Wildlife and National Parks Act

L I B E R I A Wildlife and National Parks Act Contents Page Chapter I - PRELIMINARY 1. Title and Commencement 1 2. Amendments 1 3. Definitions 1 Chapter II - POLICIES AND OBJECTIVES 4. Policies and Objectives 2 Chapter III - ADMINISTRATION 5. Administrative Structure 3 6. Functions of the Authority in Respect of Wildlife and National Parks 3 Chapter IV - NATIONAL PARKS AND NATURE RESERVES 7. Surveys 4 8. Contents of Proposals 4 9. Authority to Transmit Proposal to President 4 10. President to Transmit Proposal to Legislature 4 11. Legislature to Enact Legislation Establishing National Parks and Nature Reserves 4 12. Modification of Boundaries or Abolishment 4 13. Compensation for Property Owners 4 14. Interim Protection 5 15. Demarcation of Boundaries 5 16. Buffer Zones 5 17. Management Plans 5 18. Entry into National Parks and Penalty for Illegal Entry 6 19. Refusal of Entry 6 20. Entry at Own Risk 6 21. Possession of Weapon and Penalty for Possession 6 22. No Hunting in National Parks or Nature Reserves and Penalty for Illegal Hunting 7 23. Prohibited Acts in National Parks and Nature Reserves 7 24. Construction in National Parks and Nature Reserves 8 25. Acts Prohibited without Written Permission 8 26. Power to Issue Regulations in National Parks and Nature Reserves 8 27. Publication of Educational Materials 8 28. Consultation with Local Residents 8 Chapter V - GAME RESERVES, CONTROLLED HUNTING AREAS AND OTHER PROTECTED AREAS 2 29. Establishment of Game Reserves and Controlled Hunting Areas 10 30. No Hunting in Game Reserves 10 31. Regulations in Controlled Hunting Areas 10 Chapter IV - CONTROLS ON HUNTING 32. Surveys, Research and Regulations 11 33. Advisory Committees 11 34. Hunting Licenses 11 35. Closes Seasons 11 36. No Hunting of Pregnant, Immature or Female Animals Accompanied by Young 11 37. No Night Hunting 11 38. Prohibited Hunting Methods 11 39. Defense of Persons and Property 12 40. Damage to Property by Wild Animals 12 41. Hunting by Officers of the Authority 13 42. Professional Hunter's Licence 13 43. Permits to Keep Live Wild Licence 13 44. Diseased Animals 13 Chapter VII - PROTECTED ANIMALS 45. Surveys 14 46. No Hunting of Protected Animals 14 47. Additions and Deletions to Schedule I 14 48. Hunting or Capture of Protected Animals for Scientific Purposes 14 49. No Possession of Protected Animal without Permit 15 Chapter VIII - INTERNATIONAL TRADE IN PROTECTED ANIMALS AND ENDANGERED SPECIES 50. Export of Protected Animals and Endangered Species 16 51. Issue of Export Permits 16 52. Import of Endangered Species 16 53. Household and Personal Goods 16 Chapter IX - ENFORCEMENT 54. Inspection and Arrest Powers 17 55. Power to Bear Arms 17 56. Arrested Persons Brought Before Court 17 57. General Penalty for Offenses Against this Act and Regulations 17 58. Repeat Offenders 18 59. Aiding and Abetting 18 60. Honorary Game Wardens 18 61. Offenses by Authority Officers 18 3 It is hereby enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled: Chapter I - PRELIMINARY Section 1. - Title and Commencement - This Act may be cited as the "Wildlife and National Parks Act of 1987" and shall come into force on the date of signature by the President of the Republic. Section 2. - Amendments - Section 4 (e) of the Act Creating the Forestry Development Authority of 1976 is amended by deleting the words commencing with "except that" and ending with "the President." Section 3. - Definitions - In this Act, unless the context otherwise requires, "Authority" means the Forestry Development Authority; "Authorized Officer" means an officer of the Authority designated as an enforcement officer by the Authority in writing, a police officer, an Honorary Game Warden or any other public officer designated as an authorized officer by regulation of the Authority; "Controlled Hunting Area" means an area declared as a Controlled Hunting Area by regulation of the Authority under section 29 of this Act; "Designated Area" means any Controlled Hunting Area or other area declared to be a designated area by the Authority under section 34 of this Act; "Game Reserve" means an area declared as a Game Reserve by regulation of the Authority under section 29 of this Act; "Hunt or Hunting" means to kill, capture, take, trap, injure, shoot at, lie in wait for, wilfully disturb or molest, and includes any attempt to do any of these things; "National Park" means an area established as a National Park under section 11 of this Act; "Nature Reserve" means an area established as a Nature Reserve under section 11 of this Act; "Professional Hunter" means a hunter licensed by the Authority to guide clients for hunting; "Protected Animal" means an animal listed in Schedule I appended to this Act; "Trade" means to sell, buy, barter, exchange, hawk, offer or expose for sale; "Wild animal" means any animal, vertebrate or invertebrate, including mammals, birds, reptiles, amphibia, and insects or every description, but does not include any fish or domestic animal; "Wildlife" means wild animals and their habitat including all fauna and flora, including fungi. Chapter II - POLICIES AND OBJECTIVES Section 4. - Policies and Objectives (1) The wildlife of Liberia are the property of the nation and as such are subject to control and management by the Government for the benefit of the people of Liberia and for the benefit of mankind. (2) The wildlife and natural areas of Liberia are an important wealth and heritage of the Republic. (3) It is the declared policy of the Republic of Liberia to: 4 (a) manage wildlife and natural areas for the benefit, utilization and enjoyment of all people in accordance with internationally accepted principles of ecologically based management; (b) conserve wildlife as a source of protein, revenue and employment; (c) protect, preserve and manage those animal and plant species threatened or endangered by extinction in Liberia; (d) preserve areas of outstanding scenic, natural, scientific, recreational and other value through the establishment of National Parks, Nature Reserves and other protected areas; (e) promote and provide education about wildlife and nature conservation. Chapter III - ADMINISTRATION Section 5. - Administrative Structure (1) The Authority shall be responsible for the management and administration of wildlife, National Parks, Nature Reserves and other protected areas and for the administration of this Act and any regulations issued under this Act. (2) All government ministries, agencies, corporations, subdivisions of local government and other bodies shall cooperate with the Authority in carrying out the objectives of this Act. Section 6. - Functions of the Authority in Respect of Wildlife and National Parks The functions of the Authority in respect of wildlife and national parks and other protected areas shall include: (a) the conservation, management and rational utilization of wildlife; (b) the control of hunting; (c) the control of trade in wildlife; (d) the establishment, management and administration of National Parks, Nature Reserves, Game Reserves, Controlled Hunting Areas and other protected areas; (e) the promotion of education and the distribution of information about wildlife and nature conservation in cooperation with the relevant government agencies; (f) the promotion, development and carrying out of research on the wildlife of Liberia, including surveys, with a view to promoting optimum utilization and management of wildlife; (g) cooperation with other agencies to promote and develop alternatives to wildlife as a source of protein and income for the rural population; (h) the promotion and development of recreation and tourism based on wildlife; 5 (i) the training of National Park and Nature Reserve officers, wildlife officers and other personnel; (j) the issuing of regulations on wildlife, National Parks, Nature Reserves and other protected areas; (k) the implementation of relevant international conventions and obligations; (l) the administration and enforcement of this Act and the attainment of its purposes. Chapter IV - NATIONAL PARKS AND NATURE RESERVES Section 7. - Surveys. - The Authority shall undertake surveys of areas of aesthetic, ecological or scientific interest and may propose that such areas be established as: (a) National Parks where they are of sufficient size to allow for the management of the area as an ecological unit taking into account natural movements, feeding habitats and habitat requirements of wildlife; (b) Nature Reserves where they are of insufficient size to be established as National Parks but where they possess natural features which require long-term protection. Section 8. - Contents of Proposals. - A proposal for the establishment of a National Park or Nature Reserve shall include: (a) a description of the proposed boundaries; (b) an assessment of the wildlife, natural, cultural and other resources; (c) an assessment of the existing state of human disturbance and resource utilization in the area; (d) a summary of any consultations held with relevant government agencies and a summary of the comments of persons affected by the proposed establishment. Section 9. - Authority to Transmit Proposal to President. - The Authority shall submit a proposal to establish a National Park or Nature Reserve to the President of the Republic for approval. Section 10. - President to Transmit Proposal to Legislature. - The President shall, where he approves of the proposal, deliver the proposal for the establishment of a National Park or Nature Reserve to the Legislature. Section 11. - Legislature to Enact Legislation Establishing National Parks and Nature Reserves. The Legislature may, upon consideration of the proposal for the establishment of a National Park or Nature Reserve, enact legislation establishing National Parks or Nature Reserves. Section 12. - Modification of Boundaries or Abolishment. (1) No National Park or Nature Reserve shall be abolished or alienate nor shall its boundaries be modified without first consulting the Authority. 6 (2) Any abolition or alienation of a National Park or Nature Reserve or modification of its boundaries shall be by enactment of the Legislature. Section 13. - Compensation for Property Owners. - After the establishment of a National Park or Nature Reserve under section 11, the Authority may by right of eminent domain take all private lands within the National Park or Nature Reserve and shall compensate all persons for any valid rights or claims, including customary rights, to land or other resources within the National Park or Nature Reserve and shall pay to those persons the value of those rights or claims or, in the case of resettlement, shall pay the costs of such resettlement. Any person aggrieved by the terms of settlement proposed by the Authority may institute proceedings in the Land Claims Commission. Section 14. - Interim Protection. - The Authority may provide interim protection to an area, in respect of which a survey is being undertaken with a view to the establishment of the area as a National Park or Nature Reserve, by declaring it a Game Reserve. Section 15. - Demarcation of Boundaries. - Within one year of the establishment of a National Park or Nature Reserve, the Authority shall clearly mark the boundary between the National Park or Nature Reserve and the surrounding lands. Section 16. - Buffer zones. (1) The Authority shall, wherever possible, declare the areas surrounding a National Park or Nature Reserve as a: (a) Game Reserve; or (b) Controlled Hunting Area; to protect the boundaries from disturbance and to preserve the natural state of the area. (2) Such areas shall be as wide as possible. (3) The Authority shall control activities in these areas which threaten the objectives and the resources of the National Park or Nature Reserve. Section 17. - Management Plans. (1) The Authority shall, as soon as practicable after the establishment of a National Park or Nature Reserve, prepare and publish, and thereafter review and re-publish every ten years, a comprehensive management plan in accordance with internationally accepted standards. (2) Each management plan shall include: (a) an inventory of wildlife, cultural and related natural resources; (b) an assessment of wildlife population trends; (c) an assessment of existing human interference and plans for controlling it; (d) a description of proposed activities for the management of wildlife resources, 7 including restoration of depleted populations; (e) a description of proposed research activities; (f) a description of proposed infrastructural developments, including construction of visitors facilities, housing, administrative offices and other facilities; (g) plans for the development of national and international tourism; (h) plans for the administration of the National Park or Nature Reserve, including financial and staffing projections; (i) plans for the creation of buffer zones around the National Park or National Park or Nature Reserve; (j) plans for local involvement and public participation; (k) maps of the National Park and Nature Reserve indicating proposed facilities. Section 18. - Entry into National Parks and Penalty for Illegal Entry. (1) All persons, other than Authority staff on official duty, must possess a valid entry permit issued by the Authority to enter a National Park or Nature Reserve. The terms, conditions of and fees for permits shall be prescribed by the Authority. Any entry fee may be waived for organized parties of schoolchildren or students, any state, official or other distinguished visitor, or any person engaged in scientific research authorized by the Authority. (2) Any person who enters a National Park or Nature Reserve without a permit shall be guilty of an offense and liable on conviction to a fine of not less than $10 and not more than $25 or to a term of imprisonment of not less than five days and not more ten days or to both. Section 19. - Refusal of Entry. - The Authority may refuse to issue an entry permit or to allow any person to enter any National Park or Nature Reserve, or cancel any entry permit and require any person to immediately leave a National Park, where he has reasonable grounds to believe such person: (a) is drunk; (b) is mentally deranged; (c) has committed or is likely to commit any offense against this Act or any of the regulations issued under this act. Section 20. - Entry at Own Risk. - Persons entering a National Park or Nature Reserve with or without a valid entry permit do so at their own risk. No liability shall attach to the Government or the Authority or any official or employee of the Authority for any loss of life or property or damage or injury sustained by any person in a National Park or Nature Reserve as a result of an attack by a wild animal or any natural hazard. Section 21. - Possession of Weapon and Penalty for Possession. (1) No person, except Authority staff on official duty, shall bring into or possess any weapon, 8 ammunition, cutlass, explosive, trap, snare or poison or other hunting device in a National Park or Nature Reserve. (2) Any person who violates this section shall be guilty of an offense and liable on conviction to a fine of not less than $25 and not more than $100 or to a term of imprisonment of not less than 6 months or to both. Section 22. - No Hunting in National Parks or Nature Reserves and Penalty for Illegal Hunting. (1) No person shall hunt or capture any wild animal within a National Park or Nature Reserve. (2) Any person who kills or aids in the killing of a wild animal in a National Park or Nature Reserve shall be guilty of an offense and liable on conviction: (a) if the animal is a leopard or an elephant, to a fine of not less than $500 and not more than $2000 or to a term of imprisonment of not less than one year and not more than two years or to both; (b) if the animal is not a leopard or an elephant, to a fine of not less than $250 and not more than $1000 or to a term of imprisonment of not less than six months and not more than one year or to both; (3) In the event of a conviction under this section, the court shall: (a) confiscate the animal or any part thereof or any proceeds of sale; and (b) confiscate the weapon or device used in commission of the offense for a period of 6 months. Section 23. - Prohibited Acts in National Parks or Nature Reserves (1) Within a National Park or Nature Reserve, no person shall: (a) cut, clear, burn or otherwise damage or remove any tree, bush, plant or other vegetation; (b) reside on, occupy or cultivate any land or plant or otherwise grow or harvest any crops; (c) construct or occupy any house, shelter or other structure; (d) mine, quarry, drill, or remove any minerals, stone, gravel, earth or other substances or prospect for such substances; (e) introduce any cattle or other domestic animal or permit any cattle or domestic animal to stray; (f) obstruct, pollute, or divert any river, lake, or other body of water; (g) remove archeological or cultural materials; (h) place, erect, move, destroy, or interfere with any notice, fence, gate, boundary marker, 9 or other such marker, or destroy or deface any object; (i) perform any act or engage in any activity likely to destroy, endanger or disturb wildlife. (2) Any person who violates any of the provisions of this section shall be guilty of an offense and liable on conviction to a fine of not less than $50 and not more than $500 or to a term of imprisonment of not less than three months and not more than one year or to both. Section 24. - Construction in National Parks and Nature Reserves (1) Section 23 shall not prohibit the Authority from carrying out or authorizing any construction in a National Park or Nature Reserve. (2) The Authority shall locate and construct administrative, housing and other facilities, wherever possible, outside the boundaries or the National Park or Nature Reserve. Section 25. - Acts Prohibited Without Written Permission (1) No person shall, within a National Park or Nature Reserve, without written permission from the Authority: (a) fish with rod and line or net or by other means; (b) carry out any still photography or make any film or video recording for sale or commercial use; (c) camp elsewhere than at an approved camping area; (d) be in the National Park between the hours of 7.00 p.m. and 6.00 a.m. except in a camping area, guest house, or research station approved by the Authority; (e) light any fire except within the confines of an approved area; (f) drive a vehicle other than on an approved area; (g) enter any area of the National Park or Nature Reserve that has been declared closed to the public; (2) Any person who violates any of the provisions this section shall be guilty of an offense and liable on conviction to a fine of not less than $25 and not more than $500 or to a term of imprisonment of not less than one month and not more than six months or to both. Section 26. - Power to Issue Regulations in National Parks and Nature Reserves. - The Authority may issue regulations: (a) for the day-to-day administration and management of National Parks and Nature Reserves; (b) closing off any area or part of a National Park or Nature Reserve for the purpose of administration and management; 10 (c) zoning areas within National Parks or Nature Reserves; (d) ensuring that the purposes of this Act are complied with in National Parks and Nature Reserves. Section 27. - Publication of Educational Materials. - The Authority may undertake or authorize the publication of pictures, posters, postcards, brochures, leaflets, books and other materials of an informational and educational nature concerning the National Parks, Nature Reserves and the wildlife of Liberia. Section 28. - Consultation with Local Residents. - The Authority: (a) shall consult with and take into account the views of local residents in the administration and management of National Parks and Nature Reserves; (b) may create a Local Advisory Committee consisting of local residents to assist in the management of a National Park or Nature Reserve. Chapter V - GAME RESERVES, CONTROLLED HUNTING AREAS AND OTHER PROTECTED AREAS Section 29. - Establishment of Game Reserves and Controlled Hunting Areas - The Authority may by regulation declare any area or land: (a) a Game Reserve for the protection, breeding and sustained production of wildlife; (b) a Controlled Hunting Area in which hunting is controlled in accordance with regulations as may be issued by the Authority. Section 30. - No Hunting in Game Reserves (1) No person shall hunt or capture any wild animal or enter into, settle, camp, cultivate, cut or burn trees or other vegetation or disturb wildlife in any way in a Game Reserve. (2) Any person who violates this section shall be guilty of an offense and liable on conviction to a fine of not less than $25 and not more than $200 or to a term of imprisonment of not less than 30 days and not more than six months or to both. Section 31. - Regulations in Controlled Hunting Areas (1) No person shall hunt or capture any animal in a Controlled Hunting Area except in accordance with such conditions as may be permitted by this Act or any regulation made by the Authority under this Act: (2) The Authority may, in respect or any Controlled Hunting Area, by regulation: (a) establish maximum annual quotas for the hunting and capture of each wildlife species; (b) restrict the number or persons permitted to hunt at any one time or during any one season; 11 (c) regulate the means by which any animal may be hunted including the type of ammunition, the type of firearm, type of net, trap or other means. Chapter VI - CONTROLS ON HUNTING Section 32. - Surveys, Research and Regulations. - The Authority shall promote and undertake research on the distribution, habitat and population of wildlife in Liberia with a view to providing sustained production. Section 33. - Advisory Committees. - The Authority may appoint advisory committees of scientists, university personnel, and such other persons as it may think fit, to assist in undertaking surveys, scientific research and issuing regulations on hunting. Section 34. - Hunting Licenses. - (1) No person shall hunt in any: (a) Controlled Hunting Area; or (b) other designated area; other than under a valid hunting license issued under this section and in accordance with the conditions of that license. (2) The Authority may by regulation declare any district, county, national forest or portion thereof or any other political or administrative subdivision of Liberia to be a designated area for the purposes of this section. (3) The Authority may: (a) authorize an officer or officers of the Authority or other government official to issue hunting licenses under this section; (b) prescribe the terms, conditions of and fees for hunting licenses; (4) Any person who violates the provisions of this section shall be guilty of an offense and liable on conviction to a fine of not less than $25 and not more than $500 or to a term of imprisonment of not less than 30 days and not more than one year or to both. Section 35. - Closed Seasons. - The Authority may declare any period of the year to be a closed season during which the hunting or capture of a certain species or number of species shall be prohibited. Section 36. - No Hunting of Pregnant, Immature or Female Animals Accompanied by Young. - No person shall hunt or capture any animal that is pregnant, immature or is a female accompanied by its young. Section 37. - No Night Hunting. - No person shall hunt or capture any animal at night, that is, from 7 p.m. to 6 a.m. Section 38. - Prohibited Hunting Methods. - No person shall employ, or possess for the purpose of employing, any of the following for the purpose of hunting or capturing any animal: (a) any drug, poison, poisoned weapons or poisoned bait; 12 (b) any explosive or any missile containing a detonator, (c) any deadfall, pit or set gun; (d) any electronic device or recording to attract animals; (e) any tension, steel jawed or leg-hold trap; (f) any artificial light, including flashlight, headlamp, headlight or other illuminating device; (g) any firearm capable of firing more than one round at each pull of the trigger, or any type of firearm prohibited in any regulation issued under this Act; (h) any other method of hunting or capturing animals prohibited in any regulation issued under this Act. Section 39. - Defense of Persons and Property (1) Subject to this section, a person may take such measures as may be reasonably necessary to defend his person or property from a direct and immediate attack by any wild animal subject to protection under this Act or regulation issued under this Act. (2) Shooting or killing the animal shall not be resorted to unless absolutely necessary to protect person or property. (3) No person may raise self-defense as a defense if he has provoked an animal to attack or, at the time of the attack, was committing an offense against the provisions of this Act or any regulation issued under this Act. (4) The burden of proving that an animal has been killed or wounded in self-defense or defense of property shall lie of the person who killed or wounded such animal. (5) Where an animal is killed or wounded in self-defense or defense of property, the fact and circumstances of such killing or wounding shall be reported immediately, and in no event more than 24 hours thereafter, to the nearest officer of the Authority. (6) Any animal killed or wounded in self-defense or defense of property shall be the property of the Authority and shall be disposed of as the Authority shall specify. Section 40. - Damage to Property by Wild Animals (1) It shall be the responsibility of the property owner: (a) to fence or otherwise protect his land, wherever possible, so as to prevent the entry of wild animals; (b) to inform the Authority immediately of any damage to his crops, fields, forests or other property by a wild animal. (2) The Authority shall in the case of any wild animal subject to protection under this Act: 13 (a) take such measures to prevent such animals from entering and causing damage to private property; (b) encourage and cooperate with property owners to prevent the entry of such animals; (c) pay valid claims for damage caused by such animals. (3) No compensation shall be payable to any property owner under the preceding subsection if the property owner has been in breach of his responsibilities under subsection (1). Section 41. - Hunting by Officers of the Authority. - Any officer authorized by regulation of the Authority may hunt or capture any wild animal, whether protected or not, in any area of Liberia, including National Parks, Nature Reserves and Controlled Hunting Areas, where: (a) such hunting or capture is required in the interest of research, management or administration; (b) it is necessary for the safety of the public or the protection of crops, livestock or other property; (c) it is necessary to prevent undue suffering by any animal; (d) it is in the interests of scientific research. Section 42. - Professional Hunter's License. - The Authority may issue a professional hunter's license to any person who is competent to act as a professional hunter. The Authority may by regulation prescribe the terms, conditions of, fees for and period of validity of professional hunter's license. Section 43. - Permits to Keep Live Wild Animals (1) No person shall keep in captivity any live wild animal without a permit issued by the Authority. (2) The Authority may cancel such permit where a wild animal is not kept and cared for humanely or in accordance with the conditions prescribed by permit. (3) Any live wild animal for which no permit has been issued by the Authority or for which the permit has been revoked shall be the property of the Authority and may be released or donated to a competent zoological authority or other appropriate facility at the discretion of the Authority. (4) Any person who violates any of the provisions of this section shall be guilty of an offense and liable on conviction to a fine of not less than $25 and not more than $500 or to a term of imprisonment of not less than ten days and not more than six months or to both. Section 44. - Diseased Animals. - Any diseased live wild animal seized or confiscated by the Authority may be quarantined, destroyed or delivered to the appropriate governmental agency. 14 Chapter VII - PROTECTED ANIMALS Section 45. - Surveys. - The Authority shall: (a) review the population, distribution, and status of wildlife in Liberia; and (b) maintain and update a list of animals threatened by or in danger of extinction in Liberia in Schedule I appended to this Act. Section 46. - No Hunting of Protected Animals (1) Subject to section 48, no person shall hunt, capture or trade any species listed in Schedule I. (2) Any person who hunts or captures or attempts to hunt or capture any species listed in Schedule I shall be guilty of an offense and liable on conviction: (a) if the animal is a leopard or an elephant, to a fine of not less than $500 and not more than $2000 or to term of imprisonment of not less than one year and not more than two one year or to both. (b) if the animal is not a leopard or an elephant, to a fine of not less than $250 and not more than $1000 or to a term of imprisonment of not less than six months and not more than one year or to both. (3) In the event of a conviction under this section, the court shall: and (a) confiscate the animal or any part thereof or any proceeds of sale; and (b) confiscate the weapon or device used in commission of the offense for a period of 6 months. (4) This section shall not apply to any protected animal that has been bred in captivity and for which the owner has obtained a certificate to that effect from the Authority under section 49. Section 47. - Additions and Deletions to Schedule I. - The Authority may by regulation: (a) add species to Schedule I; (b) having determined that the population of a species in Liberia is no longer threatened with or in danger of extinction in Liberia, remove such species from Schedule I. Section 48. - Hunting or Capture of Protected Animals for Scientific Purposes. - The Authority may authorize the capture, removal and transfer of any species listed in Schedule I if such activity is for the purpose of captive breeding, propagation of the species, its safety, the safety of humans or scientific research. Section 49. - No Possession of Protected Animal Without Permit (1) Within six months of the entry into force of this Act, no person shall possess any protected animal, whether alive or dead, or any part thereof, without a certificate of legal ownership issued by the Authority. The burden of proving lawful possession of any protected animal shall lie with the person possessing such animal. 15 (2) The Authority may issue a Certificate of Legal Ownership for any protected animal where he is satisfied that such animal was lawfully obtained under the authority of a valid license or permit or by other lawful means or was raised in captivity. Chapter VIII - INTERNATIONAL TRADE IN PROTECTED ANIMALS AND ENDANGERED SPECIES Section 50. - Export of Protected Animals and Endangered Species (1) No person shall export, re-export or attempt to export or re-export: (a) any protected animal; (b) any animal listed in Appendix I or II of the Convention on International Trade in Endangered Species (CITES); except under a valid export permit issued by the Authority. (2) The terms, conditions of and fees for any permit issued under this section may be prescribed by the Authority. Section 51. - Issue of Export Permits. - No export permit may be issued for any protected animal unless the Authority is satisfied: (a) that such wildlife has been lawfully obtained; (b) that such export will not be detrimental to the survival of the species; (c) in the case of any animal listed in Appendix I of the Convention on International Trade in Endangered Species (CITES), that an import permit has been granted by the competent authority of the importing country; (d) in the case of a living animal, that such animal will be so prepared and shipped as to minimize any risk of injury, damage to health or cruel treatment. Section 52. - Import of Endangered Species. - No person shall import or attempt to import into any wildlife listed in Appendix I of the Convention on International Trade in Endangered Species (CITES) except under a valid export permit issued with respect to the wildlife by the competent authority of the country of export. Section 53. - Household and Personal Goods. - The Authority may issue regulations exempting household or personal goods from the requirements of this Chapter and Chapter VI. Chapter IX - ENFORCEMENT Section 54. - Inspection and Arrest Powers. - An authorized officer may: (a) enter and search any land, building, camp, tent or other premises, or any vehicle, aircraft, boat, pack animal or other means of conveyance in which he has reasonable grounds to believe that an offense has been committed against this Act or any regulation issued under this Act, provided that no officer shall enter or search any 16 private dwelling house, except with the consent of the owner or under the authority of a search warrant; (b) seize any weapon, ammunition, trap, snare, light, explosive, poison, vehicle, boat, aircraft or other thing that he has reasonable grounds to believe has been used or possessed in the commission of such offense; (c) seize any animal or part thereof which he has reasonable grounds to believe has been taken, traded, imported, exported or is possessed in contravention of this Act or any regulation issued under this Act; (d) seize and detain any livestock or domestic animal found unlawfully within the boundaries of any National Park, Nature Reserve, Game Reserve or Controlled Hunting Area; (e) arrest and deliver to the proper authorities any person whom the officer has reasonable grounds to believe has committed such offense and use such force as may be reasonably necessary to effect such arrest. Section 55. - Power to Bear Arms. - Any authorized officer may bear arms when performing his official duties as specified in this Act. Section 56. - Persons Brought Before Court. - Any person arrested under this Act or regulation issued under this Act shall be delivered to the proper authorities forthwith and shall be tried before a court of competent jurisdiction as soon as practicably possible. Section 57. - General Penalty for Offenses Against this Act and Regulations (1) Any person who violates any of the provisions of this Act or any regulation issued under this Act, where no penalty is specifically provided, shall be guilty of an offense and liable on conviction to a fine not less than $100 and not more than $500 or to a term of imprisonment of not less than one month and not more than one year or to both. (2) Where any person is convicted of an offense under this section, the court: (a) shall confiscate any animal in respect of which an offense has been committed under this Act thereof or any proceeds of sale; (b) shall confiscate any weapon or device used in commission of the offense for a period of six months; (c) shall cancel any license or permit issued to such person under this Act or regulation issued under this Act; (d) may order the confiscation of any vehicle, boat, aircraft or other mechanical means of conveyance used in the commission of such offense. (3) Any article or animal confiscated under the preceding section shall be disposed of in such a manner as the Authority may specify and any revenue from such disposal shall accrue to the Authority. Section 58. - Repeat Offenders. - Any person who, within five years of his conviction of an offense 17 against the provisions of this Act or any regulation issued under this Act, is convicted of a second offense against the provisions of this Act or regulation issued under this Act, shall; (a) be liable to a fine of not less than $250 and not more than $5000 or to a term of imprisonment of not less than six months and not more than 3 years or to both; (b) suffer the permanent confiscation of any weapon or device used in the commission of the offense. Section 59. - Aiding and Abetting. - Any person who aids or abets the commission of an offense against the provisions of this Act or any regulation issued under this Act shall be guilty of an offense and liable for the fine and term of imprisonment specified for such offense. Section 60. - Honorary Game Wardens. - The Authority may appoint Honorary Game Wardens and grant them arrest powers to enforce this Act the regulations issued under this Act. Section 61. - Offenses by Authority Officers. - Any officer of the Authority who is convicted of an offense against the provisions of this Act or regulation issued under this Act shall, in addition to prosecution under the Act, be subject to disciplinary action including suspension without pay and dismissal. 18 SCHEDULE I Protected Animals of Liberia common name scientific name local name Primata Chimpanzee Pan troglodytes baboon Western black and white colobus monkey Colobus polykomos lion monkey Red colobus monkey Colobus badius red monkey Olive colobus monkey Colobus verus verus monkey Diana monkey Cercopithecus diana king or field monkey Sirania Manatee Trichechus senegalensis sea cow Proboscidea Elephant Loxodonta africana elephant Artiodactyla Pygmy hippopotamus Choeropsis liberiensis Water cow Bongo Boocerus euryceros elk Jentink's duiker Cephalophus jentiki while antelope Yellow-backed duiker Cephalophys silvicultor antelope Zebra duiker Cephalophus zebra marking or mountain deer Ogilby's duiker Cephalophus ogilbyi deer Giant forest hog Hylocherus meinertzhageni bush hog Carnivora Leopard Panthera pardus leopard Golden Cat Felix aurata small leopard 19 Pholidata Giant pangolin Manis gigantea ant bear, anteater Crocodilia Nile crocodile Crocodylus niloticus alligator long-snouted crocodile Crocodylus cataphractus alligator Chelonia All marine turtles Aves Bare-headed rock fowl Picathartes gymnocephalus All birds of prey of the families Sagittariidae, Falconidae, Pandionidae and Strigidae, including all eagles, hawks, harriers, kites, falcons, buzzards, vultures and owls.