Royal arms

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.

WHEREAS a Convention on International Trade in endangered Species of Wild Fauna and Flora (in this Act referred to as the Convention) was signed at Washington on 3rd March 1973, was presented to Parliament in November 1973 and came into force in the United Kingdom on 31st October 1976:

And whereas it is expedient to give effect in the United Kingdom to the restrictions on international trade contained in the Convention and to make certain other provisions in connection with the conservation of endangered animals and plants:

Now, therefore, be it enacted by 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:—

1Restriction 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 M1Customs and Excise Act 1952.

2Scientific 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.

3Power 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.

4Offence 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 M2Customs 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.

5Power 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.

6Restriction 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 M3Criminal Procedure (Scotland) Act 1975 shall have effect as it has effect for the purposes of that section.

7Provisions 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.

8Offences 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.

9Extension 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 M4Interpretation 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.

10Financial 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.

11Orders

(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.

12Interpretation

(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.

13Citation, 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 M5Importation of Plumage (Prohibition) Act 1921 and the M6Animals (Restriction of Importation) Act 1964 are hereby repealed.

(6)

In section 7 of the M7Protection 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 1Animals the Importation and Exportation of which are restricted

Sections 1, 3, 5 and 6.

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

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

Diamond dove

Ocyphaps lophotes

Crested bronzewing

Phaps chalcoptera

Common bronzewing

Phaps elegans

Brush bronzewing

Zenaida auriculata

Eared dove

Columbina

} Small America ground doves

Scardefella

Parrots

Trichoglossus haematodus

Rainbow lorikeet

Cacatua sulphurea

Lesser sulphur-crested cockatoo

Cacatua moluccensis

Salmon-crested cockatoo

Cacatua roseicapilla

Galah (otherwise known as roseate cockatoo)

Ara ararauna

Blue and yellow macaw

Ara chloroptera

Red and green macaw

Nandayus nenday

Black-headed conure

Myiopsitta monachus

Monk parakeet (otherwise known as quaker parakeet)

Cyanoliseus patagonus

Patagonian conure

Forpus

Parrotlets

Brotogeris

Small South America parakeets

Poicephalus rueppellii

Ruppell's parrot

Agapornis cana

Madagascan lovebird

Agapornis taranta

Black-winged lovebird

Agapornis roseicollis

Rosy-faced lovebird

Agapornis fischeri

Fischer's lovebird

Agapornis personata

Masked lovebird

Agapornis lilianae

Nyasa lovebird

Agapornis nigrigenis

Black-cheeked lovebird

Loriculus

Hanging parrots

Psittacula eupatria

Alexandrine parrot

Psittacula himalayana

Slaty-headed parrot

Psittacula cyanocephala

Plum-headed parrot

Psittacula roseate

Blossom-headed parrot

Psittacula longicauda

Long-tailed parrot

Psittacula alexandri

Moustached parrot

Amazona aestiva

Blue-fronted Amazon

Amazona ochrocephala

Yellow-headed Amazon

Neophema elegans

Elegant parakeet

Neophema chrysostoma

Blue-winged parakeet

Neophema pulchella

Turquoisine parakeet

Neophema bourkii

Bourke's parakeet

Psephotus haematonotus

Red-rumped parakeet

Platycercus eximius

Northern rosella

Platycercus elegans

Crimson rosella

Nymphicus hollandicus

Cockatiel

Melopsittacus undulatus

Budgerigar

Starlings

Lamprotornis

African glossy starlings

Spreo superbus

Superb starling

Sturnus malabaricus

Malabar starling

Sturnus pagodarum

Pagoda starling

Sturnus roseus

Rose-coloured starling

Sturnus contra

Pied starling

Sturnus burmanicus

Jerdon's starling

Acridotheres

Typical mynahs

Gracula religiosa

Hill mynah

Corvids

Garrulus glandarius

Jay

Garrulus lanceolatus

Lanceolated jay

Cyanocorax yncas

Green jay

Urocissa erythrorhyncha

Red-billed blue magpie

Cissa chinensis

Hunting cissa

Dendrocitta vagabunda

Rufous tree-pie

Corvus

Crows

Babblers

Garrulax albogularis

White-throated laughing-thrush

Garrulax leucolophus

White-crested laughing-thrush

Garrulax monileger

Lesser necklaced laughing-thrush

Garrulax pectoralis

Greater necklaced laughing-thrush

Garrulax rufogularis

Rufous-chinned laughing-thrush

Garrulax canorus

Hwamei laughing-thrush

Garrulax sannio

White-browed laughing-thrush

Garrulax erythrocephalus

Red-headed laughing-thrush

Leiothrix argentauris

Silver-eared mesia

Leiothrix lutea

Pekin robin

Minla cyanouroptera

Blue-winged siva

Heterophasia capistrata

Black-headed sibia

Yuhina

Yuhinas

Bulbuls

Pycnonotus

Typical bulbuls

Leafbirds

Chloropsis aurifrons

Golden-fronted fruitsucker

Irena puella

Fairy bluebird

Thrushes

Copsychus saularis

Asian magpie-robin

Copsychus malabaricus

Shama

Zoothera citrina

Orange-headed ground thrush

Flycatchers

Niltava sundara

Rufous-bellied niltava

Dunnocks

Prunella

Dunnocks

White-eyes

Zosterops palpebrosa

Oriental white-eye

Zosterops senegalensis

Yellow white-eye

Troupials

Icterus icterus

Troupial

Finches

Serinus serinus

Common serin

Any domestic form of Serinus canaria

Canary

Serinus atrogularis

Yellow-rumped seed-eater

Carduelis sinica

Chinese greenfinch

Carduelis spinoides

Himalayan greenfinch

Spinus magellanicus

Black-headed siskin

Carpodacus erythrinus

Common rosefinch (otherwise known as scarlet grosbeak)

Coccothraustes personatus

Japanese grosbeak

Coccothraustes migratorius

Yellow-billed grosbeak

Waxbills

Lagonosticta

Firefinches

Estrilda

Typical waxbills

Uraeginthus

Blue waxbills and violet-ears

Hypargos niveoguttatus

Peter's twinspot

Amandava

Avadavats

Ortygospiza atricollis

Quail finch

Erythrura prasina

Pintailed parrotfinch

Lonchura malabarica

Indian silverbill

Lonchura cantans

African silverbill

Lonchura griseicapilla

Pearl-headed silverbill

Lonchura cucullata

Bronze-winged manikin

Lonchura bicolor

Pied manikin

Lonchura fringilloides

Magpie manikin

Lonchura striata

Striated munia and Bengalese finch

Lonchura punctulata

Spotted munia

Lonchura malacca

Black-headed munia

Lonchura maja

White-headed munia

Lonchura castaneothorax

Chestnut-breasted finch

Aidemosyna modesta

Cherry finch (otherwise known as plum-capped finch)

Amadina erythrocephala

Red-headed finch

Amadina fasciata

Cutthroat

Padda oryzivora

Java sparrow

Emblema guttata

Spotted-sided finch (otherwise known as diamond finch)

Neochmia ruficauda

Star finch

Poephila guttata

Zebra finch

Poephila bichenovii

Double-barred finch

Poephila personata

Masked finch

Poephila acuticauda

Long-tailed finch

Poephila cincta

Black-throated finch (otherwise known as parson's finch)

Chloebia gouldiae

Gouldian finch

Weavers

Passer luteus

Golden sparrow

Petronia xanthocollis

Yellow-throated sparrow

Sporopipes squamifrons

Scaly-crowned weaver

Ploceus philippinus

Baya weaver

Ploceus intermedius

Lesser masked weaver

Ploceus velatus

Greater masked weaver

Ploceus vitellinus

Vitelline masked weaver

Quelea cardinalis

Cardinal quelea

Euplectes anomalus

Bob-tailed wydah

Euplectes diadematus

Fire-fronted bishop

Euplectes gierowii

Black bishop

Euplectes nigroventris

Black-winged bishop

Euplectes aureus

Golden-backed bishop

Euplectes capensis

Yellow-rumped bishop

Euplectes axillaries

Fan-tailed wydah

Euplectes hartlaubi

Marsh bishop

Euplectes albonotatus

White-winged bishop

Euplectes progne

Long-tailed bishop

Euplectes jacksoni

Jackson's bishop

Vidua paradisaea

Paradise wydah

Buntings

Emberiza leucocephala

Pine bunting

Emberiza cia

Rock bunting

Emberiza hortulana

Ortolan bunting

Emberiza tahapisi

Cinnamon-breasted bunting

Emberiza elegans

Yellow-throated bunting

Emberiza aureola

Yellow-breasted bunting

Emberiza flaviventris

African golden-breasted bunting

Emberiza melanocephala

Black-headed bunting

Emberiza bruniceps

Red-headed bunting

Melophus lathami

Crested bunting

Sicalis flaveola

Saffron finch

Tiaris

Grassquits

Paroaria

} Cardinals

Cardinalis

Cyanerpes

Honeycreepers

REPTILES

3

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

Geckos

Hemidactylus brookii

Brook's gecko

Hemidactylus flaviviridis

Hemidactylus frenatus

Bridled house gecko

Hemidactylus mabouia

Moreau's gecko

Hemidactylus turcicus

Turkish gecko

Lygodactylus picturatus

Pachydactylus bibronii

Bibron's clawless gecko

Tarentola mauritanica

Moorish gecko

Thecadactylus rapicauda

Turnip-tailed gecko (otherwise known as top-tailed gecko)

Agamids

Agama agama

Margouillat lizard (otherwise known as rainbow lizard)

Agama atricollis

Black-necked agama

Calotes cristatellus

Londok agama

Calotes versicolor

Harlequin lizard (otherwise known as bloodsucker lizard)

Leiolepis belliana

Bell's agama

Physignathus concinnus

Iguanids

Anolis carolinensis

Carolina anole (otherwise known as green anole)

Tropidurus torquatus

Taraguira lizard (otherwise known as Wied's ring-necked lizard)

Telids

Ameiva ameiva

Surinam lizard

Lacertids

Acanthodactylus boskianus

Daudin's fringe-toed lizard

Acanthodactylus pardalis

Leopard fringe-toed lizard

Lacerta vivipara

Common lizard (otherwise known as viviparous lizard)

Podarcis muralis

Common wall lizard

Podarcis sicula

Italian wall lizard

Cordylids

Cordylus cordylus

Rough-scaled girdled lizard

Gerrhosaurus flavigularis

Yellow-throated plated lizard

Gerrhosaurus major

Gerrhosaurus nigrigularis

Black-throated plated lizard

Platysaurus guttatus

Skinks

Chalcides ocellatus

Ocellated skink

Mabuya mabouya

Raddi's skink

Mabuya multifasciata

Many-banded skink

Mabuya striata

Common two-striped skink

Mabuya varia

Savanna variable skink

Anguids

Anguis fragilis

Slow worm

Typical snakes

Boaedon fulginosus

Common African house-snake

Coluber constrictor

American racer

Coluber viridiflavus

European whip-snake

Drymarchon corais

Indigo snake

Elaphe guttata

Corn snake

Elaphe obsolete

American rat snake

Lampropeltis getulus

Common king snake

Malpolon monspessulana

Montpellier snake

Natrix maura

Viperine snake

Natrix natrix

European grass snake

Natrix rhombifera

Rhomb snake

Natrix sipedon

North American water snake

Natrix tessellata

Tessellated snake (otherwise known as diced snake)

Oxybelis aeneus

American vine snake

Oxybelis fulgidus

Philothammus semivariegatus

Spalerosophis diadema

Clifford's snake

Thamnophis sauritus

Ribbon snake

Thamnophis sirtalis

Common garter snake

Terrapins

Chrysemys picta

Painted terrapin

Chrysemys scripta elegans (otherwise known as Pseudemys scripta elegans)

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

Shortnose sturgeon

Acipenser fulvescens

Lake sturgeon

Acipenser oxyrhynchus

Atlantic sturgeon

Acipenser sturio

Common sturgeon

Bonytongues

Arapaima gigas

Arapaima

Scleropages formosus

Asiatic bonytongue

Salmon

Coregonus alpenae

Longjaw cisco

Salmo chrysogaster

Mexican golden trout

Stenodus leucichthys leucichthys

Inconnu

Carp and suckers

Chasmistes cujus

Cui-ui

Plagopterus argentissimus

Woundfin

Probarbus jullieni

Ikan temoleh

Ptychocheilus lucius

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 2Plants the Importation and Exportation of Which are Restricted

Sections 1 and 133.

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 3Items the Importation and Exportation of Which are Restricted

Sections 1, 3 and 4.

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.