Wild Birds Protection Act


Published: 1952-08-11

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Wild Birds Protection Act
WILD BIRDS PROTECTION [CH.249 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

SWILD BIRDS PROTECTION
CHAPTER 249

WILD BIRDS PROTECTION

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Appointment of game wardens.
4. Killing or capturing certain wild birds during the close season punishable.
5. Reserves for the protection of wild birds.
6. Exposing for sale, having in possession or exporting any wild bird, etc., punishable in

certain cases.
7. Limit on number of wild birds killed or in possession.
8. Hunting licences.
9. Penalties.
10. Power of police to enter premises, etc.
11. Power to vary Schedule.
12. Licence may be granted for scientific purposes.
13. Minister may exempt any portion of The Bahamas.
14. Expenses.

SCHEDULE.

WILD BIRDS PROTECTION [CH.249 – 3


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 249

WILD BIRDS PROTECTION

An Act to make provision for the protection of wild
birds.

[Commencement 11th August, 1952]

1. This Act may be cited as the Wild Birds Protection
Act.

2. In this Act, unless the context otherwise requires —
“game warden” means any person appointed by the

Minister in accordance with section 3;S
“immature bird” means any wild bird not yet able to

fly;
“Minister” means the Minister responsible for Wild

Animals and Birds Protection;
“open season” means any period of the year other

than the close season assigned to any wild bird
in the Schedule to this Act;

“wild bird” means any bird enumerated in the
Schedule to this Act.

3. (1) The Minister may, by instrument in writing,
appoint any person to be a game warden for the purposes
of this Act.

(2) Every game warden appointed under subsection
(1) shall have such powers and perform such duties as are
assigned to him under this Act.

4. (1) Any person who during the close season
respectively assigned to any wild bird by the Schedule to
this Act —

(a) kills or captures or attempts to kill or capture
any such wild bird;

(b) uses or has in his possession any firearm or other
weapon or any line, trap, snare, net or other
instrument for the purpose of capturing any such
wild birds;

52 of 1952
56 of 1954
G.N. 13/1960
S.I 26/1966
12 of 1972
E.L.A.O., 1974
5 of 1987
S.I. 29/1994
S.I. 57/1994

Short title.

Interpretation.

5 of 1987, Sch.

E.L.A.O., 1974.

Schedule.

Appointment of
game wardens.
5 of 1987, Sch.

Killing or
capturing certain
wild birds during
the close season
punishable.
Schedule.

CH.249 – 4] WILD BIRDS PROTECTION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(c) takes from any nest or place of deposit the eggs
of any such wild bird,

shall be guilty of an offence against this Act.
(2) Any person who from any boat, vessel, vehicle

or aircraft in, on or over any water kills or captures the
White Crowned Pigeon (Columba leucocephala), whether
during the close or the open season, shall be guilty of an
offence against this Act.

5. (1) It shall be lawful for the Minister to establish
reserves for the protection of any wild bird and from time
to time to vary, enlarge or reduce the extent of such
reserves.

(2) Such reserves may comprise any land belonging
to the Crown or to any private owner.

(3) Any person who enters upon any such reserve with
intent to kill or capture any wild bird shall be guilty of an
offence against this Act.

6. (1) Any person who shall expose or offer for
sale any wild bird or the eggs, skin or feathers of any wild
bird shall be guilty of an offence against this Act.

(2) Any person who during the close season respec-
tively assigned to any wild bird by the Schedule to this
Act, where such close season comprises the whole year,
shall have in his possession or control any such wild bird
or the eggs, skin or feathers of any such wild bird shall be
guilty of an offence against this Act.

(3) Any person who during the close season respec-
tively assigned to any wild bird by the Schedule to this
Act, where such close season does not comprise the whole
year, shall have in his possession or control any such wild
bird, shall be guilty of an offence against this Act unless he
proves that such wild bird was killed or captured during the
open season in respect of such wild bird.

(4) Any person who at any time shall have in his
possession or control or who shall expose or offer for sale
any immature bird shall be guilty of an offence against this
Act.

(5) Any person who at any time shall have in his
possession or control the eggs of any wild bird in respect of
which there is an open season shall be guilty of an offence
against this Act.

12 of 1972, s. 2
and Sch.

Reserves for the
protection of
wild birds.
E.L.A.O., 1974.

Exposing for
sale, having in
possession or
exporting any
wild bird, etc.,
punishable in
certain cases.
12 of 1972, s. 2
and Sch.

WILD BIRDS PROTECTION [CH.249 – 5


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(6) Any person who shall export or attempt to
export any wild bird or the eggs, skin or feathers of any
such wild bird shall be guilty of an offence against this
Act.

(7) Any person other than —
(a) a citizen of The Bahamas; or
(b) a permanent resident of The Bahamas within the

meaning of that expression in the Immigration
Act; or

(c) a person holding a valid permit granted to him
under paragraph (b) of subsection (1) of section
29 of the said Act

who shall capture or kill, or have in his possession or
control, any wild bird, or the eggs, skin or feathers of any
wild bird, when he shall not have been resident in The
Bahamas for a period of ninety days immediately
preceding such capture, killing or taking into possession or
control, shall be guilty of an offence against this Act.

7. (1) During the open season no person shall kill or
capture more than the prescribed number of wild birds in
any one day.

(2) Any person who has in his possession more than
the prescribed number of wild birds at any time shall be
guilty of an offence against this Act.

(3) During the open season any person who has in
his possession at any one time more wild birds than the
maximum number prescribed for the purposes of subsec-
tion (1) of this section but fewer than that prescribed for
the purposes of subsection (2) thereof, shall be guilty of an
offence against this Act unless he proves that he has been
actively engaged in killing or capturing such wild birds for
a sufficient number of days during the open season so as to
account for the number then in his possession.

(4) The Governor-General may make regulations
prescribing the maximum numbers of birds for the
purposes of subsections (1), (2) and (3) of this section; and
in the said subsections the word “prescribed” means
prescribed by regulations made under this subsection:

Provided that until the first such regulations are made
the provisions of this section as in force immediately before
the thirty-first day of August, 1972, shall continue in force
as if the Wild Birds Protection (Amendment) Act, 1972 had
not been passed.

5 of 1972, s. 2 and
Sch.
5 of 1987, Sch.

Ch. 191.

Limit on number
of wild birds
killed or in
possession.
12 of 1972, s. 2
and Sch.

12 of 1972, s. 2
and Sch.

12 of 1972.

CH.249 – 6] WILD BIRDS PROTECTION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

8. (1) It shall be an offence against this Act for any
person during the open season to kill or capture or to
attempt to kill or capture any bird for the time being listed
as a wild bird in the Schedule to this Act except in
accordance with the terms of a valid licence, in this section
referred to as a “hunting licence”, granted to him in
pursuance of regulations made under this section.

(2) The Minister may by regulations made under
this section provide for the grant of hunting licences and
the charging of fees therefor; and any such regulations may
make such different provision for different categories of
wild birds, for different categories of persons and for
different parts of The Bahamas as the Minister may think
fit.

(3) In subsection (1) of this section the expression
“appointed day” means the day appointed in any
regulations made under this section as the appointed day
for those regulations.

9. (1) Any person guilty of an offence against this
Act shall be liable upon summary conviction to a fine of
five hundred dollars or to one month’s imprisonment or to
both such fine and imprisonment and any wild bird or any
egg, skin or feather thereof in respect of which the offence
was committed, together with any weapon, ammunition,
engine, net, trap or other device used or carried for the
purpose of committing such offence, and any vehicle, boat,
vessel, aircraft or other means of conveyance used for the
purpose of committing such offence and all equipment,
stores, provisions or other effects in, upon or about such
vehicle, boat, vessel, aircraft or other means of conveyance
shall be forfeited:

Provided always that such vehicle, boat, vessel,
aircraft or other means of conveyance shall not be forfeited
if the owner, agent or person in charge thereof can prove
that he has not been guilty of an offence against this Act
and that he notified the police or other proper authorities of
the offence against this Act in respect of which the said
vehicle, boat, vessel, aircraft or other means of conveyance
would otherwise have been forfeited as soon as was
reasonably possible after the commission of such offence.

12 of 1972, s. 2
and Sch.

Schedule.

Hunting licences.

E.L.A.O., 1974.

Penalties.

12 of 1972, s. 2
and Sch.

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(2) Any articles forfeited under the provisions of
subsection (1) of this section shall be sold at public auction
and the proceeds thereof shall be paid into the Con-
solidated Fund.

(3) A reward of five hundred dollars or one-half of
the proceeds of the sale of forfeited articles, whichever is
the greater, shall be paid to the person or persons who shall
give information leading to the conviction of the offender
or offenders.

10. Any peace officer authorised by the Commis-
sioner of Police or any game warden may enter and search
all premises of and all vehicles, boats, vessels, aircraft, and
other means of conveyance used by all persons suspected
of committing offences against this Act for the purpose of
preventing or detecting the violation of any of the
provisions of this Act, and may remain on such premises or
in such vehicle, boat, vessel, aircraft, or other means of
conveyance for so long as is necessary for the carrying out
of his duty.

11. (1) It shall be lawful for the Minister by Order to
add to or to otherwise vary the list of wild birds
enumerated in the Schedule to this Act.

(2) It shall be lawful for the Minister by Order to
alter, extend, limit or otherwise vary the close season
respectively assigned to any wild bird by the Schedule to
this Act.

12. Notwithstanding anything hereinbefore contained
it shall be lawful for the Minister to grant to any person, for
scientific or other special purposes, including the stocking of
any wild bird reserve or sanctuary within The Bahamas, a
licence to kill or capture by any means whatever at any time
during the year any wild bird or to take the eggs of any wild
bird and to ship or transport the same from one Part of The
Bahamas to another, or to export the same, in such numbers
and quantities and on such terms and conditions as he shall
define in such licence.

13. It shall be lawful for the Minister by Order to
exempt any portion of The Bahamas from the operation of
this Act.

Power of police
to enter premises,
etc.
56 of 1954, s. 3;
12 of 1972, s. 2
and Sch.

Power to vary
Schedule.
56 of 1964, s. 4.

E.L.A.O., 1974.

Licence may be
granted for
scientific
purposes.
56 of 1954, s. 5;
E.L.A.O., 1974.

Minister may
exempt any
portion of The
Bahamas.

CH.249 – 8] WILD BIRDS PROTECTION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

14. All expenses incurred in enforcing and carrying
out the provisions and objects of this Act shall be payable
out of the Consolidated Fund by warrant in the usual
manner.

SCHEDULE (Sections 2, 4, 6, 8 and 11)

NAME OF BIRDS
DURATION
OF CLOSE
SEASON

1. All wild birds other than those
enumerated in items 2 and 3 of this
Schedule.

The whole year

2. White Crowned Pigeon (Columba
Leucocephala), Zenaida or Wood
Dove
(Zenaida aurita), Ringnecked
Pheasant (Phasianus colchicus),
Guinea Fowl
(Numida meleagris).

1st March to
28th September

3. Bob White Quail (Colinus
virginianus), Chuckar Partridge
(Alectorisgraeca), Wilson’s or Jack
Snipe (apella gallinago delicata),
Coot (Fulicia americana), all wild
ducks and geese (Family Anatidae)
except Whistling Duck
(Dendrocygna arborea), Bahama
Duck (Anas ahamensis), Ruddy
Duck (Oxyrua jamaicensis).

1st April to
28th September

4. Eurasian-collared or “Ringnecked”
Dove (Streptopelia decoacta),
Mourning or “Florida” Dove
(Zenaidura macroura).

1st March to
14th
September.



Expenses.

S.I. 29/1994;
S.I. 57/1994.

S.I. 57/1994.

S.I. 57/1994.

S.I. 57/1994.