Wild Birds Protection Act (No. 3 of 1913)

OF ANTIGUA AND BARBUDA Wild Birds Protection (CAP. 472 CHAPTER 472 THE WILD BIRDS PROTECTION ACT of Sections Section 1. Short title. 2. Interpretation. 3. Enumeration of offences. 4. Close period defined for protection of birds in Schedule B. 5 . Onus of proof on person found in possession, etc., of bird, nest or eggs of such bird. 6. Offender must give name, etc. 7. General penalty. 8. Complaint, how brought. 9. Informer's half. 10. Offences committed on sea, how heard. 11. Bird or any part thereof forfeited. 12. Authority for scientific purposes, etc. 13. Governor-General may vary seasons. 14. Governor-General may amend Schedules. SCHEDULE A. SCHEDULE B. WILD BIRDS PROTECTION This Act may be cited as the Wild Birds Protection Act. LAWS Arrangement (8th May, 1913.) 3/1913. S.R.&:O. 26/1974. S.R.&:O. 3/1976. Short title. LAWS OF ANTIGUA AND BARBUDA CAP. 472) Interpretation. Schedules A and B. Enumeration of offences. Schedule A. Close period for pro tection of in Schedule B. Onus of proof on person found in possession, of nest or eggs of such bird. Wild Birds Protection In this "wild birds" means any birds specified in Schedule A and Schedule B. 3. Any person shall be guilty of an offence against this Act (1) wilfully kills, wounds or takes any wild bird speci fied in Schedule A; (2) takes, removes, injures or destroys any nest or egg of any such bird; (3) exposes for sale, or knowingly has in his posses sion, any such wild bird, or any part of such bird, killed, wounded or taken in Antigua and Barbuda, or the nest or eggs of any such bird taken in Antigua and Barbuda. (4) exports or attempts to export the skin or plumage of any wild bird killed, wounded or taken, or the nest or eggs of any wild bird taken in Antigua and Barbuda. 4. Any person who, between the first day of February and the fifteenth day of July, both inclusive, in any year, which period is hereinafter called the close season, know ingly kills, wounds or takes any wild bird specified in Schedule B, or takes, removes, injures or destroys any nest or egg of such bird, or knowingly has in his possession, or exposes or offers for sale, or purchases any such bird or any part of any such bird killed, wounded or taken, or the nest or eggs of any such bird, taken during the close season, shall be guilty of an offence. 5 . Where any person is proceeded against for expos ing or offering for sale, or having in his possession or exporting or attempting to export any wild bird or any part of any such bird, or the nest or eggs of any such bird, the proof that the bird was killed, wounded or taken or the nest or eggs taken without Antigua and Barbuda or otherwise than during the close season, as the case may be, shall be on such person. 2 2. Act who defined birds &c., bird, LAWS OF ANTIGUA AND BARBUDA Wild Birds Protection (CAP. 472 3 6. (1) In the case of an offence against this Act, any give name, person may require the offender to give his name, descrip tion and place of abode. (2) If such an offender does not truly give his name, description and place of abode, he shall be guilty of an offence in addition to that which he shall have been found committing. Every person convicted of an offence against Act shall be liable to a penalty not exceeding two hundred and fifty dollars. A complaint for any offence against this Act may Complaint how be brought brought. (1) the Magistrate of the district in which the offence has been committed; or (2) the Magistrate of the district in which the offender resides. The complainant or informer in any proceedings this Act shall receive one-half of any penalty imposed on and paid by the offender. An offence against this Act on the sea coast, or at sea beyond the limits of any district, may be inquired of, heard and determined in any district abutting on such sea coast or adjoining sea. Any bird or any part of any bird or the nest or Bird or any part thereof forfeited. eggs of any bird in respect of which a conviction takes place, shall be forfeited. Notwithstanding anything in this Act, the scientific Governor-General may by writing under his hand authorize purposes, any person for such time and subject to such conditions as he thinks fit, for scientific or other purposes, to kill, wound, or take any wild bird or to take or remove the nest or eggs of any wild bird. 13. (1) The Governor-General may with regard to may vary seasons. any wild bird specified in Schedule B, and with respect to 7. 8. before 9. under 10. 11. 12. committed Offender must &c. this General penalty. Informer's half. Offences committed on sea, how heard. Authority for &c. Governor-General LAWS OF ANTIGUA AND BARBUDA 4 CAP. 472) Wild Birds Protection the whole or any particular part of Antigua and Barbuda, extend or vary, by proclamation, the prohibited time for killing, wounding, taking, exposing, offering for sale, and purchasing of any wild bird, or for taking, removing, injur ing or destroying the nest or eggs of any wild bird. (2) After such proclamation, the penalties imposed by this Act in respect of such wild bird shall, in Antigua and Barbuda or in any part thereof as the case may be, men tioned in such proclamation, apply only to offences commit ted during the time specified in such proclamation. (3) Such proclamation shall be published in the Gazette and in a newspaper circulating in Antigua and Barbuda. (4) A copy of the Gazette or newspaper containing any such proclamation shall be evidence in all courts, and for all purposes of the same having been made. 14. The Governor-General may add the name of any may amend Schedules. bird to, or remove the name of any bird from, either of the two Schedules. SCHEDULE A BIRDS TO BE PROTECTED Humming birds. Yellow breast. West Indian Canary. Banana Bird. Pea Whistler. Blacksmith. West India robin. Chitty birds. Gauldings. Barbados black bird. Loggerhead. Coo-coo. Tern. Crane. Kingfisher. Sour sop bird. Black witch. Swan. Mallard Ducks. Governor-General 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. S. 3(1) JAWS OF ANTIGUA AND BARBUDA Wild Birds Protection (CAP. 472 5 SCHEDULE B S. 4 White Crown pigeon. 6. Coots (red and white seal). Ramier Pigeon. 7. West Indian thrush. 2. Partridge. Whistler (West Indian tree 3. Wood dove. duck). 4. Ground dove. All wild ducks, other than. 5. Quail. Whistler (West Indian tree duck). 9. Mountain dove. IA. 18. SA. 8B.