Endangered Animals and Plants Act 2006
ENDANGERED ANIMALS AND PLANTS ACT 2006



BERMUDA

2006 : 25

ENDANGERED ANIMALS AND PLANTS ACT 2006

Date of Assent: 20 July 2006

Operative Date: Notice in Gazette


ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

1 Short title and
commencement

2 Interpretation
3 Object of Act
4 Saving of other laws
5 Exemptions relating to

trade
6 Amendment of Appendices
7 Approved management

programmes
8 Approval of scientific

institutions and persons
9 Inter-scientific institution

transfer
10 Breeding in captivity
11 Artificial propagation
12 Export of personal or

household effects

PART II
ADMINISTRATION

13 Designation and
establishment of
authorities

14 Policy directions
15 Functions of Management

Authority
16 Functions of Scientific

Authority
17 Scientific reports

PART III
RESTRICTION ON TRADE IN

ENDANGERED ANIMALS AND
PLANTS

18 Restriction on trade
19 Application to trade in

endangered specimen
20 Export of Appendix I

specimen


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21 Import of Appendix I
specimen

22 Re-export of Appendix I
specimen

23 Introduction from sea
certificate of Appendix I
Specimen

24 Export of Appendix II
25 Import of Appendix II

specimen
26 Re-export of Appendix II

specimen
27 Introduction from the sea

of Appendix II specimen
28 Export of Appendix III

specimen
29 Import of Appendix III

specimen
30 Re-export of Appendix III

specimen

PART VI
TRANSFER, SUSPENSION AND

REVOCATION OF PERMITS
AND CERTIFICATES

31 Non-transferability and
validity of permit or
certificate

32 Grounds for refusal to
grant permit or certificate

33 Restriction on grant of
permit retrospectively

34 Suspension of permit or
certificate

35 Revocation of permit or
certificate

36 Appeal
37 Registers
38 Records

PART V
OFFENCES AND PENALTIES

39 Unlawful trade in
specimen

40 Possession and other
dealing in specimen

41 False or misleading
statements

42 Threatening authorized
officer

43 Failure to keep records
and documents

PART VI
ENFORCEMENT

44 General powers of entry,
inspection and seizure

45 Vehicle may be seized and
detained

46 Procedure regarding
application for forfeiture

47 Forfeiture of specimen
48 Search warrant

PART VII
GENERAL

49 Marking of specimen
50 Expired permit may serve

as proof of lawful import
51 Protection of members of

Management and
Scientific Authority

52 Burden of proof
53 Regulations
54 Act applies to the Crown
55 Repeal of the Endangered

Animals and Plants Act
1976



WHEREAS it is expedient to enact the Endangered Animals and
Plants Act 2006:

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3



Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

PART I

PRELIMINARY

Short title and commencement
1 This Act may be cited as the Endangered Animals and Plants Act
2006 and shall come into operation on such date as the Minister may
appoint by notice published in the Gazette.

Interpretation
2 (1) In this Act —

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

“animal reproductive material” means —

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

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

“animal specimen” means —

(a) any animal;

(b) any animal reproductive material;

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

(d) any readily recognizable part,

of a species or any derivative thereof listed as fauna in an
Appendix;

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

“approved person” means an individual declared by the
Management Authority under section 8 to be approved in
relation to a particular specimen or class of specimens;

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

“article” includes a substance or mixture of substances;

“artificial propagation” has the meaning assigned to it in section
11;

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“authorized officer” means –

(a) a police officer;

(b) a customs officer;

(c) a park ranger;

(d) a conservation officer or other officer of the Ministry
responsible for the environment;

(e) a person authorized as an authorized officer in
writing by the Minister; and

(f) a person acting in aid of one of the persons
mentioned in paragraphs (a) to (e), while acting in
the execution of that person’s office or duty;

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

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

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

“certificate of origin” means a certificate verifying the origin of a
specimen granted by the Management Authority under
section 19 (3) or by a relevant authority, as the
circumstances may require;

“controlled environment” means —

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

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

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

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

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

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

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

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

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

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

“Convention State” means a State, other than Bermuda, which is
a party to the Convention;

“critical habitat” includes any land, any land covered by water,
and where relevant, a controlled environment;

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

“export” means to take or cause to be taken out of Bermuda;

“extinction” means the termination of a species by any means;

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

“import” means bringing, causing to be brought, or introducing
from the sea, a specimen, into Bermuda by air or water,
otherwise than in transit or by trans-shipment;

“in transit” includes any occasion on which a specimen remains
on board an aircraft, a ship or any other form of transport
while being transported to a named consignee outside of
Bermuda;

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

“Management Authority” means the Management Authority
designated by the Minister under section 13(1)(a);

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“management programme” means a programme for the
protection, conservation or management of animals or plants
or both;

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

“Minister” means the Minister responsible for the environment;

“personal or household effects” means a specimen, or any
articles or ornaments manufactured from a specimen, which
are legally acquired and not intended for sale and are worn as
clothing or contained in accompanying baggage or are part of
a shipment of household effects belonging to a person moving
into or from Bermuda;

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

“plant reproductive material” means —

(a) a seed or spore of a plant;

(b) a cutting from a plant; or

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

“plant specimen” means—

(a) a plant;

(b) any plant reproductive material;

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

(d) any readily recognizable part,

of a species, or any derivative thereof listed as flora in an
Appendix;

“readily recognizable part” includes a specimen which appears
from its physical characteristics, label, mark, description or
any package or document accompanying it, to be a part or a
derivative of a specimen;

“recipient” means —

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

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

“relevant authority”, in relation to a State, means —

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

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

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

“Scientific Authority” means the Scientific Authority established
under section 13(1)(b);

“scientific institution” includes a zoo and a botanical garden;

“sender” in relation to a specimen that is imported into
Bermuda, means the person in the State from which the
specimen is imported who sent it from that State to Bermuda;

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

“specimen” includes a live or dead animal specimen or plant
specimen, unless specifically exempt under this Act;

"take" includes —

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

(b) in relation to a plant specimen, pick, break, cut, uproot,
destroy, damage, remove, collect or cut;

"trade" includes export, re-export, import and introduction from
the sea;

"trans-shipment" means the procedure whereby any specimen
remains in the custody of the Collector of Customs while
being transported to a named consignee outside of Bermuda.

(2) A reference in this Act to a State shall be construed as
including a reference to a place that is a territory, dependency,
associated state or colony (however described) of that State.

(3) For the purposes of this Act, a specimen shall be taken to
have been imported by way of introduction from the sea if the specimen
was taken in the marine environment not under the jurisdiction of any

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State and then imported without having been imported into any other
State.

(4) For the purposes of this Act, the doing of any thing to or
with a specimen that is a live animal or plant (including killing the
animal or plant or doing or failing to do any thing in relation to the
housing of the animal or plant) for the purposes of scientific research
shall be undertaken in compliance with all guidelines specified by the
Management Authority, after consultation with the Scientific Authority.

(5) For the purposes of this Act —

(a) where the common name of an animal or a plant is set
out in an Appendix next to or under a taxon, that
common name does not affect the meaning of that taxon;
and

(b) a genus, species or sub-species referred to in a
description set out in an Appendix shall be taken to be
specified in that Appendix.

(6) For the purposes of this Act, a taxon is taken to be —

(a) vulnerable, when it faces a high risk of extinction in the
medium term;

(b) endangered, when it faces a very high risk of extinction
in the near future; and

(c) extinct, when there is no reasonable doubt that the last
individual has died.

(7) For the purpose of this Act, an activity may be described as
commercial if —

(a) its purpose is to obtain economic benefit, including
profit, whether in cash or kind; or

(b) it is directed toward resale, exchange, provision of a
service or other form of economic use or benefit.

Object of Act
3 The object of this Act is to facilitate Bermuda's compliance with
the Convention by regulating —

(a) trade in specimens that are, or are derived from, animals
and plants that —

(i) are threatened with extinction or are or may be
affected by trade;

(ii) may become so threatened if international trade in
specimens of such species is not subject to strict
regulation; or

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(iii) require or are likely to require protection or the
cooperation of other States in order to prevent or
restrict exploitation; and

(b) trade in specimens that are difficult to distinguish from
specimens referred to in paragraph (a).

Saving of other laws
4 (1) The provisions of this Act and any regulations made
hereunder shall be in addition to, and not in derogation of, or in
substitution for, any other Act.

(2) A person who is the holder of a permit or certificate issued
under this Act to trade in an animal specimen or plant specimen is not,
by reason only of being the holder of the permit or authority, exempt
from compliance with any other law that applies to that specimen.

Exemptions relating to trade
5 (1) This Act shall not apply —

(a) to specimens in transit or to the trans-shipment of
specimens through Bermuda while the specimens
remain under the control of the Collector of Customs;

(b) subject to section 12 (2) and (3), to personal or
household effects;

(c) subject to section 9, to non-commercial loans, donations
or exchanges between scientists and scientific
institutions registered by a management authority of
their State; or

(d) subject to section 10(1) or 11(3) where appropriate, to
animals bred in captivity or artificially propagated
plants, that are accompanied by documentation,
attesting to the captive-bred status or artificial
propagation, issued by the relevant authority of the
State of origin.

(2) Where the Management Authority is satisfied that a
specimen was acquired before the relevant provisions of the Convention
applied to that specimen and grants a pre-convention certificate to that
effect in accordance with Part III, the provisions of this Act shall not
apply to that specimen.

(3) The Management Authority may, in accordance with Part
III, waive the requirements of this Act in relation to any specimen that
forms part of a travelling zoo, circus, menagerie, plant exhibition or other
travelling exhibition in the following circumstances —

(a) the exporter or importer notifies the Management
Authority of the full particulars of the specimen;

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(b) the specimen —

(i) was acquired before the Convention applied to it; or

(ii) was, or is a part of or derived from any specimen of
any animal species which was bred in captivity or a
plant species which was artificially propagated; and

(c) the Management Authority is satisfied that, in the case
of a living specimen, it will be so transported and cared
for as to minimize damage to health, risk of injury, or
cruel treatment.

(4) For the purposes of this Act, where a specimen is brought
into Bermuda for the purposes of trans-shipment to another State or as
part of an aircraft's stores or ship's stores and remains on board the
aircraft or ship, the specimen shall not be taken to have been imported
and when it leaves Bermuda, shall not be taken to have been exported
from Bermuda.

Amendment of Appendices
6 Whenever any Appendix is amended as a result of decisions of
the Conference of the Parties to the Convention and no reservation in
relation thereto has been entered for or in relation to Bermuda, the
Appendix shall be amended in relation to Bermuda.

Approved management programmes
7 (1) Subject to subsection (2), the Management Authority may,
by order published in the Gazette, declare a management programme
that is being, is proposed to be, or has been, carried out in Bermuda or
in another State to be an approved management programme for the
purposes of this Act.

(2) The Management Authority shall not declare a management
programme to be an approved management programme unless, on the
recommendation of the Scientific Authority —

(a) it is satisfied that —

(i) there is sufficient information available concerning
the biology of each species to which the
management programme relates and that it takes
into account the best available scientific
information on the role of that species in the
ecosystem in which it occurs, to enable the
Management Authority to evaluate that
management programme; and

(ii) the precautionary principle was applied in the
development of the management programme;

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(b) for the purpose of permitting the import or export, as the
case may be, of specimens taken, or specimens derived
from specimens that have been taken, in accordance
with the management programme —

(i) it has received and considered information relating
to that programme; or

(ii) it has consulted with the relevant body or bodies
having powers or duties under the law of any other
State for the protection, conservation or
management of animals or plants or both which are
subject to that programme;

(c) it is satisfied that the management programme contains
measures to ensure that the taking in the wild, of any
specimen —

(i) will not be detrimental to the survival of the species
to which that specimen belongs; and

(ii) will be carried out at minimal risk to the continuing
role of that species in the ecosystem in which it
occurs, so as to maintain the species in a manner
that is not likely to cause irreversible changes to, or
long term deleterious effects on, the species or its
habitat; and

(d) it is satisfied that the management programme provides
for adequate periodic monitoring and assessment of the
effects of the taking of specimens on the habitats of —

(i) the species to which those specimens belong; or

(ii) any other species that, in the opinion of the
Management Authority, are likely to be affected by
it.

(3) In this Act the reference to the precautionary principle is a
reference to the principle that where there are threats of damage, lack of
scientific certainty shall not be used as a reason for postponing or failing
to take conservation and management measures for the protection of any
species or the environment.

Approval of scientific institutions and persons
8 (1) Subject to subsection (3), the Management Authority may,
on the application of a scientific institution that is, or a person who is, in
Bermuda or in any other State, engaged in activities relating to any
specimen or species, by order published in the Gazette, declare that
institution to be an approved scientific institution or that individual to be
an approved person in relation to a specimen or species specified in the
order.

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(2) An order under subsection (1) shall have effect for such
period as may be determined by the Management Authority after
consultation with the Scientific Authority and specified in the order.

(3) The Management Authority shall not declare a scientific
institution to be an approved scientific institution or an individual to be
an approved person, unless it is satisfied as to the matters specified in
subsection (4).

(4) The matters referred to in subsection (3) are as follows —

(a) in the case of a scientific institution —

(i) it is owned, controlled or administered by the
government of Bermuda or any other State; and

(ii) in any other case, subject to paragraph (d)(i), it
does not engage in commercial transactions in the
specimen or species specified in the order;

(b) one of the institution's functions is, or the individual is
engaged in –

(i) the breeding of animals, the artificial propagation of
plants or the public exhibition of specimens; and

(ii) the carrying out of research or investigation into
specimens or species for which approval is sought;

(c) where the institution is situated, or the individual is
located, in Bermuda, it is engaged in commercial
transactions only in relation to specimens that are, or
are derived from —

(i) animals and plants that were bred in captivity or
artificially propagated; or

(ii) specimens that have been taken in accordance with
an approved management programme;

(d) where the institution is situated, or the individual is
located, outside of Bermuda, the institution or the
individual does not engage in commercial transactions in
specimens —

(i) that are, or are derived from, native Bermudian
animals or plants; or

(ii) that are specified in Appendix I, unless they are
derived from animals or plants (other than native
Bermudian animals or plants) that were bred in
captivity or artificially propagated;

(e) the institution or individual —

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(i) possesses resources and qualifications that enable
the undertaking of research or investigation;

(ii) publishes the results of its research or investigation
or otherwise makes those results available to the
Management Authority and the public or the
government of the country in which it is situated;
and

(iii) imports or exports specimens taken in the wild only
if specimens that were bred in captivity or
artificially propagated cannot be used for the
purposes of the research or investigation, or public
education; and

(f) the institution or individual is suitably equipped to —

(i) manage, confine, care for, and where appropriate
house, live specimens;

(ii) maintain adequate records relating to the
management, breeding, mortality and disposal of
specimens; and

(iii) produce those records when required to do so by
the Management Authority.

Inter-scientific institution transfer
9 For the purposes of this Act, trade in any specimen shall be
taken to be a transfer between scientific institutions if —

(a) the exporter or the sender, as the case may be, is an
approved scientific institution in relation to a class of
specimens that includes that specimen;

(b) in the case of a specimen that is a live animal or a live
plant, it is not required by the exporter or the sender, as
the case may be, for the purposes of breeding, artificial
propagation or exhibition;

(c) in the case of a specimen other than a specimen that is,
or is derived from, a live animal that was bred in
captivity or a plant that is artificially propagated, the
specimen was not purchased or otherwise obtained for
the purposes of trade; and

(d) the recipient is an approved scientific institution in
relation to a class of species that includes that
specimen.

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Breeding in captivity
10 (1) An animal specimen specified in Appendix I, bred in
captivity for primarily commercial purposes, shall be deemed to be a
specimen included in Appendix II.

(2) Where, in relation to the trade in an animal specimen of a
species specified in Appendix II or III, the Management Authority is
satisfied that the specimen was bred in captivity in Bermuda, the
Management Authority shall issue a captive breeding certificate in
accordance with Part III to that effect; and the certificate shall, in
relation to the specimen, be in lieu of any permit required under this Act.

(3) Where an indigenous animal specimen is bred in captivity
for scientific research and scientific exchange, the genetic material of
that specimen shall be the property of the Government of Bermuda.

(4) The Minister may, by regulations made under section 53,
make such provisions as are considered necessary for regulating the
operation of breeding in captivity.

Artificial propagation
11 (1) For the purposes of this Act, the propagation of a live plant
shall constitute artificial propagation in the following circumstances —

(a) the plant was grown by humans from seeds, cuttings,
callus tissue, spores or other propagules in controlled
conditions; or

(b) the seeds, cuttings, callus tissue, spores or other
propagules are —

(i) established and maintained in a manner that is not
detrimental to the survival in the wild of that kind
of plant; and

(ii) managed in a manner designed to maintain the
breeding stock indefinitely.

(2) In subsection (1) "controlled conditions" means the growing
of a live plant in an environment that —

(a) is manipulated by humans for the purpose of producing
that kind of plant; and

(b) includes characteristics such as weed control, irrigation,
tillage, fertilization and nursery operations such as
potting, bedding and protection from the weather.

(3) A plant specimen included in Appendix I which is artificially
propagated for commercial purposes shall be deemed to be a specimen
included in Appendix II.

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(4) Where, in relation to trade in an indigenous specimen the
Management Authority is satisfied that the specimen was artificially
propagated in Bermuda, the Management Authority shall issue a
certificate of artificial propagation in accordance with Part III to that
effect; and the certificate shall in relation to the specimen, be in lieu of
any permit granted under this Act.

(5) Where an indigenous specimen is artificially propagated for
scientific research and scientific exchange, the genetic material of that
specimen shall be the property of the Government of Bermuda.

Export of personal or household effects
12 (1) Subject to subsections (2) and (3), the provisions of Part III
shall not apply to specimens that are personal or household effects.

(2) Subsection (1) shall not apply in the following
circumstances —

(a) where any specimens of a species specified in Appendix I
were acquired by the owner outside of Bermuda and are
being imported; or

(b) where specimens of a species specified in Appendix II or
III —

(i) were acquired by the owner outside Bermuda, in a
State where removal from the wild occurred;

(ii) are being imported; and

(iii) the State referred to in sub-paragraph (i) requires
the prior grant of an export permit before the
exportation of any such specimens,

unless the Management Authority is satisfied that the specimens were
acquired before the provisions of the Convention applied to those
specimens.

(3) The Minister may, by order, declare that the exemption
conferred by subsection (1) shall not apply to any article of personal or
household effects made of specimens of a particular species specified in
the order.

PART II
ADMINISTRATION

Designation and establishment of authorities
13 (1) For the purposes of this Act, the Minister may, by order
published in the Gazette —

(a) designate a public body to be the Management
Authority; and

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(b) establish any body consisting of such members as he
may, from time to time, appoint to be known as the
Scientific Authority.

(2) The Scientific Authority may regulate its own proceedings.

(3) In subsection (1), "public body" means a department or
agency of Government or a statutory body or authority.

Policy directions
14 The Minister may, after consultation with the Chairman, give to
the Management Authority such directions of a general character as to
the policy to be followed by the Authority in the performance of its
functions as appear to the Minister to be necessary in the public interest
and the Authority shall give effect to the directions.

Functions of Management Authority
15 (1) The Management Authority shall —

(a) facilitate Bermuda’s compliance with the Convention;

(b) take such steps as are necessary for the protection,
conservation and management of endangered species of
animals and plants against over-exploitation through
international trade;

(c) consult with the Scientific Authority on the scientific
aspects of the implementation of the Convention;

(d) promote public awareness of endangered species of
animals and plants and foster understanding of their
importance to the conservation of the environment;

(e) advise the Minister on matters of policy relating to trade
in endangered species of animals and plants;

(f) grant permits and certificates in respect of trade in
endangered species of animals and plants;

(g) in consultation with the Scientific Authority, determine
national quotas in relation to the exportation of any
species where it considers such quotas justifiable having
regard to the population of that species;

(h) in consultation with the Scientific Authority, formulate
and implement or cause the formulation and
implementation of a recovery and management plan for
endangered species of wild fauna and flora specified in
Appendix I, II or III and implement or cause the
implementation of approved management programmes;

(i) in consultation with the Scientific Authority and any
other body responsible for the protection and

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conservation of endangered species of wild fauna and
flora specified in Appendix I, II or III, identify critical
habitats for that fauna and flora;

(j) enter into agreements to secure the protection and
conservation of animals and plants referred to in
paragraph (i);

(k) monitor trade in a specimen or species specified in any
of the Appendices; and

(l) perform such other functions pertaining to international
trade in endangered animals and plants as may be
assigned to it, from time to time, by the Minister.

(2) The Management Authority shall —

(a) determine, after consultation with the Scientific
Authority and such Departments of Government or other
bodies as it sees fit, the method of shipment, including
container and other packaging requirement necessary
for transport of a specimen specified in the Appendices;

(b) consult with the Scientific Authority regarding proposals
for amendment of the Appendices; and

(c) prepare annual reports regarding trade in endangered
species of animals and plants.

Functions of Scientific Authority
16 (1) The Scientific Authority shall —

(a) advise the Management Authority on —

(i) whether any species is vulnerable, threatened, at
risk, endangered, extirpated or extinct; and

(ii) matters in respect of which advice is sought by the
Management Authority;

(b) advise the Minister on policy relating to trade in
endangered animals and plants;

(c) recommend, initiate, carry out or support, research
which, in its opinion, is relevant to any of its functions;
and

(d) perform such other functions pertaining to trade in
endangered animals and plants as may be assigned to it,
from time to time, by the Minister or the Management
Authority.

(2) The Scientific Authority shall —

(a) advise the Management Authority on whether —

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(i) a proposed trade in a specimen will be detrimental
to the survival of that species; and

(ii) it is satisfied that the proposed recipient of a living
specimen is suitably equipped to house and care
for it;

(b) monitor the grant of export permits and the actual
export of specimens;

(c) monitor the status of native species listed in the
Appendices, if any, and export data, and recommend, if
necessary, remedial measures to limit the export of
specimens relating to them in order to maintain each
species throughout its range at a level consistent with its
role in the ecosystem in which it occurs;

(d) advise the Management Authority on suitable measures
to be taken to limit the grant of export permits for a
species where it determines that the limitation is
necessary to maintain the species throughout its range
at a level consistent with its role in the ecosystem in
which it occurs and above the level at which that species
might become eligible for inclusion in an Appendix;

(e) advise the Management Authority as to whether or not
scientific institutions and individuals seeking approval
under section 8(1) meet any established criteria;

(f) review all applications submitted for consideration under
Article VII, paragraph 4 or 5 of the Convention and
advise the Management Authority as to whether the
facility concerned meets the criteria for producing
specimens considered to be bred in captivity or
artificially propagated; and

(g) review proposals to amend the Appendices submitted by
parties to the Convention.

Scientific reports
17 (1) The Scientific Authority shall cause to be prepared and
transmitted to the Management Authority and the Minister an annual
report on —

(a) any specimen or species which is vulnerable, threatened,
at risk, endangered, extirpated or extinct; and

(b) the status of the endangered animals and plants
specified in the Appendices.

(2) A report under subsection (1) may contain —

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(a) subject to subsection (3), a list of species in Bermuda
and in other countries which are vulnerable, threatened,
at risk, endangered, extirpated or extinct and the reason
for arriving at the conclusions;

(b) a description of any critical factor;

(c) any recommendation for any species to be included in or
removed from any of the Appendices; and

(d) an assessment of any species in a range of other states.

(3) The list referred to in subsection (2) (a) shall be based on
the best available scientific evidence or ecological principles, however,
where little or no scientific evidence is available, the Scientific Authority
may ground its reasons on the precautionary principle or other relevant
information or facts.

(4) The Management Authority may accept or reject all or any
part of the recommendations contained in the report.

(5) Where the Management Authority rejects any
recommendation contained in a report, or any part thereof, it shall give
reasons.

(6) The Minister shall cause a copy of the report, and any
comments on the report, to be laid on the Table of the House of Assembly
and the Senate.

PART III
Restriction on trade in endangered animals and plants

Restriction on trade
18 Except under and in accordance with the provisions of this Act
and any regulations made hereunder, no person shall trade in any plant
specimen or animal specimen.

Application to trade in endangered specimen
19 (1) Every person who proposes to trade in any specimen of a
species specified in the Appendices shall apply in the prescribed form to
the Management Authority for the appropriate permit or certificate as
follows —

(a) an export permit;

(b) an import permit;

(c) a re-export certificate;

(d) an introduction from the sea certificate;

(e) a pre-Convention certificate;

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(f) a certificate of personal ownership;

(g) a travelling-exhibition certificate;

(h) a certificate of origin; or

(i) a certificate of artificial propagation or captive breeding.

(2) An application under subsection (1) shall be accompanied
by the fees prescribed under the Government Fees Act 1965 and any
information or document required by the Management Authority.

(3) The Management Authority may in relation to an
application made under subsection (1) —

(a) grant the permit or certificate either unconditionally or
subject to such conditions as it may specify; or

(b) refuse to grant the permit or certificate.

(4) Where the Management Authority refuses to grant a permit
or certificate under this section, it shall so inform the applicant in
writing stating the reasons for refusal.

Export of Appendix I specimen
20 The Management Authority may grant an export permit in
relation to a specimen of a species specified in Appendix I, if -

(a) the Scientific Authority advises the Management
Authority that it is satisfied that the exportation thereof
will not be or is not likely to be detrimental to or
contribute to trade which is detrimental to the survival
of the species;

(b) the application for the permit relates to —

(i) scientific research; or

(ii) a transfer from one scientific institution to another
scientific institution; and

(c) it is satisfied that —

(i) the specimen was not obtained in contravention of
any law of Bermuda relating to the protection,
conservation and management of animals and
plant;

(ii) any living specimen will be prepared and
transported in such manner as to minimize damage
to health, risk of injury, or cruel treatment;

(iii) an import permit has been granted by a relevant
authority of the State of import; and

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(iv) the circumstances concerning the exportation are
exceptional.

Import of Appendix I specimen
21 The Management Authority may grant an import permit in
respect of a specimen of a species specified in Appendix I, if —

(a) the Scientific Authority advises the Management
Authority that it is satisfied that —

(i) the importation thereof is for purposes which are
not detrimental to, and will not contribute to trade
which is detrimental to, the survival of the species;

(ii) the proposed recipient of a living species is suitably
equipped to house and care for it; and

(b) it is satisfied that the specimen is not intended to be
used for primarily commercial purposes.

Re-export of Appendix I specimen
22 The Management Authority may grant a re-export certificate in
respect of any specimen of a species specified in Appendix I, if —

(a) the Scientific Authority advises the Management
Authority that it is satisfied that the exportation thereof
will not be or is not likely to be detrimental to or
contribute to trade which is detrimental to the survival
of the species;

(b) the application for the permit relates to —

(i) scientific research; or

(ii) a transfer from one scientific institution to another
scientific institution; and

(c) it is satisfied that —

(i) the specimen was not obtained in contravention of
any law of Bermuda or any other country. relating
to the protection, conservation and management of
animals and plant;

(ii) the specimen was not imported in contravention of
any law of Bermuda or any other country;

(iii) any living specimen will be prepared and
transported in such manner as to minimize damage
to health, risk of injury, or cruel treatment;

(iv) an import permit has been granted by a relevant
authority of the State of import; and

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(v) the circumstances concerning the exportation are
exceptional.

Introduction from sea certificate of Appendix I specimen
23 The Management Authority may grant an introduction from the
sea certificate in relation to any specimen specified in Appendix I, if —

(a) the Scientific Authority advises the Management
Authority that the introduction thereof will not be
detrimental to the survival of the species; and

(b) the Management Authority is satisfied that —

(i) in the case of a living specimen, the proposed taker
and the proposed recipient each is suitably
equipped to house and care for it; and

(ii) the specimen is not intended to be used for
primarily commercial purposes.

Export of Appendix II specimen
24 (1) The Management Authority may grant an export permit in
respect of a specimen of a species specified in Appendix II, if —

(a) the Scientific Authority advises the Management
Authority that it is satisfied that such exportation will
not be, or is not likely to be, detrimental to the survival
of the species; and

(b) the Management Authority is satisfied that —

(i) the specimen was not obtained in contravention of
any other law of Bermuda relating to the
conservation or management of animals and plants;
and

(ii) any living specimen will be prepared and
transported in such a manner as to minimize
damage to health, risk of injury, or cruel treatment.

(2) The Scientific Authority shall advise the Management
Authority on suitable measures to be taken to limit the grant of export
permits, where the Scientific Authority determines that the export of a
specimen of any species shall be limited in order to maintain the species —

(a) throughout its range at a level consistent with its role in
the ecosystem in which it occurs; and

(b) above the level at which that species might become
eligible for inclusion in Appendix I.

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Import of Appendix II specimen
25 A specimen of a species specified in Appendix II, may be
imported, if —

(a) the Management Authority is satisfied that —

(i) the specimen will not be used for purposes which
are detrimental to the survival of the species; and

(ii) in the case of a living specimen, the proposed
recipient is suitably equipped to house and care for
it; and

(b) the specimen is accompanied by an export permit or a
re-export certificate, as the case may require, issued by
a relevant authority in the State of export or re-export.

Re-export of Appendix II specimen
26 The Management Authority may grant a re-export certificate in
respect of any specimen specified in the Appendix II, if it is satisfied
that —

(a) the specimen was imported in accordance with the
provisions of this Act; and

(b) any living specimen will be prepared and transported in
such a manner as to minimize. damage to health, risk of
injury, or cruel treatment.

Introduction from the sea of Appendix II specimen
27 The Management Authority may grant an introduction from the
sea certificate in respect of any species specified in the Appendix II, if —

(a) the Scientific Authority advises the Management
Authority that the introduction from the sea of that
species will not be detrimental to the survival of the
species; and

(b) it is satisfied that —

(i) the proposed recipient of a living specimen is
suitably equipped to house and care for it; and

(ii) any living specimen will be prepared and
transported in such a manner as to minimize
damage to health, risk of injury, or cruel treatment.

Export of Appendix III specimen
28 (1) Where a specimen is of a species included in Appendix III in
relation to Bermuda, the Management Authority may grant an export
permit in respect of the any specimen, if —

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(a) the Scientific Authority advises the Management
Authority that it is satisfied that the export of that
species will not be or is not likely to be detrimental to
the survival of the species; and

(b) it is satisfied that —

(i) the specimen was not obtained in contravention of
any law relating to the conservation and
management of animals and plants; and

(ii) any living specimen will be prepared and
transported in such a manner as to minimize
damage to health, risk of injury, or cruel treatment.

(2) Where a specimen is of a species included in Appendix
III, but not in relation to Bermuda, the Management Authority may grant
a certificate of origin in respect of that specimen in accordance with
section 19.

Import of Appendix III specimen
29 A specimen of a species specified in Appendix III, may be
imported, if -

(a) the Management Authority is satisfied that —

(i) the specimen will not be used for purposes which
are detrimental to the survival of the species; and

(ii) in the case of a living specimen, the proposed
recipient is suitably equipped to house and care for
it; and

(b) the specimen is accompanied by -

(i) a certificate of origin issued by the relevant authority
in the country of origin; and

(ii) where the specimen is being imported from a
Convention State which has included the species to
which the specimen belongs in Appendix III an
export permit.

Re-export of Appendix III specimen
30 (1) The Management Authority may grant a re-export certificate
in respect of the re-export of any specimen specified in Appendix III, if it
is satisfied that —

(a) the specimen was imported in accordance with the
provisions of this Act; and

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25



(b) any living specimen will be prepared and transported in
such a manner as to minimize damage to health, risk of
injury, or cruel treatment.

(2) In any proceedings relating to the re-export of a specimen to
which this section applies, a certificate granted by the Management
Authority that the specimen was processed in Bermuda or is being re-
exported shall be conclusive evidence that the specimen was imported in
accordance with this Act.

PART IV
TRANSFER, SUSPENSION AND REVOCATION OF PERMIT OR

CERTIFICATE

Non-transferability and validity of permit or certificate
31 (1) A permit or certificate granted pursuant to this Act shall not
be transferable and shall be valid for such period as is specified therein,
being a period not exceeding —

(a) six months, in the case of an import permit; and

(b) three months, in the case of an export permit or a
re-export certificate.

(2) Any copy of a permit or certificate issued by the
Management Authority shall be clearly marked as a copy only and,
except to the extent endorsed on it, no copy shall be used in place of the
original.

Grounds for refusal to grant permit or certificate
32 The Management Authority may refuse to grant a permit or
certificate under this Act —

(a) in any case where the Scientific Authority recommends
its refusal on the ground that the grant of the permit or
certificate would not be in the public interest, having
regard to such factors as the Scientific Authority
considers relevant, including —

(i) the need for the protection of certain species of wild
animals and plants from over-exploitation through
international trade;

(ii) the preservation of the character of the environment,
including the animals and plants; and

(iii) the availability of the natural environment for the
enjoyment of the public;

(b) where an application contains or is based on false or
misleading representation or information which is false
in a material particular;

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(c) to an individual who —

(i) is under the age of eighteen years; or

(ii) has been convicted of an offence under this Act
during the period of ten years immediately
preceding the date of the application; or

(d) to a body corporate —

(i) in respect of which a resolution has been passed for
voluntary winding up or an order has been made by
a court of competent jurisdiction for its winding up;

(ii) if a receiver has been appointed to manage any of
its assets;

(iii) if during the period of ten years immediately
preceding the date of application, any of its
directors has been convicted of an offence specified
in section 39, 40,41,42, or 43; or

(iv) which has been convicted of an offence under this
Act during the period of five years immediately
preceding the date of the application.

Restriction on grant of permit retrospectively
33 The Management Authority shall not issue a permit or certificate
retrospectively.

Suspension of permit or certificate
34 (1) Subject to subsection (2,) the Management Authority may
suspend a permit or certificate if —

(a) the holder is in breach of —

(i) any provision of this Act or any regulations made
hereunder or any other enactment providing for the
protection, conservation and management of
natural resources or the environment; or

(ii) any term or condition subject to which the permit
or certificate is granted; or

(b) the holder notifies the Management Authority in writing
that he intends to cease the activities to which the
permit or certificate relates for the period stated in the
notice.

(2) Before suspending a permit or certificate under subsection
(1), the Management Authority shall notify the holder in writing of the
proposed suspension —

(a) stating the reasons;

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(b) requiring the holder of the permit or certificate, in the
case of a breach, to remedy the breach within the time
specified in the notice; and

(c) stating that the permit or certificate is to be returned
within a specified time to the Management Authority.

(3) A holder of a permit or certificate who is served with a
notice under subsection (2) shall, after remedying the breach which gave
rise to the suspension, notify the Management Authority in writing that
the breach has been remedied.

(4) The Management Authority shall, upon receipt of a notice
referred to in subsection (3), cause an inspection to be carried out and if
the Management Authority is satisfied that the breach has been
remedied, it shall withdraw the notice of suspension.

Revocation of permit or certificate
35 The Management Authority may revoke a permit or certificate if
it is satisfied that —

(a) the application contained any false or misleading
information in any material particular;

(b) the holder has failed to remedy a breach which gave rise
to the suspension of the permit or certificate under
section 34, within the time specified in the notice under
subsection (2) of that section; or

(c) there has been a material change in the circumstances
which existed at the time the permit or certificate was
granted which would justify such revocation.

Appeal
36 (1) A person who is aggrieved by the decision of the
Management Authority to refuse to grant a permit or certificate or to
suspend or revoke a permit or certificate may appeal in writing to the
Minister within twenty-eight days of the date of notification of the
decision.

(2) The appeal shall set out the grounds of appeal and shall be
accompanied by copies of any correspondence, documents or statements
relevant to the appeal.

(3) Notice in writing of the appeal together with copies of the
correspondence, documents or statements referred to in subsection (2)
shall be served on the Management Authority at the time when the
appeal is lodged.

(4) The Minister shall, within seven days of the receipt of the
appeal under subsection (1), request the Management Authority to

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supply him, within fourteen days, with a statement in writing setting out
the reasons for its decision.

(5) The Minister may order that any books, papers,
correspondence, documents or statements, relating to the appeal which
are in the possession of the appellant, the Management Authority, the
Scientific Authority, or any other person, be produced at the hearing of
the appeal.

(6) The Minister shall cause all parties to the appeal to be
informed by notice —

(a) of the date of the hearing of the appeal, being a date not
later than three months after the date of the notice;

(b) that they may appear themselves or by their attorneys
at-law; and

(c) that they may summon witnesses in their cause.

(7) On hearing an appeal under this section, the Minister may –

(a) dismiss the appeal and confirm the decision of the
Management Authority;

(b) allow the appeal and set aside the decision;

(c) vary the decision; or

(d) direct that the matter be determined afresh by the
Management Authority.

(8) The Minister shall forward one copy of his decision under
subsection (7) to the Management Authority and one copy to the
appellant.

(9) Any person who is aggrieved by a decision of the Minister
under subsection (7) may seek judicial review of the decision.

Registers
37 (1) The Management Authority shall keep registers which shall
contain such particulars as may be prescribed.

(2) Every register referred to in subsection (1) shall be open for
inspection by the public at the offices of the Management Authority
during office hours, free of charge, and the Management Authority shall,
on payment of the prescribed fee, cause to be made copies of any entry
in any such register.

Records
38 (1) Every person to whom a permit or certificate is granted
pursuant to this Act shall keep such books, documents, records or
things as may be prescribed relating to the activities to which the permit
or certificate relates.

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(2) Where the holder of a permit or certificate sells or
otherwise transfers a specimen to which it relates, the original permit or
certificate or a copy thereof shall be given to the buyer or transferee.

PART V
Offences and Penalties

Unlawful trade in specimen
39 Every person who trades in any specimen without a permit or
certificate under this Act commits an offence and shall be liable —

(a) on summary conviction to a fine not exceeding one
million dollars or to imprisonment for a term not
exceeding three years or to both; or

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

Possession and other dealings in specimen
40 Every person who –

(a) sells, exposes for sale, offers for sale, delivers, receives,
transports or otherwise deals in a specimen that has been
traded in a manner contrary to this Act, or

(b) has in his possession or under his control, any specimen
that has been traded in a manner contrary to this Act,

commits an offence and shall be liable on summary conviction to a fine
not exceeding one million dollars or to imprisonment for a term not
exceeding three year or to both.

False or misleading statements
41 (1) Every person who, being required by this Act to make or
furnish any declaration, statement, representation or information or to
produce any permit or certificate or who, for the purpose of obtaining
any permit under this Act —

(a) makes or furnishes any declaration, statement,
representation or information, whether oral or in writing,
which is false or misleading in a material particular; or

(b) knowingly utters, produces, or makes use of any permit,
certificate or written permission which he knows or has
reason to believe is false in any material particular, which
has not been given by the person by whom it purports to
have been given, or which has been in any way altered or
tampered with;

(c) falsifies or unlawfully amends any information contained in
a permit or certificate;

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(d) without lawful authority alters, forges, mutilates or defaces
any permit or certificate; or

(e) knowingly makes use of any permit or certificate which has
been so falsified, unlawfully amended, altered, forged,
mutilated or defaced,

commits an offence and shall be liable on summary conviction to a fine
not exceeding one million dollars or to imprisonment for a term not
exceeding three years or to both.

Threatening authorized officer
42 Any person who threatens, assaults, impedes or obstructs an
authorized officer acting in the execution of his duties under this Act
commits an offence and shall be liable on summary conviction to a fine
not exceeding one million dollars or to imprisonment for a term not
exceeding three years or to both.

Failure to keep records and documents
43 Every holder of a permit or certificate who —

(a) fails to keep any records or other documents required by
this Act or any regulations made hereunder;

(b) fails, without reasonable excuse, to produce such books,
records or other documents to an authorized officer
upon being requested to do so; or

(c) contravenes section 38(2),

commits an offence and shall be liable on summary conviction to a fine
not exceeding one hundred thousand dollars or to imprisonment for a
term not exceeding three months or to both.

PART VI
ENFORCEMENT

General powers of entry, inspection and seizure
44 (1) An authorized officer may, for the purpose of the execution
of this Act, enter at all reasonable times the business premises of any
person trading in or suspected of trading in any specimen and inspect
any book, document, permit, certificate, record or things relating thereto.

(2) An authorized officer may, during the course of an
inspection pursuant to subsection (1) —

(a) seize and detain —

(i) any specimen found therein; and

(ii) any equipment or other article found therein; and

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(b) take samples of any specimen found therein, which the
authorized officer reasonably believes is being used in
contravention of any provision of this Act..

Vehicle may be seized and detained
45 (1) Where an authorized officer has reasonable cause to
suspect that any vehicle, aircraft, vessel, article, enclosure, container or
other storage facility, device or apparatus (hereinafter referred to as
"specified equipment") is being used or has been used in the commission
of an offence against this Act, the authorized officer may, with a warrant,
search the specified equipment, and if the search reveals evidence that
the specified equipment is being used or has been used for the
commission of any offence as aforesaid, the authorized officer may seize
and detain the specified equipment.

(2) Where any specified equipment is seized pursuant to this
section and —

(a) any person is convicted of an offence under this Act; and

(b) the court is satisfied that —

(i) the person owns the specified equipment used in
the commission of the offence;

(ii) the owner permitted it to be so used; or

(iii) the circumstances are otherwise such that it is just
to do so,

the court shall, upon the application by the Director of Public
Prosecutions, order the forfeiture of the specified equipment.

(3) On the application of the Director of Public Prosecutions
before a magistrate, the court may make an order in accordance with
subsection (4), notwithstanding that the conditions mentioned in
subsection (2) have not been satisfied.

(4) The court may order the forfeiture of the specified
equipment if the court is satisfied that —

(a) the specified equipment has been abandoned; or

(b) the circumstances in which the specified equipment was
seized give reasonable cause to suspect that it was being
used or has been used for the purpose of committing an
offence against this Act, and it is otherwise just to do so.

Procedure regarding application for forfeiture
46 (1) Where the Director of Public Prosecutions intends to apply
to the court for an order of forfeiture under section 45(3) he shall,
subject to subsection (2) of this section, give to any person who, to his
knowledge, was at the time of the seizure, the owner thereof, notice of

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the seizure and the intention to apply for forfeiture and the grounds
thereof.

(2) Notice shall not be required under subsection (1) if the
seizure under section 45(1) was made in the presence of the owner or his
servant or agent.

(3) Where the Director of Public Prosecutions is unable to
ascertain the owner of or any person having an interest in any specified
equipment to which this section applies, he shall, not less than thirty
days prior to the application, publish a notice in the Gazette regarding
the intention to apply to a magistrate for an order for forfeiture.

(4) Any person having a claim to any specified equipment
seized under this Act may appear at the hearing of the application for
forfeiture and show cause why such an order should not be made.

(5) Where, on the hearing of an application for forfeiture
pursuant to section 45(3), no person appears before the court to show
cause as mentioned in subsection (4) of this section, the court shall
presume that the specified equipment has been abandoned.

(6) If, upon the application of a person prejudiced by an order
made under section 45(2) or (3), the court is satisfied that it is just in the
circumstances of the case to revoke the order, the court may —

(a) revoke such order upon such terms and conditions, if
any, as it deems appropriate; and

(b) without prejudice to the generality of paragraph (a),
require such person to pay in respect of storage,
maintenance, administrative expenses, security and
insurance of the specified equipment, such amount as
may be charged by the person in whose custody the
specified equipment was kept.

(7) An application to the court under subsection (6) for the
revocation of an order shall be made within thirty days of the date of the
order or such longer period not exceeding six months after the date of
the order as the court may allow.

Forfeiture of specimen
47 (1) Every specimen of a species in respect of which there is a
conviction for an offence against this Act shall be forfeited to the Crown.

(2) Subject to subsection (3), where any specimen is forfeited
under subsection (1) the court may, on the application by the
Management Authority, order that the specimen be —

(a) returned to the wild;

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33



(b) stored or kept in, placed under the control or
management of, or donated to an approved scientific
institution; or

(c) returned to its owner or country of origin at the expense
of the owner or that State, as the case may be, or to
such place as the Management Authority deems
appropriate.

(3) The Management Authority may issue the appropriate
permit or certificate to any person or body to facilitate compliance with
an order under subsection (2).

Search warrant
48 Where a magistrate is satisfied by information on oath that there
is reasonable ground for suspecting —

(a) that any specimen to which this Act applies is in the
possession or under the control of any person on any
premises in contravention of the provisions of this Act or
of any regulations made hereunder; or

(b) that there is in the possession of or under the control of
any person on any premises in Bermuda, any document
directly or indirectly relating to or connected with any
transaction or dealing in any such specimen which —

(i) if carried out would be an offence against this Act;
or

(ii) relates to a transaction or dealing carried out or
intended to be carried out in any place outside
Bermuda which would be an offence against the
provisions of any corresponding law in force in that
place,

the magistrate may grant a search warrant authorizing the authorized
officer named in the warrant, at any time or times within one month
from the date of the warrant, to enter and search the premises and seize
and detain any document or species or detain any person found therein.

PART VII
General

Marking of specimen
49 (1) The Management Authority may where it deems
appropriate-

(a) brand, label or mark any specimen; or

(b) require any owner, importer, exporter or re-exporter to
brand, label or mark any specimen or cause any

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34



specimen which is being traded to be branded, labelled
or marked,

with such brand, label or mark as is capable of identifying a specimen
and is designed in such a manner as to prevent the imitation thereof by
unauthorized persons.

(2) In this section, a reference to the branding, labelling or
marking of a plant specimen or animal specimen includes a reference to
the following—

(a) in the case of a plant —

(i) the labelling or marking of a container in which the
plant is kept or in which the plant is growing; or

(ii) the placement of a label or tag on the plant; and

(b) in the case of an animal —

(i) the implantation of a scannable device in the animal;

(ii) the placement of a band on any part of the animal;

(iii) the placement (whether by piercing or otherwise) of a
tag, tattoo or ring on any part of the animal; or

(iv) the labelling or marking of a container in which the
animal is kept.

Expired permit may serve as proof of lawful import
50 If in any proceedings any question arises as to whether a
specimen is lawfully imported or is lawfully in the possession of, the
holder thereof, an expired permit or certificate granted under this Act
may serve as proof of the lawful domestic trade, lawful trade in or
possession of the specimen to which it relates.

Protection of members of Management and Scientific Authority
51 No action, suit, prosecution or other proceedings shall be
brought or instituted personally against any member of the Management
Authority or the Scientific Authority in respect of any act done bona fides
in pursuance or execution or intended execution of that Authority's
functions under this Act.

Burden of proof
52 The burden of providing the burden of proof that the provisions
of this Act do not apply or have been complied with in relation to any
offence for which anc accused is charged under this Act shal be on the
accused.

ENDANGERED ANIMALS AND PLANTS ACT 2006


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Regulations
53 (1) Subject to this Act, the Minister may make regulations for
administering this Act and for giving effect to its objects and intentions
and without prejudice to the generality of the foregoing, may make
regulations—

(a) in relation to the carrying into effect of the Convention
and any amendment thereto and international standards
and recommended practices for the protection and
conservation of endangered species of wild animals and
plants;

(b) the establishment of national and individual export
quotas in respect of any species or specimen specified in
the Appendices;

(c) the certification and registration of nurseries which
conduct artificial propagation of plants listed in the
Appendices;

(d) the certification and registration of facilities which
conduct breeding in captivity of any animal listed in any
of the Appendices; and

(e) prescribing —

(i) the procedures for applications for the issue of
permits or certificates;

(ii) the fees payable under the Government Fees Act
1965 in respect of the grant of any permit or
certificate and such other service as the
Management Authority may determine;

(iii) the manner of keeping registers, records and the
contents and form of such registers and reports;

(iv) biological criteria and trade criteria for the
inclusion of species in the Appendices; and

(v) any other matter required by this Act to be
prescribed.

(2) Regulations made under this Act shall be subject to the
negative resolution procedure.

Act applies to the Crown
54 This Act binds the Crown.

Repeal of the Endangered Animals and Plants Act 1976
55 The Endangered Animals and Plants 1976 is repealed.