International Trade in Wild Fauna and Flora Act (No. 41 of 2009). Chapter 11.08

International Trade in Wild Fauna and Flora Act CAP. 11.08 1 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS ST. CHRISTOPHER AND NEVIS CHAPTER 11.08 INTERNATIONAL TRADE IN WILD FAUNA AND FLORA ACT and Subsidiary Legislation Revised Edition showing the law as at 31 December 2020 This is a revised edition of the law, prepared by the Law Commission under the authority of the Law Commission Act, Cap. 1.03. This edition contains a consolidation of the following laws— Page INTERNATIONAL TRADE IN WILD FAUNA AND FLORA ACT 3 Act No. 41 of 2009 … in force 9th December 2009 Amended by: S.R.O. 26/2020 INTERNATIONAL TRADE IN WILD FAUNA AND FLORA (DESIGNATION OF SCIENTIFIC AUTHORITY) ORDER — Section 8 115 S.R.O. 21/2020 INTERNATIONAL TRADE IN WILD FAUNA AND FLORA (DESIGNATION OF MANAGEMENT AUTHORITY) ORDER — Section 7 115 S.R.O. 22/2020 Printed under Authority by The Regional Law Revision Centre Inc. ANGUILLA This booklet is published in 2020 Consolidated, Revised and Prepared under the Authority of the Law Commission Act, on behalf of the Government of Saint Christopher and Nevis By The Regional Law Revision Centre Inc. P.O. Box 1626, 5 Mar Building, The Valley, AI-2640, Anguilla Available for purchase from— Attorney General’s Chambers Government Headquarters, P.O.Box 164, Church Street, Basseterre, St.Kitts, West Indies Tel: (869) 465-2521 Ext. 1013 Tel: (869) 465-2127 Fax: (869) 465-5040 Email: attorneygeneral@gov.kn Printed on the authority and on behalf of the Government of Saint Christopher and Nevis International Trade in Wild Fauna and Flora Act CAP. 11.08 3 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS CHAPTER 11.08 INTERNATIONAL TRADE IN WILD FAUNA AND FLORA ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. Short title 2. Interpretation 3. Objects of the Act 4. Application of the Act 5. Designation of ports 6. Special conditions relating to species born or bred in captivity or artificially propagated PART II DESIGNATION AND FUNCTIONS OF MANAGEMENT AUTHORITY AND SCIENTIFIC AUTHORITY 7. Management Authority 8. Scientific Authority 9. CITES committee and co-opting expertise PART III FINANCIAL PROVISIONS 10. Administrative expenses to be defrayed out of public funds 11. Fees 12. Conservation Fund PART IV RESTRICTIONS 13. Prohibition and restriction on international trade for Appendix I 14. Restriction on international trade for Appendices II or III 15. Restriction on production of captive bred animals or artificially propagated plants 16. Restriction on possession and sale for the purposes or as a result of international trade PART V REGISTRATION, PERMITS, CERTIFICATES AND PERMISSION 17. Application for and grant of registration International Trade in 4 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS 18. Conditions of registration 19. Validity of registration 20. Revocation of registration 21. Application for and issue of permit or certificate 22. Permission 23. Export of specimens 24. Import of specimens 25. Re-export of specimens 26. Introduction from the sea certificate for specimens 27. Possession or sale of specimens 28. Validity and non-transferability of permits or certificates 29. Grounds for refusal of permit or certificate 30. Suspension of permit or certificate 31. Revocation of permit or certificate 32. Appeal PART VI EXEMPTIONS 33. Exemption in relation to transit and transshipment 34. Exemption in relation to personal or household effects 35. Exemption in relation to scientific institutions 36. Exemption in relation to travelling exhibition 37. Exemption in relation to pre-Convention specimens 38. Exemption from export permit 39. Exemption from certificate of introduction from the sea PART VII ENFORCEMENT 40. Power of arrest 41. Power to seize and detain specimen 42. Warrant to search and seize 43. Matters to be included in warrant 44. Record of specimens and property seized 45. Return of property seized 46. Forfeiture order 47. Burden of proof 48. Compliance by Management Authority PART VIII OFFENCES AND PENALTIES 49. False or misleading statements 50. National enforcement officer International Trade in Wild Fauna and Flora Act CAP. 11.08 5 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS 51. Alteration, defacing or erasing of a mark 52. Offences by a body corporate PART IX MISCELLANEOUS 53. Requirement for approval under other laws 54. Marking of specimens 55. Protection of members of Management Authority and Scientific Authority 56. Recommendations by the public 57. Amendment of First Schedule 58. Regulations FIRST SCHEDULE: Convention on International Trade in Endangered Species of Wild Fauna and Flora SECOND SCHEDULE: International Trade in Wild Fauna and Flora (Designation of Scientific Authority) Order THIRD SCHEDULE: International Trade in Wild Flora and Fauna (Designation of Management Authority) Order International Trade in Wild Fauna and Flora Act CAP. 11.08 7 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS CHAPTER 11.08 INTERNATIONAL TRADE IN WILD FAUNA AND FLORA ACT AN ACT TO PROVIDE THE LEGAL FRAMEWORK FOR IMPLEMENTATION OF THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITIES) AND TO PROVIDE FOR RELATED OR INCIDENTAL MATTERS. PART I PRELIMINARY Short title. 1. This Act may be cited as the International Trade in Wild Fauna and Flora Act. Interpretation. 2. In this Act, unless the context otherwise requires— “Appendices to CITES” means the Appendices to CITES as set out in the First Schedule and a reference to any appendix shall be construed accordingly; “artificially propagated” in relation to plants means plants grown from seeds, cuttings, callus tissues, spores or other propagules under controlled conditions including parts or derivatives of such offspring; “captivity bred” in relation to fauna or flora means offspring of fauna or flora including eggs born or otherwise produced in a clinical or controlled environment of parents that mated or otherwise transmitted their gametes in a controlled environment including parts and derivatives of such offspring; “certificate of artificial propagation” means the certificate of artificial propagation issued pursuant to section 21; “certificate of captive-breeding” means the certificate of captive breeding issued pursuant to section 21; “certificate of introduction from the sea” means a certificate of introduction from the sea issued pursuant to section 21; “certificate of origin” means the certificate of origin issued pursuant to section 23; “certificate of sale” means the certificate of sale issued pursuant to section 21; “certificate of possession” means a certificate of possession issued pursuant to section 21; “CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, concluded in Washington D.C. on 3rd March, 1973, and any amendments to, or substitutions of, that Convention that are, or will become, binding on Saint Christopher and Nevis; “CITES Secretariat” means the CITES Secretariat referred to in Article XII of CITES; “controlled environment” means— International Trade in 8 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (a) in relation to an animal or animal reproductive material, an environment which— (i) is manipulated for the purpose of producing a selected species of animal or animal reproductive material; (ii) has boundaries designed to prevent the entry, departure, introduction or removal of animals or animal reproductive materials; (iii) includes facilities such as artificial housing, waste removal, health care, protection from predators and artificial food supply; or (iv) is managed in a manner designed to maintain the breeding stock indefinitely; (b) in relation to plants, an environment which— (i) is manipulated for the purposes of producing selected hybrid species of plants or plant reproductive material; (ii) includes tillage, fertilization, weed control, irrigation or nursery operations, including potting, bedding or protection from weather; or (iii) is managed in a manner designed to maintain the breeding stock indefinitely; “country of origin” in relation to a specimen means the country which is party to CITES and from which a specimen has been taken from the wild, born or bred in captivity, artificially propagated or introduced from the sea; “export” in relation to a specimen means to take a specimen out of any place under the jurisdiction of Saint Christopher and Nevis; “export permit” means an export permit issued pursuant to section 21; “import” in relation to specimen means to land or attempt to land, bring into or cause to be brought into or the introduction into any place of a specimen subject to the jurisdiction of Saint Christopher and Nevis otherwise than in transit or by transhipment; “import permit” means an import permit issued pursuant to section 21; “international trade” means any export, re-export, import or introduction from the sea, whether of a commercial or noncommercial nature, and “being traded internationally” shall be construed accordingly; “in transit in relation to a specimen” means any occasion on which a specimen remains on board an aircraft, a ship or other form of transport and is in the process of shipment to a named consignee outside the jurisdiction of Saint Christopher and Nevis; “introduction from the sea” of a specimen means the transportation into the jurisdiction of Saint Christopher and Nevis of a specimen, which is taken from the marine environment not under the jurisdiction of any State, including the air space above the sea and the sea-bed and subsoil beneath the sea; “label” means the written, printed or graphic matter on or attached to a specimen or to any of its containers including a mark; International Trade in Wild Fauna and Flora Act CAP. 11.08 9 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS “Management Authority” means the national agency designated in accordance with section 7; “mark” means any indelible imprint, lead, seal or other suitable means of identification; “Minister” means the Minister responsible for matters relating to the management and use of wild fauna and flora and the implementation of CITES; “national enforcement officer” means officers appointed pursuant to section 51; “non-commercial purpose” means a purpose whose commercial aspects do not clearly predominate, including where trade is being conducted for the— (a) purposes of non-profit scientific or medical research; (b) purposes of conservation breeding or propagation; (c) purposes of non-profit teaching and training; (d) purposes of non-profit exhibition; (e) use of a specimen as a household pet; (f) purposes of non-profit zoological gardens; or (g) use of a specimen as a personal item, gift or donation; “permission” means permission granted pursuant to section 22; “primarily commercial purpose” means a purpose which is predominately geared towards obtaining economic benefits, including— (a) profitable scientific or biomedical research; (b) commercial captive breeding or artificial propagation; (c) profitable exhibitions or zoological gardens; or (d) professional tradings; “quota” means the prescribed number or quantity of specimens that can be harvested, exported or otherwise used over a specific period of time; “readily recognizable part” in relation to a specimen includes any specimen which appears from its label, mark, description or any package or document accompanying it, to be a part or derivative of a specimen specified in Appendices I, II or III of CITES; “re-export” in relation to a specimen means the export of any specimen which has previously been imported into the jurisdiction of Saint Christopher and Nevis, whether or not the specimen is in the same form as at the time of importation; “re-export certificate” means a re-export certificate issued pursuant to section 21; “rescue centre” means a center established pursuant to section 7 (2)(q) and as defined in paragraph 5 of Article VIII of CITES; “Scientific Authority” means the Scientific Authority designated pursuant to section 8; “species” includes any sub-species or geographically separate population of any species; “specimen” includes— International Trade in 10 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (a) any animal or plant, whether alive or dead, of a species included in Appendices I, II or III of CITES; and (b) any readily recognizable part or derivative which appears, from an accompanying document, the packaging or a mark or label or from any other circumstances, to be a part or derivative of an animal or plant of species included in Appendices I, II and III of CITES; “transhipment” in relation to a specimen means the procedure whereby any animal or plant specimen remains in the custody of Customs, is in the process of shipment to a consignee and is being transferred from one form of transport to another. Objects of this Act. 3. (1) The objects of this Act are— (a) to facilitate Saint Christopher and Nevis’s compliance with its obligations under CITES; (b) to conserve and manage the wild flora and fauna of Saint Christopher and Nevis; and (c) to regulate international trade, domestic trade, possession and transportation of the specimens of species of animals and plants, in Saint Christopher and Nevis, which are listed in the Appendices to this Act. (2) Any recommendation included in the Resolutions and decisions of the Conference of the Parties to CITES shall be implemented by the Government of Saint Christopher and Nevis if the provisions are in conformity with the provisions of the Constitution and are in the national interest. Application of the Act. 4. (1) This Act applies to all specimen of animal and plant species specified in Appendices I, II or III of CITES. (2) The provisions of this Act and any Regulations made under this Act shall be in addition to, and not in derogation or in substitution of— (a) the Fisheries Act, Cap. 14.07; (b) the National Conservation and Environment Protection Act, Cap. 11.03; (c) the Customs (Control and Management) Act, Cap. 20.04; and (d) any other relevant legislation (3) Where any law in force in Saint Christopher and Nevis that relates to the international trade of wild fauna and flora is in conflict with this Act, this Act prevails. Designation of ports. 5. (1) Subject to subsection (2), the Minister may, by Notice published in the Gazette and in at least one newspaper in general and at least weekly circulation in Saint Christopher and Nevis, designate— International Trade in Wild Fauna and Flora Act CAP. 11.08 11 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (a) one or more ports of exit to which all exports and re-exports of specimen listed in the Appendices to CITES shall be restricted, and (b) one or more ports of entry to which all imports, shipments in transit or transhipment and introductions from the sea of specimens listed in the Appendices to CITES shall be restricted. (2) The provisions of subsection (1) are without prejudice to the provisions of any other enactment relating to the designation of ports. Special conditions relating to species born or bred in captivity or artificially propagated. 6. Notwithstanding any other provision of this Act— (a) specimens of animal species listed in Appendix I of CITES that have been born or bred in captivity for commercial purposes shall be deemed to be specimens of a species listed in Appendix II of CITES; (b) specimens of plant species listed in Appendix I of CITES that have been artificially propagated for commercial purposes shall be deemed to be specimens of a species listed in Appendix II of CITES; (c) specimens of a species listed in Appendices II and III of CITES that have been born and bred in captivity or artificially propagated for commercial purposes shall be treated in accordance with the provisions applicable to specimens of a species listed in Appendices II and III of CITES; (d) specimens of animal species listed in Appendices I, II and III of CITES that have been born or bred in captivity shall not be traded internationally unless they originate from a breeding operation registered by the Management Authority and have been individually and permanently marked in a manner so as to render alteration or modification by unauthorized persons as difficult as possible; and (e) specimens of plant species listed in Appendices I, II and III of CITES that have been artificially propagated shall not be traded internationally unless they originate from an operation registered by the Management Authority and have been individually and permanently marked in a manner so as to render alteration or modification by unauthorized persons as difficult as possible. PART II DESIGNATION AND FUNCTIONS OF MANAGEMENT AUTHORITY AND SCIENTIFIC AUTHORITY Management Authority. 7. (1) The Minister may, by Order, designate a national agency as the Management Authority with primary responsibility for matters relating to the regulation of international trade in wild fauna and flora. (2) The Management Authority shall— International Trade in 12 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (a) in accordance with paragraph 1(a) of Article IX of CITES, be responsible for implementing CITES in Saint Christopher and Nevis; (b) coordinate CITES implementation and co-operate with relevant national authorities, the Management Authority of other State parties, the CITES Secretariat and other international bodies in the conservation of species of flora or fauna listed in the Appendices I, II or III of CITES; (c) grant permits, certificates and permissions in accordance with the provisions of CITES, in respect of the importation, exportation, re exportation and introduction from the sea of wild fauna and flora included in Appendices I, II, or III of CITES and attach to any such permits, certificates or permissions; any condition that it may deem necessary. (d) advise the Minister on matters of implementation and policy relating to international trade in wild fauna and flora; (e) consult with the Scientific Authority on the scientific aspects of the implementation of CITES; (f) consult with the Scientific Authority regarding proposals for amendment of Appendices I, II or III of CITES; (g) formulate and implement or cause the formulation and implementation of mechanisms for the enforcement of this Act and CITES; (h) maintain records of and monitor trade in specimens as required by CITES and compile and submit periodic reports on such trade and on the legislative, regulatory and administrative measures taken to enforce the provisions of this Act and CITES as may in either case be required by CITES or by the Minister; (i) determine, after consultation with the Scientific Authority and such agency of Government as it sees fit, the method of shipment, including by container and other packaging requirement necessary for the transport of a specimen specified in Appendices I, II or III of CITES, in accordance with the law in force in Saint Christopher and Nevis relating to transportation by air or sea; (j) stipulate specific prerequisites for registration of any person or business involved in the captive breeding or artificial propagation of species specified in Appendices I, II or III of CITES and specify conditions under which such persons or businesses may operate; (k) stipulate specific prerequisites for registration of persons or businesses involved in international trade in species specified in Appendix I of CITES and those involved in commercial trade of species specified in Appendices II or III of CITES and specify conditions under which such persons or businesses may operate; (l) take such steps as are necessary for the protection, conservation and management of wild fauna and flora against over-exploitation through international trade; (m) promote public awareness of species of wild flora and fauna which are considered vulnerable, threatened, at risk, endangered, facing International Trade in Wild Fauna and Flora Act CAP. 11.08 13 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS extirpation or facing extinction and which are or may be affected by international trade; (n) to the extent possible, formulate and implement or cause the formulation and implementation of a recovery and management plan in Saint Christopher and Nevis for wild fauna and flora of species specified in Appendices I, II or III of CITES and implement or cause the implementation of approved management programmes; (o) subject to section 8(2), on the recommendation of the Scientific Authority cause proposals for the transfer of a specimen from one Appendix to another or for the de-listing or listing of species in Appendices I, II or III of CITES to be prepared and submitted to the CITES Secretariat; (p) decide on the disposal of any confiscated or forfeited specimen, after taking into account any advice of the Scientific Authority on the matter; (q) in consultation with the Scientific Authority set and manage quotas and establish one or more rescue centres for seized and confiscated living specimens; and (r) perform such other functions pertaining to international trade in wild fauna and flora as may be specified pursuant to this Act, or assigned from time to time, by the Minister. (3) Where the Management Authority reasonably suspects that a registered person, or permit or certificate holder is in breach of this Act, the Regulations, registration, a permit or a certificate held by the person, as the case may be, or where an allegation of breach is made to the Authority against such a person, the Management Authority may conduct any investigation it considers necessary in relation to the registered person, or permit holder or certificate holder and may perform any of the following in the course of such investigation— (a) compel the production of documents and records in the custody or control of the registered person, permit holder or certificate holder; (b) compel the appearance of an employee or officer of the registered person, permit holder or certificate holder, or any other person for the purpose of ascertaining compliance with this Act, the Regulations, registration, the permit or the certificate; (c) inspect, examine or make copies of any document or record in the possession of the registered person, permit holder or certificate holder relevant to the registration, or the permit or certificate held by the registered person, permit holder or certificate holder; (d) require verification of income and all other matters pertinent to registration, the permit or the certificate; (e) enter or inspect any premises for the purpose of ascertaining compliance with this Act, the Regulations, registration, the permit or the certificate; and (f) seize, remove or impound any document or records relating to registration, the permit or the certificate for the purpose of examination and inspection. International Trade in 14 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (4) In carrying out the provisions of subsection (2), the Management Authority may consult any Department of Government or statutory body likely to be affected, and shall send to the Department of Government or statutory body likely to be affected, a copy of any report prepared by the Management Authority in consequence of any investigation made pursuant to subsection (2). (5) The Management Authority shall not be liable for the acts of a certificate holder or permit holder. Scientific Authority. 8. (1) The Minister may by Order designate a separate and independent body to be known as the Scientific Authority for purposes of this Act. (2) The Scientific Authority shall advise the Management Authority on— (a) the status of wild fauna or flora specified in Appendices I, II and III of CITES; (b) in the case of a proposed import of a live specimen listed in Appendix I of CITES, whether or not it is satisfied that the proposed recipient of the specimen is suitably equipped to house and care for it; (c) the disposal of seized or forfeited specimens; (d) when and as appropriate, whether a proposed import, export, re-export or introduction from the sea of a specimen specified in Appendices I, II and III of CITES will be detrimental to the survival of that species and on suitable measures to be taken to ensure the non-detriment to the species; (e) scientific issues related to international trade in wild fauna and flora; (f) any national species which are vulnerable, threatened, at risk, endangered, facing extirpation or facing extinction and which are or may be affected by international trade; and (g) any other matters in respect of which advise is sought by the Management Authority. (3) The advice to the Management Authority shall be based on the best available scientific evidence or ecological principles, but where little or no scientific evidence is available, the Scientific Authority may give advice based on the precautionary principle or other relevant information. (4) Where the Management Authority rejects any recommendation of the Scientific Authority, it shall give reasons for the rejection. (5) The Scientific Authority shall— (a) recommend, initiate, carry out and support research which, in its opinion, is relevant to any of its functions under this Act; (b) monitor the grant of permits and certificates issued in accordance with this Act and with the provisions of CITES and monitor the actual international trade in specimens specified in Appendices I, II and III of CITES; and (c) perform such other functions pertaining to international trade in specimens of wild fauna and flora included in Appendices I, II and III as may be assigned to it, by the Management Authority. International Trade in Wild Fauna and Flora Act CAP. 11.08 15 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (6) In this section “precautionary principle” means the principle that where there are threats of serious or irreversible damage to natural resources or the environment, appropriate actions will be taken to conserve natural resources or their environment, even though full scientific certainty may not have been established regarding all aspects of the threats. CITES committee and co-opting expertise. 9. (1) The Minister may appoint a CITES committee with representation from such governmental and non-governmental agencies, as the Minister may determine, to assist in the implementation of CITES. (2) The Management Authority or the Scientific Authority may co-opt on a case by case basis any necessary expertise deemed appropriate to assist in carrying out its duties pursuant to this Act. PART III FINANCIAL PROVISIONS Administrative expenses to be defrayed out of public funds. 10. (1) Any expense incurred by any Government Department in connection with the administration and implementation of this Act shall be defrayed out of moneys provided by Parliament. (2) There shall be paid out of moneys provided by Parliament any increase attributable to this Act in the sums so payable under any other Act. Fees. 11. The Management Authority may charge a fee, at a rate set by the Minister, for the processing of any application for a permit or a certificate, for the issue of a permit or a certificate, for registration pursuant to section 6 and for any other administrative purposes. Conservation Fund. 12. (1) The Minister may establish a special fund to be to be known as the Conservation Fund which shall be used only for the conservation of wildlife and the implementation and enforcement of CITES and of this Act, including the establishment and management of the rescue centres referred to in section 7(2) (q). (2) Any fees charged pursuant to section 14 and any voluntary contribution by an individual or an organization made for conservation of wildlife, shall be paid into the Conservation fund. PART IV RESTRICTIONS Prohibition and restriction on international trade for Appendix I. 13. (1) Subject to subsection (2), a person shall not carry on international trade in a specimen listed in Appendix I of CITES unless that person— International Trade in 16 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (a) is registered by the Management Authority and complies with the conditions of registration or is exempt from the requirement of registration pursuant to this Act; and (b) holds a valid permit or certificate issued for that purpose and complies with the permit or certificate or is exempt from the requirements of a permit or certificate pursuant to this Act. (2) Notwithstanding subsection (1), a person shall not import or introduce from the sea a specimen listed in Appendix 1 of CITES for a primarily commercial purpose except where the specimen is a specimen referred to in section 5(a) or (b). (3) A person who contravenes subsection (1) or (2) commits an offence and, subject to subsection (4), is liable— (a) in the case of a natural person— (i) on summary conviction to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or (ii) on conviction on indictment to a fine not exceeding one hundred thousand dollars or imprisonment for a term not exceeding four years or to both; (b) in the case of a person other than a natural person— (i) on summary conviction to a fine not exceeding one hundred thousand dollars; or (ii) on conviction on indictment to a fine not exceeding two hundred thousand dollars. (4) Notwithstanding subsection (3), where an offence committed pursuant to subsection (1) or (2) is a subsequent offence pursuant to this section, the person who commits the subsequent offence is liable— (a) in the case of a natural person— (i) on summary conviction to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding four years or to both; or (ii) on conviction on indictment to a fine not exceeding two hundred and fifty thousand dollars or imprisonment for a term not exceeding ten years or to both; (b) in the case of a person other than a natural person— (i) on summary conviction to a fine not exceeding two hundred and fifty thousand dollars; or (ii) on conviction on indictment to a fine not exceeding four hundred thousand dollars. Restriction on international trade for Appendices II or III. 14. (1) A person shall not carry on international trade in specimens listed in Appendices II and III of CITES unless that person— International Trade in Wild Fauna and Flora Act CAP. 11.08 17 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (a) is registered by the Management Authority and complies with the conditions of registration or is exempt from the requirements of registration pursuant to this Act; and (b) holds a valid permit, certificate or permission issued or granted for that purpose and complies with the permit, certificate or permission or is exempt from the requirements of a permit, certificate or permission pursuant to this Act. (2) A person who contravenes subsection (1) commits an offence and, subject to subsection (3), is liable— (a) in the case of a natural person— (i) on summary conviction to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding one year or to both; or (ii) on conviction on indictment to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or (b) in the case of a person other than a natural person— (i) on summary conviction to a fine not exceeding fifty thousand dollars; or (ii) on conviction on indictment to a fine not exceeding one hundred thousand dollars. (3) Notwithstanding subsection (2), where an offence committed pursuant to subsection (1) is a subsequent offence pursuant to this section, the person who commits the subsequent offence is liable— (a) in the case of a natural person— (i) on summary conviction to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or (ii) on conviction on indictment to a fine not exceeding seventy five thousand dollars or imprisonment for a term not exceeding three years or to both; (b) in the case of a person other than a natural person— (i) on summary conviction to a fine not exceeding one hundred thousand dollars; or (ii) on conviction on indictment to a fine not exceeding one hundred and fifty thousand dollars. years or to both. Restriction on production of captive bred animals or artificially propagated plants. 15. (1) A person shall not produce captive bred animals or artificially propagated plants of any species listed in Appendices I, II, or III of CITES unless that person— (a) is registered by the Management Authority and complies with the conditions of registration or is exempt from the requirements of registration pursuant to this Act; and (b) in the case of production of— International Trade in 18 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (i) captive bred animals, holds a certificate of captive breeding; and (ii) artificially propagated plants, holds a certificate of artificial propagation; and complies with the permit or certificate or is exempt from the requirement of a permit or certificate pursuant to this Act. (2) A person who contravenes subsection (1) commits an offence and, subject to subsection (3), is liable— (a) in the case of a natural person— (i) on summary conviction to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding one year or to both; or (ii) on conviction on indictment to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or (b) in the case of a person other than a natural person— (i) on summary conviction to a fine not exceeding fifty thousand dollars; or (ii) on conviction on indictment to a fine not exceeding one hundred thousand dollars. (3) Notwithstanding subsection (2), where an offence committed pursuant to subsection (1) is a subsequent offence pursuant to this section the person who commits the subsequent offence is liable— (a) in the case of a natural person— (i) on summary conviction to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or (ii) on conviction on indictment to a fine not exceeding seventy-five thousand dollars or imprisonment for a term not exceeding three years or to both; (b) in the case of a person other than a natural person— (i) on summary conviction to a fine not exceeding one hundred thousand dollars; or (ii) on conviction on indictment to a fine not exceeding one hundred and fifty thousand dollars. years or to both. Restriction on possession and sale for the purposes or as a result of international trade. 16. (1) Subject to subsection (2) and to section 35, a person shall not have in his or her possession or under his or her control or offer or advertise for sale or sell any specimen listed in Appendices I, II or III of CITES for the purposes of international trade or as a result of international trade unless that person— (a) is registered by the Management Authority pursuant to this Act and complies with the conditions of registration or is exempt from the requirements of registration pursuant to this Act; and International Trade in Wild Fauna and Flora Act CAP. 11.08 19 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (b) holds a valid permit or certificate for that purpose and complies with the permit or certificate or is exempt from the requirements of a permit or certificate pursuant to this Act. (2) Notwithstanding subsection (1), a person who has in his or her possession or under his or her control any specimen of a species listed in Appendices I, II or III of CITES in respect of which, prior to an amendment to CITES, there was no requirement for registration, a permit, a certificate or permission, the person shall be required to register with the Management Authority and obtain a permit or a certificate or permission in accordance with this Act within six months of the commencement of the enactment giving effect to the amendment to CITES. (3) A person who contravenes subsection (1) or (2) commits an offence and, subject to subsection (3), is liable— (a) in the case of an natural person— (i) on summary conviction to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or (ii) on conviction on indictment to a fine not exceeding one hundred thousand dollars or imprisonment for a term not exceeding four years or to both; (b) in the case of a person other than a natural person— (i) on summary conviction to a fine not exceeding one hundred thousand dollars; or (ii) on conviction on indictment to a fine not exceeding two hundred thousand dollars. (4) Notwithstanding subsection (2), where an offence committed pursuant to subsection (1)(a) is a subsequent offence pursuant to this section, the person who commits the subsequent offence is liable— (a) in the case of a natural person— (i) on summary conviction to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding four years or to both; or (ii) on conviction on indictment to a fine not exceeding one hundred and fifty thousand dollars or imprisonment for a term not exceeding five years or to both; (b) in the case of a person other than a natural person— (i) on summary conviction to a fine not exceeding two hundred thousand dollars; or (ii) on conviction on indictment to a fine not exceeding three hundred and fifty thousand dollars. International Trade in 20 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS PART V REGISTRATION, PERMITS, CERTIFICATES AND PERMISSION Application for and grant of registration. 17. (1) A person wishing to— (a) carry on international trade in specimens listed in Appendix I of CITES other than importation or introduction from the sea for a primarily commercial purpose; (b) carry on international trade in specimens listed in Appendices II or III of CITES; (c) produce captive bred animals and artificially propagated plants of any species listed in Appendices I, II, or III of CITES; or (d) possess or have under his or her control, offer or advertise for sale or sell any specimen listed in Appendices I, II or III of CITES for the purpose of international trade or as a result of international trade; shall, subject to subsection (2), apply to the Management Authority for registration for that purpose unless that person is exempt from the requirement of registration pursuant to this Act. (2) An application pursuant to subsection (1) shall— (a) be in the prescribed form; (b) be accompanied by the prescribed fee; (c) state the purpose of the registration; and (d) be submitted to the Management Authority together with such other information as may be prescribed or as the Management Authority may require. (3) The Management Authority, if satisfied that a person making an application pursuant to subsection (1) complies with the prescribed conditions of registration, shall, subject to subsection (4), register the applicant and issue a certificate of registration to the person. (4) A certificate of registration shall— (a) be in the prescribed form; (b) be issued on payment of the prescribed fee to the Management Authority; and (c) entitle the holder to carry on one or more activities listed in subsection (1) on the condition that the holder also holds a valid permit or certificate for that purpose. (5) Notwithstanding the foregoing provisions, the Minister may, after consultation with the Management Authority, waive the requirement for registration or any fees payable pursuant to this section, subject to any conditions that the Minister may impose. International Trade in Wild Fauna and Flora Act CAP. 11.08 21 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS Conditions of registration. 18. (1) A person registered pursuant to section 17 shall keep up to date records of their stocks and of any transactions in such form as may be specified by the Management Authority. (2) The Management Authority may inspect the premises and records of any person registered pursuant to section 17 at any time during normal working hours and a person registered shall give access to the Management Authority at such times. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine of one hundred thousand dollars or to imprisonment for four years or to both. (4) In convicting a person under subsection (3), the Court may in addition to the punishment under that subsection, order that the person convicted be prohibited from engaging in an activity specified in subsections (1) for such period as the Court may determine. Validity of registration. 19. Registration with the Management Authority shall be valid for a period of three years unless earlier revoked and is renewable on condition that the person continues to comply with the requirements of this Act. Revocation of registration. 20. The Management Authority may revoke the registration of any person who fails to comply with the conditions for registration. Application for and issue of permit or certificate. 21. (1) Subject to subsection (2), a person who is registered pursuant to section 17 and who wishes to— (a) carry on international trade in specimens listed in Appendix I of CITES other than importation or introduction from the sea for a primarily commercial purpose; (b) carry on international trade in specimens listed in Appendices II or III of CITES; (c) produce captive bred animals or artificially propagated plants of any species listed in Appendices I, II, or III of CITES; or (d) possess, have under his or her control, offer, advertise for sale or sell any specimen listed in Appendices I, II or III of CITES for the purpose of international trade or as a result of international trade; shall, subject to subsection (2), unless that person is exempt from the requirement of a permit or certificate or the requirement for a permit or certificate is waived pursuant to the Act, apply to the Management Authority for a permit or certificate for that purpose. (2) An application pursuant to subsection (1) shall— (a) be in the prescribed form; (b) be accompanied by the prescribed fees; (c) state the purpose of the permit; and International Trade in 22 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (d) be submitted to the Management Authority together with such other information as may be prescribed or as the Management Authority may require. (3) The Management Authority may refuse to issue a permit or certificate— (a) in accordance with section 29; or (b) if it is not satisfied with the prescribed conditions for trading internationally in specimens listed in the Appendices to CITES or for production of captive bred animals or artificial propagation of plants for any species listed in Appendices to CITES. (4) Where the Management Authority refuses to grant a permit or certificate pursuant to this section, if it shall so inform the applicant in writing stating the reasons for refusal and draw the applicant’s attention to his or her right to appeal pursuant to this Act. (5) If satisfied that a person making an application pursuant to subsection (1) complies with the prescribed conditions for international trade in specimens listed in the appendices to CITES or for production of captive bred animals or artificial propagation of plants for any species listed in Appendices to CITES, the Management Authority shall, subject to subsections (6) and (7) and to sections, 23, 24, 25, 26, 27, and 28 issue a permit or certificate to the person for that purpose. (6) A permit or certificate pursuant to subsection (5) shall— (a) be in the prescribed form; (b) subject to subsection (8), be issued on payment of the prescribed fee to the Management Authority; (c) state the activity which it authorizes the holder to carry on; and (d) entitle the holder to carry on the activity referred to in subsection (1) on the condition that the holder is also registered for that purpose; (7) A permit or certificate pursuant to this section shall be issued in relation to specimens listed in Appendix I, Appendix II and Appendix III of CITES as follows— (a) an export permit for the purpose of export of a specimen listed in— (i) Appendix I or II of CITES; (ii) Appendix III of CITES if it is listed in Appendix III of CITES on the request of Saint Christopher and Nevis; (b) a certificate of origin for the purposes of export of a specimen listed in Appendix III of CITES on the request of a country other than Saint Christopher and Nevis; (c) an import permit for the purpose of importing a specimen listed in the Appendix I of CITES; (d) a re-export certificate for the purpose of re-export; (e) a certificate of introduction from the sea for the purpose of introduction from the sea; (f) a certificate of artificial propagation for the purpose of artificial propagation; (g) a certificate of captive breeding for the purpose of captive breeding; International Trade in Wild Fauna and Flora Act CAP. 11.08 23 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (h) certificate of possession for the purpose of international trade or as a result of international trade; or (i) a certificate of sale for the purpose of sale for international trade or as a result of international trade. (8) Notwithstanding subsection (6), the Minister may, after consultation with the Management Authority, waive any fees payable under this section subject to any conditions the Minister may impose. Permission. 22. (1) A person wishing to import a specimen listed in Appendix II or III of CITES shall obtain permission from the Management Authority. (2) The Management Authority may, in accordance with section 24, grant permission for the importation of a specimen listed in Appendix II or III of CITES. (3) A permission granted pursuant to this section shall be— (a) in writing, or in any other form as the Management Authority determines; (b) accompanied by such other information as may be prescribed or that the Management Authority may require; (c) obtained prior to arrival of the specimen in Saint Christopher and Nevis unless determined otherwise by the Management Authority. Export of specimens. 23. (1) The Management Authority may issue an export permit pursuant to section 21 for the exportation of a specimen specified in Appendix I of CITES if— (a) it is satisfied that— (i) a valid import permit has been granted by the competent Authority of the country of import; and (ii) the specimen was not obtained in contravention of any national law relating to the protection, conservation and management of flora and fauna; and (iii) any live specimen will be prepared and shipped in a manner which will minimize the risk of injury, damage to health or cruel treatment; and (b) the Scientific Authority of Saint Christopher and Nevis has advised the Management Authority that such export will not be detrimental to the survival of the species. (2) The Management Authority may issue an export permit pursuant to section 21 for the exportation of a specimen specified in Appendix II of CITES if— (a) it is satisfied that— (i) the specimen was not obtained in contravention of any national law relating to the protection, conservation and management of flora and fauna; and International Trade in 24 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (ii) any live specimen will be prepared and shipped in a manner which will minimize the risk of injury, damage to health or cruel treatment; and (b) the Scientific Authority of Saint Christopher and Nevis has advised the Management Authority that such export will not be detrimental to the survival of the species. (3) The Management Authority may issue an export permit pursuant to section 21 for the exportation of a specimen specified in Appendix III of CITES and is listed on the request of Saint Christopher and Nevis, if it is satisfied that— (a) the specimen was not obtained in contravention of any law in force in Saint Christopher and Nevis relating to the protection, conservation and management of flora and fauna; and (b) any live specimen will be prepared and shipped in a manner which will minimize the risk of injury, damage to health or cruel treatment. (4) Where a specimen referred to in subsection (3) is listed in Appendix III of CITES on the request of a country other than Saint Christopher and Nevis, a certificate of origin may, subject to subsection 5, be issued by the Management Authority for the exportation of that specimen. Import of specimens. 24. (1) The Management Authority may issue an import permit pursuant to section 21 for the importation of a specimen specified in Appendix I of CITES if— (a) Saint Christopher and Nevis, as the country of import, is presented with a valid export permit or re-export certificate issued by a competent authority in a country that is a party to CITES; (b) the specimen is not intended to be used for primarily for commercial purposes; and (c) the Scientific Authority has advised the Management Authority that (i) the intended purpose of import will not be detrimental to the survival of the species, and (ii) the proposed recipient is suitably equipped to house and care for any live specimen. (2) The Management Authority may grant permission pursuant to section 22 for the importation of a specimen specified in Appendix II of CITES if— (a) Saint Christopher and Nevis, as the country of import, is presented with a valid export permit or re-export certificate issued by the competent authority in a country which is a party to CITES; and (b) the Scientific Authority has advised that the proposed recipient is suitably equipped to house and care for any live specimen. (3) The Management Authority may grant permission pursuant to section 22 for the importation of a specimen specified in Appendix III of CITES and listed on the request of Saint Christopher and Nevis in Appendix III of CITES if— (a) Saint Christopher and Nevis as the country of import is presented with a valid export permit or re-export certificate; and International Trade in Wild Fauna and Flora Act CAP. 11.08 25 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (b) the Scientific Authority has advised that the proposed recipient is suitably equipped to house and care for any live specimen. (4) The Management Authority may grant permission pursuant to section 18 for the importation of a specimen specified in Appendix III of CITES and listed in Appendix III of CITES on the request of a country other than Saint Christopher and Nevis if a valid certificate of origin has been issued from the country of origin. Re-export of specimens. 25. (1) The Management Authority may issue a re-export permit pursuant to section 21 for the re-exportation of a specimen specified in Appendix I of CITES if satisfied that— (a) the specimen was imported into Saint Christopher and Nevis in accordance with CITES, the provisions of this Act and the Regulations; (b) the applicant possesses valid originals of the documents issued to authorize the import of the specimen into Saint Christopher and Nevis or the applicant has been granted an import permit for a live specimen; and (c) any live specimens will be prepared and transported in such a manner as to minimize the risk of injury, damage to health or cruel treatment. (2) The Management Authority may issue a re-export certificate pursuant to section 21 for the re-exportation of a specimen specified in Appendix II of CITES if it is satisfied that— (a) the specimen was imported in accordance with CITES, the provisions of this Act and the Regulations; (b) the applicant possesses valid originals of the documents issued to authorize the import of the specimen into Saint Christopher and Nevis; and (c) that any live specimen will be prepared and shipped in such a manner as to minimize the risk of injury, damage to health or cruel treatment. (3) The Management Authority may issue a re-export certificate pursuant to section 21 for the re-exportation of a specimen specified in Appendix III of CITES if— (a) it is presented with a valid original export permit, certificate of origin or re-export certificate; and (b) it is satisfied that the specimen was imported in accordance with CITES, the provisions of this Act and the Regulations. Introduction from the sea certificate for specimens. 26. (1) The Management Authority may issue a certificate of introduction from the sea pursuant to section 21 for the introduction from the sea of a specimen specified in Appendix I of CITES if— (a) the Management Authority is satisfied that the specimen is not intended to be used for a primarily commercial purpose; (b) the Scientific Authority has advised the Management Authority that— International Trade in 26 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (i) the introduction thereof will not be detrimental to the survival of the species; and (ii) in the case of a live specimen, the proposed recipient is suitably equipped to house and care for it. (2) The Management Authority may issue a certificate of introduction from the sea pursuant to section 21 for the introduction from the sea of a specimen specified in Appendix II of CITES if— (a) it is satisfied that any live specimen is handled so as to minimize the risk of injury, damage to health, or cruel treatment; and (b) the Scientific Authority has advised the Management Authority that the introduction will not be detrimental to the survival of the species. Possession or sale of specimens. 27. The Management Authority may issue a certificate of possession or certificate of sale pursuant to section 21 for possession or sale of a specimen specified in Appendix I, II or II of CITES for the purpose of international trade or as a result of international trade, if the person applying for the certificate of possession or certificate of sale complies with the requirements specified by the Management Authority. Validity and non-transferability of permits or certificates. 28. (1) A permit or certificate issued pursuant to this Act shall not be transferrable and shall be valid for such period as is specified therein, being a period not exceeding— (a) twelve months in the case of an import permit in respect of a species specified in Appendix I of CITES; (b) six months, in the case of an export permit, a re-export certificate and a certificate of introduction from the sea in respect of species specified in Appendices I, II or III of CITES. (2) A separate permit or certificate is required for each consignment of specimens. (3) Only valid import permits, export permits, re-export certificates or certificates of origin shall be accepted to authorize the trade in specimens of a species listed in Appendices I, II and III of CITES. (4) A permit or a certificate issued in violation of this Act or any other relevant laws of Saint Christopher and Nevis or in violation of CITES shall be considered invalid. Grounds for refusal of permit or certificate. 29. The Management Authority may refuse to grant a permit or certificate under this Act— (a) in any case where the Scientific Authority recommends such refusal on the ground that the permit or certificate would not be in the public interest, having regard to such factors as the Scientific Authority consider relevant, including— International Trade in Wild Fauna and Flora Act CAP. 11.08 27 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (i) the need for the protection of certain species of wild fauna or flora from over-exploitation through international trade; (ii) the preservation of the character of the environment, including the fauna or flora; and (iii) the availability of the natural environment for the enjoyment of the public; (b) where an application contains or is based on false or misleading representation or information which is false in a material particular; (c) to an individual who— (i) is under the age of eighteen years; (ii) is adjudged bankrupt; or (iii) has been convicted of an offence under this Act during the period of ten years immediately preceding the date of the application; (d) to a body corporate— (i) in respect of which a resolution has been passed for voluntary winding-up or an order has been made by a court of competent jurisdiction for its winding-up; (ii) if a receiver has been appointed to manage any of its assets; (iii) if during the period of ten years immediately preceding the date of application, any of its directors has been convicted of an offence pursuant to this Act; or (iv) which has been convicted of an offence under this Act during the period of five years immediately preceding the date of the application; or (e) if, in the opinion of the Management Authority, the applicant is not a fit and proper person to be granted such permission. Suspension of permit or certificate. 30. (1) Where the Management Authority has issued a permit or certificate to an applicant, the Management Authority may, subject to subsection (2), suspend the permit or certificate if— (a) the holder is in breach of— (i) any provision of this Act or the Regulations for any other enactment providing for the protection, conservation and management of natural resources or the environment; or (ii) any term or condition subject to which the permit or certificate is granted; (b) the holder notifies the Management Authority, in writing, that he or she intends to cease the activities to which the permit or certificate relates for the period stated in the notice. (2) Before suspending a permit or certificate under subsection (1)(a), the Management Authority shall notify the holder in writing of the proposed suspension— International Trade in 28 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (a) stating the reasons for the suspension; (b) requiring the holder of the permit or certificate, in the case of a breach, to remedy the breach within the time specified in the notice; and (c) stating that the permit or certificate is to be returned within a specified time forthwith to the Management Authority. (3) A holder of a permit or certificate who is served with a notice under subsection (2) shall, after remedying the breach which gave rise to the suspension, notify the Management Authority in writing that the breach has been remedied. (4) The Management Authority shall, upon receipt of a notice referred to in subsection (3), cause an inspection to be carried out and if the Management Authority is satisfied that the breach has been remedied, it shall withdraw the notice of suspension. Revocation of permit or certificate. 31. (1) Where the Management Authority has granted permission and issued a permit or certificate to an applicant, the Management Authority may revoke the permit or certificate if it is satisfied that— (a) the application contained any false or misleading information in any material particular; (b) the holder has failed to remedy a breach which gave rise to the suspension of the permit or certificate under section 30, within the time specified in the notice under section 30 (2); (c) there has been a material change in the circumstances which existed at the time the permit or certificate was granted which would justify such revocation. (2) Where a permit or certificate is issued in relation to a species that is transferred from one Appendix of CITES to another Appendix of CITES, that permit or certificate shall continue to have effect for a period of six months commencing on the date of transfer or the expiry of the permit or certificate whichever is later. Appeal. 32. (1) A person who is aggrieved by a decision of the Management Authority— (a) to refuse to issue a permit or certificate; or (b) having issued a permit or certificate, to suspend or revoke the permit or certificate; may appeal in writing to the Minister within twenty-eight days of the date of notification of the decision. (2) An appeal pursuant to this section shall set out the grounds of appeal and shall be accompanied by a copy of any correspondence, documents or statements relevant to the appeal. (3) Notice in writing of the appeal together with copies of the correspondence, documents or statements referred to in subsection (2) shall be served on the Management Authority at the time when the appeal is lodged. International Trade in Wild Fauna and Flora Act CAP. 11.08 29 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (4) The Minister shall, within fourteen days of the receipt of the appeal under subsection (1), request the Management Authority to furnish him or her within thirty days, with a statement in writing setting out the reasons for its decision. (5) The Minister may order that any books, papers, documents or statements, relating to the appeal that are in the possession of the appellant or the Management Authority be produced at the hearing of the appeal. (6) The Minister shall take all reasonable steps to cause all parties to the appeal to be informed— (a) of the date of the hearing of the appeal; (b) that they may appear themselves or by their attorneys-at-law; and (c) that they may summon witnesses in their cause. (7) The Minister shall, as soon as practicable after receipt of the statement referred to in subsection (4), hear the appeal and may in writing confirm, reverse or modify the decision of the Management Authority and may give any decision that the Management Authority could have given in respect of the matter. PART VI EXEMPTIONS Exemption in relation to transit and transshipment. 33. (1) The requirement for registration, permission or a permit or certificate shall not apply to specimens in transit or to the transhipment of specimens through Saint Christopher and Nevis while the specimens remain under the control of Customs. (2) The Management Authority may inspect a specimen in transit or transhipment in order to verify the existence of an export permit issued by the competent authority of the country of export or re-export, in accordance with the provisions of CITES. Exemption in relation to personal or household effects. 34. (1) The requirement for registration, permission or a permit or certificate shall not apply to dead specimens, parts or derivatives of species listed in Appendices I, II or III of CITES that are personal or household effects exempted under CITES and being imported, exported or re-exported in compliance with Regulations under this Act. (2) The requirement for a permit or certificate may be waived by the Management Authority to allow for frequent cross-border movement of live animals regarded as personal or household effects if the owner holds a certificate of ownership issued by the Management Authority or a competent authority in a country which is a party to CITES. (3) A certificate of ownership pursuant to subsection (2)— (a) shall be issued on payment of the prescribed fee unless the fee is waived by the Minister; (b) shall be valid for a period not exceeding three years; and International Trade in 30 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (c) is renewable on condition that the holder continues to comply with this Act. (4) Notwithstanding subsection (3), the Minister may, after consultation with the Management Authority, waive any fees payable under this section subject to any conditions the Minister may impose. (5) In this section “personal or household effects” means specimens that are— (a) personally owned or possessed for non-commercial purposes; (b) legally acquired; and (c) at the time of import, export or re-export either— (i) worn or carried or included in personal baggage; or (ii) part of a household move. Exemption in relation to scientific institutions. 35. (1) Subject to subsections (4) and (5), the Management Authority may, on the application of a scientific institution in Saint Christopher and Nevis, who is engaged in activities specified in subsection (3), by Order, declare that scientific institution to be an approved scientific institution for the purpose of an exemption pursuant to this section in relation to categories of specimens specified in the Order. (2) Subject to this section, the requirement for permission or a permit or certificate shall not apply to non-commercial loans, donations and exchanges between approved scientific institutions of herbarium specimens, other preserved, dried or embedded museum specimens or live plant material which carry a label issued or approved by the Management Authority. (3) The activities referred to in subsection (1) are activities relating to— (a) live specimens or species of plants; (b) herbarium specimens; and (c) preserved, dried or embedded museum specimens in Saint Christopher and Nevis. (4) An Order pursuant to subsection (1), shall have effect— (a) for the purpose of permitting the non-commercial loan, donation or exchange of the categories of specimens specified therein; and (b) for such period as may be determined by the Management Authority after consultation with the Scientific Authority and specified in the Order. (5) The Management Authority shall not declare a scientific institution to be an approved scientific institution unless it is satisfied as to the matters specified in subsection (6). (6) The matters referred to in subsection (5) are as follows— (a) the scientific institution— (i) is owned or controlled by the Government of Saint Christopher and Nevis; International Trade in Wild Fauna and Flora Act CAP. 11.08 31 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (ii) in any case other than that referred to in subparagraph (1) does not engage in commercial transactions in the categories of specimens specified in the Order pursuant to section (1); (b) one of the scientific institution’s primary functions is the carrying out of research or investigation into specimens or species; (c) where the scientific institution is situated in Saint Christopher and Nevis, it is engaged in commercial transactions only in relation to specimens that are, or are derived from specimens that have been taken in accordance with a management programme approved by the Management Authority; (d) the scientific institution— (i) possesses resources and qualifications that enable the undertaking of research or investigation; (ii) publishes the results of its research or investigation and otherwise makes the raw data and detailed results available to the Management Authority and the public or the Government; and (iii) imports or exports specimens taken in the wild only if specimens that were bred in captivity or artificially propagated cannot be used for the purposes of research, investigation or public education; (e) the scientific institution is suitably equipped to— (i) manage, confine, care for and, where appropriate, house live specimens; (ii) maintain adequate records relating to the management, breeding, mortality and disposal of specimens; and (iii) produce those records when required by the Management Authority. (7) The Management Authority shall keep and maintain a Register of Approved Scientific Institutions in the prescribed manner. Exemption in relation to travelling exhibition. 36. (1) The Management Authority may waive the requirements for a permit or certificate pursuant to this Act and allow the movement of specimens which form part of a travelling zoo, circus, menagerie, plant exhibition or other travelling exhibition, in the following circumstances— (a) that the exporter or importer submits in writing full details of such specimens with the Management Authority; (b) it can satisfactorily be shown that the specimens were acquired before CITES applied to them; (c) it can satisfactorily be shown that the specimens were, or are a part of, or derived from any specimen of any animal species which was bred in captivity or a plant species which was artificially propagated; (d) that the Management Authority is satisfied that any living specimen will be so transported and cared for so as to minimize damage, risk or injury, damage to health or cruel treatment; and International Trade in 32 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (e) the importer or exporter holds a valid traveling certificate for each specimen issued by the Management Authority in the prescribed form or by a competent authority in a country which is a party to CITES. (2) A travelling exhibition certificate shall— (a) be in the prescribed form; (b) be issued on payment of the prescribed fee unless the fee is waived by the Minister after consultation with the Management Authority; (c) be valid for a period not exceeding three years; and (d) is renewable on condition that the holder continues to comply with this Act. Exemption in relation to pre-Convention specimens. 37. (1) Where the Management Authority is satisfied that a specimen was acquired before the provisions of this Act relating to the species listed in Appendices I, II and III of CITES, became applicable to the specimen, the requirement for a permit or certificate shall not apply to that specimen and the owner of that specimen shall, subject to subsection (2), apply for and register with the Management Authority and the Management Authority shall grant to that person, a pre-Convention certificate to that effect. (2) A pre-Convention certificate pursuant to subsection (1) shall— (a) be in the prescribed form; (b) be issued on payment of the prescribed fee unless the fee is waived by the Minister after consultation with the Management Authority; (c) be valid for a period not exceeding three years; and (d) is renewable on condition that the holder continues to comply with this Act. Exemption from export permit. 38. The requirement for an export permit or certificate of origin shall not apply to the export of captive bred animals or artificially propagated plants where the Management Authority has issued a certificate of artificial propagation or certificate of captive breeding and the Management Authority is satisfied that the specimens are captive bred animals or artificially propagated plants to which the certificate applies. Exemption from certificate of introduction from the sea. 39. The requirement for a certificate of introduction from the sea pursuant to this Act shall not apply to a specimen listed in Appendix III of CITES. International Trade in Wild Fauna and Flora Act CAP. 11.08 33 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS PART VII ENFORCEMENT Power of arrest. 40. A police officer may arrest without a warrant, a person who commits an offence specified in section 13, 14, 15 or 16. Power to seize and detain specimen. 41. (1) A national enforcement officer may seize and detain a specimen being traded internationally contrary to sections 13, 14, 15 or 16. (2) Where a national enforcement officer seizes and detains a specimen pursuant to subsection (1), the national enforcement officer may in addition seize equipment or other property which he or she reasonably suspects is being used in the commission of the offence pursuant to section 13, 14, 15 or 16. Warrant to search and seize. 42. (1) Where a national enforcement officer has reasonable grounds for suspecting that there is, or there may be within the next following seventy two hours, upon any land or in any premises, specimens contrary to the provisions of section 13, 14, 15 or 16 the national enforcement officer may lay before a Magistrate an information on oath setting out those grounds and apply for the issue of a warrant to search the land or premises for the specimens. (2) Where an application is made under subsection (1) for a search warrant, the Magistrate may, subject to section 43, issue a warrant authorising a national enforcement officer, whether named in the warrant or not, with such assistance and by such force as is necessary and reasonable to enter upon the land or upon or into the premises and to search and to— (a) seize a specimen or anything found on the land or in the premises in the course of the search that the national enforcement officer believes on reasonable grounds, to be specimens listed in Appendix I, II or III of CITES; (b) mark temporarily or permanently, take samples of or photograph any specimen or thing found on the land or in the premises in the course of the search that the national enforcement officer believes on reasonable grounds, to be specimens listed in Appendix I, II or III of CITES; (c) copy or reproduce records found on the land or premises; (d) seize equipment or other property found on the land or premises in the course of the search that the national enforcement officer believes, on reasonable grounds, to be equipment or other property being used in relation to an offence pursuant to the offence named in the warrant or any other offence pursuant to section 13, 14, 15 or 16, where the national enforcement officer believes, on reasonable grounds that it is necessary to seize that equipment or other property in order to prevent its concealment, loss or destruction or its use in committing, continuing or repeating the offence or any other offence. International Trade in 34 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS Matters to be included in warrant. 43. A warrant issued pursuant to section 42 shall include— (a) a statement of the purpose for which the warrant is issued, and a reference to the nature of the offence; (b) a description of the kind of property to be seized; (c) a time, not being later than twenty-eight days, upon which the warrant ceases to have effect; and (d) a statement as to whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night. Record of specimens and property seized. 44. (1) A national enforcement officer who seizes and detains a specimen, equipment or other property pursuant to section 41 or national enforcement officer who in executing a warrant issued pursuant to section 42 seizes or detains a specimen, equipment or other property shall— (a) take reasonable care to ensure that the specimen, equipment or other property is preserved so that it may be dealt with in accordance with the law; (b) forthwith transfer the property to the Management Authority for preservation and for it to be dealt with in accordance with the law; (c) as soon as practicable after the seizure and detention, but within a period of forty-eight hours thereafter, prepare a written report, identifying the specimen, equipment or other property seized is being detained by the Management Authority and forward a copy of the report to the Magistrate’s Court in the District where the property is being detained. (2) A Magistrate shall, on application, provide a copy of the report— (a) to the person from whom the specimen, equipment or other property was seized; and (b) to any other person who appears to the Magistrate to have an interest in the specimen, equipment or other property. (3) A request pursuant to section (2) shall be in writing and shall be supported by affidavit sworn to by the person making the request. Return of property, seized. 45. (1) Where a specimen, equipment or other property has been seized pursuant to section 41 or in execution of a warrant issued pursuant to section 42, a person who claims an interest in the property may apply to the Court for an order that the specimen, equipment or other property be returned to him or her. (2) Where a person makes an application under subsection (1) and the Court is satisfied that— (a) the person is entitled to possession of the specimen, equipment or other property; (b) the person in respect of whose conviction, charging or proposed charging the seizure of the property was made has no interest in the International Trade in Wild Fauna and Flora Act CAP. 11.08 35 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS specimen, equipment or other property; the Court shall order the Management Authority to return the specimen, equipment or other property to the person, and the Management Authority shall arrange for the property to be returned. (3) Where at the end of the period of forty-eight hours after the time when the specimen, equipment or other property was seized, a charge has not been laid in respect of an offence pursuant to section 13, 14, 15 or 16, the Management Authority shall, as soon as practicable after the end of that period and in any event within seventy two hours of the seizure and detention return the specimen, equipment or other property to the person from whose possession it was seized. Forfeiture order. 46. Specimens, equipment or other property seized or detained pursuant to section 41 or 42 which has not been returned pursuant to section 46 is liable to forfeiture on conviction of the person charged in relation to the seizure or detention. Burden of proof. 47. The burden of proof of the legal possession of any specimen of a listed species shall lie with the possessor of that specimen. Compliance by Management Authority. 48. Where a forfeiture order or any other order is made by the court in respect of a specimen, equipment or other property while the specimen, equipment or other property is in the possession of the Management Authority, the Management Authority shall deal with the specimen, equipment or other property as directed by the order. PART VIII OFFENCES AND PENALTIES False or misleading statements. 49. (1) A person shall not— (a) for the purposes of obtaining any permit or certificate under this Act, whether for himself or herself or for any other person, make any declaration or statement which is false or misleading; (b) knowingly furnish to a national enforcement officer or person performing any duty in relation to this Act, a document that to the knowledge of the first mentioned person contains information which is false or misleading in any particular; (c) knowingly utter, produce, or make use of any such declaration or statement or any document containing any false declaration or statement; or (d) falsify or unlawfully amend any information contained in a permit or certificate. International Trade in 36 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding ten years or both. National enforcement officer. 50. (1) The Minister may appoint qualified persons as national enforcement officers, which may include police officers and customs officers, as may be prescribed. (2) A person shall not— (a) threaten, assault, obstruct or otherwise hinder the Management Authority or an officer of the Management Authority or other person authorised by the Management Authority in the performance of his or her duties; (b) bribe or attempt to bribe the Management Authority or an officer of or other person authorised by the Management Authority. (3) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding three years or both. Alteration, defacing or erasing of a mark. 51. (1) A person shall not unless authorised by a Management Authority alter, deface or erase an authorised mark referred to in section 55. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding two years or to both. Offences by a body corporate. 52. (1) Where an offence under this Act which is committed by a body corporate is proved to be committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to be acting in any of such capacity, that person as well as the body corporate commit an offence and shall be liable to be proceeded against and punished accordingly. (2) In this section, “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under public ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate. PART IX MISCELLANEOUS Requirement for approval under other laws. 53. (1) Registration or a permit, certificate or permission granted pursuant to this Act shall not have the effect of dispensing with the requirement of approval where International Trade in Wild Fauna and Flora Act CAP. 11.08 37 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS such approval is required pursuant to any other law in force in Saint Christopher and Nevis. (2) For the purposes of this section “approval” includes registration, permit, certificate, permission and authorisation. Marking of specimens. 54. The Management Authority, may, where it deems appropriate, cause any specimen that is being internationally traded to be marked with an authorised mark that is capable of identifying a specimen and is designed in such a manner as to prevent the imitation thereof by unauthorized persons. Protection of members of Management Authority and Scientific Authority. 55. (1) No action, suit, prosecution or other proceedings shall be brought or instituted personally against any member of the Management Authority or the Scientific Authority in respect of any act done in good faith pursuant to or in execution of or intended execution of that Authority’s functions under this Act. (2) Where any member of an Authority referred to in subsection (1) is exempt from liability by reason only of the provisions of subsection (1), the Authority shall be liable to the extent that it would if that member was a servant or an agent of the Authority. Recommendations by the public. 56. Any member of the public may, in writing, recommend to the Management Authority, that any specimen of a species be proposed for inclusion on or exclusion from the Appendices of CITES, giving reasons for such recommendation and the Management Authority shall refer that proposal to the Scientific Authority for advice. Amendment of First Schedule. 57. (1) Subject to subsection (2), the Minister may by Order, amend the First Schedule. (2) The Minister may amend Appendices I, II or III of CITES by Order, whenever Appendix I, II or III of CITES is amended as a result of a decision of the Conference of Parties to CITES and Saint Christopher and Nevis has entered no reservations in relation thereto. Regulations. 58. (1) The Minister may make Regulations for the purposes of giving effect to provisions of this Act and in particular, but without prejudice to the generality of the foregoing, such Regulations may— (a) contain provisions in relation to— (i) the carrying into effect of CITES and any amendment thereto and international standards and recommended practices for the protection and conservation of wild fauna and flora affected or likely to be affected by international trade; (ii) the certification and registration of businesses which conduct artificial propagation of plants listed in Appendices I, II or III of CITES; International Trade in 38 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (iii) the certification and registration of businesses which conduct breeding in captivity of any animal listed in Appendices I, II or III of CITES; (b) prescribe— (i) the procedures for applications for the issue of permits or certificates; (ii) the fees payable in respect of anything done pursuant to this Act; (iii) the manner of keeping registers, records and the contents and the form of such registers and records; (iv) conditions and procedures for the treatment of specimens referred to in sections 35, 36, and 37, live animals referred to in section 34(2), captive bred animals and artificially propagated plants referred to in section 15; (v) the form, conditions and procedure for the application or requirement for a permit for sale for the purposes of international trade; (vi) the form, conditions and procedures for the application or requirement for a permit for the purposes or as a result of international trade; (vii) biological criteria and trade criteria for proposals for the inclusion of species in Appendices I, II or III of CITES; and (viii) any other matter required by this Act to be prescribed; (c) specify procedures relating to the branding, packaging, marking either permanently or temporarily and labelling of species listed in Appendices I, II or III of CITES for the purposes of identification; (2) Regulations made under subsection (1), may provide for the imposition of penalties on summary conviction of a fine not exceeding five thousand dollars or imprisonment for a term not exceeding one year or to both. International Trade in Wild Fauna and Flora Act CAP. 11.08 39 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS FIRST SCHEDULE Interpretation 1 Species included in these Appendices are referred to: (a) by the name of the species; or (b) as being all of the species included in a higher taxon or designated part thereof. 2. The abbreviation “spp.” Is used to denote all species of a higher taxon. 3. Other references to taxa higher than species are for the purposes of information or classification only. The common names included after the scientific names of families are for reference only. They are intended to indicate the species within the family concerned that are included in the Appendices. In most cases this is not all of the species within the family. 4. The following abbreviations are used for plant taxa below the level of species: (a) “ssp.” is used to denote subspecies; and (b) “var(s).” is used to denote variety (varieties). 5. As none of the species or higher taxa of FLORA included in Appendix Ι is annotated to the effect that its hybrids shall be treated in accordance with the provisions of Article ΙΙΙ of the Convention, this means that artificially propagated hybrids produced from one or more of these species or taxa may be traded with a certificate of artificial propagation, and that seeds and pollen (including pollinia), cut flowers, seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers of these hybrids are not subject to the provisions of the Convention. 6. The names of the countries in parentheses placed against the names of species in Appendix ΙΙΙ are those of the Parties submitting these species for inclusion in this Appendix. 7. When a species is included in one of the Appendices, the whole, live or dead, animal or plant is included. In addition, for animal species listed in Appendix ΙΙΙ and plant species listed in Appendix ΙΙ or ΙΙΙ, all parts and derivatives of the species are also included in the same Appendix unless the species is annotated to indicate that only specific parts and derivatives are included. The symbol # followed by a number placed against the name of a species or higher taxon included in Appendix ΙΙΙ or ΙΙΙ refers to a footnote that indicates the parts or derivatives of animals or plants that are International Trade in 40 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS designated as ‘specimens’ subject to the provisions of the Convention in accordance with Article Ι, paragraph (b), subparagraph (ii) or (iii). 8. The terms and expressions below, used in annotations in these Appendices, are defined as follows: Extract Any substance obtained directly from plant material by physical or chemical means regardless of the manufacturing process. An extract may be solid (e.g. crystals, resin, fine or coarse particles), semi-solid (e.g. gums, waxes) or liquid (e.g. solutions, tinctures, oil and essential oils). Finished musical instruments A musical instrument (as referenced by the Harmonized System of the World Customs Organization, Chapter 92; musical instruments, parts and accessories of such articles) that is ready to play or needs only in the installation of parts to make it playable. This term includes antique instruments (as defined by the Harmonized System codes 97.05 and 97.06; Works of art, collectors’ pieces and antiques). Finished musical instrument accessories A musical instrument accessory (as referenced by the Harmonized System of the World Customs Organization, Chapter 92; musical instruments, parts and accessories of such articles) that is separate from the musical instrument, and is specifically designed or shaped to be used explicitly in association with an instrument, and that requires no further modification to be used. Finished musical instrument parts A part (as referenced by the Harmonized System of the World Customs organization, Chapter 92; musical instruments, parts and accessories of such articles) of a musical instrument that is ready to install and is specifically designed and shaped to be used explicitly in association with the instrument to make it playable. Finished products packaged and ready for retail trade Products, shipped singly or in bulk, requiring no further processing, packaged, labelled for final use or the retail trade in a state fit for being sold to or used by the general public. Powder A dry, solid substance in the form of fine or coarse particles. International Trade in Wild Fauna and Flora Act CAP. 11.08 41 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS Shipment Cargo transported under the terms of a single bill of lading or air waybill, irrespective of the quantity or number of containers or packages; or pieces worn, carried or included in personal baggage. Ten (10) kg per shipment For the term “10 kg per shipment”, the 10 kg limit should be interpreted as referring to the weight of the individual portions of each item in the shipment made of wood of the species concerned. In other words, the 10 kg limit is to be assessed against the weight of the individual portions of wood of Dalbergia/Guibourtia species contained in each item of the shipment, rather than against the total weight of the shipment. Transformed wood Defined by Harmonized System code 44.09: Wood (including strips, friezes for parquet flooring, not assembled), continuously shaped (tongued, grooved, v jointed, beaded or the like) along any edges, ends or faces, whether or not planed, sanded or end-jointed. Woodchips Wood that has been reduced to small pieces. Appendices Ι, ΙΙ & ΙΙΙ (26/11/2019) — p. 2 International Trade in 42 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in Wild Fauna and Flora Act CAP. 11.08 43 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in 44 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in Wild Fauna and Flora Act CAP. 11.08 45 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in 46 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in Wild Fauna and Flora Act CAP. 11.08 47 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in 48 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in Wild Fauna and Flora Act CAP. 11.08 49 Revision Date: 31 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Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in 98 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in Wild Fauna and Flora Act CAP. 11.08 99 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in 100 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in Wild Fauna and Flora Act CAP. 11.08 101 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in 102 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in Wild Fauna and Flora Act CAP. 11.08 103 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in 104 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in Wild Fauna and Flora Act CAP. 11.08 105 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in 106 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in Wild Fauna and Flora Act CAP. 11.08 107 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in 108 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in Wild Fauna and Flora Act CAP. 11.08 109 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in 110 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in Wild Fauna and Flora Act CAP. 11.08 111 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in 112 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in Wild Fauna and Flora Act CAP. 11.08 113 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS International Trade in 114 CAP. 11.08 Wild Fauna and Flora Act Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS (Substituted by S.R.O. 26/2020) International Trade in Wild Fauna and Flora Act CAP. 11.08 115 Revision Date: 31 Dec 2020 LAWS OF SAINT CHRISTOPHER AND NEVIS SECOND SCHEDULE (Section 8) INTERNATIONAL TRADE IN WILD FLORA AND FAUNA (DESIGNATION OF SCIENTIFIC AUTHORITY) ORDER Citation. 1. This Order may be cited as the International Trade in Wild Flora and Fauna (Designation of Scientific Authority) Order. Designation of Scientific Authority. 2. Pursuant to the provisions of section 8 of the International Trade in Wild Flora and Fauna Act, Cap. 11.08, the Minister designates the Scientific Authority to be comprised of the following: Director of Agriculture Nevis Director of Marine Resources Director of Department of Environment Deputy Director of Marine Resources, Nevis. (Inserted by S.R.O. 21/2020) THIRD SCHEDULE (Section 7) INTERNATIONAL TRADE IN WILD FLORA AND FAUNA (DESIGNATION OF MANAGEMENT AUTHORITY) ORDER Citation. 1. This Order may be cited as the International Trade in Wild Flora and Fauna (Designation of Management Authority) Order. Designation of Management Authority. 2. Pursuant to the provisions of section 7 of the International Trade in Wild Flora and Fauna Act, Cap. 11.08, the Minister designates the Management Authority to be the Director of Agriculture. (Inserted by S.R.O. 22/2020)