Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) (Implementation) Regulations, 2005 (G.N. No. 225 of 2005)

THE UNITED REPUBLIC OF TANZANIA GOVERNMENT NOTICE No. 225 published on 5/8/2005 THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNAAND FLORA (CITIES) (IMPLEMENTATION) REGULATIONS, 2005 PRINTED BY THE GOVERNMENT PRINTER, DAR ES SALMM--TANZANIA GOVERNMENT NOTICE No. 225 published on 5/8/2005 THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) (IMPLEMENTATION) REGULATIONS, 2005 I' Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) G.N. No. 225 (contd) GOVERNMENT NOTICE No. 225 published on 5/8/2005 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) (IMPLEMENTATION) REGULATIONS, 2005 Regulations ARRANGEMENT OF REGULATIONS Title PARTI PRELIMINARY PROVISIONS 1. Short Title and Commencement 2. Application 3. Interpretation FART II MANAGEMENT AND SCIENTIFIC AUTHORITIES 4. Management and Scientific Authorities. PART III CONTROL OF TRADE ON SPECIES LISTED IN CITES APPENDICES 5. Trade in specimens of species in Appendix I of CITES. 6. Restrictions on grant of export permit. 7. Trade in specimens of species in Appendix II of CITES. 8 Re-export of specimens of species in Appendix II. 9. Introduction of species from the sea. 10. Trade in specimens of spe~ies in Appendix III of CITES. 11. E;,.port of specimens of species in Appendix III of CITES. 12. Import and re-export of specimens of species in Appendix HJ of CITES . 1 ; Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) GN. No. 225 (contd.) PART IV GENERAL CONDITIONS FOR SPECIES' PERMITS AND CERTIFICATES 13. Permits and certificates issued under Part III. 14. Information on export permits. 15. Permits to bear stamp. 16. Copies of permits or certificates. 17. Separate permit or certificate for each consignment. 18. Affixation of mark on specimens of species. 19. Cancellation, retention of permit or export certificate. PARTY EXEMPTIONS AND OTHER SPECIAL PROVISIONS RELATING TO TRADE IN SPECIES 20. Specimens of species on transit. 21. Issuance of exemption certificate. 22. Personal or household specimens. 23. Specimens of species in captivity for commercial purposes. 24. Certificate for specimens of species in captivity. 25. Specimens of species for scientific purposes. 26. Designation of ports of exit or entry of specimens of species. 27. Confiscation cf specimens of species. 28. Record of trade in specimens of species. 29. Periodic reports on CITES implementation. 30. Publication of information on CITES implementation. PART VI EXPORT OF SPECIMEN 31. Application and construction. 32. Pre-conditions for export of species. 33. Containers for export of species. 34. Notice of intention to export. 35. Holding ground or farm for specimens. 36. Pre-conditions for grant of export permits. 37. Inspection of containers. 38. Certificate of health prior to export of animal specimens. 39. Vaccination, inoculation and treatment of specimens. 40. Endorsement of trophy certificates or permits. 41. Restriction on removing specimen from holding ground or farm. 42. Accompanying specimen consignments to port of embarkation. 2 Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) G.N. No. 225 (contd) 43. Safety and welfare of animals designated for export. 44. . Bill of lading in respect of specimen. 45. Maintaining records of specimens in holding grounds or farms. 46. Monthly returns from holding ground or farm. PART VII OFFENCES AND PENALTIES 47. Offences and penalties PART VIII MISCELLANEOUS PROVISIONS 48. Trade with non-CITES countries 49. Communication on impression of stamps 50. Restriction on exploitation of non-CITES species SCHEDULES 3 Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) G N No. 225 (contd.) THE WILDLIFE CONSERVATION ACT, 1974 (No. 12 OF 1974) REGULATIONS (Made under section 84) ('cJN YEN f'ION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES)(IMPLEMENTATION) REGULATIONS, 2003 r hort ti lie and comme­ ncement ,c\pplication interpreta­ tion Act No. 12 of 1974 PART I PRELIMINARY PROVISIONS 1. -(I) These Regulations may be cited as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (Implementation) Regulations, 2005 (2) These Regulations shall come into operation on the date of publication in the Gazette 2. These Regulations shall apply to all animal and plants species listed in all three CITES Appendices. 3. In these Regulations, unless the context otherwise requires "Act" means the Wildlife Conservation Act, 1974; "animal" means any kind of vertebrate and invertebrate animal and the young and egg thereof, other than a domestic animal; "animal capture" means an act of taking live animals or eggs from the wild; "CITES" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora of 1973, to which Tanzania is a Party; "CITES Appendices" means the Appendices referred under CITES; "Director" means the Director as referred to under section 3 of the Act; "holding ground or farm" means an area where animals are kept waiting to be exported and includes an aviary, pen or simila~ area; 4 Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) G.N. No. 225 (contd.) "introduction from the sea" means transportation into a country of any specimen of any species which were taken in the marine environment not under the jurisdiction of any country; "licensing officer" means any wildlife officer or any other person whom the Minister may, by notice in the Gazette, appoint to be a licensing officer for the purposes of these Regulations; "Management Authority" means the Director; "mark" means any indelible imprint, lead seal or other suitable means of identifying a specimen, designed in such a way as to render its imitation by unauthorized persons as difficult as possible; "Minister" means the Minister for the time being responsible for matters related to the management of natural resources; "Party" means a State for which the CITES has entered into force; "permit" means CITES permit issued under these Regulations; "re-export" means export of any specimen that was previously imported; "relevant Management Authority" means a Management Authority appointed or designated under regulation 4; "relevant Scientific Authority" means a Scientific Authority appointed or designated under regulation 4: "rescue center" means an institution or area designated by the Management Authorities to look after the welfare of specimens, particularly those that have been seized; "Scientific Authority" means the Authority appointed or designated under regulation 4; "Secretariat" means the Secretariat provided for under Article XII of the CITES; "species" means any species, subspecies, or geographically separated population thereof; "specimen" means: (i) any animal or plant, whether alive or dead; (ii) in the case of an animal: for species included in Appendices I and II of CITES and any readily recognizable part or derivative thereof; and for species included in Appendix III of CITES, any readily recognizable part of derivative thereof specified in Appendix III of CITES; and (iii) in the case of a plant: for species included in Appendix I of CITES , any readily recognizable part of derivative 5 Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) G.N No. 225 (contd) thereof; and species included in Appendices I and II of CITES, any readily recognizable part of derivative thereof specified in Appendices II and III of CITES in relation to the species; Manage­ ment and Scientific Authori­ ties "trade" means export, re-export, import and includes introduction from the sea; "wildlife" means species of wild and indigenous animals and plants, and their constituent habitats, including wetlands and ecosystems found on or, in land, water, as well as those exotic species that have been introduced to Tanzania and established in the wild, and includes wild animals that are temporarily maintained in captivity or have become established in the wild or species migrating through Tanzania. PART II MANAGEMENT AND SCIENTIFIC AUTHORITI ES 4.-(1) The Director shall be the Management Authority and shall, in collaboration with the Scientific Authority or Authorities (a) be the lead agency in the implementation of CITES; (b) communicate with other Parties and the Secretariat in all matters of CITES on behalf of the Government; ( c) grant export and import permits and re-export certificates on behalf of the Government; (d) register captive breeding operations, zoos and orphanage centers or any artificially propagated wildlife species; ( e) affix marks upon specimens in trade to assist m identifying the specimen; (f) maintain records of trade in specimens listed in CITES Appendices; and (g) prepare periodic annual and biannual reports of the country's implementation of CITES and transmit such reports to the Secretariat. (2) The Minister shall, appoint or designate one or more Scientific Authorities as is appropriate, which shall: (a) give scientific input to policies related to the implementation of CITES; 6 Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) G.N No. 225 (contd) (b) conduct findings based on scientific review of available information on the population, status, distribution, population trends and other biological and ecological factors as appropriate, and trade information relating to species concerned; ( c) monitor export permits issued for specimens that are threatened with extinction and which may be affected by trade and the actual export of such specimens m accordance with the provisions of CITES; and ( d) advise the Director on suitable measures to be taken to limit grant of export permits for specimens that are threatened with extinction and which may be affected by trade. (3) The Minister may, by notice published in the Gazette, appoint er designate relevant Management and Scientific Authorities for effective implementation of these Regulations. PART III CONTROL OF TRADE ON SPECIES LISTED IN CITES APPENDICES 5 .-(1) : y trade in specimens of species threatened with extinction that are or may be affected by trade shall be regulated in ac~ordance with the provisions of these Regulations. (L.) Any specimen of a species threatened with extinction, or that which is or may be affected by trade, shall not be exported without the written authorization of the Director. 6.-( 1 )Any export permit of a specimen of species shall not be granted unless the relevant Scientific Authority has advised that such export will not b.:: detrimental to the survival of the species. (2) Any export permit of a SiJecimen of species shall not be granted urness the Director is satisfied that: (a) the specimen was not obtained in contravention of the laws of any jurisdiction relating to the protection, conservation and management of fauna and flora; 7 Trade in specimen of species m Appendix I of CITES Restriction on grant of export permit Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) GN. No. 225 (rontd.) (b) any living specimen or trophy will be prepared and shipped by ensuring that there is minimal risk of damage, injury to health or cruel treatment; and Trade in specimens of Species in Appendix II of CITES Re-export of species in Appendix II of CITES ( c) an import permit has been granted for the specimen. 7.-(1) Any specimen of a species, which is not necessarily threatened with extinction but may become so unless trade in specimens of such species is regulated, shall not be exported without the presentation of an export permit to the Director. (2) Any specimen of a species which is not necessarily threatened with extinction but may become so unless trade in specimens of such species is regulated shall not be imported without the presentation of either an import permit, export permit or a re-export certificate to the Director. (3) Subject to regulation 7 (2) of these Regulations, an import permit shall only be issued where the Director: (a) has advised that such import will not be detrimental to the survival of that species; (b) is satisfied that the specimen was not obtained in contravention of the laws of that country for the protection of fauna and flora; and (c) is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment. 8.-(1) The re-export of any specimen of a species that is not necessarily threatened with exti nction but may become so unless trade in specimens of such species is regulated, shall require the prior grant and presentation of a re-export certificate. (2) Any re-export permit shall not be issued unless the Director is satisfied that: (a) the specimen was imported into the country in accordance with the provisions of these Regulations; and (b) any living specimen has been prepared and shall be shipped in a manner that wi ll minimize the risk of injury, damage to health or cruel treatment. 8 Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) GN. No. 225 (contd) 9. -( 1) The introduction from the sea of any specimen of a fntrodu species that is not necessarily threatened with extinction but may ction of become so unless trade in specimens of such species is regu lated spec ies shall require the prior grant of a certificate from the Management from the Authority of the country of introduction and a certificate shall only sea be granted where: (a) the relevant Scientific Authority advises that the introduction will not be detrimental to the survival of the species involved; and (b) the relevant Management Authority is satisfied that any living specimen will be so handled as to minimize the risk of injury, damage to health or cruel treatment. (2) The Director may, grant certificates referred to under regulation 9 (1) of these Regulations after consultation wi th the relevant Scientific Authority, or appropriate international scientific authorities, in respect of periods not exceeding one year for total numbers of specimens to be introduced in such periods. 10.-(1) Any trade in specimens of species that have been identified by any Party as being subject to regulation within its jurisdiction for the purposes of preventing or restricting exploitation, and as needing co- operation of other Parties in the control of trade in such species shall be governed by these Regulations. (2) The export of any specimen of a species· referred to in regulation 10 (1) of these Regulations shall only be permitted upon the prior grant and presentation of an export permit. (3) An export permit referred to in regulation I 0(2) of these Regulations shall only be granted where the Director is satisfied that: (a) the specimen was not obtained in contravention of the laws of that country for the protection of fauna and flora; and (b) any living specim~n has been prepared and shall be shipped in a manner that will minimize the risk of injury, damage to health or cruel treatment. 11.-(1) The export of any specimen of a species referred to in regulation 10 of these Regulations shall require the prior grant and presentation of an export permit. 9 Trade in specimens of species in Appendix Ill of CITES Export of specimens of species in Convention on International Trade in End(l7!-gered Species of Wild Fauna and Flora (Cites) Implementations) G.N. No. 225 (contd.) Appendix (2) Any export permit shall not be granted unless the Director III of is satisfied that: CITES Import and re-export of specimen of species in Appendix III of CITES (a) the specimen was not obtained in contravention of the laws of protection of fauna and flora of that country; and (b) the living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment. 12. Any specimen of a species referred to in regulation 10 of these Regulations shall not be imported without the presentation of a certificate of origin and, where the import is from a country that has included that species in Appendix III of CITES, present an export permit: Provided that in the case of re-export, a certificate granted by the Management Authority of the country of re-export certifying that the specimen was processed in that county or is being re­ exported shall be prima facie evidence that the provisions of the CITES have been complied with in respect of the specimen concerned. PARfIV GENERAL CONDITIONS FOR SPECIES' PERMITS AND CERTIFICATES Permits and certificate issued under Part III Information on export permits Permits to bear stamp Copies of permits or certificates 13. The provisions of this Part shall govern all permits and certificates granted under Part III of these Regulations. 14. Any export permit shall contain the information specified in the model set forth in Article VI of CITES, and shall only be used for export within a period of six months from the date on which it was granted. 15. Any permit shall contain the full title of CITES, an identifying stamp of the Director for purposes of these Regulations and a control number assigned by the Director. 16. Any copy of a permit or certificate issued by the Director shall be clearly marked as copies only and no such copy shall be used in place of the original, except to the extent endorsed thereon. 10 " "' Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) G.N No. 225 (contd.) 17. A separate permit or certificate shall be required for each trade consignment of specimens. 18. The Director may, when he considers it fit to do so, affix a mark upon any specimen to assist in identifying the specimen. 19. The Director shall, cancel and retain the export permit or re-export certificate and any corresponding import permit, that does not comply with the conditions required under this Part, presented in respect of the import of that specimen. PARTY Separate permit or certificate for each consign­ ment Affixation of mark on specimen of species Cancella­ tion, retention of export permit or re-export certificate EXEMPTIONS AND OTHER SPECIAL PROVISIONS RELATING TO TRADE IN SPECIES 20. The provisions of Part III of these Regulations shall not apply to the transit or trans-shipment of specimens through or in any part of the country while the specimens remain under the control of the customs department. 21.-( 1) The Director may, upon being satisfied in writing that a specimen was acquired before the provisions of CITES applied to that specimen, issue an exemption certificate under his hand to that effect. (2) Where the Director issues a certificate pursuant to being satisfied with respect to the specimen referred to in regulation 21 (1) of these Regulations, the provisions of Part III of these Regulations shall not apply to that specimen. 22.-(1) The provisions of Part III of these Regulations shall not apply to specimens that are personal or household effects as the Director may determine. (2) Notwithstanding the provision of regulation 22 (1), the prov1s10ns of Part III of these Regulations shall apply where: 11 Specimen of species on transit Issuance of exemption certificate Personal or household specimen Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) G.N No. 225 (contd) (a) in the case of a specimen of a species which is threatened with extinction which is or may be affected by trade is acquired by the owner outside the country he ordinarily resides and is being imported into that country; or Spec imen of spec ies in captivi ty for comer­ cial purposes Certificate fo r spec imen of species (b) in the case of a specimen of species which is not s:;un-ently threatened with extinction but may become so unless trade in specimens of such species is restricted in order to avoid utilization which is incompatible with its survival: ( i) they were acquired by the owner outside the country he ordinarily resides and in a country where removal from the wild occurred; (ii) they are being imported into the country where the owner ordinarily resides; and (iii) the country where removal from the wild occurred requires the prior grant of export permits before any export of such specimens: Provided that this regulation shall not apply where the Director, after consultation with the relevant Management or Scientific Authorities, is satisfied that the specimens were acquired before the provisions of CITES applied to such specimens. 23. Any specimen of animal species which is threatened with extinction or may be affected by trade and is bred in captivity for commercial purposes, or of a plant species included in the same category that are artificially propagated for commercial purposes, shall be deemed to be a specimen of species included under the control of these Regulations. 24. The Director shall, after consultation with the relevant Management or Scientific Authorities, upon being satisfied that any specimen of an animal species was bred in captivity 12 .. ., Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cite!!i) /mplementatiom) G.N No 225 (contd) or any specimen of a plant species was artificially propagated, in captivity or is a part of such animal or plant or was derived therefrom, issue a certificate to that effect and such certificate, shall be accepted in lieu of any of the permits or certificates required under the provisions of Part III of these Regulations. 25. The provisions of Part III of these Regulations shall not apply to a non-commercial loan, donation or exchange between scientists or scientific institutions registered by the Director after consultation with the relevant management or scientific authorities, of herbarium specimens, other preserved, dried or embedded museum specimens, and live plant materials which carry a label issued or approved by the Director. 26. The Director may, after consultation with the relevant Management or Scientific Authorities, designate ports of exit or entry at which specimens of species shall be presented for clearance. 27.-(1) Any specimen which is confiscated in the process of enforcing these Regulations shall: (a) be entrusted to the Director and placed in a rescue centre; and (b) after the Director consults with the country of export, return the specimen to that country at the expense of that country, or to a rescue centre or such other place as the Director deems appropriate and consistent with the purposes of CITES . (2) The Director may, obtain the advice of the relevant Scientific Authority and whenever he deems it fit to do so, consult the Secretariat in order to facilitate the decision under regulation 27 ( 1) of these Regulations. 13 Specimen of species for scientific purposes Designa­ tion of ports of exit or entry of specimen of species Confisca­ tion of specimen of species Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) G.N No. 225 (contd.) Records of trade in specimens of species Periodic reports on CITES impleme­ ntation Publica­ tion of information on CITES implement­ tation 28 .-(1) The Director shall, in consultation with the relevant Scientific Authority, cause to be maintained records of trade in specimens of species included in Part III of these Regulations. (2) The records of trade maintained by the Director shall provide for: (a) the names and addresses of exporters and importers; (b) the number and type of permits and certificates granted; indicating the countries where such trade occurred; (c) the number or quantities and types of specimens and names of species as included in Part III of these Regulations; and ( d) where applicable, the size and sex of the animal specimens in question. 29. The Director shall, in consultation with the relevant Scientific and other designated Management Authorities, cause to be prepared periodic reports on the implementation of CITES and shall transmit to the Secretariat: (a) an annual report containing a summary of the information required under regulations 28 (2) of these Regulations; and (b) a biannual report on legislative, regulatory and administrative measures taken to enforce the provisions of CITES. 30. The Minister shall, publish the information referred to in regulation 29 of these Regulations in the Government Gazette. 14 ' Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) PART VI EXPORT OF SPECIMEN G.N No. 225 (contd) 31.-(1) The provisions of this Part shall, where applicable, be read and construed together with the Wildlife Conservation (Capture of Animals) Regulations, 1974. (2) Notwithstanding the provisions of regulation 31(1), and any other regulations made under the Act or any other law governing natural resources, where a conflict arises in the course of applying the provisions of CITES, these Regulations shall take precedence. 32. Subsequent to its capture and prior to export every (a) herbivorous mammal shall be kept in captivity for at least two months during which it shall be supplied with the type of food which will be available on the journey; (b) carnivorous mammal shall be kept in captivity for at least one month during which it shall be supplied with the type of food which will be available on the journey; ( c) reptile, amphibia or bird shall be kept in captivity for at least fourteen days during which it shall be supplied with the type of food which will be available on the journey; ( d) insect shall be kept in captivity for not more than 3 days; ( e) animal shall be allowed to accustom itself to the container in which it will be exported for not less than seven days. 33. Any container in which an animal species is exported shall, conform to the relevant specifications and requirements prescribed in the First Schedule and the International Air Transport Association Live Animal Regulations. 15 Applica­ tion and constru­ ction GN Nos. 265 and 278 of 1974 Pre­ conditions for export of species Containers for export of species Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) G.N. No. 225 (contd.) Notice of intention to export Holding ground or fann for specimens Pre­ conditions for grant of export permits 34. Every holder of a trophy export certificate and CITES permit prescribed in the Second and Third Schedules shall, inform the Director in writing of his intention to export any animal at least two weeks before the date of export. 35 .-(1) Any person shall not be granted a permit to export specimens of species unless he satisfies the licensing officer that: (a) he is an owner of a holding ground or farm, aviary or pen as may be appropriate, where the captured specimen will be kept until exported; and he has made firm arrangements for the sale or other disposal of the specimen intended to be captured to a zoological or other person or institution and that it is not against the public interest for such institution to receive such specimen. (2) Subject to being surrendered or revoked earlier, a capture pem1it shall be valid for a period of sixty days from the date or issue. (3) All holding farms or grounds shall be maintained in such manner as an authorized officer or a veterinary officer may direct and it shall be lawful for any authorized officer to inspect a holding farm or ground at any time. (4) All owners of holding grounds or farms shall be responsible for the efficient maintenance of such holding grounds or farms and shall, comply with the provisions of these Regulations and any direction given hereunder. 36. Any specimen shall not be exported unless the Director is satisfied that there exists: (a) a letter from a zoological institution, a similar establishment or person as evidence that the specimen shall be received by such institution, establishment or person. (b) evidence that proper accommodation has been reserved on a vehicle, ship, aircraft or any other 16 Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) G. N No. 225 (contd) means of transport for the specimen as he has approved. 37. Any authorised officer shall be entitled to inspect any specimen in its container before it is exported. 38.-(1) A veterinary officer shall examine all specimens at least seven days prior to their export. (2) A veterinary officer who examines the specimen shall issue a certificate of health in respect of such specimen. 39. Any specimen shall not be exported unless the veterinary oftlcer examining it has certified that it is in a fit state of health and has received all the necessary vaccinations, inoculations or treatment. 40. Any trophy export certificate or permit shall be issued in respect of a specimen that has been approved under regulations 38 and 39 of these Regulations for the export of any specimen and shall be endorsed with the name and address of the institution to which the specimen is consigned. 41. Any specimen earmarked for export shall not be removed from a holding ground or farm until arrangements have been made for such specimen to be loaded on a vessel within twenty-four hours from the date of arrival at the port of embarkation. 42. Any holder of a permit or a trophy export certificate or an authorized representative of the holder, duly registered by the Director, shall accompany all specimen consignments transported to the port of embarkation. (2) Any holder of a permit or a trophy export certificate or an authorized representative of the holder, duly registered by the Director, shall personally supervise the loading of any specimen designated for export. 17 Inspection of containers Certificate of health prior to export of animal specimens Vaccina­ tion, inocula­ tion and treatment of speci­ mens Endorse­ ment of trophy certificate or permit Restrict­ ion on removing specimens from holding ground or farm Accompan­ ying specimen consign­ ments to port of embarka­ tion Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) G.N No. 225 (contd) Safety and welfare of animals designated for export Bill of lading in respect of specimen Maintain­ .ing records of speci­ mens in holding grounds or farms Monthly returns from holding grounds or farms 43.-(1) Any holder of a permit or a trophy export certificate shall be responsible for the welfare and safety of the animal captured by him until such time when the animal is exported. (2) Any holder of a permit or a trophy export certificate shall take all necessary and reasonable measures to safeguard the welfare and safety of the animal captured by him. 44. Any holder of a permit or a trophy export certificate shall produce to the Director a copy of the Bill of Lading in respect of the specimen exported and a letter from the institution or person to which the specimen has been sent acknowledging the receipt of the specimen within ninety days after the date of export. 45. Any owner of a holding ground or farm shall maintain a record of all specimens received and disposed by him in a register, which shall be inspected by an authorised officer. 46.-(1) Any owner of a holding ground or farm shall send a monthly return to the Director and the authorized officer in­ charge of the area in which his holding ground or farm is situated. (2) Any monthly return from any owner of a holding ground or farm shall contain the following particulars: (a) the number of animals of each species or specimen exported during the preceding month; (b) the names of the institutions or persons to which they have been exported; and ( c) the amount of money realized from the trade. 18 Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) PART VII OFFENCES AND PENAL TIES G.N No. 225 (contd) 47. -(1) Any person who, contravenes the provisions of these Regulations commits an offence and shall be liable, upon conviction to a fine of ten million shillings and to imprisonment for 10 years. (2) The Court may, in addition to the penalty imposed under regulation 47 (1) of these Regulations, order the forfeiture of the specimen, vessel, instruments or any tools or items used in the commission of the offence. PART VIII MISCELLANEOUS PROVISIONS 48. Where re-export of a specimen of a species is to, or import is from, a country not a Party to CITES, comparable documentation issued by the competent Authorities in that country, which substantially conforms to the requirements of CITES, for permits and certificates, may be accepted in lieu thereof by the Director, for purposes of these Regulations. 49. The Director shall, communicate to the Secretariat or a Management Authority of a Party, in consultation with the relevant Management and Scientific Authorities, impression of stamps, seals or other devices used to authenticate permits or certificates. 50. The Director may, in consultation with the relevant Scientific Authority, submit to the Secretariat a list of species identified as being subject to regulation under any written law in Tanzania for purposes of preventing or restricting their exploitation and as needing the cooperation of other Parties in the control of trade of such species. 19 Offences and Penalties Trade with non-CITES countries Communi­ cation on impression of stamps Restric­ tion on exploita­ tion of non­ CITES species Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) GN No. 225 (contd) FIRST SCHEDULE Group No. l. 2. 3. CONTAINER STANDARDS FOR EXPORT OF ANIMALS Convention on International Trade in Endangered Species of Wild Fauna and Flora, (Implementation) Regulations, 2005 (Made under Regulation 33) A. MAMMALS Species Container Standards (! ) Zebra (a) The animal shall be crated singly. (2) Rhinocerous (b) The length of the container shall be made at least 50 cm longer than the animal. (3) Buffalo (c) The container shall be provided with a gap of at least 20 cm between the highest point reached by (4) Large Antelopes the animal and the roof. (d) The sides of the container shall be planked solid for f the height. (e) Any necessary padding shall be made to the sides and rear of the container away from the horns. (f) The bottom boards of the container shall be made transverse with suitable gaps for drainage. (c) The container shall be made in a manner that will prevent the animal from turning around. Elephant (a) The animal shall be crated singly. (b) The length of the container shall be made at least 50 cm longer than the animal. (c) The container shall be provided with a gap of at least 20 cm between the highest point reached by the animal and the roof. (d) The sides of the container shall be planked solid and provided with apertures for looking out or putting the trunk through without getting a hold on which to pull. (e) Any necessary padding shall be made to the sides and rear of the container away from the tusks. (f) The bottom boards of the container shall be made transverse with sui!able gaps for drainage. (g) The container shall be made in a manner that will prevent th e animal from turning round. Hippopotamus (a) The animal shall be crated singly. (b) The length of the container shall be made at least 50 cm longer than the animal. · 20 4. 5. 6. Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) lmplemcntatiom) 1r.N No. 225 (contd) (c ) The contai ner shall be provided w ith a gap of at least 20 cm between the highest point reached by the animal and the roof. (d) The sides of the conta iner sha ll be pl anked solid ' for f the height. (e) The bottom boards o f th e contai ner shall be made transverse wi th suitab le gaps fo r dra inage. (f) The container shall be made in a manner that wi ll prevent th e animal from tu rning round . (g) Duri ng the day the anima l shall be sprayed at suitable intervals or sacks sha ll be kept on the roof of the container kept wet to ensure continuous drio of water. (I ) G iraffe (a) The animal sha ll be crated singly or in the eve~! (2) Ostrich of chicks, six in a cage. (b) The length o f the container s hall be made at leasl 50 cm longer than the anima l. (c) The container sha ll be provided with a gap ofat least 20 cm between the highest point preached by the animal and the roo f. (d) The plank in g of the sides may be perforated in such a man ner that will not a llow the animal to put its head through . ( e) The roof and any hard po int where the animal might strike its head if given a sudden jo lt shall be padded . ( f) The bottom boards of the contai ner shall be made transverse with suitable gaps fo r dra inage. (g) The container shall be made in a manner that will all ow the an imal to turn round, lie down , stand or stretch wi th ease. (h) Giraffe of over 330 cm. in height shall not be exported without prior consul tation with the air line or shio that will carrv it . (I) Lion (a) The an ima l sha ll be crated s ing ly. / (2) Leopard (b) The container shall be made to all ow ani mal to (3) Cheetah stretch fu lly in all directions. (c) The bottom and the sides of the contai ne r may be boarded sol id . (d) The rear and fron t sides of the conta iner shall be provided with bars c losely p laced to prevent the animal from puttin g its paws through. Small Antelopes (a) The animal shall be crated s ingly or two or more if well acquain ted. (b) Animals from different spec ies may be crated together if well acquainted . (c) The container shall be made to a llow the animal to stretch fu ll y in all directions. 21 I Convention on International Trade in Endangered Species of Wild Fci,una and Flora (Cites) Implementations) G.N No. 225 (contd) I (d) Three sides and the floor of the container sha11 be boarded solid. teJ 1 ne rront snail be provided with vertical slats that will prevent the horns of the animal from being caught in-between them. 7. (I) Baboon (a) The animal shall be crated singly. (2) Monkey (b) Containers for primates weighing less than 4 kg. shall be made at least 35 x 35 x 50 cm. in size. ( c) Container for primates weighing over 4 kg. shall be made at least 50 x 70 x 70 cm. in size (d) Where the animals are to travel by sea the container shall be made one and halftimes the sizes given in paragraphs 7 (b) and 7 (c) and shall be provided with perches at a height that will allow the tails of the animals to dangle free of the floor. (e) The bottom of the container shall be slatted to allow out-flow of excrement which can be retained in a tray inserted below the container. 8. Galago (Bushbabies) (a) The animal shall be crated singly or up to 4 immature in a cage. (b) Containers shall be made at least 20 x 20 x 20 cm. in size or shall be made to allow for a space of at least 20 x 20 x 20 cm. for each animal. ( C) The bottom of the container shall be slatted to allow out-flow of excrement which can be retained in a tray inserted below the container. 8. BIRDS Group Species Container Standards No. 1. Quails (a) Container shall be made at least 50 x 60 x 25 cm in Button Quails size. Small waders (b) Container shall be provided with a perch at least 3 Babblers cm from the door. Thrushes Tits Finches Buntings 2. Cuckoo Shrikes (a) Container shall be made at least 50 x 60 x 25 cm. in Pittas size. Small Francolins (b) Container shall be provided with a perch at least 3 Love - birds cm. in size. Large weavers and (c) Container shall be provided with soft lining to the allies in size inside of the roof. Warblers Orioles Shrikes Bulbuls 22 3. 4. 5. 6. 7. 8. Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) C. N No. 225 (contd) Sudan dioch and allies in size Larks Wax bills and allies in size Small ducks Container shall be made at least 50 x 60 x 25 cm. in size. Rails Fin - foot Plovers and allies in size Sand grouse Large owls Gulls Rollers (a) Container shall be made at least 50 x 60 x 20 cm. in Pigeons size. Turacos (b) Container shall be provided with a perch at least I 0 Gian~ Kingfisher cm. from the floor. Sma!l birds of prey Coucals Small owls Doves Parrots Bee eaters Wood-peckers Hoop:)es Trogons Honey Guides Broad bills Ducks Container shall be made at least Thicknees 50 x 60 x 20 cm. in size. Jacana Grebes Francolins (a) Container shall be made at least 50 x 60 x 20 cm. in Guinea fowls size. (b) Container shall be provided with soft lining to the roof Secretary Bird (a) The animals shall be crated singly. Herons (b) Container shall be made sufficiently large to allow Bitterns in-mates complete freedom of turning and Storks stretching their necks. Bustards Pelicans Cormorants Other large birds Spoonbills (a) The animal shall be crated singly or up to 6 Flamingo individuals when export is by air. Cranes (b) Container shall be provided with soft lining under Egrets the roof Ibises ( c) Container shall be made sufficiently large to allow in-mates comolete freedom of movement. 23 Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) G. N. No. 225 (contd.) (d) The floor shall be covered with canvas, hessian or similar materials. 9. Vultures (a) The animal shall be crated singly. Eagles (b) Container shall be made sufficiently large to allow in-mates complete freedom of movement. (c) Container shall be provided with Perches at least 15 cm. from the floor. C. REPTILES AND AMPHIBIANS 10. Reptiles (a) The container shall be made of wood, plywood, Agama, hardboard, expanded polystyrene/Styrofoam, All chameleon species water-resistant fibreboard, burlap, fine wire Gecko mesh, nylon or similar mesh Grass snake ( c) The inner container or compartment must be Lizards large enough to allow the animal to lie in a Skink natural position with enough space to avoid Water snake stacking. (d) A clearance of 3cm (l .2in) as height of the container is required to permit a good air flow over the animals (e) If the inner container is divided into compartments the wall must be firmly fixed to the floor and/or sides in order to avoid collapse when the container is tilted or turned upside down when loaded. (f) All partitions must have ventilation openings. (g) Specimens over 77cm (30 in) must be packed individually. (h) Spiny lizards and adult geckos must be placed individually in linen or cotton bags or in individual compartments/containers. 11. Chameleons (a) Require sufficient crumpled paper to provide a foot hold as well as cushion to each animal. (b) Chameleons must be sprayed with warm fresh water at the time of packing. 12. Geckoes (a) GecRos travel well with sufficient crumpled paper, but care must be taken not to occlude ventilation. (b) The bags containing geckos must be fastened so they do not knock into each other during transport. 13 . Small lizards Small lizards need dry leaves or moss to provide a foothold. 24 Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementatiom) G. N. No. 225 (contd) 14. Venomous reptiles !S (a) Venomous reptiles must be individually packed in Styrofoam containers placed within a wooden container. (b) The species listed above must have bags, inner and outer containers marked "Poisonous" in letters of at least 25cm ( I in) high as well as the "Live Animal" and "The Way Up" labels. Preparation before dispatch • It is recommended one specimen is packed ptr bag. " Air must be able to circulate around the bags within a container. • Where r,ecessary, inorganic soft material must be placed in the container or bag to provide a foothold, e.g. in the case of small lizards. General care and loading " Species must not be mixed or combined ;with other species in a single or compartment or container G Speci.il care must be taken to avoid exposure to extreme temperatures. Particularly during cold weather, these animals lie dom1ant for prolonged periods and, therefore, must not be presumed dead. Warning " Containers must not be placed in direct sunlight or in draughty areas. • Reptiles are cold blooded; metal, which comes in direct contact with the animal, must not be used in the construction of the inner container. 15. Crocodile species (a) The container shall be made of wood, plywood, metal, fine wire mesh, expanded polystyrene/ Styrofoam, burlap or similar material. (b) Large amphibians and reptiles must be crated individually in containers that prevent movement (c) Smaller amphibians and reptiles up to 77 cm (30in) can be packed in parallel as small groups within the container. (d) Similar trays in a container of 50x50 cm (l 9 ½ x 19½ in), is suitable for yound Crocodiles (hatch lings) (e) Lizards up to 5cm (2in) tail base width can also be packed this way but there must be no more than l 0 specimens per tray in order to prevent stacking. 25 Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) C t\' No. 225 (contd) 16. Sea turtle species Terrapin species Tortoise species (a) (b) (c) (d) ( e) (f) (g) (f) Crocodiles must have their mouths tied with sealing tape and be blindfolded with a soft material. (g) A temperature of 20C (68F) is optimum for most of these species. (h) Special care must be taken to avoid exposure to extreme temperatures. Particularly during cold weather, these animals lie dormant for prolonged periods and, therefore, must not be presumed dead (i) Containers must not be placed in direct sunlight or in draughty areas. The height of the box must allow the animals to move freely but prevent them stacking, there must be enough floor space for a single layer of specimens to occupy simultaneously without overlapping. The container must consist of only one layer of horizontal compartments A suitable mesh must be fixed under the lid over the specimens so that there is no danger of any escaping when the lid is raised Ventilation openings of a minimal 1cm must be placed in all four sides, the top and in any partitions within the container. The openings must be screened from the inside with a tine nylon or similar mesh. Outer container 68.6 cm (27in) x 28cm (I I in) x 22.8cm (9in). Inner plastic , or similar "clam shell" type containers with dimensions of 12. 7 cm (Sin) x 12.7 (Sin) x 4.5 cm (!¾in) There must be ventilation openings on all four s ides and top of the container confluent with the openings of the inner container so that air can circulate throughout the whole interior of the outer container. (h) The inner containers must have ventilation openings on all four sides and lid. (i) Five individual specimens per plastic inner container when the carapace length is greater than 5cm (2in) but not more than I 0cm ( 4inJ. (j) Aggressive species as noted above must be packed individually. Only specimens of the same species must be packed in any one outer container. Preparations before dispatch (a) Where necessary, suitable brushwood or similar material must be placed in the box L------"----------~--- -------------~ 26 Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) G. N No. 225 (contd) (b) Terrapins and aquatic turtles must be packed in damp, not wet, soft non-toxic absorbent inorganic bedding to minimise injury Feeding and watering guide (a) In case of more than one type of specimen per shipment, they must not be mixed or combined with other species ofreptiles in a container or compartment of a container. (b) Only specimens of the same size must be loaded in the same container. (c) Special care must be taken to avoid exposure to extreme temperatures. Particularly during cold weather, these animals lie dormant for prolonged penods and, therefore, must not be presumed dead. (d) On no account must unnatural hibernation be induced by loading the consignments in thermally controlled containers. OTHER ANIMALS Such container as the Director may approve. D. GENERAL CONDITIONS (/) Animals shall be enclosed in containers that are roomy and comfortable and if the anirr. !., are to travel by sea the containers must be large and stronger than those used for air transport. (2) Containers .~hall be strong with all nails and screws counter-sank. (3) Containers that shall stand on a deck and shall be provided with feet or batterns to allow space of at least IO centimeters between the bottom of the container and the deck. (4) Provision must be made in containers for inserting food and water and remoi'ing excrement without undue disturbance to the animals. (5) Provision must be made for the animal to see outside but there must be a curtain which can be let down to give the animal priv~cy when necessary. (6) Roojs of containers that are not sheltered shall be made waterproof (7) A II containers shall be adequately ventilated and protected from extremes of temperature. (8) Containers for birds that do not require padding under the roof shall be ventilated at the roof and one side. (9) Perching birds shall be provided with suitable perches 27 Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) G. N No. 225 (contd) SECOND SCHEDULE Convention on International Trade in Endangered Species of Wild Fauna and Flora, (Implementation) Regulations, 2005 (Made under Regulation 34) CITES PERMIT 28 Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) CO!',VENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA .\ Importer (name and address) 3a Country of impo11 5 Special conditions C. N No. 225 (contd.) PERMIT/CERTIFICATE No .... EXPORT RE-EXPORT IMPORT OTHER: Orig inal 2 Vahd uniil 4 Export / Re-exporter (name and :lddress, count1y) Signature o f the applicant 6. Name, address, national se,11/stamp and country of Management Authority The Director of Wildlife Wildlife Division For live animals, this permit or certificate is only valid if the transport conditions conform to the Guidelines for Transpo11 of Live Animals or, in the case of air transport. to the IATA Live Animals Regulations P.O. Box 1994 ~-----------------------1 DAR ES SALAAM 5a. Purpose of the transaction (see Reverse) Sb. Security stamp No. 7./8 SCIENTIFIC NAME (genus and species) AND COMMON NAME OF Al)llMAL OR PLANT 7.18 9 Description of specimens, including indentifying marks or numbers (age/sex if live) TANZAN IA 10 Appendix No. and source (see re verse) 10 11. Quantity I la. Total (including exported/ uni!) Quota 11 11 a Al----------------,~----------.. .... ~-----'--------1 12. C'ountiy of origin • Permit No. Date 12 a Country of last re-export Ce11ificate No Date. 7./8 9. 10 11 12b No of opera tion • • or date of acquisition 11 a Bl---------------,,----------'--------.... -......,~--------------1 12 Country of origin • Permit No Date 12.a Country of last re-export Ce111ficate No Date 7 /8 10 11 12h. No o f operation•• or date of acquisition 11 a Ct---------------,----------'--------.... -......,~-----'--------1 12 Country of origin • Permit No Date 12 a Country of last re-export Certificate No Date 7./8 10 12 lountry of origin • Permit No Date 12 a Country of last re-export Certificate No Date 11 12b No of operation • • or date of acquisnion 11 a 12b l'-1~ of operation•• or date of acquisition • Counfry in which the specimens were taken from the wild, bred in captivity or artific1at!y propagated (only in csse of re-expo1t) • • Only for specimens of Appendix- I species bred in captivity or ai1ificially propagated for commercial purposes • • • For pre-C..mvention specir 1:. I J THIS PERMIT/CERTIFICATE IS ISSUED BY Place Date Security stamp, signature and official seal 14 EXPORT ENDORSEMENT 15 Bill of Lading/Air Way-bill Number Block Quality A B C D Po11 of Export Date Signature Official stamp and tit le 29 CITES PERMIT/CERTIFICATE No ........ . Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) Implementations) G. N No. 225 (contd) THIRD SCHEDULE (Made under Regulation 34) Convention on International Trade in Endangered Species of Wild Fauna and Flora, (Implementation) Regulations, 2005 TROPHY EXPORT CERTIFICATE ORIGINAL NOT TRANSFERABLE lsihawilishwe FEE: THE UNITED REPUBLIC OF TANZANIA JAMHURI YA MUUNGANO WA TANZANIA TROPHY EXPORT CERTIFICATE HATI YA KUTOA NYARA NJE Ada: 100/ FW 17A (Rev. 1982) A No .... ISSUED TO: OF Imetolewa kwa wa nns IS AN AUTHORITY TO EXPORT THE TROPHJES SPECIFIED HEREUNDER TO (NAME AND ADDRESS Hii ni Idhini ya kusafirisha nyara zilizotajwa hapa kumpelekea (Jina na Anwani) : SERIAL No TYPE OF TROPHY Namba Aina ya Nyara SIGNATURE OF CONSIGNOR Saini ya Mpelekaji Note: WEIGHT GRADE QUANTITY Uzani Kiasi KG Daraja DATED STAMP OF AUTHORISING OFFICE Muhuri Rasmi na Tarehe The validity of this certificate should not exceed 30 days from the date of issue This certificate must accompany the above specified trophies at all times until they reach the consignor Where the trophies to be exported are protected under the Con­ vention on international Trade m Endangered Species of Wild Fauna anrl Flora (CITES). CITES trophy export Certificate shall be issued hy the Director himself This proviso does not apply to manufact ired trophies of weight less than 3kg or less than IO articles of the same type when measured numerically DATE OF ISSUE Tarehe ya Kutolewa DATE OF EXPIRY Tarehe ya kumalizika FOR THE PURPOSE OF: Kwa ajili ya: REGISTRATION MARK CERIFICATE OR OTHER AUTHORITY Alama ya Usajili Hati au Ruhusa Nyingineyo TYPE No PLACE DATE Aina Nambari Mahall Tarehe For DIRECTOR OF WILDLIFE (MANAGEMENT AUTHORITY) kn y Mkurugenzi. ldara ya Wanyamapori (Mam!aka ya Uongozi) ZINGATIA: Uhalali wa hati hii usizidi siku 30 tangu larehe ya kutolewu Hati hi1 lazima 1andamane na nyara zilizotajwa, wakati wote hadi zitakapomfikia mpoke.aji lwapo nyara zmazos.1.firishwa zinalindwa na Makubaliano ya Biashara Kimataifa Kuhusu aina za Wanyama na Mimea iliyo katika hatari ya kutoweka (CITES). hati za CITES za kutoa nyara nje zitatolewa na Mkurugenzi mwenyewe Sharti hili halihusu nyara zilizotengenez,wa za uzno chini ya kg 3 au vitu vya aina moJa visivyozidi IO kwa kuvihesabu Dar es Salaam, 12th July, 2005 ZAKIA H. MEGHJI, Minister for Natural Resources and Tourism 30