Wild Animals Law, 1963

TheWild Animals Law,1963 (No.16 of 1963) AS AMENDED BY THE WILD ANIMALS LAW (AMENDMENT) EDICT 1975 THE WILD ANIMALS LAW, 19b3 ARRANGEMENT OF SECTIONS PART I - PRELIMINARY Section 1. Short title and commencement. 2. Interpretation. 3. Appointment of officers. PART II - PROHIBITED ANIMALS, SPECIALLY PROTECTED ANIMALS AND PROTECTED ANIMALS 4. Prohibited animals. 5. Permission to hunt prohibited animals. 6. Specially protected animals and protected animals. 7. Licence to hunt specially protected and protected animals. 8. Suspension of licence. 9. Hunting of female animals with young prohibited. 10. Permission or licence to cover assistants. 11. Animals killed in defence of life or property. PART III - GAME RESERVES, GAME SANCTUARIEr AND CLOSE SEASONS 12. Game Reserves. 13. Notice of intention to create a game reserve. 14. Duties of the Game Reserve Settlement Officer. 15. Officer to have judicial powers. 16. Publication of judgment. 17. Appeals. 18. Modification of judgment. 19. Constitution of game reserve. 20. Modification of the order constituting game reserve. 21. Further powers affecting rights. 22. Extinguishment of rights. 23. Extinguishment of rights by non-use. 24. Rights not to be alienated without consen r of Minister. 25. Acts prohibited in proposed game reserve. 2b. Restriction of entry to game reserve. 27. Acts prohibited in game reserve. 28. Officers permitted to perform prohibited acts. 29. Power to declare game sanctuary. 30. t~nting in game sanctuary prohibited. 31. Declaration of close season. 32. Hunting of animals in close season prohibited. PART IV - RESTRICTION ON METHODS OF HUNTING AND DISTURBING WILD ANIMALS 33. Restriction on methods of hunting and disturbing animals. 34. Use of motor vehicle or aircraft for hunting prohibited. 35. Use of motor vehicle or aircraft to stampede animals prohibited. 2 PART V - TRAFFIC IN TROPHLES 36. Possession of trophy. 37. Onus of proof. 38. Declaration of trophy. 39. Disposal of trophy. 39A Trophy Dealer I s Licence. 40. Government ownership of animals. 41. Disposal of Government property. 42. Finding of remains of elephant or rhinoceros. 43. Finding remains of other specially protected animals. PART VI - GENERAL PROVISIONS 44. Destruction of animals for necessity. 45. Wh~re animal killed by necessity is elephant. 46. Power to search and seize. 47. Power to arrest. 48. Payment for information leading to conviction of offender. 49. Eggs of birds. 50. Possession or sale of powdered rhinoceros horn. 51. Power to prosecute. 52. Regulations. 53. Penal ties. 54. Special permission. 55. Repeal of Cap.232 of 1948 Laws. 56. Power to vary First, Second or Third Schedules. 3 PART I - PRELIMINARY Short titie 1. This Law may be cited as the Wild Animals and com- Law, 1963, and shall come into force on a date to be mencement. appointed by the Governor by notice in the NOrthern Nigeria Gazette. Interpreta tion. N.R.NO.6 of 1956. cap.69 of 1958 Laws. 2. In this Law "animal" means any vertebrate or invertebrate normally found in the wild state whether dead or alive, or any part thereof, and includes mammals, birds, reptiles, amphibia, fish and the nests, eggs, and eggshells and young thereof; (as amended by the Wild Animals Law (Amendment) Edict, 1975) "to capture" means to take or to attempt to take any animal alive; (as defined by the Wild Animals Law (Amendment) Edict, 1975) "communal hunting" means hunting undertaken by a group of more than five persons; (as defined by the Wild Animals Law (Amendment) Edict, 1975) "court" means a magistrate's court or any native court on which jurisdiction has been conferred in accordance with section 24 of the Native Courts Law, 1950; "exotic animal" means any feral animal which is not indigenous to the NOrth-Eastern State of Nigeria; (as defined by the Wild Animals Law (Amendment) Edict, 1975) "firearm" shall have the same meaning as in section 2 of the Firearms Act; "Game Protecti-on Officer" means any person authorised by the Minister to enforce the provisions of this Law and any regulations made hereunder and includes the Regional Game Warden; "to hunt" means to kill or to attempt to kill an animal, or intentionally to cause injury to an animal; (as amended by the Wild Animals Law (Amendment) Edict, 1975) "immature elephant" means an elephant, the tusk or tusks of which when weighed together do .not exceed twenty-two pounds in weight; 4 I~ature elephan~" means an elephant, the tusk or tusks of which when weighed t.ogether exceed t.wenty two pound in weight; "Minister" means the Minis ter charged under section 37 of the Canst·itution of Northern Nigeria wi th responsibility for Animal and Forest Resources; "pest" means any invertebrate, poi 5('''10115 snake, bird of the Ploceideae or any roden l which can be demonstrated to be causing widespread, persistent damage to buildings, crops, lives tack or I s o n s (as defined by the Wild Animals Law (fl1T\;'nclll,en t ) Edict, 1975) "trap" means any can tr ivance designed, c a l.c uI a t e d , intended or capable of being used to capture or cause to suffer any animal, but excluding any firearms approved under the provisions of this law or any regulations made thereunder; (as defined by the Wild An i ma ls Law (Amendment) Edict, 1975) "trophy" means any prohibited animal or specially protected animal or protected animal either alive or dead, or'anything which is part of or produced from a prohibited animal, specially protected animal or protected animal or part thereof but does not include any part thereof which has by a bona fide process of manufacture lost its original identity; (as amended by the Wild An i maLs Law (Amendment) Edict, 1975) "wild animal" means any animal not normally found in a domesticated state. Appointment of officers. 3. A Regional Game Warden and Game Protection Officers shall be appointed. PART II - PROHIBITED ANIMALS, SPECIALLY PROTECTED ANIMALS AND PROTECTED ANIMALS Prohibited 4. The animals specified in the First schedule animals. h 11 b h'b' d ' 1First schedule s a e pro 1 lte anlma s. Permission to hunt prohibited animals. 5. (1) The Minister may give permission in writing to any person to hunt any prohibited animal on such conditions as the Minister may specify so, however, that such permission shall only be given for important scientific purposes or for essential administrative reasons. (2) No person shall hunt or be in possession of any prohibited animal except in accordance with the written permission of the Minister under this section. Specially pro tected animals and protected animals.. Second SChedule. Third SChedule Licence to hunt specially protected and protected animals. Suspension of licence. Hunting of female animals with young prohibited. Permission or licence to cover assistants. 5 6. The animals specified in the Second SChedule shall be specially protected animals and the animals specified in the Third SChedule shall be protected animals. 7. (1) The Minister may grant a licence to any person to hunt or be in possession of any specially protected animal or protected animal. (2) A native authority may, with the consent of the Minister, grant a licence to any person to hunt or be in possession of any protected animal. ('}) No person shall hunt or be in possession of any specially protected animal or protected animal except in accordance with a licence issued under this section. B. (1) ~,y court before which a person lS convicted of any o fre nc e under this Law or the regulations made thereunder may, in addition to any other penalty imposed, if the person convicted holds a licence unuer section 7, suspend his licence for a specifieu period. (2) N1Y pc r son so conv i c t e d , i f he holds a litence under section 7, shall produce the licence within such time as the court may direct for the purpose of endorsement. (3) f\ licence suspended by a cour t in accordance with this section shall during the term of suspension be of no effect and shall for that term be retained in the custody of the court and a person whose licence is suspended shall during the period of suspension be disqualified from holding a licence under this Law. 9. No person shall hunt any female prOhibited animal, female specially protected animal or female protected animal when such animal is accompanied by its young or the young of the same species, unless otherwise specially authorised to do so under the provisions of this Law. 10. (1) Itrty permission in writing or licence issued under the provisions of this Law shall cover in addition to the holder of such permission or licence, any other person employed by him to assist him in hunting. Animals killed in defence of life or property. o (2) Notwithstanding the provisions of subsection (1), no person employed to assist the holder of permission, or a licence under this Law shall discharge any firearm in the hunting of the animal in respect of which such permission or licence is issued. 11. (1) Notwithstanding anything in this Law contained, no person shall be deemed to have committed an offence against this Law by reason of his having killed any prohibited, specially protected or protected animal in defence of himself or of any other person. (2) Any person who kills a prohibited animal, a specially protected animal or a protected animal in defence of himself or of any other person shall, not more than two weeks after such killing, report such killing to a Game Protection Officer. CJ) Where the animal killed in defence of of life is killed by the holder of written permission under sect ion r; or a licence under section 7 to hunt such animal, the killing shall be deemed vtv have been b y virtue o r such written permission or licence, as the case may be, and the holder of such written permission or licence, as the case may be, shall enter the animal killod against the number of such species ot" animal which he is lawfully permitted to hunt by virtue of the written permission or licence. PART III - GAME RESERVES, GAME SANCTUARIES AND CLOSE SEASONS Game reserves. Notice of intention to create a game reserve. 12. The Governor may in accordance with section 19 and subject to sections 13, 14, Ib, 17 and 18 constitute any area a game reserve, or define or alter the limits of any game reserve, or declare that any area shall cease to be a game reserve. 13. Before any area is constituted a game reserve the Minister shall publish a notice in the Northern Nigeria Gazette (a) specifying the situation and limits of the area which it ~s proposed to declare a game reserve; (b) declaring that it is intended to constitute such lands a game reserve; (c) appointing by name an officer to be a Game Reserve settlement Officer for the proposed game reserve; Duties of the Game Reserve settlement Officer. 7 (d) inviting the submission to the Game Reserve settlement Officer of claims to the exercise of rights within the area intended to be declared a game reserve; (e) appointing a date, not earlier than three months after the date of the publication of the notice, and a place on and at which all claims to rights in or over or affecting the lands which it is proposed to constitute a game reserve shall be heard by the Game Reserve settlement Officer. 14. The Game Reserve settlement Officer shall (a) inquire into the limits and boundaries 0.£ the area specified in the notice referred to in section 13; (b) inquire into the substance of all claims to exercise rights within the area specified in the notice referred to in section 13 and shall determine whether such rights are admitted or not; (c) upon the completion of his inquiry the Game Reserve Set t lement Officer shall deliver his judgment in which he shall (i) determine the limits of the land specified in the notice referred to in section 13; (ii) determine, with all such particulars as may be necessary to define their nature, duration, incidence and extent, all claims preferred or brought to his knowledge in respect of the area specified in the notice referred to in section 13 and admitting or rejecting the same wholly or in part, and shall file a certified true copy of the judgment at the Ministry of Land and Survey; (d) deliver to the Minister a report showing whether in his opinion any right or claim admitted wholly or in part would (i) stultify the objects of the game reserve; or (ii) seriously hinder the efficient working of the game reserve, and in either case shall indicate from his examination of the lands specified whether any right admitted, wholly or in part, which in his opinion would stultify the objects of Officer to have judicial powers. Publication of judgment. Appeals. Modification of judgment. 8 the game reserve or seriously hinder the efficient working of the game reserve, could be extinguished, with appropriate monetary compensation, or by grant in exchange of similar rights on other similarly situated land either within or without the final boundaries of the game reserve, or could be confined or restricted to certain areas within or without the game reserve or the exercise thereof confined to a certain time of year, without undue hardship to the right holders. 15. For the purposes of the inquiry referred to in section 14 the Game Reserve settlement Officer shall have the powers of a District Judge. 16. Every judgment of a Game Reserve settlement Officer delivered in accordance with section 14 shall be made known, as far as is practicable, to every person and community which preferred any claim or in respect of which any claim was brought to the not ice o f the Game Reserve set t lement Officer. 17. Any person who has made a claim on his own behalf, or where a claim has been made on behalf of a community the representative of that community, may, within three months of the date of delivery of the judgment of the Game Reserve settlement Officer, appeal to a District Judge against that portion of the judgment which affects his claim or the claim made on behalf of the community which he represents, as the case may be, and may further appeal to the High COurt from the decision of the District Judge. 18. Where the Game Reserve settlement Officer has in the course of his judgment admitted wholly or in part any right or claim and in the opinion of the Minister the exercise of such right or claim or any part thereof (a) would stultify the object of the game reserve; or (b) would seriously hinder the efficient working of the game reserve, the Minister may (i) extinguish any such rights or claims, other than rights or claims in respect of land, with appropriate monetary compensation; or Constitution of game reserve. J\bdification of the order constituting game reserve. 9 (ii) confine or restrict any rights or claims to certain areas either within or without the game reserve or the exercise of such rights to certain times of the year; or (iii) adopt wholly or in part anyone or any combination of the above methods in dealing with the matter; and the Minister of Land and Survey may extinguish any such rights or claims in respect of land with appropriate monetary compensation. 19. (1) Upon the expiry of a period not less than three months from the date of the publication of the judgment in accordance with section 16 the Governor muY make an order constituting the lands in respect of which an inquiry has been held a game reserve, so however, t h a t if any appeal has been made against such judgment no such order shall be made until such appeal has been determined. (2) An order under subsection (1) shall set forth (a) the limits of the lands which constitute the game reserve; (b) all rights affecting the same; (c) such additional rights as the Governor shall consider it just and equitable to allow notwithstanding that such rights have not been allowed in the judgment of the Game Reserve Settlement Offic€r. (3) An order under subsection (1) shall in addition to being published in the l'brthernNigeria Gazette be made known in the same manner as was the judgment of the Game Reserve Settlement Officer. (4) From the date of the publication of the order in the l'brthern Nigeria Gazette the lands therein referred to shall be a game reserve. 20. (1) An order made under section 19 may be revised or modified by the Governor by order. (2) In any revision or modification under subsection (1) the Governor may, after such inquiry as he shall think fit Further powers affecting rights. Extinguishment of rights. Extinguishment of rights by non-use. Rights not to be alienated without consent of Minister. Acts prohibited in proposed game reserve. 10 (a) exercise the powers conferred upon the Minister or the Minister of Land and Survey by section 18; (b) create such additional rights as he shall consider just and equitable; or (c) declare that the whole, or any part, of the game reserve shall cease to be a game reserve. 21. In any game reserve the Minister may close any right of way or water-course where in his opinion another right of way or water-course equally convenient already exists or is provided. 22. Subject to any right to compensation, every right in or over land in respect of which no claim shall have been made to the Game Reserve settlement Officer, or of which no knowledge shall have been acquired by that officer before delivery of his judgment, shall be extinguished. 23. If any right within a game reserve shall not hav~ been exercised for a period of ten years it shall be deemed to have been extinguished. 24. (1)]\k) person shall alienate any right affecting land included in a game reserve by sale, mortgage or transfer without the consent of the Minister first had and obtained and any such sale, mortgage or transfer effected without such consent shall be null and void. (2) The Minister may extinguish the right which any person attempts to alienate contrary to subsection (1). 25. (1) During the period between the date of the publication of the notice referred to in section 12 and the date of publication of the order constituting the game reserve in accordance with section 19 (a) no person shall acquire any right within the lands specified in the notice otherwise than by succession or under a grant or contract in writing entered into with the approval of the Minister; and Restriction of entry to game reserve. Acts prohibited in game reserve. Cap.75 of 1948 Laws. 11 (b) save as hereinafter provided, no person shall (i ) erect any new dwelling; (ii) clear any new lands for farming or cultivation; (iii) cut any tree; (iv) hunt, capture or kill any wild animal. (2) Nothing in subsection (1) shall be deemed to prohibit any act done with the permission in writing of a Game Protection Officer. 26. No person, other than a Game Protection Officer or other Government Officer on duty, shall enter any game reserve except he is authorised so to do under this Law or regulations made hereunder. 27. No person shall ln any game reserve, unless otherwise authorised to do so under this Law or by regulations made hereunder (a) hunt or take possession of any wild animal; (b) take any forest produce as defined in the For e st r y Ordinance; (c) uproot, burn, strip the bark or leaves from, or otherwise damage any tree; (d) set fire to any grass or herbage or kindle a fire without taking due precaution to prevent it spreading; (e ) permit any domestic animal to enter or trespass in the game reserve; (f ) dig, cut, turn or cultivate the soil or make a farm or plantation; (g ) construct any dam or weir across any river or stream or otherwise obstruct the channel of any river or stream; (h) reside in or erect any building or make any camp; (i) fish or attempt to kill fish; (j) set any snare, net, trap or other instrument for the purpose of catching or killing animals or likely to catch, kill or injure any animal; (k) drive, stampede or in any way disturb any animal. Officers permitted to perform prohibi:ted acts. Fbwer to declare game sanctuary. Hunting in game sanctuary prohibited. Declaration of close season. Hunting of animals in close season prohibited. 12 28. The Regional Game warden or any Game Protection Officer acting upon the instructions of the Regional Game warden may carry out within a game reserve any of the acts prohibited in section 27. 29. A native authority may, with th~ approval of the Minister, declare any area to be a game sanctuary or declare that any game sanctuary shall cease to b~ a game sanctuary. 30. Save as otherwise provided in this Law, or any regulations made hereunder, no person shall hunt any wild animal within the limits of a game sanctuary. 31. The Minister may from time to time by order declare any period of time to be a close season for any wild animal, whether a prohibited animal, a specially protected animal or a protected animal or other wild animal, and such declaration may be general or may be restricted to the limits of any area "defined in the order. 32. During a close season for any animal no person shall hunt such animal within the area in respect of which the close season applies. PART IV - RESTRICTION ON METHODS" OF HUNTING AND DISTURBING WILD ANIMALS Restrictions on the use of bait,poison, narcotics,fire and explosives Restrictions on the use of nets,fences, and pits. Restrictions on the use" of traps. 33. No person shall (a) use any bait, poison, narcotic or any other chemical, fire or explosive for hunting or capturing or wilfully disturbing or stampeding any animal other than pests; or ~) use a~y net, fence or pit for the purpose of hunting or capturing any animal except fish and pests unless otherwise authorised under this Law or the regulations made hereunder; or (c) make, expose or offer for sale or have in his control or possession or use any trap other than that prescribed for the control of pests unless otherwise authorised under the provisions of this Law or the regulations made hereunder; or Hunting limited to daylight hours Communal hunting forbidden. Use of motor vehicle or aircraft for hunting prohibited. Use of motor vehicle or aircraft to stampede an.i.ma'Ls prohibited. ] ').,J (d) hunt or capture any animal except fish between sunset and sunrise; or (e) take part in communal hunting. (as amended by the Wild Animals Law (Amendment) Edict, 1975) 34. No person shall shoot at any wild animal from any aircraft or from any vehicle or craft propelled by mechanical means: Provided that any person may, subject to the provisions of this Law or of any regulations made hereunder, shoot at wild fowl or crocodile from a launch or small craft. 35. (1) No person shall use any a i r c r ar t or mechanically propelled vehicle in such a manner as to drive, stampede or disturb any wild animal. (2) Nothing in this section shall affect the right of occupiers of land used for public purposes to use motor vehicles or aircraft on such land for the purpose of driving away, capturing or destroying any animal found in such land where such ejection, capture or destruction is not otherwise contrary to law. PART V - TRAFFIC IN TlWP]]IES FOssession of trophy. Onus of proof. Declaration of trophy. 36. (1) No per son shall possess any trophy or manufacture anything [rom any trophy unless such trophy shall have been lawfully obtained in accordance with the provisions of this Law and shall have been registered as a trophy in accordance with section 38 or unless otherwise specifically authorised in writing by the Minister or such officer as may be appointed by him for this purpose. (2) Every person possessing a trophy shall pay a trophy fee as prescribed by regulations under this Law. 37. The onus of proof that any trophy was lawfully obtained shall lie on the possessor thereof. 38. (1) The possessor of any trophy shall declare such trophy to a Game Protection Officer and, provided that he can satisfy the officer to whom he has declared such trophy that he has obtained the same lawfully, such trophy shall be registered by such Game Protection Officer who shall Disposal of trophy. Trophy Dealer's licence. G:>vernment ownership. of animals. Disposal of G:>vernment property. 14 deliver to the possessor a free disposal permit therelore in which such trophy shall be identified. (2) The Game Protection Officer shall make identification marks on such trophy declared to him in accordance with subsection (1) in accordance with regulations under section 52 and shall enter a description of such marks on the free disposal permit. 39. (1) No person shall sell, transfer or otherwise dispose of any trophy to another person unless such trophy has been declared and registered and a free disposal permit issued in respect thereof. (2) On the transfer, sale or disposal of any trophy the person transferring, selling or disposing of the trophy shall at the same time transfer with the trophy the relevant free disposal permit there[oreas proof of the lawful possession of the trophy. (::,) No person shall purchase, receive or otherwise. obtain from another person a trophy which is not lawfully obtained. 39A (1) No person or persons shall trade or traffic in trophies for commercial profit or gain except in accordance with a licence issued under this section. (2) The Permanent secretary may issue to any person or persons wishing to trade or traffic in trophies for commercial profit a Trophy Dealer's licence. (as defined by the Wild Animals Law (Amendment) Edict, 1975) 40. Subject to the provisions of subsection (3) of section 11 and subsection (3) of section 42, any animal killed or captured in accordance with section 11 or section 44, or any carcass or remains reported to a Game Protection Officer in accordance with section 42 shall be the property of the G:>vernment. 41. The Minister may authorise the disposal either by sale or otherwise, of any animal or part thereof which is G:>vernment property by virtue of the provisions of section 40. Finding of remains of elephant or rhinoceros. Finding remains of other specially protected animals. 15 42. (1) Any person who shall find the carcass or remains of an elephant or rhinoceros with the tusk or horn intact shall, within two weeks of such finding, report the find to a Game Protection Officer, (2) The Minister may direct the payment of a reward to any person reporting a find in accordance with subsection (1). (3) If the person reporting the find in accordance with subsection (1) is the holder of a licence to hunt elephant or rhinoceros he may take possession of the tusk or horn, as the case may be, as if he had killed the animal from which such tusk or horn is taken by virtue of such licence. 43. Any person who shall find the remains of any specially protected animal other than an elephant or rhinoceros may, if he wishes to obtain possession thereof, report the find to a Game Protection Officer and, provided that the officer to whom the report is made shall be satisfied that the circumstances of the finding do not constitute an offence, the·Game Protection Officer may dispose of the remains to such person on payment of such fees as may be provided l'or in regulations under section 52. PART VI - GENERAL PROVISIONS Destruction 44. (1) If it shall be shown to the Minister, of animals . . f 't or such other offlcer as he may appolnt for theor neceSSl y. purpose, that it is necessary or expedient in order to protect the lives of any persons or protected property or prevent the destruction of crops or of domestic stock or of necessity in time of famine or for any requirement relating to public health or public order that any animal, whether a prohibited animal, a specially protected animal, a protected animal or other wild animal shall be captured or destroyed, the Minister or such officer as he may appoint for the purpose may authorise any person to kill or capture such animal. Where animal killed for necessity is elephant. Fbwer to search and seize. 16 (2) An author i ty given in accordance with subsection (1) shall (a) specify the number and species of animals which may be captured or destroyed; (b) specify the area within which the animal or animals may be captured or destroyed; (c) specify the period for which 1hp authority is valid provided tL.>L such period shall not exceed three months at anyone time; (d) specify the methods by which the animal or animals may be killed or captured (even though such methods may be other wise prohibited by the provisions of this Law or any regulations made thereunder) having due regard to the prevention of any unnecessary suffering or destruction. 4;5. Where the animal killed of necessity by virtue of·an authority given under section 44 shall be an elephant the person authorised to kill such animal shall, within a period of not more than three weeks of the killing of the animal, surrender the tusks thereof to the Regional Game. Warden and the Regional Game Warden shall then dispose of the tusks in accordance with the direction of the Minister. 4b. Where any Game Protection Officer suspects that an offence has been committed against the provisions of this Law or of any regulations made hereunder he may inspect and search, or authorise a subordinate officer to inspect and search in his presence, any baggage, package, vehicle, dwelling, tent, caravan or article belonging to or under the control of a suspected person, or of that person's agent or servant and, if the Game Protection Officer, or his subordinate, shall find any animal t or part thereof, appearing to have been killed or captured in contravention of this Law or of any regulations made hereunder, the officer may seize the same and take the same before a court to be dealt with according to law. Power of arrest. Payment for information leading to conviction of offender. Eggs of birds. Possession or sale of powdered rhinoceros horn. Power to prosecute. Regulations. 17 47. Any Game Protection Officer, or such subordinate officer as the Game Protection Officer may authorise, may arrest without warrant any person whom he reasonably suspects of having committed an offence against this Law or of any regulation made hereunder if such person shall refuse to give his name and address or shall give a name and address which the Game Protection Officer reasonably believes to be false, or if such person is likely to abscond, and the Game Protection Officer shall immediately take such arrested person before a court to be dealt with according to Law. (as amended by the Wild Animals Law (Amendment) Edict, 1975) 48. \Nhere in any proceeding under the provisions of this Law, or of any regulations made hereunder, any fine is imposed the court may at its discretion direct that when any such fine is paid a sum not exceeding hall the sum so paid shall be awarded to any person having given information leading to the conviction of the offender. 49. No person, unless he is otherwise authorised under this Law so to do, shall take the egg or eggshell of any bird which is declared to be a prohibited animal or a specially protected animal unless the bird is lawfully kept in a domesticated state. 50. No person shall possess, sell, purchase, transfer or otherwise dispose of any powdered rhinoceros horn, unless otherwise authorised to do so by the provisions of this Law. 51. In any proceedings for an offence against this Law or of any regulations made hereunder the Crown may be represented by a Game Protection Officer. 52. The Governor may make regulations for a~l or any of the following matters (a) regulating the application for, issue of, form of, conditions of, and fees payable in respect of any licence or permit issued under the provisions of this Law; 18 (b) prescribing or altering the number of animals of any species or variety which may be hunted by virtue of any licence issued in accordance with the provisions of this Law; (c) prescribing or altering the limits of any areas in which any animal declared to be a specially protected animal or protected animal or any animal not so declared, may not be hunted, captured or killed unless otherwise authorised under this Law; (d) regulating the possession, purchase, sale, transfer or disposal of any animal, whether a specially protected animal or other animal; (e) prescribing trophy fees and regulating the manufacture of any article from a trophy; (f) requiring the holder of any licence, permit or authority issued in accordance with the provisions of this Law to submit the licence, permit or authority to a prescribed officer for endorsement or other purpose; (g) providing for the issue of a duplicate licence or permit in the event of a licence or permit being lost or destroyed and for a fee for such issue. (h) prohibiting or regulating the capture or killing of any fish, or any specified kind of fish, either generally or in specified waters; (i) providing for the protection of spawning beds; (j) prohibiting the making or use of any game pits, nets, traps or other instruments for the purpose of hunting any animal, either generally or in specified areas; (k) prohibiting the use of fire for the purpose of hunting any animal; (1) providing for the declaration, registration, marking and identification of trophies, and for a fee for so doing; Penal ties. 19 (m) prohibiting the possession of or carrying of any specified kind of arm, lamp or other instrument when used for or likely to be used for or capable of being used for hunting; (n) requiring the holder of any licence issued in accordance with the provisions of this Law to keep a true register of animals hunted, captured or killed by virtue of that licence; (0) regulating the keeping of wild animals in captivity; (p) providing for the regulation of wild animal ranching or the management of wild animal ranching generally; (q) regulating the management of game reserves and game sanctuaries; (r ) regulating the conditions of entry to game reserves and game sanctuaries; (s) providing for the fees to be charged under this Law; (t) generally for the purposes of carrying out the provisions of this Law. 53. (1) Any person who contravenes any of the provisions of section 5 or section 30 (where the offence shall involve a prohibited animal) shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand naira or to imprisonment for a period not exceeding three years or to both such fine and imprisonment. (2) Any person who contravenes any of the provisions of section 7, 9, 25, 27, 30, 32, 33 or 36 (where the offence shall involve a specially protected animal) shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred naira or to imprisonment for a period not exceeding six months or to both such fine and imprisonment. (3) Any person who contravenes any of the provisions of section 8, 11, 20, 34, 49 or 50 shall be guilty of an offence and liable on conviction to a fine not exceeding sixty naira or to imprisonment for a period not exceeding two months or to both such fine and imprisonment. Special permission. 20 (4) In the case 01 a conviction for any offence under this Law or the regulations made hereunder the court may in addition to any other punishment imposed order the confiscation or destruction of any firearm or other instrument used or carried by the offender at the time of such offence. (5) Any person who cqntravenes any of the provisions of section 59A shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred naira or to imprisonment for a period not exceeding six months or to both such fine and imprisonment. ( as amended by the Wild Animals Law (Amendment) Edict, 19/5). 54. Notwi.thstanding anything to the contrary contained in this Law, the Mini.ster may, by special permission given in wr Lt Ln q , authorise any person representing a recognised scientilic organisation or ac i'en t Lr i c i n s t i t u t iOI1 to commi t an act which otherwise may be an offence against this law; Provided that such permission shall only be given for purposes of scientific work approved by the GJvernor in Counc i 1 , Repeal of Cap.232 of 1948 Laws. 55. The Wild Animals hereby repealed. Preservation Ordinance is FOwer to vary Fir s t , second or Third Schedules. 56. The Military GJvernor may by order vary the First, second or Third Schedule to this Edict. ( as defined by the Wild Animals Law (Amendment) Edict, 1975) PRIMATES All Oolobus monkeys Ch i mp.arize e GJrilla CARNIVORA Lion Leopard Cheetah Serval caracal GJlden cat Wild cat Wild dog cape Clawless Otter Speckle-throated otter cameroon ot ter Ratel or HOney Badger TUBULIDENTATA Aardvark PROBOSCIDEA Immature Elephant SIRENIA Manatee PERISSODACTYLA Black Rhinoceros ARTIODACTYLA Mountain Reedbuck Giant Eland Corcas Gazelle Dama Gazelle SCimi ter Oryx Water O1evrotain Giraffe Giant Forest Hog Yellow-backed Duiker Si tatunga ... Klipspr inger 21 FIRST SCHEDULE Oolobus spp., P.rocolobus spp. Pan troglodytes. GJrilla gorilla. Panthera leo. Panthera pardus. Acinonyx jub~tus. Felis serval. Felis caracal. Fel:i;s aurata. Felis libyca. Lycaon p i.c t u s . Pl:Jnyx capensis. Lutra maculicollis. Raraonyx microdon. Mellivora capensis. Orycteropus afer. Loxodonta africana. Trichechus senegalensis. Diceros bicornis. Redunca fulverufula. Taurotragus derbianus. Gazella dorcas. Gazella dama. Oryx algezel. Hyemoschus aguaticus. Giraffa camelopardalis. Hylochoer·us meiner t zhageni . Gephalophus sylviculter. Tragelaphus spekei. Oreotragus oreotragus. 22 REPTILES Nile crocodile Short-nosed crocodile AVES Ostrich secretary Bird Hammerkop African Spoonbill Abyssinian Ground Hornbill Herons and Egrets (including Bitterns) Crocodylus niloticus. Osteolaemus tetraspis. Etruthio camelus. sagittarius serpentarius. Scopus umbret ta. Platalea alba. Bucorvus abyssinicus. Family Ardeidae. Pelicans Family Pelecanidae. Storks Family Giconiidae. VUltures Family Aegypiidae. Falcons, Kites, Eagles and Buzzards. Sparrow-Hawks and Harriers Family Falconidae. Cranes Family Balear icidae. Bustards Family Otididae. EXOTIC ANIMALS All feral exotic animals. ( as amended by the Wild Animals Law (Amendment) Edict, l.975) SECOND SCHEDULE PRIMATES All monkeys (except those specified in the ~~rst Schedule, patas monkeys and common baboons. ) PROBOSCIDAE Mature Elephant ... ARTIODACTYLA Hippopotamus Buffalo (Bush-cow) western Hartebeest Topi Kob Reedbuck Roan waterbuck Bushbuck ... Loxodonta africana. Hippopotamus amphibius. Syncerus manus. Alcelaphus buselaphus. Damaliscus korrigum. Adenota kobo Redunca redunca. Hippotragus eguinus. Kobus deiassa. Tragelaphus scriptus. 2::' REPTILES Atl l\loni tor Lizards All Pythons AVES All Parrots Varanus spp. Python spp. Family Psi ttacidae. ( as amended by the Wild Animals Law (Amendment) Edict, 1975) THI RD SCHEDULE All Duikers (except yellow-backed Duiker ) Red-fronted Gazelle Oribi warthog Redr i ver fbg All Waterfowl. Cephalophus spp. Philatomba spp. Sylvicapra spp. Gazella ruriirons. Ourobia ourobia. Phacochoerus aethiopicus. f':>tamochoerus porcus. (as amended by the Wild Animals La.w (i\mendmcnt) Edi.ct, 1975)