North-West Frontier Province Wildlife (Protection, Preservation, Conservation and Management) Act, 1975

05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management 294 Environmental Law in Pakistan I N.W.F.P THE NORTH WESTERN FRONTIER PROVINCE WILD-LIFE (PROTECTION, PRESERVATION, CONSERVATION AND MANAGEMENT) ACT, 1975. 1st August, 1975 N.-W.F.P. ACT No. V OF 1975 [First published after having received the assent of the Governor of the North-West Frontier Province, in the Gazette of North-West Frontier Province (Extraordinary), dated the 1st August, 1975) AN ACT to amend an consolidated the law relating to protection, preservation, conservation and management of wild-life in the North-West Frontier Province. WHEREAS it is expedient to amend and consolidate the law relating to protection, preservation, conservation and management of wildlife in the North-West Frontier Province, in the manner hereinafter appearing; It is hereby enacted as follows: 1. (1) This Act may be called the North-West Frontier Province, Wild-life (Protection, Preservation, Conservation and Management) Act, 1975. (2) It extends to the whole of the North-West Frontier Province, except the Tribal Areas. (3) It shall come into force at once. (4) Nothing hereinafter provided shall be deemed to authorise any person to hunt in the reserved or protected forest or protected waste land as constituted and declared under the provisions of the Forest Act, 1927 (Act XVI of 1927), or the Hazara Forest Act, 1936 (N.-W. F. P. Act VI of 1937), or on any person’s private property with out permission. (5) The provisions of this Act shall not apply to Dhakani petgrey partridges. 2. On this Act, unless the context otherwise requires: (a) “Board” means the North-West Frontier Province Wild-life Management Board, constituted under section 4; 5.1.4.1 NWFP Wildlife (Protection, Preservation, Conservation and Management) Act 1975 5.1.4 Wildlife/Fauna, Non-Timber, Flora ~----------~ 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management Environmental Law in Pakistan I N.W.F.P 295 (b) “certificate”, “licence”, “special licence”, “permit” or “special permit” means respectively a certificate, a licence, a special licence, a permit or a special permit granted or issued under this Act; (c) “dealer”, when used in relation to wild animals, trophies or meat, shall mean any person who, in the course of trade or business carried on by him whether on his own behalf or on behalf of any person, (i) sells, purchases or barters any wild animal, its meat or trophy; (ii) cuts, carves, polishes, preserves, cleans, mounts or otherwise prepares any such wild animal, trophy or meat or manufactures any article therefrom; (d) “game animal” means a wild animal specified in the First Schedule; (e) “game reserve” means any area declared as such under section 17; (f) “Government” means the Government of the North-West Frontier Province; (g) “hunt” means any act directed immediately to the killing or capturing of a wild animal and shall include taking the nest or egg of a wild animal; (h) “meat” means the fat, blood, flesh or any eatable part of wild animal, whether fresh or preserved; (i) “national park” means an area declared as such under section 16; (j) “offence” means an offence punishable under this Act or any rules made thereunder; (k) “officer” means any person appointed as such under section 3 and includes every forest officer as defined in the Forest Act, 1927 (Act XVI of 1927), and the Hazara Forest Act, 1936 (N.-W. F. P. Act VI of 1937); (l) “prescribed” means prescribed by rules; (m) “private game reserve” means an area declared as such under section 19; (n) “protected animals” means a wild animal specified in the Third Schedule; (o) “province” means the North-West Frontier Province; (p) “rules” means rules made under this Act; (q) “Schedule” means Schedule appended to this Act; (r) “section” means a section of this Act; (s) “trophy” means any dead body or any horn, antler, tooth, tusk, bone, claw, hoof, skin, hair, feather, egg-shell or other durable part of game animal or protected animal whether or not included in manufactured or processed article; (t) “wild animal” means wild birds or animals specified in the First and Third Schedules; 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management 296 Environmental Law in Pakistan I N.W.F.P (u) “wild-life” includes organic resources, animals, birds, reptiles, vegetation, soil and water; and (v) “wild-life sanctuary” means the area declared as such under section 15. 3. (1) Government may, for the purposes of this Act, appoint such officers, including honorary officers, on such terms and conditions as it may determine. (2) Except as may otherwise be prescribed, as honorary officer shall have all powers conferred by this Act and shall hold office for such period and subject to such conditions as may be prescribed. 4. (1) As soon as may be after the commencement of this Act, Government shall establish a Board to be called the North-West Frontier Province Wild-life Management Board. 1[(2) The Board shall perform the functions specified in section 5 and such other functions as Government may, from time to time, assign to it]. (3) The Board shall consist of (i) a Chairman; and (ii) such number of members as may be appointed by Government (4) Chief Minister of the Province shall be the Chief Game Warden and ex officio Chairman of the Board. (5) A member shall, unless he sooner resigns or is removed by Government, hold office for such terms as may be prescribed. (6) The Chairman may appoint any person as Secretary of the Board. (7) The meeting of the Board shall be held at such times and at such places and in accordance with such procedure as may be prescribed. 2[5. Functions of the Board; - The Board shall (a) advise Government on policy decisions relating to conservation and development of wild-life and game management in the Province; (b) scrutinise the development schemes relating to wild-life and game management in the Province referred to it by Government; and (c) review the progress of development activities in the field of wild-life protection, preservation, conservation and management in the province.] 6. 3[………….] 7. Government may require the Board to furnish it with any document, return, statement, estimate, information of report regarding any matter 2pertaining to the functions] of the Board and the Board shall comply with every such requisition. 8. No persons shall 1 In section 4 Sub-section (2) substituted by N.-W. F. P. Ordinance No. II of 1984 Section 1 2 Section 5 substitued by N.-W. F. P. Ord. No. II of 1984, Section 3 3 Section 6 omitted by N.W.F.P. Ord. No. II of 1984 section 4. 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management Environmental Law in Pakistan I N.W.F.P 297 (i) hunt any wild animal by means of a set gun, drop spear, deadfall, gun trap, explosive projectile, bomb, grenade, baited hook, net, snare or any other trap, an automatic weapon, or a weapon of a calibre used by the Pakistan Army or Police Force or by means of a projectile containing any drug or chemical substance, likely to anesthetize, paralyse, stupify or render incapable an animal whether partly or totally; (ii) hunt any protected animal; (iii) hunt any game animal except under a permit and in accordance with the provisions of this Act or the rules; Provided that no person shall hunt any game animal other than birds or hares with a shot gun or with non-magnum rifle of 22 calibre or less; (iv) use, or have in his possession any net, snare, bhagwa, poison or like injurious substance for the purpose of hunting a game animal; (v) use vehicle of any type to pursue any game animal, or to drive or stampede game animal for any purpose whatsoever; (vi) shoot any game animal from any conveyance or from within two hundred yards of the conveyance; 1[ (vii) except in the case of ducks of all kinds, hunt with the help of decoys or call birds;] (vii) construct or use, for the purpose of hunting any wild animal, any pitfall, game pit, treach or similar excavation, any fence or enclosure; or use bhagwa or any other similar contribance: Provided that it shall not be an offence to use – (a) a motor vehicle or aircraft to drive any wild animal away from an aerodrome or airstrip when such action is necessary to ensure the safety of aircraft using that aerodrome; (b) any one or more of the aforesaid prohibited methods if the officer authorised in this behalf grants, at his discretion, a licence with permission to employ such method; 1[ (ix) except in the case of ducks of all kinds, hunt after sunset and before sunrise;] (x) hunt by hiding near a water hole or salt licks. 9. No person shall use hawks for hawking or dogs, for coursing the game animals except upon payment of a fee – (i) of one hundred rupees per annum, in the case of any hawk; and (ii) of twenty rupees per annum, in case of a pair of grey hounds. 1 In section 8 clauses (vii) and (ix) Positively substituted by Act No. V of 1976 Section 2 (a,) (b). 1 In section 8 clauses (vii) and (ix) Positively substituted by Act No. V of 1976 Section 2 (a,) 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management 298 Environmental Law in Pakistan I N.W.F.P 10. Any protected animal or game animal which is found dead or dying or which has been killed or caught otherwise than in accordance with the provisions of this Act and any meat or trophy thereof shall be property of Government. 11. (1) No person shall be in possession of any wild animal, dead or alive, trophy or meat of a kind specified in the Second Schedule unless he be in possession of a Certificate of Lawful Possession granted in respect thereof by the officer authorised in this behalf: Provided that any person importing any wild animal, trophy or meat of a wild animal in accordance with the provisions of this Act, or acquiring such animal, trophy or meat in accordance with the terms of a permit issued under this Act, shall obtain such certificate by applying to the authorised officer within thirty days from the date of importing or acquiring the animal, trophy or meat. (2) The officer authorised in this behalf may mark or register the animal, trophy or meat in respect of which a Certificate of Lawful Possession is issued, in the prescribed manner, or he may seize; pending the taking of legal action under this Act, any such animal, trophy or meat which in his opinion has not been legally imported or acquired. (3) No person shall counterfeit, change or in any way interfers with any mark or registration of animal, trophy or meat for which a Certificate of Lawful Possession has been issued or alter or in any way change a Certificate of Lawful Possession. 12. (1) No person shall transfer by gift, sale or otherwise to any other person any animal, trophy or meat of a kind specified in sub-section (1) of section 11 unless he be in possession of a Certificate of Lawful Possession in respect thereof, and such certificate is endorsed with details of the transaction and given to the transfer at the time of the transfer. (2) No person shall receive by gift, purchase or otherwise any animal, trophy or meat of a kind specified in sub-section (1) of section 11 unless he receives at the same time a valid Certificate of Lawful Possession in respect thereof. 13. (1) No person shall import or attempt to import in the Province any wild animal of an endemic or exotic species, or any trophy or meat of a kind specified in sub section (1) of section 11, except under an import permit granted under this Act and if such import be from outside Pakistan except through a customs post of entry and subject to any law relating, to control on imports for the time being in force. (2) No person shall export or attempt to export out of the Province any animal, trophy or meat specified in sub-section (1) of section 11 except under an export permit granted under this Act and if such export be to any country outside Pakistan except through a customs post of exit and subject to any law relating to control on export for the time being in force. (3) Nothing in this section shall apply to any animal, trophy or meat in transit through the Province if such animal, trophy or meat, (i) is accompanied by necessary transit customs documents; (ii) is entered through a customs post of entry or is schedules to a customs post of exit; or 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management Environmental Law in Pakistan I N.W.F.P 299 (iii) is not unloaded from the conveyance on which it is being carried or, in the case of rail or air transport, it does not leave the precincts of the railway station or airport at which it is landed or trans-shipped or does not remain therefor more than forth-eight hours. 14. (1) No person shall as a profession, trade or business, buy, sell or otherwise deal in wild animal, trophies or meat thereof or process of manufacture goods or articles from such trophies or meat, unless he is in possession of a valid licence, hereinafter called a dealer’s licence, to do so, issued by an officer authorised in this behalf. (2) The officer authorised under sub-section (1) may, on payment of such fees as may be prescribed, grant a dealer’s licence to be valid for one year to any person which shall entitle the licensee to deal in any wild animal, trophy or meat thereof, or any class of wild animals, trophies or meat specified in such licence. (3) For the purpose of assessment of fees, dealers may be divided into different classes and a different fee may be prescribed for each class. (4) The holder of the dealer’s licence shall maintain such register or record of his dealings in such manner as may be prescribed, and shall produce them for inspection at any reasonable time when called upon to do so. 15. (1) Government may, by notification in the officials Gazette, declare any area which is the property of Government or over which Government has proprietary rights to be wild-life sanctuary and may demarcate it in such manner as may be prescribed. (2) The wild-life sanctuary shall be set aside as un-disturbed breeding ground for the protection of wild-life and access thereto for public shall, except in accordance with the rules, be prohibited and no exploitation of forest therein shall be allowed except for reducing fire-hazards, epidemic or insect attacks or other natural calamities. (3) No person shall – (i) enter or reside, (ii) cultivate any land, (iii) damage or destroy any vegetation, (iv) hunt, kill or capture any wild animal or fire any gun or other fire-arm within one mile of the boundaries, (v) introduce any exotic species of animal or plant, (vi) introduce any domestic animal or allow it to stray, (vii) cause any fire, or (viii) pollute water, in a wild-life sanctuary; Provided that Government may, for scientific purposes or for aesthetic enjoyment or betterment of scenery, authorise the doing of the aforementioned acts. 16. (1) With a view to the protection and preservation of scenery, flora and fauna in the natural estate, Government may, by notification in the official Gazette, declare any area which is the property of Government or over which Government has 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management 300 Environmental Law in Pakistan I N.W.F.P proprietary rights to be a national park and may demarcate it in such manner as may be prescribed. (2) A national park shall be accessible to public for recreation, education and research subject to such restrictions as Government may impose. (3) Provision for access roads to and construction of rest houses, hostels and other buildings in the national park along with amenities for public may be so made and the forest therein shall be so managed and forest produce obtained as not to impair the object of the establishment of the national park. (4) The following acts shall be prohibited in a national park : (i) hunting, shooting, trapping, killing or capturing of any wild animal in a national park or within three miles radius of its boundary; (ii) firing any gun or doing any other act which may disturb any animal or bird or doing any act which interferes with the breeding places; (iii) felling, tapping, burning or in any way damaging or destroying, taking, collecting or removing any plant or tree therefrom; (iv) clearing or breaking up any land for cultivation, mining or for any other purposes; and (v) polluting water flowing in and through the national park; Provided that Government may, for scientific purpose or betterment of the national park, authorise the doing of the aforementioned prohibited act. 17. Government may declare any area to be a game reserve, where hunting and shooting of wild animal shall not be allowed, except under a special permit, which may specify the maximum number of animals or birds that may be killed or captured and the area and duration for which such permits shall be valid. 18. Government may, from time to time, by notification in the official Gazette, declare any alteration in the boundaries of wild-life sanctuary, national park, and game reserve declared under this Act. 19. (1) Where Government is satisfied that an area of private land has been dedicated by its owner for the purposes similar to a game reserve, it may, by notification in the official Gazette, and on the application of the owner of the area, declare such area to be a private game reserve. (2) Hunting and shooting of wild animals by any person other than the owner of the area shall not be allowed in a private game reserve except with the permission of the owner thereof. (3) The owner of a private game reserve shall exercise within the limits of his private game reserve the same powers as are exercisable by an officer under this Act. (4) Government may, by notification in the official Gazette, at any time, declare that any private game reserve shall cease to by a private game reserve. 20. (1) Whoever contravenes or attempts to contravene, (i) any provisions of sections 11, 12, 13 and 14 shall be punished with imprisonment which may extend to a period of one year or with fine which may extend to one thousand rupees, or with both, and any licence or permit granted or issued to him under this Act shall be suspended for a period of two years; 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management Environmental Law in Pakistan I N.W.F.P 301 (ii) any provisions of section 8 shall be punished with imprisonment which may extend to two years, or with fine which may extend to one thousand rupees, or with both; (iii) any provisions of section 9, 10 and 27 shall be punished with a fine which may extend to five hundred rupees; (iv) any provisions of this Act or any rule for the contravention of which no specific penalty is provided, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. (2) Whoever interferes or attempts to interfere in the performance of any functions or in the discharge of any duties under this Act, shall be punished as in clause I) of sub-section (1). (3) Whoever, having already been convicted of an offence under sub-section (1) or sub-section(2) is again convicted thereunder, shall, on every subsequent conviction, be punished with imprisonment which shall not be less than twelve months, or with fine which shall not be less than one thousand rupees or both, and his fire-arm, vehicle, appliance or anything used in the commission of the offence and his hunting licence shall be confiscated and he shall not be eligible to a hunting permit, licence or a special permit for a period of two years. 20. Abetment of any offence under this Act of the rules made thereunder shall be punishable as the offence. 21. (1) Notwithstanding any other provision of this Act, it shall not be an offence if– (a) any person kills any wild animal by any means in the immediate defence of his own life or that of any other person; (b) the owner of standing crops or his employee kills any wild animal which is doing material damage to those crops by any means within the bounds of those crops; (c) the owner of livestock or his employees kills any wild animal that is doing damage to the livestock by any means within a reasonable distance where that livestock is grazing or where it is enclosed for the night; Provided that clause (b) and clause (c) shall not apply to any unlawful cultivation in a national park, wildlife sanctuary and a reserved or protected forest or any livestock unlawfully grazing or herded therein. (2) The killing under sub-section (1) of wild animals specified in the First and Third Schedules shall be reported to the nearest office established for the purposes of this Act with the least possible delay. (3) The meat or trophy of any wild animal killed in self defence shall be the property of Government and shall be disposed of as directed by the officer authorised in this behalf. 23. When in any proceedings taken under this Act, or in consequence of anything done under this Act, a question arises as to whether any wild animal, trophy or meat is the 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management 302 Environmental Law in Pakistan I N.W.F.P property of Government, such wild animal, trophy or meat shall be presumed to be the property of Government until the contrary is proved. 24. When officer or any other person authorised by Government in this behalf, may search any person, premises, vessels, vehicle, animal, packages receptable or covering so as to satisfy himself whether or not an offence under this Act has been committed. 25. Any officer or any person authorised by Government in this behalf, may seize any wild animal, dead or alive, together with any fire-arm, net, trap, snare, bow, arrow or any vehicle or vessel or anything whatsoever used or suspected to have been used in the commission of an offence under this Act. 26. Notwithstanding any other provision of this Act, the officer or any other person authorised in this behalf, may sell any property seized, under section 25 which, is subject to speedy and natural decay and may, subject to the determination of the rights thereto, deal with the proceeds in such manner as may be prescribed. 27. Every person in possession of any wild animal specified in the Third Schedule shall produce his Certificate of Lawful Possession on demand made by any officer or any other person authorised by Government in this behalf. 28. Every coupe purchaser of forest produce, Lambardar, Canal Patwari, Public Works Department Daroga, Chowkidar, Dafadar, village watchman, Abdar, Zilladar, Revenue Patwari, Qanungo and Tehsildar shall be bound, in the absence of reasonable excuse, to give to any officer or any person authorised in this behalf by Government, information in respect of any snaring, trapping, netting, unauthorised killing, or any other offence under this Act, committed within the limits of his jurisdiction, as soon as the commission of such offence comes to his knowledge. 29. When the offender is not known or cannot be found any officer authorised in this behalf may, if he finds that an offence has been committed, confiscate the property used in the commission of the offence. 30. Every officer or any other person authorised by Government in this behalf shall be competent to prevent by all lawful means the commission of any offence under this Act. 31. Cognizance of any offence under this Act shall not be taken by any Court except on the complaint of the officer or any person authorised by Government in this behalf. 32. No Court inferior to that of a Magistrate of the First Class shall take cognizance of and try an offence under this Act. 33. The District Magistrate or any Magistrate of the First Class specially empowered in this behalf by Government may try summarily any offence punishable under this Act. 34. Nothing contained in this Act, shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence under this Act, or from being liable under any other law to any higher punishment or penalty than that provided by this Act. 35. (1) Government may, by notification in the official Gazette, empower an officer (a) to accept from any person against whom reasonable suspicion exists that he has committed any offence under this Act, a sum of money by way of compensation for such offence; 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management Environmental Law in Pakistan I N.W.F.P 303 (b) when any property has been seized as liable to confiscation, to release the same on payment of the value thereof, as estimated by such officer. (2) On the payment of compensation, such sum of money, or such value or property under sub-section (1) or both, as the case may be, the suspected person if in custody, shall be discharged and the property, if any, seized shall be released and no further proceedings shall be taken against such person or property. (3) The sum of money accepted as compensation under clause (a) of sub-section (1) shall in no case exceed the sum of five hundred rupees. (4) No officer shall have power to compound a second and subsequent offence under this Act. 36. Government may invest any officer or any other person authorised in this behalf with all or any of the following powers, that is to say – (a) the powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects; (b) the power to issue a search warrant under the Code of Criminal Procedure, 1898 (Act V of 1898); (c) the power to hold an inquiry into offence under this Act and in the course of such inquiry to receive and record evidence; and (d) the powers to prosecute a case before a Magistrate. 37. The officers or persons authorised under any provisions of this Act to do a certain thing or act in certain manner shall be deemed to be public servants within the meaning of the Pakistan Panel Code (Act XLV of 1860). 38. No suit, prosecution or other legal proceedings shall be lie against any officer for anything in good faith done or intended to be done in pursuance of any provision of this Act or the rules made thereunder. 39. Every police officer shall, upon request made by any officer or person employed under this Act, assist him in the due discharge of his duties under this Act. 40. Government may, by notification in the official Gazette, delegate all or any of the powers conferred upon it under the provisions of this Act to any Officer subordinate to it. 41. Notwithstanding anything contained in this Act, Government may, in the interest of any scientific or public purpose, allow, by notification in the official Gazette, killing and capturing of such wild animals in such places and by such means as may be specified in the notification. 42. Government may, by notification in the official Gazette, in respect to any specified area – (i) add to or exclude from the Schedules any wild animals, subject to such conditions as it may impose in each case; and (ii) alter the period during which any wild animal specified in the First Schedule may be killed. 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management 304 Environmental Law in Pakistan I N.W.F.P 43. (1) Government may make rules for the purposes of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the forgoing powers, such rules may provide for (a) the powers and duties of the officers and other person specially authorised to perform functions under this Act; (b) the form in which, the terms and conditions on which, a licence special licence, a permit or special permit may be granted; (c) the fees to be charged for any licence or permit or special licence or special permit; (d) in the case of any species of wild animals, the number and the sex that may be killed under a special permit; (e) reward to persons who render help in detection of offences under this Act; (f) the authorities by whom, the conditions on which, and the manner in which licences may be issued; and (g) the management of wild-life sanctuaries, national parks and game reserves 44. (1) The following enactments are hereby repealed : (a) The Wild Birds and Animals Protection Act, 1912 (Act No. VIII of 1912) (b) The West Pakistan Wild-life Protection Ordinance, 1959 (W. P. Ord. No. LVI of 1959); and (c) The North-West Frontier Province Wild-life (Protection, Preservation, Conservation and Management) Ordinance, 1975 (N.-W.F.P. Ord. No. V of 1975) (2) Notwithstanding the repeal of the enactments mentioned in sub-section (1), everything done, action taken, obligations, liability, penalty or punishment incurred, inquiry or proceedings commenced, officer appointed or person authorised, jurisdiction or power conferred, rule made and licence or order issued under the provisions of the said enactments or rules made thereunder shall continue in force, and so far as may be, deemed to have been respectively done, taken incurred, commenced, appointed, authorised, conferred, made or issued under this Act and any enactment or document referring to any of the said provisions shall, as far as may, be, construed to refer to this Act or the corresponding provisions thereof. 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management Environmental Law in Pakistan I N.W.F.P 305 SCHDULE. FIRST SHEDULE. [See section 2 (d), (t), 22 (2) and 42 (ii)] GAMES ANIMALS I. E. , ANIMALS WHICH SHALL ONLY BE HUNTED UNDER THE TERMS OF A GAME SHOOTING OR GAME CAPTURE LICENCE. Part I.- (Animal which may be hunted on a small Game shooting Licence). Name of animals Number allowed Fee for licence Time and season hunting permitted Localities in which hunting permitted Anatidae: Ducks. Dendrocycna Javanica Lesser Whisling Teal. Dendrocycna bicolor: Large whistling Teal. Tadorna feruqinea: Ruddy Shelduck or Brahmiy Duck. Tadornatadorn: Common Shelduck Anas acuta: Pntail Anas crecca Common Tea. Anas platyrhynchios: Mallard. Anas strepera: Gadwall Anas falacata: Falcited Teal Anas penelope Wigeon Querquandnla: Gragany Anas clypeata: Shoveller Metta refina: red creasted Pochard Aythya nyroca: White-eyed Unlimited, but not more than (twenty) ducks of all species combined may be killed in any one day Rs. 25/- (1st September to 15th April) Wherever found 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management 306 Environmental Law in Pakistan I N.W.F.P Pochard Aythya ferino: Common Pochard Aythya bearli : Rear’s Pochard Aythya fuliqula: Tufted Duck Aythya marila: Scaup Clanqula hymalis: Old squaw Long-tailed Duck Bucephalus clangula: Goldeneya Duck Merqus abelius: Smew Merqus merqanser: Goesandar Merqus serrator: Red-breasted merganser Phasianidae and Turnicida: Partridge Quails Ammoperdix griseogularis: Seesee Partridges Unlimited, but not more than four per day Rs. 25/- Wednesday, Sunday and gazetted holidays, from 1st November to 1st March Whenever found Alectorisquracca: Chukor Ditto Ditto Ditto Ditto Francelinus pondicarianus: Grey partridges Ditto Ditto Ditto Ditto Coturniz Coturniz Common quail Unlimited, but not more than 10 of all species of quail and Button quail combined in any one day Ballidae Coots and moorhens Amamrormisphoe nicurus White breasted Moorhen Unlimit, but not more than five Coots and Moorhens of all specials combined in any one day Rs. 25/- 1st November to 1st March Wherever found Gallimura Ditto Ditto 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management Environmental Law in Pakistan I N.W.F.P 307 Chloropus Moorhen Porphyrioporphyri o Purple Moorhen Ditto Ditto Pulicula airata Goots Ditto Ditto Charadrieae Plowers Sandipipers, Snipe and other woders Ditto Ditto Vanellus indicus Red wattled Lapwing Ditto Ditto Vanellus malabaricus Yellow wattled Lapwiog Ditto Ditto Pluvialis apricaria Golden Plower Ditto Ditto Pluvialis squatarola Grey Plower Ditto Ditto Pluvialis dominica Eastern Golden Plower Ditto Ditto Numenius arquata Curlew Unlimited, but not more than two of both species combined in one day Ditto Ditto Capella Solitaria: Solitary Snipe Unlimited, but not more than ten snipe of all species combined in any one day Rs. 25/- Wednesday, Sunday and gazetted holiday from 1st November to 1st March Ditto Capella stenurs: Pintail Snipe Capella minima: Jack Snipe Capella media: Great Snipe Rostratulidae: Painted Snipe Rostratula benghalensis: Painted Snipe As for Snipe Ditto Ditto Ptericlididae: Sandgrouse Syrrhaptes tibetarus: Tibetan Sand-Sandgrouse Unlimited, but not more than ten sand-grouse of all species combined (except P. alchata which is protected) Ditto Ditto Ditto 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management 308 Environmental Law in Pakistan I N.W.F.P in anyone day Pterocles exustus: Indian Sandgrouse Pterocles sonegullus: Spotted Sand grous Pterocles orientalis: Imprial or black-bellied Saudgrous. Unlimited, but not more than ten sandgrouse of all species combined (except P. alchata which is protected) in any one day. Wednesday, Sunday and gazetted holiday from 1st November to 1st March Wherever found Pterocles coronatus: Coronetted sandgrouse. Ditto Ditto Ditto Pterocles indicus: Close-barred or painted .Sandgrouse Ditto Ditto Ditto Columbidae: Pigeons, Green Pigeons and Doves. All species of pigeons, green pigeons and Doves, other than the genus Ducula (Imperial Pigeons) which are protected. Unlimited, but not more than ten birds of all species combined in any one day. 1st November to 1st March Ditto Lequs: Hares Lepus Capensis: Cape Hare Unlimited, but not more than five animals of the genus Lepus in any one day All year round Ditto Lepus niqricollis: Indian Hare Lepus arachieus: Arabian Hare Martes foina : Stone marten 2 Rs. 500 1st November to 1st March Ditto Selanarctor thibatanus: Black Bear 1 Ditto Ditto All races except S.T. gedrosianus (the Baluchistan Black Bear) which is protected. Felisilybical Desert 2 Ditto In such areas as the Chief Warden may specify 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management Environmental Law in Pakistan I N.W.F.P 309 Cat. Pelis chaus: jungle Cat 2 Ditto Wherever found Nemorhuedus goral: Goral 1 Ditto Ditto Capra ibex Himalayan: Ibex 1 Ditto Ditto Capra falconeri: Markhor, All races except. C. F. jerdoni (Straight horned Markhor) which are protected. 1 Ditto Ditto Ovis orientalis: Urial or Shapu, All races except O. o. puniabiensis (Punjab Urial) which is protected. 1 Ditto Ditto 1. In addition to the licence fee, a special permit shall be required for the shooting of the following animals which will be issued by the Chief Conservator of Forests on payment of the following fees: Common name Fee for shooting permit for one animal Black Bear Rs. 5,000 Goral Rs. 5,000 Himalayan Ibex Rs. 5,000 Markhor Rs. 5,000 Urial and Shapes Rs. 5,000 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management 310 Environmental Law in Pakistan I N.W.F.P SECOND SCHEDULE See Section –II (1) Animals, Trophies or Meat, for the possession, transfer or export of which or Certificate of Lawful Possession is required: 1. Any live Game Animal. 2. The horns of Goral, Ibex, Markhor or Urial. 3. The skins of Desert Cat or Jungle Cat. THIRD SCHEDULE [See sections 2(n), (t), 22 (2) and 27] Protected Animals, i.e. Animal which shall not be hunted, killed or captured. 1. All game animals when immature or not fully grown. 2. All female game animals when : (a) pregnant; (b) in a condition that indicates that they are suckling or feeding young; (c) accompanied by their immature off spring. 3. All females of the following species: Nemorhaedus goral; Goral Capra flconeri; Markhor (all races) Capra Ibex; Ibex or Himaleyan Ibex Ovis orientalis; Urial or shapu (all races) 4. All individuals of the following species, genera or families of birds. All members of the family ARDIEDAE; i.e. all Herons Paddy birds, Egrets or bitterns. All members of the family PELICANDAE; i.e. all pelicans. All members of the family CICONIDAE; all storks. All members of the family THRESKIORNIADAE; i.e. all Ibis’s and Spoonbills. All members of the family PHOENICOPTERIDAE; i.e. all Flamingos 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management Environmental Law in Pakistan I N.W.F.P 311 All members of the genera Anser and Branta; i.e. all geese, including the Bar-headed Goose. All members of the genus Cygnus; i.e. all Swans. The following species of Ducks: Anas anustirostris; Marbled Teal. Rhodonessa caryphyllancea; Pink-headed duck. Nettapus coromandelianus; Cotton Teal. Oxyura leucocephala; White-headed duck or Stiff-tailed Duck. Sarkisiornis melanotus; Nukhta or Comb Duck. All members of the family ACCIPITRIDAE; i.e. all Hawks, Vultures Kit Buzzards, Hawk Eagles, Eagles, Harriers and Ospereys. All members of the family FALCONIDAE; i.e. all Falcons, Kestrels and Hobbies. All members of the family PHAISIANIDAE; i.e. all pheasants, spurfowls, Jungle-fowls and Peafowls. All members of the family CRUIDAE; i.e. all Cranes. All members of the Genus Helipais; i.e. Finfoots. All members of the family OTIDAE; i.e.. Bustards. Scelopax rusticola; Woodcock. Pterocles Alchata; Hage, Pin-tailed Sandgrouse. All members of the Genus Ducula; i.e. all Imperial Pigeons. Pehasants, Partridges, Peafowls, Junglefowls, Lerwa Lerwa; 1[Snow Partridge, Himalayensis;] Himalayan Snow Cock, Framcolimus Black Partridge, Gallus gallus; Red Junglefowl]. 5. All individuals of the following species, genera or families of mammals; Macaea mulatta villosa and M. M. Memahoni; i.e. all Rhesus Monkeys found in North West Frontier Province. Presbytis entellus; Common Langur. Manis crassicaudata; Pangolin. Vulpes cana; Blanford’s fox. 1 In the Third Schedule in the last entry at Serial No. 4 for the words, Comma and Semi-Colon 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management 312 Environmental Law in Pakistan I N.W.F.P Cuon alpinus; Wild Dog. Selenartos thibetanus gedrosianus; Baluclis fan Black Bear. Ursys arctos; Brown Bear. Martes flavigula; Yellow-throated Marten. Vormela peregusna; Marbled Polecat. Mellivora capensis; Ratel. Lutra lutra; Common Otter. Lutra perspicillate; Smooth Otter. Vivorra ibetha; Larg Indian Civt. Viverricula indica; Small Indian Civt. Paradoxurus hermaphroditus;Common Plan Civt or Today Cat. Peguma larvata;Himalayan Plam Civert or Masked Civet. Arctitis binturong; Binturong. Felis manual; Pallas,s Cat. Felis Caracel; Carscal. Felis, lynx; Luynx. Felis bengalensis; Leopard cat. Felis viverriana; Fishing Cat. Panthera pardus; Leopard. 1[Felis margarita;Stand Cat. Pantthera pardis; Leopard}. Callosciurus phygerythrus ; Hoary-bellied Flying Squirred. Moschus moschiferus ; Musk Deer. Muntiacus muntijak or barking Deer. Axis porcinus; Hog Deer. Gazella gazella ; Chinkara or Indian Gazella. Capra falconeri jerdoni ; i.e. Staright-horned Markhor. Ovis ammon pollii ; Marco Polo’s sheep. Ovis orientalis punjabiensis ; Punjab Urial. 05 I Laws and Judicial Decisions Governing Natural Resources and Natural Resource Management Environmental Law in Pakistan I N.W.F.P 313 Platanista gangeticus ; River Delphin. 6. All individuals of the following species, genera or families of reptiles ; Groodilus palustrisn ; Marsh Crocodile. All snakes of the genus pythone ; I.e. all pythons. All lizards of the genus Varanus ; i.e. all Monitor Lizards.