National Parks and Wildlife (Wild Animal Captivity Licencing) Regulations, 2018
颁布于 2018-09-14 · 文本截至 2026-10-01
以研究形式发布的公开法律与官方指引,不构成法律、税务或金融建议。
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关于这部法律
- 语言
- English
- 类型
- 条例
- 组织
- Zambezi Watercourse Commission (ZAMCOM)
- 国家
- 马拉维
- 主题
- Wild species and ecosystems
- 关键词
- management/conservation, animal welfare, inspection, captive wild animals, ranching/captive breeding, protection of species, wild fauna, biodiversity
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14th September 2018 GOVERNMENT NOTICE No. 75 NATIONAL PAR.KS AND WILDLIFE ACT (CAP.66:07) NATIONAL PARKS AND WILDLIFE (WILD ANIMAL CAPTIVITY LICENSING) REGULATIONS, 2018 IN EXERCISE of the powers conferred by section 123 of the National Parks and Wildlife Act, 1, AGGREY MASI, Minister of Natural Resources, Energy and Mining, make the following RegulationS PART I-PRELIMINARY Citation 1. These Regulations may be cited as the National Parks and Wildlife (Wild Animal Captivity Licensing) Regulations, 2018. Interpretation 2. 1n these Regulations, unless the context otherwise requires Animal captivity licence "captive care conditions" means the conditions for the keeping of wild animals in captivity referred to under section 54A of the Act; "captivity" means any setting whereby an animal is kept in a confined area, where it is depending on regular human care and support to fill its basic physical and psychological needs; "licence" ~eans a licence to keep animals in captivity issued under regulation 3; and "permit" means a licence to import, export or re-export any specimen of game species, protected species, endangered species or listed species issued under regulation. 3.-(1) A person shall not keep wild animals in captivity, unless he possesses an animal captivity licence in the form set out in the First Schedule hereto. (2) A person who intends to keep animals in captivity shall apply to the Director for a licence and that application shall be accompanied by a fee prescribed in the Second Schedule hereto. (3) The Director shall issue a licence to an applicant upon being satisfied that (a) the applicant has no record of previous convictions under the Act; (b) the applicant has a license for no less than 24 months to occupy the premises which he proposes to keep in the animal in captivity; (c) the area being proposed for keeping of the animal is secured; (d) the applicant shall comply with the captive care conditions to such extent as they apply to the animals in captivity; (e) the applicant has the requisite human resources and material resources to comply with the captive care conditions in respect of the specific animals intended to be kept in captivity; 14th September 2018 (j) the applicant has produced a management plan for the proposed animal as provided by the captive care conditions; and (g) the Director has approved that plan. (4) The Director shall (a) inspect the proposed premises prior to occupation; and (b) assess whether the condition of the premises complies with the requirements prescribed in the Third Schedule hereto. (5) The cost of any inspection done by the Director in accordance with sub-regulation (4) shall be borne by the applicant. (6) The Director shall, upon being satisfied with the suitability of a premises inspected under sub-regulation ( 4), issue to the applicant a certificate set out in the Fourth Schedule hereto. 4.-(1) A premise where animals are kept in captivity shall be subject to Routine inspection by the Director or any officer during normal working hours whose inspections cost shall be borne by the person keeping the animals in captivity. (2) There shall be no duty on officers to give prior notice of such inspection visits. 5. The Director shall revoke a licence where he is satisfied that a Revocation licensee fails to keep animals in captivity contrary to the Act or the captive oflicence care conditions. 6. A person shall not release or remove an animal from a premise Release of without the written authorization of the Director, unless- animal in captivity (a) the animal is temporarily removed from the premises on the recommendation of a registered veterinarian; or (b) there are reasonable grounds for doing so, provided that the Director is informed of that removal within a period of 24 hours. 7. A person shall not kill an animal in captivity without prior Killing authorization from the Director. animal in captivity FIRST SCHEDULE NATIONAL PARKS AND WILDLIFE ACT (CAP 66:07) (para. 3(1)) NATIONAL PARKS AND WILDLIFE (WILD ANIMAL CAPTIVITY LICENSING) REGULATIONS, 2018 WILD ANIMAL CAPTIVITY LICENCE Name of Licensee: ........................................................................................... . The nature of licensee: ........................................................................................... . (Private Household/ Public Facility/ Educational Facility/ Animal Rescue Centre/ Other-specify) National Identity Number and /or passport number. ................................................... . 14th September 2018 Physical Address ............................................................................................ . Postal Address ................................................................................................ . is hereby permitted to keep the following wild animals in captivity: Species Latin name Max no. per species with the following origin: Species Wild/, Captivity Location details at . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (premises) on the following conditions : (a) The licensee to report to the Director annually on the following: (i) overview of species and numbers being kept; (b) (c) (ii) any changes in management as indicated in the original management plan (iii) ..... The following State Registered Veterinarian(s) shall provide the required veterinary care for the animals being kept: (a) physical Address .................................................................................... . postal Address ..................................................................................... . (b) .................................................................................................. . Physical Address ........................................................................................ . Postal Address ......................................................................................... . Date of issue: . . . .. . . . . . . . . . . . . . . . . . . . . . . Date of expiry: ....................................... . Fee paid....................................... GR Number: ................................. . Signature of Dealer: ....................................................................................... . Right Thumb print of Dealer/Representative: 14th September 2018 Passport Photo of Keeper : (Official Stamp) Director SECOND SCHEDULE NATIONAL PARKS AND WILDLIFE ACT (CAP 66:07) (para. 3(2)) NATIONAL PARKS AND WILDLIFE (WILD ANIMAL CAPTIVITY LICENSING) REGULATIONS, 2018 Matter WILD ANIMAL CAPTIVITY LICENCE FEES Fee per Annum K t Wild Animal Captivity Permit 100,000.00 THIRD SCHEDULE NATIONAL PARKS AND WILDLIFE ACT (CAP 66:07) (para. 3 (4)(b)) NATIONAL PARKS AND WILDLIFE (WILD ANIMAL CAPTMTY LICENSING) REGULATIONS, 2018 WILD ANIMAL CAPTIVE CARE FACILITY ASSESSMENT FORM Below are the minimum requirements which captive care facilities need to meet in order to acquire a wild animal captivity licence. More specific information on each criteria is found in the Captive Care Standards. The requirements are either met (designated as "Yes") or not (designated as "No"). Where requirements are not met the improvements required are indicated to obtain or hold a Captivity Licence. REQUIREMENT 1. Management requirements (a) The facility has at all times (a) Yes/ No caretaker(s) with adequate and verifiable YIN species-specific training, experience and/ or knowledge to provide the animals with lmprovement(s) required REQUIREMENT highest levels of welfare and minimizes all associated health and safety risks. (b) The facility is in the possession of a management plan. A management plan shall at least contain the information as Yes/ No indicated in the Captive Care Standards. YIN (c) The facility has a system in place to keep animal records of all the animal individuals kept and as indicated in the Captive Care Standards. YIN 2. Housing requirements (a) The enclosure provides, in relation"to the number of animals being kept, the minimum required space (length, width, height) to allow sufficient and appropriate exercise for the particular species. YIN (b) The enclosure provides the required structures for the animals to move in their own species-specific way. YIN (c) The enclosure furniture is constructed and maintained in such a way that it does not present any potential danger or health risks to the animals. YIN (d) The enclosure has the required infrastructure to provide the opportunity to temporarily separate animals for management purposes (e.g. cleaning, medical treatment, population management). YIN (e) The enclosure provides appropriate barriers to contain the animals in a safe and secure way. YIN (j) The ground surface of the main enclosure is of such structure that it supports the species-specific way of moving and does not lead to any significant discomfort or health risk to the animal? YIN (g) The main enclosure, separation pens and indoor enclosures provide sufficient shelter for all animals to protect them from inclement weather conditions (e.g. heavy rains, wind, sun). YIN (h) The enclosure provides sufficient physical barriers for animals to hide for conspecifics or the viewing public. YIN 14th September 2018 Jmprovement(s) required 14th September 2018 REQUIREMENT (i) The climate conditions (e.g. temperature, light, humidity, ventilation) of the indoor rooms are in such a way that it does not negatively affect the welfare or health of Yes/ No the animals. YIN (j) The direct smrounding of the enclosure does not provide any negative stimuli which could lead to long term stress and/or undue suffering of the animals. YIN (k) The enclosure barriers are constructed in such a way to prevent potential predators in the direct surrounding to enter the enclosure YIN 3. Husbandry requirements (a) All social species are kept in groups whereby group composition ideally resembles as much as possible the species specific social organization, but whereby the group composition at the least does not negatively affect the well-being of the animals. YIN (b) For those animals housed socially and able to breed, species appropriate contraception is applied to prevent breeding. YIN (c) In case more than one species is kept in an enclosure, the species are able to live in harmony with each other and the welfare of one or more species are not compromised by another. YIN (d) The enclosure provides sufficient species specific behavioural stimuli to ensure the psychological well-being of the animals. YIN (e) In those circumstances whereby, the enclosure does not provide sufficient species-specific stimuli ( e.g. quarantine, temporary separation, etc.) behavioural enrichment is provided to ensure the well-being of the animal and prevent undue or unnecessary suffering. YIN If) The facility has set animal catching and handling procedures in place appropriate for the species being kept and whereby stress and discomfort for animal is as much as possible restricted. YIN Jmprovement(s) required REQUIREMENT (g) To ensure enclosure hygiene and minimize disease hazards, uneaten perishable food is removed. on a regular basis and prior to Yes/ No moulding or contamination. YIN (h) Animal waste is removed from the enclosure as often as necessary to prevent disease transmission. YIN (i) Water reservoirs and food containers/ platforms are cleaned on a daily basis. YIN 4. Nutritional requirements (a) The facility provides a well-balanced diet which meets the nutritive value and quantity required for the particular species. Hereby the facility takes into account the animals' individual requirements with regard to e.g. age, physical condition and medical condition. YIN (b) Records on food intake and body condition are collected and recorded on a regular basis to evaluate diet and food amounts provided. YIN (c) The way of presenting food to the animals supports the natural species-specific way of foraging. YIN (d) All provides the required conditions to prepare the animal food under hygienic circumstances to prevent contamination. YIN 5. Veterinary care requirements (a) The facility has a written agreement with a state registered veterinarian in which he/ she declares to provide the required health care for the animals kept under the Captivity licence. YIN (b) Being public facilities, educational facilities, wildlife rescue centres or any other facility keeping C or D class species, the facility has a wildlife experienced veterinarian within their staff members. When a specialized wildlife veterinarian is not available, an affiliated wildlife experienced veterinarian must be available on consultancy basis. YIN (c) Being public facilities, educational facilities, wildlife rescue centres, private 14th September 2018 Improvement(s) required 14th September 2018 REQUIREMENT facilities with l O or more animals or any facility keeping C or D class species, the facility has veterinary policies and standarc operation procedures which cover preventative health care, treatment procedures for ill or injured animal, and transmission of diseases between animals Yes/ No and or staff members and animals. YIN (d) The facility has appropriate facilities and procedures in place to adequately quarantine animals on arrival. YIN (e) To ensure the physical and psychological well-being, all animals are checked on a daily basis by a qualified and/ or experienced caretaker, whereby special attention is being paid to their physical condition and general demeanour. YIN 6. Health and safety requirements (a) There where the facility keeps any species which represent a potential risk for the health and safety of people and/ or the natural environment (e.g. exotic species), a thorough emergency plan is in place which describes in detail the procedures of how tc handle in case of an escape. YIN (b) There where the facility keeps any (potential) dangerous animals, the enclosure is constructed in such a way that the daily management of the animals does not lead to any potential risk or danger to the caretaker. YIN (c) There where the facility keeps any (potential) dangerous animals, appropriate operation procedures are in place to minimize any potential risk or danger to the caretaker. YIN (d) The facility bas for the species appropriate equipment and personal protective clothing available to safely capture and restrain an animal whenever required. YIN (e) The facility provides adequate personal protective equipment ( e.g. boots, overall, gloves) to the animal caretakers for all animal related tasks ( e.g. cleaning, animal handling). YIN lmprovement(s) required REQUIREMENT (f) In case a facility holds animals, which are known to be susceptible for zoonotic diseases, caretakers are provided, whenever reasonably possible, with the appropriate vaccinations and receive periodic health Yes/ No checks. YIN 7. Visitor policies In case of a public facility: (a) Any direct contact between visitors and animals is prohibited. YIN (b) Appropriate secondary barriers are in place around the enclosure which prevent any direct contact between visitors and 'animals. YIN (c) Appropriate signage is in place indicating rules how to behave in the presence of the animals with the aim to prevent any negative implications on the welfare of the animals and ensure the safety of the visitors.YIN (cl) The animals are not manipulated in any negative or unnatural way to entertain the public. YIN (e) Uncontrolled feeding by visitors is not permitted. Where feeding by visitors is permitted this should be on a selective basis and only with suitable food, with approval from management, and under supervision from trained caretakers. YIN 14th September 2018 lmprovement(s) required NATIONAL PARKS AND WILDLIFE ACT (CAP 66:07) NATIONAL PARKS AND WILDLIFE (WILD ANIMAL CAPTIVITY LICENSING) REGULATIONS, 2018 PREMISES INSPECTION CERTIFICATE THIS IS TO CERTIFY that the Director conducted a premises inspection of ................................................................ located at ........................ and has deemed the premises appropriate for keeping animals in captivity. This Certificate is not a licence to keep animals in captivity. It shall become invalid upon withdrawal of the animal captivity licence or deterioration of premises and facilities therein. Issued this ........ day of.. .............................. , 20 .. .. Director 14th September 2018 Made this 23rd day of July, 2018. (FILE NO. BL/100) A. C. MASI Minister of Natural Resources, Energy and Mining