Wild Animals, Birds and Fish Preservation Regulations

Wild Animals, Birds and Fish Preservation Regulation.s [CAP. 194 CHAPTER 194 WILD ANIMALS, BIRDS AND FISH PRESERVATION ACT SUBSIDIARY LEGISLATION Wild Anim.a1s, Birds and Fish Preservation Regulations being the Schedule to the Act as subsequently amended 1. No person shall at any timc (I) wilfully kill, wound, or take any wild bird specified in Table I hereof; (2) take, remove, injure or destroy any nest of any such bird; {3) expose for sale, or knowingly have in his possession, any such bird, or any part of such bird, killed, .or wounded or taken in The Gambia, or the nest, or egg, or plumage of any such bird taken in The Gambia; <4-) export, or attempt to export, the skin of any such bird, killed, wounded or taken, or the nest, or egg, or plumage of any such bird talcen in The Gambia. 4A53 As amended by Regulations 3 of 1929, Bof 1933, 6 of 1937, 15 uf 1930, 9 of 1948, 1 of 1961. L.N. 890fl963, 1150fl963, 33 of 1966. Prohibitions. 4854 Onus on person charged. CAP. 194] Wild Animals, Birds andFish Preservation Regulations In any prosecution under this section the onus shall be upon the person charged to prove that the bir-d or part thereuf, ur the nest, egg, or plumage of such bird forming the subject matter of such charge was not killed, wounded, or taken in The Gambia. Animals, etc. mentioned in Tables II and III. Hippo potami. 2. No person shall at any time hunt, capture, or kill any animal or bird mentioned in Table II hereof, or the young- of any animal mentioned in Table III, or the female of any animal in Table III when accompanied by its young. 3. No hippopotamus shall be hunted, captured, wounded or killed when in the River Gambia or its creeks or tributaries. Animals, etc., 4. From the 16th June in any year until the 31st December next mentioned in Table IV. following (both days included), no person shall hunt, capture, or kill any animal mentioned in Table IV hereof. Animals 5. From the l st July in any year until the 31st December next mentioned in Table V. following (both days included), no person shall hunt, capture, or kill any bird mentioned in Table V hereof. Close season 6. No person shall hunt, capture or kill between the 1st September for bush fowl. in any year and the last day of February following (both days included) the bird mentioned in Table VI. Binio' egga. Licences. 7. No person shall at any time take out of the nest, or destroy in the nest, the eggs of any bird mentioned in Tables I, II, V and VI hereof. 8. No person shall at any time hunt, capture, or kill any animal mentioned in Table III hereof, the hunting, capture, or killing of which is not forbidden by these regulations, without having in force a licence of the kind numbered I in regulation 9 hereof; and no person shall at any time hunt, capture, or kill any animal men tioned in Table IV hereof without having in force one of the licences mentioned in regulation 9 hereof, and issued to him in accordance with these regulations. Wild Animals, Birds and Fish Preservation Regulations [CAP. 194 9. A licence shall be in whichever of the forms hereinafter set forth shall be appropriate and the following fees shall be payable therefor annually, viz-> £ s. d. No. 1. General licence to kill big game and small game 5 0 0 No. II. Licence to kill small game by a person licensed to bear an arm of precision 0 a No. III. Licence to kill small game by a person licensed to bear a flint-lock gun or a cap gun ... 0 5 0 10. (l) Licences of the kind numbered I and II in the last preceding regulation shall be annual and shall cease to be in force on the 1st July next following the date of issue. Such licences may be issued by the Accountant-General or by any Commissioner and the fees therefor shall be paid into the general revenue of The Gambia. (2) Licences of the kind numbered III in the last preceding regulation shall remain in force for twelve months from the date of issue. Such licences shall be issued in the City of Bathurst by the Accountant-General, the fees therefor to be paid into the general revenue of The Gambia, and in any other area of The Gambia by the Area Council having jurisdiction therein under the provisions of the Local Government Act, the fees therefor to be paid into the revenue of such Area Council. 4855 Forms and fees for lice...ces, Duration and issue of licences. Cap. 109. II. All licences shall be subject to the provisions of these regula- Condition of Iiccnccs, tions and any other regulations for the time being in force. 12. It shall be in the discretion of the officer or the Executive Officer of the Area Council to whom application is made for a licence to refuse to issue the same, subject to appeal to the Minister, whose decision shall be final. Discretion to refuse licence. 13. If there be any question as to which licence should be granted ~ki::dnof to any person, the decision of the officer issuing the licence shall be licence. final. 4856 Licence holden to render return. Prevention of damage to l.:rupl!l, etc. Special emergency power to hunt marauding beasts. Vultures. Use of bright lamps prohibited. CAP. 194J Wild Animals, Birds and Fish Preservation Regulations 14. Every holder of a general licence shall on or before the 31st July next following the issue of his licence render to the Accountant-General or to the Commissioner of the district in which the animals shall have been captured or killed, a return of all the animals mentioned in Table III hereof which he shall have captured or killed since the last day of the previous December. 15. (I) Notwithstanding anything to the contrary contained in these regulations, any person who, having given satisfactory evidence of the necessity for so doing is authorised by the Commissioner so to do may hunt, capture or kill any animal or bird which is found camllng damage to ;my crop~, cattle, land or other property or whose presence in any district is considered likely to result in such damage. (2) Nothing in these regulations shall prevent any person whose crops, cattle, lands or other property are in imminent danger of serious injury by any animals or birds hereinafter mentioned, or any person requested or authorised by him from hunting, captur ing or killing such animals or birds in order to prevent such injury: Provided that the burden of proving that such serious injury was imminent shall rest upon the person hunting, capturing or killing any such animal or bird or requesting or authorising another to do so. (3) Any person killing any animal or bird under the provisions. of this regulation shall not be required to be in possession of any Iicencc under these regulations. 16. It shall be lawful, with the consent of the Minister first obtained, to hunt, capture and kill vultures within the limits of the City of Bathurst. 17. No person shall hunt any wild animals or birds by using a bright lamp or other portable light for the purpose of dazzling them or otherwise rendering them more easy prey. Wild Animals, Birds and Fish Preservation Regulations [CAP. 194 18. Every person who shall be found having in his possession without lawful excuse (the proof of which shall lie on such person), a bright lamp or other portable light which, in the opinion of the court, is specially made or adapted for the purpose of hunting wild animals or birds as mentioned in regulation 17 shall be guilty of an offence under these regulations. 19. No person shall use any motor vehicle or vehicle or aircraft for the purpose of hunting, capturing or killing any wild animals or birds. 20. No person for the purpose of hunting, capturing or killing shall cause wild animals or birds to be encircled or surrounded by fires. 21. No person shall use any poison or explosive for the purpose of catching fish. 22. No person shall use any flare, poison or poisoned weapons for the purpose of hunting or capturing any animal. 23. No person shall use any pit, enclosure, gin, trap, snare, set gun or missile containing explosive for the purpose of hunting or capturing any animal. 24. A list of the names of all holders of Nos. I and II licences issued in the preceding month shall be published monthly in the Gazette, and shall be exhibited by the Accountant-General at the Treasury. 25. Any person contravening the provisions of these regulations shall be liable to a penalty not exceeding twenty-five pounds for each offence or, in default of payment, to imprisonment, with or without hard labour, for a term not exceeding six months. l3-GVID 4857 Possession of bright lamp specially made or adapted for hunting probibired, Prohibition or use of aeroplanes and motor vehicles for hunting animals and birds. Prohibition of use of encircling fires. Prohibition of poison OT explosives for catching fish. Pr<>hibition of flares and pois~n for hunting animals. Prohibition Or use of traps. List of licence holde.... Penalty. 48~8 CAP. 194] Wild Animals, Birds andFish Preservation Regulations ~ations TABLE I 1 and 7. BrRDs WHICH WITH THEIR NESTS, EGOS AND PLUMAGE ARE ABSOLUTELY PROTECTED English name Ma.-abou Storks Egrets Great White Egret Little Egret Cattle Egret " Tickbird "..; Golden Cuckoos Emerald Cuckoo ... Klaas Golden Cuckoo Gilded Cuckoo Rollers (Blue Jays) ... Orioles African Great White Egret . African Yellow-billed Egret . White-breasted Guinea Fowl Latin name Lcpeopeilus crumcnifa-w Egretta alba Egretta garzetta Bubulcus lucidus Chrysococcyx smaragdineus Chrysococcyx klaasi Chrysococcyx eupreull '" Coraciidae Oriolidae Casmerodius albus mela norhynchus ... Mesopboyx mrermedius brachyrhynchus Agelastes meleagrides ... Native name Jimmu {MiWdingo~ Harikoio (Mandingo) Do. Kununkoio (Mandingo) } Folio-tokOJ (trade and skinners' name) Keer kutarong (Mandingo) Katchaba (Mandingo) Harikoio (Mandingo) Do. Do. Regulations 2 and 7. TABLE II ANn.lALs AND BIRDS ABsOLUTELY PROTECTED The Gu-aff", ... The West African Eland Owls '" The Secretary Bird ... Vultures ... West African Situtunga Manatee Yellow backed Duiker Latin Giraff.. camelopardalls . Taurotragus derbianus . Strigiformes . .. . Serpentarius gambiensis Vulturidae . " Tragelaphus limnotragus gratus Trichehus Senegalensis ... Cephalophus sylvicultrix Mandingo Tero Jinki-janko Kik.io Doo-o Bato Menango Wild Animals, Birds and Fish Preservation Regulations [CAP. 194 4859 TABLE III Regulations 2,8 and 14. ANIMALS (BIG GAME) OF WHICH TIlE YOUNG AND FEMALES WHEN ACCOMPANIED BY THEIR YOUNG ARE ABSOLUTELY PROTECTED English The Elephant. .. Hippopotamns Buffalo (e.g., Congo Buffalo, Senegambian Buffalo) Larin Mandingo Elephas africanus Sammo Hippopotamus arrrphjbrus Malo Bubalus caffer Sio Wulleng Sio Fing TABLE IV Regulations 4 and 8. ANIMALS (SMALL GAME) PROTECTED FROM 16TH JUNE TO THE 31sT DJ,;UEMBER NJ,;XT FOLLOWING (BOTH DAYS INCLUDED) English West African Hartebeest Korrigum Hartebeest Red-flanked Duiker Maxwell's Duiker Crowned Duiker Gambian Oribi Waterbuck Buffon's Kob ... Nagar Reedbuck Roan Antelope Lesser Bushbuck Red River Hog Latin Bubalis major ... Damaliscus korrigurn Cephalophus rufilatus Cephalophus maxwelli . Cephalophus coronatus . Ourebia nigricaudata Kobus defassu ... Kobus kob Cervicapra -r-drmr-a Hippotragus equinas Tragelaphus scriptus Potamochoerus porcus TABLE V Mandingo Tangkongo koio Tangkongo Huntango Mankero Mankcro wunengo Mankero koio Sinsing Wanto KOllgkotongo Da-koio Menango Sea Wulleng Regulations 5 and 7. BIRDS PROTECTED FROM THE 1ST J UL Y TO THE 31 ST DECEMBER (BOTH DAYS INCLUD£D), AND 01" WHICH THl!: EUGS ARE PROTECTED AT ALL TIMEs English Guinea Fowl Crown-birds (Crested Cranes) Latin Numididae Balaerica pavonina Mandingo Kamo Komaro 4860 CAP. 194] Wild Animals, Birds and Fish Preservation &gulations Regulation$ TABLE VI 6 and 7. BIRD PROTECTED FROM THE 1ST SEPTEMBER TO THE LAST DAY OF FEBRUARY NEXT ENSUING (BOTH DAyS INCLUDED) AND OF WHICH THE EGGS ARE PROTECTED AT ALL TIMES Regulation 9. English F......colins (or Bush Fowl) Latin Mandingo Francolin.... (All O......bi4%> species) Wallo FORMS OF LICENCE FORM A "'No. I. General Licence to kill big game and small game. "'No II Licence to kill small game by a peNon Iicensed to hear an arm of precision. The licence above described is hereby granted to . of.. to hunt, capture and kill animals and birds in The Gambia, subject to the provisions of the Wild Animals, Birds and Fish Preservation Act and of any Act amending the same and of all regulations made thereunder. THIS LICENCE IS NOT TRANSFERABLE AND EXPIRES ON THE 30TH JUNE NEXT FOLLOWING THE DATE THEIU!.OF. Dated this day of ,19 .. Fee paid £ .. (Signed) .. .•. . .. .. . .. .. . .. . .. .. . .. .. . . .. .. .. Accountant-General (Commission4r). ·Striko:: out alteruative iua ppticable, FORM B No. III. Licence to kill small game by a person licensed to bear a flint lock gun or cap gun. The licence above described is hereby granted to . of.. to hunt, capture and kill animals and birds in The Gambia, subject to the provisions of the Wild Animals, Birds and Wild Animals, Birds andFish Preservation Regulations reAP. 194 Fish Preservation Act and of any Act amending the same and of all regulations made thereunder. THIS LICENCE IS NOT TRANSFERABLE AND REMAINS IN FORCE FOR TWELVE MONTHS FROM THE DATE THEREOF. Dated this day of ,19 . Fee paid 5s. Od. (Signed) .. Accountant-General or Executive Offiur. 4861