ENDANGERED SPECIES (PROTECTION, CONSER VATION AND REGULATION OF TRADE) THE ENDANGERED SPECIES (PROTECTION, CONSERVATION AND REGULATION OF TRADE) ACT ARRANGEMENT OF SECTIONS Preliminary Short title. Interpretation. Objects of Act. Saving of other laws. Exemptions, etc., relating to trade. Amendment of Schedules. Approved management programmes. Approval of scientific institution. Inter-scientific institution transfer. Breeding in captivity. Artificial propagation. Export of personal or household effects. PART I. Administration Designahem of M a n a ~ m e n t and establishment of Scientific Authority. Policy directions. Functions of Management Authority. Functions of Scientific Authority. Scientific reports. PART II. Restriction on wade in endangered species 18. Restriction on trade in endangered species.
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ENDANGERED SPECIES (PROTECTION, CONSER VA TION AND REGULATION OF TRADE)
THE ENDANGERED SPECIES (PROTECTION, CONSERVATION AND REGULATION OF TRADE) ACT
ARRANGEMENT OF SECTIONS
Preliminary
Short title.
Interpretation.
Objects of Act.
Saving of other laws.
Exemptions, etc., relating to trade.
Amendment of Schedules.
Approved management programmes.
Approval of scientific institution.
Inter-scientific institution transfer.
Breeding in captivity.
Artificial propagation.
Export of personal or household effects.
PART I. Administration
Designahem of M a n a ~ m e n t and establishment of Scientific Authority.
Policy directions.
Functions of Management Authority.
Functions of Scientific Authority.
Scientific reports.
PART I I . Restriction on wade in endangered species
18. Restriction on trade in endangered species.
2 ENDANGERED SPECIES (PROTECTION, CONSERVATION AND REGULA TION OF TRADE)
Regulation of trade in species spec fled in the First, Second, Third and Fourth Schedules
Application to trade in endangered specimen of species specified in First, Second, Third and Fourth Schedule.
Export of specimens of species specified in First Schedule.
Importation of specimens of species specified in First Schedule.
Re-export of specimens of species specified in First Schedule.
Introduction from the sea certificate for specimens of species specified in First Schedule.
Export of specimens of species specified in Second Schedule.
Import of specimens of species specified in Second Schedule.
Re-export of specimens of species specified in Second Schedule.
Introduction from the sea of specimens of species specified in Second Schedule.
Export of specimens of species specified in Third Schedule.
Import of specimens of species specified in Third Schedule.
Re-export of specimens of species specified in Third Schedule.
Export of specimens specified in Fourth Schedule.
PART 111. Suspension and revocation ofpermit or certificate
Non-transferability and validity of permit or certificate.
Grounds for refusal to grant permit or certificate.
Restriction on grant of permit retrospectively.
Suspension of permit or certificate.
Revocation of permit or certificate.
Appeal.
Registers.
Records.
PART IV. Oflence and Penalties
Unlawful trade in specimen, etc.
Offence of using postal service for transporting endangered species.
False or misleading statements.
Threatening, etc., authorized officer.
Failure to keep records and documents.
ENDANGERED SPECIES (PROTECTION, CONSERVATION AND 3 REGULATION OF TRADE)
PART V. Enforcement
General powers of entry, inspection and seizure.
Vehicle, etc., may be seized and detained.
Procedure regarding application for forfeiture.
Forfeiture of specimens seized.
Search warrant.
PART VI. General
Marking of specimens.
Expired permit may serve as proof of lawful import, etc.
Protection of members of Management Authority and Scientific Authority.
Regulations.
Act applies to the Crown.
6 ENDANGERED SPECIES (PROTECTION, CONSERVATION AND REGULATION O F TRADE)
"artifical propagation" has the meaning assigned to it in section 11;
''authorized officer" means-
(a) any person designated as such by the Natural Resources Conservation Authority;
(b ) any customs officer;
(c) any Game Warden approved as such under the Wild Life Protection Act;
(6) any member or officer of the Jamaica Constabulary Force or the Jamaica Defence Force;
(e ) any person designated-
(i) a Fishery Inspector under the Fishing Industry Act;
(ii) a Marine Officer under the Exclusive Economic Zone Act and the Maritime Areas Act;
(iii) an Inspector under the Aquaculture, Inland and Marine Products and By- Products (Inspection, Licensing and Export) Act;
V) any person appointed a forest officer under the Forestry Act;
(g) any person appointed a park manager or designated a national park ranger under the Natural Resources (National Parks) Regulations, 1993;
(h) any person appointed a marine park manager or designated a marine park ranger under the Natural Resources Conservation (Marine Parks) Regulations, 1992,
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ENDANGERED SPECIES (PROTECTION, CONSERVATION AND REGULA TZON OF T M DE)
(b) prescribe-
(i) the procedures for applications for the issue of permits or certificates;
(ii) the fees payable in respect of the grant of any permit or certificate and such other service as the Management Authority may determine;
(iii) the manner of keeping registers, records and the contents and form of such registers and reports;
(iv) biological criteria and trade criteria for the inclusion of species in the First, Second, Third F I ~ , S C C O ~ ~
or Fourth Schedule; Third or Fourth Schedule.
(v) any other matter required by this Act to be prescribed.
(2) Notwithstanding section 29 of the Interpretation Act, regulations made under subsection (1) may provide for the imposition of penalties on summary conviction in a Resident Magistrate's Court not exceeding a fine of seven hundred thousand dollars or imprisonment for a term not exceeding six months or to both such fine and imprisonment.
54. This Act binds the Crown.
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Act lpplios to the Crown.
48 ENDANGERED SPECIES (PROTECTION, CONSER VATIONAND REGULATION OF TRADE)
L. N. I ~ Z = A / Z O O ~ Interpretation to the First, Second and Third Schedules
1. Species included in these Schedules are referred to:-
(a) by the name of the species; or
(b) as being all of the species included in a higher taxon or designated part thereof.
2. The abbreviation "spp." is used to denote all species of a higher taxon.
3. Other references to taxa lugher than species are for the purposes of information or classification only. The common names included after the scientific names of families are for reference only. They are intended to indicate the species within the family concerned that are included in the Schedules. In most cases thls is not all the species within the family.
4. The following abbreviations are used for plant taxa below the level of species-
(a) "ssp." is used to denote subspecies; and
(b) "var(s)." is used to denote variety (varieties).
5. As none of the species or higher taxa of FLORA included in the First Schedule is annotated to the effect that its hybrids shall be treated in accordance with the provisions of Article I11 of the Convention, this means that artificially propagated hybrids produced from one or more of these species or taxa may be traded with a certificate of artificial propagation, and that seeds and pollen (including pollinia), cut flowers, seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers of these hybrids are not subject to the provisions of the Convention.
6. The names of the countries in parentheses placed against the names of species in the Third Schedule are those of the Parties submitting these species for inclusion in this Schedule.
7. Inaccordance with Article I of the Convention, the symbol (#) followed by a number placed against the name of a species or higher taxon included in the Second or Third Schedule designates parts or derivatives which are specified in relation thereto for the purposes of the Convention as follows-
# 1 Designates all parts and derivatives, except-
(a) seeds, spores and pollen (including pollinia);
(b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; and
(c) cut flowers or artificially propagated plants.
# 2 Designates all parts and derivatives except-
(a) seeds and pollen;
(b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers;
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ENDANGERED SPECIES (PROTECTION, CONSER VATION AND 49 REGULATION OF TRADE)
(c) cut flowers or artificially propagated plants; and
(d) chemical derivatives and finished pharmaceutical products.
#3 Designates whole and sliced roots and parts of roots, excluding manufactured parts or derivatives such as powers, pills, extracts, tonics, teas and confectionery.
#4 Designates all parts and derivatives, except-
(a) seeds, except those from Mexican cacti originating in Mexico, and pollen;
(b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers;
(c) cut flowers or artificially propagated plants;
(d) fruits and parts and derivatives thereof of naturalized or artificially propagated plants; and
(e) separate stem joints (pads) and parts and derivatives thereof naturalized or artificially propagated plants of the genus Opuntia subgenus Opuntia.
#5 Designates logs, sawn wood and veneer sheets.
#6 Designates logs, sawn wood, veneer sheets and plywood.
#7 Designates logs, wood-chips and unprocessed broken material.
#8 Designates all parts and derivatives, except-
(a) seeds and pollen (including pollinia);
(b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers;
(c) cut flowers of artificially propagated plants; and
(d) fruits and parts and derivatives thereof or artificially propagated plants of the genus Vanilla.
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ENDANGERED SPECIES (PROTECTION, CONSER VATIONAND REGULATION OF TRADE)
FIRST SCHEDULE (Sections 2,6,8,10,11,15-25, 34,36 and 53)
Balaenidae Balaena mysticetus Bowhead Whales, Eubalaena spp. Right Whales
Neobalaenidae Caperea marginata Pygmy Right Whales
Carnivora
Canidae Canis lupus Bush Dogs, (Only the populations of Foxes, Wolves Bhutan, India, Nepal and Pakistan; all other populations are included in the Second Schedule) Speothos venaticus
Ursidae
Mustelidae
Lutrinae
Ailuropoda melanoleuca Bears, Pandas Ailurus fulgens Helarctos malayanus Melursus ursinus Tremarctos omatus Ursus arctos (Only the pupulations of Bhutan, China, Mexico and Mongolia; all other populations are included in the Second Schedule) Ursus arctos isabellinus Ursus thibetanus
Badgers, Martens, Weasels, etc.
Aonyx congicus Otters (Only the populations of Cameroon and Nigeria; all other populations are included in the Second Schedule) Enhydra lutris nereis Lontra felina
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54 ENDANGERED SPECIES (PROTECTION, CONSER VATIONAND REGULATION OF TRADE)
Felidae Acinonyx jubaus Cats ( A M u ~ ~ export quotas for live specimens and hunting trophies are granted as follows: Botswana: 5; Namibia: 150; Zimbabwe: 50. The trade in such specimens is subject to the provisions of Article 111 of the Convention) Caracal caracal (Only the population of Asia; all other populations are included in the Second Schedule) Catopuma temminckii Felis nigripes Herpailurus yaguarondi (Only the populations of Central and North America; all other populations are included in the Second Schedule) Leopardus pardalis Leopardus tigrinus Leopardus wiedi Lynx pardinus Neofelis nebulosa Oncifelis geoffroyi Oreailurus jacobita Panthera leo persica Panthera onca Panthera pardus Panthera tigris
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ENDANGERED SPECIES (PROTECTION, CONSER VATIONAND 5 5 REGULA TION OF TRADE)
FIRST SCHEDULE, contd.
Fauna Animals
Felidae, contd. Pardofelis rnarmorata Prionailurus bengalensis bengalensis (Only the populations of Bangladesh, India and Thailand; all other populations are included in the Second Schedule) Prionailurus planiceps Prionailurus mbiginosus (Only the population of India; all other populations are included in the Second Schedule) Puma concolor coryi Puma concolor costaricensis Puma concolor couguar Uncia uncia
Otariidae
Phocidae
Proboscidea
Elephantidae
Arctocephalus townsendi Fur Seals, Sea Lions
Monachus spp. Seals
Elephas maximus Elephants Loxodonta afiicana (Except the populations of Botswana, Namibia, South Africa and Zimbabwe, which are included in the Second Schedule)
Equidae Equus afiicanus Horses, Wild Asses, Zebras (Excludes the domesticated form, which is referenced as Equus asinus, and is not subject to the provisions of the Convention) Equus grevyi Equus hemionus hemionus
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5 6 ENDANGERED SPECIES (PROTECTION, CONSER VATIONAND REGULATIONOF TRADE)
Tapiridae spp. Tapirs (Except the species included in the Second Schedule)
Rhinoceroses spp. Rhinoceroses (Except the subspecies included in the Second Schedule)
Babyrousa babyrussa Babirusa, Pygmy Hogs Sus salvanius
Catagonus wagneri Peccaries
Vicugna vicugna Guanaco, Vicuna (Except the populations of Argentina, the population of the Provinces of Jujuy and Catamarca and the semi- captive populations of the Provinces of Jujuy, Salta, Catamarca, la Rioja and San Juan; Bolivia the whole Population; Chile population of the Primera Region; and Peru the whole population; which are included in the Second Schedule)
Moschus spp. Musk Deer (Only the populations of Afghanistan, Bhutan, India, Myanmar, Nepal and Pakistan; all other populations are included in the Second Schedule)
Atilocapra americana Pronghorn (Only the population of Mexico; no other population is included in the Schedules)
Addax nasomaculatus Antelopes, Cattle, Bos gaurus Duikers, Gazelles, (Excludes the domesticated Goats, Sheep, etc. form, which is referenced as Bos frontalis, and is not subject to the provisions of the Convention Bos mutus (Excludes the domesticated form, which is referenced as Bos gmnniens, and is not subject to the provisions of the Convention) Bos sauveli Bubalus depressicornis Bubalus mindorensis Bubalus quarlesi Capra falconeri Cephalophus jentinki Gazella darna Hippotragus niger variani Naemorhedus baileyi Naemorhedus caudatus Naemorhedus goral Naemorhedus sumatraensis Oryx &unrnah Oryx leucoryx Ovis ammon hodgsonii Ovis ammon nigrimontana
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58 ENDANGERED SPECIES (PROTECTION, CONSERVATIONAND REGULATIONOF TRADE)
Struthio camelus (Only the populations of Algeria, Burkina Faso, Cameroon, the Central African Republic, Chad, Mali, Mauritania, Morocco, the Niger, Nigeria, Senegal and the Sudan; all other populations are not included in the Schedules)
Rhea pennata (Except Rhea pennata pennata which is included in the Second Schedule)
Tinamus solitarius
Spheniscus hurnboldti
Podilymbus gigas
Diomedea albatrus
Pelecanus crispus
Papasula abbotti
Fregata andrewsi
Birds
Ostriches
Rheas
Tinamou
Penguins
Grebe
Albatrosses
Pelicans
Booby
Frigate Birds
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ENDANGERED SPECIES (PROTECTION, CONSER VATIONAND 59 REGULATION OF TRADE)
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62 ENDANGERED SPECIES (PROTECTION. CONSERVATION AND REGULATION OF TRADE)
Fauna -
FIRST SCHEDULE, c o d .
Animals
Psittacidae, c o d . Ara rnilitaris Ara mbrogenys Cacatua gofini Cacatua haematuropygia Cacatua moluccensis Cyanopsitta spixii Cyanoramphus forbesi Cyanoramphus novaezelandiae Cyclopsitta diophthalma coxeni Eos histrio Eunymphicus cornutus Guarouba guarouba Geopsittacus occidentalis
apaporiensis Caiman latirostris (Except the population of Argentina, which is included in the Second Schedule)
Melanosuchus niger (Except the population of
Ecuador, which is included in the Second Schedule and is subject to a zero annual export quota until an annual export quota has been approved by the CITES Secretariat and the IUCNISSC Crocodile Specialist Group)
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ENDANGERED SPECIES (PROTECTION, CONSERVATION AND 65 1 REGULATION OF TRADE) I
Fauna -
Crocodylidae, contd.
Gavialidae
Rhynchocephalia
Sphenodontidae
Sauria
Charnaeleonidae
Iguanidae
Lacertidae
Varanidae
FIRST SCHEDULE, contd.
Animals -
Crocodylus niloticus (Except the populations of
Botswana, Ethiopia, Kenya, Madagascar, Malawi, Mozambique, South Africa, Uganda, the United Republic of Tanzania, subject to an annual export quota of no more than 1600 wild specimens including hunting trophies, in addition to ranched specimens, Zambia and Zimbabwe. these populations are included in the Second Schedule)
Crocodylus palustris Crocodylus porosus (Except the populations of
Australia, Indonesia and Papua New Guinea, which are included in the Second Schedule)
Bolyeria multocarinata Round Island Boas Casarea dussumieri
Vipera ursinii (Only the Vipers population of Europe, except the area which formerly con- stituted the Union of Soviet Socialist Republics; these latter population are not included in the Schedule)
Liliaceae Aloe albida Aloe albiflora Aloe alfiedii Aloe bakeri Aloe bellatula Aloe calcairophila Aloe compressa (Includes the vars. rugosquamosa, schistophila and paucituberculata) Aloe delphinensis Aloe descoingsii Aloe fiagilis Aloe haworthioides (Includes the var. aurantiaca) Aloe helenae Aloe laeta (Includes the var. maniaensis) Aloe parallelifolia Aloe parvula Aloe pillansii Aloe polyphylla Aloe rauhii Aloe suzannae Aloe versicolor Aloe vossi
Nepenthaceae Nepenthes khasiana Nepenthes rajah
Orchidaceae (For all of the following First Schedule species, seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers, are
Plants -
Ocotillos
Afiormosia, Cristobal, Rosewood, Sandalwood (
Aloes
Pitcher-plants (Old World)
Orchids
not subject to the provisions of the Convention) Aerangis ellisii
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ENDANGERED SPECIES (PROTECTION, CONSERVATIONAND REGULATION OF TRADE)
Acerodon spp. Fruits Bats, (Except the species included Flying Foxes in the First Schedule) Pteropus spp. (Except the species included in the First Schedule)
Primates spp. Apes, Monkeys (Except the species included in the First Schedule)
Myrmecophaga tridactyla American Anteaters
Bradypus variegatus Three-toed Sloth
Chaetophractus nationi Armadillos (A zero annual export quota has been established. All specimens shall be deemed to be specimens of species included in the First Schedule and the trade in them shall be regulated accordingly)
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ENDANGERED SPECIES (PROTECTION, CONSER VATIONAND
Fauna -
Pholidota
Manidae
Rodentia
Sciuridae
Cetacea
Carnivora
Canidae
Ursidae
REGULATION OF TMDE)
SECOND SCHEDULE, contd.
Animals
Manis spp. Pangolins (A zero annual export quota has been established for Manis crassicaudata, M. javanica and M. pentadactyla for specimens removed from the wild and traded for pri- marily commercial purposes)
Ratufa spp. Ground Squirrels, Tree Squirrels
Cetacea spp. Whales, Porpoises, Dolphins (Except the species included in the First Schedule. A zero annual export quota has been established for live specimens fiom the Black Sea population of Tursiops trucatus removed fiorn the wild and traded for primarily coinmercial purposes)
Canis lupus Bush Dogs, Foxes, Wolves (Except the populations of Bhutan, India, Nepal and Pakistan, which are included in the First Schedule) Cerdocyon thous Chrysocyon brachyurus Cuon alpinus Pseudalopex culpaeus Pseudalopex griseus Pseudalopex gymnocercus Vulpes cam Vulpes zerda
Ursidae spp. Bears, Pandas (Except the species included in the First Schedule)
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74 ENDANGERED SPECIES (PROTECl7ON CONSER VATIONAND REGULATION OF TRADE)
SECOND SCHEDULE, contd.
Fauna -
Animals -
Lutrinae Lutrinae spp. Otters (Except the species included in the First Schedule)
Felidae Felidae spp. Cats (Except the species included in the First Schedule. Specimens of the domesti- cated form are not subject to the provisions of the Con- vention)
Otariidae Arctocephalus spp. Fur Seals, Sea Lions (Except the species included in the First Schedule)
Phocidae Mirounga leonina Seals
Pro boscidea
Elephantidae Loxodonta africana Elephants (Only the populations of Botswana', Namibia', South Africa1 and Zimbabwe2. All other populations are included in the First Schedule)
Populations of Botswana, Namibia and South Africa (listed in the First Schedule) , l
For the exclusive purpose of allowing: 1. trade in hunting trophies for non- commercial purposes; 2. trade in live animals for in situ conservation programmes; 3. trade in leather goods for non-commercial purposes; 5. trade in registered raw ivory (for Botswana and Namibia, whole tusks and pieces; for South Africa, whole tusks and cut pieces of ivory that are both 20 cm or more in length and one kilogramme or more in weight) subject to the following: i. only registered government-owned stocks, originating in the State (excluding seized ivory and ivory of unknown origin) and, in the case of South Africa, only ivory originating fiom the Kruger National Park); ii. only to rading partners that have been verified
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ENDANGERED SPECIES (PROTECTION, CONSERVATION AND 75 REGULATION OF TRADE)
Fauna Animals
by the Secretariat, in consultation with the Standing Committee, to have sufficient national legislation and domestic trade controls to ensure that the imported ivory will not be re-exported and will be managed in accordance with all requirements of Resolution Conf. 10.10 (Rev. CoP12) concerning domestic manufacturing and trade; iii. not before May, 2004, and in any event not before the secretariat has verified the prospective importing countries, and the MIKE programme has reported to the Secretariat on the baseline information (e.g. elephant population numbers, incidence of illegal killing); iv. a maximum of 20,000 kg (Botswana), 10,000 kg (Namibia) and 30,000kg (South Africa) of ivory may be traded, and dispatched in a single shipment under strict supervision of the Secretariat; v. the proceeds of the trade are used exclusively for elephant conservation and community conservation and development programmes within or adjacent to the elephant range; vi. only after the Standing Committee has agreed that the above conditions have been met. On a proposal from the Secretariat, the Standing Committee can decide to cause this trade to cease partially or completely in the event of non-compliance by exporting or importing countries, or in the case of proven detrimental impacts of the trade on other elephant populations. All other specimens shall be deemed to be specimens of species included in the First Schedule and the trade in them shall be regulated accordingly.
Population of Zimbabwe (listed in the First Schedule):
For the exclusive purpose of allowing: 1. export of hunting trophies for non- commercial purposes; 2. export of live animals to appropriate and acceptable destinations; 3. export of hides; 4. export of leather goods and ivory carvings for non-commercial purposes. All other specimens shall be deemed to be specimens of species included in the First Schedule and the trade in them shall be regulated accordingly. To ensure that where a. destinations for live animals are to be "appropriate and acceptable" andlor b. the purpose of the import is to be "non- commercial", export pennits and re-export certificates may be issued only after the issuing Managment Authority has received, from the Management Authority of the state of importgf'certification to the effect that: in case a. in analogy to Article 11, paragraph 3 (b) of the Convention, the holding facility has been reviewed by the competent Scientific Authority, and the proposed recipient has been found to be suitably equipped to house and care for the animals; andlor in case b. in analogy to Article 111, paragraph 3 (c), the Management Authority is satisfied that the specimens will not be used for primarily comrnerical purposes.
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ENDANGERED SPECIES (PROTECTION, CONSERVATION AND REGULATIONOF TRQDE)
SECOND SCHEDULE, contd.
Fauna -
Animals
Equidae, contd. Equus kiang Equus onager (Except the subspecies included in the First Schedule) Equus zebra hartmannae
Tapiridae Tapirus terrestris Tapirs
Rhinocerotidae Ceratotherium simum simurn Rhinoceroses (Only the population of South Africa; all other populations are included in the First Schedule. For the exclusive purpose of allowing inter- national trade in live animals to appropriate and acceptable destinations and hunting trophies. All other specimens shall be deemed to be specimens of species included in the First Schedule and the trade in them shall be regulated accordingly)
(Except the species included in the First Schedule and the populations of Pecari tajacu of Mexico and the United States ofAmerica, which are not included in the Schedule)
Camelidae Lama guanicoe Guanaco, Vicugna vicugna Vicuna (Only the populations of Argentina' the Provinces of Jujuy and Catamarca and the serni- captive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja and San Juan; Bolivia4 the whole population; Chile5
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ENDANGERED SPECIES (PROTECTION, CONSER VATIONAND REGULATION OF TRADE)
SECOND SCHEDULE, contd.
Fauna -
Camelidae, contd.
Animals -
population of the Primera Region, Peru6 the whole population; all other populations are included in the First Schedule)
Population ofArgentina (listed in Second Schedule):
For the exclusive purpose of allowing international trade in wool sheared fiom live vicunas of the populations included in the Second Schedule, in cloth, and in derived manufactured products and other handicraft artifacts. The reverse side of the cloth must bear the logotype adopted by the range States of the species, which are signatories to the Convenio para la Conservacion y Manejo de la Vicuna and the selvages the words "VICUNA-ARGENTINA". Other products must bear a label including the logotype and the designation "VICUNA- ARGENTINA-ARTESANIA". All other specimens shall be deemed to be specimens of species included in the First Schedule and the trade in them shall be regulated accordingly.
' Population of Bolivia (listed in the Second Schedule):
For the exclusive purpose of allowing international trade in: a. wool and products derived therefrom sheared fiom live animals of the populations of the Conservation Units of Mauri-Desaguadero, Ulla and Lipez-Chmhas; and b. products made fiom wool sheared fiom live animals of the rest of the population of Bolivia. The wool must bear the logotype adopted by the range States of the species, whch are signatories to the Convenio para la Conservacion y Manejo de la Vicuna and the selvages the words "VICUNA-BOLIVIA". Other products must bear a label including the logotype and the designation "VICUNA-BOLIVIA- ARTESANIA". All other specimens shall be deemed to be specimens of species included in the First Schedule and the trade in them shall be regulated accordingly.
Population of Chile (listed in the First Schedule):
For the exclusive purpose of allowing international trade in wool sheared fiom live vicunas of the populations included in the Second Schedule, and in cloth and items made thereof, including luxury handicrafts and h t t e d articles. The reverse side of the cloth must bear the 10,otype adopted by the range States of the species, which are signatories to the Convenio para la conservacion y Manejo de lo Vicuna, and the selvages the words "VICUNA-CHILE". Other products must bear a label including the logotype and the designation "VICUNA- CHILE-ARTESANIA". All other specimens shall be deemed to be specimens of species included in the First Schedule and the trade in them shall be regulated accordingly.
Population of Peru (listed in the Second Schedule)
For the exclusive purpose of allowing international trade in wool sheared from live vicunas and in the stock extant at the time of the ninth meeting of the
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ENDANGERED SPECIES (PROTECTION, CONSERVATION AND REGULATIONOF TRADE)
SECOND SCHEDULE, contd.
Fauna Animals - -
Conference of the Parties (November, 1994) of 3,249kg of wool, and in cloth and items made thereof, including luxury handicrafts and Imitted articles. The reverse side of the cloth must bear the logotype adopted by the range States of the species, which are signatories to the Convenio para la conservation y Manejo de la Vicuna, and the selvages the words "VICUNA-PERU". Other products must bear a label including the logotype and the designation "VICUNA-PERU- ARTESANIA". All other specimens shall be specimens of species included in the First Schedule and the trade in them be regulated accordingly.
Moschidae Moschus spp. (Except the populations of Afghanistan, Bhutan, India Myanmar, Nepal and Palustan, which are included in the First Schedule)
Antelopes, Cattle, Duikers, Gazelles, Goats, Sheep, etc.
Damaliscus pygargus pygargus Kobus leche Ovis arnrnon (Except the subspecies in- cluded in the First Schedule) Ovis canadensis (Only the population of Mexico; no other population is included in the Schedules) Ovis vignei (Except the subspecies included in the First Schedule) Saiga tatarica
Aves Birds
Rheiformes
Rheidae Rhea americana Rheas Rhea pennata pennata
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ENDANGERED SPECIES (PROTECTION, CONSERVATIONAND REGULATION OF TRADE)
SECOND SCHEDULE, contd.
Fauna -
Animals
Spheniscifonnes
Spheniscidae Spheniscus demersus Penguins
Ciconiifonnes
Balaenicipitidae Balaeniceps rex Shoebill, Whaleheaded Storks
Anatidae Anas bernieri Ducks, Geese, Swans, etc. Anas fonnosa Branta ruficollis Coscoroba coscoroba Cygnus melanocorypha Dendrocygna arborea Oxyura leucocephala Sarkidiornis melanotos
Falconiformes
Phasianidae
Falconifonnes spp. Eagles, Falcons, (Except the species Hawks, Vultures included in the First and Third Schedules and species of the family Cathartidae)
Gruidae spp. Cranes (Except the species in- cluded in the First Schedule)
Otididae Otididae spp. Bustards
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ENDANGERED SPECIES (PROTECTION, CONSER VA TION AND
Fauna -
Columbiformes
Columbidae
Psittaciformes
Cuculiformes
Musophagidae
Strigiformes
Apodiformes
Trochilidae
Coraciiformes
Bucerotidae
Piciformes Ramphastidae
REGULA TION OF TRADE)
SECOND SCHEDULE, contd.
Animals
Gallicolurnba luzonica Goura spp.
Psittaciformes spp. (Except the species in- cluded in the First and Third Schedules, and excluding Melopsittacus Undulates and Nymphicus Hollandicus, whlch are not included in the Schedules)
Musophaga porphy- reolopha
Tauraco spp.
Strigiformes spp. (Except the species in- cluded in the First Schedule)
Trochilidae spp. (Except the species included in the First Schedule)
Aceros spp. (Except the species included in the First Schedule) Anorrhinus spp. Anthracoceros spp. Buceros spp. (Except the species included in the First Schedule) Penelopides spp.
Emydidae Annamemys annamensis Box Turtles, Callagur borneoensis Freshwater Turtles Clemrnys insculpta Cuora spp. ~eosemys depressa Heosemys grandis Heosemys leytensis Heosemys spinosa Hieremys annandalii Kachuga spp. (Except the species included in the First Schedule)
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82 ENDANGERED SPECIES (PROTECTION, CONSER VATIONAND REGULATIONOF TRADE)
Fauna -
Emydidae, contd.
Testudinidae
Trionychidae
Pelomedusidae
Crocodylia
SECOND SCHEDULE, contd.
Animals
Leucocephalon yuwonoi Mauremys mutica Orltia borneensis Pyxidea mouhotii Siebenrockiella crassicollis Terrapene spp. (Except the species included in First Schedule)
Testudinidae spp. (Except the species included in the First Schedule. A zero annual export quota has been established for Geochelone sulcata for specimens removed from the wild and traded for pnmary commercial purposes)
Chitra spp. Lissemys punctata Pelochelys spp.
Erymnochelys madagas- cariensis
Peltocephalus dumeriliana Podocnernis spp.
Crocodylia spp. (Except the species included in the First Schedule)
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86 ENDANGERED SPECIES (PROTECTION, CONSER VATIONAND REGULATION OF TRQDE)
SECOND SCHEDULE, contd.
Fauna -
Animals -
Annelida
Hirudinoidea
Arhynchobdellida
Hirudinidae
Mollusca
Bivalvia
Veneroida
Tridacnidae
Unionoida
Unionidae
Papilionidae, contd. (Except the species included in the First Schedule) Parnassius apollo Teinopalpus spp. Trogonoptera spp. (Sensu D' Abrera) Troides spp. (Sensu D' Abrera)
Pachypodium spp. #1 (Except the species included in the First Schedule) Rauvolfia serpentina #2 Rauvolfia serpentina #2 Panax ginseng #3 (Only the population of the Russian Federation; no other population is
Organ-pipe Corals
Black Corals
Stony Corals
Sea-ferns, Fire Corals, Stinging Medusae
Fire Corals
Lace Corals
Plants
Agaves
Snowdrops, Sternbergias
Elephant Trunks
Ginseng
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88 ENDANGERED SPECIES (PROTECTION, CONSERVATIONAND REGULA TION OF TRADE)
Cactaceae CACTACEAE ~ p p . ~ Cacti #4 (Except the species included in the First Schedule)
Caryocaraceae Caryocar costaricense #1 Ajo
Artificially propagated specimens of the following hybrids andlor cultivars are not subject to the provisions of the Convention: Hationa x graeseri Schlumbergera x buckleyi Schlumbergera msselliana x Schlumbergera truncata Schlumbergera orssichlana x Schlumbergera truncata Schlumbergera opuntioides x Schlumbergera truncata Schlumbergera truncata (cultivars) Cactacece spp. colour mutants lacking chlorophyll, grafted on the following grafting stocks: Harrisia' Jusbertii', Hylocereus trigonus or Hylocereus undatus Opuntia microdasys (cultivars)
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ENDANGERED SPECIES (PROTECTION, CONSERVATIONAND REGULATION OF TRADE)
SECOND SCHEDULE, contd.
Flora - Plants -
Droseraceae Dionaea muscipula #1 Venus' Flflap
Euphobiaceae Euphoria spp. #1 Spurges (Exce t the species inclugd in the First Schedule; succulent species only; artifi- cially propagated specimens of culivars of Euphorbia trigona are not subject to the provision of the Con- vention)
Liliaceae Aloe spp. # 1 (Except Aloes the species included in the First Schedule. Also excludes Aloe Vera, also referenced as Aloe Barbadensis, which is not included in the Schedules)
Meliaceae Swietenia humilis # 1 Mahoganies, Spanish Swietenia macrophylla #6 Cedar (Populations of Neotropics enter into effect on November 15,2003) Swietenia mahagoni #5
(Except the species in- cluded in the First Schedule)
Artificially propagated specimens of hybrids within the genus Phalaenopsis are not subject to the provisions of the Convention when: (1) specimens are traded in shipments consisting of individual containers (i.e. cartons, boxes, or crates) containing 100 or more plants each; (2) all plants within a container are of the same hybrid, with no mixing of different hybrids within a container; (3) plants within a container can be readily recognized as artificially propagated specimens by exhibiting a high degree of uniformity in size and stage of growth, cleanliness, intact root systems, and general absence of damage or injury that could be attributable to
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ENDANGERED SPECIES (PROTECTION, CONSERVATION AND REGULATION OF TRADE)
Flora - Plants -
plants originating in the wild; (4) plants do not exhibit characteristics of wild origin, such as damage by insects or other animals fungi, or algae adhering to leaves, or mechnanical damage to roots, leaves, or other parts resulting from collection; and (5) shipments are accompanied by documentation, such as an invoice, which clearly states the number ofplants and is signed by the shipper. Plants not clearly qualifying for the exemption must be accompanied by appropriate CITES documents. (
Orobanchaceae Cistanche deserticola Broomrape
Palmae ( A recaceae)
Portulacaceae
Primulaceae
Proteaceae
Ranunculaceae
Rosaceae
Sarraceniaceae
Scrophulariaceae
Stangeriaceae
Beccariophoenix Palms madagascariensis
Chrysalidocarpus decipiens # 1 Lemurophoenix halleuxii ~ a r o j e k darianii Neodypsis decaryi # 1 Ravenea louvelii Ravenea rivalaris Satranala decussilvae Voanioala gerardii
Artificially propagated specimens of cultivars of Cyclamen persicum are not subject to the provisions of the Convention. However, the exemption does not apply to such specimens traded as dormant tubers.
Taxaceae Taxus wallichiana #2 Himalayan Yew
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ENDANGERED SPECIES (PROTECTION, CONSERVATIONAND 91 REGULATION OF TRADE)
SECOND SCHEDULE, contd.
Flora -
Thymeleaceae (Aquilariaceae)
Valerianaceae
Welwitschiaceae
Zamiaceae
Zingiberaceae
Zygophyllaceae
Aquilaria malaccensis #1
Nardostachys grandiflora #3
Welwitschia mirabilis # 1
Zamiaceae spp. # 1 (Except the species included in the First Schedule)
Hedychium philippinense # 1
Guaiacum spp. #2
Plants -
Agarwood, Ramin
Himalayan Spikenard
Welwitschia
Cycads
Ginger Lily
Lignum Vitae
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92 ENDANGERED SPECIES (PROTECTION, CONSERVATION AND REGULA T/ON OF TRADE)
THIRD SCHEDULE (Sections 2,6,1 I, 15-19, 28-30,34,36 and 53)
Species which any contracting party regulates within its own jurisdiction for the purpose of preventing or restricting over-exploitation nmi require the
cooperation of other parties for the control of trade in such species
Ducks, Geese, Swans, etc. Alopochen aegyptiacus Anas acula Anas capensis Anas clypeata Anas crecca Anas penelope Anas querquedula Aythya ny-roca Cairina moschata Dendrocygna autumnalis Dendrocygna bicolor
Species in Jamaica the trade of which is to be controlled to prevent or restrict exploitation and which require the cooperation of other Parties in the control of
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ENDANGERED SPECIES (PROTECTION, CONSERVATION AND 111 REGULATION OF TRADE)
FIFTH SCHEDULE (Section 2 (8))
PART I
Critical,,, Endangered
1. A taxon is Critically Endangered when the wild estimated population is facing an extremely high risk of extinction, the extent of occurrence is estimated to be less than 100 km2, estimated population size is less than 250 mature individuals, fragmented population at only a single location; continuous decline in the quality and quantity of the habitat, number in the sub-population and mature individuals.
2. There is a continuous decline in the estimated population of at least 80% within ten years or three generations, whichever is longer.
Endangered
1. A taxon is Endangered when the wild estimated population is less than 2,500 mature individuals, the extent of occurrence is estimated to be less than 5000 km2 or the area of occupancy estimated to be less than 500 km2, the taxon is affected by introducing taxa, hybrids, pathogens, pollutants and competitors or parasites, a decline in the quality and quantity of habitat and exploitation.
2. There is a continuous decline in estimated population of at least 50% within five years or two generations, whichever is longer.
Criteria for determining Vulnerability of Taxon
1. A .taxon is Vulnerable when a contiduous decline is observed, projected or inferred in the numbers of wild mature individuals, there are less than 10,000 mature individuals, no extinct sub-population contains more than 50 mature individuals and all individuals are in a single sub-population. The taxon is affected by introducing taxa, hybrids, pathogens, pollutant, competitors or parasites, a decline in the quality or quantity of habitat and exploitation.
2. There is a continuous decline in the estimated population of at least 30% within the next ten years or three generation, whichever is the longer.
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112 ENDANGERED SPECIES (PROTECTION, CONSERVATION AND REGULATION OF TRADE)
SIXTH SCHEDULE (Section 13)
Constitution and Procedure of the Scientific Authority
1 . 4 1 ) The Scientific Authority shall consist of- Constitution of Scientific
(a) the Senior Director of Wildlife, Natural Resources Conservation Authority. Authority, who shall be a member ex oficio; and
(b) not less than five or more than nine other members (hereinafter referred to as "appointed members") appointed by the Minister on the recommendation of the Management Authority.
(2) The appointed members shall be persons appearing to the Minister to be scientists of national repute suitably qualified in the areas of botany, zoology, entomology, marine ecology and terrestrial ecology and having experience in related areas, including the conservation, protection and management of natural resources.
2 . 4 1 ) The Minister shall appoint one of the appointed members to be Appointment the chairman. of chairman
and vice- (2) The appointed members shall appoint one of their number to be ~hahman.
the vice-chairman.
(3) In the case of the absence or inability to act of the chairman, the vice-chairman shall perform the functions of the chairman; and in the case of the absence or inability to act of bo,th the chairman and the vice-chairman-
(a) the Minister may appoint any appointed member to perform the functions of chairman; and
(6) the other appointed members shall appoint one of their number to perform the functions of vice-chairman.
3. In the case of the absence or inability to act of any other appointed Temporary member the Minister may appoint another person to act temporarily for that appomtment. appointed member, so, however, that the person temporarily appointed shall have a similar qualification to the dppointed member for whom he is acting.
4 . 4 1 ) The appointment of every appointed member of the Scientific Tenure of Authority shall be evidenced by instrument in writing, and such instrument office. shall state the period of office of that member which shall not exceed three years.
(2) Every appointed member shall be eligible for reappointment.
5. The Minister may by one month's notice in writing revoke the Revocation appointment of the chairman or any other appointed member of the Scientific zzyint- Authority if he thinks it expedient so to do.
6 . 4 1 ) Any appointed member of the Scientific Authority other than the Resignation. chairman may resign his ofice by instrument in writing addressed to the Minister,
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Publication ' of member- ship.
Execution of docu- ments.
Procedure and meetings.
ENDANGERED SPECIES (PROTECTION, CONSERVATION AND 113 REGULATION OF TRADE)
copied to the Management Authority and transmitted through the chairman and from the date of the receipt by the Minister of such instrument such appointed member shall cease to be a member of the Scientific Authority.
(2) The chairman may at any time resign his office by instrument in writing addressed to the Minister and transmitted through the Management Authority and such resignation shall take effect as from the date of the receipt of such instrument by the Minister.
7. The names of all the members of the Scientific Authority as first constituted and every change in the membership thereof shall be published in the Gazette.
8. All documents made by, and all decisions of the Scientific Authority may be signified under the hand ofthe chairman or any other member authorized to act in that behalf by the Scientific Authority.
9.-(1) The Scientific Authority shall meet at such times as shall be necessary for the transaction of its business and such meetings shall be held at such places and times and on such days as the Scientific Authority may determine.
(2) The chairman may at any time call a special meeting of the Scientific Authority and shall call a special meeting within seven days of the receipt of a written request for that purpose addressed to him by two members of the Scientific Authority.
(3) The chairman shall preside at meetings of the Scientific Authority and if the chairman is absent from a meeting the vice-chairman shall preside at that meeting and if both the chairman and vice-chairman are absent, the members present shall elect one of the appointed members to preside at that meeting.
(4) The quorum of the Scientific Authority shall be three.
( 5 ) The decisions of the Scientific Authority shall be by a majority of the votes and in addition to an original vote the chairman, vice-chairman or other person presiding at a meeting shall have a casting vote in any case in which the voting is equal.
(6 ) Minutes of each meeting of the Scientific Authority shall be kept in proper form and shall be confurned as soon as practicable at a subsequent meeting.
(7) The validity of the proceedings of the Scientific Authority shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of a member thereof.
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114 ENDANGERED SPECIES (PROTECTION, CONSER VA TlON AND REGULATION OF TRADE)
(8) Subject to the provisions of this Schedule, the Scientific Authority shall regulate its own proceedings.
10. A member ofthe Scientific Authority who is directly or is indirectly Disclosure of interested in any matter which is being dealt with by the Scientific interest.
Authority-
(a) shall disclose the nature of his interest at a meeting of the Scientific Authority; and
(b) shall not take part in any deliberations or decisions of the Scientific Authority with respect to that matter.
11. There shall be paid to the chairman, vice-chairman and other Remunera- members of the Scientific Authority (whether by way of honorarium, salary or tion
members. fees) and such other allowances as the Minister may determine.
12. The office of chairman, vice-chairman or member of the Scientific Office of Authority shall not be a public office for the purposes of Chapter V of the ~~~~~~~'?- Constitution of Jamaica. man or
member not public office.
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