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Chapter 71:07 - Wild Birds Protection

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L.R.O. 1/2012
LAWS OF GUYANA
WILD BIRDS PROTECTION ACT
CHAPTER 71:07
Act
31 of 1919
Amended by
27 of 1934 42/1978 18 of 1962 64/1979
4 of 1972 68/1990 6 of 1997





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Note
on
Subsidiary Legislation

This Chapter contains no subsidiary legislation.
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CHAPTER 71:07
WILD BIRDS PROTECTION ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Wounding, capturing or killing wild birds specified in the First
Schedule.
4. Protection of captive birds.
5. Onus of proof on charge of export of wild bird.
6. Wounding or killing wild bird specified in Second Schedule during
closed season.
7. Exceptions in certain cases.
8. Licences to kill wild birds or export them.
9. Power to alter Schedules and close season.
10. Requiring offender’s name.
11. Procedure and evidence.
FIRST SCHEDULE—List of wild birds absolutely protected.
SECOND SCHEDULE—List of wild birds protected during close
season.
THIRD SCHEDULE—Definitions of close season.
__________________________ 1929 Ed.
c. 273
1953 Ed.
c. 260 _______________________________________________________
31 of 1919 An Act for the protection of certain Wild Birds.
[30TH SEPTEMBER, 1919]
Short title.
1. This Act may be cited as the Wild Birds Protection
Act.
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Interpretation.
Schedule.
[27 of 1934]

Wounding,
capturing or
killing wild
birds specified
in the First
Schedule.
[18 of 1962
6 of 1997]

Protection of
captive birds.
[18 of 1962
4 of 1972
6 of 1997]
2. In this Act—
“the close season” means the period or periods specified in
the Third Schedule as amended from time to time by
order of the Minister;
“wild bird” means any bird specified in the First or the
Second Schedule.
3. Everyone who—
(a) knowingly wounds, or kills, any wild
bird specified in the First Schedule; or
(b) exposes or offers for sale or exports or
attempts to export from Guyana, any
wild birds or part of any wild bird
captured or killed after the
commencement of this Act,
shall be liable to a fine of four thousand eight hundred and
seventy-five dollars for each wild bird or part thereof in
respect of which the offence is committed.
4. (1) If any person keeps or confines any bird
whatsoever in any cage or other receptacle which is not
sufficient in height, length and breadth to permit the bird to
stretch its wings freely, he shall be liable to a fine of four
thousand eight hundred and seventy-five dollars:
Provided that this subsection shall not apply to
poultry, or to the keeping or confining of any bird—
(a) while that bird is in course of
conveyance, whether by land, air or
water; or
(b) while that bird is being shown for the
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[18 of 1962]

Onus of proof
on charge of
export of wild
bird.
First Schedule.
[18 of 1962]

Wounding or
killing wild
bird specified in
Second
Schedule
during close
season.
[6 of 1997]
purposes of any public exhibition or
competition if the time during which
the bird is kept or confined for those
purposes does not in the aggregate
exceed seventy-two hours; or
(c) while that bird is undergoing
treatment by a registered veterinary
surgeon.
(2) Every person who promotes, arranges,
conducts, assists in, receives money for, or takes part in, any
event whatsoever at or in the course of which captive birds
are liberated by hand or by any other means whatsoever for
the purpose of being shot immediately after their liberation,
or who, being the owner or occupier of any land, permits that
land to be used for the purposes of such an event, shall be
liable to a fine of four thousand eight hundred and seventy-
five dollars.
5. Where anyone is prosecuted for exporting or
attempting to export any wild bird or any part of it, specified
in the First Schedule, the proof that the wild bird to which
the part belonged was captured, wounded, or killed without
the limits of Guyana or before the commencement of this
Act shall be on that person.
6. Everyone who—
(a) knowingly captures, wounds, or
kills, any wild bird specified in the
Second Schedule during the close
season; or
(b) exposes or offers for sale, or
purchases, any of those wild birds
recently captured or killed during
the close season;
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Exceptions in
certain cases.
[18 of 1962]

Licences to kill
wild birds or
export them.
[27 of 1934
18 of 1962]

Power to alter
Schedules and
close season.
[27 of 1934]

shall be liable to a fine of four thousand eight hundred and
seventy-five dollars for each wild bird in respect of which the
offence is committed.
7. (1) Notwithstanding anything in this Act, no one
shall be liable to be convicted of any offence for wounding, or
killing, any wild bird if he can prove that the wild bird in
respect of which the offence is alleged to have been
committed was wounded, or killed for the purpose of
procuring food, and at a spot distant more than ten miles
from any plantation.
(2) No Amerindian shall be liable to be convicted
of any offence under this Act.
8. Notwithstanding anything in this Act, the Minister
may, for the time and subject to the conditions he thinks fit,
authorise any person to kill wild birds, and may also so
authorise any person to export wild birds or the skins of wild
birds.
9. (l) The Minister may, by order, from time to time,
and as often as occasion requires, declare that the name or
names of any bird or birds shall be added to or expunged
from the list of birds contained in either the First or the
Second Schedule, and thereupon, and while the order remains
in force, this Act shall be read and have effect as if the name
or names of the bird or birds so added had been inserted, or
as if the name or names of the bird or birds so expunged had
not been specified, in the Schedule mentioned in the order.
(2) The Minister may, in like manner, amend the
Third Schedule so as to alter the period or periods therein
declared to be the close season and may declare what period
shall be the period to be observed as the close season with
respect to any of the wild birds specified or to be specified in
the Second Schedule.

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Requiring
offender’s
name.
[6 of 1997]


Procedure and
evidence.
s. 3.
O. in C.
5/11/1934
42/1978
64/1979
68/1990
10. When anyone is found offending against this Act
anyone may require the offender to give his name,
description, and place of abode; and if he refuses to give his
real name or place of abode, or gives an untrue name,
description, or place of abode, he shall be liable to a fine of
four thousand eight hundred and seventy-five dollars in
addition to any other penalty to which he is liable under this
Act.
11. (1) Every offence under this Act shall be
punishable on summary conviction, and the procedure shall
be that provided by the Summary Jurisdiction Acts.
(2) Any offence under this Act committed on the
sea-coast may be investigated by any magistrate in any
county where the accused person is found.
(3) In every proceeding under this Act the
defendant may tender himself and be examined as a witness
on his own behalf.
FIRST SCHEDULE
LIST OF WILD BIRDS ABSOLUTELY PROTECTED
Ant thrushes and bush shrikes (Formicariidæ).
Babbling thrushes (Mimidæ).
Barbets (Bucconidae, and Capitonidæ).
Bunyas, mocking birds and robins (Icteridæ) except rice
birds (Cassidix oryzivora).
Cormorants (Phalacrocoracidæ).
Cotingas (wallababa and allies) (Cotingidæ).
Cuckoos (old witches and allies) (Cuculidæ).
Ducklars (Plotidæ).
Falcons and hawks (Falconidæ).
Finches (grass birds and allies) (Fringillidæ).
Fin-foots (Heliornithidæ).
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Flamingoes (Phaenicopteridæ).
Frigate birds (Fregatidæ).
Gannets (Sulidæ).
Goatsuckers (who you, wakario and allies) (Caprimulgidæ).
Grebes (Podicepedidæ).
Ground doves (Peristeridæ).
Herons or gaulings, quacks, chows and allies (Ardiedæ).
Hoatzins or canje pheasants (Opisthocomidæ).
Humming birds (doctor birds and allies) (Trochilidæ).
Jacamars (Galbulidæ).
Jays (Corvidæ).
Kingfishers (Alcedinidæ).
Manakins (Pipridæ).
Motmots (houton and allies) (Momotidæ).
Owls (Bubonidæ and Strigidæ).
Parrots (festive, blue-cheeked) (Amazona festiva, Amazona
dufresniana)
Pelicans (Pelecanidæ,).
Petrels (Procellarudæ).
Rails and crakes (blue hens, killicow and allies) (Rallidæ).
Screamers or mahonka (Palamediedæ).
Spur-wings (Parridæ).
Storks (negro cop, heori and allies) (Ciconiidæ).
Sugar birds (Coerebidæ).
Sun bitterns or sun birds (Eurypygidæ).
Swallows (Hirundinidæ).
Swifts (Cypselidæ).
Tanagers (sackies and allies) (Tanagridæ).
Terns and gulls (Laridæ and Stercoraridæ).
Thrushes (Turidæ).
Toucans or bill birds (Rhamphastidæ).
Trogons (Trogonidæ).
Tyrant shrikes (qu’est-ce quil dit, muff bird, kiskadee and
allies) (Tyrannidæ).
Vireos and greenlets (Vireonidæ).
Vultures (carrion crows and allies) (Carthartidæ) except in
towns or villages.
Warblers (peas tree canary) (Mniotiltidæ). Woodhewers or
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s. 6.
O. in C.
5/11/1934
39/1947
creepers (Dendrocolaptidæ). Woodpeckers (carpenter bird and
allies) (Picidæ). Wrens (God birds and allies) (Troglodytidæ).
__________________
SECOND SCHEDULE
LIST OF WILD BIRDS PROTECTED DURING CLOSE
SEASON
Carsaow (Aramidæ).
Ducks (Anatidæ), except in rice fields and their vicinity.
Ibises (curri-curri and allies) (Ibididæ).
Maams and tinamus (Tinamidæ).
Pigeons (Columbidæ), except in rice fields and their vicinity.
Powis and marudis (Cracidæ).
Spoonbills (Plataleidæ).
Spur-wings (Parridæ).
Storks (negro cop, heeri and allies) (Ciconiidæ).
Thick-kneed plovers (Oedicnemidæ).
Tooth-billed partridges (duraquara and allies)
(Odontophoridæ). Warracabas (trumpet birds and allies)
(Psophidæ).
_____________
THIRD SCHEDULE
DEFINITIONS OF CLOSE SEASON
(Original definition of “the close season” in section 2 as
amended by Orders-in-council 5th November, 1934, No. 39 of
1947 and No. 33 of 1949)
THE CLOSE SEASON
(1) For Ibises (curri-curri and allies) (lbididæ):—1st
January to 1st August in each year.

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(2) For ducks (Anatidæ):—1st April to 30th September
in each year.
(3) For other wild birds:—1st April to 1st August in
each year.
___________________