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Wildlife Resources Management Act, 2023 (Act 1115)

From The Legal and Regulatory Framework of Ghana
Revision as of 18:55, 8 September 2024 by Oblitey (talk | contribs) (→FIRST SCHEDULE)

ARRANGEMENT OF SECTIONS

Wildlife-Ownership, Implementation, Objects and Functions

1. Ownership of wildlife and wildlife products
2. Implementing agency
3. Objects of the Commission with regard to wildlife
4. Functions of the Commission with regard to wildlife

Protected Areas

5. Establishment of protected areas
6. Objectives of a national protected areas system
7. Categories of protected areas
8. Management objectives of each category of protected area
9. Management of protected areas
10. Entry into protected areas
11. Activities prohibited in protected areas
12. Establishment of Protected Area Management Advisory Committees
13. Functions of Protected Area Management Advisory Committees
14. Management plan for each protected area
15. Liability for damage

Management of Wildlife outside Protected Areas

16. Establishment of Community Resource Management Area
17. Functions of an Executive Committee of a Community Resource

Management Area

18. Role of traditional authorities in Community Resource
Management Area

Licences and Permits

19. Protection categories for wild animals
20. Wildlife use rights
21. Prohibition of utilisation of wildlife without wildlife use right
22. Types of licences and permits
23. Application for licence or permit
24. Revocation or suspension of a licence or permit

Management of Wildlife in Captivity

25. Keeping of wild animals
26. Artificial propagation of plants
27. Establishment of private zoological gardens and private wildlife sanctuaries

Provision Relating to International Conventions

28. Implementation of CITES
29. Functions of the CITES National Scientific Authority

Administrative Provisions

30. Executive Director of the Division
31. Functions of the Executive Director
32. Staff of the Division

Miscellaneous Provisions

33. Power to arrest without a warrant
34. Indemnity for acts done in good faith
35. Offences by a wildlife officer
36. Other offences
37. Regulations
38. Interpretation
39. Transitional provisions
40. Repeal, revocation and savings

SCHEDULES

FIRST SCHEDULE - Fully Protected Animals
SECOND SCHEDULE - Partially Protected Animals

LONG TITLE

AN ACT to consolidate and revise the laws relating to wildlife and protected areas, provide for the implementation of international conventions on wildlife to which Ghana is a signatory and for related matters.

DATE OF ASSENT

1st March, 2024.

ACT

Wildlife - Ownership, Implementation, Objects and Functions

1. Ownership of wildlife and wildlife products

(1) A wildlife resource, a wildlife product and an associated genetic resource in Ghana are vested in the President on-behalf of the people of Ghana.

(2) Subsection (1) does not affect the right of a

(a) person who is acting in accordance with the terms of a licence or permit granted under subsection (6) of section 23 to that person to acquire a wildlife, a wildlife product or an associated genetic resource of wildlife, or to acquire and breed wildlife; or
(b) community which has been granted authority over a defined Community Resource Management Area under section 16.

(3) An animal killed or a trophy acquired by a wildlife officer in the execution of the duties of that wildlife officer is the property of the State.


2. Implementing agency

(1) The Forestry Commission established under section 1 of the Forestry Commission Act, 1999 (Act 571) is the implementing agency for the purposes of this Act.

(2) The Commission shall discharge the duty specified under subsection (1) through the Wildlife Division of the Commission.


3. Objects of the Commission with regard to wildlife

Without limiting the objects of the Commission under Act 571, the objects of the Commission with regard to wildlife are to

(a) establish, manage and support a system of protected areas with the aim of protecting samples of the major ecological communities of the country in a natural state;
(b) enable and support communities to maximise the economic benefits to be derived from the sustainable use of wildlife, whilst minimising loss of life and damage to property caused by wildlife;
(c) promote the sustainable use of wildlife, including
(i) the hunting and taking of wild animals and plants from protected areas; and
(ii) the internal and international trade in wildlife and wildlife products by ensuring the long-term sustainability of the species found in or migrating through Ghana;
(d) promote and facilitate the implementation of the provisions of international conventions concerned with wildlife which Ghana has ratified;
(e) promote knowledge, understanding and appreciation of wildlife in Ghana to improve the management of wildlife in the country; and
(f) develop effective partnerships with other Government agencies, traditional authorities, civil society organisations, development partners and the private sector at national, regional and district levels to provide for a more effective implementation of this Act.


4. Functions of the Commission with regard to wildlife

(1) The Commission in furtherance of the object under paragraph (a) of section 3, shall

(a) manage and conserve the existing protected areas and RAMSAR Sites, and prevent illegal use of wildlife resources in these areas;
(b) establish a Protected Area Management Advisory Committee for each protected area, to advise on the development and implementation of management plans and facilitate the integration of local community needs into protected area management;
(c) develop a detailed management plan for each area, and ensure that all plans are implemented;
(d) promote private sector and community partnerships and grant leases, concessions and access for the development of wildlife-based tourism facilities and services in a way that maximises benefits to local communities and the nation as a whole;
(e) ensure that environmental impact assessments are conducted for all proposed developments within protected areas and ensure that necessary environmental safeguards are adopted;
(f) promote payment for ecosystem services;
(g) issue licences to the local community for the use of wildlife resources which fall within a protected area;
(h) support the establishment and management of protected areas by local authorities, communities, civil society organisations and the private sector;
(i) identify and create additional protected areas to ensure adequate protection and representation of the biophysical heritage of Ghana, provide migration corridors and address other ecosystemic demands necessary to the life cycle of Ghana's wildlife; and
(j) conduct awareness campaigns around protected areas to win local support for conservation initiatives.

(2) The Commission in furtherance of the object under paragraph (b) of section 3

(a) shall assist local communities to identify suitable areas and support them to develop the necessary capacity and institutional structures to establish and manage Community Resource Management Areas;
(b) may, at any time, suspend or withdraw authority for the operation of a Community Resource Management Area if the Commission has reason to believe that wildlife is not managed on a sustainable basis or there are infringements of the provisions of this Act; and
(c) shall provide technical advice on the control of problem animals in order to protect the lives and property of persons.

(3) The Commission, in furtherance of the object under paragraph (c) of section 3, shall

(a) identify species that require special protection, and those that are suitable for sustainable use;
(b) issue licences and permits for the regulation of hunting, capturing and trading in wildlife, wildlife products and wildlife services; and
(c) work with local authorities, the Police, the Customs Division of the Ghana Revenue Authority, the CITES National Scientific Authority referred to in subsection (1) of section 28 and other agencies to enforce and implement the licence and permit system effectively.

(4) The Commission, in furtherance of the object under paragraph (d) of section 3, shall

(a) advise and represent Government in all matters pertaining to the implementation of international conventions and agreements concerned with wildlife which Ghana has ratified, in particular,
(i) the Convention on Wetlands of International Importance Especially As Waterfowl Habitat, (RAMSAR), 1971;
(ii) the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973; and
(iii) the Convention on the Conservation of Migratory Species of Wild Animals, (BONN), 1979;
(b) liaise with
(i) the other parties and the secretariats for each of the Conventions mentioned in paragraph (a) and submit the required national reports on the implementation status of each convention to the secretariat of that convention; and
(ii) agencies advising and representing governments under the United Nations General Assembly, Convention on Biological Diversity and its Cartagena Protocol, World Heritage Convention, United Nations Convention on the Law of the Sea, United Nations Framework Convention on Climate Change and its Kyoto Protocol and other relevant Conventions;
(c) be the Management Authority for the purposes of the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
(d) be the national authority or focal point for the purposes of the Convention on the Conservation of Migratory Species of Wild Animals, (BONN), 1979 and the Convention on Wetlands of International Importance Especially as Waterfowl Habitat, (RAMSAR), 1971; and
(e) work with local authorities, the Police, Customs Division of the Ghana Revenue Authority and other agencies to enforce and implement the provisions of these international conventions.

(5) The Commission in furtherance of the objects under paragraph (e) of section 3 shall

(a) commission and conduct research on the distribution and status of wildlife, promote public awareness of wildlife conservation issues and develop environmental education generally;
(b) collect, maintain and analyse statistics and information relating to wildlife and use results from the analysis to inform policy development and management decision making; and
(c) regulate the collection of specimen animals for museums and scientific and other purposes.

(6) The Commission, in furtherance of the object under paragraph (f) of section 3, shall

(a) encourage and support the private sector to establish private wildlife reserves, zoological gardens and captive breeding facilities; and
(b) license, monitor and regulate the operation of private wildlife reserves, zoological gardens and captive breeding facilities.


Protected Areas

5. Establishment of protected areas

(1) Subject to subsection (2) of this section, the Minister, on the advice of the Commission, may, by legislative instrument, establish a protected area including a marine protected area.

(2) The Minister shall not establish a protected area unless

(a) the Minister is satisfied that the local authority and the land owners of the proposed area have been consulted by the Commission in the manner prescribed by the Regulations; and
(b) the legislative instrument that establishes the protected area satisfies the conditions for compulsory acquisition under article 20 of the Constitution by providing for
(i) the prompt payment of fair and adequate compensation;
(ii) a right of access whether direct or on appeal from any other authority to the High Court by a person who has an interest in or right over the property for the determination of the interest or right of the person and the amount of compensation to which the person is entitled; and
(iii) the resettlement of persons who will be displaced by the establishment of the protected area.


6. Objectives of a national protected areas system

The objectives of establishing a national system of protected areas are to

(a) ensure that a viable network of sites representative of the natural ecosystems that occur in Ghana, are maintained in an undisturbed state;
(b) conserve sites of biological importance and natural scenic beauty;
(c) ensure that viable populations of all indigenous wild species including passage migrants are adequately conserved and that rare, endangered and endemic species are specially protected;
(d) provide and maintain
(i) ecological and life sustaining processes such as water catchment and protection; and
(ii) soil conservation and genetic diversity;
(e) provide opportunities for research, education, recreation and tourism;
(f) generate economic activity in and around protected areas and promote the sustainable use of wildlife;
(g) enhance rural development by integrating protected area management into local economies; and
(h) protect and maintain cultural and archaeological resources.


7. Categories of protected areas

The Minister in establishing a protected area under section 5 may declare the area to be

(a) a national park;
(b) a resource reserve;
(c) a wildlife sanctuary;
(d) a RAMSAR site;
(e) a strict nature reserve; or
(f) of some other category determined by the Minister

on the advice of the Commission.


8. Management objectives of each category of protected area

(1) The Minister in declaring an area to be a national park shall take into consideration the need to

(a) protect natural and scenic areas of national or international significance from exploitation or human habitation;
(b) prevent any settlement, cultivation or grazing of domestic livestock which might compromise the ecological functions and values of the area;
(c) promote and manage visitor use of the Park for inspirational, educational, scientific, cultural and recreational purposes only; and
(d) satisfy the needs of local communities, including the use of resource for subsistence, so far as these do not adversely affect the other objectives of management.

(2) The Minister in declaring an area to be a resource reserve shall take into consideration the primary objectives of a Resource Reserve, including

(a) protecting and maintaining the biological diversity and other natural values of the area in the long term;
(b) promoting sustainable use of the plants and animals that occur naturally in the area, and by that, contribute to poverty alleviation and economic development; and
(c) preventing any settlement, cultivation or grazing of domestic livestock which might compromise the ecological functions and values of the area.

(3) The Minister in declaring an area to be a wildlife sanctuary shall take into consideration the need to

(a) enable, encourage and support the establishment of protected areas at local community and district levels;
(b) protect particular species and natural habitats including totem animals and sacred groves, that are of cultural, scientific and conservation importance;
(c) protect from disturbance the breeding, migration or feeding sites of particular species and maintain the habitat conditions necessary for the conservation of those species; and
(d) facilitate public appreciation of the area by providing facilities to visitors for cultural, educational, scientific, recreational or touristic reasons.

(4) The Minister in declaring an area to be a RAMSAR Site shall take into consideration the need to protect

(a) sites of international importance which contain representative, rare or unique wetland types; and
(b) sites of international importance in relation to conservation of biological diversity.

(5) The Minister in declaring an area to be a strict nature reserve shall take into consideration the need to

(a) nationally, regionally and globally conserve outstanding ecosystems, species and geodiversity features which have attributes formed mostly or entirely by non-human forces, which attributes may be degraded or destroyed when subjected to very light human impact;
(b) preserve ecosystems, species and geodiversity features in a state as undisturbed by recent human activity as possible;
(c) secure examples of the national environment for scientific studies, environmental monitoring and education, including baseline areas from which all avoidable access is excluded;
(d) minimise disturbance through careful planning and implementation of research and other approved activities; and
(e) conserve cultural and spiritual values associated with nature.


9. Management of protected areas

(1) The Commission is the highest administrative authority in respect of protected areas and is responsible for the management of each protected area.

(2) Despite subsection (1 ), a District Assembly in which a RAMSAR Site is located may,

(a) in consultation with the Commission prescribe by-laws; and
(b) in consultation with the Commission and the relevant traditional authority, prescribe customary and traditional conservation practices which are consistent with the Convention on Wetlands of International Importance Especially as Waterfowl Habitat, (RAMSAR), 1971 and this Act.

(3) Despite subsection (1), the Division may, with the approval of the Commission, assign some of the management responsibilities of the Division to

(a) a conservation organisation recognised by the Commission;
(b) a community-based organisation;
(c) a corporate body; or
(d) a private individual

by entering into a management agreement with any of these organisations, bodies or persons to carry out management functions necessary for the effective implementation of this Act.


10. Entry into protected areas

(1) Subject to subsections (2) and (3) of this section, a person shall not enter, be in or reside in a protected area.

(2) Subsection (1) does not apply to

(a) a person in the employment of the Commission who in the execution of official duties enters or resides in a protected area and a member of the immediate family of that person who either resides with or visits that person;
(b) a person who visits another person who is an employee of the Commission and is resident in a protected area;
(c) a person who belongs to a community resident in the protected area before the date when the area was declared as a protected area and which community has not yet been re-settled; or
(d) a researcher, scientist, tourist or visitor granted permission by the Executive Director or the authorised representative of the Executive Director with the approval of the Commission to enter, be in or reside in a protected area.

(3) The Executive Director or an authorised representative of the Executive Director may, subject to specified conditions and on payment of a prescribed fee, grant permission to a person to enter into a protected area.

(4) The breach of a condition: in a permit granted under subsection (3) entitles the Executive Director or an authorised representative of the Executive Director to remove the person from the protected area and to take further action, as permitted by law, against the person.

(5) Without limiting subsection ( 4), a person who breaches a condition of an entry permit commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than one year and not more than two years or to both.

(6) A person who commits a second or continued offence under subsection (5) is liable on summary conviction to a fine of not less than one thousand penalty units and not more than two thousand and five hundred penalty units or to a term of imprisonment of not less than two years and not more than five years or to both.


11. Activities prohibited in protected areas

(1) A person who is not a wildlife officer performing duties under this Act or duly authorised under this Act or the Regulations, shall not

(a) convey into or be in possession of a weapon, explosive, trap or poison within a protected area;
(b) capture, hunt, disturb, molest or be in possession of an animal, or take or destroy any egg or nest, in a protected area without lawful excuse;
(c) cause damage to or disturb an object of geological, ethnological, historical, archaeological or other scientific interest within a protected area, remove the object from a protected area or have possession of the object;
(d) introduce a wild or domestic animal into a protected area or permit a domestic animal over which that person has control or is responsible for to stray into a protected area; ·
(e) introduce vegetation into a protected area or allow vegetation planted outside a protected area over which that person has control or is responsible for, to spread into the protected area;
(f) remove an animal or vegetation, whether alive or dead, or a part of an animal or vegetation from a protected area;
(g) cut, damage or destroy any tree or other vegetation in a protected area or be in possession of a cut or uprooted vegetation while in a protected area;
(h) erect a permanent or temporary structure, fence or marker, construct any road or airstrip, or otherwise alter the natural environment, except where the person is expressly permitted by the Minister or a wildlife officer vested with power to grant the permit;
(i) destroy or deface any object, whether animate or inanimate, in a protected area;
(j) wilfully or negligently cause any fire in a protected area; and
(k) carry out any mining activity in a protected area.

(2) Despite subsection (1), it is not an offence if a person

(a) kills a dangerous animal in a protected area where the killing is necessary in defence of human life or to prevent the infliction of personal injury; or
(b) carries out activities approved in the management plan of the protected area, and permitted in writing by the Executive Director or a wildlife officer authorised to grant the permit, in accordance with the plan.

(3) Subsection (I) does not apply within a RAMSAR Site, except as provided for in local by-laws.

(4) A domestic animal found within a protected area, other than an animal in the lawful possession of a wildlife officer, or introduced into the protected area in accordance with paragraph (b) of subsection (2), may be removed by a wildlife officer.

(5) A vegetation introduced into a protected area in contravention of this Act may be destroyed by or on the instructions of a wildlife officer.

(6) A person who introduces into a protected area, a domestic animal or a vegetation described under subsection (4) or (5) shall

(a) bear the cost of the destruction of the domestic animal or vegetation;
(b) compensate the Commission for any non-remedial damage to the protected area; and
(c) remedy any damage caused in a manner directed by the Commission.

(7) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not less than one hundred and twenty penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than one year and not more than two years or to both.

(8) Without limiting subsection (6), a person, other than a wildlife officer, who introduces a

(a) domestic animal, or
(b) vegetation in contravention of this Act

commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than one year and not more than two years or to both.

(9) Where a person commits an offence under subsection (7) after a conviction of the same offence, the person is liable on summary conviction to a fine of not less than one thousand penalty units and not more than two thousand and five hundred penalty units or to a term of imprisonment of not less than two years and not more than five years or to both.


12. Establishment of Protected Area Management Advisory Committees

(1) Despite subsection (1) of section 9, the Commission shall establish for each protected area, a Protected Area Management Advisory Committee which shall comprise seven members, including where possible

(a) at least one nominee from the Division;
(b) one representative of the traditional authority within which the protected area is situated;
(c) one representative of the District Assembly within which the protected area is situated;
(d) one member of a Community Resource Management Area Executive Committee representing a Community Resource Management Area adjoining the protected area boundary;
(e) one representative of the private sector with an interest in the protected area;
(f) one member of a women's group; and
(h) one member of a community-based organisation operating in the communities close to the protected area.

(2) A Protected Area Management Advisory Committee may co-opt a person to attend a meeting of the Committee but that person shall not vote on any matter for decision at the meeting.

(3) Members of the Committee shall be appointed for an initial term of three years and the appointment may be renewed for a maximum of one further term.

(4) Where a protected area falls within more than one district, the Division may despite subsection (1), establish in each district a Protected Area Management Advisory Unit with the same composition as the Committee in subsection (1), and representatives from the Protected Area Management Advisory Units shall together form an apex body which shall be the Committee.

(5) A Protected Area Management Advisory Unit established under subsection ( 4) shall advise the Committee on management issues affecting that part of the protected area which falls within the jurisdiction of the Protected Area Management Advisory Unit.


13. Functions of a Protected Area Management Advisory Committee

(1) A Committee established under subsection (1) or (4) of section 12, shall

(a) advise the Division on how to integrate the objective and development strategy of the protected area into the district planning system and the decentralisation process;
(b) assist in the formulation of conservation linked poverty reduction or enterprise development ventures which might be supported in the areas adjoining the protected area;
(c) administer and control funds that may be generated for community benefit as provided for in subsection (3);
(d) assist the Division in the formulation of a management plan for the protected area, to identify and integrate the concerns of the local people;
(e) assist the Division to implement the protected area management plan by winning local support for practical, effective and harmonious management of the protected area;
(f) ensure the development and protection of sacred, cultural and other sites that are valued by the local people;
(g) identify harvestable resources, determine resource allocation levels and mechanisms for monitoring off-take;
(h) in consultation with the Division, allocate licence rights to the local people for purposes of harvesting from a protected area, harvestable resources for which the Division has given approval;
(i) establish channels of communication between the local communities and the Division with a view to properly educating the local communities about the reserve and general conservation in the protected area and thus enabling the communities to easily share with the Division, their specialised and personal knowledge of general or specific conditions or activities and their impact on the protected area;
(j) advise the Division on the development and implementation of protected area outreach programmes;
(k) assist the Division with the formation of Community Resource Management Committees at village levels;
(l) promote the adoption of traditional technical knowledge and practices in the development and management of the protected area;
(m) help resolve conflicts that may arise between members of the communities adjoining the protected area and the authorities of the protected area, especially where this involves problem animals or access to resources within the protected area;
(n) identify and co-ordinate with other entities, including Government bodies, private land owners, traditional authorities and other people whose activity and responsibility relate to or impact on protected areas;
(o) supervise and evaluate the performance of responsibilities assigned to persons under subsection (3) of section 9 and recommend controls for the persons; and
(p) do anything incidental to the achievement of the functions specified in paragraphs (a) to (o).

(2) A Committee established under subsection (1) or (4) of section 12 may, in consultation with the Commission, charge the prescribed fees from visitors and other users of a protected area.

(3) Revenue derived from the fees shall be administered by the Committee for the benefit of the communities living immediately adjacent to the protected area.

(4) The fees charged for entry or use of a protected area shall be paid in addition to other fees and charges payable to the Commission.


14. Management plan for each protected area

(1) For the purposes of paragraph (c) of subsection (1) of section 4, the Division shall have for each protected area, a management plan.

(2) The Division shall manage a protected area in accordance with the management plan.

(3) The management plan for each protected area shall be prepared by the Division in consultation with the Protected Area Management Advisory Committee and other relevant stakeholders.

(4) A management plan prepared in accordance with subsection (3) shall be approved by the Commission before implementation by the Division.

(5) An approved plan shall be evaluated every ten years and may be modified.


15. Liability for damage

(1) A person whose action leads to

(a) damage, or
(b) a threat

to a protected area commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than two years and not more than five years or to both.

(2) Where a person commits an offence under subsection (1) after a conviction for the same offence, the person is liable on summary conviction to a fine of not less than one thousand penalty units and not more than two thousand and five hundred penalty units or to a term of imprisonment of not less than two years and not more than five years or to both.


Management of Wildlife outside Protected Areas

16. Establishment of Community Resource Management Area

(1) A geographically defined area outside a protected area which is endowed with sufficient resources and where the community is organised for the purpose of sustainable resource management, the area may be established and managed as a Community Resource Management Area.

(2) A Community Resource Management Area shall be managed by a locally elected Management Area Executive Committee, which shall

(a) be recognised and registered by the Division;
(b) be granted authority for a specified period to
(i) authorise and supervise the hunting and capturing of wildlife;
(ii) trade in wildlife and wildlife products specified in the Second Schedule in accordance with paragraph (b) of section 17; and
(iii) exercise any other privilege over wildlife conferred through ownership of wildlife within the Management Area and as provided for in paragraph (b) of subsection (2) of section I;
(c) be recognised and empowered by the local authority in the District where the Community Resource Management Area is located to manage the resources in the Community Resource Management Area through the enactment of local by-laws issued by relevant District Assemblies;
(d) be managed in accordance with the constitution of the Community Resource Management Area, the contents of which shall be prescribed in Regulations;
(e) integrate the operations of the Management Area Executive Committee into
(i) traditional decision-making structures; and
(ii) local land tenure systems in the area for which the Community Resource Management Area is established; and
(f) respect traditional decision-making structures and local land tenure systems in the area for which the Community Resource Management Area is established.

(3) Members of a Management Area Executive Committee shall be elected from among elected members of the Community Resource Management Committees established in each of the communities within the Management Area.

(4) Despite subsection (3), the Division may provide technical advice and support on issues concerning wildlife census and the establishment of off-take quotas.


Functions of an Executive Committee of a Community Resource

17. Management Area

The Executive Committee of a Management Area shall

(a) regulate and control access to harvestable wildlife in the area designated as a Management Area;
(b) be responsible for the regulation of hunting and other uses of wildlife in the Management Area within the framework agreed with the Division and in accordance with legislation for safeguarding protected, rare or endangered species;
(c) advise the Division on the issuing of requisite permits for trading in wildlife products that originate in the Management Area;
(d) monitor and report to the Division, wildlife population trends, levels of off-take and trade in wildlife and wildlife products;
(e) collaborate with other Management Area Executive Committee, Protected Area Management Advisory Committee and land-use management agencies, especially those in neighbouring areas with whom wildlife resources are shared, for the conservation, sustainable use and integrated management of shared resources and other activities with potential impact outside the Management Area;
(f) help the Division to resolve conflicts over problem animals and other resource management issues with Management Area community members; and
(g) promote awareness of wildlife conservation and management needs in its area of operation.


18. Role of traditional authorities in a Community Resource Management Area

(1) Traditional authorities shall play a central role in the identification, establishment and management of Management Areas.

(2) For the purpose of subsection (1), traditional authorities

(a) shall ensure that decisions over allocation, tenure and use of land in the Management Area are in accordance with Management Area objectives;
(b) may assist in the resolution of disputes, especially those involving land under the traditional land tenure system;
(c) shall promote appropriate traditional wildlife management practices; and
(d) shall develop, share and utilise as appropriate, understanding of traditional knowledge related to wildlife and wildlife resource management.


Licences and Permits

19. Protection categories for wild animals

(1) The animals specified in the First Schedule are classified as fully protected animals and shall be totally protected from being hunted, captured, destroyed or taken possession of throughout the country.

(2) The animals specified in the Second Schedule are classified as partially protected animals.

(3) A person shall not

(a) hunt, capture, molest, disturb or destroy a fully protected animal;
(b) possess a fully protected animal whether captured or killed; or
(c) possess products or a part or derivative made or acquired from a fully protected animal except with the authorisation of the Chief Executive for the purpose of conservation, scientific research or captive breeding.

(4) A person shall not hunt, possess, capture or destroy a partially protected animal except under a permit or licence issued by the Commission under section 23.

(5) A person who contravenes subsection (3) or (4) commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than one year and not more than two years or to both.


20. Wildlife use rights

The following wildlife use rights are subject to the grant of a permit or a licence exercisable under this Act:

(a) hunting;
(b) keeping or possession of wild animals;
(c) trading in wildlife and wildlife products; and
(d) using wildlife for educational or scientific purposes including medical experiments and development.


21. Prohibition of utilisation of wildlife without wildlife use right

(1) A person shall not engage in an activity specified under section 20 without obtaining a licence or a permit for the purpose.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than one year and not more than two years or to both.

(3) A person who commits a second or continued offence under subsection (2) is liable on summary conviction to a fine of not less than one thousand penalty units and not more than two thousand and five hundred penalty units or to a term of imprisonment of not less than two years and not more than five years or to both.


22. Types of licences and permits

(1) A licence may be granted for the following activities:

(a) to hunt or capture any partially protected animal;
(b) to trade in bushmeat derived from any partially protected species;
(c) to trade in live wild animals and wildlife products belonging to any exempt or partially protected species;
(d) to keep a wild animal as a pet;
(e) to hold, keep and breed wildlife in captivity;
(f) to establish zoological gardens and wildlife reserves;
(g) to acquire or possess ivory or other trophy; and
(h) to do anything in relation to wildlife that the Commission considers appropriate.

(2) A permit may be granted for the following activities:

(a) to export, re-export or import wildlife and products;
(b) to group hunt and capture wild animals, where this is part of a cultural festival;
(c) to take and propagate wild plants; and
(d) to do anything in relation to wildlife that the Commission considers appropriate.

(3) Without limiting the effect of paragraphs (b) and (c) of subsection (1), the Commission shall not grant a licence for international trading unless the proposed trade is in accordance with the provisions in the Convention on International Trade in Endangered Species of Wild Fauna and Flora as specified in the Second Schedule.

(4) The Com111ission may delegate the authority to issue a licence under paragraph (a) of subsection (1) to a local hunting licence agent, as prescribed in the Regulations.

(5) A person who without the necessary licence or permit, engages in an activity mentioned in subsection ( 1) or subsection (2) commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than five hundred penalty units or to a term of imprisonment of not more than two years or to both.

(6) A person who commits a second or continued offence under subsection (5) is liable on summary conviction to a fine of not less than one thousand penalty units and not more than two thousand and five hundred penalty units or to a term of imprisonment of not less than two years and not more than five years or to both.


23. Application for licence or permit

(1) An application by a person for a licence or permit to engage in an activity listed under subsection (1) or subsection (2) of section 22 shall be made in writing to the Commission.

(2) The application shall be accompanied with the prescribed fee and any document determined by the Commission.

(3) The Commission shall forward a copy of the application to the Division for processing and recommendation within seven days after receipt of a completed application.

(4) The Division shall consider the application and make recommendations to the Commission within fourteen days after receipt of an application.

(5) Where the Division is of the opinion that an applicant has

(a) paid the prescribed fee, and
(b) met the requirements for the issuance of the licence or permit determined by the Commission, the Division shall submit a report, to the Commission together with a recommendation for the issuance of a licence or permit to the applicant.

(6) The Commission shall consider the report and may grant or refuse the licence or permit.

(7) The Commission shall, within ten days after receipt of the report, inform the applicant in writing of the decision of the Commission.

(8) The Commission may request the applicant to provide further information and may for that purpose extend the period for the application and grant of a licence or a permit.

(9) Where the Commission refuses to grant a licence or a permit, the Commission shall communicate in writing the reason for the refusal.

(10) A licence or a permit granted by the Commission under subsection (6) is subject to

(a) the provisions of this Act;
(b) the Regulations;
(c) conditions imposed and specified in the licence or permit; and
(d) the provisions of International Conventions implemented by the Regulations and subsequent Conference Resolutions relating to these Conventions.

(11) A person dissatisfied with a decision of the Commission made under subsection (6) may within thirty days appeal to the Commission for a review of the decision.

(12) The Commission shall review the decision and communicate the response to the applicant within fourteen days after receipt of an appeal for review.


24. Revocation or suspension of a licence or permit

(1) The Commission may subject to subsections (2) and (3), revoke or suspend a licence or permit granted to a person under subsection (6) of section 23, if the person does anything contrary to the conditions of the licence or permit.

(2) The Commission shall, after the suspension of a licence or permit, notify the holder of the suspended licence or permit of the default that has occasioned the suspension and require a remedy of the default within thirty days from the date of the notice.

(3) The Commission may revoke a suspended licence or permit if the holder of the suspended licence or permit does not remedy the default within the time stipulated in the notice given under subsection (2).

(4) A person aggrieved by~ decision of the Commission to suspend or revoke the licence or permit of that person may within thirty days apply in writing to the Commission for review of the decision.

(5) The Commission shall, within fourteen days after receipt of an appeal for review, review the decision and communicate the response to the applicant.


Management of Wildlife in Captivity

25. Keeping of wild animals

(1) A person shall not keep a wild animal if that person has not been issued with a licence for that purpose by the Chief Executive or an authorised representative of the Chief Executive.

(2) The wild animal _to be kept under subsection (1) should have been obtained from a lawful source.

(3) A person shall not exhibit a wild animal to the public except in accordance with conditions that the Chief Executive considers appropriate to impose in respect of the manner in which the wild animal is to be kept and members of the public allowed access to the animal.

(4) A person may engage in captive breeding of wildlife or keep captive bred wildlife if that person has a licence issued by the Chief Executive under subsection ( 6) of section 23 for the purpose and

(a) the captive breeding of wildlife or keeping of captive bred wildlife is intended to
(i) increase wildlife populations of species by restocking depleted areas;
(ii) reduce pressure on wildlife populations of species through the supply of bushmeat, wild animals or wildlife products to satisfy commercial needs;
(iii) produce large numbers of species for commercial use; and
(iv) establish private and public collections of wild animals for educational and research purposes; and
(b) the facility in which the wildlife is to be kept
(i) ensures that treatment of the animals within the facility is humane;
(ii) ensures the safety of persons and animals in the facility;
(iii) prevents the introduction or spread of disease or other health hazards; and
(iv) ensures that the species are not negligently or unintentionally released from the facility.

(5) A person who breaches the terms of a licence under this section commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than one year and not more than two years or to both.

(6) A person who commits a second or continued offence under subsection (5) is liable on summary conviction to a fine of not less than one thousand penalty units and not more than two thousand and five hundred penalty units or to a term of imprisonment of not less than two years and not more than five years or to both.


26. Artificial propagation of plants

(1) A person may engage in the artificial propagation of a wild plant for a domestic or a commercial purpose if the plant does not have an adverse impact on the natural ecology of the area in which the plant is propagated.

(2) A person who engages in artificial propagation of a wild plant shall take steps to reduce any negative impact that the breeding of the plant may have on the environment.

(3) A plant shall be considered as having been artificially propagated if the plant is grown under controlled conditions and grown from seeds, cuttings, divisions, callus tissues or other plant tissues or propagules obtained from the wild or from cultivated parental stock.

(4) The international trade of artificially propagated plants or their derivatives listed in any of the CITES appendices or both shall be subject to the provisions of the Convention on International Trade in Endangered Species of Fauna and Flora.

(5) A person who breaches the terms of a licence or permit issued in respect of the artificial propagation of a wild plant under subsubsection (6) of section 23, commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than one year and not more than two years or to both.

(6) Where a person commits an offence under subsection (5), after a conviction for the same offence, the person is liable on summary conviction to a fine of not less than one thousand penalty units and not more than two thousand and five hundred penalty units or to a term of imprisonment of not less than two years and not more than five years or to both.


27. Establishment of private zoological gardens and private wildlife sanctuaries

(1) A person, organisation or community may establish a private zoological garden or private wildlife sanctuary if that person, organisation or community has a licence issued by the Commission under subsection (6) of section 23 for the purpose.

(2) The Commission, in granting a licence to establish a private zoological garden or private wildlife sanctuary, shall take into consideration the management plan of the applicant which shall contain, among other things,

(a) the proposed location of the private zoological garden or private wildlife sanctuary;
(b) the proposed security systems to be put in place;
(c) the type of species and the quantity of each species that are going to be kept in the zoo or the wildlife sanctuary and their mode of acquisition; and
(d) the source of funding and business plan.

(3) A person who breaches the terms of a licence under this section commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than one year and not more than two years or to both.

(4) Where a person commits an offence under subsection (3) after a conviction for the same offence, the person is liable on summary conviction to a fine of not less than one thousand penalty units and not more than two thousand and five hundred penalty units or to a term of imprisonment of not less than two years and not more than five years or to both.


Provisions Relating to International Conventions

28. Implementation of CITES

(1) For purposes of achieving the objectives of CITES, there is established by this Act, a CITES National Management Authority and CITES National Scientific Authority.

(2) The CITES National Management Authority shall be the Wildlife Division.

(3) The Minister shall, on the recommendation of the Commission, designate an institution as the CITES National Scientific Authority.


29. Functions of the CITES National Scientific Authority

(1) The CITES National Scientific Authority shall

(a) advise the CITES National Management Authority on issues of compliance with the CITES provisions;
(b) monitor the status of CITES listed species in Ghana
(i) with the aim of recommending appropriate levels of export of specimens; and
(ii) in order to maintain the species throughout its range at a level consistent with its role in the ecosystem and above a level at which the species might become eligible for inclusion in Appendix 1 of CITES;
(c) advise the CITES National Management Authority on whether scientific institutions seeking registration for the purpose of being issued labels for scientific exchange meet
(i) the criteria established by CITES; and
(ii) other national standard requirements prescribed by Regulations;
(d) advise the National Management Authority on whether the issuance of
(i) permits for imports;
(ii) permits for exports; or
(iii) certificates for introduction from the sea or re-exports is potentially detrimental to the survival of the species specified in Appendices I and II of CITES; and
(e) advise the CITES National Management Authority on whether the issuance of permits for internal trade, export, re-export or import of species listed in
(i) Regulations made under this Act; and
(ii) Appendices I, II and III of CITES

is likely to be detrimental to the survival of the species.

(2) The CITES National Scientific Authority shall in the performance of its functions, base its findings and advice on the scientific review of available information on the population status, distribution, population trend, harvest, other biological and ecological factors of and trade information on the species concerned.


Administrative Provisions

30. Executive Director of the Division

The Head of the Division is the Executive Director of the Wildlife Division of the Forestry Commission appointed under subsection (1) of section 17 of the Forestry Commission Act, 1999 (Act 571).


31. Functions of the Executive Director

(1) The Executive Director

(a) is responsible for the day-to-day administration of the Division in accordance with the mandate of the Division under this Act; and
(b) in the performance of the functions and duties of the office is answerable to the Forestry Commission through the Chief Executive of the Commission.

(2) The Executive Director may, in the performance of the functions of the office under this Act, delegate a function of the office to a staff of the Division, but shall not be relieved of the ultimate responsibility for the discharge of the delegated function.


32. Staff of the Division

(1) The Commission may, in consultation with the Minister, the Minister responsible for the Interior and the Minister responsible for Defence, train and equip paramilitary personnel that are necessary for the performance of the functions of the Division.

(2) The paramilitary staff of the Commission shall be subject to conditions prescribed in the Regulations.


Miscellaneous Provisions

33. Power to arrest without a warrant

(1) A wildlife officer may arrest without a warrant, a person whom the officer reasonably suspects to have committed an offence under this Act, if

(a) the name and address of that person is not disclosed by the person on demand by the officer;
(b) the person gives a name and address which the officer reasonably believes to be false; or
(c) the officer has reason to believe the person will abscond.

(2) A person arrested under subsection (1) shall be sent to the nearest police station without delay but in any case, within forty-eight hours after the arrest.


34. Indemnity for acts done in good faith

(1) An action shall not lie against a wildlife officer for an act done by that officer in good faith in the execution or intended execution of the duties or powers of the officer under this Act.

(2) A wildlife officer who does an act in good faith but which results in a criminal action against that officer shall be granted legal aid for defence of the action.


35. Offences by a wildlife officer

(1) A wildlife officer shall take the necessary steps to prevent the commission of an offence under this Act.

(2) The Commission may, after investigation, summarily dismiss any wildlife officer who aids, abets, condones or connives in the commission of an offence under this Act.

(3) The dismissal of a wildlife officer under subsection (2) does not affect the liability of that wildlife officer to prosecution for an offence under this Act.


36. Other offences

(1) A person commits an offence under this Act if that person

(a) makes a false or misleading statement, or declaration with the intent
(i) to obtain a licence or permit; or
(ii) of clearing specimens for import, export or other trade or commercial use; or
(b) is in unlawful possession of a gun, a bow and arrow, a machete, a club or other offensive weapon whilst in a protected area.

(2) A person who contravenes subsection (1) is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than two thousand penalty units or to a term of imprisonment of not less than one year and not more than five years or to both.

(3) A person is further liable on summary conviction

(a) in the case of a conviction for a subsequent contravention of paragraph (a) of subsection (1) to a fine of not less than one thousand penalty units and not more than two thousand and five hundred penalty units or to a term of imprisonment of not less than two years and not more than five years or to both; and
(b) in the case of a second or continued offence under paragraph (b) of subsection (1), to a fine of not less than one thousand penalty units and not more than two thousand, five hundred penalty units or to a term of imprisonment of not less than two years and not more than five years or to both.

(5) A person shall not be convicted for an offence under this section if that person proves that the offence was committed without the knowledge, consent, or connivance of that person and that that person exercised due diligence to prevent the commission of that offence having regard to all the circumstances.


37. Regulations

(1) The Minister may, on the recommendation of the Commission and by legislative instrument, make Regulations to give effect to the provisions of this Act, and in particular, make Regulations to

(a) prescribe the contents of the constitution establishing a Community Resource Management Committee;
(b) prescribe the requirements for the establishment and operation of captive breeding facilities and zoological gardens;
(c) prescribe the conditions attached to the operations of the staff of the Division;
(d) provide for further conditions for the issuance of licences and permits;
(e) establish closed seasons when hunting is prohibited with the view to facilitating the rearing of young wild animals;
(f) restrict and prohibit the use of certain equipment and methods for hunting animals;
(g) prescribe measures for resolving issues of conflict between problem animals and people;
(h) provide for the protection and preservation of specified habitats, including the feeding, roosting and nesting sites of protected and partially protected animals outside protected areas;
(i) prohibit the taking of eggs of birds, turtles or other animals specified in the Regulations whose conservation status is on the decline due to that practice;
(j) implement international conventions which relate to wildlife and to which Ghana is a signatory and has ratified; and
(k) amend the First Schedule or Second Schedule to include or exclude any species from the list of species specified in the First and Second Schedules.

(2) The Minister may on the recommendation of the Commission, by legislative instrument, make Regulations to give effect to the provisions of this Act relating to protected areas, and in particular, make Regulations

(a) to establish protected areas;
(b) to determine the constitution, functions and operation of Protected Area Management Advisory Committees and any other local committees which offer advice on the administration of protected areas;
(c) to provide measures for the protection and preservation of animal and plant life in protected areas in a natural state, which include
(i) setting out objectives, management strategy and the extent of public use for each management zone of a protected area;
(ii) designation of different management zones within a protected area;
(iii) the prohibition of burning of grass and the cutting of trees and vegetation within a protected area;
(iv) introduction and control or eradication of alien species in a protected area;
(v) the remedy of harm caused by alien species introduced into a protected area;
(vi) control and management of problem animals, and management interventions necessary to control animal numbers inside a protected area;
(vii) conditions under which permission may be granted to a person to enter into or to reside in a protected area;
(viii) conditions under which a domestic animal may be introduced into and conveyed through a protected area;
(ix) confiscation, destruction and disposal of a domestic animal or other items brought illegally into or found within a protected area;
(x) conditions under which a concession may be granted to build and operate a facility or provide a service in a protected area;
(xi) conditions under which development of public roads, power transmission lines, radio and telecommunications masts and other infrastructure may be allowed in a protected area;
(xii) requirements for an environmental impact assessment of developments inside a protected area;
(xiii) measures to be taken to ensure proper waste disposal and prevent pollution of water bodies and damage to the environment within a protected area;
(xiv) regulation of traffic in a protected area, including the closing of roads at specified times;
(xv) use of vehicles, including bicycles, motorcycles, boats and aircraft within a protected area;
(xvi) regulation, control, restriction or prohibition of visitor activities such as walking, camping, picnicking, boating and fishing in a protected area; and
(xvii) conditions under which research, including the taking of specimens, may be conducted;
(d) to determine the powers and duties of a wildlife officer, an individual or an entity given responsibility to manage an aspect of wildlife or a protected area; and
(e) to prescribe the services that may be provided to the public by wildlife officers, entities and individuals given responsibility for an aspect of wildlife and the fees to be paid for each service.


38. Interpretation

In this Act, unless the context otherwise requires, "animal" means a vertebrate or an invertebrate animal, young of the animal and a part or product of the animal; a bird or its eggs and, except in a protected area, does not include fish; "bushmeat" means the flesh, bone, skin and any other associated part of a wild animal, whether fresh, dried, smoked or otherwise preserved; "captive breeding" means the keeping of wild animals in human controlled conditions with restricted settings for the purpose of increasing their numbers for release into their natural environment or for a domestic purpose or a commercial purpose; "capture" includes an act immediately directed at the taking of an animal, a nest, eggs or young of an animal alive; "Chief Executive" means the person appointed under section 12 of the Forestry Commission Act, 1999 (Act 571); "CITES" means the Convention on International Trade in Endangered Species of Wild Fauna and F1ora, any Appendices to the Convention and resolutions of the conferences of the parties to the Convention; "CITES National Management Authority" means the Wildlife Division of the Forestry Commission; "closed season" in relation to an animal or a specified utility in an area, means a period when the hunting, taking, or disturbance of that animal and that area is prohibited; "Commission" means the Forestry Commission established under subsection (1) of section 1 of the Forestry Commission Act, 1999 (Act 571); "Committee" means a management advisory body established under subsection (1) or (4) of section 12; "Community Resource Management Area" means a geographically defined area endowed with sufficient resources where residents of a local community have organised themselves for the purpose of sustainable resource management; "conference resolution" means agreed guidelines made at a conference of the State parties to a Convention for the implementation of the Conventions implemented by Regulations made under this Act; "District Assembly" includes a Municipal Assembly and a Metropolitan Assembly "Division" means the Wildlife Division of the Forestry Commission established under subsection (2) of section 10 of the Forestry Commission Act, 1999 (Act 571); "domestic animal" means species of animals including horses, cattle, ox, sheep, goats, pigs, dogs, cats and poultry that have been tamed and bred to live alongside humans for many generations; "ecosystem services" means the the processes and inputs that nature provides to humans including (a) providing services such as the provision of food, water, energy, raw materials and medical resources; (b) regulating services such as climate regulation, flood protection, erosion regulation, pest and disease control and pollution control; (c) supporting services such as provision of shelter and habitat for flora and fauna, water cycle carbon cycle; and (d) cultural services such as provision of aesthetic spiritual, recreational and tourism services; "Executive Director" means the person holding the public office of Executive Director of the Division; "hunt" means to (a) kill, injure, shoot at, chase, poach or track an animal, or (b) lie in wait for, or search for, with intent to kill, injure, shoot at, chase, poach or track an animal; "introduction from the sea" means transportation into the country of specimens of species taken from the marine environment not under the jurisdiction of a State; "licence" means a authorisation granted by the Commission for the activities specified in subsection (1) of section 22;" "local hunting licence agent" means a person to whom power is delegated under subsection ( 4) of section 22 as an agent for issuing hunting licences; "local authority" includes a District Assembly, Municipal Assembly and Metropolitan Assembly; "Management Area Executive Committee" means the locally elected body responsible for the management of a Community Resource Management Area; "Management Area" means Community Resource Management Area; "management plan" means the policy framework, development strategy and action plan for a protected area, which guides the management of a protected area or zoological garden; "Minister" means the Minister responsible for wildlife; "national park" means a demarcated place or stretch of land declared a national park under section 7 and described in Regulations; "officer" means a wildlife officer; "partially protected animal" means any animal which is not declared as a fully protected animal and specified in the Second Schedule; "permit" means a written authorisation granted by the Commission for the activities specified in section 22; "private wildlife sanctuary" means an area surrounded by a suitable fence and designated by the licence holder as a wildlife sanctuary; "protected animal" means an animal which is classified as a protected specie under section 19 and as specified in the First Schedule and its parts and derivatives; "protected area" means an area established under section 5; "re-export" means export of a specimen that has previously been imported; "resource reserve" means an area of land declared to be a resource reserve under section 7; "specimen" means (a) an animal or a plant, or (b) a part or derivative of any animal or plant, taken from the wild; "State" means Ghana or its authorised and accredited agent, the Wildlife Division of the Forestry Commission; "trap" means a net, rod, hook, spring, gin, snare, contrivance or device by means of which an animal can be captured, netted or snared; "trophy" means any horn, ivory, tooth, tusk, bone, claw, hoof, hide, skin, hair, feather, egg or any other portion of an animal recognised as a durable portion of the animal; "weapon" means a firearm or ammunition, or an instrument capable of propelling a projectile or capable of being propelled or used in a manner that can kill or injure an animal; "wild" means the natural habitat of (a) a plant that has not been tamed or domesticated; (b) an animal that has not been tamed or domesticated; or (c) other organisms that have not been tamed or domesticated; "wildlife" means any animal or plant or other organism, whether indigenous or naturalised in Ghana and found in the wild; "wildlife product" means any animal or plant or anything derived from an animal or a plant or a part of an animal or a plant; "wildlife resource" means all wild animals, wild birds and aquatic animal life, plants and their parts and derivates and their associated terrestrial and aquatic habitats; "wildlife officer" means a person for the time being holding the public office of Executive Director or other public officer of the Wildlife Division of the Forestry Commission charged with the implementation and administration of this Act; "wildlife sanctuary" means an area of land declared to be a wildlife sanctuary under this Act; and "wildlife service" means a variety of services obtainable from the use of wildlife resources including (a) regulating natural processes at all levels of the food chain, seed dispersal, nutrient cycling and landscape structure; and (b) provisioning services such as those that produce food and income and provide economic services through avenues including tourism and trade in wild animal products.


39. Transitional provisions

A Management Area recognised by the Division and existing prior to the coming into force of this Act shall, subject to necessary modifications to bring it into conformity with this Act, be considered as having been established under this Act.


40. Repeal, revocation and savings

(1) The Wildlife Animals Preservation Act, 1961 (Act 43) is repealed.

(2) The Importation and Exportation of Parrots (Prohibition) Regulations, 1980 (L.I. 1240) is revoked.

(3) Despite the repeal in subsection (1) and the revocation in subsection (2), Regulations, notices, orders, directions, appointments, guidelines, or any other act lawfully made or done under the repealed or revoked enactment not being inconsistent with this Act and in force before the coming into force of this Act shall continue in force as if made or done under this Act and shall continue to have effect until reviewed cancelled, withdrawn or terminated.

(4) This Act shall not affect an offence committed, a proceeding commenced or a penalty imposed under the repealed or revoked enactment before the coming into force of this Act.



SCHEDULES

FIRST SCHEDULE

(sections 19 (1), 37(1)(k) and 38)

FULLY PROTECTED ANIMALS

The hunting, capture, destruction, or possession of any species or parts of the species listed in this Schedule is prohibited except with the authorisation of the Chief Executive for the purpose of conservation, scientific research or captive breeding.

SERIES A - MAMMALS SCIENTIFIC NAME
Primata:
Chimpanzee Pan troglodytes
Black and White Colobus Colobus polykomos
Olive colobus Colobus verus
Red colobus Colobus badius
Diana monkey Cercopithecus diana
Bosman's potto Perodicticus potto
Senegal galago (Bush baby) Galago senegalensis
Dwarf galago (Bush baby) Galagoides demidovii
Pholidota:
Giant pangolin Manis gigantea
Long tailed pangolin Manis tetradactyla
Tree pangolin Manis tricuspis
Tubulidentata:
Aardvark Orycteropus afer
Sirenia Cetacea:
All whales Cetacea spp
All Dolphins Cetacea spp
Manatee Trichechus senegalensis
Carnivora:
Lion Panthera leo
Leopard Panthera pardus
Cheetah Acinonyx jubatus
Ratel or Honey Badger Mellivora capensis
Clawless otter Aonyx capensis
Golden cat Felis aurata
Lynx Felis caracal
Serval Felis serval
African civet Viverra civetta
Two spotted palm civet N andinia binotata
Forest genet Genetta maculata
Bush genet Genetta tigrina
Wild cat Felis libyca
Spotted hyena Crocuta crocuta
Hunting dog Lycaon pictus
Side striped jackal Canis adutus
Proboscidea:
Elephant Loxodonta africana
Artiodactyla:
Hippopotamus Hippopotamus amphibious
Senegal hartebeest Damaliscus lunatus
Sitatunga Tragelephus spekei
Water chevrotain Hyamoshcus aquaticus
Bongo Boocercus eurycerus
Roan antelope Hippotragus equinus
Giant forest hog H ylochoerus meinertzhageni
Reed buck Redunca redunca
Red fronted gazelle Gazella rufifrons
Yellow backed duiker Cephalophus silvicultor


SERIES B - REPTILES SCIENTIFIC NAME
Crocodilia:
Nile crocodile Crocodilus niloticus
Long snouted crocodile Crocodilus cataphractus
Broad fronted crocodile Osteolaemus tetraspis
Lacertilia:
Bose monitor lizard Varanus exanthematicus
Nile monitor lizard Varanus niloticus
Chelonia:
All marine turtles including;
Hawksbill turtle Eretmochelys imbricata
Green or Edible turtle Chelonia mydas
Leathery turtle Dermochelys coriacea


SERIES C - BIRDS SCIENTIFIC NAME
All birds of prey including:
Faclons, kites, hawks eagles, buzzards, kestrels Faclonidae
Owls Tytonidae and Strigidae
Egrets:
Great white egret Casmarodius albus
Little egret Egretta garzetta
Cattle egret Bubulcus ibis
Sagittariidae:
Secretary bird Sagittarius serpentarius
Ciconiidea (Storks):
Marabou Leptoptilos crumenif erus
Jabiru or saddle-bill Ephippiorynchus senegalensis
Sacred ibis Threskiomis aethiopicus
Hadada Hagedashia hagedash
Spotted breasted ibis Lampribis rara
Goliath heron Typhon goliath
Balearicidea (cranes):
Crowned cane Balearica pavonina
Phasianidae (Game birds):
White breasted Guinea fowl Agelastes meleagrides
Picathartidae:
Bare headed rock fowl Picathartes gymnocephalus
Sterninea:
All terns

SECOND SCHEDULE

(sections 16(2)(b)(ii), 19(2), 22(3), 37(1)(k) and 38)

PARTIALLY PROTECTED ANIMALS The hunting, capturing or destroying of any species listed in this Schedule is absolutely prohibited between 1st August and 1st December in any year. The hunting, capturing or destroying of any young or adult accompanied by its young of any species listed in this Schedule is absolutely prohibited at all times.



SERIES D

Other species of animals not specifically mentioned in any of the preceding series.

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