Game Regulations No. 35 of 1935

Title and commence ment Definit ions Provisions relating to all licences THE GAME REGULATIONS, 1935 (I935 L.R.O. No. 35) In exercise of the powers conferred by Section 24 of the Preservation of Wild Animals Ordinance, I935 the Civil Secretary with the consent of the Governor General in Council hereby makes the following regulations: PART I: PRELIMINARY I. These regulations may be cited as the Game Regula tions, I935 and shall come into force on the first day of January, I936. 2. In these regulations: " Ordinance" means the Preservation of Wild Animals Ordinance I935; " Ordinary Licence" means a licence issued under Section 6 of the Ordinance; " Permit" means a permit issued under Section 5 of the Ordinance; "Special Licence" means a licence issued under Section 5 of the Ordinance. PART II: PROVISIONS RELATING TO LICENCES AND PERMITS 3. (r) Every ordinary and special licence shall be personal to the person named therein and shall not be trans ferable and the holder shall at all times while hunting carry his licence with him or have it readily available and shall produce the same upon the demand of any Government servant authorised thereto by the Governor or the Minister of Animal Resources. (2) If an ordinary or special licence be lost or des troyed the licence holder shall forthwith apply to the authority which issued the licence for a duplicate. Such duplicate shall be issued by such authority on being satisfied that the original has been lost or destroyed and on payment of a fee of P.T. 25. 12 (3) Every holder of an ordinary or special licence shall keep a record of all protected animals killed or captured by him giving particulars of the date and place of the killing or capture of each animal and the sex thereof and shall produce such record whenever called upon to do so by the Minister of Animal Resources or any Governor or any person duly authorised to do so. A signed copy of such record or a nil return shall be delivered by the licence holder to the authority which issued the licence or to the Minister of Animal Resources immediately on the expiration of the licence or prior to the departure of the licence holder from the Sudan whichever occurs first. 4. (I) Ordinary licences shall be divided into six classes, Form and conditions namely classes A, B, C, D, E, and F, and shall be in of ordinary the following form:- licenees " Ordinary licence issued under the Preservation of Wild Animals Ordinance, 1935. Name Description Residence is hereby granted an ordinary licence of class .... and is authorised to hunt and kill such numbers of such species of animals and in such localities as are set out in the Schedule to the Game Regulations 1935 in respect of this class licence. Minister o] Animal Resources (2) The species of animals and the number of each species which may be hunted and killed under each class of ordinary licence shall be as set out in the Schedule to these regulations. (3) Any Ordinary licence shall be issued by the Minister of Animal Resources or any Governor or the Commissioner, Port Sudan or the District Commissioner, Wadi HaIfa on payment of the fees set out in paragraph (4) of this regulation provided that the issue of an ordinary licence may be refused to any person who is not in possession of a suitable weapon or has been guilty of a breach of the provisions of the Ordinance or of these regulations or of the Game Preservation Laws of any other country. 13 (4) The fees payable in respect of each class of ordinary licence shall be at the following rates provided that in special case the Governor-General may direct the issue of a complimentary ordinary licence for which no fee shall be charged : Full Reduced is. is . Class A available for the whole of the Sudan 60 6 Class B available throughout the Sudan north of line drawn east and west through Malakal .. 30 3 Class C available throughout the whole of the Sudan 6 1 Class D available for Northern Kordofan, Northern Darfur and Dongola 30 3 Class E available for the Red Sea Hills 20 2 Class F Daily licence I (5) The reduced-rate shall be payable in the following cases : (a) Officials and Officers of the Sudan Govern ment. (b) Repealed. (c) Officers of the Uganda Garrison and Officials and Officers of the Uganda Administration. (d) Persons ordinarily resident in the Sudan subject to the approval of the Minister of Interior or the Governor of the Province in which such persons reside. (6) Licences for which the full rate shall have been paid shall be valid for one year from the date of issue; licences for which the reduced rate shall have been paid shall expire on the 31st December of the year in which they were issued; licences of Class F shall be valid for one day named therein only. (7) No person shall hold. two ordinary licences at the same time. The holder of an ordinary licence of one class may be permitted by the Minister of Animal Resources to exchange it for a licence of another class subject to such conditions and to the payment of such extra fee as the Minister of Animal Resources having regard to the number of animals killed under the first licence, shall think proper. (8) If the holder of an ordinary licence shall have killed any animals in excess of the number which under such licence he was entitled to kill, then, without prejudice to any other penalty to which he may thereby have rendered himself liable the Minister of Animal Resources may direct that on the issue of any subsequent licence to him such excess shall be deducted from the number of animals which he would otherwise be entitled to kill under such subsequent licence. 5· (1) Every special licence shall be in the following Form and form : conditions of special licences Special Licence issued under section 5 of the Preservation of Wild Animals Ordinance. 1935. Name . . . . . . . . . . . . . . . . .. Description . Residence (being the holder of a . class ordinary licence) is hereby granted permission during the currency of such licence to hunt and kill the following animals in the area or areas set below: Sex Species and/or age Number Area MINISTER OF ANIMAL RESOGRCES (2) The grant of a special licence shall be at the discretion of the Minister of Animal Resources who need assign no reason for any refusal. (3) The holder of a special licence shall not hunt or kill any animal included in Schedule II 15 to the Ordinance except in the area or areas specified in his special licence and in such area or areas shall hunt or kill only those species of animals in Schedule II which are named in that licence, and only animals of the description and to the number therein specified in respect of such species. The holder of a special licence shall not capture any animal included in Schedule II to the Ordinance, even when it is named in the licence, unless the licence is specially endorsed to permit him to do so. As well as the areas also the descriptions, species and numbers of animals, to be included in a special licence, and also any endorsement of permission to capture shall be at the absolute discretion of the Minister of Animal Resources. (4) The wounding of any animal named in a special licence shall for the purpose of the number permitted to be killed be treated as the killing of that animal and the holder of the licence shall forthwith report in writing to the Game and Fisheries Office and District Commissioner in whose area the animal is wounded, the circumstances in details of every such wounding and in the case of wounding of an elephant shall also inform the local Chief of the area. (5) (a) A special licence shall be issued only to a person holding an ordinary licence of class A or B, or to a Sudanese holding a class C licence and hunting within the Province in which he is resident for the time being. (b) The fee payable for the issue of a special licence shall be determined from time to time by the Minister of Finance and Economics on the advice of the Minister of Animal Resources. (c) The holder of a special licence shall pay the sum of L.S. 15 in respect of each elephant killed. 16 (6) The holder of a special licence shall report forth with in writing to the Game and Fisheries Office and District Commissioner in the area, the killing' of any animal or elephant in respect of which a fee is payable, under paragraph (5) of this regulation and shall pay the amount of such fee into the District Chest where the killing took place to the credit of the Game and Fisheries Department and inform the Game and Fisheries Office in the area of the place, the number and date of the receivable order. The holder of a special licence shall produce immediately after killing the elephant its tusk together with his special licence for registration pur poses and complete the formalities with the District Authorities in whose district the elephant has been killed. 6 (I) Every permit issued under section 5 of the Form and Ordinance shall be in the following form:- conditions of permit Permit to Chief or local Government authority issued under section 5 of the Preser vation of Wild Animals Ordinance, 1935. Chief . Local Government Authority . is hereby authorised to grant permission to persons within his/its jurisdiction during the current year to hunt or capture without firearms within the area hereinafter specified and subject to the provisions of the Preserva tion of Wild Animals Ordinance, 1935, elephant and/or giraffe to the maximum of the number specified against each: provided that any person who kills an elephant under this permit shall within 21 days from the date of killing produce the tusks thereof to the District Commissioner within whose district the elephant was killed and pay the sum of is. 5 to the credit of the Department of Game and Fisheries in respect of each such elephant and the District Commissioner shall retain the tusks until the sum has been paid. Purchase and sale of parts of protected animals Marking of ivory Area to which the permit applies: . Sex Number Species and/or age Governor, ............... .. . . .. . . .Province. I consent. Minister, Animal Resources. Date (2) The Chief of Local Government Authority to whom a permit is issued under section 5 of the Preservation of Wild Animals Ordinance, 1935 shall send to the Governor annually a return of the number of elephants and giraffes killed or captured under this permit. 7. Cancelled. 8. Cancelled. 9. Cancelled. PART: IV MISCELLANEOUS 10. The purchase and sale of the undermentioned parts of the following protected animals is hereby declared permissible : Elephant... any part except tusks of less than 5 kilos weight, parts of such tusks or articles made from such tusks. Hippopotamus any part Ostrich feathers only Leopard any part II. (1) All unmarked elephant tusks, however acquired, shall be forthwith produced to the nearest District Commis sioner who will mark each tusk or separate part of a tusk with the Government and District mark and a serial number. In the case of tusks which are the property of the Govern ment the District Commissioner shall retain and forward the same to the Minister of Animal Resources to be disposed of for the benefit of the Government. IS (2) Every District Commissioner to whom any tusk is produced under the provisions of paragraph (I) of this regulation shall send a return quarterly to the Minister of Animal Resources, giving particulars of the weight of tusks produced, number allotted and circumstances in which the tusk was acquired, and 'whether returned to the licence or permit holder or retained on behalf of the Government. 12. Any person who commits a breach of any of the Trial of provisions of these regulations shall be guilty of an offence offences and may be tried by the court of a magistrate of the second class or any higher court summarily or non-summarily and such courts shall have power to impose the maximum penalty provided for a contravention of these regulations notwith standing that such penalty exceeds their ordinary powers. 13. Any person who commits a breach of the provisions Penalties of these regulations or abets the commission of such an offence shall be liable to a fine not exceeding is. 50 or to imprison ment for a term not exceeding three months or to both such fine and imprisonment. 16 THE SCHEDULE Number of each species that may be killed on each licence A. R C. D. E. F. Avail- Available Avail- Available Avail- Avail able for Sudan able for North- able able for north of for ern for for NAME OF ANIMAL whole line drawn whole Kordofan, Red one Sudan east and Sudan Northern Sea day west Darfur & Hills only through Dongola Malakal Bushbuok (other than Giant) 3 2 2 Bush Pig 2 1 Cob (all species) 6 3 6 Dikdik 2 2 1 I 2 Duiker (Abyssinian Blue) ... 3 2 2 Duiker (Red Flanked) 1 Duiker(Red) 1 Duiker (Blue) 1 Eland (Lesser) 1 Gazelle (Grant) 4t Gazelle (Mongalla) ... 6 4 Gazelle (Rufifrons) 4 4 4 4 Gazelle (Sommering's) 6 6 4 4 Itt Gazelle (Dockcas or Isabella) 8 6 8 4 4 1 Hartebeest (all species except 'I'ora) 6 2 3 1 Hippopotamus 1 Ibex ... 2 2 2 Klipspringer 1 1 1 Kudu (Greater) 2* 2* 2 1 Kudu (Lesser) 2 Leopard 4 2 2 2 2 Oribi ... 6 4 4 Oryx .. , 1 Reedbuck (Chanler's) 1 Reedbuck (all other species) 6 4 2 Roan Antelope 3 2 1 Sheep Wild ... 2 2 Tiang... 8 4 4 4 1 Warthog 4 2 1 2 2 1 Waterbuck 8 4 4 1 Zebra ... 1 tEast of Boya Hills only. tt Or one Gazelle (Rufifrons). *Only one in Red Sea Hills and Equatoria Province. THE GAME REGULATIONS (DELEGATION OF POWERS) ORDER. 1960 (1960 L.R.O. No. 12) In pursuance of Section 15 of the Interpretation and General Clauses Ordinance, 1955 the Minister of Animal Resources hereby delegates his powers under The Game Regulations to the Director, Ministry of Animal Resources. 20