Species Protection Regulations 1999 (No. 9 of 1999)

72. Comptroller of Customs to monitor. 4 . • 29TH SEPTEMBER 1999 THE OFFICIAL GAZETrE [LEGAL SuPPLFMENTJ B 281 SCHEDULE I SCHEDULE II SCHEDULE Ill - ENDANGERED SPECIES (Species threatened with extinction) in Guyana. SCHEDULE IV - Species requiring protection in Guyana. SCHEDULE V 5 282 THE OFFICIAL GAL.ETTE (LEGAL St1PPt.[Ml'NT) B 29TH SEPTEMBER. 1999 • lN EXERCISE OF THE POWERS CONFERRED UPON ME BY SECTION 68 (I) OF THE ENVIRONMENTAL PROTECTION ACT 19%, I KEREBY MAKF THE FOLLOWING REGULATIONS:- PART I PRELIMINARY Citaiim. I. These Regulations may he cited~ the Species Protection Regulations 1999. '*"prrt«ion 2. (1) In these Regulations• (a) "animal'' means BnY specimen. whether living or dead. of any species of animal specified in Schedules I, II, Ill and IV and includes any egg. spenn. tissue culture or embryo of any such animal; (b) ..animal reproductive materiw'' means - (i) an egg, ~nn or emhr)'o of an animal; or (ii) any other part, or product of an animal from which another animal can be produced: (c) ''animal specimen" means - (i) any animal; (ii) any aninllll reproductive matenal; (iii) the flesh, skin. bone. blood, scales. tcather. horns or shell of any animal; and (iv) any readily recogn.is:lble part, of a species or any derivative thereof specified in Schedule I, II, III or IV; (d) •·approved zoological organisation" means a zoological organisation declared by the Management Authority under regulation 67 to be an approved roological organisation in relation to a p31ticular arumal specimen or cws of animal specimen; (e) "bred in captivity" rneans breJ in a clirucal or controlled environment of an offspring of any ani111,,i( reproductive llldterial. whether sexual or a.sexual: (f) "ccnificate" mean~ the official document used to authorise an introduction from the sea of any animal or plant specified in rite Schedule I, II, III or IV; (g) "conlrolled environment·• means • (i) in relation to an animal or arumal reproductive material, an environment which • 6 . 29TH SEPTEMBER, 1999 THE OFFICIAL GAZETTE [LEG,L S11Pr1_EMENT] B 283 (A} is manipulated for the purpose of producing a selected species or quality of animals or animaJ reproductive material; (B) has boundaries designed to prevent the entry, departure, introduction or removal of animals or animal reproductive material; (C) includes facilities such as artificial housing, waste removal, health care and artificial food supply; (D) is managed in a manner to maintain thl: breeding stock indefinitely~ (ii) in relation to plants. an environment which• (A) is manipulated for the purposes of producing selected hybrid species of plant or plant reproductive material; (B) includes tillage. fertilisation. weed control, irrigation or nursery operations, including potting, bedding or protection from weather; or (C) is managed in a manner designed to maintain the breeding stock. immediately; (hl "endangered species" means any animal or plant species in danger of extinction and whose survival is unlikely if a factor which thre.:itens its extinction continues to o.pcratc; (i) "export" with its grammatical variations and cognate expressions means to take or cause to be taken out of Guyana; (i) "import" with its grammatical variations and cognate expressions means the bringing in. causing to be brought in or the introduction of a specimen into Guyana by land, air or water otherwise than in transit or by transshipment; (k) "in transit" includes any occasion on which a specimen remains on board an aircraft, ship or other fonn of transport; (I) "introduction from the sea" means the transportation into Guyana of a specimen which is taken from the marine environment not under the jurisdiction of any State; (m) "Management Authority" means the management authority designated by the Minister under regulation 3; (n) "mark" means any indelible imprint, lead-seal or other means of identifying a specimen, designed in such a manner as to render its imitation by unauthorised persons as difficult as possible: (o) •i,ennii'' means the official document used to authorise impon. export or re-export of any plant or animal specified in Schedule I, II. Ill or IV; 7 284 THE OFFICIAL GAZETfE [LEGAL SUl'l'l.£MENT) B 29TH SEPTEMBER. 1999 • (p) "plant" means any specimen. whether living or dead, of any species of plant specified ~ the Schedule I. II. Ill or IV anJ includes any seed. spore, pollen or tissue culture of any such plant; (q) ·'plant reproductive material" means - (i) a seed or spore ofa plant; (ii) a cutting from a plant; or (iii) any other part or product of a plant from which another plant can be produced; (r) "plant specimen" means - (i) a plant; (ii) plant reproductive material; (iii) any article wholly produced by or from or otherwise wholly derived from a single plant; or (iv) any readily recognisable part, of a species or any derivative thereof specified in Schedule(, JI, Ill or JV; (s) "prescribed scientific organisation" means a scientific organisation included in a class of scientific organisations declared as such by the Management Authority by notice published in the Gazelle; .. (I) "readily recognisable part" includes any specimen which appears from its labe~ mark, description or any package or document accompanying it, to be a specimen specified in Schedule l, II. Ill or IV; (u) "recipient" means - (i) in relation to a specimen that is exponcd from Guyana. the person in the State to which the specimen is exponed who is to have the care and custody of that specimen; and (ii) in relation to a specimen that is imported into Guyana, the person in Guyana who is to have the care and custody of that specimen; ( v) "relevant authority", in relation to a State, mean'l the authority, body or person in a country who is legally competent to authorise the export from that country, or the traruiponation out of or into that country of an animal or plant or any pan or derivative of an animal or plant; ◄ 8 29TH SEPTEMBER, 1999 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] B 285 (w) "Scientific Authority" means the scientific authority nominated by the Management Authority under regulation 3(2); (x) ..scientific organisation" means an organisation engaged in any scientific research; (y) ..species" iochldcs any sub-species, variety, form or geographically separate population. whetbec wild or domesticated, of any species; (z) "specimen" includes a live or dead animal or plant specified in Schedule I, II, III or IV and any readily recognisable part or derivative thereof. (3) For the purposes of these regulations, where an anicle consists of or is derived from a specimen and other material, two or more specimens, or two or more specimens and other material, that article shall be deemed to be a separate anicle, being - (a) that specimen and an article consisting of that material; (b) each of those specimens; or (c) each ofthose specimens and an anicle consisting of that material. (4) A reference in these regulations to a State shall be read as including a reference to a place that is a territory, dependency, colony or province (howsoever descnl>ed) of that State. (5) For the purposes of these regulations, a specimen shall be taken to have been imported into Guyana by way of introduction from the sea U: and only U: the specimen was taken in the marine environment oot tmder the jurisdiction of any State and then imported into Guyana without having been imported into any other State. (6) For the purposes of these regulations - (a) where a live animal (other than animal reproductive material) that was bred in captivity cties, the dead animal and any specimen derived tbercfrom shall be taken to be specimens derived from that live animal; and (b) where a live plant (other than plant reproductive material) that ~ artificially propagated dies, the dead plant and any specimen derived therefrom shall be taken to be specimens derived from that live plant. (7) Por the purposes of these regulations, an activity may be described as commercial if - (a) its purpose is to obtain commercial benefit, including profit whether in cash or kind; and (b) it is directed towards resale, exchange, provision of a service or other fonn of economic use or benefit, 9 r 286 THE OFFICIAL GAZETfE [LE0"1. SUl'l'LEMEl'll} 8 29TH SEPTEMBE~ 1999 so, however, that the burden of proof for showing that the intended activity is not commercial shall rest with the person or body seeking to deal in such activity. (8) For the pwpo,es of thc9e regulations. the doing of anything to or with a Ii~ animal or plant for the purposes of scientific rC3CBJ'Ch shall not be taken as failure to provide suitable care for the animal or plant, provided there be compliance with the guidelines stipulated by the Scientific Authority. PARTD AMINISTRATION Daipionof 3. (I) The Minister may, by order, designate a group of penons or body to be the Management Mweemcnt Authority. Authority. (2) The Management Authority designated imder paragraph ( I ) shall nominate a group of pcr,ons or body to be the Scientific Authority. .. Dircaiona 10 4. The Minister may, after coMUltation with the Chairman of the Management Authority, give Mll...-,1 to the Management Authority such directions of a general cl:wacter as to the policy to be Audlolify. followed by the Authority in performance of its functions as appear to the Minister to be ncces.wy in the public mterest and the Authority shall give effect to the directions. S. (I) The functions of the Management Authority shall include • (a) taking such steps as are necessary for tbe protection of endangered species or arumab and pl.allts agaimt over.exploitation through importation and exportation; (b) consuhing with the Scientific Authority on the scientific aspects on the protection of species of wild animals and plants; Sdlcdulc ~ ll. (c) devising measures to prevent trade in or possession of specimens specified in W or rv. Schedule I, II, m or IV in violationoftbc5e rcgulatiom; (d) to promote public awareness of endangered species of wild animals and plants and to foster Wlderstanding of their importance to the comervation of the environment; (e) advising the Minister generally on matters relating to the importation and e,cportation in endangered species of wild animals and plants; Sc:hedulc L II. (f) granting permits and cenificates in respect of importation. exponation and re- W or rv. e,cportation of and other trade in endangered species specified in Schedule J, 11, [II or IV; (g) formulating and implementing or causing t'he formulation mid implementation of a recovery and sustenance plan for endangered species of wild animals and plants ◄ specified in Schedules I, II or JII; ·29TH SEPTEMBER, 1999 THE OFFICIAL GAZETTE [LEGAL SuPPLEMEWr] B 287 (h) identifying, in comuh.ation with the Sc::ienti6c Authority, the critical habitats for the protection of species specified in Schedule I, II, [II or IV; (i) performing such other functions pertaining to the importation and exportation of species specified in Schedule I, II, Ill or IV, as may be assigned to it. by the Minister. (2) The duties of the Management Authority shall be - (a)to review and propose amendments, after consultation with the Scientific Authority, to the provisions of Part V regarding the method of shipment, including container and other packaging requirement necessary for transport of a specimen specified in Schedule I, II, Ill or IV; (b) to consult with the Scientific Authority on - (i) matters under these regulations which require consultation on scientific aspects of protection of species; (ii) matters regarding the amendment of Schedule I, Ill or IV;

Schedule L D. (c) to prepare annual reports regarding the importation a — D. (c) to prepare annual reports regarding the importation and exportation of wild

Schedule L D. (c) to prepare annual reports regarding the importation and exportation of wild ffl or IV. animals and plants specified in Schedule I, II, Ill or IV. Functions or 6. (1) The functions of the Scientific Authority shall be - Scientific Aumority. (a) to advise t.he Management Authority on matters relating to the importation or exportation of species specified in Schedule I, II, HI or IV; (b) to advise the Management Authority of the measures which should be taken including the establishment of quotas, to limit the grant of export permits when the population status o"f a species so requires; (c) to carry out research, which. in its opinion, is relevant to the protection of species specified in Schedule I, 11, Ill or [V; (d) perfonn such other functions pertaining to trade in endangered species of wild animals and plants as may be assigned to it, from time to time, by the Minister or the Management Authority. (2) The duties of the Scientific Authority shall be - Schedule I (a) to advise, in case of a proposed import of a specimen specified in Schedule I, the Management Authority on whether or not the purposes of the importation are detrimental to the survival of the particular species; 11 -- 288 THE OFFICIAL GAZETTE [LEGAL Sum.EMENT] 8 2911-l SEPTEMBER. 1999 (b) to advise the Management Authority on whether or not a proposed export or introduction from the sea of a specimen specified in Schedule I, II. Ill or IV will be detrimental to the survival of the particular species; Schedule I or II (e) to advise. in case of a proposed import of a live specimen specified in Schedule I or II, whether or not it is satisfied that the proposed recipient of the specimen is suitably equipped to house and care for it; Schedule I (d) to monitor the export pennits granted for Schedule I, II, III or IV as well as actual exports of such specimens and to advise the Management Authority of suitable measures to be ta.ken to limit the grant of export permits when it has determined that it is necessary to maintain the species throughout its range at a level consistent with its role in the ecosystems, and wcU above the level at which that species may become eligible for inclusion in column II of Schedule I; (e) to advise the Management Authority on the choice of a place for the disposal of confiscated specimens; (f) to do a1i such things pertaining to the protection of species of wild animals and plants, as arc assigned to it by the Management Authority or the Minister from time to time. Scientific 7. (I) The Scientific Authority shall cause to be prepared and transmitted to the Management Rcporu. Authority an annual report on - (a) any specimen which is endangered, threatened, vulnerable, extirpated. extinct or at risk; ScNdulel.lL (b) the status of the species of wild animals and plants specified in Schedule I, !Dot IV. II. Ill or IV; (2) A report Wlder paragraph (I) may conlAin - (a) subject to paragraph (3). a list ofspecies in Guyana and in other countries which are endangered. threatened, vulnerable, extirpated, extinct or at risk; (b) a description of any critical factor; . (c) the reason for such endangerment. threat, vulnerability, extirpation. extinction or risk status and remedy. if any, therefor; (d) any recommendation for such species to be included in or removed from ScheduJe I, II, Ill or IV: and (e) an assessment of such specimen or species in other States. ◄ 12 . 29TH SEPTEMBER. 1999 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] B. 289 (3) A list compiled under paragraph 2 (a) shall be based upon. the best available scientific evidence or ecological principles so. however that where little or no scientific evidence is available, the Scientific Authority may growid its reasons on other relevant infonnation or facts. (4) The Management Authority may reject or accept any or aJJ of the recommendations contained in the repon. (5) Where the Management Authority rejects the repon, or any part thereo( it shall give reasons therefor and such reasons may include social or economic considerations. (6) The Minister shall cause a copy of the report and any comments thereon to be lak1 before the National Assembly. Schedule I, n, (7) Any member of the public may, in writing to the Scientific Authority, recommend that any Ill or IV. specimen be included in or removed from Schedule I, II, III or IV and the Authority shall consider such recommendation. PARTlll PERMIT AND CERTIFICATE Requirement 8.(1) No person shall impon, expon, re-export or introduce from the sea, any specimen of an for permiL endangered species of wild animal or plant including animals bred in captivity and artificially propagated species specified in Schedule I, II, III or IV except with a permit or certificate in accordance with the provisions of these regulations. (2) A person who contravenes paragraph (I) commits an offence. Breeding in 9. (I) For the purposes of these regulations. a live animal of a particular kind, except animals captivity. bred in captivity and artificially propagated species, shall be taken to have been 'bred in captivity if. and only if, it was bred in circum,;tances in which the breeding of• (11) any live animal; (b) any live animal of that kind; or (c) any live animal included in a class of live animals that include live animals of that kind, would constitute breeding in captivity. (2) Subject to paragraph (3), an animal specimen included in column II of Schooule I bred in capacity for commercial purposes shall be deemed to be a specimen included in column In of Schedule I. 13 r 290 THE OFFICIAL GAZETTE [LEG~L SUPPLEMENT) B 29TH SEPTEMBER, 1999 (3) The Management Authority may. on the recommendation of the Scientific Authoricy, cause proposals for the transfer of a specimen from one Schedule to another to be prepared and submitted to the Minister. (4) Where. in relntion to the export of an animal specimen, the Management Authority is satisfied that the specimen was bred in captivity. the Management Authority shall issue a certificate to that effect; and such certificate shall be in lieu of any permit granted wlder ' regulation I 4. A (5) Where an animal is bred in captivity for scientific research and scientific exchange every progeny of such animal shall remain the property of the Government. A,tific1aJ I 0. (I) For the purposes of these regulations. a live plant of a particular kind shall be taken to prupd8111ion. have been artificially propagated if. and only if. it was propagated in circumstances in which the propagation of • (a) any live plant: (bJ any live plant of thBt k:Uld: or (cl any other live plant included in a class that includes live plants of that kind, would constitute artificial propagation. (2) The propagation of any live plant shall constitute artificial propa;;ation, where the plant has grown from seed. cuttings, di,isions, callus tissues or other plant tissues, spores or other propagules in a controlled environment. (3) A plltllt specimen included in column II of Schedule I which is artificially propagated for commercwl purposes shall be deemed to b a specimen included in column Ill of Schedule I. (4) \\'here. in relation to the export of a plant specimen, the Management Authoricy is satisfied that the specimen was artificially propagated. the Management Authority shall issue a certificate to that effect: and such certificate shaU he in lieu of any pennit granted W'lder regulation 14. (5) Where a plant is anificially propagated for scientific research and scientific exchange every progeny of such plant shall remain the property of the Government. A,l'f'liclllion liir 11.( I) Subject to para~raph (2) any person who proposes to import. export. re-export or po.-nnil. introduct: any animal or plant or specimen from the sea specified in Schedule I, II, Ill or IV shall hefore commencing any action related thereto. apply to the Management Authority for a permit or certificate in Form A of Schedule V, accompanied by the fee prescribed in paragraph (4) and ~uch information or document, if any. as the Management Authority may require. (2) A per.ion shall not import. export or re-export an animal bred in captivity unless the animal in capti\'ity originates from a !:,reeding operation registered by the Management Authority and 14 29TH. SEPTEMBER, 1999 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT) B 291 such animal in captivity has been permanently marked in a manner so as to render alteration or modification by unauthorised persons as difficult as possible. (3) An application under paragraph (I) shall be in Fonn A of Schedule V and in the case of• (a) an application for a pennit to import any animal or plant specified in Schedule I or II shall be accompanied by a valid export pennit issued by the country of origin or a valid foreign re-export pennit issued by the country of re-export; (b) an application for a pennit to export or re-export any animal or plant specified in Schedule I shall be accompanied by a certificate oforigin pertiI1eot to such animal or plant. (4) The fees in respect of an application for a pennit or certificate (including renewal thereof) - Permits 1. For an import pennit $ 20.000.00 2. For an export pennit $20,000.00 3. For an re-export pennit - $ 5,00.00 Certificates 1. For a certificate of introduction from the sea - $ 10,000.00 2. For a certificate of captive breeding $10,000.00 3. For a certificate of artificial propagation $10,000.00 4. For a pre-regulation certificate $ 5,000.00 (5) The fees in respect ofan application for a licence and for registration ace:- Licence I . For a commercial Licence $ 50,000.00 2. For a Holding Premises Licence $ 250,000.00 3. Commercial Exportation Licence $ 50,000.00 Registration 1. For registration of breeding operations - $25,000.00 Otli:nc..-s of 12. (I) Every person who imports. exports, re-exports or introduces from the sea any animal or cxportillg. plant before obtaining a permit or certificate under regulation 11 shaJI be guilty of an offence importing. 1:tc. and liable to a fine of not Jess than seventy thousand dollars nor more than one hundred and forty thousand dollars and shall be disqualified from obtaining an import. export or re-export pennit or introduction from the sea certificate for such period as the magistrate detennines. 15 292 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] 8 29TH SEPTEMBER . .I 999 (2) Any person who, while disqualified from holding an import. export or re-export pennit or introduction from the sea certificate under paragraph (l ), obtains or attempts to obtain such pennit shall be guilty of an offence and liable to a fme of one hundred and forty thousand dollars. (3) A person convicted of an offence under paragraph (2) shall be disqualified for a period of not less than twelve months from the date of conviction from holding or obtaining an import. export or re-export pennit or introduction from the sea certificate, and on a second conviction for a like offence shall be permanently disqualified from obtaining an import, export. re- export pennit or introduction from the sea certificate. 13. Prior to the issue of a pc:nnit or certificate, any change in the particulars furnished in the Olar'Fin pstia.lan. application under regulation 11, or after the grant of a pennit or certificate, any change in the infonnation on the basis of which a pennit or certificate has been g,-anted shall be notified inunediately in writing to the Manallement Authority by the applicant, or, as the case may be, by the holder of the pennit or certificate. Gnntof 14.. (I) Where the Management Authority on the advice of the Scientific Authority, is satisfied pmnit or that with regard to an application for an export or re-export pc:nnit to wruch these regulations certificate. relate - (a) the proposed export is within the limit of the recommended annual export quota: (b) an import pennit has been issued by the relevant authority of the State of destination; (c) the plant or animal has not been obtained in contravention of any law including such other obligations deriving from any treaty, convention or international agreement to which Guyana is a party; ... (d) the transportation arrangements for any living plant or animaJ is adequate and mirumises the risk of injury or damage to health thereto: (e) the exportation or importation proposed is in the best interest of Guyana; and (f) the requirements of these regulations have been complied with, shall grant the permit applied for in such fonn as the Management Authority may from time to time determine. .. (2) Where the Management Authority on the advice of the S~ientific Authority. in relation to an application for an import pennit to which these regulations relate, is satisfied that - <•> the import shall not be for purposes that are detrimental to tbe survival of the species: (b) the plant or aninial has not been obtain<.-d in contravention of any law including such other obligations deriving from an} treaty. convention or international agreement to ... "'hich Guyana is a party: 16 29TH SEPTEMBER. 1999 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT) B 293 (c) an export. or re;-export permit or certificate of origin, authorising the import of any plant or animal, has been issued by the relevwit authority of the exporting State; and (d) the import proposed is in the best interest of Guyana, the Management Authority shall grant the permit applied for on such tenns and conditions as it sees fit and in such fonn as it may from time to time determine. ()) Where the Management Authority on the advice of the Scientific Authority, in respect of an application for a certificate for the introduction from the sea of a specimen to which these regulations relate, is satisfied that - (a) the introduction .from the sea of the specimen is not for purposes that are detrimental to the survival of the species; (b) the specimen is not intended to be used primarily for commercial purposes; (c) in case of a living specimen, the proposed recipient of such specimen is suitably equipped to house and care for it; (d) in case of a living specimen, such specimen will be so prepared and transported so as to minimise the risk of injury to, deterioration of the health of or cruel treatment of the specimen; (c) the specimen has not been obtained in contraven.tion of any law including such other obligations deriving from any treaty, convention or international agreement to which Guyana is a party; and (f} the proposed introduction from the sea of the specimen is in the best interest of Guyana, the Management Authority shall grant the certificate applied for on such tenns and conditions as it sees fit. Validity of 15. (1) An export and re-export permit shall be valid for a period of six months from the date of permit. issue. .. (2) An import permit shall' be valid for a period not exceeding six months from the date of issue of the corresponding export pennit or re-export pennit, by the country of export or re- export, as the case may be. (3) An import or export permit, or a re-export or certificate of introduction from the sea of a specimen shall be valid for three months from the date of issue. Grounds tor 16. 1ne Management Authority may refuse to grant a permit or certificate under these t(efusal 10 grantpcnnit regulations, where it has reason to believe - or oertifica1c. 17 294 THE OFFICIAL GAZETTE [LEGAL SuPPU:MENT] B 29TH SEPTEMBER, 1999 (a) that the import will be for purposes that are detrimental to the survival of the species; (b) that the plant or animal has been obtained in contravention of any law including such other obligations deriving from any treaty, convention or international agreement to which Guyana is a party; (c) that the application contains or is based on fillse or misleading representation or infonnation which is false in a material particular; (d) in case of an individual, that he • Ci) is under the age of eighteen years; or (ii) is an undischarged bankrupt; (e) in case ofa body corporate, that:- (i) a resolution bas been passed against it for its voluntary winding up or an order has been mad.e by a court of competent jurisdiction for its winding up; (ii) a receiver has been appointed to manage any of its assets; or (iii) any of its directors has been convicted of any offence, specified wider these regulations dwing the period of five years immediately preceding the application; (f) the transportation arrangements. whether by land. sea or by air, for any living plant or animal are inadequate and present a serious risk of injury, damage thereto; (g} an export or re.export permit or certificate of origin, authorising the import of any plant or animal, has not been issued by the relevant authority of the exporting State; or (h) where in the opinion of the Scientific Authority, the issue of the permit or certificate would not be in the best interest of Guyana. having regard to such factors as the Scientific Authority considers relevant including - (i) the need for the protection of certain species of wild animal or plant from over~xploitation through international trade; or (ii) the preservation of the character of the environment. including animals and plants. Renewal of 17. ( I) A permit or certificate granted pursuant to these regulations may, on its expiration. be permit or renewed by the Management Authority if - ~ificaic. f 18 29TH SE~TEMBER, 1999 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] B 295 (a) an application, accompanied by the fee prescribed in regulation 11(4) is made not later than one month before the date of expiry; (b) after consultation with the Scientific Authority, the Management Authority is satisfied that there has been no material change in the circumstances that existed at the time the permit or certificate was granted. (2) Where the Management Authority - (a) rec-eives an application for the renewal of a permit or certificate after the period specified in paragraph (1) (a); or (b) after consultation with the Scientific Authority, it is satisfied that a material change of circumstances has occurred since the grant of the permit or certificate, it shall treat the application as a new application, and accordingly, the relevant provisions of these regulations relating to the application for a permit or certificate shall apply. 18. (1) The Management Authority shall not issue a permit or certificate retrospectively, in respect of any specimen specified in column II of Schedule I. (2) The Management Authority shall not issue a permit or certificate retrospectively in respect of any specimen specified in column UI of Schedule I, or in Schedule II, III or IV unless - {a) the Management Authority and any relevant authority are satisfied that no irregularity is attributable to the importer or exporter of any specimen; and (b) the importation o.r exportation of the specimen is in accordance with these regulations and any other laws of Guyana and any other State. Modification 19. (1) A person to whom a permit or certificate has been granted pursuant to these regulations ~='t may apply to the Management Authority to vary or modify the permit or certif1eate stating clearly the .reasons therefore. (2) In considering an application under paragraph (I), the Management Authority shall have regard to the matters specified in regulation 16. Suspension 20. (I) The Management Authority may suspend a permit or certificate for a breach of any of permit or ceni6ca1c. provision of these regulations or of any term or condition subject to which the permit or certificate is granted. (2) The Management Authority shall, on suspending a permit or certificate, notify the holder thereof in writing - (a) stating the breach which gave rise to the suspension; 19 296 THE OFFICIAL GAZETTE [LEG"1. SUPPLEMENT] B 29TH SEPTEMBER. 1999 {b} requiring the holder of the pennit or certificate to remedy the breach; (c) stating the time within which the breach is to be remedied; and (d) stating whether the pennit is to be returned within a specified time to the Management Authority. (J) The holder of the pennit or certificate. upon remedying the breach, shall so infonn the Management Authority and the Management Authority shall. if it is satisfied that the breach is remedied. forthwith return the pennit or certificate. as the case may be, to the holder thereof Grounds for 21. (I) Without prejudice to paragraph (2), the Minister may cancel a permit or certificate cancellalion of permit. granted wider these regulations • (a) upon breach of a condition subject to which the pennit or certificate was granted; (b) where the holder of the pennit or certificate contravenes any provision of the regulations; (c) where the Minister is satisfied that information which was misleading, false or deceptive to the Management Authority was submitted in support of the permit or certificate and on the basis of which the permit or certificate was granted; (d) upon failure of the holder of the pennit or certificate to keep up-to-date records in accordance with regulation 26; (c) where there has been an outbreak of disease among any animal or plant in respect of which a pennit was issued or there is a reason to believe that such an outbreak is A. imminent; (f) if the Minister is of the opinion that the permit or certificate granted is not in !,he interest of Guyana; or (g) for any other reason where the Management Authority thinks it proper to do so. (2) Where the Management Authority cancels a pennit or certificate. it shall as soon as practicable thereafter notify in writing to the person to whom the pennit or certificate was granted and such notice shall state the reason for the cancellation. and such cancellation shall have effect on receipt of the notice by the addressee. 22. (I) Any person who is aggrieved by a decision of the Management Authority or the Minister may at any time within twenty~ight days of the decision, by notice in writing appeal against such decision. (2) Appeals shaU be made to the Environmental Appeals Tribunal. in accordance with rules applicable to appeals under the Act. 20 29TH SEPTEMBER, I 999 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] B 297 C.ornpensmion, 23. Compensation shall oot be paid to a the holder of the permit or the holder of the certificate where the decision to cancel the permit or certificate was necessary for the purposes of protecting and conserving the environment, any animal or plant or by reason of an unforeseeable change in circumstances on the basis of which the permit or certificate was granted. Non- 24. A permit or certificate granted under these regulations shall not be tramferable. transfenbil ity of pmnit. UICC! permit. 25. The Management Authority shalJ cancel and retain a used export permit or a re-export de. lo be certificate issued by the relevant authority and the corresponding import permit. rewncd. PARTfV KEEPING OF RECORDS Holder of 26.(1) Every person who is granted a pennit or certificate under these regulations shall keep pennit"' certifie.le to books, documents. records or particulars in a register to be called the Wildlife Register keep Wildlife relating to any specimen specified in Schedule 1,11.111 or rv showing - Regista-. (a) the number of specimen he has imported, exported or re-exported; (b) the date of such importation. exportation or re-exportation; and (c) such other information as the Management Authority may require. (2) The Management Authority shall suspend a pennit or certificate where the holder of such permit or certificate fails to keep a Wildlife Register specified under this paragraph. (3) The provisions of regulation 20 shall apply mulatis mutandis to the suspension procedure for the purpose ofthis regulation. Mmagement 27. (1) The Management Authority shall keep registers which shall contain:- Autho,ity to keep records• (a) the name of the person.to whom the permit or certificate is granted; (b) the type of pennit or certificate; (c) the date on which the permit or certificate is granted or renewed; (d) the date of expiration of the permit or certificate; (e) the date and reason for revocation and suspension of the permit or certificate and in respect of suspension the period thereof; 21 298 THE OFFICIAL GAZETTE [Lro.u. SUPPl.EMENT] B 29TII SEPTEMBER, 1?99 .. (t) the specimen or class of specimen of wild animal or plant in respect of which the permit is granted; (g) the number of the permit or certificate; (h) any other relevant remarks. (2) Every register under paragraph ( I) shall be open for inspection by tbe public at the offices of the Management Authority during office hours, free of charge, and the Management Authority shall. on payment of the specified fee, cause to be made copies of any entry in any such register. PARTV COMMERCIAL fMPORTERS AND EXPORTERS u- 10 1rap 28. ( 1) Any person who proposes to engage in activities to trap or deal in animals on a « dCIII in commcrciaJ basis shall, before commencing such activities, apply to the Management 111imalson -,merclal Authority for a commercial licence giving such particulars as the Authority shall require. b&sis (2) An application under paragraph ( I) shaU be accompanied by the fee prcscribrd in regulation 11 and with such information or document as the Management Authority may require. (3) A commercial licence shall be valid for a period of one year. ( 4) A person who contravenes paragraph (I) commits an offence. u - lo 29. (I) Any person who proposes to engage in the commercial expo nation of animals and plants ffl8111C10 shall. before commencing such activities, apply to the Management Authority for a oonime"'ial ellptlr1111KX1. commercial exponation licence giving such particulars as the Authority shall require. (2) An application under paragraph (1) shaU he accompanied by the fee pre9Cribed in regulation 11 o.nd with such other information or document as the Management Authority may require. (3) A licence to engage in commercial exponation of animals or plants shall be valid for a period of one year. (4) A person who contravenes paragraph (I) commits an offence. M<ldi~I . . 30.( I) Every person who is granted a licence to trap or deal in animals on a commercial basis eumnw11on ol shall undergo a med.teaI exammat1on • • • monhL5 every sue L. so as to ensure t he physlC8 • I heat 1·h and . 1rappm,.. etc. we U-u,;ang '--. o f the holder of. Ihe hcence. . 22 ..... 29TH SEPTEMBER, 1999 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] B 299 (2) Every person referred to in paragraph (I) shall at any time within fourteen days of his med.icaJ examination submit the report of the medical examiner to the Management Authority. PARTVl TRANSPORTATION OF ANt\iALS AND PLANTS Shipmcn1 of 31. ()) Every person who exports from Guyana a live animal by air, shall prepare_it for shipment animals by air. and ship it in a container in accordance with the JntemationaJ Air Tnuupon Association live Animals Reg11Jations in force at the time.. (2) Every person who exports from Guyana a live animal shall. when: it .is transported by land. sea or • in the case of a live plant shipped by air. prepare it for shipment and ship it in accordance with the Guidelines for Transport and preparalion for Shipment for Li~ Wild Animals and Plants, in force at the time. Shipment on 32. Animals in respect of which export pennits have been granted shall be prqwcd for shipment QJ)Ol1 pmniu. and shipped in accordance with the requirements of regulation 33. bquimncnu 1or 33. Animals shall be shipped as follows- Slllpment. (a) snakes and lizards in transit for six hours or less shall be transported in baas made of cloth or other soft and porous material; for lonaer, these aninwJs shall be placed in hard-sided containers for additional protection ; (b) bqs containing reptiles shall be stacked no more than two deep; (c) turtles in transit for a lonaer period than six hours, shall be packed in boxes so as to prevent piling more than two deep on each other; (d) reptiles sball be transported in well-ventilated boxes; (e) birds shall be transported in cages that contain perching bars and so designed that the heads of the birds shall not be in contact with the top of the box when perched; (f) mammals shall be transported in containers so designed to emure proper ventilation and that such mammals can move about in the container; (g) where a mesh container is used, it shall be so elevated as to ensure the protection of the toes of the animals at all times; and (h) every container that is used for the transportation shall be washed and sterili9ed after each use. 23 300 THE OFFICIAL GAZETTE [LEG.-.L SuPPLEMF.NT} B 29TH SEPTEMBER. 1999 PART VII LICENSING OF HOLDING PREMJSES L.iccnaina of 34. A person shaJJ not keep animals introduced from the sea or any other animal, except in holdina praniac:s. holding premises licensed by the Management Authority. Applia111ioo 35. (I} The owner or occupier of any premises who desires to keep animals referred in paragraph for lioenQ:. (1) shall before doing so apply to the Management Authority for a licence in respect of those premises in the manner prescribed in Form B of Schedule V. (2) An application to which paragraph (I) relates shall be accompanied by a receipt for a fee of fifteen thousand dollars issued by the Environmental Trust Fund. ""'· rcp,lllioo holdi"I 36. Regulation 35 shall apply mutati.s mutandis to the oYl1ler of premises used for keeping animals before the commencement of these regulations. premise$. 1Mpec1iooof 37. (I) Where an application for a licence has been made. an authorised person shall arrange for premiaes. an inspection of the premises by a Veterinary Officer who shall prepare a repon to be submitted to the Management Authority as early as possible. (2) Upon consideration of a repon submitted under paragraph (I) if in the opinion of the Management Authority, the premises, facilities or staffing need to be altered to comply with the requirements of these regulations, the Management Authority shaU issue a notice to the owner or occupier specifying the alterations to be made, and shall withhold the issue of any licence until the alterations are satisfactorily completed. Gran4of 38. Where the Management Authority is satisfied that in relation to an application before it, the licenoc. requirements of these regulations have been complied with it shall approve the issue of the licence on such terms and conditions as it sees fit. Display of 39. Where a licence has been issued relating to any premises, the owner or occupier of such liccna:. premises shall display • (a) on the outside of the premises the Fonn C of Schedule V with the particulars therein; and (b) inside the premises the Fonn D of Schedule V with the particulars therein. Publia111ion b)' 40. The Management Authority shall publish in the Gazette from time to time for public Manaaen,ent information - Authority. (1) a list of premises licensed as holding premises; (b) a list ofhokl.ing premises. the licences of which have been cancelled or varied. 29TH SEPTEMBER, 1999 THE OFFICIAL GAZETTE [LEGAL S UPPLEMENT] B 301 + Caoocllliion or 41. Where the owner or occupier of premises licensed under these regulations has been variation of convicted of any offence under these regulations, the Management Authority may cancel or vary licenae. the licence issued in respect of those premises. Notice of 42. Notice of cancellation or variation of a licence shall be sent to the owner or occupier of the aincellation or premises, and such cancellation or variation shall have effect on receipt of such notice by such variation. occupier or owner. >( Appeal against 43. Where the Management Authority refuses to grant a licence, an aggrieved applicant may decision of appeal to the Environmental Appeals Tribunal within twenty-eight days of the receipt of the Managr- Alllilonty. notice. PARTVlll REQUIREMENTS FOR PREMISES LICENSED AS HOLDING PREMISES 14'. Lli;,enc,ed 44. Premises licensed as holding premises shall be operated in accordance with the requirements premises. contained in regulations 45 to 51 (inclusive) Operating 45. Holding premises shall be operated as follows - requirements. (a) holding premises shall not be sited, as far as practicable, from one mile radius of an active poultry farm or located in a city, town, residential or built-up area ; (b) an adequate supply of water shall be readily available on the premises for drinking and washing purposes at all times; (c) efficient waterers and feeders shall be available for the management of animals; (d) domestic animals except guard dogs, shall not be kept at holding premises; (e) specimen for export shall be separated from other wild specimen including rats and all contact with these shall be avoided; (f) animals shall be housed separately and kept in a controlled manner which shall facilitate the observation. inspection and preparation of the animals for export; (g) venomous reptiles shall be kept separately in a securely locked room labelled "POISONOUS REPTILE -DO NOT ENTER"; (h) cages shall be arranged such as to allow for adequate sanitation and ventilation and separated between rows by a minimum space of one foot with a minimum of three feet walkway between them; (i) the keeping of large and extra large cages sbaJI be discouraged; 25 302 THE OFFICIAL GAZETTE (LEGAL SUPPLEMENT) B 29TH SEPTEMBER, 1999 + (j) adequately trained staff. sufficient in number for the discharge of the operation shaU at all times be available at the holding premises: (kl premises shall be maintained and kept in a clean and orderly manner at all times; (I) floors. walls cages with solid floors and side walls in which reptiles and mammals are kept, shall be washed and disinfected at lea:,"t twice weekly; (ml dead animaJs shall be incinerated on the premises or transported in S:ealed containers to the principal incinerator for incineration; (n) dead animals shall be disposed of on a daily basis. Operable 46. Operable incinerators made of materials such as clay, brick or steel for the disposal of dead ir>eincrutors. animals including birds shall be kept on holding premises. Feeding 4 7. ( 1) Animals shall be provided with a dietary protein source and vitamins in their diets. requirements. (2) Animals shall be provided with an adequate supply of fresh food and water.. (3) Feeding and watering utensils shall be thoroughly cleansed ano disinfected at the beginning of each day· s operation. (4) Unuscd food shall be properly disposed of so as not to pose a health and sanitation risk to the environment. Vc1crinary and 48. ( I) Mammals and birds shall be dewormed on entry into the holding premises and quarantine deworming shall be repeated within two weeks. requirements. (2) Approved oral antibiotics and vitamin supplements snail he administered as preventative doses for the first two weeks of the quarantine period. (3) Sick animals including birds shall be kept in a separate building for the care of sick animals and birds. (4) Dead animals including birds which have died under unusual circumstances while under quarantine or on an exporter's holding quarantine premises shall be taken to the Veterinary Diagnostic Laboratory of the Ministry of Agriculture for necropsy and microbes tests. (5) The quarantine period shall be as follows - (a) birds - four weeks; ( b) mammals - four weeks: and (c) reptiles - two weeks. llcalth 49. (I) A person shall not. except with a Health Certificate issued by the Veterinary Officer. ~ Ct:niticat~. export any animal including a bird. 26 • 29TH SEPTEMBER. I 999 THE OFFICIAL GAZETTE (LEGAL SumEMENT] B 303 (2) An applicant shall present his Wildlife Register at the time of making the application. Licensed 50. Premises licensed as holding premises shall be constructed in accordance with the premises. requirements of regulation 51. Construction 51. Premises shall be constructed as follows - of premises. (a) the site shall not be constructed as to cause or allow the entry to run-off of liquid effluent into adjoining or adjacent property; (b) facilities for run-off from the premises shall be constructed so as to avoid contamination of public waterways; (c) buildings shall be of sound materials and shall be constructed in such a way to minimise contamination of adjacent premises; (d) the roofing and sloping around the building shall extend five feet from the base of the walls so as to protect the animals from heavy winds and rains; (e) the roofing shall be of the overlapping desi,gn, with a meshed opening of at least one and a half to two feet width to allow the free flow of bot air out of the building; (f) the middle in centre of the building shall be a minimum of twelve feet in height; (g) main compartment and exit doors shall be provided with meshed doors which shall be spring loaded in order that they can be kept closed. at all times; (h) buildings or portions of buildings in which animals are kept shall be mosquito proof; (i) darkened or nightlight enclosures shall be constructed for nocturnal animaJs; G) floors shall be made of concrete or .eramic tiles so as to be capable of easy cleaning and disinfecting; (k) floors shall be constructed in such a way as to provide rapid drainage and drying; (I) a separate building shall be constructed for the care and isolation of sick animals. PARTIX CAGES Cage 52. ( 1) Subject to paragraphs (2) and (3) cages for t.he keeping of animals shall be constructed speatica1ions. according to the following specifications - 27 304 THE OFFICIAL GAZETTE (LEGAL SUPPLEMENT] B 29TH SEPTEMBER. 1999 • (a) materials used for the construction of cages, waterers, feeders. perches and exercise bars shall be of such a type so as not to pose a health ha:z.ard to the animals and shall be either of meta~ plastic, welded mesh. expanded metal. steel rod or a combination of any of these materials; (b) the size of the cage shall be capable of accommodating not more than ten non-human primates and to pennit the animals therein to move about 1.omfonably; (c) cages shall be so constructed so as to facilitate easy handling by keepers and • cleaning; (d) perches shall, when within a cage, be so placed so as to allow droppings of one animal to be deposited on another within the cage; (e) perches shall placed at least one foot above the cage floor and be so arranged so as to prevent damage to plumage; (f) wooden perches shall be replaced after each quarantine period. (2) Tne specifications in respect of cages for the keeping of cenain specimen of birds are- (a) Parakeets and Small Macaws Minimum cage size L-2 feet; W-2feet; H-2feet Maximum capacity Ten birds Perches Placed nine inches above cage floor (b) Parrotlets Minimum cage si.7,e L-1.5 feet; W- 1.5 feet; H-1.5 feet Maximum Capacity - Ten birds Perches Placed seven inches above cage floor (c) Toucan Minimum cage size L-2 feet; W- 2 feet; H -2 feet Maximum capacity Two birds Perches Placed one foot above cage floor (d) Powis, Marudis, Trumpeters Minimum cage size L - 5 feet; W - 5 feet; H -5 feet Maximum capacity Five birds Perches One per bird arranged at varying levels. (c) Macaws 18 • 29TH SEPTEMBER, 1999 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] B 305 Minimum cage size L - 3 feet; W - 3 feet; H - 3 feet Maximum capacity Five birds Perches Placed one foot above cage floor (f) Parrots and medim-sized Macaws Minimum cage size L - 3 feet; W - 3 feet; H - 3 feet (3) Cages for the keeping of caiman, turtJe and tonoise shall - (i) contain a body of water which shall comprise a minimum of one third of the floor space and be constructed in such a way as to facilitate easy cleaning and drainage; (ii) provide adequate floor space for and equal to the square of the lengtli of each such animal. (4) Cages for the keeping of snakes shall - (i) contain a maximum of five specimen; (ii) be no less than twice the combined width of all the snakes in the said cage. and (iii) contain a minimum of one per~h for each snake. PART X OFFENCES AND PENALTIES Cootraventiou 53. A person who commits an offence under these regulations., except those offences referred to of rqulationa. in regulations 54 and 58 (inclusive) shall be liable to summary conviction to a fine of twenty-five thousand dollars and imprisonment for one month. Fal,c or 54. Every person who - mist-sing stalanellts. . (a) for the purposes of obtaining, whether for himself or for any other person, the i~e. grant or renewal of any permit or certificate issued under these regulations, makes any declaration or statement which is false or misleading in any material panicular; (b) furnishes to keep any other person performing any duty under these regulations, a document that to the knowledge of the first-mentioned person contains information which is false or misleading in any material panicular; (c) knowingly utters. produces, or makes use of any such declaration or statement or any document containing any false declaration or statement: (dl tampers with or amends any information contained in a permit or cenificate, 29 306 THE OFFICIAL <.,AZETTE [LEGAL StMLEMENT) 8 29TH SEPTEMBER, 1999 commns an offence and shall be hable to a fine of one hundred thousand dollars. llnl~wful 55. Every person who • (a) imports or illc:gally brings into Guyana or exports therefrom any specimen contrary to the provisions ofthe:;e regulations; (bJ deals in any specimen by way of a transaction of any description whatsoever contrary to the provision,; of these regulations, convnits an offence and shall be liable to a fine of two hundred thousand dollars and imprisonment for one year. t:nlawful S6. {I) Every person who is in unlawful possession ot: or has unlawfully under his control. or, possession. offers or exposes for sale or displays to the public any specimen to which these regulations relate. shall be bablc to a fine of not more than ten thousand dollars and imprisonment for six months. (2) It ~hJU be II d~fcnce for an)' person charged under paragraph (I) to prove at the time that ,a) when the spedmen came into his possession he made such enqulfles, as in the circumst~ of the case were reasonable. to ascertain whether the specimen was a specimen to which these regulations applies; and (bl when the 111leged offence was committed he had no reason to believe that the specimen was a specimen to which these regulations apply. Thr~licning. 57. Any person who threatens. assaults or obstructs an authorised person acting in the execution etc. •uthoriscd of his duties under these regulations shall be guilty of an offence and shall be liable to a fine of ~- fifty thousand dollars. I ailurc to keep 58. Every pt.TSOn who fails to keep a Wildlife Register for the purposes of specimem specified in !"il~lilc Schc:dule I. 11. Ill or IV commits an offence and shall be liable on summary conviction to a fine "Cl!l~lrr. ofnot less than fiRy thousand dollars.. PART XJ ENFORCEMENT L~•bilih of 59. \\ berc an offence against these regulations is committed by a body corporate. every director, l·•:od) ~1c-. manager. secretary or other otficer concerned in the management of that body corporate shall. 1.1.ithout prejudice to the liability of the body corporate, be deemed to have committed the olfence unlt"!>S at th.: trial it is proved• " 30 19TH SEPTEMBER, 1999 THE OFFICIAL GAZElTE [LEG,\L SUPPLEMENT] B 307 (a) that the offence was committed without the knowledge, consent or connivance of that officer; or (b) that the officer exercised all due diligence to prevem the commission thereof as oaght to have been exercised having regard to the nature of his functions in the body corporate and the circumstances of the case. l'OSSC$Sion of 60. (I) No person shall, subject to any other law, possess any animal or plant specified in animal or plant. Schedule I, 11, III or lV imported into Guyana or exported or re-exported from Guyana c-0ntrary to the provisions of these regulations. (2) The person referred to in paragraph (I), is exempted from the operation of psragraph (l) where the person who possesses it establishes a reasonable probability that it or, in the case of a specimen, the animal or plant from which it come - (a) was taken from its habitat prior to the commencement of these regulations; (b) was legally imported into Guyana; (c) the distribution of it or the offering to distribute it would be in accordance with any othe( applicable laws that relate to the conservation and protection of the animal or plant; (d) the animal or plant was acquired prior to the commencement of these regulations; (e) the animal or plant was bred .in captivity or artificially propagated, or was part of or derived therefrom; or (t) the animal or plant is an herbarium specimen, other preserved, dried or embedded museum specimen or live plant material to be imported.. exported or re-exported as a non-oommerciaJ loan, donation or exchange between scientists or scientific institutions. Entry of 61. (I) An authorised person may, for the purpose of the execution of these regulations, enter at authorised person. any reasonable time the premises of any person trading in or suspected of trading in any specimen to whi.ch these regulations apply and inspect any book, document, permit, certificate or record or things relating thereto and while entering the premises truce with him - (i) any person duly authorised by the Management Authority: and (ii) any equipment or materials required for any purpose for which the power of entry is being exercised. Forfeiture 62. (I) Every specimen in respect of which there is a conviction for an offence against these to State. regulations shall be forfeited to the State. 31 )08 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT) B 29TH SEPTEMBER. 1999 • (2) Where any specimen is forfeited Wlder paragraph (I) the Court may. on the advice of the Scientific Authority, order that the specimen be - (1) returned to the wild; (b) stored or kept in. placed Wlder the control or management of, or donated to an approved zoological organisation; or (c) returned to its owner or country of origin, as the Cowt thinks just. PA.RT XII • GENERAL PROVISIONS S.vinp of 63. (I) TllC3e regulations shall be read and construed as being in addition to. and not in laws. derogation of any provisions of - Cap.12:01 (a) the Custom., Act; Cap. 71:07 (b) the Wild Birds Protection Act; Cap. 61:0J (c) the Plant Protection Act; or Cap. 47:01 (d) uie Post and Telegraph Act; or (e) any other law. (2) A person who is the holder of a pcnnit or cenificate to export, re-export or to import an animal or plant is not, by reason only of being the holder of the pennit or cenificate, exempt • from compliance with any law referred to in paragraph (I) that applies in relation to that animal or plant. (J) These regulations shall not be construed as authorising or pennitting the doing of any act in contravention of any law relating to quarantine. E.1uzp1ion.s. 64. (1) For the purposes of these regulations. where a specimen is brought into Guyana- (11) for the purposes of transshipment to another State; or (b) as part of an aircraft's stores or ship's stores. that specimen shall not be taken to have been imponed into Guyana, and when it leaves Guyana. shall not be taken to be exponed from Guyana. (2) For the purposes of these regulations, where a prescribed class of scientific organisation i sends a specimen or brings a specin.en into Guyana for the purpose of using such specimen in a diagnostic test that is to be carr-ed out in an endeavour to identify a disease of humans. 32 29TH SEPTEMBER, 1999 THE OFFICIAL GAZETTE [LEGAL S u rrU, MENT] B 309 animals or plants, that specimen shall not be taken to have been exported or imponed. as the case may be. (3) For the purposes of these regulations, where • l•) a prescribed class of scientific organisation is satisfied that, in order to meet an emergency involving danger to the life or health of a human or animal, it is necessary or desirable that a specimen which could be used in treating that person or animal should be sent out of or brought into Guyana; (b) that specimen is sent out of or brought into Guyana to meet that emergency. that specimen shall be taken not to have been exported or imponed, as the case may be. (4) For the purposes of these reguJations, where, in accordance with any law relating to qlW81ltine, a person. exercising powers under that Act or law, brings into Guyana a specimen that is subject to quarantine, that specimen shall not be taken to have been imported unless and witil it is released from quarantine. Amcodmcnt 65. ( 1) The Minister may, by order, amend Schedule I, II, Ill or IV. of Schedules. (2) Where Schedule [, JI, Ill or IV is amended under paragnph (1 ), the Management Authority shall cause a copy of that ScheduJe as amended to be published in a daily newspaper in Guyana. Approved 66. ( l) Subject to paragraph (2), the Management Authority may, on the application of an institutions. organisation., being an organisation that is engaged in activities relating to live animals or live plants in Guyana or any other State, by order, declare that organisation to be an approved institution in relation to a panicular specimen or class of specimeo specified in the order. (2) The Management Authority shall not declare an organisation to be an approved institution in relation to a panicular specimen or class of specimen unless it is satisfied that the organisation is suitably equipped to and will • <•) maoage, confine, care for, and where appropriate, house the live specimens; (b) maintain adequate record,s relating to the matters referred to in paragraph (a), and to the breeding. monality and disposal of such animals or plants; and (c:) produce those records when required to do so by the Management Authority. Scientific 67. (l) Subject to paragraph (2), the Minister may, on the application ofa scientific organisation orpniwiom. in Guyana or in any other country, declare that scientific organisation to be an approved wological organisation for the purposes of these regulations. 33 310 THE OFFICIAL GAZETTE (LEGAL SUPPLEMENT] B 29TH SEPTEMBER, 1999 • 1 (2) The Management Authority shall declare a zoological organisation to be an approved zoological organisation where it is satisfied that - (a) the zoological organisation is owned by the Government or an organisation of any other State; (b) the roological organisation is administered by the Government in another State; (c) a zoological society owns the zoological organisation. administers it or controls its administration; (d) the breeding or public exhibition of specimen is the main function of the zoological organisation. (e) the zoological organisation is a non-profit-making and primarily non~mmercial organisation. .,. (3) The following c~ of scientific organisation is declared to be a prescribed c~ of scientific organisation. that is to say, scientific organisations that - <•> have the research or investigation into or involving specimens as one of their primary function; (b) are non-profit making and non-commercial; (c) are, where situated in Guyana, engaged in commercial transactions in specimens only where those specimen are, or are derived from animals and plants that are - .. (i) bred in captivity or anificially propagated; (ii) native Guyanese animals or native Guyanese plants; (iii) specimens that have been taken in accordance ~ith an approved management programme; (d) are, where situated outside Guyana, do not engage in commercial transaction - (il in specimens that are, or derived from, native Guyanese animals or native • Guyanese plants; or (ii) in specimens specified in column II of Schedule I unless they have been or are derived from animals or plants that have been bred in captivity or artificially propagated and are not native Guyanese animals or native Guyanese plants; (e) use specimens. the expon or impon of which is regulated by these regulations, for no purpose other than undenaking research or investigation or carrying out public education: 34 ........ 29TH SEPTEMBER, I 999 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] B 311 (f) possess resources and qualifications that enable the undertaking of research or investigation; (g) publish or otherwise make available to the Management Authority and the public or the government of the country in which they are situated the results of their research or investigation into or involving species; and (h) import or export specimen that have been, taken in the wild. only if such specimen have been bred in captivity or artificially propagated and cannot be used for the purpose of research or investigation, or public education programme for which that specimen is required. ~~caJ 68. For the purposes of these regulations, the export or the import ofan animal specimen shall be orpniwion taken to be an inter-zoological organisation transfer if, and only if - transfer. (a) the exporter or the sender, as the case may be, is an approved .zoological organisation in relation to a class of specimens which includes that specimen; (b) in the case of a specimen that is a live anima~ the animal is not required by the exporter or the sender, as the case may be, for the purposes of breeding or exhibition; (c) in the case of a specimen other than a specimen that is, or is derived from, a live animal, a live animal that was bred in captivity, that specimen was not purchased. or otherwise obtained for the purposes of trade; and (d) the recipient is an approved zoological organisation in relation to a class of specimen that includes that specimen. Markin~. 69. The Management Authority may cause any specimen which is being imported or exported to be marked with an indelible imprint, seal, non-reusable tag, microchip, ring or other suitable means so as to prevent the imitation thereof by any person not authorised to import or export such specimen. Expon of 70. The. import., export or re-export of a live native Guyanese animal from Guyana is an export hoosehold of a household pet in accordance with this regulation if - pet. (a) the animal is of a species specified in Schedule I, II, III or IV; (b) the exporter has owned and kept the animal as a household pet for not less than three years immediately preceding the export; (c) the exporter has bet!n ordinarily resident in Guyana for no less than five years immediately preceding the export; 312 THE OFFICIAL GAZETTE [LEGAL SuPPLl:MENT] B 29TH SEPTEMBER. 1999 f) (d) the exporter is leaving Guyana with the intention of taking up permanent residence in another State; and (e) it is not proposed to export more than one other animal of that species that bas been kept as a household pet by the exporter or member of the exporter's household. ~~\::!': 71. Where in relation to any specimen that is to be exported or re-exported - (a) the Management authority is satisfied that the specimen was acquired before the application of these regulations to that specimen; and (b) the Management authority grants a certificate, that is to say, a pre-regulation certificate. to that effect. the provisions in respect of Schedule I. 11, 111 or IV shall not apply to that specimen. Comptroller 72. The ComptroUer of Customs, in consultation with the Management authority, shall monitor orCustoms the use of any import, export or re-export pennit granted by the Management authority in respect to monitor. of a specimen specified in Schedule I. 11, Ill or IV or the actual import, export or re-export of such specimen. " 36 29TH SEPTEMBER, 1999 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] B 313 Schedule I (regs. 5,6,7,8, 11, 18,26,58,60,65,67,70, 71 and 72) Column I Column II Column Ill F .AUN A CHORDATA MAMMALIA MONOTREMATA Tachyglossidae Zag/ossus spp. DASYUROMORPHIA Dasyuridae Sminthopsis longicaudata Sminthopsis psammopt,ila Thylacinidae Thylacinus cynocephalus p.e. PERAMELEMORPHIA Peramelidae Chaeropus ecaudatus p.e. Macrotis lsgolis Macrotis /eucura Perameles bougSinville DIPROTODONTIA Phalangeridae Phalanger orients/is Spilocuscus maculatus =301 Vombatidae Lasiorhinus krafflii Macropodidae Dendrolagus inustus Dendrolagus ursinus Lagorchestes hirsutus Lagostrophus fasciatus Onychogalea fraenata Onychogalea lunata Potoroidae Bettongia spp. GaloPrymnus campestris p.e. CHIROPTERA Pleropodidae Acerodonspp. • Acerodon jubatus Acerodon lucffer p.e. Pferopus spp. • Pferopus insularis Pferopus mariannus Pferopus molossinus 37 314 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT) B 29TH SEPTEMBER. 1999 Schedule I Column I Column II Column Ill Ptvropus pllaeocephalus Ptvropus pilosus Pteropus samoensis Pteropus tonganus PRIMATES PRIMATES spp. • =302 Lemuridae Lemuridae spp. Megaladapidae Megaladapidaespp. =303 Cheirogaleidae cneirogaleidae spp lnclridae lndridae spp. Daubeotoniidae Daubentonia madagascariensis Callithricidae Callimico goeldil Ca/Hthrix aurita =30-4 Ca/lithrix naviceps =30-4 Leonrop,Yhecusspp. =305 SS(1Ui,lus bicolor Saguinus geoll'toyi =306 Saguinus leucopus SagrJinus oedipus Cebidae AJoUBtte ooibensls =307 Aloualta palliata AJouatta pigra =308 Ateles geoll'toyl frontatus Ateles georrroyi panamensis Brachyte/es arachnoides Cac&jao spp. Chiropotes 8/binasus Lagothrix navicauda Saimsri oerstfldii Cercopithecldae Ceroocebus galeritus ga/efitus Ce,copithecus diana =309 Macaca silenus Manaillus leucophaeus =310 Mandri#us sphinx =310 Nasalis concolOr =311 Nasalis larvatus Presbytis potenziani Procolobus pennantii kirl<ii =312 Procolobus rutomltratus =313 Pypetm//. spp :31,4 Semnopith8cus entellus =315 Trachypithecusgeei=316 .. Trachypithecus pileatus =317 Hytobalidae Hylobalidae spp. 38 29TH SEPTEMBER. 199Q THE OFFICIAL GAZE1TE (LFGAI Sul'l'l.EMENT] B 315 Schedule I Column I Column II Column Ill Homlnidae Gorilla gorilla Panspp. Pongo pygrnaeus XENARTHRA Myrmecophagldae Myrmecophaga tridaety/8 Bradypodid1e Bradypus variegatus =318 D1sypooidee Chaetophr&ctus nationi "601 Priodontes msximus =319 PHOLIDOTA M1nidae Ma111sspp LAGOMORPHA Leporidae Caprol8gus hispidus Romerolagus diazi RODE.NTIA Scluridae Cynomys mex/canus Ratufs spp. Muridae Leporillus conditor Pseudomys praecon,s Xeromys myoides Zyzomys pedunculatus Chinctiillid1e Chindlilla spp. "602 CETACEA CETACEA spp. • Platanistldae Lipotes vexillifer Platanista spp Zlpt,lldae Berardius spp. Hyperoodon spp. Physeteridae Physeter catodon •320 Oelpt,lnidae Sotalia spp Sousa spp. Phocoenidae Neopnocaena phocaellOldes Phocoena sinus Eschnchtndae Eschnchtws robustus =321 39 ,. 316 THE OFFICIAL GAZETTE {LEGAL SUPPI.EMOIT) B 29TH SEPTEMBER. 1999 Schedule I Column I Column II Column Ill Balaenopteridae Balaenoptera acutorostrata - -101 BttlHnoptera borealis Ba/1Jenoptflf8 edeni Btt/aenoptera musculus Balaenoptera physslus Megaptera novaeangliae Balaemdae &J/aena myst,cetus Eubalaena spp =322 Neobalaenldae CaptK98 f1W91(181'a CARNIVORA Canidae Cants lupus - +201 c.nis lupu& • -102 c«docyon tttous •323 Ctirysocyon braehyurus Cuon IJlptnUS PselJdalopex culpeeus :s323 Pseudalopex ~seus =324 Pseudaiopex gymnocercus •323 S{»Othos venat,cus Vu/pes cane Vulpes zerda =32S Ursidae Ursidae spp • AillJl'OP(>da me/anoleuca Aflurus fulgens Hetrctos ma/ayanus Mel1¥Sus ursinus Tremarotos omatus Ursus erctos - +202 Ursus arctos lsabellinus lxsus ttwoetanus =326 Mustelldae Luttinae Lutnnae spp • Aonyx Ol>f9CUS - +203 =327 EnhyO'a lutris nen,,s Lontr& feline =328 Lontra lonfl/CIJIJdiS =329 Lontra prollOC8/C =328 Lutra tutra Pleromrs bf8siliensis Mephitinae C-Onepatus humboldt1i Mustelinae Mu$1ela rng,pes v,vemdae Cryptoproc;ta ferox Cynogele bennettll Eupleres goudotii •330 Fossa fossana Hermgalus dett)ylJflus 40 29TH SEPTEMBER, I 999 THE OFFICIAL GAZETrE [LEGAL SUPPLEMENT] 8 317 Schedule I Column I Column u Column m Prlonodon lmang Prionodonpardicolot" Hyaenidae PIJflJhyaena bn.lnnea =331 Felidae Felidae spp. • "602 Aanonyx jubatus "603 Carace/ carectJI - +204 =332 catopuma ""1lmincl<il =333 Ffllis nifTipe.s Felidae (cont.) Herpe/lflus yaguarondi- +205 =333 Leoperdus perclllis •333 Leoperdus tigtnus =333 Leop,WUS wiedii =333 Lynx pwdinus =33-4 Neofelisnebulosa Oncnfs geoWroyi :::333 OtNlclllSjecobita=333 p.,.,,,,.,.. leo persica Panthera onca Panthera perdus Pantflera tigris PardofeHs marmorata =333 Prionall11Us bengalensis bef'I08Jensis .. +206 •333 PriorlllillllJS planlceps z: 333 Pnonailurus rubiginosus" +201 •333 Puma concolor coryi =333 Puma concolor costaricensis •333 Puma concolor couguar =333 Uncle unci8 =335 Otariidae Atctocephalus spp. • Arctocep/laJus town/SftfQ Phocldae Mirounge leonina ltlorNtctlus spp. PROBOSCIOEA Elephantidae . Elep/Hls maximus L.oxodonts alricsna - -103 L.oxodonta sfricsna • +208 "604 SIRENIA Dugongldae Dugong ougon " -104 Dugong dugon * + 209 Trichechidae Trichechus inunguis Trichechus manatus Tnchectws senegalensis PERISSOOACTYlA 41 318 THE OFflCIAL GAZETTE (LEGAL SUPPLEMENT) B 29TH SEPTEMBER. 1999 Schedule I ColWM I Colwnn II Column Ill Equldae Equus alricenus •336 Equus~vyi Equus hflrnlonus • Equus hflrrQJus tlemb>us Equuc lciltng =337 Equus orlllgfK • =337 Equus onege,- lchu- •337 Equus prze'Wfllsl<ii =336 Equus zebra hartmanns,e Equus zebra " ' " Tapiridae Tapiridae spp. - Rhinocerotidae Rhinocerotidae spp. - e«atotherlu,n S#'1l00l SlmOOl • +210 "60S ... ARTIOOACTYL.A Suldae Babyrouss babyrusss Sus slllvan,us Tayassuidae Tayassuidae spp. • -105 Catagonus w ~ Hippo!X)tamidae Hexeprotoclon libenensis • 339 Hippopotamus ampllibius Camelidae Lama guanicoe V-icugna lricugna .. -106 V°ICtq)B lllicugne • +211 "606 Moschidae Moschus spp. - +212 Moschus spp • -107 Cervidae Axis calamlanensfs =340 Axis kuhlii =341 Axis p()reinus annamlicus =342 Blastocerus dicholomus Cervus duvsucelii Cervus elaphus bactrianus Cervus elspllus hanglu Cervuseldi, Dama mesopotam;c;a =34 3 H,ppocamelus spp. Megamuntiacus vuquang,ensis Munliacus crinifrons Ozotoceros bezoarticus Pudu mephistoph,les Pudupuda Anlllocapridae Antilocsprs americans +213 42 ,, 29TH SEPTEMBER, 1999 TIIE OfFICIAL GAZETTE [LEGAL SUPPLEMENT] B 319 Schedule I Column I Column II Column III Bovldae Addax nasomaculatus Ammotrltgus lervia Bison bison alhabascae Bos QBIIIJS =344 Bos mutus •345 "602 Bos sauveli =346 Buba/us depn,ssicomis =347 Bubalus mindorensis =34 7 Bubalus quarlesi =347 Capra falcon«'i Cephalophus dorsalis Cephalophus jentinl<i Cepha/ophus monticofa Bovidae (cont.) Cephafophus ogilbyi Cephafophus sifvicultor Cephalophus zebra Damaliscus pygargus pygargus =348 Gazella dams Hippotragus .niger variani Kobus leche Naemort>edus baileyi =349 Naemorttedus caudatus =349 Naemorlledus goraf Naemoffledus sumatraensis =350 Oryx dammah :a351 Oryx feucoryx Ovisammon • Ovfs ammon hodgsonii Ovfs ammon nqimont8fl8 Ollis canadef'lsis +213 Ollis orientafis ophion =352 Ovis vignei vignel =353 Pantholops hodgsonii Pseudoryx nghetinhensis Rupicapra pyrenaica omata =354 Saigatat8fica 43 320 THE OFFICIAL GAZETTE [LEGAL SUPPLEMEl'IT] B 29TH SEPTEMBER. 1999 Schedule I Column I Column II Column Ill AVES STRUTHIONIFORMES Struthlonidae Struthlo came/us +21, RHEIFORMES Rheidae Rhea pennata =355 TINAMIFORMES Tinamldae T,namus solltarius SPHENISCIFORMES Spheniscldae Spheniscus demersus Spheniscus hurnl)c)di PODICIPEDIFORMES Podicipedidae Podilymbus g,gas PROCELLARIIFORMES Diomedeidae Diomede& albatrus PELECANIFORMES Pelecanidae Pe/ecanus a1spus Sulidae Papasula abbotti =356 FregatlClae Ffflf}8la ancnws, CICONIIFORMES Balaemcipihdae Balaenlceps rex Ciconudae Ciconla boyc,ana =l57 CICOflia nifTB Jabiru mycteria Myctaria cinerea Threskiomrtllldae Eudocimus rub8r GefOIJhcus calvus Geronticvs eremita Nippon,a n,ppon Pfalalea leUCOIOdia Phoemcopteridae Pnoenicoptendae spp. 44 29TH SEPTEMBER. 1999 TIIE OFFICIAL GAZETfE [LEGAL SUPPLEMENT) B 321 Schedule I Column I ColWDDll Columnlll ANSERIFORMES Analldae Anes aucldandica z358 Anes bemieri Anas formosa Anes leysanens/S •359 Anas oostaleti =360 Branta canedensis leuoopareia Branht ruficollis Brant8 sancMcens/S Ca/rin8 scutulata Coscoroba ooscoroba C)'gnUS melanocorypha DendrocYfTIB~ OX)'ll'lt leucocephllJB Rhodonessa cwyop/lylacea p.e. Sarlcidiomis melanotos FALCONIFORMES FALCONIFORMES spp. • -108 Cathaftldae Gymnogyps calbnia,Jus Vu/111 '"1)hus Aquila adalbetti =361 Aquila heliectl Chondrohier8JC uncinlltus wilsoni •362 Haliaeetus 8lbicila HllliaHtus leueo<»phalus Harpia harpyja PittlecophagB jetreryi ~alconldae Falooanea Faloojugoer Falco newtoni - + 215 Fak:o pelegtnoldes • 363 Falco pet'efPWS Falco punctelus Falco rustioolus GALLIFORMES ~podiidae MacrocephaJon maleo Cracidae Crax blumenbachll Mlu mlu =364 Oreophasis derbianus Penelope albipennls PipiJe jllcutinga • 3658 Pipia pipile =365b Phaslanidae A/pus/anus arpus Catntus walichi Colinus vi'ginianus ridgwayi 45 322 THE OFFICIAL GAZETTE [LEOAL SUl'PLEMENT] B 2911{ SEPTEMBER, 1999 Schedule l ' Column I Column U Colwnnm Crossoptllon aos!IOf]tilon Crossopblon f1armeni =366 Pllaslanldae (cont.) Crossoptllon mantclluricum Gallus sonn«atil /thagln/s auentus Lophophorus /mpejanus Lophophorus lhuysil Lophophorus sclateri Lopfun edward!SI Lop/Jurs lmpenslls Loph,xaswinhoii Pavo mliicus Polypl«;tron blcalcanttum Polyplectro(Jemphanum Po/ypltldroll ge,man Po/ypltldroll ma/acen$e Polypl«;tron ~ s3d7 Rhelnafdla ocellat& =368 Synnat,cus e/1,oti Syrmst,cus num,,e Syrmat,cus m-ksdO Tetraogallus casp;us Tetr&ogallus tibetsnus Tragopan blytttii Trsgop8n caboh Trsgopan metanocephs/us Tympanuc#!us cup,do attwateri GRUIFORMES Gruldae Gruldae spp. • " Gnis amencana Grus canadens1s nes,otes Grus canadensis pu/18 Gros JBPO()fHlSIS Gius Jeucogeranus Grus mooacha Grus nif7jco1Ns Grusv,p,o Rallldae Ga//nllus sytvostns =369 Rhynochetldae Rhynochetos 1ubatus Oti<lidae Otidldae spp • Ardeotts nqiceps •37, CnlamydotIs undulata Eupodohs bengalens,s ::J71 CHARADRIIFORMES ScolopacKJae Numen,us boreat,s Numerous tenutrostris 46 29TH SEPTEMBER. 1999 l HE OFFICIAL GAZElTE [LEoAL Sum.EMEHT) B 323 Schedule I ColulM I Column ll Columnltl Tringa guttifer Laridae Larus relictus COLUMBIFORMES Cotumbidae Caloenasnlcobaric8 DuculB mindontnsis Gltltfoolumbe luzonica Goinspp PSfTTACIFORMES PSITTACIFORMES spp. • ·109 Psittacidae Amazon& arauslaca Amazon8 battNtdensis Amazone bras/liens/$ Amazona gulldlngll Amazona imper.alis Amazona leucocepha/a Amazona /Jl'MTfH AJ'IJ8ZOll8 rflodooo(ytha =372 Amaz0/l8 tucumana Amezona versicolor Amezona~B Amtizona viiidlgenalis Amazona vittBIB Anodomynct>us spp. Ara ambigua • Ara glBucogulBris •373 ArBmacao Ara meracane Ara millBris Ara rubro{1enys ArBtinga guarouba Cacatuago/ffni Cacatuahaematiropyg,B Cacatua moluccensis Cyanopsitla spixii Cyano,amphus auriceps forbe$/ Cyanorarnphus cool<ii =374 Cyanoramphus novaezelancf,ae Cyclopsitta dioplltha/ma coxenl • 375 Eos histrio Geopsittacus occidentalis p.e. •378 Neophema chrysogaster Ognomyncnus lctBrotis Pezoporus wal/icus Pionopsitta pi/eata ProboscigBf atemmus Pwplictus cllrySOptflrygius Psephotus dissimilis =377 I Psephotus pulcherrmus p.e. Psiltawla echO =378 47 324 THE OFFICIAL GAZETTE [LEGAL SuPPl.EMENTj B 29TH SEPTEMBER, 1999 •

Schedule I

Schedule I Column I Colwnn 11 Column Ill Pynt11ra cruentata Rhynchopsitta spp Strigops habroptilus Vini uttramanna CUCULIFORMES Musophagtdae Musophaga porphyreolopha .. 379 Tauracospp STRIGIFORMES STRIGIFORMES spp. • Tytonidae Tyto soumagJel Strigidae Amene 6/ewrtti Mim/ZUl<U gumey/ •380 Ninox novHseelandiae undutata =381 Ninox squamipi/a nat11/is APOOIFORME,S Trocn1hdae Troch1hdae spp • RamphOdOn dohm/I =382 TROOONIFORMES Trogonidae Pharomachrus mocinno CORACIIFORMES Bucerotidae AG'eros spp. • Aceros nipalens,s Aceros subrufico/1,s Anorm,nus spp =383 Antflracoceros spp. Buceros spp • Bucerosbicomis Buceros vig,I =364 Penefop,des spp .. PICIFORMES Rarnphastidae Pteroglossus aracan Pteroglossus vlfictis Ramphastos sulfuratus Ramphastos toco Ramphastos tucanus Ramphastos v,tel/inus Picidae Campephilus imperia/is Oryocopus 1avensIs rich8fds1 PASSERIFORMES \ ' 2911I SEPTEMBER. 1999 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT) B 341 Schedule 11 Casmerodius albcJS =488 Ghana Egettagerzetta Ghana Clconlidae Ephippiomynchus senegalensls Ghana Leptoptilos cromeniferus Ghana Threwomithidae Bostrycrna tl8gedash =489 Ghana Bost,yctlia rara =490 Ghana Thresldomis, aetfliopicus Ghana ANSERIFORMES Anatidae AJopochen aegyptiacus Ghana Al!BS 8Cllt8 Ghana Anes cepensis Ghana Anas ctypeata =491 Ghana Anasaecca Ghana Al!Bs penelope Ghana Anas querQUedula Ghana Aytflya nyroca =492 Ghana Canlamosdlata Honduras OMa'ocygna autumnalis Honduras Oend't>cygna bicolor=493 Ghana, Honduras Denaocygna vkluata Ghana Nettapus al.ritus Gtiana Plectropterus gambensis Ghana Pteronetta hBttJaubii =494 Ghana FALCONIFORMES Cathartldae Sarooramphus papa Honduras GALLIFORMES Craciclae Craxalberli Colombla/Colombie ClaK claubelW'oni Colombia/Colombie Crax globulosa Colombia/Colombie ClaK rubra Colombia/C<>lombie. Costa Rica. Guatemala, Honduras Orta.is vetula Guatemala, Honduras Pawd peuxi =495 Colombla/C<>lombie PenelOpe PflPU(8sceflS Honduras Penelopina nif,a Guatemala Phasianidae Agelastes melear,ides Ghana Ar,locharis ocellata Guatemala Aroorophi/a charltonii Malaysia/Malasia/Malaisie Arooropllila orients/is =496 Malaysla/Malasia/Malaisie Caioperdix oculea Malaysla/Malasia/Malalsie Loplwra erythropllthalma Malaysla/Malasla/Malaisle Lophura ignita Malaysla/Malasia/Malaisie Melanoperdix nga Malaysla/Malasia/Malalsle Polyplectron inopinatum Malaysla/Malasia/Malaisie Rhfzothera Jongirostris Malaysia/Malasia/Malaisle RoRulus rouloul MalayS1a/Malasia/Malaisie Tragopan satyra NepaVN~pal 65 r 342 l HF OFFICIAL GAZETTE [LEGAL SUPPLEMENT) B 29TH SEPTEMBER, 1999 Schedule II CHARADRIIFORMES Burtunldae Bum,nus bi:stnatus Guatemala COLUMBIFORMES Columbldae Columba gu,nea Ghana COlumlJft lrfdlton1ues ,..97 Ghana Co/umba /ivia Ghana COlumba mayeri =498 Mauritius/Mauricio/Maurice CoJumba un,c,ncta Ghana Oena capens1s Ghana Streptope/1a dectp,ens Ghana Streptope/,a roseognsea Ghana Streptopeha semitorquata Ghana Streptope/la senegalelWs Ghana Streptopel,a turtur Ghana Streptopella 11111acea Ghana Treron caiva =499 Ghana Treron waal,a Ghana Tut111 abyssfflicus Ghana Tun11 afer Ghana Turtur brehrmn =SOO Ghana Tunur tympan1stna =501 Ghana PSITTACIFORMES Psrttacldae Pstttacula lvamen Ghana CUCULIFORMES Musophagldae CoryttlatKJIB cristata Gl'lana • Crinifer plscator Ghana Musophage vlOlacea Ghana PICIFORMES • Capitonldae Semnorn,s ramphastnJs Colombia/Colombte Ramphast1dae Balllorous batllonl Argentina/Argentine Ptt,rog/ossus castanotis Argent,na/Argent,ne Ramphastos dlcolorus Argentina/Argentine Se/enrdera maculirostns Argentina/Argentine PASSERIFORMES Cottng1dae Cephalopterus omatus Colomb1a/Colomb1e Cepha/opterus pendul,ger Colombla/Colombie Muscicapldae Bebrorms rooencanus Mauntius/Mauncio/Maunce Terps1phone bourt>onnens,s =502 Maunttus/MaunetOIMaurice Fnngillidae . Sennus can,capiHus =503 Serinus leucopyg,us Ghana Ghana .. Ser,nus mo1amb,cus Ghana 66 29TH SEPTEMBER, 1999 THE OFFICIAL GAZETrE [LEGAL SUPPLEMENT] B 343 Schedule U Estrildidae Amadina fasciata Ghana Amandava subflava =504 Ghana Estrilda astrild Ghana Estrilda caerulescens Ghana Estrilda me/poda Ghana Estrilda troglodytes Ghana Lagonosticta rara Ghana Lagonosticta rubricata Ghana Lagonosticta rufopicta Ghana Estrildidae (cont.) Lagonosticta senege/a Ghana Lagonosticta lllfl8Cefl :c505 Ghana Lonctwra bicolor =508 Ghana Lonchura cantans =507 Ghana LonchlXB cucullata =506 Ghana Lonchura fringil/oides =506 Ghana Mandingoa nilidula =508 Ghana Nesocharis capistr8ta Ghana Nifpa bicolor Ghana Nig1ta canicapi/18 Ghana Nig'jta fusconc,ta Ghana Nig'jta luteifrons Ghana Ortypospiza atriool/is Ghana Parmoptlla rubrlfrons =509 Ghana Pholidomis rushiae Gnana Pyrenestes osirinus =510 Ghana Pytilia hypog-ammica Ghana Pytl/ia phoenicoptera Ghana Spemrophaga h°aematina Ghana Uraeginthus benga/us =511 Ghana Ploceidae Amblyospiza albifrons Ghana Anaplectes rubriceps •512 Ghana Anomalospaa imbert,is Ghana Buba/omis albirostris Ghana Euplectes afer Ghana Euplectes ardens =513 Ghana Euplftctes franciscanus =514 Ghana Euplectes hordeaceus Ghana Euplectes macro1111s •515 Ghana Malimbus cassini Ghana Malimbus malimbicus Ghana Malimbus nitens Ghana Ma/imbus rubricollis Ghana MaHmbus scutatus Ghana Pacnypt,antes supercl/iosus =516 Ghana Passer r,iseus Ghana Petronia dentata Ghana P/ocepesser superc;i/iosus Ghana P/oceus albinucha Gllana P/oceus aurantius Gllana Ploceus cucullatus =517 Ghana P/oceus heuglini Ghana Ploceus /uteolus =518 Ghana P/oceus melanocept,afus =519 Ghana P/oceus nige,rimus Ghana 67 344 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] B 29TH SEPTEMBER. 1999-

Schedule 11

Schedule 11 Plooeus nigicollis Ghana P/oceus pe/zelnl Ghana Plooeus preussi Ghana Ptoceus tricolor Ghana Ploceus vitellinus =S20 Ghana Que/ea erythrops Ghana Sporopipes frontalis Ghana Vidua cha/ybeata =S21 Ghana Vidua interjecta Ghana Vidua larvatlcola Ghana V-ldua macroura Ghana V-ldua onentatis =S22 Ghana V'ldua raricola Ghana V'idua togoensis Ghana Vidua wilson, Ghana REPTILIA TESTUDINATA f' Trionychidae Trionyx triunguis Ghana Pelomedusidae Pe/omedusa subrufa Ghana Pelusios adansonii Ghana Pelusios castaneus Ghana Pe/usios gebonensis =523 Ghana Pe/usios niger Ghana SERPENTES Colubtidae Atretium schistosum lndia/lnde Cerberus rhyncflops lndia/lnde Xenochrophis piscator =S24 India/lode Elapidae Miaurus diastema . Honduras Miaurus nig'oc1nctus Honduras Viperidae Agl(istrodon b1/meatus Honduras Bothrops asper Honduras Bothrops nasutus Honduras Bothrops numm,fer Honduras Bothrops oplvyomegas Honduras Bothrops schlegeli1 Honduras Crotalus durissus Honduras Vipera russe/lii lndia/lnde FLORA GNETACEAE Gnetum montanum #1 Nepal/Nepal MAGNOLIACEAE Magnolia lil1ifera var. obovata =52S #1 Nepal/Nepal MELIACEAE Swietema macrophylla ,s Bohv1a/Botiv1e +218, Braz1I/Brasll/Bres1I +219, Costa Rica +220. 68 • 29TH SEPTEMBER, 1999 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT) B 345

Schedule II

Schedule II Mexico/Mexico/Mexique + 221 PAPAVERACEAE Meconopsis regia #1 Nepal/lllepal PO0OCARPACEAE Podocarpus neriifolius #1 Nepal/lllepat TETRACEIIITRACEAE Tetracentron sinense #1 Nepal/lllepat 69 > 346 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] B 29TH SEPTEMBER, 1999 •

SCHEDULE Ill

NNAME • --~ Mammals • Giant Anteater Giant Armadillo/Yasi Jaguar/figer cat Oncilla Manatee *Tapir/Bush Cow Birds Harpy eagle *Sun Parakeet *Cock of the Rock •canJe Pheasant Reptill'S Marine Sea Tunics Fish *Arapa1ma • 29TH SEPTEMBER, 1999 SCHEDULE Ill (regs. 5,6,7,8, l 8,26,58,60,65,70, 71 and 72) Species threatened with extinction In Guyana ....,.,.,,~.,..\,.... ,,........ r--, • ~ ... •, • ' l ..~, ~•~ I :; _ .... _ _ _ . Myrmecophaga tridactyla Priodontes maximum Panthera onca Fe/is tigrina Trichechus manatus Tapiros terrestris Harpia harpyja Aratinga solstitiallis Rupico/a rupicola Opisthocomus hozain Arapaima gigas • 70 C THE OFFICIAL GAZETTE (LEGAL SUPPLEMENT] B 347

SCHEDULE IV

SCHEDULE IV (rcgs. 5,6,7,8,18,26,58,60,65,70,71 and 72} Species requiring protection in Guyana Mammals La.b ba Agoutipaca Tamandua Tamand"a tetradactyla *Water dog Pteronura brasiliensis *Haka tiger Felis yagouroundi *Ocelot Felis paradalis *Puma/Mountain Lion Fe/is concolor *Spider monkey Ateles paniscus *White faced saki Pirhecia pithecia Birds *Curry Curry Eudocimus ruber Jabiru/Wood Stork Jabiru mycteria •King vulture Sarcoramphus papa Humming bird All species Touit spp *White eyed Parrot Amazona farinosa Toco Toucan Ramphasstos toco *Tower Tower Oryzoborus angolensis O,yzoborus crassirostris 71 p 1111111" 348 THE OFFICIAL GAZETTE [LEGAL ~UPPLEME!IIT] B 29Tf1 .,tPTEMBER, 1999 Reptiles inland turtles Podocnemis uni.ft/is inland turtles Podocnemis expansa *Black Caiman Melanosuchus niger *DwarfCajman Paleosuchus palpebrosus Land Camudi Boa constrictor constrictor Ambpibians Poison Arrow frogs Dendrobates spp 72 • 29TH SEPTEMBER. I 999 THE OFFICIAL GAZETTE [La;AL Sul'Pt.F.Mf.NT) 8 349 SCHEOULEV (reg. 11) FORM A APPLICATION FOR PERMIT/CERTIFICATE TO TRADE, IMPORT, EXPORT, RE-EXPORT or INTRODUCE FROM THE SEA ANIMALS OR PLANTS LISTED IN SCHEDULE I, II. ffl, IV OR V 1. Name of Appllcant(s) ...................................................................... ( Surname lfrst, If• person) 2. Address of Applicant ... .................................................................,_ (Registered or princi,,., omc., If• body corporate) 3. Nationality of Applicant ................................................................... 4 . Species.scientific & Common name of the animal/ plant/laxa to be oovered 5. Number of anlmaVplant, quantity (kg.) ................................................ 6. Type of goods mark (if any) ............................................................. 7. Activity to be authorised ................................................................. ( trading, importing, exporting, nHlxporting, Introduction ~ the sea) 8. State whether living, dead or in the wild ............................................. 9. Deec:riplion of anlmaVplant .............................................................. (include size, sex (If known, type of good$ If• derfvstive) " 10. Description of method of transportation, type, size and construction of container used for transportation of live animaVplant, arrangemeola for watering, caring during transportation 11. In case of Import, name and Address of reciplenVexporter In foreign country 12. Name of country and place where anlmaVplanl is taken from the wild ,. 13. Statement of purposes and details of activities where Schedule I animal/P'.ant Is to be Imported........................................................... 73 )SO 1llE OFFICIAL GAZETTE [LEGAL SUPPl.EMENT) B 29TH SEPTEMBER, , 1999 13. Statement of purposes and details of ac1lvities where Schedule I animaVplant is to be lrnpo,ted. ······················•········--·----······--······--··-- 14'. Brief resume of technical expeniM of applicant etc. who will take care of Schedule I anlmaVplant 15. Name, address. description, where Schedule I anlmaVplant including diagrams, photographs of facility where maintained .............................. • • • • ■ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • , . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. 18. Oescription of mortalitiea in IHI two years before application or genus of similar animal or t'amlly where Smedule I plant/animal and steps to avoid such mortalltlee.............................. ............................................... . ····························"·················........................................................ 17. State documents, swam affidavits Of other evidence showing whether animaUpiant acquired before commencement of regulations, bred In captivity, artificially propagated or dertved therefrom, hemartum. dried specirnen etc., exported, re-exported as a non-commercial loan, donation exchange between aclentlsta, scientific in11itullona ............................. .. .....··················•········· ....................................................................... " •••••••••••••••••••••••••••••••••••••·••••••••·•••••••••••••••••••··••••••••••·•••• •••••••••••• ·••·••••• ·····················~•.•·············································································· 18. In case of impor\ particulars of documents from sending country. •............... ..... (valid expo,t ~ foteir,n·,..xpo,f ~ , ........... .. 19. In cue of exp0f1/re-.xport particulal'I of documents from receiving countr (wt,e,. llppllcatJon for e,cpo,t, ,..,q,o,1 penn/1) 20. I hereby declare that I shall comply with the law relating to trading, exportlng, re-exporting, impof'ling an(! introducing from the sea. of animal and plant specimen and articles and agree to give the Management AuthOrtty such Information as may be lawfully required by the Authority. Signature of Applicant .............................................. DIie...................... . 74 29TH SEPTEMBER. 1999 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] B 351 SCHEDULEV (reg. 35) FORMB FORM OF LICENCE ENVIRONMENTAL PROTECTION ACT, 1996 (No. 11 of 1996) A licence is hereby granted to .. ,........................................................................ To hold animals on premises situated at for a period of .............................................................................................................. .. ............. ... .......... ... ... ..... ................for the purposes of *trade, *Import, •export or •re-export Dated this .. {...................................... day of .................................................... 19 ........ ... ..........···' ...................................... ' Executive Director, Environmental Protection Agency • Cross out w~ich do/does not apply. 75 '• 352 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] B 29TH SEPTEMBER, 1999 •

SCHEDULE V (reg. 39) — (reg. 39)

SCHEDULE V (reg. 39) FORMC NOTICE TO BE DISPLAYEO OUTSIDE PREMISES FOR THE KEEPING OF ANIMALS 1. The notice shall be on wood or metal, of a size not less than eighteen (18) in width and twelve (1 2) inches in height, with words in black on a white bacl(ground, maintained in a legible state. 2. The notice shall be displayed at a height between five (5) and six (6) feet above the ftoor level on the entrance of the premises, easily visible from the approach to the entrance. 3. The wording on the notice shall be as folloWs: " ENVIRONMENTAL PROTECTION ACT, 1996" (No. 11 of 1996) "These premises are licensed for the holding of animals for the purposes of trade, import, export and re-export". Number................................... . 76 29TH SEPTEMBER, I 999 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] B 353 SCHEDULEV (reg. 39) FORMD ENVIRONMEN>TAL PROTECTION ACT, 1998 - LICENCE FOR HOLDING PREMISES \ These premises sltua e al ................................................................... and owned/leased~--······----··--·"·"·"·············--···"·""''""'''"'''''''''''''' are licensed as from ......................................................................... .. for a period of one year for the holding of animals for the purposes of •trade, •import, •export, •re- export as prescribed in ttie Protection of Particular Species of Flora and Fauna Regulations. 19..... Licence Number Executive Director, Environmental Protection Agency • Cross out which does not apply Made this 29111 day of September, 1999. amuel A.A. Hinds Prime Minister, Performing the functions Of the President. 17

Species Protection Regulations 1999 (No. 9 of 1999)

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