Wildlife Protection and Management Regulations 2008 (L.N. No. 78 of 2008)

345 WILDLIFE PROTECTION AND MANAGEMENT REGULATIONS 2008 Arrangement of Regulations Part 1 - Preliminary 1. Citation and commencement 2. Interpretation Part 2 - Approved Management Programme 3. Approved management programme 4. Notice of meeting 5. Condition for the Minister to make a declaration 6. Approval of management programme by Minister 7. Extension of time 8. Commercial trade in animal or plant specimen Part 3 - Procedures for Approved Person 9. Application 10. Review of register Part 4 - Application for Export or Import. 11. Application for permit to export animal or plant specimen for scientific purposes. 12. Application of export of animal or plant specimen for commercial purposes. 13. Fees 14. Forms Schedule I - prescribed fees Schedule 2 - prescribed forms 346 [Legal Notice No. 78] WILDLIFE PROTECTION AND MANAGEMENT ACT 1998 (No. 10 of 1998) Wildlife Protection and Management Regulations 2008 IN exercise of the powers conferred upon me by section 35 of the Wildlife Protection and Management Act 1998, I make these Regulations PART 1- PRELIMINARY Citation 1. These Regulations may be cited as the Wildlife Protection and Management Regulations 2008. Interpretation 2. In these Regulations unless the context otherwise requires "CITES" means the Convention, as defined in the Act; "Part 2 application" means an application for an approved management programme pursuant to section 6 of the Act; "Part 3 application" means an application to be declared an approved person under section 8 of the Act for the purpose of taking and holding any specimen or for the exportation or importation of the specimen; "Register of Approved Persons" means the register established under regulation 10; "Schedule I export application" means an application to export any plant or animal specimen specified in Schedule 1 to the Act; "Schedule 2 export application" means an application to export any plant or animal specimen specified in Schedule II to the Act. 347 PART 2- APPROVED MANAGEMENT PROGRAMME 3. (1) Any person may make a Part 2 application in Form I and ment programme accompanied by the application fee to the Director in requesting the Minister to declare a proposed management programme, an approved management programme under section 6. (2) When the Director receives a Part 2 application, the Director shall (a) ensure that the proposed management programme complies with the requirements of the Act and these Regulations; and (b) if the Director is not satisfied that the proposal complies with the Act or these Regulations, return the proposal to the applicant for revision and resubmission. 4. (1) Where the Director is satisfied that the Part 2 application Notice of meets the requirements of the Act or these Regulations, the Director shall within meeting 30 days after receipt of the application publish a notice (a) convening a public meeting to receive representation from the public and from any person likely to be affected by the programme; and (b) inviting persons to attend a public meeting to receive comments from members of the public; and (c) the notice shall in the form prescribed as Form 2. (2) Notice made under this regulation shall (a) be published in a newspaper having wide circulation in Solomon Islands over a minimum period of two weeks; (b) be broadcast in the Solomon Islands Broadcasting Corporation radio by service messages over a minimum period of two weeks; Ml (c) copies of the notice with the proposed management programme to be posted in communities which will be affected or likely to be affected by the programme; and (d) be send to the relevant Provincial Secretary where the management programme is proposed to be located. That notice shall be displayed in a public office in that Province as the Permanent Secretary. (3) Notices shall include (a) the name and address of the applicant; (b) the location of the proposed management programme; (c) the nature of the programme; (d) the duration of the programme; (e) details of persons to be contacted for additional information, including at least one person in Honiara and one person who physically resides in the area the subject of the application; and (f) details of how persons may make comments on the proposed management programme. "atters 5. (1) aken into The Minister shall not declare a proposed management 1CF(~unt by Vinister programme as an approved management programme unless (a) the requirements of this regulation has been complied with; (b) owners of land, sea in respect which is the subject of the application (give their consent for the establishment of the proposed management programme) support the declaration of the proposed management programme as an approved management programme; (c) the programme's objectives are based on the conservation status and needs of the animal or plant species of which the specimen is a member; (d) the programme contributes to the overall strength, health and viability of the species that are the subject of the programme; (e) the programme will be operated in a way that applies best practice to the management of the husbandry, genetics, biology and the behavioural needs of the species to which the specimen belongs and is not detrimental to the survival of the species in the wild; (1) the programme will have no direct or indirect adverse impacts on other wild species or any other aspect of the surrounding environment; (g) the applicant has a valid business license from the relevant provincial government allowing him to operate and manage a management programme under the Act; and (h) the Director has given his written support for the approval of the management. programme. 6. (1) The Minister may declare by order a management Approval of management programme which shall state - programme by the 'Minister (a) whether the approved management programme is to be established for a scientific or commercial purpose; (b) the duration of the management programme is clearly stipulated; (c) the management programme is to be monitored and assessed including monitoring and assessment of the operation by an independent person; (d) that there is a time frame for the reporting on the operation of the programme; and (e) any other requirements limits or restrictions that he or she considers necessary for the safe and effective management and operation of the programme. 350 (2) If the Minister is satisfied that an order should be made under section 6 in respect of a Part 2 application, the Minister shall direct the Director to prepare the order for the Minister's signature and publication in the Gazette. Amendment to 7. Where the order for an approved management programme is for the order a specific period, the Minister may, upon application in writing and accompanied by the prescribed fee, amend the order in respect of that management programme to extend the term of the order if the Minister (a) has received a report from the Director outlining the applicant's compliance with the approval; and (b) is satisfied that the extensions will be consistent with the requirement of the Convention and the Act and the Director supports such extension. Commercial 8. (1) If an approved programme is to be used as a basis for trade in animal orplantspecies permitting commercial trade in the species or specimen in Schedule 1, the approved programme must be registered as an approved captive breeding programme in accordance with the CITES. (2) A person, whose Part 2 application for an approved management programme is intended as a captive breeding programme, shall request the Director to facilitate with the Minister that such approved management programme be approved as a captive breeding programme or artificial propogation programme in accordance with the CITES. (3) Upon receipt of the request and on the advice of the Director, the Minister shall comply with the procedures specified by the Convention Secretariat from time to time, for seeking approval of a captive breeding programme or artificial propagation programme. (4) The costs of complying with such procedures incurred by the Director shall be borne by making the request. 35] PART 3- APPROVED PERSONS TO TAKE, HOLD, EXPORT OR IMPORT SPECIMEN 9. (1) A person, institution or zoological organization may, in Application writing, make a Part 3 application to the Director to be approved to take, hold, import or export specimen in accordance with section 8. (2) The Part 3 application must include (a) a certified copy of the applicant's business license issued by the relevant Provincial Government (in the case where the applicant is operating in a Province); (b) in the case of an applicant institution or zoological organization, the names of the directors and managers of the institution or organization; and (c) the prescribed fee (3) The Director shall, after receiving the Part 3 application, as soon as practicable (a) publish the Part 3 application in a newspaper having wide circulation in Solomon Islands; and (b) notify the Provincial Secretary of the Province in which the applicant carries or wishes to carry on business and invites comments from that Provincial Government; (4) The Director may declare the applicant an approved person if the Director is satisfied that (a) the person (including the directors and managers of an applicant institution or zoological organization) is of good character and is a fit and proper person to conduct trade in wildlife; (b) the applicant has conducted wildlife trade before, such trade has complied fully with applicable national and provincial laws; (c) the Provincial government in respect of which the application has been made supports the application; 352 (d) the applicant has sufficient financial means to ensure the effective storage, transport and handling of all traded specimen. (4) In considering a Part 3 application the Director must consider the following (a) information provided by the applicant; (b) comments and information received from the public, government departments, provincial government, and non-government organizations; and (c) record or any public document relating to the character of the applicant and its fitness to conduct wildlife. (5) Where the application has been approved and the prescribed fee has been paid, the Director shall (a) make a declaration to that effect in Form 4; (b) register the applicant in the Register of Approved Person; and (c) publish the declaration in the Gazette. (6) No person may, except a person, institution or zoological organisation declared as a approved person, take and hold specimens or export and import of specimen. (7) A person who contravenes subregulation (6) commits an offence and is liable on conviction to a fine not exceeding $1,000 or to 3 months imprisonment. eview of 10. The Director may establish, maintain and keep under review the egister by Register of Approved Persons, which shall be in Form 15. 353 PART 4- APPLICATION FOR EXPORT OR IMPORT 11. (1) Any approved person wishing to export animal or plant Applionfor PC= to export specimen listed in Schedule 1 for a scientific purpose under section 11(1) may anirmlorplarg for species make a Schedule 1 export application in Form 5 to the Director. ficpo (2) In considering a Schedule I export application, the Director shall take into consideration all or any of the following (a) that the Director is satisfied that the export will not be detrimental to the survival of the species. In deciding whether the export will be detrimental to the survival of the species, the Director shall consider the survival of any taxon to which the specimen belongs and any relevant ecosystem (for example, deriment to the habitat or biodiversity); (b) that the specimen was not obtained in contravention of any laws of Solomon Islands for the protection of fauna and flora or any ordinances of Province from which the species was taken, captured, bred or removed; (c) that the living species will be so prepared and transported in a way that is as to minimize the risk of injury, stress or any adverse effect on the health of welfare; (d) if the animal is killed, it is done in a way that is generally accepted to minimize the pain and suffering; (e) the person receiving the animal or plant is suitably equipped to managed, confine and care for the animal, including meeting the behavioural and biological needs of the animal; (f) the applicant for the permit is an approved person to conduct wildlife trade; (g) an import permit for the specimen has been granted to applicant by the relevant authority in the country of import; 355 (h) that the animal or plant species is bred in captivity or taken from the wild; and (i) that the specimen is acceptable for commercial trade within the context of any resolutions promulgated by CITES from time to time. 14. The fees for the purposes of the Act are set out in Schedule 1. Schedule of fee 15. (1) The forms for the purpose of the Act are set out in Schedule of forms Schedule 2. (2) A Permit to export animal or plant specimen for scientific purposes shall be in accordance with Form 7. (3) A Permit to export animal or plant specimen for commercial purposes shall be in accordance with Form 8. (4) A Certificate of Origin of Animal issued by a government or registered veterinary surgeon shall be in accordance with Form 9. (5) A Phytosanitary Certificate issued by the Director of Immigration shall in accordance with Form 10. (6) An application for a Permit to Import animal or plant specimen shall be in accordance with Form 11. (7) A permit to import animal or plant specimen shall be in accordance with Form 12. (8) An application to import prohibited animal or plant specimen shall be in accordance with Form 13. (9) A permit to export or import prohibited animal or plant specimen shall be in accordance with Form 14. (10) A Register of Scientific or zoological institution shall be in accordance with Form 15. (11) A declaration of Solomon Islands native animals and plants shall be in accordance with Form 16. 16. Schedule II to the Act is amended by adding under the title Schedule to the "MAMMALS" the following Act amended "dolphin as an aquatic mammal" 356 SCHEDULE 1 (Regulation 14) No Subject-matter $ 1 Application for Approved Management Programme 500.00 2 Approval of Management Programme 1,500.00 3 Extension of time for Approved Management Programme 500.00 4 Application for Export Permit for Scientific Purposes 500.00 5 Application for Export Permit for Commercial Purposes 500.00 6 1 Export Permit for Scientific Purposes 1000.00 7 Export Permit for Commercial Purposes 1000.00 8 Application for export/import of a Prohibited animal/plant specimen 1000.00 9 Permit to export/import prohibited animal/plant specimen 1000.00 10 Application to be on the Register of Scientific/zoological institution 1000.00 11 Application for revalidation of export permit 500.00 12 Dolphin 50,000.00 13 Corals 2,000.00 14 Clam Shell 2,000.00 15 Birds 500.00 16 Reptile 500.00 17 Amphibian 500.00 18 Butterflies 500.00 19 Others 500.00 357 SCHEDULE 2 (Regulation 15) PRESCRIBED FORMS Form I APPLICATION FOR APPROVED MANAGEMENT PROGRAMME (Section 6) 1.(a) Name of Applicant ....................................................Ph: Address: ..............................................................................Fax. ................. Contact Person: ..................................................................Designation of Contact Person (b) If the applicant is a foreign entity, a certified copy of the Certificate of Foreign Investment Approval must be provided. 2. Types of animal or plant species to be managed under the Approved Management Programme. (a) Animal Species (b) Plant Species 358 3. What are the main activities of the Management Programme. (specify and a provide a summary in the space provided below) (a) breeding (b) propagation: (c) growing (d) exporting, (scientific/commercial) (provide a summary of main activity) (use a separate sheet of paper if space provided is not enough) 4. (a) Methods used in collecting of animal species (provide summary of methods used) 359 (use a separate sheet of paper if the space provided is not enough) (b) Methods used in collecting of plant species (provide summary of methods used) 5. If breeding, propagation, or growing of animal or plant specimen is managed for export for scientific or commercial purposes, provide summary of measures to be used to ensure that such export are made in sustainable manner. (use a separate sheet if the space provided is not enough) 6. Identify the area (show map, plan etc) within the approved management area ich is to be set side as a reserve for the protection, management or conservation of animal, plants or individual species. 360 7. Provide methods and/or measures to be used or adopted for the control of destruction of animals or plants species deemed to be pests or deleterious to the environment or other animals and plants. 8. If the proposed management programme is to be located in a Province, a letter of endorsement from the relevant Province and evidence that the application is registered to carry on business in that Province must be attached with this application. 9. If the management programme is to be located in a Province, has the Province enacted Ordinance which protects and manage wildlife?. 10. Application lodged on ...................................day of .....................20.... Applicant FOR OFFICIAL USE ONLY Date of receipt application day of 20.... Payment of Application fee............................................................................................dollars cents. (no application will be considered without payment of the application fee.) Director/Authorized Officer Environment and Conservation Division Department of Forestry, Environment and Conservation rj4 NOTICE OF MEETING (Regulation 3) TAKE NOT E that a meeting will be convened at .................................. (venue) Honiara/Province at .............................am/pm on the........................day of 2007 for the purpose of receiving oral or written representation from the public concerning an application to the Director to declare by Order an approved management programme pursuant to section 6 of the Wildlife Protection and Management Act. Representation may be made orally or in writing. Name of Applicant: ...................................... Telephone: Address......................................................Fax ......... Proposed location of the Management Programme ................................. The Director or an officer from the Environment and Conservation will explain the details of the application and the public is welcome to ask any question on any related issues or request any information during the course of the meeting. Datedthis ..........................................day of .......................................20. Director Environment and Conservation Division Department of Forestry, Environment and Conservation 362 Form 3 AN ORDER TO DECLARE AN APPROVED MANAGEMENT PROGRAMME (Section 6) A proposal was received by the Director from ............................(name of person organization) on the day of 2007. The proposal includes a submission to the Director by the said ............................. (name of person or organization) for the Director to declare the.......................................................................................................................... (name of programme) as an APPROVED MANAGEMENT PROGRAMME for the purposes of the Wildlife Protection and Management Act, and in particular section 6. The Director having received the proposal and having satisfied himself/herself that ................................................................................. (name of person or organization) has complied with the requirements of the Act and the proposal is consistent with the provisions of the Act, HEREBY DECLARE (name of programme) to be an APPROVED MANAGEMENT PROGRAMME This Order is subject to the following Conditions. 2. 3. 4. 5. 6. By virtue of the Order ............................. is hereby declared to be an APPROVED PERSON in terms of section 8 of the Act. Dated this day of 20..... Minister Department of Forestry, Environment and Conservation 363 DECLARATION OF APPROVED PERSON (Section 8(1) The Director having received an application from ............................................ (name of applicant) of (full name and address of the applicant) .................................................. to be declared an APPROVED PERSON under section 18(1) of the Wildlife Life Protection and Management Act and having satisfied himself/herself that the applicant has fulfilled the requirements of the Act:— DECLARES that .............................................................(name of person, insti tution or zoological institution) to be an APPROVED PERSON for the purposes of the Act. By virtue of this DECLARATION ...................................... (name of approved person) as an Approved Person may:— (a) trade in wildlife (the Director to specify the class or types of specimen that the approved person should deal with); or ) managed an approved management programme s Declaration is valid for a period of 12 months from the date hereof. An approved person must comply the provisions of the Act. This declaration may be revoked or suspended if the Director is satisfied that Director Environment and Conservation Division Department of Forestry, Environment and Conservation 364 APPLICATION FOR A PERMIT EXPORT ANIMAL OR PLANT SPECIMEN FOR SCIENTIFIC PURPOSES (Section 14) 1. Name of Applicant .................................................Te! ................. Address..................................................................Fax ................. Name of contact Person: ........................................................................... Designation of Contact Person: ................................................................. Nameof Importer....................................................................................... Te1. ................................ Address: .......................................................................... Fax: 2. Where the applicant is a foreigner, attach a certified copy of Foreign Investment Approval Certificate. (he Certificate must allow the applicant to engage in export or import of wildlife in Solomon Islands). 3. Application to export animal specimen/plant specimen (specify) Is the animal or plant specimen taken from the wild/bred in captivity or from an approved management programme (specify) ....................................................... Descriptive e of wildlife or parts or derivatives if wildlife. Live of Dead Specimen. 365 Common Name Scientific Name Name Comment 2. 3. 4. 5. 6. Parts or Derivatives Common Name Scientific Name Name Comment 2. 3. 4. 5. 6. 4. Scientific Reasons for the Export. (a brief summary of the nature and purpose of export) 366 OFFICIAL USE ame of Applicant: . of receipt of application ..............................day of ..............................20 ipt of Application Dollars ..................................cents Authorised Officer Environment and Conservation Division Department of Forestry, Environment and Conservation 367 Form 6 APPLICATION FOR A PERMIT TO EXPORT ANIMAL AND PLANT SPECIMEN FOR COMMERCIAL PURPOSES (Section 14) 1. Name of Applicant: ................................................................................. Telephone: .................................... Address: .................................................................................................. Fax................................................ Name and Designation of Contact Person. Telephone Name of Importer:....................................... TeleDhone................................................ Fax:............................. (not applicable if export is for personal possession) 2. Descriptive of wildlife or parts or derivatives of wildlife Live or Dead Specimens (fill in the space provided) Common Name Scientific Name Number Comment 1. 2. 3. 4. 5. 6. IM or Derivatives (fill in the space provided) 2. 3. 4. 5. 6. 2. (a) Animal or plant specimen to be exported are taken from the wild/bred in captivity or are from an approved management programme, (specify) (b) State Province from which the animal or plant specimen is to be taken from: 3. I intend to export through the following countries ................................. Special Conditions 1. Three identical copies of the Permit to be signed 2. One copy to be signed and stamped by the authorized officer of the Environment and Conservation Division and returned to the Permit holder and this copy must accompany the consignment. 3. The exporter shipper or agent must make adequate interline advance arrangements, including feeding, where more than one carrier is concerned. 4. Design and construction of container(s) must appear to comply with IATA Live Animal Regulations Container requirements. 369 5. The container(s) must be of adequate size to avoid overcrowding of the species and the specimen being shipped. The container(s) must be undamaged. The consignee's (exporter's name and address and telephone number must be clearly shown on each of the containers. The words "LIVE ANIMALS", 'THIS WAY UP", AND "ORIGIN, SOLOMON ISLANDS" labels must be on each container indicating the contents and upright position. The labels must be written in capital letters and must not be less than 60 millimeters in height. 9. The specimens must apparently be alive and uninjured at the time of the export. 10. In the case of a living animal species, a certificate of origin of animal issues by a government or registered surgeon must be attached to this Permit. That certificate must be issued within 24 hours before export. 11. In the case of a plant, a phytosanitary certificate issued by the Director of Quarantine must be attached to this Permit. 12. The living specimen shall be consigned in a manner so as to minimize the risk of injury to health and cruel treatment. 13. The recipient (importer) must be an approve person equipped to provide suitable care of the animals. 14. This Permit must not be transferred to any person. OFFICIAL USE Name of Applicant: ............................................................. Contact eipt of Application fees dollars cents. Authorised Officer Environment and Conservation Division Department of Forestry, Environment and Conservation 370 Form 7 THE WILDLIFE PERMIT No............. PERMIT TO EXPORT ANIMAL OR PLANT SPECIMEN FOR SCIENTIFIC PURPOSES (Section 11) This Export Permit allows the Exporter to export animal or plant species for scientific purposes ONLY. Import Permit issued by the competent authority in importing country must be attached to this Permit.) This Permit EXPIRES on the ..................................day of ........................20.... 1. Consignee (Exporter), (name and address, country) Phone.......................................... Fax.............................................. Importer (name and address, country) Ph .................. Fax....................................................................... 3. Descriptive of wildlife or parts or derivatives of wildlife. Live or dead Specimens (fill in the spaces) Name Name Scientific Name Number Comment 37] 2. 3. 4. 5. 6. Parts or Derivatives (fill in the spaces) Common Name Scientific Name Number Comment 2. 3. 4. 5. 6. 4. Method of Export Airmail/airfreightlsurface freight/other (specify) .................................. as personal baggage by ship, yacht/aircraft (specify) ..............(name of vessel or flight number .................................................................... 5. Date of Export .....................day of ..................2007. 6. (a) Declaration by the Exporter. I ...............................................(name of exporter) intent to export through the following countries............................................................................................... 372 I declare that the export is for scientific research, zoo or herbarium display/other scientific purposes (specify). I further declare that this I have compiled with all the requirements and conditions of this Act. A breach of any of the Conditions of this Permit or the Act is an offence attracts severe penalties. (b) Value of the wildlife to be exported .............................Solomon Islands dollars. 7. Special Conditions Three identical copies of the permits to be signed 2. One copy to be signed and stamped by an authorized officer of the Environment and Conservation Division and returned to the Permit Holder and this copy must accompany the consignment. The exporter, shipper/agent must made make adequate interline advance arrangements, including feeding, where more than one carrier is concerned. Design and construction of container(s) must appear to comply with IATA Live Animals Regulations Container requirements. The container(s) must be of adequate size to avoid overcrowding of the species and specimen being shipped. The container must be undamaged. The consignee's (exporter's) name and address and telephone number must be clearly shown on each container. The words "LIVE ANIMALS", "THIS WAY UP" and "ORIGIN, SOLOMON ISLANDS" labels must be on each container indicating the contents and upright position. The labels must be in capital letters and must not be less than 60 millimeters in height. The specimen must apparently be alive and uninjured at the time of export. 10. In the case of a living animal species a Certificate of Original of Ani issued by a government or registered veterinary surgeon must attached to this Permit. That certificate must be signed within 24 h before export. 11. In the case of a plant a phytosanitary certificate issued by the Director Quarantine must be attached with this Permit. 12. The living specimen shall be consigned in a manner so as to minimize the risk of injury to health and crueltreatment. 13. The recipient is an approved person equipped to provide suitable care of the animal. 14. This Permit must not be transferred to or used by any person to export any wildlife. 373 Official Use Only 8. Authority to Issue Permit Name of Issuing Officer ..................................................... Signature of Issuing Officer .................................................... Name of countersigning Officer .............................................. Signature of countersigning officer dayof ...........................20. Director Environment and Conservation Division Department of Forestry, Environment and Conservation 374 Form 8 PERMIT No .................... PERMIT TO EXPORT ANIMAL OR PLANT SPECIMEN FOR COMMERCIAL PURPOSES (Section 11) This Export Permit allows the permit holder to export animal or plant species for commercial purposes only. 1. This Permit EXPIRES on the .........................day of .................. 20... 1. Name and address of Exporter ....................................... Tel: ................... Fax:................ Name of Importer ............................................................ Te1. ............................................. Fax............................................. 3. Descriptive of wildlife or parts derivatives of wildlife Live or dead specimens (fill in the spaces) Scientific Name Quantity 1. 2. 3. 4. 5. 6. 375 Scientific Name Quantity Comments I. 2. 3. 4. 5. 6. 4. Value of Export ........................................dollars .......................cents. 5. Method of Export air/surface or other (specify) ................................................. air .........................................flight number surface ........................................name of vessel VoyageNo ............................................... Date of Intended Export ..............................day of .....................20. 6. Declaration By the Exporter. 376 • (name of exporter) intent to port through the following countries. I further declare that the export is for scientific research, zoo or herba display or other scientific purposes (specify). I declare that I have complied the conditions of this Permit and the Act. Sign: ................................................... Permit Holder 1. Triplicate copies of this form must be signed 2. One copy to be signed copy to be returned to the Permit Holder. 3. The exporter, shipper/agent must make adequate interline advance arrangements, including feeding, where more than one carrier is concerned. 4. Design and construction of the container(s) must appear to comply with IATA Live Animals Regulations Container requirements. 5. The container(s) must be of adequate size(s) to avoid overcrowding of the species and the specimen being shipped. 6. The container(s) must be undamaged. 7. The exporter's name and address and telephone number must be clearly shown on each container. 8. The words "LIVE ANIMALS", "THIS WAY UP" and "ORIGIN SOLOMON ISLANDS" labels must be on each container indicating the contents and upright position. The labels must be in capital letters and must not be less than 60 millimeters in height. 9. The specimens must apparently be alive and uninjured at the time of the export. 10. The living specimen shall be consigned in a manner so as to minimized the risk of injury to health and cruel treatment. 11. The recipient is an approved person equipped to provided suitable care of the animal. 12. In the case of an living animal species the Declaration of Origin of Animal issued by an government or registered veterinary as required by section 22(2)(i) of the Act must be attached to this Permit. 377 In the case of a plant species, a Phytosanitary Certificate issued by the Director of Quarantine issued as required by section 22(2)(a) (iii), (b) must be attached to this Permit. 14. This Permit must not be transferred or used by any person to export any wildlife. Dated......................................day of ...................20..... Director Environment and Conservation Division Department of Forestry, Environment and Conservation CERTIFICATE OF ORIGIN OF ANIMAL is to CERI1FY that I . ................................................. a registered veterinary on have inspected the animals to be exported by ............................................................... under Permit No ....................issued by the Director. pon inspection of the said animals I CERTIFY the following: 1. The origin of all of the animals is Solomon Islands. The animals have been treated and are in good health and are in satisfactory conditions for export. The requirements of the Agriculture Quarantine and have been complied with. Timeof inspection ............................................................................................... (note that animals must be exported within 24 hours from the time of export. Datedthis ......................................day of.....................................20...... Veterinary Surgeon 378 Form 10 PHYTOSANITARY CERTIFICATE (Section 22(2) (b) (print name in capital letters) an authoi er appointed under the Quarantine Act CERTIFY that I have inspc its specimen for the purpose of export under the Wildlife Protection lagement Act, under Export Permit No .................................... Upon inspection I CERTIFY the following: (a) the plant specimens are healthy and free from plant disease; b) the required treatment has been applied to comply with the required procedure for the export of plant specimen; (c) a permit to export a specimen to Solomon Islands from the country origin has been produced; and (d) the permit to import the plant specimen from the exporting country nominated in the permit to Solomon Islands; (e) the permit issued by the competent authority in the importing country allowing the importer to import the plant specimen has been sighted. Datedthis .........................................day of ............................20...... Director of Quarantine Department of Agriculture and Livestock 379 Form 11 APPLICATION TO IMPORT/EXPORT ANIMAL OR PLANT SPECIMEN (Section 14) 1. Name of Applicant ................................................................... Tel: ........................................................ Address . .................................................................................... Fax......................................................... Name of Contact Person: ......................................................... Tel: ............................................... Designation of Contact Person.................................................. Nameof Exporter..................................................................... Address..................................................................................... Telephone:.................................... Fax............................................... 3. I intent to import into Solomon Islands ................................... (animal/plant specimen) for (scientific commercial purposes and provide a summary of the purposes of the import) ...................................................................................... 380 If the import is for a scientific purposes: (a) export permit issued by the relevant authority in the Country of export must be attached. The permit must specify the specimens to be imported. (b) explain the nature and purpose of the research 5. Total value of imports ...................................dollars (provide supporting documents) 6. Intended date of arrival of specimen in Solomon Islands. day of .........................2007. 7. Is/Are the specimen arriving by sea, air ..........................(specify) Sea: ................................... Voyage No...................Specify name of vessel and Voyage No). Port............................. Air: .............................. (flight No) Dated this ...............................day of ............................20 Applicant OFFICIAL USE Application received this ....................................day of ...................20...... Receipt of application fee ......................................dollars Director Environment and Conservation Division Department of Forestry, Environment and Conservation 381 Form 121 PERMIT TO IMPORT/EXPORT ANIMAL OR PLANT SPECIMEN INTO SOLOMON ISLANDS (Section 14) PERMIT No............................ is Permit is valid until the ......................................day of ...................20..... 1. This PERMIT allows ................................................(name of importer) to IMPORT animal/plant specimen into Solomon Islands. Country of Export ........................................................... Address.................................................................................... TeI . ................................... Fax.................................. 3. Purpose of Import, scientific, commercial, personal possession, (provide' a summary) 382 4. Value of Import (provide supporting documents) ...dollars ..........................cents. 5. Approved animal or plant specimen to be imported under this Permit Animal Specimen Common Name Scientific Name Quantity Comment 2. 3. 4. 5. 6. Common Name Scientific Name Quantity Comment 2. 3. 4. 5. 6. SPECIAL CONDITIONS 1. Export Permit issued by the relevant authority in the exporting country must be produced to the Director. The Export Permit must permit the exporter to import the animal or plant specimens specified in the application and approved by the Director. 2. All applicable laws regarding importation of animals or plants in Solomon Islands must be complied with. 3. In the case of living animal species, the Importer shall ensure that the animal do not escape into the wild. 4. If the animal or plant specimen dies whilst in transit the such specimen shall be disposed off in such manner as the Director shall direct. Datedthis ...............................day of ..............................20....... Director Environment and Conservation Division Department of Forestry, Environment and Conservation 383 Form 13 APPLICATION FOR A PERMIT TO EXPORT/IMPORT A PROHIBITED ANIMAL OR PLANT SPECIMEN (Section 18) 1. Name of Applicant ................................................................ Tel: ........................................... Address...................................................................Fax:............ Contact Person. ......................................................... Tel..................................... Designation of Contact Person 2. The applicant wishes to a export/import a prohibited animal/plant specimen. (a). ..................................... into Solomon Islands (import) from (exporting country) .................... 3. List of specimen to be exported/imported. (a) Animal Species Common Name Scientific Name Number Comment II. 2. 3. 4. 5. 6. 7. 8. 384 (b) Plant Specimen Common Name Scientific Name Number Comment 2. 3. 4. 5. 6. 7. 8. 4. Name of Exporter ...................................... (full name and address)........ ....................................................or (c) .........................to .............. (country of import)......................... Name of Importer.................................................................................................... Address...................................................................................................... Telephone: ..........................Fax 5. Purpose of Export/Import 385 6. This application is in respect of a prohibited animal/plant specimen. Specify the justification for this Application. 7. If you are importing, the Export Permit issued by the relevant authority in the country of export must be attached to this application. The Export Permit must contain the list of animal/plant specimen that you intent to import. This application shall not be considered in the absence of such Permit. Similarly if you importing, an Export Permit issued by the relevant. 8. Value of specimen ...............................................................dollars. 9. (a) Date of Export of animal/plant specimen dayof .......................20..... (i) ....................................name of vessel. Voyage No.................. air: (i) Flight number ......................................................... 10. If you are importing, specify measure you have taken to prevent: (a) if it is a living animal, the animal from escaping into the wild or infecting other wildlife in Solomon Islands. IM (b) the animal/plant specimen having any harmful effect on other wildlife in Solomon Islands. OFFICIAL USE lication received on this ..................................day of .........................20..... ipt of Application Fee ..............................................................dollars Director Environment and Conservation Division Department of Forestry, Environment and Conservation 387 Form 14 PERMIT No................. PERMIT TO EXPORT/IMPORT PROHIBITED ANIMAIJPLANT SPECIMEN (Section 18) This PERMIT allows ..........................................(name of Exporter/Importer) to export/import the following PROHIBITED animal/plant specimen. ANIMAL SPECIMEN Common Name Scientific Name Number Comment 1. 2. 3. 4. 5. 6. PLANT SPECIMEN Common Name Scientific Name Number Comment 2. 3. 4. 5. 6. 7. Permit Conditions The following Apply: 1. Where the Imported animal is a living specimen:— (a) the Permit Holder shall take all necessary measures to prevent the living specimen escaping into the wild; (b) all quarantine requirements for importation of life animals under the Agricultural Quarantine Act and the Quarantine Act are complied with; (c) but dies whilst in transit, the Permit Holder shall dispose of the carcass is such way and manner so as to minimize the spread of disease or risk to the health of humans and other wildlife; (d) all conditions applicable under this Act regarding to the of animals shall apply; 2. All conditions applicable to the export of living animal species this Act shall apply. 3. Where the specimen is a specimen other than a living specimen, the conditions applicable to the export or import of animal or plant specimen shall apply. 4. This Permit is valid from the day hereof and expires on the day of .........................2007. 5. This Permit is not transferable. Dated this ............................day of .......................20.... Director Environment and Conservation Division Department of Forestry, Environment and Conservation Me Form 15 REGISTER OF SCIENTIFIC ORGANIZATIONS (Section 19) Name of Organization Address Current Status of the Organization 390 Form 16 DECLARATION OF SOLOMON ISLANDS NATIVE ANIMALS AND PLANTS ORDER 2007 (Section 5) In accordance with section 5 of the Act, the Minister hereby makes the follow ing Order. 1. This Order may be cited as the Declaration of Native Animal and Plants Order 2007 and shall come into force on the date of publication in the Gazette. The animals and plants listed in this Order are EXEMPTED from the provisions of the Act. ANIMAL Scientific Name Number Comment (a) 4. PLANTS Common Name Scientific Name Number Comments (a) Dated this twentieth-fourth day of November, 2008. Minister Department of Forestry, Environment and Conservation Honiara, Solomon Islands Printed under the authority of the Solomon Islands Government Printed by Solomon Islands Printers Limited.