Wildlife Conservation Act, 1977 (Act No. 1 of 1977)

The..Wildlife Conservation Act, 1977 THE GAMBIA No 1 OF 1977 Assented to this Fo.urteenth 1977. by The- President dav of Februarv, D. K. JAWARA President. AN Acr to provfde tor the conservation anc rational management of wjldlife in The Gambia and for matters connected therewith and inCidental theMto, hunting Permits to be carriedPermits to be carried Household and and personal effects Penalty for illegal import and export Date ef commenee meat. EoaetmeDt. ShorllitJe and extent InterpretatiOtl The ij/i/4/ije Conservation Act, 1977 [ By Or", ] PART I-PRELlMlNARY ENACTED by the Parliament of The Gambia. I.-THIS ACT may be cited as the Wildlife Conservation Act, 1977t and shall come into force on such day or date'S as the Minister' notice in the Gazette, appoint. 2. In this Act, unless the context otherwise requires: "animal" means any vertebrate animal, including any mammal, bird, reptile, and amphibian, and the egg or young thereof, but does not include any fish; "authorized officer" means any wildlife officer,any police officer, any forestry inspectorate officer,and any other officerauthorized by the Director to carry out the provisions of this' Act or an)' regulations made thereunder; "bird licence" means a hunting licence issued by any licensing officer under this Act, authorizing the hunting of any specified wild birds; "commercial business" means any shop, store, restaurant, or other fixed place of business open to the public tor the purpose of supplying for reward any prepared food or other item ofsale; "Director" means the Director of Wildlife Conservation and Management; "export" includes export of any wild animal, meat, or trophy of any wild animal that has been previously imported; "general licenc~" means a hu~~ing licencei~sued by an~ licensinl officerunder this Act, authorizing the hunting orany WIld anImal specified therein; "hunt" means: (a) kill, wound, capture, or shoot at; (b) wilfully disturb, molest, or take by any method a nest or eggs of any wild animal; (c) follow, lie in wait for, or search for with the intent to kill, wound, capture, or shoot at; (d) doing any other act immediately directed at killing,wound ing, or capturing any wild animal; "land" includes land covered by sea or other water; "licensing officer" means the Director, and any other person authorized by him in writing to issue licencesunder this Act; "local sanctuary" means any area of land set aside in accordance with the provisions of section 6 of this Act, for the protection of characteristic wildlife and especially bird communities, or for the protection of particularly threatened animal or plant species, together with the habitats essential for their survival; JlA. :t ) The Wildlife Conservation Act. 1977 "meat" means the fat, blood, flesh Or tissue of any wild animal, whether fresh or dried, pickled or otherwise preserved or processed; "Minister" means the Mini~ter for the time being responsible for wildlife matters; "national park" means any area of land set aside in accordance with the provisions of section 5 of this Act. for the propagation, protection, conservation and management of vegetation and wild animals as well as for the protection of sites, land-scapes or geological formations of particular scientific or aesthetic value, for the benefit and enjoyment of the general public, and in which hunting of wild animals, destruction or collection of plants, human settlements and certain other human activities disruptive of wildlife and the natural environment are prohibited or strictly controlled in accordance with the provisions of Part III of this Act; "national reserve" meana any area ofland set aside in accordance with the provisions of section 6 of this Act, for the propagation, protection, conservation and management of vegetation or wild animals, and the associated habitats, and in which hunting and certainother human activities shall be prohibited in accordance with'Part ill of this Act; ."open,season" means any period of time declared as such bv the ~inister under section 13 of this Act; . "protected area" means any area ofland set aside by the Govern ment for purposes of preserving and managing the habitat and ecology thereof, including any forest park or protected· forest, any national park, national reserve, or local sanctuary, and Abuko Nature Reserve; "sell" means sell, barter, exchange, offer or expose for sale, or transfer; "trophy" means any wild animal, whether alive or dead. or any durable portion whether processed, added to or changed, which is recognizableasa durable portion. and any nest, egg, or eggshell; . "vermin" means any animal which is declared by the Minister to be vermin for purposesof section 27 of this Act; "wild animal" means any animal that is not a domesticated animal; "wildlife officer" means any officer appointed under scsctIon 3 of this Act. PART II-ADMINISTRATION ..3. (1) The Public Service Commission may appoint a Director of Director and ~e'~nServation and ¥anagement and such otherwildlifeofficers as other wild may be necessary to carry into effect the purposes and provisions of this Ufo o&lcm ki. No.1] 6 The Wildlife Conservation Act, 1977 lien. Wildlife ma naJCl1lent· plans (2) The Director may, in writing, delegate or assign any of his functions under this Act to such other authorized officers as he may think fit. (3) The Director shall, subject to the provisions of this Act and to any general or specific directions of the Minister, have the general superin tendence of all matters within the province of this Act. 4. (1) The Director shall develop and keep under continual review plans for the rational management of wildlife in The Gambia, taking into account national, regional, and international aspects of wildlife manage ment. (2) Each wildlife management plan shall be designed to ensure that wildlife is rationally managed and conserved so as to yield to The Gambia in general, and to individual areas in particular, optimum returns in terms of ecological, cultural, aesthetic and scientific gains as well as such economic gains as are incident to proper wildlife management. PART III-NATIONAL PARKS, NATIONAL RESERVES, AND LOCAL SANCTUARIES (2) No national reserve or local sanctuary shall be abolished or alienated, whether in whole or in part, nor shall its boundaries be altered in any way except by Order of the Minister published in the Gazette. Establish-. 5. (I) The Minister may undertake surveys of areas of great natural ~nt of na- beauty or of major importance for wildlife resources, and may, if he tiona! parks considers it to be in the national interest, propose the establishment of national parks in such areas. (2) The declaration of any area to be a national park shall be Order of the Minister to be approved by Parliament. (3) No national park shall be abolished or alienated, whether in whole or in part, nor shall its boundaries be altered in any. way except by Order of the Minister to be approved by Parliament. Establish- 6. (I) The Minister may, by Order published in the Gazette, declare mcntofnatio- any area to be a national reserve or local sanctuary. nal reserves and local sanctuaries Hunting pro hibited Power to re suJate 7. (1) No person shall hunt any animal in any national park, or national reserve, or within such area adjacent to any national park or national reserve as the Director may designate. (2) No person shall bring into any national park (lr national re serve any weapon, ammunition, explosive, trap, snare, or poison, or be in possession ofany such article within any national park or national reserve. 8. The Minister may, under section 58, make regulations generally for the efficient control and management of any national park, national reserve, or local sanctuary.and may in particular and without prejudice to the generality of the foregoing, make regulations for aU or any·C;fthe'fol lowing matters: The Wildlife Conserration Act. 1977 (a) conditions under which any person, motor vehicle, boat aircraft, or other craf] or conveyance, or animalmay enter into, travel through or be kept within any national park, national reserve, or local sanctuary; (b) fees to bepaid for entry into or (orany services or amenities provided by any national park, national reserve, or local sanctuary; (c) prohibition or strict control over hunting in or near any local sanctuary; (tf) prohibition or control on cutting, clearing, burning, or otherwise damaging or removing any tree, bush, plant, or other vegetation or any part thereof from any national park, national reserve, or localsanctuary; (e) prohibition or control of setting fires within any national park, national reserve, or local sanctuary; (j) prohibition of human settlements and certainother human activities disruptive of wildlife and the natural environment in anynationalpark, nationalreserve, or localsanctuary. 9. (I) The Directorshall control, manageand maintain all national MIJIaIC parks,nationalreserves, and local sanctuaries. meut mpoa· sibifities (2) The Director may prescribe such conditions, in addition to thoseprescribed by regulation by the Minister. as may be necessary to carryout his responsibilities under this section. 10. The establishment or extension of any national park, national Acquisition reserve, or local sanctuary shall be deemed to be a publicpurpose within orland the meaning of the lands (Banjul and Kombo SaintMary) Act and the Lands(Provinces) Act. and the procedures specified in thoseActs shall be followed for acquisition of land or any interest therein andfor settlement of claims in connection withsuchestablishment or extension. 11. The area of land described in Schedule I attached hereto, and Abuko Reo commonly known by the name of Abuko Nature Reserve, is hereby serve declared to be a nationalreserve. PART IV-CONTROL OF HUNTING 12. Save asotherwise providedunder this Act, any wildanimalfound WUd animalt in The Gambia, whether or not originating in The Gambia, shall be a protected protected animal. 13. (1) The Minister may, where he is satisfied that pursuant to any Power to. wildlife management plan developed under section 4 of this Act it is open desirable so to do, declare an open seasonduringwhich it maybe lawful to .... bunt anyspecies of wild animalspecified in suchdeclaration. No.1 J 8 The Wildlife. OOnservationAet,. 1977 [ tm'. Huntingli eenees re quired Classcsof hunting li cences (2) Any declaration made under thIs section shall be by notice 4a the Gazette,and may make differentprovision in respect ofdifferentareas and different species of wild animals: Providedthat no open season sbaU apply to any protected area. 14. Save as is otherwise provided under this Act, no person shall hunt any wild animal except under and in accordancewith the conditions of a valid hunting licenceissuedpursuant to this Part. 15. The folloWing classes ofhuntiog licences may be issuedunderthis Part: (a)gcnerallicence; (6) bird licence. Formand 16. (1) The Minister shall, by regulation, prescribe the form ofand conditions of the terms and conditions attaching to each clasa of hunting licence. UCCDCCS (2) Any hunting licenceissuedunder thi. Part shall be subjectto: (0) such conditions as may be prescribed by regulation uader this section; and (b) such other conditions as the Director may prescribed: Provided that nothing in thisPart shall be taken as authorKia, mebunting of any wild animal in any protected area. (3) Any conditions prescribed under this section shall include, but shall not be limited to, conditions conc:erning: (0) the species, or variety of species of the SC:l( of wild animal which may be hunted uuder each classofliccnce; (b) the method of hunting to be employedwith each licence; (c) the number of wild animals of each prescribed species, variety, or sex which may be hunted: (d) the area or areas in which each licence shan be valid; (e) the time or times of the yeaJ: durlng-whicb anys~ species, variety or sex of wildanimal may behunted; (j) the appropriate fee payable in respect of each claa 01 licence. . Applicatioas 17. Applications for licencesshallbe made in the prescribed j ]Il to torliceac:es the appropriate licensingofficer. Power to • 18. (1) Any licensing offiCer may ifhe thinksfit and without ISlip fuse to issue inS! any reason therefor. refuse to issue to any person a hunting licence for li~ which application has been. made. No.1 ] The Wildlife Conservation Act, 1977 ( 1977. 9 (2) No hunting licence in which the use of firearms for hunting is authorized shall be issued to any person who is not the holder of a valid licence issued under the Arms and Ammunition Act. authorizing such person to possess firearms, and the officer issuing any hunting licence may require such firearms licence to be produced at the time of issuing any hunting licence. (3) No hunting licence shall be issued to any person unless the licensing officer is satisfied that such person is in possession of, or will at the time of hunting under such licence be in possession of. a suitable fire arm, an-1 is competent and responsible in the use of such firearm, and the: licensing officer may require such person to'undergo any shooting or other tests in order to ascertain whether such person is so competent and responsible. 19. In the event that any licensing officer refuses to issue any hunting Appeals foc licence under section 18 of this Act, the applicant may within one month refusal of li after the date of the refusal appeal to the Minister, whose decision win be cence final. 20. The Director may, if he thinks fit and without assigning any Power to ~n reason therefor, suspend or cancel any hunting licence issued under this eel or sus;' Part. pend licence 21. In the event that the Director suspends or cancels any licence under section 20 of this Act, the licence holder may within one month of the date of such suspension or cancellation appeal to the Minister, whose decision will be final. 22. (I) No person shall transfer any hunting licence to any other person, and no person, except the person to whom it is issued, shall hunt under any such licence. (2) Each licence holder shall carry the licence with him at all times when engaged in any activity authorized by the licence, and shall produce it on request to any authorized officer. Appeals for cancellatioa or suspeasioa General' pro visiona for hunting li cences (3) Subject to the provisions of section 20 relating to suspension and cancellation of licences, any hunting licence shall be valid for the period specified in such licence. 23. (I) Nothing in this Act shall make it an offence for any person to Defenceof take such measures as may be reasonably necessary to defend his person life or pro or nnv ot'ier persons, or to protect any livestock. crops. or other property perty which he has a duty to protect or a legitimate interest in protecting, from a direct and immediate attack by any wild animal: Provided that: (a) shooting shall be resorted to only where no other alternative is possible or feasible; and (b) this section shall not exonerate any person who, at the time of the attack. was committing a-i offence against this Act or was knowingly acting under-circumstances amounting to deliberate provocation or enticement of the wild animal. .... f) The Wild/ife Conservation Aa, 1977 ( 1m,• 10 Weunded aafmals (2) Where any wild animal is killed or wounded in accordance with the provisions of this section, the fact and circumstances shall be reported immediately to the nearest authorized officer, and such 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 may think fit. (3) The burden of proving that any wild animal has been killed Or wounded in accordance with the provisions of this section shall lie upon the person who has killed or wounded such animal. Duty te seek 24. Except where there is a direct and immediate attack upon life or IIIistuce property, where any wild animal threatens injury or otherwise becomes a pest to life, livestock, crops or other property, such fact shall bereported to the nearest authorized officer at the earliest practicable moment and assis tance shall be sought from such officer to deal with the wild aniinal as the Director may think fit. 25. Any person who, in any circumstances whatsoever, wounds any wild animal or observes any wounded wild animal where such animal could become dangerous, shall as soon as practicable thereafter make a report of the facts and circumstances to the Director, or nearest authorized officer. Huntiq by alltllori-s oIiem Vermin 26. Nothing in this Act shall make it an offence for the Director or any duly authorized officer under the direction of the Director to hunt or possess any wild animal, in any area ofThe Gambia, including any protect ed area, at any time and by any method, for the purposes of: (0) education or scientific research; (b) conservation and proper wildlife management and adminis tration; (c) public safety or the protection of livestock, crops or other property; (d) prevention of undue suffering by any such animal. 27. (I) The Director may, by notice in the Gazette, declare any wild animal to bevermin, either generally or in.any specified area for any speci fied period of time. (2) It shall not be an offence for any person to hunt without a licence any wild animal declared to be vermin in such area and under such conditions as may be specified in the notice: Provided that nothing in this section shall be taken as authorizing the hunting of such animals in any protected area. PcGalty for 28. Any person who hunts any wild animal in contravention of the iUepl kunt- provisions of this Part shall be guilty of an offence and shall be liable to a III fine not exceeding 750 Dalasis or to imprisonment for a term not exceeding 1 year, or to both. The Wildlife CoIt#rvation Act. 1977 ( 1.17., 11 PART V-PROHIBITED METHODS OF HUNTING 29. (1) No person shall hunt any wild animal that is obviously Prohibited immature or is a female accompanied by its young. methods of huntina. ee (2) No person shall, in connection with hunting. make. use. or neral provi have in his possession any of the following:- sions (a) any firearm capable of firing more, than one missile as a result of one pressure of the trigger; (b) any explosive. other than the propellant charge in firearms cartridges, or any missile containing explosive; (c) any fixed stake or similar sharp instrument; (d) any set-gun. pitfall. game-pit, trench or similar excavation; (e)any net. fence or enclosure. or similar trap. or any mist net. snare.or similar contrivance capable of killiu, or capturing any wild animal; (g) any drugs. poisons, poisoned weapons, or poisoned baits; (h) any other methods of hunting which may beprohibited in any regulations made under this Act. 30. No person shall. in connection with hunting, cause any fire or Use of fire drive or surround any wild animal with fire. prollibited 31. (1) No person shall, during the houn of darkness, hunt any wild Huati.,.t animal, or use any dazzling light for the purpose of hunting any wild nj,ht prolli animal. bited (2) For purposes of this section, "hours of darkness" means the period between one-half hour after sunset and one half-hour before sun rise. 32. No person shall drive any wild animal into water for the purpose Drivine ani of hunting such animal. . malsinto wa. tel' 33. (1) No person shall:- Restriction on use of ve (a) use a motor vehicle, aircraft. boat. or other craft or conve- hicles yance for purposes of hunting any wild animal; (b) discharge a firearm or other weapon at any wild animal from inside or a point within two hundred yards of any motor vehicle, aircraft. boat. or other craft or conveyance. (2) Any firearm which is located in or upon any motor vehicle, aircraft. boat. or other craft or conveyance shall, at all times. be unloaded and insidea cover or gun case. No.1] 12 The Wildlife Conservation Act, 1977 [ 1877. Power to sus pene or fur ther prohibit Penalties for use of prohi bited hunting methods Commercial sale prohi bited Import per mit Power to is sue import permit 34. The Minister may, by notice in the Gazette: (0) impose such additional conditions or restrictions in respect of the use of any specified methods of hunting as he may think fit; (b) suspend the operation of any section of this Part in respect of any specified wild animal, for any period of time aad (q;r any specified area other than a protected area, where hie considers it necessary for, proper wildlife management-or the protection of life or property. 35. (I) Any person who acts in contravention of any provisions of this Part shall be guilty ofan offence and shall be liable to a fine not exceed ing 750 Dalasis or to imprisonment for a term not exceeding one year, OII' to both. (2) Any person who receives or is found in possession of any wild animal knowing or having reasonable cause to believe that such animal was taken in contravention of the provisions of this Part shall, unless the contrary is proved, be guilty of an offence and shall be liable to a fine not exceeding 750 Dalasis or to imprisonment for a term not exceeding one year, or to both. PART VI-SALE OF WILD ANIMALS 36.-(1) No commercial business shall sell in The Gambia any wild animal. meat or trophy ofany wild animal with the exception of meat or trophy of any bush pig that has been legally hunted: Provided that the Minister, in consultation with the Director, ma:y at any time, by notice in the Gazette, suspend the operation of this Part in respect of any specified wild animal for any period of time specified in such notice. (2) Any commercial business, or person acting on behalf of such business, which sells any wild animal. meat or trophy of any wild animal in contravention of this section shall be guilty of an offence and shall be liable to a fine not exceeding 500 Dalasis or to imprisonment for a term not exceeding nine months, or to both. PARTVTI-IMPORT AND EXPORT OF WILD ANIMALS 37. No person shall import or attempt to import into The Gambia any wild animal. meat or trophy of any wild animal, except under a valid import permit issued by the Director in writing on his behalf, and in accordance with the conditions of such import permit. 38. (I) The Director may. upon written application therefor and payment of the prescribed fees. issue an import permit provided that he is satisfied; (a) that such import will be for purposes which are not detri mental to the survival of the species involved; NO. l' I The Wildlife Consenation· Act, 1977 (1m 13 (b) that the proposed recipient of any living wild animal is suitably equipped to house and care for such animal; and (c) that the wild animal, meat, or trophy of any wild animal has been lawfully exportedfromthecountryof export, (2) My permit issued. under this section shall be valid for such timeas is therein expressed and shallbesubjectto suchconditions and the payment of such fees as the Director may prescribe. or as may be pres cribed byany regulations madeunder thisAct. 39.•No person shall export or attempt to export any wild animal, Export per meat or trophy of any wild animal except under a. valid export permit mit issued by the Director or otherofficer authorized by the Directorin writing on his behalf,and in accordance with the conditons ofsuchexportpermit. 40. (1) The Director may.· upon written application therefor and Power &0) .. payment of the prescribed fees, issue an exportpermit provided that he is sue 0lq)0I1 satisfied:- 'permits (a) that suc4exportwill not De acmmental to the survival of . that species; (b) that suchwildanimal, meat or trophy of such wild animal was lawfully obtained; (c) thatanylivingwildanimal willbe SO preparedand shipped as to minimize the riskofinjury, damage to health,or cruel !reatment;and (d) that an import permit has been granted by the importing statefor suchwildanimal,meat,or trophy. (2) Any permit issued under this section shall be valid for such time as is therein expressed and shallbesubjectto suchconditions and the payment of such fees as the Director may prescribe. oras may be pres eribed by any regulations made under this Act. 41. Anyperson holding a permitor other document issued under this Permits tobe Part shallcarrysuchpermitor document with him at all times when exer-.c:arriecl cising any of the rights conferred by it, and shall produceit on requuest to any authorized officer. 42. The Minister maymakeregulations exempting household or per- HouseboJd sonaleffectsfrom the requirements of sections 37to 41 of this Act subject and perIOII& suchconditions as hemaythink appropriate. effects 43. Any penon who imports or exports, or attempts to import or ~tY for export, anywild animal, mea4 or trophy of any wildanimalin contraven- iUeial~ tionof the provisions of this Pari shallbea.uilty oran.offence and shallbe ao4aport '.. liable to a fiDe DOt cxcecdiq sao DaJasia or to impriaonmcnt for a~ Dotexa:cctinc 9 1DOIIdIs, orto both. No.1] 14 Powers to stop and in spect [ 1877. The Wildlife Conservation Act, 1977 PART VIll-ENFORCEMENT POWERS An authorized officer may, without a warrant: (a) stop any person whom he seesdoing any act or whom he has reasonable grounds for believing has done any act for which a licence or permit is required under this Act, or any regulations made thereunder; (b) require that such person produce for inspection: (i) any licence, permit or other document required under this Act or any regulations made there under; (ii) any wild animal, meat, or trophy of any wild animal in the possession of such person; (iii) any firearm, or other weapon, device, or ma terial which appears to be connected with hunt ing. Powers to . 45.. (1) If any authorized officer has reasonable grounds for believing h . that any person has committed an offenceazainst this Act, or any regula-scare , seIZe, ~ and arrest tions made thereunder, he may, without a warrant: (a) enter and search any land, building, or other premises in the occupation of such person, and open and search any bag gage or other thing in the possessionof such person: Provided that no dwelling house shall be entered or searched without a warrant. (b) stop, detain, and search any motor vehicle, boat, aircraft, or other craft, or conveyance which appears to have been used or is being used in the commission of any offence under this Act, or any regulations made thereunder; (c) require any passenger of any motor vehicle, boat, aircraft, or other craft or conveyance stopped pursuant to this sec tion to furnish his full name, address, and the details ofany licence, permit, or other document required under this Act, or any regulations made thereunder; (d) seize any motor vehicle. boat, aircraft, firearm or other weapon, craft, conveyance or device in connection with which any offenceappears to have been committed against this Act or any regulations made thereunder; (e) seize any wild animal, meat, or trophy of any wild animal which he has reason to believeis being possessed in contra vention of this Act any regulations made thereunder; (j).arrest any person he has reasonable grounds to believe hal committed such offence, and use such force as may hi; reasonably necessary to dect such arrest. No.1) he Wildlife Conservation Act, 1977 ( tm. 15 (2)Anyauthorizedofficer who seizes any thingunder the provisions of this section shall, where feasible, give to the person from whom such thing was seized a written receipt signed by the authorized officer, iden tifyingthe thing seized and stating the reason for such seizure. (3) Any liveanimalseized in accorda~ce w~th the provi~i~ns ofthis sectionmay be released or destroyed at the discretionof the seizmg officer where .he considers such action necessary in order to prevent undue suffering or for othergood and sufficient reasons. {4) Anythingseized in accordance with the provisions of this sec tion whichis of a perishablenature and which cannot be reasonablypre served, may. upon the direction qf the Director, be immediately disposed of by saleor otherwise: Provided that in the event of a sale under this subsection the pro ceeds thereof shall be held by the Director pending determination of any proceeding brought in respectof the offence for whichthe thing wasseized and shallthereuponbe dealt with by him as the Court maydirect. 46. Any person arrested under the provisions of section 45 shall be Lesal pro taken as soon as practicable before a court to be dealt with according to ceedings the law. .fl. A~y person who: (a) without reasonable excuse, fails to produce anythingwhich Prohibition he is required to produce under sections 44 and 45; on obstruc (b) resists or wilfully obstructs any authorized officer in the :'a;:oriz exercise of the powers conferred upon such officer by this ° rs Act, or any regulations made thereunder; shall be guilty of an offence and shall be liable to a fine not exceeding500 Dalasisor to imprisonment fora term not exceeding nine months, or to both. . 48~ Any autnorized officer shall, in the exercise of.the powersconferr- Authoriz ed upon him under this Act, have in his possession and shall produce on eel odk:crs to requestsuch identification or other document as evidence of his beingan declare office authorizedofficer for the purposes of this Act. 49. Nothing in this Act shan beconstrued as rendering any authorized Exemption of officer guilty of an offence against this Act, or any regulations made there- authorized under,whileactingin good faith in the course of hisduty as such offi-:-er. officen PART IX-PRESUMPTIONS,PENALTIES, FORFEITURES SO. (1) The possession of any wild animal, or meat, or trophy of any Evidence and freshly killedwildanimal shall beprima facieevidence against any person presump accused of contravening any provision of this Act that he has hunted such lions animal. (2)1£ any person, being the holder of.a valid licence or permit granted under this Act, is found in possession of wildanimals in excess of the numbers mentioned in such licence or permit, or of any species not authorizedtherein,he shall be presumed,unless the contrary is proved, to have hunted suchanimalsin contravenpon of the provisions of this Act, or any regulations made thereunder. 19771977 The WiltlJi/4 Conservation Act, 1977 (II) may order that any motor vehicle, boat, aircraft, or any aietbanieal mean~ of conveyance used in the commission of such offence be forfeited to the Government without compensation. (2) Any article or animal ferfeited under this section shall be dis posedofin such manneras the Director maythink tit. (3) Whereanythinghas been seized under the provisions of section 45 of this Act, or any regulations made under this Act, and the person charged with an offence in relation thereto has not appear to answersuch char~ 'Within one month of such seizure, the courtmay order that such thinS shaU he forfeited to the Government to bedisposedof as the Director may think fit. II 54. Where any personis convictedofan offence under this Act, or any Destruction regulationsmade thereunder, in respect of any game-pit, pitfall, trench, or of pme-pits, similarexcavation, or any fenceor enclosure,or any other device whatso- ete., on con ever llXed to the ground which such person has unlawfully made, used or viction had illhispossession for the pllrpose of hunting, the court may, in addition to any other penalty imposed, order that such excavation or other device be destroyedin suchmanneras the court mayspecify, and any expenditure incurred on account of such order shall be recoverable from such person asa CIvil debtdue 10 theGovernment, 55. Where the holder of any' license or permit issued under this Act, Meet of eon or any regalationsmadethereunder. is convictedof an offence against this viction Act, suchconvictionshalt,unlessthe COUTt otherwise directsfor reasonsto to be recorded in writing, have the effect of cancelling such licence, or permitwith effect from the date of conviction. . . 56. Nothing under this Act shall relieve any person, business, or Other laws corporation of any obligation or requirement imposed by law concerning applicable customs,health, arms and ammunitions, or other matters. PART X-GENERAL PROVISIONS 51, ~ Minister may,from time to time. by regulation prescribe Presafbed forms to be used for the purposes of this Act, and may, in like manner forms amend, vary, or revokeany such prescribedforms. • 5a. TJv;. Ministermaymake regulationsJor the better implementatiOll Powerto of the proVlSions and purposes of this Act, and without p"judice to the make rqula generality of the foregoing, such regulationsmay makeprovisionfor all or tions any of thefollowing: (Q) the specific conditions subject to which any licence, pennit. or other authorization may 'be granted or issuedUnder·thll A«~ . (b) the ~ure to be fOllowed in n;speet of any applicatiOll for suclllicence; permit, ()r authoriiation; . Savinss The Wildlife Conservation ~ Act, 1977 (c) the terms and conditions-under which wild animals may be hunted under any hunting licence issued under this Act, the numbers and sex of each species which may be so hunted either generally or in any specifiedarea, the type of weapons prohibited Orpermitted and such other matters in respect of hunting as he may think fit; (d) the limiting of the number of hunting licenceswhich may be issued to any person or in respect of any specified species, period or area; (e) the prohibition of the use ofany specifiedtype-or calibre of weapon in the hunting of any specified type of wild animal or bird; if) the declaration of vermin in respect of any specifiedperiod or area; (g) the hearing and determination of appeals to the Minister; (k) the control of the sale ofany wild animal, meat, or trophy of any wild animal within The Gambia: (i) the control of the import and export of any wild animal, meat, or trophy of 'any wild animal into or from The Gambia; U) the fees to be.paid for anything to be done under this Act or any regulations made thereunder, and the remission in special cases ofany fees payable under this Act; (k) the prohibition, regulation, or control of the hunting of wildanimals, in or near any municipality, residence, factory, quarry, mine, protected area, or upon, over, or on any road specifiedin such regulations; (I) the prohibition of methods of hunting any wild animals; (m) the proper administration, management anddevelopment of any areas established .as national parks, national. re serves or local sanctuaries; (n) the furtherance of knowledge as regards wildlife by means of literature, lectures, courses of instruction, films, radio, radio programmes, tours or such other means as·mayap pear appropriate under the circumstances. 59. (1) Any licence, permit, or other authorization issued under the provisions of the Wild Animals, Birds and Fish Preservation Act, Chapter 194; or any subsidiary legislation, which immediately before commencement of this Act was of force and effect, shall, subject to the provisions of this Act, continue.to have force and effect, and shall on such Commencement be deemed to have been issued under this Act. far as they certafDsales by JDd/SCDCS exempt 6. (1) Notwithstanding any provisions of these Regulations to the contrar:Y# any indigene hunter may sell meat ofany wild animal which that hunter has legally hunted where such meat is sold only to an indigene for purposes of personal consumption: (2) For the purpose of this Regulation: "indigene" means any person who i~· (a) a citizen of the Gambia; and (b) a member of some tribe indigenous to The Gambia; and (c) an inhabitant of a village.in the Provinces. A. B. N'Jm Vice President