Crocodile Trade (Protection) Regulation 1980

Crocodile Trade (Protection) Regulation 1980 (Consolidated to No 16 of 1998) INDEPENDENT STATE OF PAPUA NEW GUINEA. MADE under the Crocodile Trade (Protection) Act. 1. Interpretation. In this Regulation, unless the contrary intention appears— "belly width" means the width of a crocodile skin on which at least the two outer longitudinal rows of raised scutes posterior to the nuchal shield are present and is the distance across the belly between the outer edges of the outer scutes in the third tranverse scale row behind the nucal shield, outer in all cases meaning furthest from the middorsal line; "Company Crocodile Buyers Licence" means a licence to acquire crocodiles for export under Section 5(1)(b) of the Act; "Crocodile Exporters Licence" means a licence to export crocodiles under Section 5(1)(c) of the Act; "Crocodile Traders Licence" means a licence to acquire and dispose of crocodiles under Section 5(1)(a) of the Act; "hornback skin" means a crocodile skin which has been cut along the midventral line and which contains the complete longitudinal rows of raised scutes of the back behind the nuchal shield; "licensee" means the holder of a licence under Section 5 of the Act, and the owner of a crocodile farm registered under Section 11 of the Act; "owner" in relation to a crocodile farm means the owner, occupier or manager; "prescribed fee" means the fee set out in Schedule 2. 2. Restrictions on size. (1) Subject to Subsection (3) or to a condition on a licence or certificate of registration granted under the Act, a licensee or person who is required to hold a licence under the Act shall not acquire, dispose of, export or be in possession of a crocodile having a belly width greater than 510mm or less than 180mm. (2) A licensee or person who is required to hold a licence under the Act shall not acquire, dispose of, export or be in possession of a hornback skin on which the distance across the back between the outer edges of the outer longitudinal rows of raised scutes posterior to the nuchal shield, measured at the third transverse row behind the nuchal shield is greater than 170mm or less than 60mm, outer in all cases meaning further from the middorsal line. 3. Licences. (1) The Minister may, on receipt of an application and the prescribed fee— (a) for a licence in Form 1 to acquire and dispose of crocodiles—grant a licence in Form 2; and (b) for a licence in Form 3 to acquire crocodiles for export—grant a licence in Form 4; and (c) for a licence in Form 5 to export crocodiles—grant a licence in Form 6. (2) A licence granted under Section 5(1)(b) of the Act ceases to be in force when— (a) the licence under Section 5(1)(c) of the Act expires, if it is not renewed; or (b) the licence under Section 5(1)(c) of the Act is cancelled under Section 7 of the Act. 4. Services to be provided. (1) Subject to Subsection (2) a person who holds a licence under Section 5(1)(a) or (b) of the Act shall provide a buying service during the period of validity of the licence. (2) Where the licensee intends to cease purchasing during the period of validity of a licence under Section 5(1)(a) of the Act he must give written notice to the Conservator. Penalty: A fine not exceeding K200.00. (3) The licensee must, during the period of validity of the licence, keep and maintain reasonable quantities of materials required for the preparation and preservation of crocodile skins. Penalty: A fine not exceeding K200.00. 5. Returns by holders of licences. (1) The holder of a licence granted under Section 5(1)(b) of the Act must, within 14 days of 31 March, 30 June, 30 September and 31 December in each year, complete and forward a return in Form 7. (2) A person who fails to submit a quarterly return under Subsection (1) is guilty of an offence. Penalty: A fine not exceeding K50.00. Default penalty: A fine not exceeding K2.00. 6. Special conditions of licences. Without limiting in any way the powers of the Minister or his delegate under Section 6(5) of the Act, special conditions may be imposed on any licence to provide for— (a) the acquisition, disposal, export and possession of by-products of crocodiles other than the skin; and (b) the marking, branding, or tagging of a crocodile. 7. Export of crocodiles. (1) The holder of a licence to export crocodiles under Section 5(1)(c) of the Act shall make application in Form 8 in respect of each consignment of crocodiles intended for export. (2) The Minister may grant written permission for the export in respect of which application has been made under Subsection (1). (3) A person who exports a crocodile without the prior written permission of the Minister under Subsection (2) is guilty of an offence. Penalty: A fine not exceeding K100.00 in respect of each crocodile. 8. Registration of crocodile farms. (1) The owner of a crocodile farm— (a) where at any time 200 or more live crocodiles are kept; or (b) who himself, or an employee of whom, holds or is required to hold any licence or permit under the Act, must apply to register the farm in Form 9. (2) The owner of a crocodile farm who is not a citizen must apply to register the farm. (3) An owner of a crocodile farm who fails to apply to register a farm under Subsection (1) or (2) is guilty of an offence. Penalty: A fine not exceeding K100.00. Default penalty: A fine not exceeding K5.00. (4) The Conservator may issue a certificate of registration in Form 10, and the certificate shall be valid for 12 months from the date of issue and may be subject to conditions. (5) The owner of a crocodile farm who fails to comply with a condition imposed under Subsection (4) is guilty of an offence. Penalty: A fine not exceeding K200.00. Default penalty: A fine not exceeding K20.00. (6) The owner of a registered crocodile farm must, within 14 days of 30 June and 31 December in each year, forward to the Conservator a return in Form 11. Penalty: A fine not exceeding K200.00. Default penalty: A fine not exceeding K20.00. (7) An application under this section shall be accompanied by the prescribed fee. (8) The Conservator may cancel the registration of a farm— (a) if the requirements of Subsection (1) or (2) are no longer met; or (b) if a licence under the Act held by the owner or an employee, and which is necessary to the continuation of the farm, is cancelled under Section 7 of the Act. (9) In the event of a cancellation under Subsection (8), the Conservator may direct the disposal of any crocodiles kept on the farm. 9. Authorization to take, etc. (1) The Conservator may authorize, in Form 12, a person to take, kill, acquire, dispose of or possess crocodiles. (2) Any person who fails to act in accordance with the conditions of the authorization under Subsection (1) is guilty of an offence. Penalty: A fine not exceeding K100.00. 10. Permit to take crocodiles. [xxxv] An application for a permit to take, kill, acquire, possess, dispose of or export crocodiles under Section 23 of the Act shall be in Form 13 and shall be accompanied by the prescribed fee, and a permit under that Section shall be in Form 14. 11. Levy. (1) The Minister may, from time to time by notice in the National Gazette fix a declared market value for unit measurement for crocodiles exported for the purposes of Section 24 of the Act. (2) The levy shall be 15% of the declared market value. (3) The declared market value may be single value, or may differ for species, grades or sizes of crocodiles. (4) The levy payable shall be calculated by the exporter and tendered with the application for each export consignment under Section 7. http://www.paclii.org/pg/legis/consol act/ctr1980355/# edn35# edn35 12. Warrant. A warrant under Section 13(4) of the Act shall be in the form prescribed under the Search Act 1977. 13. False representation, etc., Where, for any purpose connected with or in relation to this Regulation, a person— (a) makes, or causes to be made a representation that is to his knowledge, false or misleading in a material particular; or (b) conceals, causes or permits to be concealed any material circumstance, is guilty of an offence. Penalty: A fine not exceeding K100.00. SCHEDULE 1. Form 1.—Application for a Crocodile Traders Licence. PAPUA NEW GUINEA. Crocodile Trade (Protection) Act 1974. Act, Sec. 5(1)(a). Form 1. Reg., Sec 3(a). APPLICATION FOR A CROCODILE TRADERS LICENCE. The Conservator of Fauna, [xxxvi] I, (name in full, underline surname) of (full postal address) apply for a licence to acquire and dispose of crocodiles and tender the prescribed fee of K40.00 and provide the following information:— 1. Date of birth (if citizen): OR date of arrival in Papua New Guinea: (Note 1) Name of Local Government Council area in which I propose to acquire and dispose of crocodiles: (Notes 2 and 3). I am resident in that Council area and my full residential address is: http://www.paclii.org/pg/legis/consol act/ctr1980355/# edn36# edn36 I wish to acquire and dispose of:  crocodile skins  live crocodiles for farms (place tick in one or both boxes). 2. I agree to comply with the provisions of the Crocodile Trade (Protection) Act and Regulations. 3. I agree to comply with conditions imposed on my licence by the Minister. Dated . . . 20... (Signature of Applicant.) NOTES: 1. A licence will not be granted to a person who has not been resident in Papua New Guinea for two years immediately preceding the application. 2. A licence will not be granted to a person who is not normally resident in the Local Government Council area referred to. 3. A licence will not be granted until the Minister has consulted with the Local Government Council referred to. A period of two months should be allowed for this to be done. Until you receive the licence signed by the Minister you should not begin trading in crocodiles or skins. Form 2.—Crocodile Traders Licence. PAPUA NEW GUINEA. Crocodile Trade (Protection) Act 1974. Act, Sec. 5(1)(a). Form 2. Reg., Sec. 3(a). CROCODILE TRADERS LICENCE. (Name in full) of . . . who, in my opinion— (a) has been resident in Papua New Guinea for no less than two years immediately preceding the application for this licence; and (b) is normally resident in the Local Government Council area specified below, is licensed to acquire and dispose of living crocodiles and/or crocodile skins for a period of 12 months from the date of granting this licence and in accordance with the conditions printed below— Dated . . . 20... Minister for . . . Conditions of Licence. 1. The licensee shall not acquire, dispose of or have in his possession or control a crocodile or crocodile skin with a belly width greater than 510mm. 2. The licensee shall not acquire, dispose of or have in his possession or control a hornback skin on which the distance across the back between the outer longitudinal rows of raised scutes, measured at the third transverse row of scutes behind the nuchal shield (the same points as for measuring a belly skin) is greater than 170mm or less than 60mm. 3. The licensee shall not acquire, dispose of or have in his possession or control a crocodile skin with a belly width less than 180mm. 4. The licensee shall not acquire, dispose of or have in his possession or control a crocodile skin if there are not on the skin two lateral rows of scutes on either side of the skin of the abdomen. 5. The licensee shall complete and forward quarterly returns in Form 7 within 14 days of 31 March, 30 June, 30 September and 31 December in each year. 6. The licensee may acquire and dispose of crocodiles only in the . . . Local-level Government Council area. 7. The licensee, if this licence is endorsed for trading in living crocodiles for farms may trade in living crocodiles less than 180mm in belly width, provided that where such a crocodile dies while in the licensee's possession or control, he must destroy the carcase as soon as possible and must no remove or retain the skin. 8. The licensee must provide buying service during the period for which this licence is valid. 9. The licensee must advise the Conservator in writing within 14 days of ceasing to trade in crocodiles. 10. The licensee must keep and maintain reasonable quantities of materials required for the preparation and preservation of crocodile skins during the period for which the licence is valid. 11. This licence is not transferable. 12. Special conditions:— NOTES: 1. You should apply to renew your licence at least two months before the date it expires. 2. This licence may be cancelled by the Minister if the licensee is convicted of an offence against the Act or fails to comply with a condition of the licence. Form 3.—Application for a Company Crocodile Buyers Licence. PAPUA NEW GUINEA. Crocodile Trade (Protection) Act 1974. Act, Sec. 5(1)(b). Form 3. Reg., Sec. 3(1)(b). APPLICATION FOR A COMPANY CROCODILE BUYERS LICENCE. The Conservator of Fauna, [xxxvii] We apply for a licence for an employee to acquire crocodiles for export and tender the prescribed fee of K100.00 and provide the following information:— 1. Full name of exporting company: Registered company address: Postal address: Crocodile Exporters Licence No. . . . and date of expiry . . . 20... Full name of employee in respect of whom this application is made: Date of birth (of citizen): OR Date of entry to Papua New Guinea:(Note 1): Name of Local Government Council area in which employee is resident and it is proposed that he acquire crocodiles: (Notes 2 and 3). Employee is to acquire—  live crocodiles (Note 4)  crocodile skins (place tick in one or both squares). http://www.paclii.org/pg/legis/consol act/ctr1980355/# edn37# edn37 2. The employee named above has been trained in the preparation and preservation of crocodile skins, the grading of crocodile skins, the provisions of this Act and Regulation and if appropriate, the care and transport of living crocodiles. 3. The Company is aware of its liability should an employee contravene a provision of the Act or Regulations. 4. The Company is aware that the person named above is deemed to remain an employee until such time as the Conservator is notified that he/she has ceased to be an employee. Dated . . . , 20... Signature and position with Company. (Note 5). This part to be completed by the employee. 1. I agree to comply with the provisions of the Crocodile Trade (Protection) Act and the Regulations. 2. I am a resident of the . . . Local Government Council Area. 3. I understand that I may dispose of crocodile skins and/or live crocodiles only to the export company making this application. 4. I agree to comply with conditions imposed on my licence by the Minister. Dated . . . , 20... (Signature of Employee.) NOTES: 1. A licence will not be granted to a person who has not been resident in Papua New Guinea for two years immediately preceding the application. 2. A licence will not be granted to a person who is not normally resident in the Local-level Government Council area referred to. 3. A licence will not be granted until the Minister has consulted with the Local-level Government Council referred to. A period of two months should be allowed for this to be done. Until you receive the licence signed by the Minister you should not begin trading in crocodiles or crocodile skins. 4. The licence will be endorsed for the acquiring of live crocodiles only if the company is the owner of a registered crocodile farm. 5. Application should be signed here by a director or officer who is enabled to sign applications under the Exporters Licence. Form 4.—Company Crocodile Buyers Licence. PAPUA NEW GUINEA. Crocodile Trade (Protection) Act 1974. Act, Sec. 5(1)(b). Form 4. Reg., Sec. 3(b). COMPANY CROCODILE BUYERS LICENCE. (Name in full) of . . . who, in my opinion— (a) has been resident in Papua New Guinea for no less than two years immediately preceding the application for this licence; and (b) is normally resident in the Local Government Council area specified below is licenced to acquire living crocodiles and/or crocodile skins on behalf of . . . of . . . operating under Crocodile Exporters Licence No. . . . for a period of 12 months from the date of granting of this licence and in accordance with the conditions printed below— Dated . . . , 20... Minister for . . . Conditions of Licence. 1. The licensee shall not acquire, dispose of or have in his possession or control a crocodile or crocodile skin with a belly width greater than 510mm. 2. The licensee shall not acquire, dispose of or have in his possession or control a hornback skin on which the distance across the back between the outer edges of the outer longitudinal rows of raised scutes, measured at the third transverse row of scutes behind the nuchal shield (the same points as for measuring a belly skin) is greater than 170mm or less than 60mm. 3. The licensee shall not acquire, dispose of or have in his possession or control a crocodile skin with a belly width less than 180mm. 4. The licensee shall not acquire, dispose of or have in his possession or control a crocodile skin if there are not on the skin two lateral rows of scutes on either side of the skin of the abdomen. 5. The licensee shall complete and forward quarterly returns in Form 7 within 14 days of 31 March, 30 June, 30 September and 31 December in each year. 6. The licensee may acquire and dispose of crocodiles only in the . . . Local-level Government Council area. 7. The licensee, if this licence is endorsed for trading in living crocodiles for farms may trade in living crocodiles less than 180mm in belly width provided that where such a crocodile dies while in the licensee's possession or control, he must destroy the carcase as soon as possible and must not remove or retain the skin. 8. The licensee must provide a buying service during the period for which this licence is valid. 9. The licensee is deemed to remain an employee of the Company until the Conservator receives written advice that he/she has ceased to be an employee. 10. The licensee must keep and maintain reasonable quantities of materials required for the preparation and preservation of crocodile skins during the period for which the licence is valid. 11. The licensee may dispose of crocodiles only to the Company. 12. This licence is not transferable. 13. Special conditions:— NOTES: 1. The Company should apply to renew this licence at least two months before the date it expires. 2. This licence may be cancelled by the Minister if the licensee is convicted of an offence against the Act or fails to comply with the condition of the licence. 3. This licence ceases to be valid if the Company's Crocodile Exporters Licence is cancelled, or if the Company fails to renew its Crocodile Exporters Licence. 4. This licence ceases to be valid with respect to live crocodiles should the Company cease to be owner of a registered crocodile farm. Form 5.—Application for a Crocodile Exporters Licence. PAPUA NEW GUINEA. Crocodile Trade (Protection) Act 1974. Act, Sec. 5(1)(c). Form 5. Reg., Sec. 3(1)(c). APPLICATION FOR CROCODILE EXPORTERS LICENCE. Conservator of Fauna, [xxxviii] I/We apply for a licence to export crocodiles and tender the prescribed fee of K400.00. http://www.paclii.org/pg/legis/consol act/ctr1980355/# edn38# edn38 Name (if person, name in full, underline surname; if company full registered name) of . . . . 1. If applicant is not a company, show here details of Crocodile Traders Licence No. . . . and date of expiry . . . 20... 2. If the applicant is a company— registered address of company: company Crocodile Buyers Licences already held by employees of the company:— Name. Licence No. Date of expiry. Names and signatures of directors or officers of the company who may sign applications to export, etc., on behalf of the company:— Name. Signature. Position. I/We agree to comply with the provisions of the Crocodile Trade (Protection) Act and Regulations. I/We agree to comply with conditions imposed on my/our Crocodile Exporters Licences by the Minister. Dated . . . , 20... (Signature of Applicant.) Form 6.—Crocodile Exporters Licence. PAPUA NEW GUINEA. Crocodile Trade (Protection) Act 1974. Act, Sec. 5(1)(c). Form 6. Reg., Sec. 3(1)(b). CROCODILE EXPORTERS LICENCE. (Name) of . . . is licensed to export crocodiles for a period of 12 months from the date of granting of this licence and in accordance with the conditions printed below— Dated . . . , 20... Minister for Conditions of Licence. 1. The licensee shall not acquire, dispose of or have in his possession or control a crocodile or crocodile skin with a belly width greater than 510mm. 2. The licensee shall not acquire, dispose of, or have in his possession or control, a hornback skin on which the distance across the back between the outer edges of the outer longitudinal rows of raised scutes, measured at the third transverse row of scutes behind the nuchal shield (the same as for measuring a belly skin) is greater than 170mm or less than 60mm. 3. The licensee shall not acquire, dispose of, or have in his possession or control, a crocodile skin with a belly width less than 180mm. 4. The licensee shall not acquire, dispose of, or have in his possession or control, a crocodile skin if there are not on the skin two lateral rows of scutes on either side of the skin of the abdomen. 5. The licensee shall make written application to the Conservator in Form 8, specifying the species, size and grade of each crocodile and lodge this at least 14 days prior to any export of crocodiles and lodge any levy due on the export at the same time. 6. The licensee shall not export any crocodile before being granted a permit to export crocodiles and copy of a permit must accompany the shipment. http://www.paclii.org/pg/legis/consol act/cta1974264/ http://www.paclii.org/pg/legis/consol act/cta1974264/ http://www.paclii.org/pg/legis/consol act/cta1974264/ 7. Each container of crocodiles to be exported should be clearly marked "CITES" and "ORIGIN PAPUA NEW GUINEA" in letters at least 60mm high. 8. Each crocodile skin prepared for export is to be marked with a non-reusable tag of material, colour and design approved by the Conservator, and applied with a tool and in such a place as approved by the Conservator. The primary purpose of the tag is to identify each species of crocodile for the Management Authority of the importing country. 9. This licence is not transferable. 10. Special conditions: NOTE: You should apply to renew your licence at least one month before its date of expiry. Form 7.—Quarterly Return by a Crocodile Trader or Company Crocodile Buyer. PAPUA NEW GUINEA. Crocodile Trade (Protection) Act 1974. Act, Sec. 26. Form 7. Reg., Sec. 5. QUARTERLY RETURN BY CROCODILE TRADER OR COMPANY CROCODILE BUYER. Conservator of Fauna. This return is to be forwarded within 14 days of 31 March, 30 June, 30 September and 31 December in each year. Name of licencee: Postal address: Licence No. Date of expiry . . . 20... Period covered by this return—quarter ending. Price paid per inch (25.4mm) per first grade 13 inch (330mm) skins . . . during the quarter: Saltwater K . . . Freshwater K . . . . Details of crocodiles acquired during the quarter: (Note). Date. Species. Crocodile skins. Live crocodiles. Place caught or killed. FW/SW Size Grade Cut. BW or HB Size BW (use as many forms as necessary). I certify that to the best of my knowledge and belief the information provided in this return is true and accurate. Dated . . . 20... (Signature of Licencee.) Note: If the licencee maintains a purchase docket book or other record containing all the information required in the above table, he may attach a copy of each such docket, etc., covering crocodiles acquired during the quarter to this form, instead of filling in the columns above. Form 8.—Application for and Permit to Export Crocodile skins. PAPUA NEW GUINEA. Crocodile Trade (Protection) Act 1974. International Trade (Fauna and Flora) Act 1979. Customs (Prohibited Exports) Regulation 1973. Convention on International Trade in Endangered Species of Wild Fauna and Flora. Reg., Sec. 7. Form 8. APPLICATION FOR AND PERMIT TO EXPORT CROCODILE SKINS. Permit to Export Crocodile Skins No. . . . Export Country: Papua New Guinea. Valid for three months from issue. This permit is issued to . . . of . . . who declares that he is aware of the provisions of the Convention, of the International Trade (Fauna and Flora) Act 1979 and of the Crocodile Trade (Protection) Act 1974, for the purpose of exporting . . . skins of specimens of species listed as specified on the attached Appendix. These species are consigned to . . . of (address) . . . (Country). Full name of exporter: Crocodile Exporter's Licence No. . . . date of expiry . . . , 20... Total number of skins in this application— Crocodylus novaeguineae (Fresh water crocodile): Crocodylus porosus (Salt water crocodile): Number of containers: . . . . Marks on containers: http://www.paclii.org/pg/legis/consol act/cta1974264/ http://www.paclii.org/pg/legis/consol act/cta1974264/ http://www.paclii.org/pg/legis/consol act/cta1974264/ Address where skins may be inspected: Address where permit should be sent: Method of export: . . . . Departure date: . . . 20... Port: Export levy—total number of inches Total levy: K . . . . Payment attached: K . . . . Dated . . . 20... (Signature of Applicant.) Conditions of Export. 1. Two copies of this form are to be completed by the applicant. The copies must agree in all respects, and must reach the Conservator at least 14 days before proposed export. 2. One signed and stamped copy will be returned to the applicant. That copy must accompany the consignment. 3. Every skin to be exported must be accurately described on the attached sheet. 4. Any skin acquired or possessed in contravention of the Crocodile Trade (Protection) Act 1974 is a prohibited export under the Customs Act 1951. 5. Each skin prepared for export is to be marked with a non-reusable tag as approved by the Conservator. Freshwater skins are to be marked with a . . . tag. Saltwater skins with a . . . tag. 6. Each container for export to be marked with the words "CITIES" and "ORIGIN PAPUA NEW GUINEA" in letters 60mm high. 7. Other conditions:— Permission is granted to export the crocodile skins detailed in this permit. Dated . . . 20... Conservator of Fauna. (Management Authority) This permit is not valid unless original stamp and signature of Conservator appear here* Stamps of authorities inspecting: http://www.paclii.org/pg/legis/consol act/cta1974264/ http://www.paclii.org/pg/legis/consol act/cta1974264/ (a) an exportation* (b) an importation* *This stamp voids the permit for further trade purposes and this permit shall be surrendered to the Management Authority. APPENDIX. Export of crocodile skins by (exporter) from (Port) to (destination). Freshwater Belly. Saltwater Belly. Freshwater Hornback. Saltwater Hornback. Total No. of inches. Grades Grades Grades Grades I II III I II III I II III I II III Departmental use only. 1. Total number of skins: 2. Value as per Export Entry (Actual Value): 3. Total number of inches: 4. Value per inch (for purpose of Export Levy only) K 5. Value of skins for calculation of Levy K 6. Levy K Export Permit No.: Form 9.—Application to Register Crocodile Farm. PAPUA NEW GUINEA. Crocodile Trade (Protection) Act 1974. Act, Sec. 11. Form 9. Reg., Sec. 8. APPLICATION TO REGISTER CROCODILE FARM. Conservator of Fauna, [xxxix] I, (name in full, underline surname or full registered company name) of (address) apply to register a Crocodile Farm and tender the prescribed fee of K200.00 and provide the following information:— 1. Full name of owner of farm: Full postal address: http://www.paclii.org/pg/legis/consol act/ctr1980355/# edn39# edn39 Registered address of Company: Name of manager or occupier of farm (if not the owner): Location of farm (give portion or lot number if applicable): Number of crocodiles on farm on date of application— Freshwater: Saltwater: Maximum number of crocodiles planned for farm (if known): Name of farm (if any): Details of licences held under this Act by owner, manager, occupier, employees, etc.— Name: Licence No. Date of expiry: Details of any licences applied for— Name: Type of licence: 2. I agree to comply with the provisions of the Crocodile Trade (Protection) Act and Regulations. 3. I agree to comply with any conditions of registration imposed by the Conservator. Dated . . . , 20... (Signature of Applicant.) NOTE: A crocodile farm must be registered if— (a) 200 or more crocodiles are kept on it at any one time; or (b) the owner, occupier, manager or an employee hold or are required to hold any licence under the Act; or (c) where the owner, occupier or manager is not a citizen. Form 10.—Certificate of Registration of Crocodile Farm. PAPUA NEW GUINEA. Crocodile Trade (Protection) Act 1974. Act, Sec. 11. Form 10. Reg., Sec. 8. CERTIFICATE OF REGISTRATION OF CROCODILE FARM. (Name in full, underline surname) of (address) has registered the Crocodile Farm details of which are given below, for a period of 12 months from the date of this certificate, and must comply with the conditions printed below. Dated . . . , 20... Conservator of Fauna. Details of farm: Name of farm: Location of farm: Owner of farm: Name of manager or person in charge: Conditions of Registration. 1. The licensee shall not acquire, dispose of or have in his possession or control, a crocodile or crocodile skin with a belly width greater than 510mm. 2. The licensee shall not acquire, dispose of or have in his possession or control, a hornback skin on which the distance across the back between the outer edges of the outer longitudinal rows of raised scutes, measured at the third transverse row of scutes behind the nuchal shield (the same points as for measuring a belly skin) is greater than 170mm or less than 60mm. 3. The licensee shall not acquire, dispose of or have in his possession or control a crocodile skin with a belly width less than 180mm. 4. The licensee shall not acquire, dispose of or have in his possession or control a crocodile skin if there are not on the skin two lateral rows of scutes on either side of the skin of the abdomen. 5. Any licence required to be held by the owner, manager, occupier or an employee to enable the lawful acquisition of crocodiles for the farm must be valid at all times. 6. Where a living crocodile with belly width under 180mm dies on the farm, the owner must destroy the carcase as soon as possible and must not remove or retain the skin. 7. Where a living crocodile kept on the farm is found to have grown to exceed 510mm in belly width, the owner shall— (a) place the crocodile in a separate pen; and (b) advise the Conservator in writing as soon as practicable; and (c) advise the nearest office where a Wildlife or Rural Development Officer is posted; and (d) maintain the crocodile until he is advised by the Conservator of action to be taken with respect to the crocodile. 8. Where unusual numbers of crocodiles die or become ill on the farm, the owner shall— (a) advise the Conservator by telephone or telegram or if this is not possible, in writing; and (b) advise the nearest office where a Wildlife or Rural Development Officer is posted; and (c) if practicable, separate the ill or infected crocodiles into separate pens. 9. In the event of an outbreak of disease, etc., the Conservator may direct that no crocodile be moved into or off the farm until the cause of the disease has been investigated and action taken to prevent its spread. 10. The owner should allow Rangers and Wildlife Officers access to the farm at any reasonable time for the purposes of inspection of the farm and crocodiles, and should make available information of acquisition, stock held, feeding, deaths, illness and losses and disposed of crocodiles, if requested. 11. Should the circumstances of the farm change in any way so that the farm no longer is required to be registered, the owner may advise the Conservator in writing of the new circumstances. The Conservator may then cancel the registration. However, at the owner's request the farm may remain registered even if it does not meet the requirements of Section 7 of the Act. 12. The owner of a farm must ensure that a live crocodile is not kept or transported under conditions likely to result in the death of that crocodile by physical injury, disease, thirst, starvation, exposure to heat, cold or lack of oxygen, trampling, suffocation, or any other cause except slaughter for commercial purposes. 13. The owner of a farm must ensure that, as far as practicable, injured or diseased crocodiles are kept apart from other crocodiles on the farm. 14. The owner of a farm shall complete and forward a half-yearly return in Form 11 within 14 days of 30 June and 31 December in each year. 15. Where the owner or occupier or an employee on a farm is not a citizen, he may kill a crocodile on the farm providing all other conditions are complied with. NOTES: 1. You should apply to renew this registration at least one month before the date it expires. 2. The Conservator may cancel the registration of a farm if a licence held by the owner or an employee and which is necessary to the continuation of the farm is cancelled under Section 7 of the Act. 3. The owner of a crocodile farm who fails to comply with a condition of a Certificate of Registration is liable to a fine not exceeding K200.00 with a default penalty not exceeding K20.00. Form 11.—Half Yearly Return for Registered Crocodile Farm. PAPUA NEW GUINEA. Crocodile Trade (Protection) Act 1974. Act, Sec. 11. Form 11. Reg., Sec. 8. HALF YEARLY RETURN FOR REGISTERED CROCODILE FARM. Conservator of Fauna, (This return is to be forwarded with 14 days of 30 June and 31 December in each year.) Name of owner of farm: Address: Registered No. of farm: Name of farm: Name of manager or person in charge: Details of licences held in relation to farm— Name. Licence No. Date of expiry. Period covered by this return—half year ended: Total stock of crocodiles on hand before period covered by this return— Freshwater: Saltwater: Total stock of crocodiles on hand at the end of the period covered by this return— Freshwater: Saltwater: Details of all crocodiles added to stock during period (e.g. acquired, caught, etc.)— Species: No. Size: Details (acquired, caught etc.): I certify that to the best of my knowledge and belief, the information provided in this return is true and accurate. Dated . . . 20... (Signature of Owner.) NOTE: If the owner maintains a stock record containing all the information required in Items 8, 9, 10 and 11 of the Conditions of Registration, he may attach a copy of each page or card covering the period to this return and need not fill in the columns above. Form 12.—Authorization to take Crocodiles. PAPUA NEW GUINEA. Crocodile Trade (Protection) Act 1974. Act, Sec. 22. Form 12. Reg., Sec. 9. AUTHORIZATION TO TAKE CROCODILES. (Name and position) of (department or authority, address); is authorized to— take/kill/acquire/possess/ export* the following crocodiles:— Species. No. Subject to the following conditions:— 1. The authorized officer will carry out the above acts only as part of his official duties. 2. The authorized officer may carry out the above acts only in the following area or areas:— 3. Where necessary the authorized officer will consult with landowners and obtain their consent to carry out his work on traditionally owned land. 4. The crocodiles will be kept or disposed of in the following manner:— 5. This authorization is valid until . . . 20... 6. Other conditions: Dated . . . 20... Conservator of Fauna. *Strike out whichever is inapplicable. NOTE: An officer who fails to act in accordance with this authorization is liable to a fine not exceeding K100.00. Form 13.—Application to take Crocodiles. PAPUA NEW GUINEA. Crocodile Trade (Protection) Act 1974. Act, Sec. 23. Form 13. Reg., Sec. 10. APPLICATION TO TAKE CROCODILES. Conservator of Fauna, [xl] 1. I, (full name), (position) of the (full name and address of institution) tender the prescribed fee of K100.00 and nominate (full name of representative) of (address) and request permission for him/her* to take/kill/acquire/possess/dispose of *the following crocodiles:— Species. No. Size, etc. 2. The crocodiles will be in the following area(s):— 3. In support of this application the following information is supplied:— (a) full details of the project or research proposal requiring the crocodiles (attach); and (b) details of the aims and activities of this institution (attach); and (c) details of the nominated representative including his experience and ability to identify the species of crocodiles, etc., (attach). Dated . . . 20... (Signature of Applicant.) 4. (a) I will not export any crocodiles without first obtaining a permit to export from the Conservator; and (b) I will comply with all provisions of the Crocodile Trade (Protection) Act and other laws in force in Papua New Guinea; and (c) I will first consult with landowners and obtain their permission before entering traditional or private land to take or mark any crocodiles; and (d) I will comply with all conditions of my permit if granted. Dated . . . 20... (Signature of Representative.) *Strike out whichever is inapplicable. Form 14.—Permit to take Crocodiles. http://www.paclii.org/pg/legis/consol act/ctr1980355/# edn40# edn40 PAPUA NEW GUINEA. Crocodile Trade (Protection) Act 1974. Act, Sec. 23. Form 14. Reg., Sec. 10. PERMIT TO TAKE CROCODILES. (Name in full, underline surname) of . . . is permitted to take/kill/acquire/possess/dispose of* the following crocodiles:— Species. No. Size etc. on behalf of the (name of institution) and subject to the conditions printed below. Dated . . . 20... Conservator of Fauna. *Strike out whichever is inapplicable. Conditions of Permit. 1. The crocodiles listed may be . . . in the following area(s):— 2. The holder of this permit may not take crocodiles in any Sanctuary, Protected Area, National Park, Wildlife Management Area, or other area protected by law, without express permission under the relevant legislation. 3. This permit is valid until . . . 20... 4. The holder may not export crocodiles without first obtaining the necessary permit to export from the Conservator. 5. The holder must comply with the provisions of the Crocodile Trade (Protection) Act, the Fauna (Protection and Control) Act and other conservation legislation. 6. The holder, where he wishes to take, kill or mark crocodiles on traditional land will— (a) consult with the landowners and obtain their consent; and (b) be considerate of public opinion and cease his activities if requested to do so. 7. The holder must have a copy of this permit in his possession at all times he is acting under it, and produce it on request by a Ranger, Wildlife Officer, Police Officer or landowner. 8. The holder will allow a Ranger or Wildlife Officer to inspect the area and facilities where any crocodiles are being held. 9. The holder will advise the Conservator in writing, within 14 days of— (a) the completion of his project under the permit or the date of expiry of the permit; and (b) full details of all crocodiles taken, possessed, etc., under the permit. 10. Any crocodiles no longer required by the holder shall be disposed of as directed by the Conservator. 11. Where the holder is marking and releasing crocodiles, he shall— (a) use only approved brands or marks; and (b) not hold crocodiles longer than . . . before releasing them; and (c) not move a crocodile more than 1 km from its capture area; and (d) not dispose of crocodiles except by release unless this permit allows otherwise. 12. Special conditions. NOTE: Should the holder fail to comply with a condition of this permit, he is liable to a fine not exceeding K100.00 for each crocodile. [xli] Schedule 2.—Fees. SCHEDULE 2 Act. Sec. 26(b) FEES K. 1. Licence to acquire and dispose of crocodiles 40.00 2. Licence to acquire crocodiles for export 100.00 3. Licence to export crocodiles 400.00 4. Registration of crocodile farm 200.00 5. Application to take crocodiles 100.00". [xxxv]Section 10 amended by: • Crocodile Trade (Protection) (Amendment) Regulation 1986 (No. 11 of 1986), s1. • Crocodile Trade (Protection) (Amendment) Regulation 1998 (No. 16 of 1998), s1). http://www.paclii.org/pg/legis/consol act/ctr1980355/# edn41# edn41 http://www.paclii.org/pg/legis/consol act/ctr1980355/# ednref35# ednref35 [xxxvi]Form 1 fee amended by • Crocodile Trade (Protection) (Amendment) Regulation 1986 (No. 11 of 1986), s2(a). • Crocodile Trade (Protection) (Amendment) Regulation 1998 (No 16 of 1998), s2(a). [xxxvii]Form 3 fee amended by • Crocodile Trade (Protection) (Amendment) Regulation 1986 (No. 11 of 1986), s2(b). • Crocodile Trade (Protection) (Amendment) Regulation 1998 (No 16 of 1998), s2(b). [xxxviii]Form 5 fee amended by • Crocodile Trade (Protection) (Amendment) Regulation 1986 (No. 11 of 1986), s2(c). • Crocodile Trade (Protection) (Amendment) Regulation 1998 (No 16 of 1998), s2(c). [xxxix]Form 9 fee amended by • Crocodile Trade (Protection) (Amendment) Regulation 1986 (No. 11 of 1986), s2(d). • Crocodile Trade (Protection) (Amendment) Regulation 1998 (No. 16 of 1998), s2(d). [xl]Form 13 amended by • Crocodile Trade (Protection) (Amendment) Regulation 1986 (No. 11 of 1986), s2(e). • Crocodile Trade (Protection) (Amendment) Regulation 1998 (No 16 of 1998), s2(e). [xli]Schedule 2 repealed and replaced by: • Crocodile Trade (Protection) (Amendment) Regulation 1986 (No. 11 of 1986), s3. • Crocodile Trade (Protection) (Amendment) Regulation 1998 (No. 16 of 1998), s3. http://www.paclii.org/pg/legis/consol act/ctr1980355/# ednref36# ednref36 http://www.paclii.org/pg/legis/consol act/ctr1980355/# ednref37# ednref37 http://www.paclii.org/pg/legis/consol act/ctr1980355/# ednref38# ednref38 http://www.paclii.org/pg/legis/consol act/ctr1980355/# ednref39# ednref39 http://www.paclii.org/pg/legis/consol act/ctr1980355/# ednref40# ednref40 http://www.paclii.org/pg/legis/consol act/ctr1980355/# ednref41# ednref41 © 2005 University of the South Pacific