Government has tabled comprehensive legislation intended to ensure Gu-yana’s compliance with the Convention on the Interna-tional Trade in Endangered Species of Wild Fauna and Flora (CITES) for the export of the country’s wildlife and the import of species from abroad.
The Wildlife Import and Export Bill 2013 went to the House on December 12, 2013 where it was read for a first time.
The passage of the Bill will see the establishment of the Wildlife Import and Export Authority and this will be designated as the CITES Management Authority for Guyana.
Guyana ratified the CITES in 1977. However, following the passage of the Environmental Protec-tion Act in 1996, the Species Protection Regula-tions were passed in the House so as to address concerns regarding Guyana’s inability to implement and enforce the Convention because of its failure to adopt the necessary legislation. The passage of these regulations resulted in the withdrawal of a notification which would have led to the refusal of any import from and export or re-export to Guyana of CITES specimens. As such, it was then determined that an Act was needed to address these concerns.
The objectives of the Act are to create a national framework and mechanisms governing the international trade of all species of wildlife in Guyana; to create a supportive mechanism for wildlife conservation and management; to avoid measures that can be taken against Guyana and to improve the rating of Guyana’s legislation under the Convention among others.
In recent weeks, two shipments of caimans from Guyana were held by Dutch authorities after it was found that the animals were packed in unacceptable conditions. Hundreds of the caimans died and it was also stated that international air transport regulations governing the shipping of animals were breached.
The Bill states that the Minister, in this case the Minister of Natural Resources and the Environment, shall by order designate a group of qualified persons or body to be the CITES Scientific Authority of Guyana. This body shall comprise representatives of the Environ-mental Protection Agency (EPA), the Ministry of Agriculture, the Wildlife Import and Export Author-ity, the Guyana Forestry Commission, the Univer-sity of Guyana, and a non-governmental organisation responsible for the conservation of the environment. The Bill says that the Minister will give instructions to the Authority with regards to its functioning.
The functions of the Board of the Authority shall be to oversee the operations of the Authority, approve recommendations by the Director on the organisation of the Authority and the appointment of senior staff; appoint working groups, sub-committees or bodies as needed to enable the Board to carry out its functions; propose regulations to the Minister; approve financial and annual reports; Section 38 of the Bill makes provision for live animals to be shipped by air from Guyana in accordance to IATA current regulations. Section 40 of the Bill requires holders of commercial export licences and commercial import licences to keep wildlife in holding premises licenced by the Authority.
The functions of the Authority are, among other things, to take steps required for the management and conservation of wildlife against over-exploitation through importation, exportation, re-exportation and introduction from the sea. It is to also advise the Minister generally on matters relating to the import and export of wildlife. It is the body that will grant and cancel licences, permits and certificates with respect to the importation, exportation and re-exportation of and other trade in species specified in the Schedules appended to the Bill. Schedules 1, 2 and 3 coincide with the Schedules of the CITES Appendices 1, 2 and 3. It will also provide guidance on matters related to the regulation of the international wildlife trade and approve budget, work plans and programmes.
According to the Bill, the Board of Directors of the Authority shall consist of no less than 7 persons, a majority of whom shall be knowledgeable and have experience in matters relating to international wildlife trade regulation and enforcement and the rest of whom shall be knowledgeable in corporate management or other expertise, appointed for one year by the Minister.
The new legislation takes a strong stance against artificial breeding of species without a permit from the Authority. Such offenders face a fine of not less than $70,000 and not more than $300,000 and imprisonment for three months.
The Bill states that permits issued by the Authority will be valid for a period of not exceeding six months from the date of issue.
The Authority may refuse to grant a permit or certificate under this Act where it has reason to believe that the import, export, re-export or introduction from the sea will be for purposes that are detrimental to the survival of the species; that the plant or animal has been obtained in contravention of any law including treaties, conventions or international agreements to which Guyana is a party; that the application contains or is based on false or misleading representation or information which is false in a material particular, or if the person is under age 18, is bankrupt or in the case of a corporate body, one that has been wound up or is in receivership. That any of its directors has been convicted of an offence makes that corporate body ineligible for participating in the trade of plants or animals.
The Bill said too that compensation shall not be paid to the holder of a permit or certificate if the decision to cancel the permit or certificate was necessary for protecting and conserving the environment, any wildlife or by reason of an unforeseen change in the circumstances on the basis of which the permit was granted.
Section 73 of the Bill imposes on the Commissioner General of the Guyana Revenue Authority a monitoring role in collaboration with the Authority with regards to the use of import, export and re-export permits.
