Birds and Fish Protection Ordinance

CHAPTER 14 BIRDS AND FISH PROTECT!< >N ARRANGEMENT OF SECTIONS SECfION I. Short title. 2. Offences against this Ordinance. 3. Close season for Birds, Oysters and Turtle. 4. Power of Governor-in-Council to vary Scht-1l11lt•s and close season. 5. Killing, etc., of birds, etc., during close St:i1N1111 , to be an offence. 6. Absolute protection on land of turtle and I 1111 Ir, eggs. 7. Onus of proof in certain cases to be on Ddi·o11 fant. 8. Offence to purchase turtle of less than 20 II,, weight. 9. Duty of persons offending to give name, ell·. IO. Offences against Ordinance punishable 011 tt1ihunary conviction. 11. Half of penalty to go to informer. 12. Where offences heard. 13. Forfeiture of bird, etc., in case of convictiou. 14. Governor-in-Council may authorize killinµ, .,, birds for scientific purposes. 15. Prohibition of exportation of certain birds, el,:. 16. Bird sanctuaries. 17. Protection of lobsters. 18. Close season for lobsters. Orclla,mce CHAPTER 14 Noo. 1926' Rev.Ed. C. 44 36 0£1946 BIRDS AND FISH PROTECTION 18 or 19M. O.LC.dd [ 5th Deeemher, 190 J] 31•1639 s.R.o. 18 o£ 1944 1. This Ordinance may be cited as. the Birds and Fish Protection Short title. Ordinance. 2. Any person who kills, wounds, or takes, any bird, or the eggs or Offences nest of any bird, specified in the First Schedule to this Ordinance, or ~ this who has in his possession any such bird killed, wounded or taken, or F" ce. any part thereof, or the eggs or nest of any such bird, shall be guilty of s:~ule. an offence against this Ordinance. 3. There shall be a close season for each of the birds enumerated CJo,e in the Second Schedule to this Ordinance, and for oysters and turtle. ~n for Such season shall, until another is appointed in lieu thereof in the Oy,~ and manner hereinafter provided; be for birds, from 1st March to 31st Turtle. Second July, with the exception of the following: Schedule. O.I.C.dd. March to 30th ~~lit.39) . Ramiers-from 1st April to 30th September; . Mountain Doves and Tourterelles-from 1st September, and for oysters and turtle from 1st May to 31st July. 4. (1) The Governor-in-Council, may from time to time, by Power of. Order, amend, or vary, the Schedules to this Ordinance by adding =~m the name of any bird to either of the said Schedules, or by omitting vary the name of any bird therefrom, or by transferring the name of any 5°!j~'!5 bird from one Schedule to the other Schedule, and the said Schedules, :'!.on. as so amended or varied, shall be deemed, for all purposes, the Schedules referred to in this Ordinance, (2) The Governor-in-Council may also from time to time, by Order, alter the dates of the close season for oysters or turtle, or for any of the birds enumerated in the Second Schedule, or in any amendment thereof made under the provisions of this section. (3) All Orders made under the provisions of this section shall be notified in the Gazette. Killing, el<. of birdi, etc., during close acason, to bean offence. Second Schedule. Absolute protection on land of rurdeand rurdeeggs. 5. Except as hereinafter mentioned, any person who shall kilj, wound, or take any of the birds enwnerated in the Second Sched4&. to this Ordinance, or any oysters, or turtle, during the close season for the same, or shall take the eggs or nest of any such bird, during the said season, or shall have in his possession any such bird killed, wounded or taken, or any eggs or nest taken as aforesaid, or shall have in his possession any turtle, or oyster, during the close season for the same, shall be guilty of an offence against this Ordinance, 6. Any person who shall take, or destroy, any turtle, or turtle eggs, on land, or shall have in his possession any such turtle, or turtle eggs, taken as aforesaid, shall be guilty of an offence against this Ordinance ~nus o~proof 7. Where any person shall have in his possession any bird, or any ;:::'t:., part of a bird, or the eggs of any bird, specified in the First Schedule :;icrcn- to this Ordinance, or any turtle or turtle eggs, or shall, in any year Fus~ after the third day after the commencement and before the end of the Schedule. close season for any bird enwnerated in the Second Schedule to this Second Ordinance, or for turtle or oysters, have in his possession any such Schudule. bird, turtle, or oysters, or the eggs of any bird, as aforesaid, or any part thereof, or shall, in any year after the third day after the commencement and before the end of the close season for turtle, expose any turtle for sale, it shall be on him to show in answer to any charge made against him under this Ordinance, that the bird (being one of those enumerated in the First Schedule) was killed, wounded, or taken, or that the turtle eggs were taken out of the Territory or that the bird (being one of those enumerated in the Seoond Schedule) or the turtle, or oysters, was, or were, killed, wounded or taken out of the Territory, or before the commencement of the close season in which he has the bird or turtle or oysters in his possession. Offence to !'ur<:hase rurtle of less than 20 lb. ~eight. Duty of ~gto give name, etc. 8. Any person who shall take, kill, sell, or purchase, a turtle ofless weight than twenty pounds, shall be guilty of an offence against this Ordinance. 9, Where any person is found offending against this Ordinance, it shall be lawful for any other person to require him to give his name, description and place of abode; and if he does not truly give his name, description and place of abode, he shall be guilty of an o.ffence against this Ordinance, and shall in addition to any other penalty to which he is liable under this Ordinance, incur a penalty not exceed ing twenty-four dollars. 10. (1) Every person guilty of an offence under the provisions of Off~cco this Ordinance, shall, on conviction before a Magistrate, be liable to cfr"'.ii:!..ce a penalty not exceeding twenty-four dollars, and in default to punishable . . .th "th h d I b " on summary 1mpnsoJ].ment, Wl or Wl out ar a our, 1or any term not conviction. exceeding three months. (2) All proceedings for the recovery of penalties shall, subject to the provisions of this Ordinance, be according to any Law for the time being in force respecting the procedure before Justices or Magis tr')'tes. 11. One-half of any fine imposed under this Ordinance shall be Half or paid to the informer. ~::Cr. 12. Any offence against this Ordinance may be enquired of, heard, Where and determined, in any Police District. offences heard. 13. Any bird, fish, oyster, turtle, or turtle eggs, or any part Forfeiture or thereof in respect of which a conviction takes place under this ~ird, etc., Ordinance shall be forfeited to Her Majesty. ':.n~ti:~. 14. Notwithstanding anything in this Ordinance, the Governor- Governor in-Council may, by writing under his hand for such time and subject !n'l;iiithorr to such conditions as he thinks fit, authorize any person for scientific i:ds ro';S 0 purposes to kill or take any bird enumerated in either of the Sched- scientific ules to this Ordinance, or the eggs or nest of any such bird. =.:.. 15. (1) No personshallexport from theTerritoryanybird,orthe ProlucHion skin or plumage of any bird, enumerated in the First Schedule to this t ~rta Ordinance, or the eggs or nest of any such bird, except such birds, or .,::,.'I,, the skins or plumage of such birds, or such eggs or nests, as the birds, etc. Governor-in-Council may have authorized to be killed·o, taken under ~!.iu1e. the provisions of section 14 hereo£ (2) Any person infringing the provisions of this section shall be guilty of an offence against this Ordinance. 16. The Governor-in-Council may by proclamation declare Bird • any area to be a sanctuary for the birds enumerated in the Second ~'7.,· Schedule to this Ordinance and during the continuance in force of Schedule. such proclamation it shall be an offence against this Ordinance for any person Protection of lobsten. ( a) to .kill or wound any such bird, or to injure or destroy the eggs or nest of any such bird, within such area; or ( b) to take any such bird or the eggs or nest of any such bird from such area. 17. (I) Any person who shall expose for sale, sell, buy or have in his possession any lobster of less than one pound in weight or measuring less than nine inches in total body length shall be guilty of an offence against this Ordinance: Provided that it shall not be an offence for anyone to have in his possession lobsters ofless than one pound if such lobsters are certified by the Chief Agricultural Officcl' as being kept or intended to be kept in a lobster farm in which they will be raised to a weight of not less than one pound. (2) Any person who shall at any time take, catch, destroy, have in his possession, sell, expose or offer for sale in any place whatsoever any female lobster when the same shall be found to be carrying eggs, shall be guilty of an offence against this Ordinance. (3) Any person who shall at any time catch, take, or find caught in any of his fishing gear or other apparatus any female lobster when the same shall be found to be carrying eggs shall immediately return the said lobster unharmed into the sea or else be guil!)' of an offence against this Ordinance. Clos9'scason 18. (I) There shall be a close season for lobsters which shall for )l>bstc,.,.. extend from the first day of May to the thirtieth dav of Sei:,tember in each vear. (2) Any person who shall ( a) take, catch, destroy, or,buy; or (b) have in his possession, sell, expose or offer for sale, any lobster during the close season for the same shall be guilty of an offence against this Ordinance. (3) It shall be a defence ( the burden of proof whereof shall lie on the person charged) to show ( a) in respect of a charge laid under paragraph (a) of the pre ceding subsection that the said lobster was taken, caught, destroyed or bought outside the Territory or before the com mencement of the close season; (b) in respect of the charge laid under paragraph (b) of the said subsection that the lobster in his possession or sold or exposed or offered for sale was obtained outside the Colony or before the co;mmencement of the said close season. (4) The Governor-in-Council may by order published in the Gazette alter the date of the close season for lobsters. FIRST SCHEDULE ALLl.ANDBIRPs (with th, ,xceptwn of two spmes of hawk lureinafter mentiomd, and of the pig,ons, doves, cocorit:o and quail referred to in th, Second Sch,du/e) Viz: the yam bird; the mountain thrush; the large thrush (ci&hlhmninia); the grive, or spotted grive, or spotted thrush ( allenia) ; the soufriere bird (myiades"s); the trembleur or copperhole bird; the mockingbird; the wall bird or St. Vincent wren; the lesser soufriere bird or bishop's warbler; the redstart (setophaga); oven bird, waterthrush (seiuros aurocapil/us and seiumt tUJveboracensis), yellow bird or yellow warbler, and all other warblers; the black honey creeper and the yellow-breasted honey creeper (SL Vincent blackbird and banana bird); the lady bird or whiskered vireo, and all 01J1,,,• vh·1,0•1 llu, p1'11wr, prl11e~r, .. ol:.11tr•w11mlii. rtoto·nu1, l,inl, 11t· w1ldc11 huu1gel'; the mi11tlcloe hi.t'J, Uluc•hca<l, or Louis-<l'or (euphorlia), and all other tanagers; the :swallows of all species, including the large martin (progne); the robin, robin redbreast, or black sparrow; the small black breasted or cane sparrow or grass finch or grassquit (euethia); the grass canary (sicalis), and all other sparrows or finches; the common blackbird, tick bird, or bequia sweet; the pipiree or hawk-beater; the loggerhead (myiarchus); the top-knot and the mountain top-knot (elain,a), and all other flycatchers; the hummingbirds or doctor birds, of all species; the lesser antillean swift and the small swift (cha,tura), the black swift (,;:;J>seloides), and all other swifts (colllmonly also called swallows, and, locally also rain birds and wind birds); the kingfisher, or king-fisherman; the native parrot or St. Vincent parrot or Guilding's Amazon parrot (a,!114~•"!!,or chrysoti.r guildingui); the ani, chapman bird, black parrot, or black'witch (crotophaga); the coucou-manioc or rain bird, and the yellow-billed or small cuckoo (cociy= ameri&anus), and all other cuckoos; the owl or jumbce bird; the osprey, sea hawk, diving hawk, or fish hawk (pandion); the black hawk or St. Vincent crab hawk (urubitinga); the chicken hawk {hut,o antillarum), and all other hawks excepting the duck hawk, peregrine, or large falcon (falco peregrinus cinatum) and the pigeon hawk, sparrow hawk, gri-gri or small falcon (jal&o columharius) •. Protection d lobsters. Close{ season for Jbbstcn .. tl SRO, 43/1947 (Proc.). SRO. 82/1950. (Proc.) CERTAIN w ADINO BIRDS AND SWAMP BIRDS Viz: the large grey gaulin or crane (arc/ea herodias); the large white gaulin or egret; the small white gaulin or snowy heron (egrella ,andi dissima); the small blue gaulin, little blue heron, or black gaulin (florida eturUlea eaerulescms, immature birds, white or mottled slatecolour and white) ; the Louisiana heron or white-bellied blue gaulin; the common gaulin or small green gaulin and the grey-necked green gaulin (butoridu); the common grey gaulin or yellow-crowned night heron or crabicr (nyetanassa); the black-crowned night heron (nyeti&orax), and all other herons or gaulins; the American or white-seal coot (fali&a); the water fowl or gallinule (gallinula); the purple gallinule, kascamiol, or coot (ionornis), and all other coots and gallinules. ALL SEA BIRDS WITHotJT ExCEPTION Viz: pelicans; man-o'-war birds or frigate birds; all species of booby or ballahoo bird; the red-billed and the yellow-billed tropic bird, traffic bird, or long-tail; the laughing gull, black-head gull, davy or davy bird; the royal tern, or bosun; the sooty tern; egg bird, hurricane bird, or twa-oo; the bridled tern, or cat bird; the roseate tern and the southern roseate tern, or gull, or gulf; the marsh tern (g,loclulidon); the noddy, noddy tern, or mwen (anous), and all other terns or gulls; the wedderigo or Audubon's shearwater (pteffinus lherminim), and all other shearwaters; the Mother Carey's chicken or small petrel (oeeanilis); the large petrel (autrelata) and all other petrels. SECOND SCHEDULE Wild pigeon or ramier; mountain dove or tourterclle; ground dove or ortolan; every other species of wild pigeon or dove; quail; cocorico; the blue-winged teal or wild duck, and all other species of wild ducks; all the limicolae or shore birds, viz., snipe, sandpipers, tatlcrs, turnstoncs, plovers1 stilts, curlews, godwits; known under local names of plover, ploward, snipe, pika, longlegs, black-back, nit, grey nit, grass nit, cockroach nit, chirp, October chirp, cue, duck-leg, sandy plover, sandy snipe, wag, cotton, tree plover, ring-neck, curlew. Bird Sanctuaries for the birds enumerated above: Young's Island; King's Hill; Government House Grounds including the Bota'¥cal Gardens; Milligan Cay; Pigeon (Ramier) Island; Isle de Quatre.