No.9.] [L.S.] Wildlife Protection Act I ASSENT BOSWELL WILLIAMS, Acting Governor-General. 19th September, 1980. SAINT LUCIA No.9 of 1980. [1980. AN Acr to make provision for the protection, conserva- tion and management of wildlife in Saint Lucia. [ 19th September, 1980. ] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Parliament of Saint Lucia, and by the authority of the same, as follows:- PRELIMINARY 1. This Act may be cited as the Wildlife Protection Short Title. Act, 1980.
Transcript
No.9.]
[L.S.]
~7
Wildlife Protection Act
I ASSENT
BOSWELL WILLIAMS,Acting Governor-General.
19th September, 1980.
SAINT LUCIA
No.9 of 1980.
[1980.
AN Acr to make provision for the protection, conservation and management of wildlife in Saint Lucia.
[ 19th September, 1980. ]
BE IT ENACTED by the Queen's Most ExcellentMajesty, by and with the advice and consent of theParliament of Saint Lucia, and by the authorityof the same, as follows:-
PRELIMINARY
1. This Act may be cited as the Wildlife Protection Short Title.
Act, 1980.
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Wildlife Protection Act [1980.
Interpretation. 2. In this Act unless the context otherwise requires
" alien wildlife" means any species of wildlife notindigenous to Saint Lucia;
" close season " means any period declared to be aclose season under section 9 of this Act;
" court " means a court of summary jurisdiction;
"deleterious substance" means any substancewhich if added to water would endanger thesubsistence and maintenance offish and otheraquatic life residing in water;
"forest officer" means any person appointed assuch under the Forest, Soil and Water ConservationOrdinance, and includes a person soappointed by virtue of his office;
" gun " includes an airgun, pellet gun, sling shotand any device capable of propelling shots,bullets or missiles ;
"hunt" means to seek, stalk, shoot, pursue or toattempt to seek, stalk, shoot or pursue;
" Minister" means the Minister responsible formatters relating to wildlife;
"officer" means a Wildlife Protection Officerappointed by or under this Act;
" open season" means any period during which aspecified species or group of species of wildlifemay be hunted or taken;
"partially protected wildlife" means any speciesof wildlife specified in the Second Schedule;
"protected wildlife" means any species of wildlifespecified in the First Schedule;
" take" means to kill, capture, snare, trap, net,carry away, or to attempt to kill, capture,
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Wildlife Protection Act [1980.
snare, trap, net, carry away or by any meansother than a means specified in section 16 ofthis Act;
"territorial sea" means a distance of twelvenautical miles round the shores of SaintLucia;
"unprotected wildlife" means any species of wildlife which is specified in the Third Schedule;
" wildlife" means any species of the followinggroups living beyond the control of man: -(a) mammals;(b) birds and the eggs thereof;(c) frogs and the eggs thereof;(d) reptiles;(e) fishes, their fry and eggs ; and(f) crustaceans;
"wildlife reserve" means any area declared assuch under this Act.
PART IADMINISTRATION
3.-(1) There shall be appointed a Chief Wildlife ~p~:tmen~
Protection Officer whose office shall be a public office ~ther ~ildlifeand who shall be charged with the duties and possess Porffiotecrion
cers,the powers conferred by or under this Act. He shallact under the authority of the Minister and under thegeneral direction of the Permanent Secretary of theMinistry. He shall have supervision of the other wildlife protection officers and may delegate to any of themany of his duties and powers under this Act. In theabsence of any other appointment the Chief Agricultural Officer shall be the Chief Wildlife ProtectionOfficer.
(2) There shall be appointed such other publicofficers to be known as Wildlife Protection Officers asare necessary for the purposes of this Act. In theabsence of any other appointment all Forest Officersare hereby appointed Wildlife Protection Officers.Every Wildlife Protection Officer shall perform suchduties and possess such powers under this Act as maybe assigned to him by the Chief Wildlife ProtectionOfficer.
4.-(1) The duties and powers of the Chief WildlifeProtection Officer shall be:-
(a) To administer and enforce the provisions ofthis Act and the Rules thereunder;
(b) To carry out research or surveys for the protection, control or disposition of wildlife orwildlife products including the establishmentof laboratories, zoos, and other relatedservices;
(c) To gather, print and circulate information andreports pertaining to wildlife;
(d) To enter into contracts with individuals,agencies or companies for the construction oftrails, roads, boundary marks, building hatcheries and other works for wildlife;
(e) To provide facilities for visitors to wildlifereserves, zoos and other related establishments;
(f) To engage in all other activities necessary forthe purposes of this Act.
5. For the purpose of carrying out the provisions ofthis Act, every Wildlife Protection Officer shall havethe authority, privileges and protection of a policeconstable conferred or granted by any law in force inSaint Lucia.
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Wildlife Protection Act
PART II
[1980.
WILDLIFE MANAGEMENT PROTECTION AND CONTROL
6. Wildlife, resident or migratory, indigenous or 'Wildlife
alien, found in Saint Lucia, except fish, frogs or t~a::n: of
crustaceans in private ponds, are the property of theCrown and may be taken or hunted only at such times,in such places and in such manner as is provided bythis Act.
7. The Minister may: - Minister maydeclare wildlife
(a) by Order declare any area of land or water or reserve.
the territorial sea to be a wildlife reserve;(b) lease, exchange, buy or sell any property for
use as a wildlife reserve.
8. Wildlife is hereby divided into three categories, Scheduler
1 d ildlif ifi d J h F' Classificationname y, protecte w e as speer e In t e irst of wildlife.
Schedule, partially protected wildlife as specified in theSecond Schedule and Unprotected Wildlife as specifiedin the Third Schedule.
9.-(1) The Minister may by statutory instrument; - Power of
( dd d 1 f f h . Minister toa) a to, vary ore ete rom any 0 t e species vary Schedules:
of wildlife specified in any of the said to pro~ide forprotecnon or
Schedules ; control of
(b) k .. f th . 1 wildlife: or toma e prOVISIOn or e protection or contra declare close
of any of the species of wildlife listed in any season.
of the said Schedules;(c) declare a close season for any of the species of
wildlife specified in the Second Schedule.
(2) The powers of the Minister under this sectionshall include the power by statutory instrument as aforesaid to declare, for any period not exceeding threeyears, a close season in respect of any or all of thespecies of wildlife specified in the Second Schedule.
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Wildlife Protection Act
PART III
LICENSES AND PERMITS
[1980.
Power ofMinister toissue licencesand permits forcertainpurposes.
Validity andduration oflicence.
10.-(1) The Minister may, on application made tohim, issue licences for any of the following purposes,namely:-
(a) to hunt or to take wildlife in a wildlife reserve;(b) to import or export any wildlife into or from
Saint Lucia;(c) to keep any wildlife in captivity.
(2) A licence issued under the preceding subsectionmay contain such conditions as the Minister may thinkfit.
(3) The Minister may issue permits to any recognizedscientific, cultural or educational organization to huntor to take wildlife. Such permits may specify the wildlife to be hunted or taken, the person authorised to doso and any other condition which the Minister considersnecessary or appropriate.
(4) Except by the authority of a licence or permitissued by the Minister under this section, it shall be anoffence against this Act for any person to hunt or totake any wildlife in a wildlife reserve.
11.-(1) A licence issued under section 10 (1) by thisAct shall be valid only for the period during which itis issued and shall in any event expire on 31st Decemberfollowing the date of issue.
(2) Every such licence shall be valid only in respectof the person to whom it is issued and shall not betransferable.
(3) Every holder of such licence shall carry ~t withhim when engaged in any activity authorised by It ; andhe shall show such licence upon the request of any Wildlife Protection Officer.
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Wildlife Protection Act (1980.
12.-(1) The Minister may at any time in his discre- F7es for. I li .. d der thi licences andnon cance any cence or permit issue un er this part. permits;
. cancellation.(2) Where any licence or permit has been lost, stolen
or destroyed a duplicate may be issued by the Ministerupon payment of the prescribed fee.
13. A licence or permit issued under the provisionsof this Act shall not confer upon the holder thereof anyright to enter upon any private lands or waters.
14. Except by authority of a licence or permit issued Hunting or
under section 10 of this Act, any person who: - t~~~;cted
( ) h k d ildlif hwildlife.
a unts or ta es any protecte wear t eeggs, fry or young thereof;
(b) damages or destroys the nest, fry or young ofany protected wildlife;
(c) permits any dog to enter or to be in wildlifereserve;
(d) carries in a wildlife reserve any gun or weaponor device capable of being used to hunt or totake any protected wildlife;
shall be guilty of an offence under this Act.
15. Any person who during a close season:-
(a) takes or hunts any partially protected wildlife;or
(b) damages or destroys the nest or egg of anypartially protected wildlife,
shall be guilty of an offence against this Act.
Taking orhuntingpartiallyprotectedwildlife.
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No.9.] Wildlife Protection Act [1980.
16. Any person who:-(a) sets in any position any electrical device
designed to frighten any protected or partiallyprotected wildlife;
(b) sets in any position any article of any natureand which is likely to cause or is calculated tocause injury to any protected wildlife;
(c) sets in any place any noxious substance for thepurpose of killing, taking, injuring or stupifying or which is likely or calculated to kill,injure or stupify or is otherwise injurious toany protected or partially protected wildlife;
(d) for the purpose of killing or capturing anyprotected or partially protected wildlife, usesany live animal or any decoy or appliancewhatsoever;
(e) uses any form of artificial light for the purposeof killing or capturing any protected orpartially protected wildlife;
(f) deposits or permits the deposit of any deleterious substance of any type in water frequentedby fish, shrimps or crabs or in any place wheresuch deleterious substance may enter suchwater;
(g) constructs or excavates or maintains any pit forthe purpose of catching or killing wildlife;
(h) engaged in logging, lumbering, land clearing orother operation puts or Permits to be put or toflow any slash, stumps or other debris into anywater frequented by fish, shrimps, or crabs ;
shall be guilty of an offence under this Act.
Using electricalor otherdevices tofrighten orinjure wildlife;using noxiousand othersubstances totake wildlife.
Possessionof wildlife.
17. Any person who:-(a) except by authority of a licence issued under
section 10 of this Act, has in his possession orcontrol any protected wildlife;
(b) exposes or offers for sale or purchases any
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Wildlife Protection Act [1980.
protected wildlife or any part of such wildlifeor the eggs, fry or young thereof;
(c) has in his possession or control any partiallyprotected wildlife or any part of any such wildlife or the eggs, fry or young thereof duringthe close season;
(d) exposes or offers for sale or purchases anypartially protected wildlife during the closeseason or the eggs, fry or young thereof duringthe close season;
(e) imports or exports any wildlife into or fromSaint Lucia without first having obtained alicence;
shall be guilty of an offence under this Act.
18.-(1) Subject to the provisions of this Act and ofany other law, it shall be lawful to hunt or to take anyspecies of wildlife specified in the Third Schedule; butno such species of wildlife shall be kept in captivitywithout a licence issued by the Minister under section10 (1) of this Act.
(2) Any person who keeps in captivity any species ofwildlife listed in the Third Schedule without havingobtained a licence shall be guilty of an offence underthis Act.
19. Where protected wildlife is alleged to be causingdamage to any crops, land or other private property,the owner or occupier thereof may report the same tothe Minister who shall expeditiously take such actionas may be considered necessary, including the grantingof any licence, to kill any such wildlife.
Licence tokeep incaptivity.
Action toprotectprivateproperty.
20.-0) If any officer has reasonable grounds for Powers of
suspecting that any person has contravened any of the officers tosearch and
provision of this Act he may: - seize.
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Wildlife Protection Act (1980.
Arrest ofperson foundcommittingan offence.
(a) stop and search any such person and anyvehicle, boat or other conveyance in thepossession of such person or in which suchperson happens to be, and open and searchany baggage or other thing in his possession;
(b) enter and search any tent or land in theoccupation of any such person;
(c) under the authority of a warrant issued by aMagistrate, enter and search any building inthe occupation of any such person, and seizeany protected or partially protected wildlife inthe possession of any such person;
(d) seize all guns, dogs, boats, vehicles or otherequipment which he may have cause reasonably to suspect to have been used by suchperson in connection with any such contravention.
(2) When any person IS convicted of an offenceagainst this Act, any protected or partially protectedwildlife or the nest or eggs thereof or any gun, weaponsdog, boat, vehicle or other article in respect of or bymeans of which the offence was committed shall beforfeited to the Crown. Such forfeiture may be inaddition to any other penalty to which such person isliable under this Act.
21.-(1) Where any person is found committing anoffence against this Act, any officer may require anysuch person to give his name and place of abode; andmay arrest any such person if:-
(a) such person refuses to give his name or placeof abode to the satisfaction of the officer; or
(b) gives a name or place of abode which is false.
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No.9.] Wildlife Protection Act
(2) Any person required as aforesaid to give hisname or place of abode who refuses to do so or whogives a name or place of abode which is false shall beguilty of an offence against this Act.
[1980.
22. Any person who assaults, hinders, obstructs or Assault orresisting
resists an officer in the execution of his duty under this officer.
Act shall be guilty of an offence.
23.-(1) All complaints for offences against this Actshall be laid in the name of an officer.
(2) Where an officer makes a complaint againstanother person for an offence against this Act anyother officer may appear on his behalf before the Courthearing the said complaint; and shall have the sameprivileges as to addressing the Court and as to examining witnessess as if he were the Complainant.
(3) Any Police Officer may conduct the prosecutionof any complaint under this Act notwithstanding thatsuch complaint was not laid by a member of the PoliceForce.
(4) In any proceedings before the Court the statement of an officer that the species in issue is one of thespecies of wildlife listed in any of the Schedules hereunder shall be prima facie evidence of that fact.
Complaints tobe laid by anofficer butmay beprosecuted byanotherofficer or byPolice Officer.
24.-(1) All offences committed against this Act Jurisdiction.
shall be tried and punishable by a Court.
(2) Where an offence against this Act is committedon the sea coast or at sea Of within the territorialwaters of Saint Lucia, it may be tried by a Court inany district abutting such sea coast or adjoining suchsea.
(3) Where any offence against this Act is committedin or from any water forming the boundary betweenany two Courts it may be tried in either of such Courts.
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Wildlife Protection Act [1980.
Penalties. 25. Any person guilty of an offence against this Actshall be liable on summary conviction to a fine notexceeding five thousand dollars or to a term ofimprisonment not exceeding twelve months.
Pruvisions to 26.-(1) The Minister may by statutory instru-make Statutory •Instruments. ment.-
(a) prescribe the scale of fees payable for licensesor permits issued under this Act;
(b) make provision for the control and administration of any wildlife reserve;
(c) make provision for the protection or control ofany species of wildlife listed in any of theSchedules to this Act;
(d) do all such other things as may be necessaryfor the fulfilment of the purposes of this Act
(2) A statutory instrument made under the provisions of the preceding subsection may provide for theimposition of a fine not exceeding two hundred andfifty dollars or imprisonment for three months forcontravention of any of the provisions thereof onsummary conviction therefor.
Powers ofMinister.
27.-(1) The Minister may, from time to time bywriting under his hand, empower an officer:-
(a) to accept from any person who has admittedin writing or in the presence of at least onewitness not being an Officer that he has committed an offence against this Act, a sum ofmoney not exceeding five hundred dollars byway of compensation for such offence;
(b) when any property has been seized under thisAct, to release the same on payment of thevalue thereof as estimated by such officer.
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Wildlife Protection Act [1980.
(2) On payment of such sum of money or such value,or both, as the case may be, to such officer, the personso admitting the commission of such offence, if incustody, shall be discharged, the property, if any, shallbe released, and no further proceedings shall be takenagainst such person or property in respect of suchoffence.
(3) All monies received by such officer under thissection shall be paid promptly into the Treasury by theofficer receiving the same.
28. The Wild Birds Protection Ordinance is hereby Repeals
repealed. Cap. 4+
Passed in the House of Assembly this 17th day ofJune, 1980.
CLARENCE RAMBALLY,Speaker.
Passed in the Senate this 25th day of August, 1980.
CALIXTE GEORGE,President.
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Wildlife Protection Act
SCHEDULES
FmST SCHEDULE
[1980.
(Section 8 (1)
Local NameAgoutiCouresseZandoli terreZandoli BoisTete Chien
Sucrier ~Ia.ng Yellow Warbler l Dendroica petechiaPetit Chit Cape May Warbler D tigrinaSucrier Babad St. Lucia Warbler D adeleidaeChip BlackPool Warbler D breviunguisPied Blanc Semper's Warbler Parulidae Leucopeza. semperiNo Locs.l Name OvenBird Seiurus aurocs.pillusNo Local Name Water Thrush S noveboracensisCarougette American Redstart Setophaga ruticilla
HummingbirdFou Fou Gilt-Crested Hummingbird}Hirondelle Lesser-Antillean Swift ApodidaoHirondelle Montagne Black SwiftOent-Ooup-Deoouteau St. Lucia Goatsueker OaprimulgidaeCoucou Manioo Mangrove Cuckoo } CuculidaeMerle Corbesu Smooth-Biled AniJacquot St. Lucia ParrotRamier Red-Necked PigeonPedrix Rouge Mountain PartridgePedrix Croissant Bridled Qual DovePigeon 180 Mer Sea GullFour Gull-Billed TernCarette Roseate TernThoirour Bridled TernTwaoo Hurricane BirdNo Local Name Least TernFou Common TemMauve Royal TernMoien Brown NoddyRale Sora RailCascambol Purple GallinulePoule Dleau Water FowlNo LocaJ. Name Caribbean CootPeregrin Duck HawkGri Gri Montagne Pigeon HawkGri Gri Poulet Sparrow HawkMa.lfini La Mer Sea EagleMalfini Chicken HawkCrabier Crab HawkKillee-K.illee Marsh HawkCarnard Bois Black-Bellied DuckSarcelle Blue-Winged TealCanard Sauvage American WigeonFuligue Ring-Necked DuckCanard Nair Lesser ScaupCanard Sauvage Ruddy DuckCrabier Great Blue HeronCrabier Blanc Common EgretCrabier Ia Nuit Black-Crowned HeronCaiallee Green HeronCraber Nois Blue HeronGrade Boeuf Cattle Egret
