Conservation of Wild Life Act (67:01)

L.R.O. LAWS OF TRINIDAD AND TOBAGO Act 16 of 1958 Amended by 14 of 1963 *31 of 1980 *See Note on Validation on page 2 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–6 .. 7–20 .. 21–22 . 23–28 .. CONSERVATION OF WILD LIFE ACT CHAPTER 67:01 UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 2 Chap. 67:01 Conservation of Wild Life LAWS OF TRINIDAD AND TOBAGO Index of Subsidiary Legislation Page Conservation of Wild Life Regulations (Act No. 16 of 1958) … … 20 Conservation of Wild Life (Prohibition Against Hunting During Certain Periods) Regulations (LN 116/2002)… … … … … … 28 Note on Omissions (Appointment of Game Wardens and Honorary Game Wardens) The appointments of Game Wardens and Honorary Game Wardens have been omitted. (See the following Legal Notices: Nos. 49/1965; 135/1984; 203/2000; 204/2000; 194/2003; 69/2006). Note on Validation The Act of this Chapter was re-enacted with retrospective effect and all acts done under it validated by Act No. 31 of 1980. Note on Legal Notice No. 352/2012 Amendments effected to the Conservation of Wild Life Regulations by LN 352/2012 took effect from 1st October 2012. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Conservation of Wild Life Chap. 67:01 3 LAWS OF TRINIDAD AND TOBAGO L.R.O. CHAPTER 67:01 CONSERVATION OF WILD LIFE ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Game Sanctuaries. 4. Hunting, etc., in Game Sanctuary. 5. Hunting protected animals. 6. Hunting, etc., in State Lands. 7. Hunting prohibited in close season. 8. Establishment and composition of Wild Life Conservation Committee. 9. Residents’ Licences. 10. Special Game Licence in certain cases. 11. Vermin. 12. Powers of search and seizure. 13. Persons found offending. 14. Arrest without warrant. 15. Punishment for assaulting or resisting Game Warden. 16. Right of Game Warden to conduct case. 17. Acceptance by Game Warden of compensation for offence. 18. Exportation of animals. 19. Customs laws to apply to animals. 20. Penalties, fees, etc., to be paid to Comptroller of Accounts. 21. Offences punishable summarily. 22. Penalties where no express penalty. 23. Appointment of Game Wardens and Honorary Game Wardens. 24. Regulations. FIRST SCHEDULE. SECOND SCHEDULE. THIRD SCHEDULE. FOURTH SCHEDULE. FIFTH SCHEDULE. SIXTH SCHEDULE. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 4 Chap. 67:01 Conservation of Wild Life LAWS OF TRINIDAD AND TOBAGO CHAPTER 67:01 CONSERVATION OF WILD LIFE ACT An Act to make better provision for the Conservation of Wild Animal Life in Trinidad and Tobago. [15TH MARCH 1963] 1. This Act may be cited as the Conservation of Wild Life Act. 2. In this Act— “animal” means any mammal, bird or reptile and includes the eggs, carcase, meat, nest or young thereof; but does not include any domesticated animal or any animal which has been lawfully kept in captivity; “Chief Game Warden” means the Conservator of Forests and includes any officer of the Forest Department authorised by him to act on his behalf; “close season” means the period of the year specified in the Fifth Schedule; “Forest Reserve” means a Forest Reserve declared as such by the Land Regulations for the time being in force; “Game Sanctuary” means any area declared to be a Game Sanctuary in accordance with section 3; “Game Warden” means any person declared to be a Game Warden in accordance with section 23(1) and includes an Honorary Game Warden; “gun” includes an air-gun, blow-pipe, set gun, sling-shot and any article from which any shot, bullet or other missile may be discharged; “hunt” means killing, wounding, pursuing, capturing or molesting by any method, any animal, and also attempting to do any of such things; and includes any act immediately directed at the killing or capture of any animal; “protected animal” means any animal not specified or mentioned in the Second or Third Schedule; 16 of 1958. Commencement. 49/1963. Short title. Interpretation. [14 of 1963]. Fifth Schedule. Second and Third Schedules. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Conservation of Wild Life Chap. 67:01 5 LAWS OF TRINIDAD AND TOBAGO L.R.O. “State Lands” includes— (a) the waste or vacant lands of the State within Trinidad and Tobago; and (b) all lands vested in the State whether by forfeiture, purchase or exchange and not dedicated to the public. 3. (1) The areas, the boundaries of which are set forth in the First Schedule, are hereby declared to be Game Sanctuaries. (2) The Chief Game Warden with the approval of the Minister may by Notification amend the First Schedule by adding thereto or deleting therefrom any area specified in such notice and may alter the limits and boundaries of any Game Sanctuary. 4. (1) Except as provided by sections 9 and 10 any person who— (a) hunts or is a member of a party engaged in hunting any animal in a Game Sanctuary; or (b) is found within a Game Sanctuary under circumstances showing that he was hunting any animal; or (c) takes any dog or knowingly permits any dog to enter or be in a Game Sanctuary for the purpose of hunting; or (d) carries in a Game Sanctuary any gun or other weapon or device capable of being used to hunt animals, is liable to a fine of one thousand dollars or to imprisonment for three months. (2) Any person found in a Game Sanctuary in possession of any animal shall be deemed to have hunted such animal in such Game Sanctuary unless the contrary be proved, the onus of which proof shall lie upon the person charged. 5. (1) Except as provided by section 10, no person shall hunt or shall be a member of a party engaged in hunting any protected animal. Game Sanctuaries. First Schedule. Hunting, etc., in Game Sanctuary. Hunting protected animals. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 6 Chap. 67:01 Conservation of Wild Life LAWS OF TRINIDAD AND TOBAGO (2) Any person who— (a) contravenes subsection (1); or (b) has in his possession the whole or any part of a protected animal, is liable to a fine of one thousand dollars or to imprisonment for three months. 6. (1) Except as provided by sections 9 and 10 no person shall— (a) hunt or be a member of a party engaged in hunting any animal specified in the Second Schedule, on State Lands; or (b) be found within State Lands under circumstances showing that he was hunting any such animal; or (c) take or knowingly permit any dog to enter or be on State Lands; or (d) carry in State Lands any gun or other weapon or device capable of being used to hunt such animals, save in accordance with the terms and conditions of a licence issued by the Chief Game Warden (in this Act referred to as a State Game Licence). (2) A State Game Licence shall be in the prescribed form, shall be valid for the period specified therein, and shall not be transferable. (3) Any person who obtains a State Game Licence issued under this section, and is found on State Lands in circumstances showing that he is hunting, shall on demand produce such licence for inspection by a Game Warden or constable, and in default thereof is liable to a fine of one hundred dollars. (4) Any person who contravenes subsection (1) is liable to a fine of four hundred dollars or to imprisonment for three months and to be disqualified from holding or obtaining a State Game Licence for such period as the Magistrate thinks fit. Hunting, etc., in State Lands. Second Schedule. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Conservation of Wild Life Chap. 67:01 7 LAWS OF TRINIDAD AND TOBAGO L.R.O. (5) Any person who, while disqualified from holding or obtaining a State Game Licence under subsection (4)— (a) hunts or is a member of a party engaged in hunting on State Lands; or (b) obtains or attempts to obtain a State Game Licence, is liable to a fine of two thousand dollars or to imprisonment for six months. (6) A person convicted of an offence under subsection (5) shall, without prejudice to the power of the Court to order a longer period of disqualification, be disqualified for a period of not less than twelve months from the date of the conviction from holding or obtaining a State Game Licence, and on a second conviction for a like offence shall be permanently disqualified from holding or obtaining a State Game Licence. (7) Any Game Warden may arrest without warrant any person found committing an offence under subsection (5). 7. (1) Except as provided under subsection (2) and section 10, no person shall hunt or be a member of a party engaged in hunting any animal during the close season. (2) The Chief Game Warden may, on such terms and conditions as he may think fit, on application made by the owner or custodian of dogs normally used for hunting, in writing, authorise such owner or custodian to exercise such dogs by pursuing agouti and deer in lands other than Forest Reserves and Game Sanctuaries during the close season. (3) No person authorised to exercise dogs in the manner described in subsection (2) shall, while engaged in such pursuit, have in his possession any gun or other weapon or device for the capture or killing of any animal. (4) Any person who contravenes subsection (1) or subsection (3) is liable to a fine of two thousand dollars or to imprisonment for six months. Hunting prohibited in close season. [14 of 1963]. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 8 Chap. 67:01 Conservation of Wild Life LAWS OF TRINIDAD AND TOBAGO 8. (1) There shall be established a Committee to be called the Wild Life Conservation Committee. The Committee shall consist of the Conservator of Forests as Chairman and not more than nine other members to be appointed by the Minister as follows: (a) one member to represent amateur hunters in Trinidad and Tobago; (b) one member to represent field naturalists in Trinidad and Tobago; (c) one member to represent the Trinidad and Tobago Police Service; (d) one member to represent the Agricultural Society of Trinidad and Tobago; (e) one member to represent the Zoological Society of Trinidad and Tobago; (f) one member to represent the interests of Cage Birds fanciers; (g) one member being a duly qualified ornithologist; (h) one member being a duly qualified zoologist; (i) one member to represent the Minister. (2) Every member of the Committee shall, unless his appointment is sooner determined by the Minister or he sooner resigns by notice in writing to the Minister, or he sooner dies, hold office for three years from the date of his appointment but shall be eligible for reappointment from time to time. (3) The Minister may appoint any person to act in the place of the Chairman or any other member of the Committee in the case of the absence or inability to act for such Chairman or other member. (4) The Committee may act notwithstanding any vacancy in the number of members constituting the Committee. (5) The Committee shall have power to regulate its own procedure. (6) The Committee shall act in an advisory capacity to the Minister on all matters pertaining to the conservation of wild life in Trinidad and Tobago. Establishment and composition of Wild Life Conservation Committee. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Conservation of Wild Life Chap. 67:01 9 LAWS OF TRINIDAD AND TOBAGO L.R.O. 9. (1) The Chief Game Warden may, on application made in writing, grant to any person who is ordinarily resident within State Lands or a Game Sanctuary, a licence (to be known as a Resident’s Licence) to keep dogs, guns and other weapons or devices capable of being used to hunt animals while such person is so resident. (2) A Resident’s Licence shall be in the prescribed form and shall be valid for the period specified therein and shall not be transferable. 10. (1) The Chief Game Warden may upon such conditions as he thinks fit, grant licences (in this Act referred to as Special Game Licences) which shall entitle the holder to hunt any animal specified therein for any of the following purposes: (a) scientific research; (b) collection of specimens for zoological gardens, museums and similar institutions; (c) the eradication of animals declared to be vermin by section 11. (2) A Special Game Licence issued for any of the purposes mentioned in subsection (1) may authorise the hunting of any animal, whether in a Game Sanctuary or not. (3) A Special Game Licence granted under subsection (1) shall be in the form set forth in the Fourth Schedule and shall state the species, number and sex of each animal which may be hunted and shall be limited as regards the period and area within which the hunting is to take place. (4) The Chief Game Warden may suspend or cancel any Special Game Licence granted under subsection (1). 11. (1) The animals mentioned in the Third Schedule are hereby declared to be vermin. (2) Subject to sections 4 and 6, the owner or occupier of any lands, his agent or servant may, without licence of any kind, on such lands hunt and destroy any animal mentioned in the Third Schedule whether during the close season or not. Residents’ Licences. Special Game Licence in certain cases. Fourth Schedule. Vermin. Third Schedule. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 10 Chap. 67:01 Conservation of Wild Life LAWS OF TRINIDAD AND TOBAGO 12. (1) If any Game Warden or Constable has reasonable grounds for suspecting that any person has contravened any of the provisions of this Act he may— (a) require any such person to produce for inspection any animal in his possession or any licence or other document issued to him under this Act; (b) stop and search any person and any vehicle, boat or other conveyance in the possession of such person or in which such person happens to be, and open and search any baggage or other thing in his possession; (c) enter and search any tent, building or land in the occupation of any such person; but no dwelling house shall be entered without a warrant except in the presence and with the consent of the owner or occupier thereof; (d) seize any animal in the possession of any such person; (e) seize all guns, dogs, boats, vehicles or other equipment which he has cause to suspect was used in connection with any such contravention. (2) When any person is convicted of an offence under this Act, any animal in respect of which the offence has been committed, and all guns, dogs, boats, vehicles and other equipment used in the commission of such offence are liable to be forfeited to the State by order of the Magistrate or to be otherwise dealt with as to the Magistrate may seem just. Such forfeiture may be in addition to any other penalty or compensation prescribed for such offences. (3) Where the carcase or meat of an animal is seized under this section, the Magistrate before whom such animal is brought, shall, if in his opinion it cannot be adequately preserved, forthwith order the same to be tendered as an exhibit, and shall thereafter make such order with respect to its disposal as may seem to him just and reasonable. 13. Where any person is found committing an offence against this Act it shall be lawful for any other person to require such offender to give his name and place of abode, and in case the Powers of search and seizure. Persons found offending. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Conservation of Wild Life Chap. 67:01 11 LAWS OF TRINIDAD AND TOBAGO L.R.O. offender does not give his name or place of abode, or gives a name or place of abode that is false, such offender shall, in addition to any other penalty to which he may be liable under this Act, be liable to a fine of one hundred dollars or to imprisonment for thirty days. 14. Any Game Warden may arrest without warrant any person found committing an offence against this Act whose name or place of abode is unknown to him, and may detain such person at a Police Station until the name and place of abode of such person can be ascertained. 15. Any person who assaults, obstructs or resists any Game Warden in the execution of his duty is liable to a fine of one thousand dollars or to imprisonment for three months. 16. Where any Game Warden makes a complaint against any person for an offence against this Act, any other Game Warden may appear on his behalf before a Magistrate who is hearing the said complaint and shall have the same privileges as to addressing the said Magistrate and as to examining any witnesses as if he were the complainant. 17. (1) The Minister may, by writing under his hand, empower a Game Warden— (a) to accept from any person admitting the commission of any offence against this Act, the fine for which does not exceed two hundred dollars, a sum of money not exceeding two hundred dollars by way of compensation for such offence; and (b) when any property has been seized as liable to forfeiture, to release the same on payment of the value thereof as estimated by the Game Warden. (2) A Game Warden acting under subsection (1) shall issue to the person admitting an offence a receipt for all monies paid by way of compensation or value. Arrest without warrant. Punishment for assaulting or resisting Game Warden. Right of Game Warden to conduct case. Acceptance by Game Warden of compensation for offence. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 12 Chap. 67:01 Conservation of Wild Life LAWS OF TRINIDAD AND TOBAGO (3) On payment of such sum of money, or such value or both, as the case may be, to the Game Warden, such person, if in custody shall be discharged, the property if seized shall be released, and no other proceedings shall be taken against such person or property in respect of the offence. (4) All money received under this section shall be paid to the Comptroller of Accounts who shall place the same to the credit of the general revenue. 18. (1) No animal shall be exported or carried coastwise without the written permission of the Chief Game Warden. (2) Any person who exports or brings any animal to any quay or other place to be shipped for exportation or to be carried coastwise without the written permission of the Chief Game Warden is liable to a fine of two thousand dollars or to imprisonment for six months in addition to any other penalty to which he may be liable under this Act. 19. All provisions of the Customs Act relating to uncustomed and prohibited goods and proceedings for breaches of the law relating thereto, shall apply as fully and effectually to animals prohibited to be exported or carried coastwise under and by virtue of that Act. 20. Subject to section 21 all penalties, compensation and other monies recovered under this Act and all fees received in respect of licences granted or issued under this Act shall be paid to the Comptroller of Accounts who shall place the same to the credit of the general revenue. 21. All offences against this Act shall be punishable on summary conviction before a Magistrate who may direct that any portion not exceeding one-half of the penalty imposed shall be paid and awarded to any person other than a Game Warden or Constable who had given information which led to the conviction of the offender, provided that such person be not an accessory. 22. Any person guilty of an offence against this Act for which no penalty is expressly provided is liable to a fine of two hundred dollars. Exportation of animals. Customs laws to apply to animals. Ch. 78:01. Penalties, fees, etc., to be paid to Comptroller of Accounts. Offences punishable summarily. Penalties where no express penalty. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Conservation of Wild Life Chap. 67:01 13 LAWS OF TRINIDAD AND TOBAGO L.R.O. 23. (1) The holders of the offices mentioned in the Sixth Schedule are hereby declared to be Game Wardens for all the purposes of this Act. (2) The Minister may from time to time by notice published in the Gazette appoint fit and proper persons to be Honorary Game Wardens for the purpose of assisting in the carrying out of this Act. (3) An Honorary Game Warden shall have all the powers conferred by this Act upon a Game Warden. 24. (1) The Minister may make Regulations— (a) altering and amending the Second or Third Schedule by adding thereto, or removing therefrom, the name of any animal and may apply any such alteration to the whole of Trinidad and Tobago or confine it to any district or other area thereof; (b) prescribing conditions as to the numbers or sex of any animal which may be hunted in lands other than Game Sanctuaries generally or in any such lands in particular; (c) prohibiting or limiting at any time for the whole of Trinidad and Tobago or any part thereof any method employed for hunting any animal which appears to him unduly destructive or improper; (d) prescribing forms and making provisions for the issue of, and fees for, licences under this Act; (e) restricting or imposing conditions for the keeping of any animals in captivity; (f) prohibiting the sale or purchase of the meat of any animal; (g) providing generally for the better carrying out of the objects of this Act; (h) prescribing penalties not exceeding two hundred dollars on summary conviction for the contravention of any regulation. (2) The Conservation of Wild Life Regulations (formerly contained in a Schedule to this Act) shall be deemed to be made under subsection (1) and may be amended or revoked under this section. Appointment of Game Wardens and Honorary Game Wardens. Sixth Schedule. Regulations. Second and Third Schedules. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 14 Chap. 67:01 Conservation of Wild Life LAWS OF TRINIDAD AND TOBAGO FIRST SCHEDULE GAME SANCTUARIES 1. Northern Range Game Sanctuary Portion B—The Boundaries are those of Portion B of the Northern Range Reserve as proclaimed in Gazette, Proclamation No. 8 of 1922 dated 2nd February 1922. 2. Valencia Game Sanctuary Boundaries— N.—Valencia Road. E.—Oropouche River, exclusive of alienated land to the West thereof. S.—Quare River, exclusive of alienated lands to the North thereof. W.—Oropouche Vega Road, exclusive of alienated lands to the East thereof. 3. Central Range Game Sanctuary Boundaries— N.—Boundary of Central Range Reserve from pillar 4A to Cumuto Road. E.—Cumuto Road and Brasso-Tamana Road. S.—Brasso-Tamana Road. W.—Boundary of Central Range Reserve from pillar 4A to Brasso-Tamana Road. 4. Trinity Hills Game Sanctuary Boundaries— N.—Northern boundary of the Moruga Reserve eastwards to the private road of the Trinidad Leaseholds Limited. E.—Trinidad Leaseholds Limited private road from where it enters Moruga Reserve until it reaches the eastern boundary of the Trinity Hills Reserve, thence the Reserve boundary to the sea. S.—The sea. W.—The eastern boundary of Cat’s Hill Reserve, from the northern boundary of the Moruga Reserve, a line joining the south-eastern corner of the Reserve to the north-western corner of the Trinity Hills Reserve thence the western boundary of the Trinity Hills Reserve and its prolongation to the sea. Section 3. [141/1968]. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Conservation of Wild Life Chap. 67:01 15 LAWS OF TRINIDAD AND TOBAGO L.R.O. 5. Southern Watershed Game Sanctuary Boundaries— N.—The northern boundary of the Southern Watershed Reserve. E.—The Morne Diable Road and its continuation to the sea. S.—The sea. W.—The Quinam Road and its continuation to the sea. 6. Little Tobago Game Sanctuary The whole island. 7. Saut d’Eau Game Sanctuary The whole island of Saut d’Eau also called Maravaca, situate near the North Coast of Trinidad. 8. Soldado Rock Game Sanctuary in the Serpent’s Mouth, off Icacos Point. 9. Caroni Swamp Game Sanctuary Boundaries— N.—By the southern bank of the Blue River from the western bank of No. 2 (North and South) drain to the western bank of No. 4 (North and South) drain. E.—By the western bank of No. 2 (North and South) drain. S.—By a line demarcated by stakes running from the western bank of No. 4 (North and South) drain to the western bank of No. 2 (North and South) drain. W.—By the western bank of No. 4 (North and South) drain. 10. Kronstadt Island Game Sanctuary The whole island. 11. Morne L ’Enfer Game Sanctuary Boundaries— N.—By the Forest Reserve Main Road. E.—By Bungalow and No. 20 Road. S.—By Blue Basin and No. 31 Road. W.—By New Camp Road. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 16 Chap. 67:01 Conservation of Wild Life LAWS OF TRINIDAD AND TOBAGO 12. Bush Bush Wild Life Sanctuary Comprising 3,840 acres of the Nariva Swamp and bounded as follows: All that area of the Nariva Swamp comprising 3,840 acres and bounded as follows: On the East from a point located 4,000 lks. from the 45 m.m. on the Manzanilla Road, on a bearing of approximately 255 degrees (having co-ordinates based on the Cassini Soldner Projection of 305,500 lks. N. and 592,770 E.) thence by a cut and staked line running in a direction of bearing 165 degrees for a distance of 11/2 miles. Thence on the South, by a cut and staked line running in a direction of 255 degrees for a distance of 4 miles; Thence on the West, by a cut and staked line running in a direction of 345 degrees for a distance of 11/2 miles; Thence on the North, by a cut and staked line running in a direction of 75 degrees for a distance of 4 miles to the point of starting. * This Schedule has been amended by the following GNs.: 178/1971, 143/1972, 126/1973, 170/1973, 195/1973, 42/1974, 158/1974, 159/1974, 125/1975, 126/1975, 140/1975, 150/1977, 157/1978, 194/1978. *SECOND SCHEDULE PART I Animals— Alligator or Cayman Lizards Agouti Armadillo (Tattoo) Deer (in Trinidad only) Lappe Quenk (Peccary or Wild Hog) PART II Birds— Amazona Amazonica Amazonica, Lim or Common Amazon Parrot Charadriidae—All birds belonging to the Family Charadriidae or Plovers (including Petit Collier, Gros Collier, Pluviers) Corbeau, Common Town (Coragyps) Section 6. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Conservation of Wild Life Chap. 67:01 17 LAWS OF TRINIDAD AND TOBAGO L.R.O. Cormorants (Phalacrocorax olivaceus olivaceus and Phala crocorax auritus) Cranes (Ardea heredias and Ardea cocoi) Ducks, Ouikiki (Dendrocygna autumnalis) Ducks, Wild (except Bahama Pintails) (Poecilonetta bahamensis, Anas Bahamensis, Dafila acuta, Dafila bahamensis), Mus-covy (Cairina moschata) Heron, Blackcrowned Night or Crabier Batali (Nycticorax nycticorax) Heron, Boatbilled or Crabier Bec Plat (Cochlearius) Heron, Yellowcrowned Night or Crabier a Croissant (Nyctanassa violacea) Rallidae—All birds belonging to the Family Rallidae (Coots, Rails, Waterfowl and their allies) Ramier or pigeon (all kinds) Scolopacidae—All birds belonging to the Family Scolopacidae or Snipes and Sandpipers (Snipes, Curlews, Sandpipers, White-wings, Yellow-legs, Godwits, Sanderlings). PART III CAGE BIRDS Cage birds which may be captured or kept captive by cage Chicki-Chong or Bullfinch (Oryzoborous angloensis) Cravat (Tanagra trinitatis) Finch, Yellow-bellied Parakeet (Ferpus passerinus) Picoplat (Spermophila intermedia) Semp (Tanagra violacea) Ring Neck Chat or Nun (Spermophila bouvronides) THIRD SCHEDULE List of animals declared as vermin 1. Bats 2.Mapipire Balsin or Fer de Lance (Bothrops atrox) 3.Mapipire Zanana or Bushmaster (Lanchesis muta) Regulation 5. Section 11. [126/1973]. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 18 Chap. 67:01 Conservation of Wild Life LAWS OF TRINIDAD AND TOBAGO 4.Mice 5.Mongoose 6. Rats 7. Snakes, Coral (Micrurus spp.) 8. Squirrels 9. Yellow-tails (Ostinops decumanus) 10. Manicou (Opossum) 11. Green Parrot FOURTH SCHEDULE FORM OF SPECIAL GAME LICENCE THE CONSERVATION OF WILD LIFE ACT Licence is hereby granted to ..................of ...................................................... ........................................................................... to hunt the following animals: in the ........................ Game Sanctuary or ........................................................ from the ................. day of ......................... to the ........................day of.......... ..........................., 20 ....... FIFTH SCHEDULE CLOSE SEASON Period Places (address) (describe area of State Lands) *delete where inapplicable. (species, number and sex) *(occupation or profession) Chief Game Warden Throughout Trinidad and Tobago. From 1st April to 30th September. Section 10. Section 2. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Conservation of Wild Life Chap. 67:01 19 LAWS OF TRINIDAD AND TOBAGO L.R.O. SIXTH SCHEDULE Assistant Conservators of Forests Forest Supervisors Forest Officers Wardens Assistant Wardens Ward Officers, as follows: *County of St. George The Principal Ward Officer, Arima The Ward Officer, San Rafael The Ward Officer, St. Joseph and Tunapuna The Ward Officer, Arouca-Caura The Principal Ward Officer, Blanchisseuse The Ward Officer, Brasso Seco The Ward Officer, San Juan-Santa Cruz The Ward Officer, St. Ann’s-Maraval The Ward Officer, Diego Martin-Mucurapo The Ward Officer, Carenage-Chaguaramas *Eastern Counties The Ward Officer, Valencia The Principal Ward Officer, Biche The Ward Officer, Grande Riviere *Counties of Victoria and St. Patrick The Principal Ward Officer, Moruga The Ward Officer, Siparia *Ward of Tobago The Ward Officer, Roxborough Section 23. *See Act No. 21 of 1990. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 20 Chap. 67:01 Conservation of Wild Life LAWS OF TRINIDAD AND TOBAGO SUBSIDIARY LEGISLATION CONSERVATION OF WILD LIFE REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation. 2. Form of licence. 3. Licence fee. 4. Restrictions on capturing birds. 4A. (Revoked by LN 117/2002). 4B. 5. Prohibition against lights. 6. Close season. 7. Hunting in Forest Reserve. 8. Special authority necessary. 9. Protected animals. 10. Selling protected animal. 11. Powers of Game Warden or Constable. 12. Magistrate’s power under regulation 11. 13. Form of acknowledgment. 14. Clipping wings of protected birds. 15. Permits for protected birds. FIRST SCHEDULE. SECOND SCHEDULE. } UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Conservation of Wild Life Chap. 67:01 21 LAWS OF TRINIDAD AND TOBAGO L.R.O. [Subsidiary] *CONSERVATION OF WILD LIFE REGULATIONS deemed to be made under section 24 1. These Regulations may be cited as the Conservation of Wild Life Regulations. 2. (1) State Game Licences issued under section 6 of the Act shall— (a) be in the form set out in the First Schedule to these Regulations; (b) be issued by Game Wardens authorised by the Minister for the purpose; (c) be issued separately, each of a different colour, in respect of each of the following animals, up to a maximum of three State Game Licences per person: Alligator or Cayman; Lizards; Agouti; Armadillo (Tattoo); Deer (in Trinidad only); Lappe; Quenk (Peccary or Wild Hog); Waterfowl, that is to say, the birds listed in Part II of the Second Schedule to the Act with the exception of— (i) Amazona Amazonica Amazonica, Lim or Common Amazon Parrot; (ii) Corbeau, Common Town (Coragyps); (iii) Ramier or Pigeon (all kinds); Cage Birds, that is to say, the birds listed in Part III of the Second Schedule to the Act; (d) expire on the last day of February in every year; (e) on expiry, be returned to a Game Warden at the office of the Forestry Division at which the licences were issued. Citation. Form of licence. [41/1991 133/1992 47/1996 11/2000 117/2002 †352/2012]. *Amended by LNs. 216/1986; 175/1987; 156/1989; 41/1991; 133/1992; 47/1996; 195/1997; 11/2000; 117/2002 and 352/2012. †See Note on page 2. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 22 Chap. 67:01 Conservation of Wild Life LAWS OF TRINIDAD AND TOBAGO [Subsidiary] Conservation of Wild Life Regulations (2) No person shall have in his possession or knowingly cause to be issued to him, four or more State Game Licences. (3) The Mandatory Data Form forming part of the State Game Licence shall be correctly completed by the licensee and returned to the Forestry Division formerly known as the Forest Department, on or before the 31st day of May in every year. (4) Any person who contravenes the provisions of subregulation (2) or (3) is liable on summary conviction to a fine of two hundred dollars. 3. Subject to section 6 of the Act there shall be paid for each licence issued the sum of twenty dollars. 4. (1) No person shall capture any bird specified in Part III of the Second Schedule to the Act by any means or method other than by a trap cage, the dimensions of which shall be not less than one cubic foot for each such captured bird. (2) No person shall keep captive any birds specified in Part III of the Second Schedule to the Act except in a cage the minimum size of which shall be not less than one cubic foot for each such captive bird. (3) No person shall use bird-lime or any similar substance or means for the purpose of capturing any bird specified in Part III of the Second Schedule to the Act. (4) Any person who contravenes subregulation (1), (2) or (3) is liable on summary conviction to a fine of two hundred dollars. 4A. (Revoked by LN 117/2002). 4B. 5. (1) No person shall use an artificial light for the purpose of hunting. (2) A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of two hundred dollars. Licence Fee. [156/1989]. Restrictions on capturing birds. Second Schedule. Prohibition against lights. [117/2002]. } UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Conservation of Wild Life Chap. 67:01 23 LAWS OF TRINIDAD AND TOBAGO L.R.O. Conservation of Wild Life Regulations [Subsidiary] 6. (1) No person shall have in his possession, serve, purchase, sell or expose for sale— (a) during the close season, any animal referred to in Parts I and II; or (b) from 1st October to 31st October annually, any animal referred to in Part II, of the Second Schedule to the Act. (2) Any person who contravenes the provisions of subregulation (1) is liable on summary conviction to a fine of two hundred dollars. 7. (1) No person shall hunt or be a member of a party engaged in hunting any animal specified in the Second Schedule to the Act in any Forest Reserve between the hours of 7.30 o’clock in the evening and 5.00 o’clock in the morning of the next succeeding day. (2) Any person who contravenes the provisions of subregulation (1) is liable on summary conviction to a fine of two hundred dollars. 8. (1) Except in pursuance of an authority specially granted by the Chief Game Warden under this regulation, no person shall hunt more than thirty Wild Ducks and five Crabier in any one day. (2) Any person who hunts any animal contrary to subregulation (1) is liable on summary conviction to a fine of two hundred dollars. (3) If any party engaged or who has been engaged in hunting Wild Ducks or Crabier is found in possession of a quantity of Wild Ducks or Crabier which have been hunted and which having regard to the number of guns carried by that party, is in excess of the quantity which may be hunted under subregulation (1), every member of such party is liable on summary conviction to a fine of two hundred dollars. 9. (1) No person shall keep a protected animal in captivity unless he is authorised so to do by permit issued under these Regulations. However, the legal personal representative of a deceased holder of a valid permit issued under these Regulations shall be deemed not to have committed an offence under these Regulations Close season. [47/1996 117/2002]. Second Schedule. Hunting in Forest Reserve. Second Schedule. Special authority necessary. [216/1986]. Protected animals. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 24 Chap. 67:01 Conservation of Wild Life LAWS OF TRINIDAD AND TOBAGO [Subsidiary] Conservation of Wild Life Regulations by reason only of the fact that a protected animal which has been kept in captivity by such deceased person under the authority of such permit remains in captivity after the death of such person. (2) Any person who contravenes subregulation (1) is liable on summary conviction to a fine of two hundred dollars. 10. (1) No person shall sell or otherwise dispose of any protected animal kept in captivity under the authority of these Regulations without the written permission of the Chief Game Warden. (2) Any person who contravenes subregulation (1) is liable on summary conviction to a fine of two hundred dollars. 11. (1) A Game Warden or Constable who finds a protected animal in captivity may, if the person in whose possession it is so found is not authorised under these Regulations to keep that animal in captivity— (a) require that person to release the animal immediately or to dispose of it to a person who holds a permit under these Regulations to keep such animal in captivity within two weeks of the date on which such Game Warden or Constable has so found the animal in captivity; and if he is unable so to dispose of it within the period of two weeks, to release it at the end of such period. However, if such person demonstrates to the satisfaction of such Game Warden or Constable that the animal does not wish to go free the Game Warden or Constable may leave it in the possession of the person and such person shall be deemed not to have committed an offence against these Regulations and may be granted a permit under these Regulations to keep the animal in captivity; (b) make application to a Magistrate to determine whether the animal is wild or domesticated. Selling protected animal. Powers of Game Warden or Constable. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Conservation of Wild Life Chap. 67:01 25 LAWS OF TRINIDAD AND TOBAGO L.R.O. Conservation of Wild Life Regulations [Subsidiary] (2) Upon the hearing of an application under subregulation (1)(b), the proof that the animal is domesticated shall lie on the person in whose possession the animal was found. 12. If the Magistrate on application of a Game Warden or Constable under regulation 11 decides that a particular animal is wild, he may order that it be set free, or handed over to a person who holds a permit under these Regulations to keep in captivity such an animal on such terms as the Magistrate may think fit. 13. Whenever a protected animal is released from captivity on the requisition of a Game Warden or Constable acting under regulation 11 an acknowledgment in the form set out in the Second Schedule to these Regulations shall be given by such Game Warden or Constable to the person from whose possession such animal has been removed. 14. (1) No person shall clip or cause to be clipped the wings of a protected bird or in any way mutilate or cause to be mutilated any protected animal or bird in order to prevent it from escaping from its cage when opened. (2) Any person who contravenes subregulation (1) is liable on summary conviction to a fine of two hundred dollars. 15. Permits to keep in captivity protected animals or birds shall be issued by the Chief Game Warden and shall be in such form as the Chief Game Warden may determine. Magistrate’s power under regulation 11. Form of acknowledgment. Second Schedule. Clipping wings of protected birds. Permits for protected birds. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 26 Chap. 67:01 Conservation of Wild Life LAWS OF TRINIDAD AND TOBAGO [Subsidiary] Conservation of Wild Life Regulations FIRST SCHEDULE FORM OF STATE GAME LICENCE THE CONSERVATION OF WILD LIFE ACT, CH. 67:01 CATEGORY ..................... Issued to ............................................................................................................ Address .............................................................................................................. ............................................................................................................................ Occupation ........................................ Identification ........................................ Issued to hunt animals on State Lands subject to the provisions of the Conservation of Wild Life Act and Regulations made thereunder. Fee Payable ............................................ Date of issue .......................................... Date of expiry ........................................ ................................................ Detach here and return to Forestry Division on or before 31st March annually. Mandatory Data Form 000108 Date ................................................ .................................................... Signature of Hunter Regulation 2. [156/1989 117/2002]. (Passport, I.D. or D.P.) Chief Game Warden Date of Catch Number of Animals Weight and Condition of Animals Sex Male Female Location Remarks UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Conservation of Wild Life Chap. 67:01 27 LAWS OF TRINIDAD AND TOBAGO L.R.O. Conservation of Wild Life Regulations [Subsidiary] CONDITIONS 1. Period of Open Season is the period of the year not specified in the Fifth Schedule to the Act. 2. Mandatory return data form must be returned to the Forestry Division on expiry of licence in order to obtain a new State Game Licence. 3. Hunting with guns is prohibited for the months of .............................. 4. (Deleted by LN 117/2002). 5. Failure to comply with any of the above conditions will lead to cancellation of the State Game Licence and prosecution under the Conservation of Wild Life Act. SECOND SCHEDULE THE CONSERVATION OF WILD LIFE ACT Serial No. ACKNOWLEDGMENT OF RELEASE OF PROTECTED ANIMAL I, .................................................................. have today released the following protected animals and birds .............................................................................. ............................................................................................................................ from the custody of .............................................. of ........................................ I certify that the animals and birds herein above specified were not mutilated in any way. .................................................... (designation) (here insert number) (and species of animal and bird) Game Warden/Constable (address)(name) Regulation 13. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 28 Chap. 67:01 Conservation of Wild Life LAWS OF TRINIDAD AND TOBAGO [Subsidiary] CONSERVATION OF WILD LIFE (PROHIBITION AGAINST HUNTING DURING CERTAIN PERIODS) REGULATIONS made under section 24 1. These Regulations may be cited as the Conservation of Wild Life (Prohibition Against Hunting During Certain Periods) Regulations. 2. (1) A person shall not hunt, during the month of— (a) October, the birds listed in Part II; or (b) March, the animals listed in Parts I, II and III, of the Second Schedule to the Act. (2) A person who contravenes subregulation (1)(a) or (b) commits an offence and is liable on summary conviction to a fine of two hundred dollars. 116/2002. Citation. Prohibition against hunting. Second Schedule. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2013 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt