Wildlife Protection Act, 1980 (Act No. 9 of 1980)

No.9.] [L.S.] ~7 Wildlife Protection Act I ASSENT BOSWELL WILLIAMS, Acting Governor-General. 19th September, 1980. SAINT LUCIA No.9 of 1980. [1980. AN Acr to make provision for the protection, conserva tion and management of wildlife in Saint Lucia. [ 19th September, 1980. ] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Parliament of Saint Lucia, and by the authority of the same, as follows: PRELIMINARY 1. This Act may be cited as the Wildlife Protection Short Title. Act, 1980. No.9.] 48 Wildlife Protection Act [1980. Interpretation. 2. In this Act unless the context otherwise requires " alien wildlife" means any species of wildlife not indigenous to Saint Lucia; " close season " means any period declared to be a close season under section 9 of this Act; " court " means a court of summary jurisdiction; "deleterious substance" means any substance which if added to water would endanger the subsistence and maintenance offish and other aquatic life residing in water; "forest officer" means any person appointed as such under the Forest, Soil and Water Con servationOrdinance, and includes a person so appointed by virtue of his office; " gun " includes an airgun, pellet gun, sling shot and any device capable of propelling shots, bullets or missiles ; "hunt" means to seek, stalk, shoot, pursue or to attempt to seek, stalk, shoot or pursue; " Minister" means the Minister responsible for matters relating to wildlife; "officer" means a Wildlife Protection Officer appointed by or under this Act; " open season" means any period during which a specified species or group of species of wildlife may be hunted or taken; "partially protected wildlife" means any species of wildlife specified in the Second Schedule; "protected wildlife" means any species of wildlife specified in the First Schedule; " take" means to kill, capture, snare, trap, net, carry away, or to attempt to kill, capture, No.9.] 49 Wildlife Protection Act [1980. snare, trap, net, carry away or by any means other than a means specified in section 16 of this Act; "territorial sea" means a distance of twelve nautical miles round the shores of Saint Lucia; "unprotected wildlife" means any species of wild life which is specified in the Third Schedule; " wildlife" means any species of the following groups living beyond the control of man: (a) mammals; (b) birds and the eggs thereof; (c) frogs and the eggs thereof; (d) reptiles; (e) fishes, their fry and eggs ; and (f) crustaceans; "wildlife reserve" means any area declared as such under this Act. PART I ADMINISTRATION 3.-(1) There shall be appointed a Chief Wildlife ~p~:tmen~ Protection Officer whose office shall be a public office ~ther ~ildlife and who shall be charged with the duties and possess Porffiotecrion cers, the powers conferred by or under this Act. He shall act under the authority of the Minister and under the general direction of the Permanent Secretary of the Ministry. He shall have supervision of the other wild life protection officers and may delegate to any of them any of his duties and powers under this Act. In the absence of any other appointment the Chief Agricul tural Officer shall be the Chief Wildlife Protection Officer. No.9.] 50 Wildlife Protection Act [1980. Duties of Chid vVildlife I,}.!Otcction Officer. Wildlife Protection Officers to have rights and privileges of Police' Constables. (2) There shall be appointed such other public officers to be known as Wildlife Protection Officers as are necessary for the purposes of this Act. In the absence of any other appointment all Forest Officers are hereby appointed Wildlife Protection Officers. Every Wildlife Protection Officer shall perform such duties and possess such powers under this Act as may be assigned to him by the Chief Wildlife Protection Officer. 4.-(1) The duties and powers of the Chief Wildlife Protection Officer shall be: (a) To administer and enforce the provisions of this Act and the Rules thereunder; (b) To carry out research or surveys for the pro tection, control or disposition of wildlife or wildlife products including the establishment of laboratories, zoos, and other related services; (c) To gather, print and circulate information and reports pertaining to wildlife; (d) To enter into contracts with individuals, agencies or companies for the construction of trails, roads, boundary marks, building hatch eries and other works for wildlife; (e) To provide facilities for visitors to wildlife reserves, zoos and other related establish ments; (f) To engage in all other activities necessary for the purposes of this Act. 5. For the purpose of carrying out the provisions of this Act, every Wildlife Protection Officer shall have the authority, privileges and protection of a police constable conferred or granted by any law in force in Saint Lucia. No.9.] 51 Wildlife Protection Act PART II [1980. WILDLIFE MANAGEMENT PROTECTION AND CONTROL 6. Wildlife, resident or migratory, indigenous or 'Wildlife alien, found in Saint Lucia, except fish, frogs or t~a::n: of crustaceans in private ponds, are the property of the Crown and may be taken or hunted only at such times, in such places and in such manner as is provided by this Act. 7. The Minister may: - Minister may declare wildlife (a) by Order declare any area of land or water or reserve. the territorial sea to be a wildlife reserve; (b) lease, exchange, buy or sell any property for use as a wildlife reserve. 8. Wildlife is hereby divided into three categories, Scheduler 1 d ildlif ifi d J h F' Classificationname y, protecte w e as speer e In t e irst of wildlife. Schedule, partially protected wildlife as specified in the Second Schedule and Unprotected Wildlife as specified in the Third Schedule. 9.-(1) The Minister may by statutory instrument; - Power of ( dd d 1 f f h . Minister to a) a to, vary ore ete rom any 0 t e species vary Schedules: of wildlife specified in any of the said to pro~ide for protecnon or Schedules ; control of (b) k .. f th . 1 wildlife: or toma e prOVISIOn or e protection or contra declare close of any of the species of wildlife listed in any season. of the said Schedules; (c) declare a close season for any of the species of wildlife specified in the Second Schedule. (2) The powers of the Minister under this section shall include the power by statutory instrument as afore said to declare, for any period not exceeding three years, a close season in respect of any or all of the species of wildlife specified in the Second Schedule. No.9.] 52 Wildlife Protection Act PART III LICENSES AND PERMITS [1980. Power of Minister to issue licences and permits for certain purposes. Validity and duration of licence. 10.-(1) The Minister may, on application made to him, issue licences for any of the following purposes, namely: (a) to hunt or to take wildlife in a wildlife reserve; (b) to import or export any wildlife into or from Saint Lucia; (c) to keep any wildlife in captivity. (2) A licence issued under the preceding subsection may contain such conditions as the Minister may think fit. (3) The Minister may issue permits to any recognized scientific, cultural or educational organization to hunt or to take wildlife. Such permits may specify the wild life to be hunted or taken, the person authorised to do so and any other condition which the Minister considers necessary or appropriate. (4) Except by the authority of a licence or permit issued by the Minister under this section, it shall be an offence against this Act for any person to hunt or to take any wildlife in a wildlife reserve. 11.-(1) A licence issued under section 10 (1) by this Act shall be valid only for the period during which it is issued and shall in any event expire on 31st December following the date of issue. (2) Every such licence shall be valid only in respect of the person to whom it is issued and shall not be transferable. (3) Every holder of such licence shall carry ~t with him when engaged in any activity authorised by It ; and he shall show such licence upon the request of any Wild life Protection Officer. No.9.] 53 Wildlife Protection Act (1980. 12.-(1) The Minister may at any time in his discre- F7es for . I li .. d der thi licences andnon cance any cence or permit issue un er this part. permits; . cancellation. (2) Where any licence or permit has been lost, stolen or destroyed a duplicate may be issued by the Minister upon payment of the prescribed fee. 13. A licence or permit issued under the provisions of this Act shall not confer upon the holder thereof any right to enter upon any private lands or waters. PART IV OFFENCES AND PENALTIES Licence does not confer rights to enter upon private property, 14. Except by authority of a licence or permit issued Hunting or under section 10 of this Act, any person who: - t~~~;cted ( ) h k d ildlif h wildlife. a unts or ta es any protecte wear t e eggs, fry or young thereof; (b) damages or destroys the nest, fry or young of any protected wildlife; (c) permits any dog to enter or to be in wildlife reserve; (d) carries in a wildlife reserve any gun or weapon or device capable of being used to hunt or to take any protected wildlife; shall be guilty of an offence under this Act. 15. Any person who during a close season: (a) takes or hunts any partially protected wildlife; or (b) damages or destroys the nest or egg of any partially protected wildlife, shall be guilty of an offence against this Act. Taking or hunting partially protected wildlife. 54 No.9.] Wildlife Protection Act [1980. 16. Any person who: (a) sets in any position any electrical device designed to frighten any protected or partially protected wildlife; (b) sets in any position any article of any nature and which is likely to cause or is calculated to cause injury to any protected wildlife; (c) sets in any place any noxious substance for the purpose of killing, taking, injuring or stupify ing or which is likely or calculated to kill, injure or stupify or is otherwise injurious to any protected or partially protected wildlife; (d) for the purpose of killing or capturing any protected or partially protected wildlife, uses any live animal or any decoy or appliance whatsoever; (e) uses any form of artificial light for the purpose of killing or capturing any protected or partially protected wildlife; (f) deposits or permits the deposit of any deleteri ous substance of any type in water frequented by fish, shrimps or crabs or in any place where such deleterious substance may enter such water; (g) constructs or excavates or maintains any pit for the purpose of catching or killing wildlife; (h) engaged in logging, lumbering, land clearing or other operation puts or Permits to be put or to flow any slash, stumps or other debris into any water frequented by fish, shrimps, or crabs ; shall be guilty of an offence under this Act. Using electrical or other devices to frighten or injure wildlife; using noxious and other substances to take wildlife. Possession of wildlife. 17. Any person who: (a) except by authority of a licence issued under section 10 of this Act, has in his possession or control any protected wildlife; (b) exposes or offers for sale or purchases any No.9.] 55 Wildlife Protection Act [1980. protected wildlife or any part of such wildlife or the eggs, fry or young thereof; (c) has in his possession or control any partially protected wildlife or any part of any such wild life or the eggs, fry or young thereof during the close season; (d) exposes or offers for sale or purchases any partially protected wildlife during the close season or the eggs, fry or young thereof during the close season; (e) imports or exports any wildlife into or from Saint Lucia without first having obtained a licence; shall be guilty of an offence under this Act. 18.-(1) Subject to the provisions of this Act and of any other law, it shall be lawful to hunt or to take any species of wildlife specified in the Third Schedule; but no such species of wildlife shall be kept in captivity without a licence issued by the Minister under section 10 (1) of this Act. (2) Any person who keeps in captivity any species of wildlife listed in the Third Schedule without having obtained a licence shall be guilty of an offence under this Act. 19. Where protected wildlife is alleged to be causing damage to any crops, land or other private property, the owner or occupier thereof may report the same to the Minister who shall expeditiously take such action as may be considered necessary, including the granting of any licence, to kill any such wildlife. Licence to keep in captivity. Action to protect private property. 20.-0) If any officer has reasonable grounds for Powers of suspecting that any person has contravened any of the officers to search and provision of this Act he may: - seize. No.9.] 56 Wildlife Protection Act (1980. Arrest of person found committing an offence. (a) stop and search any such person and any vehicle, boat or other conveyance in the possession of such person or in which such person happens to be, and open and search any baggage or other thing in his possession; (b) enter and search any tent or land in the occupation of any such person; (c) under the authority of a warrant issued by a Magistrate, enter and search any building in the occupation of any such person, and seize any protected or partially protected wildlife in the possession of any such person; (d) seize all guns, dogs, boats, vehicles or other equipment which he may have cause reason ably to suspect to have been used by such person in connection with any such contraven tion. (2) When any person IS convicted of an offence against this Act, any protected or partially protected wildlife or the nest or eggs thereof or any gun, weapons dog, boat, vehicle or other article in respect of or by means of which the offence was committed shall be forfeited to the Crown. Such forfeiture may be in addition to any other penalty to which such person is liable under this Act. 21.-(1) Where any person is found committing an offence against this Act, any officer may require any such person to give his name and place of abode; and may arrest any such person if: (a) such person refuses to give his name or place of abode to the satisfaction of the officer; or (b) gives a name or place of abode which is false. 57 No.9.] Wildlife Protection Act (2) Any person required as aforesaid to give his name or place of abode who refuses to do so or who gives a name or place of abode which is false shall be guilty of an offence against this Act. [1980. 22. Any person who assaults, hinders, obstructs or Assault or resisting resists an officer in the execution of his duty under this officer. Act shall be guilty of an offence. 23.-(1) All complaints for offences against this Act shall be laid in the name of an officer. (2) Where an officer makes a complaint against another person for an offence against this Act any other officer may appear on his behalf before the Court hearing the said complaint; and shall have the same privileges as to addressing the Court and as to examin ing witnessess as if he were the Complainant. (3) Any Police Officer may conduct the prosecution of any complaint under this Act notwithstanding that such complaint was not laid by a member of the Police Force. (4) In any proceedings before the Court the state ment of an officer that the species in issue is one of the species of wildlife listed in any of the Schedules here under shall be prima facie evidence of that fact. Complaints to be laid by an officer but may be prosecuted by another officer or by Police Officer. 24.-(1) All offences committed against this Act Jurisdiction. shall be tried and punishable by a Court. (2) Where an offence against this Act is committed on the sea coast or at sea Of within the territorial waters of Saint Lucia, it may be tried by a Court in any district abutting such sea coast or adjoining such sea. (3) Where any offence against this Act is committed in or from any water forming the boundary between any two Courts it may be tried in either of such Courts. No.9.] 58 Wildlife Protection Act [1980. Penalties. 25. Any person guilty of an offence against this Act shall be liable on summary conviction to a fine not exceeding five thousand dollars or to a term of imprisonment not exceeding twelve months. Pruvisions to 26.-(1) The Minister may by statutory instru make Statutory • Instruments. ment. (a) prescribe the scale of fees payable for licenses or permits issued under this Act; (b) make provision for the control and administra tion of any wildlife reserve; (c) make provision for the protection or control of any species of wildlife listed in any of the Schedules to this Act; (d) do all such other things as may be necessary for the fulfilment of the purposes of this Act (2) A statutory instrument made under the pro visions of the preceding subsection may provide for the imposition of a fine not exceeding two hundred and fifty dollars or imprisonment for three months for contravention of any of the provisions thereof on summary conviction therefor. Powers of Minister. 27.-(1) The Minister may, from time to time by writing under his hand, empower an officer: (a) to accept from any person who has admitted in writing or in the presence of at least one witness not being an Officer that he has com mitted an offence against this Act, a sum of money not exceeding five hundred dollars by way of compensation for such offence; (b) when any property has been seized under this Act, to release the same on payment of the value thereof as estimated by such officer. No.9.] 59 "J Wildlife Protection Act [1980. (2) On payment of such sum of money or such value, or both, as the case may be, to such officer, the person so admitting the commission of such offence, if in custody, shall be discharged, the property, if any, shall be released, and no further proceedings shall be taken against such person or property in respect of such offence. (3) All monies received by such officer under this section shall be paid promptly into the Treasury by the officer receiving the same. 28. The Wild Birds Protection Ordinance is hereby Repeals repealed. Cap. 4+ Passed in the House of Assembly this 17th day of June, 1980. CLARENCE RAMBALLY, Speaker. Passed in the Senate this 25th day of August, 1980. CALIXTE GEORGE, President. No.9.] 60 Wildlife Protection Act SCHEDULES FmST SCHEDULE [1980. (Section 8 (1) Local Name Agouti Couresse Zandoli terre Zandoli Bois Tete Chien Manicon PROTECTED WILDLIFE EngZiIlh Name Agouti Meadow Snake Ground Lizard Iguana Boo. Constrictor Oppossum (Mammals & Rep~i1es) FamiZy G1·Qt'P Scientific Name Rodentia Dasiprocta. agouti Colubridae Leimadophis ornatus Teiidae Onemidophorus vanzoi Igusnidae Iguana. iguana BOM Constrictor Constrictor Orphius Didelphis Marsuplalis PROTECTED WILDLIFE (Birds) Local Name English Name Family GrO'up Scientific Name Moisson Yellow Grass Finch Sicalis luteola Pere Noir Bullfinch JFringilltdae Loxigilla noctis Moisson Pied Blanc St. Lucia Black Finch Melanospiza. riohardsoni Si Si Zebe Black Faced Grass Quit Tiaris Bicolor Gros Bee Streaked Saltator Saltator albicollis Merle Babed Dwarf Cowbird Molothrus bonarienais Merle St. Lucia Grackle } Interidae Quiscalus lugubrisCarouge St. Lucia Oriole Icterus laudabilis Perruehe Blue-Hooded Euphonia Thraupid.a.e Tanagra. musics. Sucrier Panans Quit Coerebidae Coereba flaveola Sucrier ~Ia.ng Yellow Warbler l Dendroica petechiaPetit Chit Cape May Warbler D tigrinaSucrier Babad St. Lucia Warbler D adeleidae Chip BlackPool Warbler D breviunguis Pied Blanc Semper's Warbler Parulidae Leucopeza. semperi No Locs.l Name OvenBird Seiurus aurocs.pillus No Local Name Water Thrush S noveboracensis Carougette American Redstart Setophaga ruticilla Pegree Black-Whiskered Vireo Vireonidae Vireo altiloquus Grieve-A·Lunettes Barre-Eyed Thrush } Turdus nudigenis Mauvis St. Lucia Thrush Turdidae Cichlherminia I'herminieri Sifleur Montagne St. Lucia Solitaire Myadestes genibarbis Pied Carrean Tropical Mockingbird }M~ Mimus gilvus Grieve Sealey-Breasted Thrasher Margarops fUSCUR Gros Grieve Pearly-Eyed Thrasher M fuscatus Trembleur Trembler Cinclocerthia ruflcauda George Blanc St. Lucia Thrasher Ramphocinclus brachyurus Rossignol St. Lucia Wren Troglodytidae Troglodytes aedon Hirondelle Purple Martin } Progne subis lIirondelle Rouge Barn Swallow Hirundinidae Hirundo rustica. Hirondelle Blanc Cliff Swallow Petrochelidon pyrrhonota Pipirite Grey Kingbird } 'I'yrnnnus dominicensis Gros Tete St. Lucia Flycatcher Tyrannidae Myiarehus tyrannulus GobeMouche St. Lucia Peewee Contopus latirostris 61 No.9.] Wildlife Protection Act PROTECTED WILDLIFE (Birds) [1980. Local Name Engli8h Name l!'amily Group Scie-ntific Name Elaenia martinica Ceryle alcyon Eulampis J ugularis Sericotes holoserieeus Orthorhyncus Chaetuxa martinica Cypseloides niger Caprimulgus rufus Coccyzus minor Crotophaga ani Amazona versicolor Columba squamosa Geotrygon montana G mystacea Lams atricillo. Geloohelidon milotica Sterna. Douga.Ilii S anaothetus S fuscata S albifrons S hirundo Thalasseus maximus Anous stolidus Porzana carolina Porphyrula martinica Gallinula chloropus Fulica caribaca Falco peregrinus F columbarius F sparverius Pandion haliaetua Buteo platypterus Buteogallus anthracinus Circus cyaneus Dendrocygna autumnalis Anas discors A americana Aythya. collaris . A affinis Oxyura jamaieensis Arden herodias Casmerodius albus Nycticorax nycticorax Butorides virescens Florida caerulea Ardeola ibis Psittecidae Laridae Faloonidae ArdeidM } Rallidae } Pandionidae } Acoipitride.e } Oolumbidae 1 Colibri Vert Piola Pie Colibri Rouge Caribbean Elaenie Belted Kingfisher Alcedinidae Red-Throated } Hummingbird Trocnilidae Blue-Breasted Hummingbird Fou Fou Gilt-Crested Hummingbird} Hirondelle Lesser-Antillean Swift Apodidao Hirondelle Montagne Black Swift Oent-Ooup-Deoouteau St. Lucia Goatsueker Oaprimulgidae Coucou Manioo Mangrove Cuckoo } Cuculidae Merle Corbesu Smooth-Biled Ani Jacquot St. Lucia Parrot Ramier Red-Necked Pigeon Pedrix Rouge Mountain Partridge Pedrix Croissant Bridled Qual Dove Pigeon 180 Mer Sea Gull Four Gull-Billed Tern Carette Roseate Tern Thoirour Bridled Tern Twaoo Hurricane Bird No Local Name Least Tern Fou Common Tem Mauve Royal Tern Moien Brown Noddy Rale Sora Rail Cascambol Purple Gallinule Poule Dleau Water Fowl No LocaJ. Name Caribbean Coot Peregrin Duck Hawk Gri Gri Montagne Pigeon Hawk Gri Gri Poulet Sparrow Hawk Ma.lfini La Mer Sea Eagle Malfini Chicken Hawk Crabier Crab Hawk Killee-K.illee Marsh Hawk Carnard Bois Black-Bellied Duck Sarcelle Blue-Winged Teal Canard Sauvage American Wigeon Fuligue Ring-Necked Duck Canard Nair Lesser Scaup Canard Sauvage Ruddy Duck Crabier Great Blue Heron Crabier Blanc Common Egret Crabier Ia Nuit Black-Crowned Heron Caiallee Green Heron Craber Nois Blue Heron Grade Boeuf Cattle Egret 62 Wildlife Protection Act SECOND SCHEDULE PARTIALLY PROTECTED WILDLIFE (Birds) [1980. (Section 8 (1» Scientific Name Nyctanassa. violaeea Peleca.nus occidentalis Podilymbus podiceps Zenada auriculate. Z aurita Columbigallina passerine Nemenius phaeopus Actitis macularia Tringa Solitaria T fiavipes T melanoleuca Catoptrophorus semipalma.tus CaIidris fuscico1lis C minutilla C pusilla C melanotos Micropalama himantop Bartramia Iongicauda Crocethia alba Limnodromus griseus Tryngites subruficollis Himantopus himantopus Charadrius semipalmatus C coUaris C wilsonia. C voieferus .Arena.ria interpres Pluvialis dominica Squata.rola squatarola Fregata msgnificens ma.gn.ifieiens Phalacrocora. &Uritu8 Sula leucogaster S aula S dactylatm Phaethon aethereua P lepturus Puffinus l'herminieri P gravis Family Group } Peleeanidae Podieipedidae } Columbidae Fregatida.e Phelaorocoracidae } Sulidae } Phaethontida.e } ProceUariidae } Scolopacidae } Recurvirostrida.e 1 ~ Charadriidae I English Name Yellow-Crowned Heron Brown Pelican Pied-Billed Grebe Torpedo Dove Wood Dove Ground Dove Curlew Spotted Sandpiper Solitary Sandpiper Lesser Yellowlegs Greater Yellowlegs Willet White.Rumped Sandpiper Least Sandpiper Bemi-Palmated Sandpiper Pectoral Sandpiper Stilt Sandpiper Upland Sandpiper Sanderling American Dowitcher Buff-Breasted Sandpiper Stilt Semi-Palmated Plover Thiok·Billed Plover Killdeer Ruddy Turnstone Golden Plover Black-Bellied Plover Frigate Bird Double-Crested Cormorant Brown Booby Red-Footed Booby Blue·Faced Booby Red·Billed Tropic Bird Yellow·Billed Tropic Bird Audubon's Shearwater Great Shearwa.ter No Local Name FouBnms Fou Blanc Fou Blanc Paille-en-Queue Paille-en-Queue Diablotin No Local Name Beeasse Ricuit No Local Name do. do. do. do. do. do. do. Boca.ssine Beaass-a-Ocllier No Local Name do. Calico No Local Name do. Cissesu No.9.] Local Name Crabier Bois Grand Gorge Plongeon Touterelle Ortolan Touterelle Ortolan Tivi. Tivi Beeasse Dos Noir Pied Jaune Pied Long Aile Blanc Local, Name Fer-de-lance Souris Rat Mongoose THIRD SCHEDULE UNPROTECTED WILDLIFE English Name Family Group Serpent Viperidae Mice , Rats J Rodentia Mongoose -Carnivore. (Section 8 (I» Scientifu; N arne Bothrops caribbaeus Musculus-All Rattus ~ecies Herpestes auropunctaeus SAINT LUCIA P1UNI'ED BY 1'BB OOVJmNMENT PRINIl!R AT THE GOVERNMENT PlUNTlNG OP'PIC1!. CASTRIEs. 1980. [ Price $1.60 ]