowingly acting under circumstances amounting to deliberate provocation or enticement of the wild animal. (2) where a wild animal is killed or wounded under this section, the fact and circumstances shall be reported immediately to the nearest authorized officer, and the animal shall become the property of the Government, to be handed over to the nearest authorized officer for disposal in such manner as the Director of parks and wildlife management may think fit. 29 (3) The burden of proving that a wild animal has been killed or wounded under this section shall lie on the person who has killed or wounded the animal. Duty to seek 57. Except where there is a direct assistance and immediate attack on life or property, where a wild animal threatens injury or otherwise becomes a threat to life, livestock, crop or other property the fact shall be reported to the nearest authorized officer at the earliest practicable moment, and such assistance shall be sought from the officer to deal with wild animal as the Director parks and wildlife management may think fit. Wounded 58. A person who, in any circumstance Animals whatsoever, wounds a wild animal or observes that a wounded wild animal could become dangerous shall as soon as practicable thereafter make a report of the facts and circumstances to the nearest authorized officer of the Director of Parks and Wildlife Management. Hunting or 59. Nothing in this Act shall make it an offence harvesting by for the Director or a duly authorized officer authorised under the direction of the Director to hunt or harvest officer or possess a biological resources, in an area of The Gambia, including a Protected Area, at any time and by any method, for the purposes of (a) education or scientific research; (a) conservation and proper biodiversity management and administration; or (b) prevention of undue suffering of the biological resource. Vermin 60. (1) The Secretary of State may, by Notice published in the Gazette, declare a wild animal to be vermin, either generally or in a specified area for a specified period of time. (2) It is not an offence for a person to hunt without a licence a wild animal declared to be vermin in such area and under conditions as may be specified in the Notice. (3) Nothing in this section shall be taken as authorising the hunting, in a Protected Area, of an animal declared to be vermin. 30 Penalty for 61. A person who hunt or harvests a scheduled illegal biological resource in contravention of this Part hunting or commits an offence and is liable on conviction harvesting to a fine not exceeding fifty thousand dalasis or imprisonment for a term not exceeding two years or to both the fine and imprisonment. PART VII- PROHIBITED METHODS OF HUNTING OR HARVESTING Prohibited 62. (1) A person shall not hunt a wild animal that methods of is obviously immature or is a female accompanied hunting or by its young. harvesting: general provision (2) A person shall not, in connection with hunting, make use or have in his her possession (a) a firearm capable of firing more than one missile as a result of one pressure of the trigger; (b) an explosive, other than the propellant charge in firearm cartridge, or a missile containing an explosive; (c) a fixed stake or similar sharp instrument; (d) a set-gun, pitfall, game pit, trench or similar excavation; (e) a net, fence or an enclosure or similar trap or a mist net, snare or similar contrivance capable of killing or capturing a wild animal; (f) a drug poison poisoned weapon or poisoned bait; or (g) any other method or mean of hunting which may be prohibited in regulations made under this Act. Use of fire 63. A person shall not, in connection with hunting or prohibited harvesting, cause a fire or drive or surround a biological Resources with fire. 31 Hunting at 64.(1) A person shall not, during the hour of darkness, night hunt a wild animal, or use a dazzling light for prohibited the purpose of hunting any wild animal. (2) For purpose of this section, “hour of darkness” means the period between half an hour after sunset and half an hour before sunrise. Driving animal 65. A person shall not drive a wild animal into into water water for the purpose of hunting the animal. Restriction on 66. (1) A person shall not use of vehicles (a) use a motor vehicle, an aircraft, a boat, or any other craft or conveyance for purpose of hunting a wild animal; or (b) discharge a firearm or any other weapon on a wild animal from inside from a point within two hundred yards of a motor vehicle, an aircraft, a boat or any other craft or conveyance. (2) A firearm which is located in or a motor vehicle, an aircraft, a boat or any other craft or conveyance shall, at all times, be unloaded and inside a cover or gun case. Power to 67. The Secretary of State responsible for wildlife suspends or may by Notice published in the Gazette further prohibit (a) impose such additional conditions or restriction in respect of the use of a specified method of hunting or harvesting as he or she may think fit; (b) suspend the operation of a section of this Part in respect of a specified biological resource, for a period of time and for a specified area, other than a Protected Area where he or she considers it necessary for proper biodiversity management or the protection of life or property. Penalties for use 68. (1) Except otherwise provided, a person who of prohibited contravenes a provision of this Part commits hunting or an offence and is liable on conviction to a fine not 32 harvesting exceeding twenty thousand dalasis or imprisonment methods for a term not exceeding two year or to both the fine and imprisonment (2) A person who receives or is found in possession of a scheduled biological resource knowing or having reasonable cause to believe that the biological resource was taken in contravention of the provision of this part commits an offence and is liable on conviction to a fine not exceeding fifty thousand dalasis or imprisonment for a term not exceeding two years, or both fine and imprisonment. PART VIII - SALE OF SCHDULED BIOLOGICAL RESOURECS Commercial 69.(1) A commercial business shall not sell in The sale of Gambia a scheduled biological resource, meat or schedule trophy of schedule biological resource. biological resources prohibited (2) The secretary of state responsible for wildlife may, on the recommendation the concerned Director at any time, by Notice published in the Gazette, suspend the of this Part in operation respect of a specified biological resources for a period of time in the Notice. (3) A commercial business or a person acting on behalf of the business, who sells a schedules biological resources meat or trophy of a scheduled biological resources in contravention of this section commits an offence and is liable on conviction to a fine not exceeding fifty thousand dalasis or imprisonment for term not exceeding two years or to both the fine and imprisonment. PART IX –IMPORT AND EXPORT OF SCHEDULED BIOLOGICAL RESOURECS Import 70. A person shall not import or attempt to permit import into The Gambia a scheduled biological resources, biological meat or trophy of a scheduled biological resources except under a valid impact permit issued by the Director or other officer authorized in writing by the Director and in accordance with the conditions of the import permit; 33 Power to 73. (1) The Director may, on a written issue export application and payment of the prescribed permit fees, issue an export permit if he or she satisfied that (a) the export is not detrimental to the survival of that specie; (b) the schedules biological resource, meat or trophy of the schedule biological resource was lawfully obtained; (c) a schedule biological resource will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment; and (d) an import permit has been granted by the importing country for the scheduled biological resource, meat, or trophy. (2) Any permit issued under this section is valid for such time as is stated in it and shall be subject to such conditions and the payment of such fee as may be prescribed by regulations made under this Act. Permit to be 74. A person who holds a permit or other carried by document issued under this Part shall carry it holders with him or her at all times when exercising any of the rights conferred on him or her permit or document, and produce it on request to an authorized officer. Household 75. The Secretary of State responsible for and personal wildlife may make regulations exempting effects household or personal effects from the requirements of sections to 70 to 74, subject to such conditions as he or she may think appropriate. Penalty for 76. A person who imports or exports, or attempts illegal import to import or export, a schedule biological resource, and export in contravention of the provisions of this Part commits an offence and is liable on conviction to a fine not exceeding fifty thousand dalasis or imprisonment for a term not exceeding two years or to both the fine and imprisonment. 34 PART X – ENFORCEMENT POWERS Power to stop 77. An authorized officer may, without a warrant and inspect (a) stop a person whom he or she sees doing an act or whom he or she has reasonable grounds for believing has done an act for which a licence or permit is required under this Act or regulations made under it; (b) require the person to produce inspection (i) a licence, permit or other document required under this Act or any regulation made under it. (ii) a scheduled biological resources, meat, or trophy of a scheduled biological resources in his or her possession, (iii) a firearm or other weapon, device or material which appears to be connected with hunting or harvesting. Power to 78. (1)If an authorized officer has reasonable search, seize grounds for believing that a person has and arrest committed an offence under this Act or regulation made, he or she may, without a warrant (a) enter and search any land, building or other premises in the occupation of the person, and open and search any baggage or other thing in the possession of the person, but he or she shall not enter or search a dwelling house without warrant; (b) stop, detain and search a motor vehicle boat, an aircraft or other craft, or conveyance which appears to have been used or is being used in the commission made under it; (c) require a passenger in a motor vehicle boat, an aircraft or other craft or conveyance, stopped pursuant to this section, to furnish his or her full address, and the detain of a licence, permit, or other document required under this Act, or any regulations made under it; 35 (d) seize a motor vehicle, boat, an aircraft, a firearm or other weapon, craft, conveyance or device in connection with which the offence appears to have been committed; (e) seize a schedule biological resources, meat or trophy of a schedule biological resources which he or she has reason to believe has been obtained in contravention of this Act or any regulation made under it; (f) arrest the person and use such force as may be reasonably necessary to effect the arrest. (2) An authorized officer who seizes a thing under this section shall, where feasible, give to the person from whom the thing was seized a written receipt signed by the authorized officer, identifying the thing seized and stating the reason for the seizure. (3) A scheduled biological resource seized under this section may be released or destroyed at the discretion of the seizing officer where he or she considers that action necessary in order to prevent undue suffering or for other good and sufficient reasons. (4) A thing seized under this section which is of a perishable nature and which cannot be reasonably conserved, may, on the direction of the Director, be immediately disposed of by sale or otherwise. (5) The proceeds of a sale under subsection (4) shall be held by the Director, pending determination of any proceeding brought in respect of the offence for which the thing was seized and shall then be dealt with by him or her as the court may direct. Legal 79.A person arrested under section 78 shall be proceedings taken as soon as practicable before a court to be dealt with according to law. Prohibition on 80. A person who obstructing authorizes officer (a) without reasonable excuse, fails to produce a thing which he or she is required to produce under section 77 or 78; or (b) resist or willfully obstructs an authorized officer in the exercise of the powers 36 conferred on the officer under this Act or any regulations made under it, commits an offence and is liable on conviction to a fine not exceeding fifty thousand dalasis or imprisonment for a term not exceeding two years or to both the fine and imprisonment. Exemption of 81. Nothing in this Act shall be construed as authorizes rendering an offence under this Act or any regulations officers made under it, while acting in good faith in the course of his or her duty. PART XI-PRESUMPTION, PENALTIES AND FORFELTURES Evidence 82.(1) The possession of a scheduled biological resource, and or meat, or a trophy of a freshly obtained schedule biological presumption resources shall be prime facie evidence against any person accused of contravening a provision of this Act that he or she has hunted or harvested the scheduled biological resource. (2) If a person who hold a valid licence or permit granted under this Act, is found in possession of a scheduled biological resource in excess of the numbers mentioned in the licence or permit, or of a specie not authorized in the licence, he or she shall be presumed unless the contrary is proved, to have hunted or harvesting the scheduled biological resource in contravention of this Act or any regulations made under it. (3) Where a scheduled biological resources is on or in a motor vehicle, boat, an aircraft or other craft or conveyance, or at a camping place, a person who is in any way associated with the motor vehicle, boat, aircraft or other or conveyance, or camping place, shall be presumed, unless the contrary is proved, to be in possession of the scheduled biological resources. (4) A person who is found in possession or in control of a prohibited method or hunting or harvesting as designated under this Act or any regulation made under it, shall be presumed, unless the contrary is proved, to be using the method for the purpose of hunting or harvesting. (5) The burden of proving a fact which would be a defense to a charger of contravening a provision of this Act, or any regulations made under it, is on the person charged. 37 General. 83. (1) A person who is convicted of an offence penalties under this Act or may regulations made under it, in respect of a thing done or omitted to be done for which no other penalty is expressly provided, is liable on conviction, in the case of (a) a first offence, to a fine not exceeding twenty thousand dalasis or imprisonment for a term not exceeding one year or to both the fine and imprisonment; and (b) a second or subsequent offence, to a fine not exceeding fifty thousand dalasis or imprisonment for a term not exceeding two years or to both the fine and imprisonment. (2) On the conviction of a person for an offence under this Act or any regulations made under it, which related to more than one scheduled biological resource or trophy, the court may impose an additional penalty in respect of each scheduled biological resource or trophy after the first, of a fine not exceeding one half of the fine prescribed by this Act for the offence. Offences by 84. Where a body corporate is guilty of an offence bodies corporate under this Act or any regulation made under it, every director, the secretary or any similar officer of the body corporate shall, unless he or she proves that the offence was committed without his or her knowledge or consent, also be liable to be prosecuted, tried, convicted and punished for that offence. Forfeiture 85 (1) where a person is convicted of an offence under this Act or any regulation made under it, the court (a) shall, unless it considers for reasons to be recorded by the court, that it would be unjust to do, order that (i) a scheduled biological resource, meat, trophy, or proceeds of sale of the scheduled biological resource, meat or trophy taken or involved, or (ii) weapon or other means of hunting or harvesting a scheduled biological resources, used in the commission of the offence; and (b) may order that a motor vehicle, boat, an aircraft, or any mechanical means of conveyance used in 38 the commission of the offence, be forfeited to the Government without compensation. (2) A scheduled biological resource, weapon or other thing forfeited under this section shall be disposed of in such manner as the Director may think fit. (3) Where a thing has been seized under this section and the person charged with an offence in relation to that thing has not appeared to answer the charge within one month of the seizure, the court may order the thing to be forfeited to the Government to be disposed of as the Director may think fit. Destruction of 86.(1) Where a person is convicted of an offence game-pits, etc under this Act or any regulations made under it, on conviction in respect of a game-pit, pit-fall, trench or similar excavation, or a fence or an enclosure, or similar other device whatsoever fixed to the ground which the person has unlawfully made, used or had in his her possession for the purpose of hunting or harvesting a schedule biological resource, the imposed, order that the court may, in addition to any other device be destroyed in such manner as the court may specify. (2) An expenditure incurred on account of an order made under subsection (1) shall be recoverable from the person against whom the order was made as a civil debt due to the Government. Effect of 87.Where the holder of a licence or permit conviction issued under this Act or any regulations made under it, is conviction shall, unless the court otherwise directs for reasons to be recorded in writing, have the effect of canceling the licence or permit with effect from the date of conviction. Other laws 88. Nothing under this Act shall relieve a person applicable of an obligation or a requirement imposed by law concerning customs, health arms and ammunitions or other matters. 39 PART XII-BIODIVERSITY AND WILDLIFE COORDINATION MECHANISM Establishment 89. (1) There is hereby established an inter of the Inter-sectoral sectoral Committee on Biodiversity and Committee on Wildlife (in this Part referred to as “the Biodiversity and Biodiversity and Wildlife Committee”) as an Wildlife appendage of the Agriculture and Natural Resources Working Group, which shall consist of at least twelve members, including (a) the Director of Parks and Wildlife Management; (b) the Director of Forestry; (c) the Director of Fisheries; (d) the Director of Agriculture Services; (e) the Director of Livestock Services; (f) the Executive Director of the National Environment Agency; (g) the Director General of the, National Agricultural Research Institute; and (h) such number of person to represent the non-Governmental Organisation Community, farmers and the private sector, as the Secretary of state may determine. (2) The Director of Parks and Wildlife Management shall be the chairperson of the Biodiversity and Wildlife Committee. (3) The secretariat of the Biodiversity and Wildlife Committee shall be at the Biodiversity Unit within the Department of Parks and Wildlife Management. (4) The Biodiversity and wildlife Committee shall establish four main Thematic Technical Advisory Teams of at least seven persons each of experts on agricultural biodiversity, forest biodiversity, fresh water and mariner biodiversity and parks and wildlife biodiversity to advice on issues relating to the conservation and sustainable use of biodiversity and wildlife. Function and 90. (1)The Biodiversity and Wildlife Committee objectives of shall oversee the implantation of the the Biodiversity Convention on biodiversity within the framework of 40 and Wildlife The Gambia Environmental Action Plan. Committee (2) Notwithstanding the generality of subsection (1) the Biodiversity and wildlife Committee shall also (a) preserve and protect biological resources and, maintain the variability of biodiversity and wildlife, in particular, species and ecosystem; (b) maintain the essential ecological process on which the survival of species depends on the various ecosystems; (c) ensure sustainable use of renewable natural resources; and (d) improve the people quality of life and promote the fair and equitable sharing of the benefits arising out of the utilization of genetic resources. (3) In achieving its functions and objectives under this section, the Biodiversity and wildlife Committee shall institute policy measures aimed at (a) incorporating principles and objective of the conservation of biodiversity and wildlife in the planning of environmental policies and in development, at local, Department and national levels; (b) strengthening the institutional capacity of the State and developing control mechanisms for an integrated and efficient management of genetic resources; (c) promoting the people’s full participation in the management, administration and monitoring of the conservation of Biodiversity and wildlife, in support of the management of biological resources; (d) established an appropriate policy, properly updated, for renewable natural resources; 41 (e) developing a management system for a variety of activities for the sustainable use of renewable natural resources; (f) establishing, maintaining and administering a system of protected natural areas for in-situ conservation measures such as gene banks, managed areas, zoos and botanical gardens; (g) implementing measures to conserve species within and outside in-situ conditions, such as protected natural areas, thought ex-situ conservation measures such as gene banks, managed areas, zoos and botanical gardens; (h) developing scientific research and the generation of appropriate technologies; (i) saving and revitalizing traditional knowledge related to the use and management of biological and natural resources; (j) technical and scientific capacity-building and the training of specialist human resources; (k) raising people’s awareness and appreciation of nature; (l) developing environmental education programmes geared towards the general public; (m) structuring a policy for the signing, ratification and implements of international instruments a bilateral, multilateral or global nature, relating to the conservation of biodiversity and wildlife; and (n) developing and implementing regulations for land-use management compatible with the conservation of biodiversity and wildlife. Land-use 91. In the process of land use management, the management Biodiversity and Wildlife Committee shall have 42 and biodiversity due regard to the conservation of biodiversity and and wildlife wildlife, based on the following conservation (a) the maintenance of essential ecological processes and life support system within such limits as not to constitute a risk for the continuity of the natural momentum of ecosystems; (b) the areas necessary for the establishment of protected natural areas and their buffer zones and for the protection of extensive natural forest areas; (c) the planning of human settlement in a way that is compatible with the maintenance of natural processes, to benefit conservation and the people’s quality of life; (d) the optimization of land use in the area currently devoted to farming in order to maintain and enhance their productive capacity; (d) the avoidance of drastic transformation of natural ecosystems, setting priorities for options of use that cause least change; and (e) other general principles provided in this Act. Biodiversity and 92.(1) The Biodiversity and Wildlife Committee wildlife shall, in consultation with the National Agricultural research Research Board, set out a national scientific research plan for the conservation of biodiversity and wildlife and shall formulated policies to facilitate research in the following areas (a) the study of the species of flora and fauna, ecosystems; (b) the management and conservation of economically significant wild species that are threatened or in danger of extinction; (c) the study and conservation of biological 43 resources; (d) the sustainable management of natural and cultivated ecosystems, particularly forests, environmentally sensitive areas; (e) the development and use of appropriate technology for the conservation and sustainable use of biodiversity and wildlife; and (f) other research set out in the National scientific Research Plan for the conservation of biodiversity and wildlife. (2) The Biodiversity and Wildlife Committee shall collaborate with other educational and research institutions to promote and coordinate (a) the preparation and implementation of the National Scientific Research Plan for the conservation of biodiversity and wildlife; (b) the education and training of human resources for the management of the conservation of biodiversity and wildlife, in particular for biotechnology and the management of genetic resources; (c) the development of technologies aimed at increasing the productivity of genetic resources; (d) the participation of local communities in research programmes, combining traditional and scientific knowledge; (e) research applied to the subsistence use of wild flora and fauna resources; and (f) the evaluation of current educational programmes in sciences and technology and their gearing towards conservation objectives. 44 Incentives 93.(1) The Biodiversity Committee shall promote investment access and for the sustainable use of biological resources and for the benefit sharing implementation of plans, using appropriated technologies, whether traditional or alternative, in order to increase the productivity of the resources. (2) The Secretary of State responsible for finance may, with the approval of the President, provide specific incentives of a credit, tax, technical, scientific or other nature, in favour of those who contribute to the conservation of biodiversity and wildlife. (3) The Biodiversity and Wildlife Committee shall determine the criteria and levels for the provision of these incentives provided pursuant to subsection (2) and shall issue the corresponding certification for the purpose of applying for the incentives. (4) where species have been identified as flagship, threatened, endangered or endemic in the country’s nature areas, incentives shall be given for community participation in their protection by means of technical aid, financial support and the certification mentioned in subsection (3). (5)The Biodiversity Committee shall (a) develop principles and guidelines regulation access to biological resources and their products, traditional knowledge, innovations and practices and related benefit sharing arrangements; (b) disseminate information on the principle and guidelines developed under paragraphs (a) to both user and providers of biodiversity; and (c) involve relevant stakeholders, custodians and providers of biodiversity in access to biological resources and related benefit sharing arrangements negotiations and develop appropriate capacity-building measures to guarantee their effective negotiation and implementation of the arrangements 45 PART XIII-MISCELLANCOUS PROVIONS Prescribed 94. The Secretary of State may, from time to time, forms by regulation prescribed forms to be used for the purpose of this Act. Power to 95. The Secretary of State may, make regulations for the make better implementation of the provision and purpose of this regulations Act, and without prejudices to the generality of the foregoing, the regulations may make provision for all or any of the following (a) the specific conditions subject to which a licence, permit, or other authorization may, be granted or issued under this Act, (b) the procedure to be followed in respect of application for a licence, permit or other authorization; (d) the terms and conditions under which biological resources may be hunted or harvested under a hunting or harvesting licencs, the number and sex of each species which may be hunted or harvested either generally or in a specitified area the type of, weapons prohibited or permitted and such other matter in respect of hunting or harvesting as he or she may think fit; (d) limiting of the number of hunting or harvesting licences which may be issued to a person or in respect of a specified species, period or area; (e) the prohibition of the use a specified type or caliber of weapon in the hunting or harvesting of a specified type of biological resources; (f) the declaration of vermin in respect of any species in a specitified period or area; (g) the haring and determination of any appeals to the Secretary of state; (h) the control of the sale of a scheduled biological resources, meat or trophy of a scheduled 46 biological resources within Gambia; (i) the control of import and export of a scheduled biological resources, meat or trophy of a scheduled biological resources into The Gambia; (j) the fees to be paid for anything to be done under this Act or the regulations made under it, and the remission in special cases of a fee payment (k) the prohibition, regulation or control of the hunting or harvesting of scheduled resources, in or near a municipality, residence, factory, quarry, mine, protected area, or on, over or on any road specified in the regulations; (l) the prohibition of methods of hunting or harvesting scheduled biological resources; (m) amending the scheduled to this Act; (n) the proper administration, management and development of protected Areas; (o) educating the public as regards biological resources by means of literature, lectures course of institution, films, radio, and television programmes, tours or such other means as may appear appropriate under the circumstances; and (o) generally, for the purpose of carrying into effect the purposes of this Act. Act to 96. Where there is an inconsistency or a contradiction between Prevail over all this Act and any other enactment relating to the designation, other laws on reservation, de- reservation, or the general admission of a biodiversity and Protected Area or protected land, or on biodiversity and wildlife wildlife, this Act shall prevail. matters Repeal and 97.(1) The Wildlife Conservation Act, 1977 is hereby repealed. savings (2) Notwithstanding subsection (1), all Protected Areas existing at the commencement of this Act shall be deemed to have been designated under and in accordance with this Act. 47 (3) A licence or permit issued under the repealed Act shall be deemed to be issued under this Act but no licenec or permit shall remain valid for a period exceeding six months after the commencement of this Act unless it renewed in accordance with the provision of this Act or regulations made under it SCHEDULE section 2 and 95 SCHEDULED BIOLOGICAL RESOURCES Flagship Species Leopard Sitatunga Hippopotamus West African Manatee Whale Dolphin Green Turtle Monk Seal Roan Antelope Crown Crane Nile Crocodile Dwarf Crocodile Clawless otter Red Colobus Chimpanzee Brown necked Parrot Puff Backed Shrike Spur Wing Goose Abyssinian Ground Horn bill Osprey Batelleur Eagle African Fin foot 48 OBJECTS AND REASONS Biodiversity and Wildlife, resources form an important component of The Gambia biotic assets from both ecological and economic view points. According to available data, there are 99 species of mammals, 49 species reptiles and 30 species of amphibian, making a total of 178 species of wild animals in The Gambia. About 13 species of animal have become extinct over the last few years and a similar number is threatened with extinction. There is no reliable data on the status and distribution of most invertebrates, miro-organism, most lower plants, including bryophytes and petrography as well as higher plants angiosperms and gymnosperms. The Gambia is also endowed with a rich avifauna estimated at total of 552 species. There are 7 wildlife Protected Areas occupying a total land area of 44772 hectares approximately 4.7 percent of the Gambia’s total land area. The overall goal of the biodiversity and wildlife policy is to create a society that sees itself as an integral part of nature, recognizes different life forms, sustainably uses natural resources and maintains for posterity a nurturing and dynamic world rich in biodiversity. To actualize the above goal, The Gambia should have a contemporary legislation on biodiversity and wildlife. Although legislation on Wildlife has existed in The Gambia since 1977, it is generally regarded as outdated, relatively incomplete, generally protective and repressive and over centralized. The Bill therefore seeks to enact a contemporary biodiversity and wildlife legislation that will achieve the goals of government policy in this sector and address the inadequacies of the existing legislation. Susan Waffah Ogoo Secretary of State Fisheries, Natural Resources & the Environment