The Endangered Species (Protection,

Conservation And Regulation Of Trade) Act

[17th March, 2000.]

Preliminary

1.       This Act may be cited as the Endangered Species (Protection, Conservation and Regulation of Trade) Act.

2,  —(1) In this Act—

"animal" means any member of the animal kingdom other than man, whether alive or dead;

"animal reproductive material" means—

(a)    an egg, sperm or embryo of an animal; and

(b)    any other part or product of an animal from which another animal can be produced;

"animal specimen" means—

(a)    any animal;

(b)    any animal reproductive material;

(c)    the flesh, skin, bone, blood, scales, feathers, horns or shell of any animal; and

(d)    any readily recognizable part,

of a species or any derivative thereof specified in the First, Second, Third or Fourth Schedule;

"Appendix" means an Appendix to the Convention and Appendices shall be construed accordingly;

"approved scientific institution" means an institution declared by the Management Authority under section 8 to be an approved scientific institution in relation to a particular specimen or class of specimens;

"article" includes a substance or mixture of substances;

"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;

(d)    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 By­Products (Inspection, Licensing and Export) Act;

(f) 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,

and any other person acting in aid of such person acting in the execution of his office or duty shall be deemed to be an officer acting in the execution of his office or duty;

"bred in captivity" means born or otherwise produced in a clinical or controlled environment of an offspring of any animal or any animal reproductive material—

(a)    that mated or otherwise transferred gametes in a controlled environment where reproduction is sexual; or

(b)    that was in a controlled environment when development of the offspring began, where reproduction is sexual;

"controlled environment" means—

(a)    in relation to an animal or animal reproductive material, an environment which—

(i)     is manipulated for the purpose of producing a selected species of animals or animal reproductive material;

(ii)    has boundaries designed to prevent the entry, departure, introduction or removal of animals or animal reproductive materials; or

(iii)   includes facilities such as artificial housing, waste removal, health care, protection from predators and artificial food supply;

(iv)   is managed in a manner designed to maintain the breeding stock indefinitely;

(b)    in relation to plants, an environment which—

(i)     is manipulated for the purposes of producing selected hybrid species of plants or plant reproductive material;

(ii)    includes tillage, fertilization, weed control, irrigation or nursery operations, including potting, bedding or protection from weather; or

(iii)   is managed in a manner designed to maintain the breeding stock indefinitely;

"Convention" means the Convention on International Trade in Endangered Species (C.I.T.E.S.) of Wild Fauna and Flora done at Washington, District of Columbia in the United States of America on the 3rd day of March, 1973 and any amendment thereto as adopted, from time to time, by the Government of Jamaica;

"Convention State" means a State other than Jamaica, which is a party to the Convention;

"endangered species" includes any animal or plant species threatened with extinction which are or likely to be affected by trade or whose survival is unlikely if any factor which threatens its extinction continues to operate;

"export" means to take or cause to be taken out of Jamaica or the waters thereof;

"extinction" means the termination of a species caused by—

(a)    failure to adapt to environmental change; and

(b)    death of all remaining members of the species;

"extirpation" means the disappearance of a species or subspecies from a locality or region;

"functions" includes powers and duties;

"import" means the bringing in, causing to be brought in or the introduction of a specimen into Jamaica by air or water otherwise than in transit or by trans-shipment;

"in transit" includes any occasion on which a plant or animal species or specimen remains on board an aircraft, ship

or other form of transport and is in the process of shipment to a named consignee;

 

"introduction from the sea" means the transportation into Jamaica of a specimen which is taken in the marine environment not under the jurisdiction of any State including the airspace above the sea and the sea-bed and subsoil beneath the sea;

"Jamaica" includes the Exclusive Economic Zone established under section 3 of the Exclusive Economic Zone Act;

"Management Authority" means the Management Authority designated by the Minister pursuant to section 13;

"Management programme" means a programme for the protection, conservation or management of animals or plants or both;

"mark" means any indelible imprint, seal or other suitable means of identifying a specimen, designed in such a manner as to render its imitation by unauthorized persons as difficult as possible;

"personal or household effects" means any wildlife products or manufactured articles or ornaments which are not intended for sale and are worn as clothing or contained in accompanying baggage or are part of a shipment of household effects of persons moving to or from Jamaica;

"plant" means a member of the plant kingdom, whether alive or dead;

"plant reproductive material" means—

(a)    a seed or spore of a plant;

(b) a cutting from a plant; and

(c)    any other part or product of a plant from which another plant can be produced;

"plant specimen" means—

(a)    a plant;

(b)  plant reproductive material;               •

(c)  any article wholly produced by or from or otherwise wholly derived from a single plant; and

(d)  any readily recognizable part,

of a species or any derivative thereof specified in the First,

Second, Third or Fourth Schedules;

"readily recognizable part" includes any specimen which appears from its label, mark, description or any package or document accompanying it, to be a part or derivative of a specimen specified in the First, Second, Third or Fourth Schedule;

"recipient" means—

(a)  in relation to a specimen that is exported from Jamaica, the person or body in the State to which the specimen is exported who is to have the care and custody of that specimen; and

(b)  in relation to a specimen that is imported into Jamaica, the person or body in Jamaica who is to have the care and custody of that specimen;

"relevant authority", in relation to a State, means—

(a)  in the case of a Convention State, a Management Authority in that State; or

(b)  in relation to any other State, the competent authority of that State within the meaning of Article X of the Convention;

"re-export" means the export of a specimen which has previously been imported, whether or not the specimen is in the same form as at the time of importation;

"Scientific Authority" means the scientific authority established pursuant to section 13 (1) (b);

"sender" in relation to a specimen that is imported into Jamaica, means the person in the State from which the specimen is lawfully imported who lawfully exports it from that State to Jamaica;

"species" includes any sub-species, variety, form or geographically separate population, whether wild or domesticated, of any species;

"specimen" includes—

(a)        a live or dead animal specimen or plant specimen;

(b)       in the case of an animal specimen, any readily recognizable part or derivative of the species specified in the First, Second, Third or Fourth Schedule;

(c)        in the case of a plant specimen—

(i)         in respect of species included in the First Schedule, any readily recognizable part or derivative thereof with the exception of seedlings or tissue culture obtained in vitro in solid or liquid medium and transported in sterile containers;

(ii)       in respect of species included in the Second, Third and Fourth Schedules, any readily recognizable part or derivative thereof, unless such parts and derivatives are specifically exempt;

"take" includes—

(a)  in relation to an animal specimen, catch, capture, collect, trap or kill; and

(b) in relation to a plant specimen, pick, collect or cut;

Measures / Standards
# Name Type Agency Description Law Valid To Apply To
1 Requirements for Individual Export Quota Queen Conch General National Environment and Planning Agency (NEPA) An approval of export quota of Queen Conch must be obtained from the NEPA, MICAF prior to the exportation of conch. All Queen Conch exported require a Veterinary export quota under the law- The Endangered Species ( Protection, COnservation and Regulation of Trade ) Act. A measure that governs the export quota of Queen Conch in Jamaica The Endangered Species (Protection, Conservation And Regulation Of Trade) Act 9999-09-09 ALL
2 Requirements for Import/ Export/ Re-Export CITIES Application General National Environment and Planning Agency (NEPA) An Import/ Export/ Re-Export CITIES Application must be obtained from the National Environment and Planning Agency (NEPA), MICAF prior to the Import/ Export/ Re-Export CITIES Application. This is under the law - The Endangered Species (Protection, Conservation And Regulation Of Trade) Act. The Endangered Species (Protection, Conservation And Regulation Of Trade) Act 9999-09-09 ALL
3 Requirement for the Import/ Export/ Re- Export of Plant Specimens (CITIES)Application General National Environment and Planning Agency (NEPA) An Import/ Export/ Re-Export of Plant Specimens (CITIES)Application must be obtained from the National Environment and Planning Agency (NEPA), MICAF prior to the Import/ Export/ Re- Export of Plant Specimens (CITIES)Application. All Plant Specimens require an Import/ Export/ Re- Export of Plant Specimens (CITIES)Application under the law- The Endangered Species (Protection, Conservation And Regulation Of Trade) Act. The Endangered Species (Protection, Conservation And Regulation Of Trade) Act 9999-09-09 ALL
4 Requirements for Export/ Import/ Re-Export of Queen Conch Application General National Environment and Planning Agency (NEPA) An Export/ Import/ Re-Export of Queen Conch Application must be obtained from the National Environment and Planning Agency (NEPA), MICAF prior to the Export/ Import/ Re-Export of Queen Conch. All Queen Conch require a Export/ Import/ Re-Export of Queen Conch Application under the law- The Endangered Species (Protection, Conservation And Regulation Of Trade) Act. The Endangered Species (Protection, Conservation And Regulation Of Trade) Act 9999-09-09 ALL
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