Endangered Species (Import and Export) Act 1976

1976 CHAPTER 72

An Act to restrict the importation and exportation of certain animals, plants and items and to restrict certain transactions in respect of them or their derivatives; to confer on the Secretary of State power to restrict by order the places at which live animals may be imported; to restrict the movement after importation of certain live animals; and for connected purposes.

[22nd November 1976]

Be it enactedby the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Restriction of importation and exportation of certain animals and plants

(1) Subject to subsection (2) below, the importation and the exportation of the following things are hereby prohibited, namely—

(a) a live or dead animal of any of the kinds to which Schedule 1 to this Act for the time being applies;

(b) a live or dead plant of any of the kinds to which Schedule 2 to this Act for the time being applies;

(c) an item to which Schedule 3 to this Act for the time being applies.

(2) Subsection (1) above does not apply to the importation or exportation of anything under and in accordance with the terms of a licence issued by the Secretary of State.

(3) The Secretary of State shall submit any application for a licence under subsection (2) above to whichever one of the scientific authorities (as defined in section 2 below) he considers is the best able to advise him as to whether a licence should be issued in pursuance of the application and, if so, its terms; and, before he issues or declines to issue a licence in pursuance of the application, he shall allow the authority a reasonable time so to advise him.

(4) A licence issued under subsection (2) above—

(a) may be, to any degree, general or specific,

(b) may be modified or revoked at any time by the Secretary of State, and

(c) subject to paragraph (b) above, shall be valid for a period of 12 months commencing with the date the licence is issued or such shorter period as is stated in the licence.

(5) The Secretary of State may charge for the issue of a licence under subsection (2) above such sum (if any) as is for the time being prescribed by order of the Secretary of State.

(6) A person who, for the purpose of obtaining, whether for himself or another, the issue of a licence under subsection (2) above,—

(a) makes a statement or representation which he knows to be false in a material particular,

(b) furnishes a document or information which he knows to be false in a material particular,

(c) recklessly makes a statement or representation which is false in a material particular, or

(d) recklessly furnishes a document or information which is false in a material particular,

shall be liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both.

(7) Where a licence is issued under subsection (2) above and, for the purpose of obtaining its issue, a person commits an offence under subsection (6) above, the licence shall be void.

(8) Where—

(a) any live or dead animal or plant, or

(b) an item to which Schedule 3 to this Act for the time being applies,

is being imported or exported or has been imported or brought to any place for the purpose of being exported, a person commissioned by the Commissioners of Customs and Excise or a person authorised by them may require any person possessing or having control of the animal, plant or item to furnish proof that its importation or exportation is or was not unlawful by virtue of this section ; and if such proof is not furnished to the satisfaction of the said Commissioners the animal, plant or item shall be liable to forfeiture under the Customs and Excise Act 1952.

2 Scientific authorities

(1) The Secretary of State may—

(a) establish any body or bodies, consisting in each case of such members as he may from time to time appoint;

(b) assign to any other body or bodies the duty referred to in subsection (4) below.

(2) Without prejudice to his power under subsection (1) above, the Secretary of State shall, as soon as practicable after this subsection comes into operation,—

(a) establish at least one body under paragraph (a) of subsection (1) above, or

(b) assign to at least one body, under paragraph (b) of that subsection, the duty referred to in subsection (4) below.

(3) A reference in this Act to a scientific authority is a reference to a body which is established under subsection (1) above or to which the duty there referred to is assigned under that subsection.

(4) It shall be the duty of a scientific authority to advise the Secretary of State on any question which he may refer to it, and on any question on which it considers it should offer its advice,—

(a) in connection with the administration of this Act;

(b) generally in connection with the importation and exportation of animals and plants of kinds which appear to him or, as the case may be, the authority to be, or to be likely to become, endangered as a result of international trade, and items derived wholly or partly from animals and plants of those kinds.

(5) In so far as it does not have power to do so apart from this subsection, any scientific authority may publish reports relating to the performance by it of its duty under subsection (4) above.

(6) Before appointing a person to be a member of a scientific authority established under subsection (1)(a) above, the Secretary of State shall consult such persons or bodies, or persons and bodies, as he thinks fit.

(7) The Secretary of State may, to such extent as may be approved by the Treasury, defray or contribute towards the expenses of any scientific authority established under subsection (1)(a) above; and any sums required by the Secretary of State for that purpose shall be paid out of money provided by Parliament.

3 Power to modify Schedules

The Secretary of State may, after consulting any scientific authority or authorities, by order make such modifications in any of the Schedules to this Act as he considers necessary or desirable for any of the following purposes, namely—

(a) to give effect to any amendment to the Convention made in pursuance of its provisions ;

(b) to give effect to the inclusion of anything in or the withdrawal of anything from Appendix III to the Convention (kinds of animals and plants the trade in which a party identifies as needing international control) at the instance of any party to the Convention;

(c) to promote the conservation of animals or plants of any kind which appears to the Secretary of State to be, or to be likely to become, endangered as a result of international trade;

(d) to remove any restriction which is for the time being imposed by virtue of this Act on the importation and exportation of animals or plants of any particular kind or of any particular items and which does not in the opinion of the Secretary of State promote such conservation as is referred to in paragraph (c) above ;

(e) to facilitate the more effective or more convenient administration of any restriction which is for the time being imposed by virtue of this Act on the importation and exportation of animals or plants of any particular kind or of any particular items.

4 Offence to sell etc. things imported contrary to section 1 or their derivatives

(1) Subject to subsection (2) below, a person who sells, offers or exposes for sale, has in his possession for the purpose of sale, or displays to the public,—

(a) anything which has been imported contrary to section 1 above, or

(b) anything which is made wholly or partly from anything referred to in paragraph (a) above and which at the time of the alleged offence (though not necessarily at the time of importation) constitutes an item to which Schedule 3 to this Act for the time being applies,

shall be guilty of an offence ; and in the following provisions of this section a " restricted article " means anything falling within paragraph (a) or (b) above.

(2) A person shall not be guilty of an offence under subsection (1) above with respect to a restricted article if he proves to the satisfaction of the court—

(a) that at the time when it first came into his possession he made such enquiries (if any) as in the circumstances were reasonable in order to ascertain whether it was a restricted article, and

(b) that, at the time the alleged offence was committed, he had no reason to believe that it was a restricted article.

(3) Without prejudice to the generality of subsection (2)(a) above, a person shall be taken to have made such enquiries as are there mentioned if he produces to the court a certificate which was furnished by the person from whom the accused obtained possession of the restricted article (the supplier), which was signed by the supplier or by a person authorised by him, and which states that—

(a) the supplier made enquiries at the time the restricted article came into his possession in order to ascertain whether it was a restricted article, and

(b) the supplier had no reason to believe at the time he relinquished possession of the restricted article to the accused that the article was at that time a restricted article.

(4) A person who furnishes for the purposes of subsection (3) above a certificate which he knows to be false in a material particular, or recklessly furnishes for those purposes a certificate which is false in a material particular, shall be guilty of an offence.

(5) A person guilty of an offence under subsection (1) or (4) above shall be liable—

(a) on summary conviction, to a fine not exceeding £400 ;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

(6) In this section any reference to sale includes references to barter and exchange.

(7) For the purposes of this section a restricted article is displayed to the public if it is displayed to the public generally or any section of it, and (in either case) whether in return for money or otherwise.

(8) For the purposes of any proceedings under section 45 or 304 of the Customs and Excise Act 1952 (penalties for improper importation and evasion of restriction on importation) for an offence in connection with the importation of anything contrary to section 1 above, this section shall not be taken expressly to provide a penalty for that offence.

5 Power to restrict places at which live animals may be imported

(1) If it appears to the Secretary of State desirable to do so for the purpose of assisting the discovery of any importation contrary to section 1 above of any live animal of any of the kinds to which Schedule 1 to this Act for the time being applies, he may make an order under this section relating to any kind of animal.

(2) An order under this section may provide that (subject to such exceptions as may be specified in the order) it is prohibited to do such one or more of the following things as is (or are) specified in the order, that is to say—

(a) to import by sea any live animal of any kind to which the order is expressed to relate ;

(b) to import any such animal by sea unless it is imported at a port or one of the ports specified in the order in relation to animals of that kind ;

(c) to import any such animal by air;

(d) to import any such animal by air unless it is unloaded at an airport or one of the airports specified in the order in relation to animals of that kind ;

(e) to import any such animal by land ;

(f) to import any such animal by land unless it is brought across the boundary into Northern Ireland at a place or one of the places specified in the order in relation to animals of that kind.

(3) Any prohibition or restriction in any order under this section shall not apply to an animal which the Secretary of State authorises to be imported otherwise than in accordance with the order and which is imported in accordance with that authorisation.

(4) In subsection (2) above—

• " airport" means an aerodrome for the time being designated as a customs airport under section 15(5) of the Customs and Excise Act 1952 ;

• " port" means any area for the time being appointed and named under section 13(1) of that Act as a port for the purposes of customs and excise.

6 Restriction of movement of certain live animals after importation

(1) Where a licence under section 1(2) above has been issued or applied for in respect of the importation of a live animal of any of the kinds to which Schedule 1 to this Act for the time being applies and, after consulting one or more of the scientific authorities, the Secretary of State considers that it is desirable to do so, he may give a direction under this section in relation to the animal.

(2) Where a direction has been given under this section in relation to an animal, and has not been revoked by the Secretary of State, the animal shall, immediately after the relevant event, be taken to and subsequently kept at the specified premises until such time as the Secretary of State may require or permit the animal to be moved to other specified premises or revoke the direction.

(3) Where a direction has been given under this section in relation to an animal, and has not been revoked by the Secretary of State, any person who knows or ought to know that a direction has been so given and who—

(a) knowingly takes the animal, or knowingly permits it to be taken, at any time after the relevant event to premises which he knows or ought to know are not at the time of the taking the specified premises ; or

(b) knowingly moves the animal, or knowingly permits it to be moved, at any time after the relevant event, the circumstances of the removal being that—

(i) it is made from premises which he knows or ought to know are at the time of the removal the specified premises, and

(ii) he knows or ought to know that the removal is made in the absence of, or otherwise than in accordance with any condition attached to, such a requirement or permission as is referred to in subsection (2) above; or

(c) knowingly keeps the animal at any time after the relevant event at premises which are occupied by him and which he knows or ought to know are not at the time of the keeping the specified premises,

shall be liable on summary conviction to a fine not exceeding £400.

(4) In this section " relevant event" means, in relation to an animal, whichever of the following occurs later:—

(a) the completion by the animal of any period of detention (whether in quarantine or otherwise) in accordance with any provision made by or under any enactment, being detention connected with the importation in respect of which the direction concerned was given ;

(b) the departure of the animal from any premises connected with the importation in respect of which the direction concerned was given.

(5) In this section " specified premises " means, in relation to an animal, such premises as are for the time being (and in whatever manner) specified in relation to that animal by the Secretary of State for the purposes of this section.

(6) Proceedings for an offence under subsection (3) above may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.

(7) For the purposes of subsection (6) above—

(a) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and

(b) a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

(8) In the application of this Act to Scotland—

(a) subsections (6) and (7) above shall not apply;

(b) proceedings for an offence under subsection (3) above may be commenced at any time within six months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify a prosecution comes to his knowledge, or where such evidence is reported to him by the Secretary of State within six months after the date on which it came to the knowledge of the Secretary of State; but no such proceedings shall be commenced by virtue of this section more than three years after the commission of the offence ;

(c) for the purposes of paragraph (b) above—

(i) a certificate purporting to be signed by or on behalf of the Lord Advocate or the Secretary of State, as the case ma; be, stating the date on which such evidence as aforesaid came to their knowledge shall be conclusive evidence of that fact; and

(ii) subsection (3) of section 331 of the Criminal Procedure (Scotland) Act 1975 shall have effect as it has effect for the purposes of that section.

7 Provisions supplementary to section 6

(1) Before he specifies any premises for the purposes of section 6 above or revokes a direction given under that section, the Secretary of State shall consult one or more of the scientific authorities.

(2) The Secretary of State shall not specify any premises for those purposes unless they are such that in his opinion the animal in relation to which he proposes to give, or has given, a direction under section 6 above may suitably be kept there.

(3) Any person duly authorised in writing by the Secretary of State may, at any reasonable time and (if required to do so) upon producing evidence that he is so authorised, enter any premises which are for the time being specified in relation to any animal for the purposes of section 6 above for one or both of the following purposes:—

(a) in order to enable the Secretary of State to decide whether the premises remain such that in his opinion the animal may suitably be kept there ;

(b) in order to ascertain whether the animal is being kept on the premises.

(4) Any person who wilfully obstructs a person acting under subsection (3) above shall be liable on summary conviction to a fine not exceeding £400.

8 Offences by corporations

Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. In this section " director ", in relation to a body corporate established by or under any enactment for the purpose of carrying on under public ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

9 Extension to British possessions etc.

(1) Her Majesty may by Order in Council direct that all or any of the provisions of this Act shall extend, subject to such exceptions, adaptations and modifications, if any, as may be specified in the Order, to any of the following countries, namely—

(a) any colony other than one for whose external relations a country other than the United Kingdom is responsible;

(b) any country outside Her Majesty's dominions in which Her Majesty has jurisdiction in right of Her Majesty's Government in the United Kingdom.

(2) Without prejudice to section 37 of the Interpretation Act 1889 (which relates to the exercise of statutory powers between the passing and the commencement of an Act conferring them) an Order under subsection (1) above may be made so as to come into operation at any time before this Act comes into operation in the United Kingdom.

(3) An Order under this section may be varied or revoked by a subsequent Order thereunder.

10 Financial provisions

(1) There shall be paid out of money provided by Parliament—

(a) the expenses of any government department in respect of the administration of this Act;

(b) any increase attributable to this Act in the sums so payable under any other Act.

(2) Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

11 Orders

(1) An order under any of the relevant provisions may be varied or revoked by a subsequent order under the provision concerned.

(2) The power conferred by each of the relevant provisions to make an order shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) In this section " the relevant provisions " means sections 1(5), 3 and 5 above.

12 Interpretation

(1) For the purposes of this Act an individual of the family Hominidae (man) is not an animal.

(2) In this Act a reference to a dead animal of any particular kind includes a reference to the body of an animal of that kind—

(a) which is frozen, dried or preserved by chemicals, or

(b) which, although not complete (whether because it has been eviscerated or because it has had the whole of its inside removed and has been stuffed, or for any other reason), is substantially complete and externally substantially resembles the complete body of an animal of the kind concerned.

(3) In this Act a reference to a dead plant of any particular kind includes a reference to a plant of that kind—

(a) which is frozen, dried or preserved by chemicals, or

(b) which, although for any reason not complete, is substantially complete and externally substantially resembles a complete dead plant of the kind concerned.

(4) In this Act " enactment" includes an enactment of the Parliament of Northern Ireland or of the Northern Ireland Assembly and an Order in Council having the same effect as such an enactment.

(5) Except in so far as the context otherwise requires, a reference in this Act to any other enactment is a reference to that enactment as amended, and includes a reference to it as extended or applied, by or under any other enactment, including this Act.

13 Citation, commencement, repeals, extent, etc.

(1) This Act may be cited as the Endangered Species (Import and Export) Act 1976.

(2) In the application of this Act to Northern Ireland, for the references to the Secretary of State in sections 1(2), (3) and (4), 2(4), 5(3), 6 and 7 and for the first reference to him in section 1(5) there shall be substituted references to the Department of Agriculture for Northern Ireland.

(3) Subject to subsection (4) below, this Act shall come into operation on such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be appointed in pursuance of this subsection for different provisions of this Act and for such different purposes of the same provision as may be specified in the order.

(4) Any provision of this Act not previously brought into operation, or not previously brought into operation for a particular purpose, shall come into operation or, as the case may be, shall come into operation for that purpose on the expiry of the period of 6 months beginning with the day on which this Act is passed.

(5) The Importation of Plumage (Prohibition) Act 1921 and the Animals (Restriction of Importation) Act 1964 are hereby repealed.

(6) In section 7 of the Protection of Birds Act 1954 (restrictions on importation of certain wild birds and eggs) subsection (1) and paragraph (a) of subsection (2) are hereby repealed; and accordingly in paragraph (b) of subsection (2) for " such a licence as aforesaid " there shall be substituted

“a licence granted under section ten of this Act”and the word " other " (wherever it occurs) is hereby repealed.

(7) This Act extends to Northern Ireland.

Schedules

Schedule 1 Animals the Importation and Exportation of which are restricted

This Schedule applies to the following kinds of animal, namely:—

Part I

MAMMALS

1 All kinds of mammal except the kinds specified in the first column below—

Excepted kind	Common name or names
Marsupials
Macropus giganteus	Eastern grey kangaroo
Macropus fuliginosus	Western grey kangaroo
Insectivores
Talpa europaea	Common European mole
Primates
Macaca rhesus	Rhesus monkey
Macaca nemestrina	Pig-tailed monkey
Rabbits and hares
Lepus capensis	Brown hare
Oryctolagus cuniculus	European rabbit (otherwise known as domestic rabbit)
Rodents
Sciurus carolinensis	Grey squirrel
Sciurus vulgaris	Eurasian red squirrel
Castor canadensis	Canadian beaver
Rattus norvegicus	Common rat (otherwise known as laboratory rat)
Rattus rattus	Ship rat (otherwise known as black rat)
Mus musculus	House mouse (otherwise known as laboratory mouse)
Meriones unguiculatus	Clawed jird (otherwise known as Mongolian gerbil)
Any domestic form of Mesocricetus auratus	Domestic golden hamster
Any domestic form of Ondatra zibethicus	Domestic muskrat (otherwise known as musquash)
Cavia porcellus	Domestic guinea pig
Any domestic form of Chinchilla laniger	Domestic chinchilla
Myocastor coypus	Domestic coypu (otherwise known as nutria)
Carnivores
Canis familiaris	Domestic dog
Vulpes vulpes	Common for and silver fox
Alopex lagopus	Arctic fox
Procyon lotor	North American raccoon
Procyon cancrivorus	Crab-eating raccoon
Mustela vison	North American mink
Mustela furo	Domestic ferret
Martes zibellina	Sable
Felis catus	Domestic cat
Seals
Callorhinus ursinus	Northern fur seal
Odd-toed ungulates
Equus caballus	Domestic horse
Equus asinus	Domestic donkey
Equus caballus x asinus	Mule and hinny
Even-toed ungulates
Any domestic form of Sus scrofa	Domestic pig
Lama glama	Domestic llama
Lama pacos	Domestic alpaca
Any domestic form of Camelus bactrianus	Domestic bactrian camel
Camelus dromedarius	Arabian camel
Dama dama	European fallow deer
Any domestic form of Rangifer tarandus	Domestic reindeer
Any domestic form of Bubalus bubalis	Domestic water buffalo
Bos taurus	Domestic ox
Bos indicus	Domestic zebu
Bos frontalis	Domestic gayal
Any domestic form of Bos grunniens	Domestic yak
Any domestic form of Capra hircus	Domestic goat
Ovis aries	Domestic sheep

BIRDS

2 All kinds of bird except the kinds specified in the first column below—

Waterfowl
Any domestic form of Anser anser	Domestic goose
Any domestic form of Anser cygnoides	Chinese goose
Any domestic form of Cairina moschata	Muscovy duck
Any domestic form of Anas platyrhynchos	Domestic duck
Excepted kind	Common name or names
Gamebirds
Perdix perdix	Common partridge
Alectoris	Partridges
Lophortyx californica	California quail
Colinus virginianus	Bobwhite quail
Coturnix	Quails
Excalfactoria chinensis	Painted quail (otherwise known as blue-breasted quail)
Bambusicola thoracica	Bamboo partridge
Gallus gallus	Red junglefowl and domestic fowl
Rollulus roulroul	Roulroul partridge
Phasianus colchicus	Common pheasant (otherwise known as ring-necked pheasant)
Phasianus versicolor	Green pheasant
Lophura nycthemera	Silver pheasant
Syrmaticus reevesi	Reeve's pheasant
Chrysolophus	Golden pheasants and Lady Amherst's pheasants
Pavo cristatus	Indian peacock (otherwise known as blue peacock)
Numida	Spotted guineafowls
Guttera
Acryllium
Any domestic form of Meleagris gallopavo	Turkey
Cranes
Grus antigone	Sarus crane
Balearica pavonina	Crowned crane
Button quails
Turnix	Button quails
Rails
Laterallus leucopyrrhus	Red and white crake
Pigeons and doves
Columba livia	Domestic pigeon
Streptopelia orientalis	Rufous turtle dove
Streptopelia bitorquata	Javanese turtle dove
Streptopelia decaocto	Collared dove
Streptopelia capicola	Ring-necked dove (otherwise known as Cape dove)
Streptopelia tranquebarica	Red turtle dove
Streptopelia chinensis	Spotted dove
Turtur chalcospilos	Green-spotted wood dove
Chalcophaps indica	Green-winged dove
Geopelia striata	Barred dove
Geopelia cuneata Ocyphaps lophotes Phaps chalcoptera Phaps elegans Zenaida auriculata	Diamond dove Crested bronzewing Common bronzewing Brush bronzewing Eared dove
Columbina	Small America ground doves
Scardefella
Parrots
Trichoglossus haematodus Cacatua sulphurea Cacatua moluccensis Cacatua roseicapilla	Rainbow lorikeet Lesser sulphur-crested cockatoo Salmon-crested cockatoo Galah (otherwise known as roseate cockatoo)
Ara ararauna Ara chloroptera Nandayus nenday Myiopsitta monachus	Blue and yellow macaw Red and green macaw Black-headed conure Monk parakeet (otherwise known as quaker parakeet)
Cyanoliseus patagonus Forpus Brotogeris Poicephalus rueppellii Agapornis cana Agapornis taranta Agapornis roseicollis Agapornis fischeri gapornis personata Agapornis lilianae Agapornis nigrigenis Loriculus Psittacula eupatria Psittacula himalayana Psittacula cyanocephala Psittacula roseate Psittacula longicauda Psittacula alexandri Amazona aestiva Amazona ochrocephala Neophema elegans Neophema chrysostoma Neophema pulchella Neophema bourkii Psephotus haematonotus Platycercus eximius Platycercus elegans Nymphicus hollandicus Melopsittacus undulatus	Patagonian conure Paxrotlets Small South America parakeets Ruppell's parrot Madagascan lovebird Black-winged lovebird Rosy-faced lovebird Fischer's lovebird Masked lovebird Nyasa lovebird Black-cheeked lovebird Hanging parrots Alexandrine parrot Slaty-headed parrot Plum-headed parrot Blossom-headed parrot Long-tailed parrot Moustached parrot Blue-fronted Amazon Yellow-headed Amazon Elegant parakeet Blue-winged parakeet Turquoisine parakeet Bourke's parakeet Red-rumped parakeet Northern rosella Crimson rosella Cockatiel Budgerigar
Starlings
Lamprotornis Spreo superbus	African glossy starlings Superb starling
Sturnus malabaricus Sturnus pagodarum Sturnus roseus Sturnus contra Sturnus burmanicus Acridotheres Gracula religiosa	Malabar starling Pagoda starling Rose-coloured starling Pied starling Jerdon's starling Typical mynahs Hill mynah
Corvids
Garrulus glandarius Garrulus lanceolatus Cyanocorax yncas Urocissa erythrorhyncha Cissa chinensis Dendrocitta vagabunda Corvus	Jay Lanceolated jay Green jay Red-billed blue magpie Hunting cissa Rufous tree-pie Crows
Babblers
Garrulax albogularis Garrulax leucolophus Garrulax monileger Garrulax pectoralis Garrulax rufogularis Garrulax canorus Garrulax sannio Garrulax erythrocephalus Leiothrix argentauris Leiothrix lutea Minla cyanouroptera Heterophasia capistrata Yuhina	White-throated laughing-thrush White-crested laughing-thrush Lesser necklaced laughing-thrush Greater necklaced laughing-thrush Rufous-chinned laughing-thrush Hwamei laughing-thrush White-browed laughing-thrush Red-headed laughing-thrush Silver-eared mesia Pekin robin Blue-winged siva Black-headed sibia Yuhinas
Bulbuls
Pycnonotus	Typical bulbuls
Leafbirds
Chloropsis aurifrons Irena puella	Golden-fronted fruitsucker Fairy bluebird
Thrushes
Copsychus saularis Copsychus malabaricus Zoothera citrina	Asian magpie-robin Shama Orange-headed ground thrush
Flycatchers
Niltava sundara	Rufous-bellied niltava
Dunnocks
Prunella	Dunnocks
White-eyes
Zosterops palpebrosa Zosterops senegalensis	Oriental white-eye Yellow white-eye
Troupials
Icterus icterus	Troupial
Finches
Serinus serinus Any domestic form of Serinus canaria	Common serin Canary
Serinus atrogularis Carduelis sinica Carduelis spinoides Spinus magellanicus Carpodacus erythrinus	Yellow-rumped seed-eater Chinese greenfinch Himalayan greenfinch Black-headed siskin Common rosefinch (otherwise known as scarlet grosbeak)
Coccothraustes personatus Coccothraustes migratorius	Japanese grosbeak Yellow-billed grosbeak
Waxbills
Lagonosticta Estrilda Uraeginthus Hypargos niveoguttatus Amandava Ortygospiza atricollis Erythrura prasina Lonchura malabarica Lonchura cantans Lonchura griseicapilla Lonchura cucullata Lonchura bicolor Lonchura fringilloides Lonchura striata	Firefinches Typical waxbills Blue waxbills and violet-ears Peter's twinspot Avadavats Quail finch Pintailed parrotfinch Indian silverbill African silverbill Pearl-headed silverbill Bronze-winged manikin Pied manikin Magpie manikin Striated munia and Bengalese finch
Lonchura punctulata Lonchura Malacca Lonchura maja Lonchura castaneothorax Aidemosyna modesta	Spotted munia Black-headed munia White-headed munia Chestnut-breasted finch Cherry finch (otherwise known as plum-capped finch)
Amadina erythrocephala Amadina fasciata Padda oryzivora Emblema guttata	Red-headed finch Cutthroat Java sparrow Spotted-sided finch (otherwise known as diamond finch)
Neochmia ruficauda Poephila guttata Poephila bichenovii Poephila personata	Star finch Zebra finch Double-barred finch Masked finch
Poephila acuticauda Poephila cincta	Long-tailed finch Black-throated finch (otherwise known as parson's finch)
Chloebia gouldiae	Gouldian finch
Weavers
Passer luteus Petronia xanthocollis Sporopipes squamifrons Ploceus philippinus Ploceus intermedius Ploceus velatus Ploceus vitellinus Quelea cardinalis Euplectes anomalus Euplectes diadematus Euplectes gierowii Euplectes nigroventris Euplectes aureus Euplectes capensis Euplectes axillaries Euplectes hartlaubi Euplectes albonotatus Euplectes progne Euplectes jacksoni Vidua paradisaea	Golden sparrow Yellow-throated sparrow Scaly-crowned weaver Baya weaver Lesser masked weaver Greater masked weaver Vitelline masked weaver Cardinal quelea Bob-tailed wydah Fire-fronted bishop Black bishop Black-winged bishop Golden-backed bishop Yellow-rumped bishop Fan-tailed wydah Marsh bishop White-winged bishop Long-tailed bishop Jackson's bishop Paradise wydah
Buntings
Emberiza leucocephala Emberiza cia Emberiza hortulana Emberiza tahapisi Emberiza elegans Emberiza aureola Emberiza flaviventris Emberiza melanocephala Emberiza bruniceps Melophus lathami Sicalis flaveola Tiaris	Pine bunting Rock bunting Ortolan bunting Cinnamon-breasted bunting Yellow-throated bunting Yellow-breasted bunting African golden-breasted bunting Black-headed bunting Red-headed bunting Crested bunting Saffron finch Grassquits
Paroaria	Cardinals
Cardinalis
Cyanerpes	Honeycreepers

REPTILES

3 All kinds of reptile except the kinds specified in the first column below—

Geckos
Hemidactylus brookii Hemidactylus flaviviridis	Brook's gecko
Hemidactylus frenatus	Bridled house gecko
Hemidactylus mabouia Hemidactylus turcicus Lygodactylus picturatus	Moreau's gecko Turkish gecko
Pachydactylus bibronii Tarentola mauritanica Thecadactylus rapicauda	Bibron's clawless gecko Moorish gecko Turnip-tailed gecko (otherwise known as top-tailed gecko)
Agamids
Agama agama	Margouillat lizard (otherwise known as rainbow lizard)
Agama atricollis Calotes cristatellus Calotes versicolor	Black-necked agama Londok agama Harlequin lizard (otherwise known as bloodsucker lizard)
Leiolepis belliana Physignathus concinnus	Bell's agama
Iguanids
Anolis carolinensis	Carolina anole (otherwise known as green anole)
Tropidurus torquatus	Taraguira lizard (otherwise known as Wied's ring-necked lizard)
Teiids
Ameiva ameiva	Surinam lizard
Lacertids
Acanthodactylus boskianus Acanthodactylus pardalis Lacerta vivipara	Daudin's fringe-toed lizard Leopard fringe-toed lizard Common lizard (otherwise known as viviparous lizard)
Podarcis muralis Podarcis sicula	Common wall lizard Italian wall lizard
Cordylids
Cordylus cordylus Gerrhosaurus flavigularis Gerrhosaurus major	Rough-scaled girdled lizard Yellow-throated plated lizard
Gerrhosaurus nigrigularis Platysaurus guttatus	Black-throated plated lizard
Skinks
Chalcides ocellatus Mabuya mabouya Mabuya multifasciata Mabuya striata Mabuya varia	Ocellated skink Raddi's skink Many-banded skink Common two-striped skink Savanna variable skink
Anguids
Anguis fragilis	Slow worm
Typical snakes
Boaedon fulginosus Coluber constrictor Coluber viridiflavus Drymarchon corais Elaphe guttata Elaphe obsolete Lampropeltis getulus Malpolon monspessulana Natrix maura Natrix natrix Natrix rhombifera Natrix sipedon Natrix tessellata	Common African house-snake American racer European whip-snake Indigo snake Corn snake American rat snake Common king snake Montpellier snake Viperine snake European grass snake Rhomb snake North American water snake Tessellated snake (otherwise known as diced snake)
Oxybelis aeneus	American vine snake
Oxybelis fulgidus Philothammus semivariegatus
Spalerosophis diadema Thamnophis sauritus Thamnophis sirtalis	Clifford's snake Ribbon snake Common garter snake
Terrapins
Chrysemys picta Chrysemys scripta elegans (otherwise known as Pseudemys scripta elegans)	Painted terrapin Red-eared terrapin
Mauremys caspica leprosa (otherwise known as Clemmys caspica leprosa)	Spanish terrapin
Snapping turtles
Chelydra serpentina	Common snapping turtle

AMPHIBIANS

4 All kinds of amphibian except the kinds specified in the first column below—

Mole salamanders
Ambystoma maculatum	American spotted salamander
Ambystoma tigrinum	Tiger salamander
Newts
Salamandra salamandra	European spotted salamander
Triturus cristatus	Crested newt (otherwise known as warty newt)
Triturus helveticus	Palmate newt
Triturus vulgaris	Common newt (otherwise known as smooth newt)
Tongue-less frogs
Xenopus laevis	African clawed toad
Fire bellies and midwives
Bombina variegata	Yellow-bellied toad
Discoglossus pictus	Painted frog
True toads
Atelopus ignescens
Bufo bufo	European common toad
Bufo marinus	Giant toad
Bufo melanostictus	Asian common toad
Bufo regularis	African square-marked toad
Bufo viridis	Green toad
Narrow-mouthed frogs
Kaloula pulchra	Malayan bullfrog
True frogs
Pyxicephalus delalandei (otherwise known as Rana delalandei)	Delaland's burrowing frog
Rana angolensis	Angola frog
Rana cancrivora	Mangrove frog
Rana catesbeiana	American bullfrog
Rana chalconota
Rana esculenta	Edible frog
Rana ridibunda	Marsh frog
Rana temporaria	Common European frog
Rhacophorine tree frogs
Polypedetes leucomystax (otherwise known as Rhacophorus leucomystax)	Malayan tree frog
Sedge frogs
Hyperolius concolor	Hallowe's tree frog
Hyperolius nasutus
Hyperolius picturatus
Hyperolius pusillus
Arrow-poison frogs
Dendrobates auratus
Dendrobates histrionicus
Paradoxical frogs
Pseudis paradoxa	Paradoxical frog
Hylid tree frogs
Hyla boans	Giant tree frog
Hyla cinerea	American green tree frog
Hyla crepitans
Hyla crucifer	Spring peeper frog
Hyla meridonalis	Stripeless European tree frog
Hyla nasica
Hyla rubra	Daudin's tree frog
Hyla versicolor
Phrynohyas venulosa	Warty tree frog
Similisca baudini	Mexican tree frog

Part II

FISH

5 The kinds of fish specified in the first column below—

Restricted kind	Common name or names
Sturgeons
Acipenser brevirostrum Acipenser fulvescens Acipenser oxyrhynchus Acipenser sturio	Shortnose sturgeon Lake sturgeon Atlantic sturgeon Common sturgeon
Bonytongues
Arapaima gigas Scleropages formosus	Arapaima Asiatic bonytongue
Salmon
Coregonus alpenae Salmo chrysogaster Stenodus leucichthys leucichthys	Longjaw cisco Mexican golden trout Inconnu
Carp and suckers
Chasmistes cujus Plagopterus argentissimus Probarbus jullieni Ptychocheilus lucius	Cui-ui Woundfin Ikan temoleh Colorado squawfish
Toothcarp
Cynolebias constanciae	Annual killifish
Cynolebias marmoratus
Cynolebias minimus
Cynolebias opalescens
Cynolebias splendens
Xiphophorus couchianus	Monterrey platyfish
Coelacanths
Latimeria chalumnae	Coelacanth
Australian lungfish
Neoceratodus forsteri	Australian lungfish
Catfish
Pangasianodon gigas	Giant catfish
Perch
Stizostedion vitreum glaucum	Blue walleye

INSECTS

6 The kind of insect specified in the first column below—

Restricted kind	Common name
Butterflies
Parnassius apollo apollo	Apollo butterfly

MOLLUSCS

7 The kinds of mollusc specified below—

Restricted kind
Freshwater mussels
Conradilla caelata Cyprogenia aberti Dromus dromas Epioblasma florentina curtisi (otherwise known as Dysnomia florentina curtisi) Epioblasma florentina florentina (otherwise known as Dysnomia florentina florentina) Epioblasma sampsoni (otherwise known as Dysnomia sampsoni) Epioblasma sulcata perobliqua (otherwise known as Dysnomia sulcata perobliqua) Epioblasma torulosa gubernaculum (otherwise known as Dysnomia torulosa gubernaculum) Epioblasma torulosa rangiana (otherwise known as Dysnomia torulosa rangiana) Epioblasma torulosa torulosa (otherwise known as Dysnomia torulosa torulosa) Epioblasma turgidula (otherwise known as Dysnomia turgidula) Epioblasma walkeri (otherwise known as Dysnomia walkeri) Fusconaia cuneolus Fusconaia edgariana Fusconaia subrotunda Lampsilis brevicula Lampsilis higginsi Lampsilis orbiculata orbiculata Lampsilis satura Lampsilis virescens Lexingtonia dolabelloides Plethobasis cicatricosus Plethobasis cooperianus Pleurobema clava Pleurobema plenum Potamilus capax (otherwise known as Proptera capax) Quadrula intermedia Quadrula sparsa Toxolasma cylindrella (otherwise known as Carunculina cylindrella) Unio nickliniana (otherwise known as Megalonaias nickliniana) Unio tampicoenis tecomatensis (otherwise known as Lampsilis tampicoenis tecomatensis) Villosa trabalis (otherwise known as Micromya trabalis)
Land snails
Papustyla pulcherrima (otherwise known as Papuina pulcherrima) Paraphanta
Freshwater snails
Coahuilix hubbsi Cochliopina milleri Durangonella coahuilae Mexipyrgus carranzae Mexipyrgus churinceanus Mexipyrgus escobedae Mexipyrgus lugoi Mexipyrgus mojarralis Mexipyrgus multilineatus Mexithauma quadripaludium Nymphophilus minckleyi Paludiscala caramba

Note: The second column of this Schedule gives a common name or names, where available, and is included by way of guidance only; in the event of any dispute or proceedings, only the first column is to be taken into account.

Schedule 2 Plants the Importation and Exportation of Which are Restricted

This Schedule applies to the kinds of plant specified in the second column below—

Family	Kind
Apocynaceae	Pachypodium
Araceae	Alocasia sanderana Alocasia zebrina
Araliaceae	Panax quinquefolius
Araucariaceae	Araucaria araucana
Cactaceae	Cactaceae
Caryocaraceae	Caryocar costari cense
Caryophyllaceae	Gymnocarpos przewalskii Melandrium mongoliciun Silene mongolica Stellaria pulvinata
Compositae	Saussurea lappa
Cupressaceae	Fitzroya cupressoides Pilgerodendron uviferum
Cyatheaceae	Cyatheaceae
Cycadaceae	Cycadaceae
Dicksoniaceae	Dicksoniaceae
Dioscoreaceae	Dioscoreaceae
Dioscoreaceae	Dioscorea deltoidea
Euphorbiaceae	Any species of the genus Euphorbia which is a succulent
Fagaceae	Quercus copeyensis
Gentianaceae	Prepusa hookeriana
Gnetaceae	Gnetum montanum
Humiriaceae	Vantanea barbourii
Juglandaceae	Engelhardtia pteroearpa
Leguminosae	Ammopiptanthus mongolicus Cynometra hemitomophylla Platymiscium pleiostachyum Tachigalia versicolor Thermopsis mongolica
Liliaceae	Aloe
Magnoliaceae	Talauma hodgsonii
Melastomataceae	Lavoisiera itambana
Meliaceae	Guarea longipetiola Swietenia humilis
Moraceae	Batocarpus costaricensis
Orchidaceae	Orchidaceae
Palmae	Areca ipot Phoenix hanceana var philippinensis Zalacca clemensiana
Papaveraceae	Meconopsis regia
Pinaceae	Abies guatemalensis Abies nebrodensis
Podocarpaceae	Podocarpus costalis Podocarpus nerifolius Podocarpus parlatorei
Portulacaceae	Anacampseros
Primulaceae	Cyclamen
Proteaceae	Orothamnus zeyheri Protea odorata
Rubiaceae	Balmea stormae
Saxifragaceae (Grossulariaceae)	Ribes sardoum
Solanaceae	Solanum sylvestre
Stangeriaceae	Stangeriaceae
Sterculiaceae	Basiloxylon excelsum
Tetracentraceae	Tetracentron
Ulmaceae	Celtis aetnensis
Verbenaceae	Caryopteris mongolica
Welwitschiaceae	Welwitschiaceae
Zamiaceae	Zamiaceae
Zingiberaceae	Hedychium philippinense
Zygophyllaceae	Guaiacum sanctum.

Schedule 3 Items the Importation and Exportation of Which are Restricted

This Schedule applies to the following items, namely:—

1 Whale meat and whale offals.

2 Whalebone, if unworked or simply prepared, and hair and waste of whalebone.

3 Whale fat and whale oil (other than sperm oil), whether or not refined or modified.

4 Whalemeat extracts and whalemeat juices.

5 Any tusk (if unworked or simply prepared) of any of the following animals, namely—

(a) any animal of the family Elephantidae (elephants);

(b) any animal of the family Suidae (pigs) ;

(c) any animal of the species Monodon monoceros (narwhal);

(d) any animal of the species Odobenus rosmarus (walrus);

and any part of any such tusk and powder and waste of any tusk of any of the animals referred to in sub-paragraphs (a) to (d) of this paragraph.

6 The horn of any animal of the family Rhinocerotidae (rhinoceroses), if unworked or simply prepared, any part of any such horn and powder and waste of any horn of any such animal.

7 Any tooth of any animal, if unworked or simply prepared, any part of any such tooth and powder and waste of any tooth of any animal.

8 The stuffed head, or the skull together with the skin covering it, of any animal of any of the families Elephantidae (elephants) and Rhinocerotidae (rhinoceroses).

9 (1) Any furskin of a defined animal, if raw, tanned or dressed.

(2) Tanned or dressed furskins of a defined animal or defined animals which are assembled in plates, rectangles, crosses, trapeziums or otherwise.

(3) Any piece or cutting (including the head, tail and any paw) of any furskin of a defined animal.

(4) Any rug, coverlet, coat, jacket, cape or stole made wholly or partly of any furskin of a defined animal (except where the furskin is trimming only).

(5) In this paragraph a defined animal means—

(a) any animal of any of the following genera, namely—

Aonyx (clawless otters) Genetta (genets) Lutra (common otters) Paradoxurus (palm civets) Paraonyx (clawless otters) Viverra (civets);

(b) any animal of any of the following species, namely—

Acinonyx jubatus (cheetah) Amblonyx cinerea (oriental small-clawed otter) Arctogalidia trivirgata (small toothed palm civet) Chrotogale owstoni (Owston's banded civet) Crocuta crocuta (spotted hyaena) Enhydra lutris (sea otter) Felis bengalensis (leopard cat) Felis colocolo (pampas cat) Felis geoffroyi (Geoffroy's cat) Felis guigna (kodkod) Felis jacobita (mountain cat) Felis marmorata (marbled cat) Felis nigripes (African black footed cat) Felis pardalis (ocelot) Felis planiceps (flat headed cat) Felis rubiginosa (rusty spotted cat) Felis serval (serval) Felis silvestris (European wild cat) Felis tigrina (little spotted cat) Felis viverrina (fishing cat) Felis wiedii (margay cat) Fossa fossa (Malagasy civet) Hemigalus derbyanus (banded palm civet) Hyaena brunnea (brown hyaena) Lutrogale perspicillata (smooth-coated otter) Mungos mungo (banded mongoose) Panthera nebulosa (clouded leopard) Panthera onca (jaguar) Panthera pardus (leopard) Panthera tigris (tiger) Panthera uncia (snow leopard) Poiana richardsoni (African linsang) Pteronura brasiliensis (giant otter) Ursus maritimus, otherwise known as Thalarctos maritimus (polar bear) Vicugna vicugna (vicugna) Viverricula indica (small Indian civet);

(c) any animal of the sub-species Felis lynx pardina (Spanish lynx).

10 The skin and scales of any animal of the family Manidae (pangolins).

11 Hair, whether or not carded or combed, of any animal of the species Vicugna vicugna (vicugna).

12 Yarn made wholly or partly of hair of any animal of the species Vicugna vicugna (vicugna).

13 Fabric made wholly or partly of hair of any animal of the species Vicugna vicugna (vicugna) and any coat or jacket made wholly or partly of any such fabric.

14 Musk derived from any animal of the species Moschus moschiferus (musk deer).

15 The whole or any part of any raw hide or skin, if fresh, salted, dried, pickled or limed and whether or not split, and the leather, of any animal of the class Reptilia (reptiles).

16 The shell and scales, if unworked or simply prepared, the waste of the shell and scales, and the nippers, of any animal of the family Cheloniidae (sea turtles).

17 The meat and cartilage, including callipee and callipash, of any animal of the family Cheloniidae (sea turtles).

18 The whole shell of any animal of the species Papustyla pulcherrima, otherwise known as Papuina pulcherrima (green tree snail).

19 (1) Plumage, that is to say, any feather or feathers, or any skin or any other part with any feather or feathers on it, of any bird or birds, other than excepted plumage.

(2) In sub-paragraph (1) above, excepted plumage means—

(a) plumage which is that only of a bird of any of the following species, namely—

Chrysolophus pictus (golden pheasant) Gallus gallus (red junglefowl and domestic fowl) Phasianus colchicus (common pheasant, otherwise known as ring-necked pheasant) Struthio camelus (ostrich) Sturnus vulgaris (starling);

(b) plumage which is that only of a bird of any domestic form of any of the following species, namely—

Anas platyrhynchos (domestic duck) Anser anser (domestic goose) Anser cygnoides (Chinese goose) Cairina moschata (Muscovy duck) Columba livia (domestic pigeon) Meleagris gallopavo (turkey) Numida meleagris (Guineafowl);

(c) plumage which consists only of the down feathers of any bird of the species Somateria mollissima (eider duck);

(d) plumage which consists only of the train feathers of any bird of the species Pavo cristatus (Indian peacock) ;

(e) plumage none of which falls outside paragraphs (a) to (d) above.

20 Anything made wholly or partly of plumage (within the meaning of paragraph 19 above and subject to the exception there stated).

21 Any egg, whether whole or blown, of any bird other than—

(a) a bird of any of the following species, namely—

Alectoris chukar (chukar) Alectoris rufa (red-legged partridge) Coturnix japonica (Japanese quail) Gallus gallus (red junglefowl and domestic fowl) Perdix perdix (common partridge);

(b) a bird of any domestic form of any of the following species, namely—

Anas platyrhynchos (domestic duck) Anser anser (domestic goose) Anser cygnoides (Chinese goose) Cairina moschata (Muscovy duck) Meleagris gallopavo (turkey) Numida meleagris (Guineafowl).

22 The stem of any plant of any of the families Cyatheaceae and Dicksoniaceae (tree ferns). Note: In this Schedule, any common name which appears in brackets after a scientific name is included by way of guidance only ; in the event of any dispute or proceedings, only the scientific name concerned is to be taken into account.