Wildlife Holding Premises Regulations

------ , 28/2019 WILDLIFE CONSERVATION ANO MA GEMENT COMMISSION ~t eutctal ~a,tttt OF GUYANA Published by the Authority of the Government 327 GEORGETOWN, SA TU RDA Y 9TH FEBRUARY, 2019 Government Notices Bank of Guyana Estimates 2019 Land Cou11 Miscellaneous Execution Sales ... TABLE OF CONTENTS FIRST SUPPLEMENT LEGAL SUPPLEMENT Transports, Mortgages and Leases Lands and Surveys Land Registry Commercial Registry A. ACTS-NLL B. SUBSIDIARY LEGISLATION Regulations No. 2 of2019 - The Wildlife Conservation and Management Commission ... c. BILLS-NIL PAGE 328 335 336 342 345 333 343 390 395 404 9 48 THE OFFICIAL GAZETTE (LEGAL SUPPLEMENT] - B Wildlife Conservation and Management Act Wildlife Holding Premises Regulations Wildlife Holding Premises Regulations ARRANGEMENT OF REGULATIONS PART I PRELIMINARY 1. Citation. 2. Interpretation. PARTII GENERAL ADMINISTRATION 3. Staffing and Administration. PART Ill CONSTRUCTION AND DESIGN 4. Construction. 5. Design and maintenance. PART IV OPERATIONS 6. Operations. 7. Quarantine. 8. Record keeping. PARTV NUTRITION AND HYGIENE 9. Diet. 10. Quality. 11. Food preparation. 12. Cleanliness relating to food and drink. 13. Food storage. 14. Food presentation. 15. Drinking water. 16. Pest and predator control. PART VI CAGES 17. Cage Specifications. PART VII 9TH FEBRUARY, 2019 TIIE OrFICIAL GAZETfE [Lrn.~L SLPPLE.\trn1 ] B 9"IH FEBRUARY, 2019 Wildlife Conservation and Management Act Wildlife Holding Premises Regulations 18. Inspections. 19. Periodic inspections. 20. Special inspections. 21. Authorisation to inspect. 22. Suspension of licences. 23. Notification of diseases INSPECTIONS PART VIII MISCELLANEOUS 49 50 Ciiation. Interpretation. THE OFFl ClAL GAZETTE !°LEGAi S LPPIHIFNT) B 9rn FEBRUARY, 10 19 Wildlife Con~e.rvation anti Management Act Wildlife Holding Premis,~s Regulations Wildlife Holding Premises Regulations These regulations are made by me, in exercise ofthe powers conferred upon me, by section 83 of the Wildlife Conservation and Management Act. PART I PRELlMINAR Y 1. These Regulations may be cited as the Wildlife Holding Premises Regulations. 2. ln these Regulations unless the context otherwise requires (a) "Act" means the Wildlife Com.ervation and Management Act; (b) "animal" means animal as defined in section 2 of the Act; (c) "holding premises" means premises licensed under the Act for th~ purposes of holding and keeping animals for commercial and related purposes; (d) "licence" means a licence issued pursuant to the provisions of the Act; (e) "wildlife" means wildlife as defined in section 2 of the Act; THE OFFIC IAL GAZETTE [L EGAL Sc PPLE:..tENT] - B 9TH FEBRUARY, 201 9 Staffing and Administr.ition. Construction. Wildlife Conse~~[ion and Management Act Wildlife Holding Premises Regulations PARTI I GENERAL ADMINISTRATION 3. Every holding premises shall • (a) be managed by a person with adequate training, experience, knowledge of the behaviour, biology, food and health requirements of every species held or intended to be held at the premises; (b) be staffed by adequately trained and experienced persons, sufficient in number for the discharge of the operation at the premises. PARTIII CONSTRUCTION AND DESIGN 4.(1) Holding premises shall • (a) be constructed of materials appropriate to hold the wildlife involved; (b) be located and constructed so as to minimise human contact; (c) be secured so that the wildlife is reasonably protected from theft or predation by other domestic or wild animals; ( d) be constructed with facilities for run-off from the premises so as to avoid contamination of rivers, creeks and trenches; 51 52 T HE OFFICIAL GAZETTE !LEGAL S L:PPLEMF.NTj - B 9TII FEBRUARY, ~O l9 Wildlife Conservation ind Management Act Wildlife Holding Premises Regulations ( e) be property fenced at the perimeter; (f) be constructed in such a way as to minimise contamination of adjacent premises; (g) be constructed with darkened or nighLlight enclosures for nocturnal animals; (h) ~ constructed with floors that are made of smooth concrete or ceramic tiles so as to be capable of easy cleaning and disinfecting and constructed in such a way as to provide rapid drainage and drying; and (i) be constructed with a separate building for the care and isolation o r sick animals. (2) Holding premises shall not be (a) constructed without the pnor written approval of the Centra l Planning and Housing Authority, the Environmental Protection Agency and any other relevant authority; (b) located within a one mile radius of an active poultry farm; ( c) located in or within 800m radius of a city, town, residential or built up area; THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] - B 9TH FEBRUARY, 2019 Design and maintenance. Wildlife Conservatiiln and Management Act Wildlife Holding Premises Regulations (d) constructed as to cause or allow the run-off of liquid effluent, into adjoining or adjacent properties. 5.(1) Holding premises shall (a) provide adequate and appropriate ventilation, lighling and shelter from inclement weather conditions so as to provide for the protection and health of wildlife held; (b) be maintained in good repair so as to protecl the wildlife from injury; (c) be cleaned daily or as often as necessary to minimise disease, hazards and odours; ( d) possess roofs so configured as to provide overhangs along all external walls; (e) possess roof overhangs that extend such distance beyond the external wall face as to prevent the entry of wind-blown rain through meshed vents mentioned in item (f), but not less than 3 ft (1 m); (f) have external walls that are a minimum height of 9 ft . (2. 7m) from the finished level of the floor, of which the top will comprise not less than 2 ft. (0.61m) and not more than 4 ft. (1.lm) of wire mesh; (g) provide footbaths at all entrances with approved disinfectant; (h) possess main compartment entry and exit doors which shall be meshed a minimum of one-third of their height, and shall be spring loaded in order that they can be k.ept closed at all times; 53 54 Operations. THE OFFICIAL GAZETTE [ L EGAL ~ UPPLEMENTJ B 9m FEBRUARY, 20 19 Wildlife Conserva.t lon and Management Act Wildlife Holding Premises Regulations PART IV OPERATIONS 6. Holding premises shall be operated in the following manner (a) an adequate supply of water shall be readily available on the premises for drinking and washing purposes at all times; (b) sufficient and efficient waterers and feeders shall be available for the management needs of animals; (c) except with the consent of the Commission, domestic animals not be kept at holding premises; (d) specimens for export shall be separated from other wild specimens including rats and all contact with these shall be avoided; (e) birds, mammals, reptiles, amphibians and arthropods and such other classifications shall be housed separately; (t) predators and prey should be housed separately, so as to minimise predator and prey interactions; (g) birds, mammals, reptiles, amphibians and arthropods and such other classifications shall be kept in a controlled manner, with effective lighting, which shall facilitate the observation and inspection of the animal; (h) unJess distinguishing marks or features, documented in the animal records, can easily identify an individual animal, a pennanent method T H E O FF l--'C'-l A .;:;L G;;:.;A;.,;,,::;ZE=· ..:..T 1..:..- .;;:E ..1,(;:::L::.:ca;:;..'A:.:.L -=S:.:.v :....:rr..:.LE::.· ~;;,:tL;:,;N.:.JT ]L-- .:::.B 9~ T-H ..:.F.!:E :!:B :.!.:R:.::0 ::.::,~!!R~Y!..,?..:2~0~1.::.9 55 Wildlife Conservation and Management Act Wild life Holding Premises Regulations of identification is required to identify that individual, if requested by the Commission; (i) identify the manner of acquisition whether caught in the wild or captive bred; (j) cages shall be arranged such as to allow for adequate sanitation and ventilation and separated between rows by a minimum space of two feet with a minimum of three feet walkway between them; (k) the keeping of large and extra-large cages shall be discouraged, unless approved by the Commission; (I) premises shall be maintained and kept in a clean and orderly manner at all times; (m)all parts of cages in which wildlife is kept shall be washed and disinfected at least twice weekly; (n) have an arrangement with a veterinary practitioner for visiting the premises to look after the animals; (o) excrement and other animal waste, leftover food, unwholesome food and o ther waste shall be removed daily, or more frequently if sanitation or odour conditions require; (p) al l waste material shall be dampened, before being disposed of in such manner as not to create sanitation problem; (q) dangerous animals shall be kept separately in a securely locked enclosure labelled "Dangerous Animals - DO NOT ENTER"; 56 Quar.uJtine. THE OFFICIAL GAZETTE [LEGAL S UPPLEMENT] B 9TH FEBRUARY, 2019 Wildlife Conservation and Management Act Wildlife Holding Premises Regulations For the purposes of this part: Dangerous animal means: any animal which is not naturally tame or gentle, and which is of a wild nature, and which is capable of killing, inflicting serious injury upon, or causing disease among, human beings or animals and having known tendencies as a species to do so. 7 .( 1) Holding premises shall possess a specific and separate quarantine area for new arrivals. (2) Arriving mammals and birds shall be kept in separate buildings to be quarantined for specified periods. (3) The separate building shall be located down-wind of the prevailing winds. (4) Mammals and birds shall be de-wormed and treated for lice, ticks and other external parasites, on entry into the holding premises and de worming shall be repeated not less than two weeks thereafter, or as directed by the attending veterinarian. (5) Approved oral antibiotics and vitamin supplements shall be administered as preventative doses for at least the first week of the quarantine period, or as otherwise specified by the attending veterinarian. (6) Sick animals shall be kept in a separate building or sick bay, which shall be down-wind of the station, until fully recovered. THE OFFIC IAL GAZETTE [LEGA L SUPPLI:MENT] B 9TH r En ROARY, 2019 Record keeping. Wildlife Conserv11tlon and Management Act Wildlife Holding Premises Regulations (7) Dead animals which have died under unusual circumstances while under quarantine or on an exporter's holding quarantine premises, shall be taken to the Veterinary Diagnostic Laboratory of the Guyana Livestock Development Authority, Ministry of Agriculture, for necropsy and microbiological tests. (8) Th.e minimum quarantine periods shall be as follows: (a) birds - not less than 30 days ; (b) mammals - not less than 30 days; and (c) repti les - not less than 14 days. 8.(1) Every holding premises shall keep a record of the birth, acquisitions, sales, disposals and deaths of all animals. (2) The records kept pursuant to subsection ( I) shall provide the following information (a) identification and scientific name; (b) origin (i.e. whether wild or captive-born, including identification of parents, where known, and previous locations, if any); ( c) dates of entry into, collection, disposal from and to whom; (d) date, or estimated date, of birth or hatchi.ng; (e) sex (where known); 57 58 THE OFFICIAL GAZETTE (LEG•\L SL PPLEMl:NT] - B 9r i , FEBRUARY, 21•19 Wildlife Conservation arid Management Act Wildlife Holding Premises Regulations (f) any distinctive markings, including tattoos, freeze-brands, rings or microchips; (g) clinical data, inclucling details of and dates of any treatment given; (h) behavioural and life history data; (i) date of death and the result of any post-mortem examination and laboratory investigations; G) where an escape has ta.ken place, or damage or injury has been caused to, or by, an animal to persons or property (i) the reason for such escape, damage or injury; and (ii) a summary of remedial measures ta.ken to prevent recurrence; (k) food and diets. (3) Every holding premises shall keep an inventory of the animals housed in the holding premises as at 31st December of every year, which shall be submitted to the Commission by 31st of January of the succeeding calendar year. (4) Every holding premises shall submit to the Commission an annual report !)f the activities of the holding premises by the 30th April of the following calendar year. THE OFFICIAL GAZETI'E [LEGAL SLPPLEMENT] - B 9m FEBRUARY, 2019 Diet. Quality. Food preparation. WIidiife Conserva.ilon and Management Act WIidiife Holding Premises Regulations PARTY NUTRITION ANO HYGIENE 9.(1) Each animal must be offered a variety of wholesome and palatable food and water in quantities that are sufficient to provide for its good health and normal growth. (2) The diet must be prepared with consideration of the age, size, condition and previous history of the animals. (3) Food must be unspoiled and free from chemical and bacterial contamination. (4) Care must be taken not to include food that is known lo have deleterious effects to the animal. 10.(l) Food must be clean, fresh, wholesome, palatable and of a standard fit for consumption. (2) The nutritional value of the food items must be sufficient to keep the animals healthy. (3) Food must be free of pests or disease. l 1.(1) Food for the animals shall be kept under strict hygienic conditions and shaJI be protected from contamination or deterioration. 59 60 Cleanliness relating to food and drink. Food s1omgc. THE OFFICIAL GAZETTE !LEGAL SUPPLEMENT) 8 9 11 1 FEBRUARY, 2019 Wildlife Conservation and Management Act Wildlife Holding Premises Regulations (2) Unused food shall be properly disposed of so as not to pose a health alld sanitation risk to the environment. 12.( I) High standards of cleanliness shall be observed: (a) by staff engaged in the preparation of food and drink for the animals; and (b) in relation to the utensils and equipment used, adequate equ.ipmL·nt must be provided to enable this to be done. (2) Utensils and equipment used in preparing and distributing the food and drink must be cleaned after use and kept clean when not in use. (3) Food preparation areas must be washed down daily and treated with appropriate non-toxic cleaning products. (4) Boots, aprons and brooms used in the food preparation area must be cleaned after use and kept clean when not in use. (5) Utensils and other equipment used in preparing the food and drink must not be used for any other purpose. 13.(1) Supplies of food for the animals shall be stored in enclosures in which they are adequately protected against deterioration, mould, contamination and pests. (2) Toxic substances, live animals, unrefrigerated dead animals and discarded foodstuffs must not be kept in a food storage area. THE OFFICIAL GAZETTE [LEGAL St:PPLEMENT] - 8 911-1 FEBRUARY, 2019 Food presen1at ion. Drinking water. Wildlife Conservation and Management Act Wildlife Holding Premises Regulations (3) Stocks of food supplements must be handled, stored and rotated in a way that minimises nutritional loss. 14.(1) Food presentation utensils and equipment used for the offering of food and drink to animals• (a) shall not be used for any other purpose; (b) shall be easy to clean and designed to avoid risk of injury to the animals; (c) shall, when in an enclosure, be placed in such a position that each animal in the enclosure has easy access to sufficient food and water and the risk of contamination from soiling by the animals is minimised; (d) shall be kept in a sanitary condition and, except in the case of a self. feeder, must be washed daily following use; and (e) in the case of a self-feeder, must be inspected daily to ensure that it is working effectively and does not contain caked or unwholesome food. (2) Food items must be presented on an uncontaminated surface that is covered and not exposed to weather. 15.(1) C lean potable water shall at all times be available for the animals to drink. 6 1 62 Pest and pr«ta1or control. Cage Specifica1ions. THE OFFICIAL GAZETTE [LEGAL S uPPW,1ENT] B 9T11 FEBRUARY, 2019 Wildlife Conservation and Management Act Wildlife Holding Premises Regulations (2) Animals must be provided with fresh drinking water at all times and shall: (a) be provided in appropriate receptacles; (b) be changed daily in, each enclosure; and (c) not be allowed to become stagnant. 16.(1) A safe, effective and regular program for the control of insects, ectoparasites and vertebrate pests shall be established and maintained. (2) Enclosures must be so designed as to exclude predators. PART VI CAGES 17.(1) Subject to paragraphs (2) and (3) cages for the keeping of the animals identified in paragraphs (2) and (3) shall be constructed according to the following specifications (a) materials used for the construction of cages, waterers, feeders, perches and exercise bars shall be of such a type so as not to pose a health hazard to the animals and shall be either of wood, metal, plastic, welded mesh, expanded metal, steel rod or a combination of any of these materials; (b) the size of the cage shall be capable of accommodating not more than ten non-human primates and to permit the animals therein to move about comfortably; THE OFFICIAL GAZETTE [ LEGAL S t;PPLLMl NT] - B 9m FEBROARY, 20 19 Wildlife Conservation and Management Act Wildlife Holding Premises Regulations (c) cages shall be so constructed so as to facilitate easy handling by keepers and cleaning; (d) cages should be sufficiently large to allow animals to extend their limbs completely without coming into contact with the sides or top of the cage; (e) perches shall, when within a cage, be so placed so as to not allow droppings of one animal to be deposited on another within the cage; (f) perches shall be placed in such a way as to allow animals to perch upright within the enclosure and be so arranged so as to prevent damage to plumage; (g) wooden perches shall be replaced after each quarantine period; and (h) food containers shall be placed within the cage such that the possibility of contamination, by droppings or otherwise, is diminished. (2) The specifications in respect of cages for the keeping of certain specimens of birds are: a. Parakeets and Small Macaws Minimum cage size 8 cu. ft. of side 2 ft. (0.23m~ of side 0.61 m) eauivalent) Maximum Capacitv- Ten birds Perches Placed nine inches above cage floor b. Parrotlets Minimum cage size 4 cu. ft. of side 1.6 ft. ( 1.2m1 of side .49m) Maximum Capacitv- Ten Birds Perches Placed seven inches above cage floor C. Toucans 63 64 Inspections. THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] - B 9TH FEBRUARY, 2019 Wildlife Consel"Jation and Management Act Wildlife Holding Premises Regulations (c) in the case of water snakes, possess adequate access lo water sufficient for their purposes. PART VII INSPECTIONS 18.(l) Inspections of each licensed holding premises shall be carried out by inspectors at least once every twelve months for the purpose of determining whether the conditions of the licence are being met. (2) In carrying out an inspection of a licensed holding premises or a holding premises that is the subject of an application for a licence or renewal of a licence, an inspector shall (a) consider the extent of compliance with these Regulations; (b) have regard to the condition of the holding premises and to all features of the holding premises relevant for the purposes of the required conservation measures, ( c) in the case of a licensed holding premises, ascertain whether the conditions of the licence are being met, and (d) in the case of a holding premises that is the subject of an application for a licence or renewal of a licence, ascertain whether, if the licence is granted or renewed, the required conservation measures are likely to be implemented in a satisfactory manner. THE OFFICIAL GAZETTE [LEO.~L SurPLE:s,trnr] - B 9111 FEI3 RIJARY, 2019 Wildlife Conservation and Management Act Wildlife Holding Premises Regulations Minimum cage size 8 cu. ft. of side 2 ft. (0.23m» of side 0.61m) Maximum Ca=citv- Two birds Perches Placed one foot above caoe floor d. Powis, Marudls, Trumpeters Minimum run size 8 ft. x 6 ft. x 7 ft. high. (2.44m x 1.83m x 2.13m) Maximum Caoacitv- Four birds e. Macaws Minimum cage size 35 cu. ft of side 4ft ( 1. 13 m" of s ide 1.04m) Maximum Caoacitv- Five birds Perches Placed at a minimum of 1.5 ft. above caoe floor f. Parrots and medium-sized macaws Minimum cage size 27 cu. ft. of side 3 ft. (0. 75m•ot side 0.91ml Maximum Caoacitv- 5 birds Perches Placed at a minimum of 10 Ins above caoe floor (3) Cages for the keeping of caimans and turtles shall (a) contain a body of water which shall comprise a minimum of one third of the floor space; (b) be constructed in such a way as to facilitate easy cleaning and drainage; (c) provide adequate floor space for each animal, equal to the square of the length of such animal. ( 4) Cages for the keeping of snakes shall: (a) be constructed in a manner providing for adequate watering, feeding, rest and exercise; (b) contain only one species of snake; 65 66 Periodic inspections. THE OFFICIAL GAZETTE (LEGAL StJPPLEMENTj B 9TH FEBRUARY, 2019 Wildlife Conservation and Management Act Wildlife Holding Premises Regulations (3) In carrying out an inspection referred to in paragraph (2), an inspector may require that a person who is employed in or retained by or for the purposes of the holding premises and who is specified to the inspector be present during the inspection. (4) On completing an inspection of a holding premises the inspector shall make a written report to the Commission on the inspection and the report may include any advice or recommendations for improving the operations of the holding premises. 19.(1) The Commission shall carry out or cause to be carried out periodical inspections in accordance with this section of any holding premises for which a licence granted by the Commission is in force. (2) Before any such inspection the Agency shall, after consultation with the operator of the holding premises, give him or her at least seven days notice of the date upon which it is proposed to carry out the inspection. (3) Inspections under this section shall be made once in each three month period. ( 4) The following provisions apply to any inspection to be carried out under this section • (a) the inspection shall extend to all features of the holding premises d irectly or indirectly relevant to the health, welfare and safety of the public and the animals, including measures for the prevention of the escape of animals; Tl-IE OFFICIAL GAZETTE [LEGAL St: PPLEMENT] - B 9T11 FEBRUARY, 201 9 67 Special inspec1ions. Authorisation to iOSJ>l,'CI. Wildlife Conservation and Management Act Wildlife Holding Premises Regulations (b) the inspectors shall require the production of all records kept by the operator in pursuance of conditions of the licence und.;r regulation 8 and the operator shall produce the records. (5) Within one month after receiving the · report of the inspection the Commission shall send a copy to the operator of the holding premis<:s and give him an opponunity to comment on it. 20. The Commission may at any time, after giving the licence holder at le.ast twenty-four hours notice, carry out a special inspection of a holding premisus for which a licence granted by the Commission is in force if they consider it appropriate to do so having regard to (a) any periodical report on the holding premises made to them pursuant to regulation 19; or (b) any representations made to them on behalf of a properly constitut..:d body concerned with any aspect of the management of holding premises or the welfare of animals; or (c) any other circumstances which in the opinion of the Commission calls for investigation. 21. The Commission may authorise in writing any duly qualified person to carry out inspections under this Pan. 68 Suspension of licences. THE OFFICIAL GAZETTE [LEGAL St:PPLEMENTj - B Wildlife Conservation and Management Act Wildlife Holding Premises Regulations PART VIII MISCELLANEOUS 9TH FEBRUARY, 2019 22.(1) The Commission may suspend a licence during its currency for any of the following reasons (a) the holder of a licence is conuavening any material condition of the licence; (b) the maintenance of the health, welfare and wellbeing of the animals being housed in the holding premises; (c) in the public interest for the benefit of wildlife conservation and maintenance of biodiversity; (d) any other change, situation or activity relating to the use of a licence that, in the judgment of the Commission, is not consistent with the Act or these Regulations. (2) The Commission shall, while suspending a licence, notify the holder thereof in writing (a) stating the breach or situation which gave rise to the suspension; (b) requiring the holder of the licence to remedy the breach or situation; (c) stating the time within which the breach or situation is to be remedied; and (d) stating whether the licence is to be returned within a specified time to the Commission. (3) The holder of the licence suspended under paragraph (4), upon remedying the breach or situation, shall so inform the Commission and the Commission shall, if it is satisfied that the breach is remedied, forthwith return the licence to the holder thereof. THE OFFICIAL GAZETI"E [LCGAL SUPPLL:.tCNT] - B 9111 FEBRUAR Y, 2019 Notification of diseases Wildlife Conservation and Management Act Wildlife Holding Premises Regulations (4) A suspension under this section may be for a specified period or until the fulfilment of specific conditions or until further order of the Commission. (5) Before the Commission acts under paragraph (2), the Commission shall. (a) notify the holder of a licence in writing of its p roposed action specifying the reason for the proposed action; and (b) allow the holder al least seven days within which to make written submissions to the Commission in relation to the Commission's proposed action. 23. If any animal is affected or suspected of being affected or dies of a disease suspected to be a notifiable disease, the owner or manager of the holding premises shall, within twenty four hours, report the matter to the attending veterinarian or the Guyana Livestock Development Authority. ~ / Honourable Joseph Hannon Minister of State 69 70 THE OFFICIAL GAZETTE (LEGAL S LPPLEMENT] - B 9TH FEBRUARY, 201 9