WILD LIFE PROTECTION ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

 

Animals and Birds

   3   Game Sanctuaries

   4   Hunting, etc, in Game Sanctuary

   5   Game Reserves

   6   Hunting protected animals and protected birds

      Processing protected animal, etc

   7   Hunting, disposal, etc, of game birds

   8   Taking turtle eggs

      Hunting of animals and birds in and taking of eggs from the exclusive economic zone

 

Fish

   9   Taking immature fish

   10   Dynamite and other noxious materials

   11   Protection of waters containing fish from trade effluents

   12   Dealings with fish taken, killed or injured contrary to this Act

 

General

   13   Appointment of officers

   14   Regulations

   15   Power to enter lands

   16   Power of search

   17   Arrest without warrant

   18   Persons found offending

   19   Penalty for assaulting Game Warden, Fishery Inspector or Constable

   20   Penalty for offences generally

   21   Jurisdiction over offences committed at sea

   22   Power to exempt from provisions of Act

   23   Forfeiture of things seized

      SCHEDULES

 

THE WILD LIFE PROTECTION ACT

[Date of Commencement: 20th September, 1945]

Cap 413.

Law 56 of 1960.

Acts
9 of 1991,
33 of 1991.

LNs
24/1971,
58/1982,
45/1988,
63/1994,
96/1997,
55/1998,
58/1998,
110/1998,
119/1999,
143/01,
98C/02,
84/04.

1   Short title

   This Act may be cited as the Wild Life Protection Act.

2   Interpretation

   In this Act-

   "authorised trap" means any trap authorised by the regulations under this Act;

   "close season" means in relation to any kind of game birds any period not included in the shooting season;

[56/1960 s 2(a)(i); LN 58/1998.]

   "Crown land" means any land vested in the Commissioner of Lands of Jamaica and not leased to any person;

   "fish" means any creature which lives wholly or mainly in water;

   "Fishery Inspector" means any person appointed to be a Fishery Inspector under this Act;

   "Forest Reserve" means an area declared to be a Forest Reserve under the Forest Act;

   "Game Reserve" has the meaning assigned to that expression by section 5;

[56/1960 s 2(a)(ii).]

   "Game Sanctuary" means any area specified in the First Schedule;

   "game bird" means any bird specified in the first part of the Second Schedule;

   "Game Warden" means any person appointed to be a Game Warden under this Act;

   "hunt" includes kill, capture or wilfully molest by any method and any attempt to kill, capture or molest any animal or bird;

   "noxious material" means any substance which kills, injures or stupefy fish or is likely or calculated to kill, injure or stupefy fish or is otherwise injurious to fish;

   "protected animal" means any animal specified in the Third Schedule;

   "protected bird" means any bird other than the birds specified the Second Schedule;

[LN 58/1998.]

   "shooting season" in relation to any kind of game birds means, as respects any year the period declared by the Minister by order, in that year during which the hunting of game birds of that kind is allowed;

[56/1960 s 2(a)(ii); LN 58/1998.]

   "trap" means any contrivance or structure, whether fixed or movable, used or intended to be used for taking or facilitating the taking of fish;

   "vehicle" includes a motor vehicle as defined in section 11(1) of the Road Traffic Act, a bicycle or an aeroplane;

[LN 58/1998.]

   "water" includes the sea and any harbour, bay, creek, lake, lagoon, pond, river, stream or canal.

Animals and Birds.

3   Game Sanctuaries

   (1) The areas specified in the First Schedule are hereby declared to be Game Sanctuaries.

   (2) The Minister may by order amend the First Schedule by adding thereto or deleting therefrom any area specified in such order.

4   Hunting, etc in Game Sanctuary

   (1) Every person who-

   (a)   hunts any animal or bird in a Game Sanctuary; or

   (b)   takes the nest or egg of any bird in a Game Sanctuary; or

   (c)   is found within a Game Sanctuary under circumstances showing that he was hunting any animal or bird or taking or intending to take the nest or egg of any bird; or

   (d)   takes any dog into or knowingly permits any dog to enter or be in a Game Sanctuary; or

   (e)   carries in a Game Sanctuary any gun, catapult or other weapon capable of being used to hunt animals or birds,

shall be guilty of an offence against this Act.

   (2) Any person found in a Game Sanctuary in possession of any animal, bird, bird's nest or egg shall be deemed to have hunted such animal or bird or taken such nest or egg in such Game Sanctuary unless the contrary be proved.

5   Game Reserves

   (1) The Minister, on the written application of the owner or occupier of any lands, may by order apply in relation to the whole or any part of those lands the provisions of section 4 with such modifications, to be specified in the order, as appear to the Minister to be appropriate.

[56/1960 s 2(b).]

   (2) An area in relation to which an order is in force under this section is in this Act referred to as a "Game Reserve".

6   Hunting protected animals and protected birds

   (1) No person shall hunt any protected animal or protected bird.

   (2) Every person who contravenes the provisions of subsection (1) shall be guilty of an offence against this Act.

[LN 58/1998.]

6A    Processing protected animal, etc

    Every person who-

   (a)    has in his possession the whole or any part of any protected animal or protected bird; or

   (b)    takes or has in his possession the nest or egg of any protected bird,

shall be guilty of an offence against this Act.

[LN 58/1998.]

7   Hunting, disposal etc, of game birds

   (1) During the shooting season game birds of any kind to which that season relates may lawfully be hunted on the first day of the season and thereafter only on such days in each week as the Authority with the approval of the Minister may by order prescribe.

[56/1960 s 2(c); 9/1991 3rd Sch.]

   (2) Every person who-

   (a)   hunt any game bird, either-

         (i)   during the close season; or

         (ii)   during the shooting season on any day other than the first day thereof or a day prescribed under subsection (1);

   (b)   takes or has in his possession for sale, hawks, offers for sale or sells, or stores in any commercial cold storage, any game bird,

shall be guilty of an offence against this Act.

   (3) Any Game Warden or Constable who has reason. able cause to suspect that game birds are being stored in any commercial cold storage may (without prejudice to any other powers conferred on him by this Act) at any reasonable time enter and inspect such cold storage and may seize and detain for the purpose of proceedings under this Act any game birds found therein.

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