Guyana- Statutory law - Consumption use
Consumption use
Guyana
Summary
Domestic wildlife use is regulated under the Wildlife Conservation Management and Sustainable Use Regulations through a licensing system for hunting, trapping, collecting and the commercialization of wildlife. It is not entirely clear to what extent the traditional rights of Amerindians, understood as subsistence rights, fall under the licensing system. Subsistence is not defined in the Amerindian Act or in the wildlife legal framework. Moreover, the regulations do not explicitly exclude subsistence from licensing requirements.
Hunting is regulated through the wildlife recreational licence and the special wildlife licence for sport and scientific purposes, respectively. Trapping is a distinct activity from hunting and is regulated through individual and collective licences. The regulations do not specify whether individual licences concern trapping for subsistence and/or for sale. In contrast, the collective trapping licence for Amerindian villages explicitly states that it is for trapping wildlife for sale. Wildlife trade, including bushmeat trade, is regulated through the wildlife collecting licence and the wildlife commercialization licence. The commercial licence is required for every single place of business that trades in with wild animals (buying/selling), including wild meat, which includes restaurants and small-, medium- and large-scale vendors, among others. The wildlife collecting licence allows the holder to collect wildlife, but the regulations do not specify whether this is for subsistence and/or for sale. The licence is primarily granted to intermediaries (middlemen) who collect wildlife from trappers and hunters. However, the definition of collecting wildlife includes “harvesting” which suggests that other extracting activities may be included. Moreover, according to the regulations, the Minister may exempt Amerindian villages and communities from the provisions regarding wildlife collecting, for subsistence, medicinal or other purposes.
The Wildlife Conservation and Management Act provides a list of classified species for international trade that refers to CITES Appendices. The Wildlife Conservation, Management and Sustainable Use Regulations also establish a list of protected species for domestic use of wildlife.
In respect to quantitative and geographic limitations, the Wildlife Conservation, Management and Sustainable Use Regulations establish that each type of hunting licence (wildlife trapping, wildlife recreational, and special wildlife licence) may specify the sizes, numbers and species of wildlife to be harvested, as well as authorized areas. However, the legal framework does not provide for a system of quotas for each type of hunting licence according to populations status. A quota is only provided for under the Wildlife Conservation and Management Act for exports.
Regarding hunting methods, the wildlife trapping licence and the wildlife recreational licence shall specify the equipment to be used. The recreational licence shall also specify the prohibited weapons and include a copy of a valid firearm licence (if a firearm is to be used). The Guyana Wildlife Conservation and Management Commission (GWCMC) is responsible for publishing the timeframe of the annual closed seasons for hunting, trapping and trade of species of wild fauna.
The Wildlife Conservation and Management Act sets out the powers and responsibilities of the GWCMC regarding wildlife hunting and trade. Regulations also establish offences and sanctions related to these activities, which include fines and imprisonment.
HUNTING AND INLAND FISHING
HUNTER/FISHER STATUS
The Wildlife Conservation and Management Act does not provide a definition of hunting, and primarily regulates the importation and exportation of wildlife. Domestic wildlife use is regulated under the Wildlife Conservation Management and Sustainable Use Regulations, which do not establish hunting categories. However, they establish different types of licences for hunting, trapping and collecting wildlife (i.e. the wildlife trapping licence, the wildlife recreational licence, the special wildlife licence, and the wildlife collection licence).
There is no general hunter status to conduct hunting activities; however, the regulations establish various prerequisites for licence applicants, such as presentation of a valid firearm licence for the wildlife recreational licence, or knowledge and skills in trapping, handling and caring for wild animals for the wildlife trapping licence. Licence holders must always have in their possession a valid licence when performing the activity, which they must present to an officer on request.
Since the Fisheries Act and subsequent regulations seem to have been designed for marine fisheries only, currently there are no regulations in Guyana for inland fisheries.
The Amerindian Act recognizes traditional rights as including any subsistence right or privilege owned legally or by custom by an Amerindian village or an Amerindian community, and which is exercised in a sustainable manner and in accordance with the spiritual relationship with the land. However, subsistence is neither defined in the Amerindian Act nor in the Wildlife Conservation and Management Act. It can be inferred from other provisions of these Acts that traditional rights include hunting and fishing for subsistence, but it is not clearly stated. Similarly, the Wildlife Conservation, Management and Sustainable Use Regulations do not explicitly exclude subsistence activities linked to traditional rights from licensing requirements. They only provide for some exemptions related to wildlife collecting and captive breeding that may be granted to Amerindian villages and communities by the Minister of Natural Resources for subsistence, medicinal or other purposes.
Village councils are entitled by the Amerindian Act to set rules governing who can qualify for residency, which implies the acquisition of rights as a member of the Amerindian village. They can also set their own rules for the management and use of village lands and resources, including for hunting and inland fisheries. Amerindian communities do not hold similar rights because they do not have land titles and are considered to occupy state lands.
LICENSING: RIGHT TO HUNT/FISH IN A GIVEN AREA
The Wildlife Conservation, Management and Sustainable Use Regulations establish different types of licences for wildlife use. Definitions of hunting, trapping and collecting wildlife are provided under the regulations, but it is not entirely clear which activities are permitted under each type of licence. The Guyana Wildlife Conservation and Management Commission (GWCMC) makes available several documents that are not legal instruments but that provide more information on the functioning of this licensing system.
Hunting is defined under the regulations as “chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, searching for, shooting, stalking or lying in wait for wildlife, whether or not the wildlife is then or subsequently captured, killed, taken or wounded”. The definition explicitly excludes certain activities such as trapping or watching, filming or taking pictures. The only licences that explicitly mention hunting are the wildlife recreational licence and the special wildlife licence, which are for sport and scientific activities, respectively. The wildlife recreational licence entitles the holder to hunt or trap wildlife for non-commercial purposes. The GWCMC documentation indicates that the licence is for individuals or groups who hunt for personal pleasure and do not engage in commerce, including non-residents. The wildlife recreational licence is the only licence for which the presentation of a valid firearms licence is required (in case of intended use). The special wildlife licence entitles the holder to hunt, keep or confine in captivity any wildlife specified in the licence for scientific research or collection purposes.
Trapping is defined under the regulations as “taking, capturing or killing or attempting to take, capture, kill wildlife by any means or contrivance”. The wildlife trapping licence allows the holder to trap wildlife, but the regulations do not specify for which purpose (subsistence, commercial, etc.). According to the GWCMC documentation, the licence is for individuals who harvest wildlife for subsistence use or sale, as well as for legally recognized village councils. Indeed, the regulations also provide for collective wildlife trapping licences for village councils that propose to trap wildlife for sale to licensed vendors and intermediaries. This licence allows a specific number of persons to trap for the benefit of the village and with the approval from the village council. This licence can only be granted to village councils, which excludes Amerindian communities. The regulations do not specify whether the licence covers only village lands, or whether it can also include customary hunting lands (e.g. state lands for which Amerindian villages have already filled claims of village lands extension claims under the Amerindian Act).
Collecting is defined in the regulations as “gathering, harvesting, receiving, in whole or in part of any animal or plant and also includes every attempt to take such animal or plant and every act of assistance to any person to take such animal or plant or parts or derivatives thereof”. It is not entirely clear whether this only refers to collecting animals from hunters/trappers or whether it can also include the extraction of animals from their natural environment by any means. The use of the term ‘harvesting’ could suggest that collecting includes the taking of animals in general, even if the definition does not explicitly mention the killing and capture. The wildlife collecting licence allows the holder to collect wildlife, but the regulations do not require the licence to specify the equipment to be used. Although regulation 24 indicates that a list of prohibited methods or devices for the collection of wildlife is specified in the Fourth Schedule, there is no Fourth Schedule in the regulations. The regulations do not specify the purpose for which the wildlife collecting licence may be granted, but it can be inferred from other provisions that it is granted for commercial purposes. Indeed, regulation 14 prohibits the selling of wildlife, except in accordance with the terms and conditions of either a wildlife collecting licence or a wildlife commercial licence. The GWCMC documentation also indicates that the wildlife collecting licence is for individuals who extract wildlife species from their natural environment and transport them for sale, in particular, middlemen, collectors of wild plants, and pet shop owners.
The Wildlife Conservation, Management and Sustainable Use Regulations set out the conditions and elements of each type of licence. The wildlife trapping licence is valid for one year and is renewable annually on application. The wildlife recreational licence and the special wildlife licence are valid for the activity period as indicated in the licences. Licences are not transferable. The regulations establish a minimum and maximum fee for each licence, but it is not clear which criteria are to be used to set these fees. The GWCMC documentation sets out the different costs for each licence according to different class of actors.
Since the Fisheries Act and subsequent regulations seem to have been designed for marine fisheries only, currently there are no regulations in Guyana for inland fisheries.
However, village councils are entitled by the Amerindian Act to set their own rules for the protection and sustainable management of wildlife in their titled lands, including restrictions on hunting, fishing and trapping. They may require visitors to ask for permission to hunt and pay a fee to the village, in addition to the licence already issued by the GWCMC. Amerindian communities do not have similar rights because they are considered occupiers of state lands. Their community councils must be recognized by a ministerial order so that they will have the power to regulate hunting and fishing practices. Moreover, this power is limited to the exercise of traditional rights on state lands; community councils cannot set rules for other types of hunting and fishing.
IDENTIFICATION OF SPECIES
The Wildlife Conservation, Management and Sustainable Use Regulations establish a list of wildlife classified as vulnerable, endangered and critically endangered species (in its First Schedule), and provide for the inclusion, re-classification and deletion of species from the list according to available scientific knowledge. They also allow institutions or individuals in possession of scientific, traditional, and anecdotal knowledge to inform the Guyana Wildlife Conservation and Management Commission (GWCMC) on the changes of the species status. The above list shall be broadly disseminated through the Commission's website, published twice in a daily newspaper of general circulation and communicated in any other manner that could attract anyone who may be interested. However, there are no specific considerations regarding its dissemination within Amerindian communities. The Regulations do not provide for the inclusion of names in Amerindian languages, pictures or drawings.
The Wildlife Conservation, Management and Sustainable Use Regulations provide for the listing of wildlife species in compliance with applicable international instruments such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the International Union for Conservation of Nature (IUCN) Red List. The Wildlife Conservation and Management Act also contains a list of classified species for international trade. It establishes a First, Second and Third Schedule in which CITES Appendices I, II and III are contained, respectively. Moreover, any amendment to the CITES Appendices automatically amends the Schedules.
According to the Wildlife Conservation, Management and Sustainable Use Regulations, it is an offence to collect, hold in captivity, kill, or otherwise molest classified wildlife. Sanctions for these offences are fines and imprisonment.
Since the Fisheries Act and subsequent regulations seem to have been designed for marine fisheries only, currently there are no regulations in Guyana for inland fisheries. However, village councils are entitled by the Amerindian Act to set their own rules for the protection and sustainable management of wildlife in their titled lands, including restrictions on hunting, fishing and trapping certain species.
ADAPTIVE DETERMINATION OF QUOTAS/LIMITATIONS
The Wildlife Conservation and Management Act provides for an annual export quota of species specified in the First, Second or Third Schedule (in line with Appendices I, II and III of CITES) to be established by the Guyana Wildlife Conservation and Management Commission (GWCMC) on the advice of the Wildlife Scientific Committee.
For domestic use of wildlife, the GWCMC is not explicitly mandated to establish quotas based on wildlife monitoring and scientific knowledge. The Wildlife Conservation, Management and Sustainable Use Regulations establish that the hunting licences (i.e. the wildlife recreational licence, the wildlife trapping licence, and the special wildlife licence) may specify the sizes, numbers and species of wildlife that can be hunted or trapped. However, the legal framework does not indicate the criteria for determining when and how these elements should be established. Every licence holder shall also submit a report that indicates the numbers, dates and places of wildlife hunted or trapped.
Geographic limitations may be specified in licences. The regulations establish that the special wildlife licence shall be specific to a particular location or area. The other type of licence (i.e. wildlife recreational and trapping licences) may specify the areas in which the activity is to take place. There are no criteria to determine when and how these areas should be established.
In general, hunting and trapping are not allowed in protected areas, and cannot be practised in private and titled lands without the written consent of the owner. The Wildlife Conservation, Management and Sustainable Use Regulations provide for the GWCMC to enter into agreements with other government institutions or with private landowners for the use of the land or area for the management, conservation and protection of wildlife. The programmes for wildlife conservation areas are subject to existing Amerindian rights under formal titles, concessions, permits and leases. Hence, they are not subject to the traditional rights recognized by the Amerindian Act, but only to the rights that are expressly granted by the government through licences, permits, concessions, leases and titles.
Since the Fisheries Act and subsequent regulations seem to have been designed for marine fisheries only, currently there are no regulations in Guyana for inland fisheries.
However, village councils may set their own rules for the use and occupation of village lands, the access to sites of sacred or cultural significance, and the protection and sustainable management of wildlife in their titled lands, including restrictions on hunting, fishing and trapping. For example, the South Rupununi District Council (SRDC) adopted hunting guidelines that prohibit hunting in sacred sites, hunting of young animals and pregnant wildlife, and killing the leader of the peccary pack. Moreover, the North Rupununi District Development Board (NRDDB) adopted specific rules under the Arapaima Management Plan (AMP) to preserve the fish stocks.
DETERMINATION FOR ADAPTING SEASONS
The Wildlife Conservation and Management Act provides that the Guyana Wildlife Conservation and Management Commission (GWCMC) must publish the annual closed season timeframe for hunting, trapping and trade of species of wild fauna. The closed season must be declared within 21 days of the commencement of each year by a notice published in the Official Gazette and in at least two newspapers with nation-wide circulation.
The closed season must be established in consultation with stakeholders and based on scientific research. This research should be conducted specifically for populations at risk and populations in recovery, and should include data on nesting patterns, breeding cycles, reproduction units and mortality predictions. The Wildlife Conservation, Management and Sustainable Use Regulations also establish that the GWCMC, in consultation with the Wildlife Scientific Committee and in the consideration of the traditional knowledge and hunting practices of Amerindians, may declare an additional closed season. The GWCMC declared different closed seasons for mammals, birds and reptiles in 2022, as well as additional closed seasons.
However, there are no provisions stating to which lands (i.e. village lands, customary lands or any other lands) these rules apply. It is also not clear whether this prohibition applies to subsistence hunting by Amerindians. Moreover, although the Wildlife Conservation and Management Act provides for consultation with stakeholders to determine the relevant closed seasons, the regulations do not provide for a specific consultation process with Amerindian communities and villages.
Breaching the rules regarding the timeframe of the closed seasons are sanctioned with fines.
Since the Fisheries Act and subsequent regulations seem to have been designed for marine fisheries only, currently there are no regulations in Guyana for inland fisheries. However, village councils may set their own rules for the protection and sustainable management of wildlife in their titled lands, including restrictions on hunting, fishing and trapping.
HARVESTING/TAKING METHODS AND TOOLS
The Wildlife Conservation, Management and Sustainable Use Regulations establish some provisions on harvesting methods attached to licences. The wildlife trapping licence shall specify the equipment to be used with special consideration of the requirement for humane trapping. The recreational licence shall also specify the equipment to be used as well as prohibited weapons and shall include a copy of a valid firearm licence or permit, if a firearm is to be used. Regulation 24 indicates that a list of prohibited devices or methods for collecting wildlife is specified in the Fourth Schedule. It is not clear whether this provision is only applicable to wildlife collecting, or also concerns hunting and trapping activities. In any case, there is no Fourth Schedule contained in the regulations. This prevents the identification of prohibited methods and devices, which renders this provision inoperative.
Since the Fisheries Act and subsequent regulations seem to have been designed for marine fisheries only, currently there are no regulations in Guyana for inland fisheries.
However, village councils may set their own rules for the protection and sustainable management of wildlife in their titled lands, including restrictions on hunting, fishing and trapping; for example, the South Rupununi District Council (SRDC) adopted hunting guidelines that provide for the use of traditional hunting methods in village lands such as bows, arrows and traditional traps.
INSTITUTIONAL FRAMEWORK RELEVANT TO HUNTING AND INLAND FISHING
INSTITUTIONAL SET-UP
The Wildlife Conservation and Management Act sets out the powers and responsibilities of the Guyana Wildlife Conservation and Management Commission (GWCMC) related to wildlife hunting, such as the granting, amending and cancellation of licences, attaching terms and conditions to the licences, and declaring the timeframe of annual closed season, among others.
The Amerindian Act establishes the functions of the Amerindian village councils. Among its functions, the Council sets rules governing wildlife including restrictions on hunting, fishing and trapping.
Since the Fisheries Act and subsequent regulations seem to have been designed for marine fisheries only, currently there are no regulations in Guyana for inland fisheries.
INSTITUTIONAL COOPERATION AND COORDINATION
The Wildlife Conservation and Management Act establishes the promotion of cooperation with other institutions in matters relating to the conservation, management and sustainable use of wildlife as a function of the Guyana Wildlife Conservation and Management Commission (GWCMC). It also provides for consultations to be held with stakeholders for the establishment and implementation of wildlife conservation and management plans and programmes.
The Wildlife Conservation, Management and Sustainable Use Regulations provides for a mandatory consultation with local authorities when the GWCMC re-classifies or deletes wildlife species endemic to a particular area.
DELEGATION OF POWERS
The Wildlife Conservation and Management Act enables the Guyana Wildlife Conservation and Management Commission (GWCMC) to delegate its powers and functions under the Act (except the power of delegation) to any institution, person or body. It is thus possible for the powers to be delegated to non-governmental stakeholders. The GWCMC may only delegate its powers with the written consent from the Ministry and subject to such limitations, conditions and qualifications as the Minister considers appropriate. The Act also establishes that the delegation shall be in a written form, and the name of the institution, person or body to whom the power is delegated shall be published in the official gazette. The delegation must also specify if sub-delegation is possible and to which institution, person, or body. The delegated institution, person or body shall comply with all directions of the GWCMC in exercising powers or functions under the delegation.
According to the Amerindian Act, a village council may assign tasks but not delegate its functions to any other person.
DISTRIBUTION OF MEAT/FISH GENERATED FROM HUNTING/INLAND FISHING
LOCAL CONSUMPTION/TRADE/TRANSPORT OF MEAT/FISH GENERATED FROM HUNTING/INLAND FISHING
The Wildlife Conservation, Management and Sustainable Use Regulations regulate the local trade of wildlife through licences. The Guyana Wildlife Conservation and Management Commission (GWCMC) also makes available several documents that are not legal instruments, but that provide more information on the functioning of the licensing system.
The regulations require a licence, either a wildlife collecting licence or a wildlife commercial licence, for the sale of wild plants and animals, including those to be used for the bushmeat trade. The wildlife collecting licence allows the holder to collect wildlife from hunters/trappers. The licence may specify the sizes, numbers and species that the holder is allowed to acquire. Although regulation 24 indicates that a list of prohibited methods or devices for collecting wildlife is specified in the Fourth Schedule, there is no Fourth Schedule in the regulations. According to the GWCMC documentation, this licence is granted to individuals who extract wildlife species from their natural environment and transport them for sale, in particular, middlemen, collectors of wild plants and pet shops owners. The wildlife commercial licence permits the holder to buy, sell or otherwise deal in wildlife on a local commercial basis. The licence is valid for a single place of business, where it must be displayed. Every licence holder must also maintain a record of receipts and of the disposal of wildlife such as bushmeat. According to the GWCMC documentation, the licence is granted to individuals who engage in the sale of wildmeat and/or live animals at a single place of business, in particular, restaurants that sell wild meat, and small-, medium- and large-scale vendors.
In its documentation, the GWCMC also provides for the granting of a transport permit for trappers and hunters to be issued together with their licences. The regulations also provide for seasonal limitations to local trade. Indeed, the closed seasons established by the GWCMC are also applicable to trade.
Village councils can also set their own rules regarding the local trade and consumption of wildlife. For instance, some villages may prohibit the sale of wildmeat outside their village lands. The South Rupununi District Council (SRDC) adopted hunting guidelines that provide for families’ wildmeat consumption and sharing with the village.
Failure to abide by these rules under the Wildlife Conservation and Management Act is sanctioned by fines.
RETAILING OF MEAT/FISH GENERATED FROM HUNTING/INLAND FISHING
The Wildlife Conservation, Management and Sustainable Use Regulations provide for a wildlife commercial licence that permits the holder to buy, sell, or otherwise deal in wildlife on a local commercial basis. The licence is required to trade in live specimens as well as wild meat. It is valid for a single place of business where it must be displayed. Moreover, every licence holder must maintain a record of receipts and of the disposal of wildlife (including bushmeat). According to the GWCMC documentation, the licence is for individuals who engage in the sale of wildmeat and/or live animals at a single place of business, in particular, small-, medium- and large-scale vendors, and restaurants that sell wild meat.
The Wildlife Conservation and Management Act also establishes a commercial import licence and commercial export licence as a requirement to engage in the international trade of wildlife.
According to the Wildlife Conservation, Management and Sustainable Use Regulations, it is an offence to sell, possess for sale, or expose or offer for sale any wildlife except in accordance with the terms and conditions of a wildlife commercial licence. These offences shall be sanctioned by fines.
INSTITUTIONAL FRAMEWORK RELEVANT TO DISTRIBUTION OF MEAT/FISH GENERATED FROM HUNTING/INLAND FISHING
INSTITUTIONAL SET-UP
The Wildlife Conservation and Management Act establishes the responsibilities of the Guyana Wildlife Conservation and Management Commission (GWCMC) related to wildlife commercialization (including wild meat trade) such as the granting, amending and cancellation of licences, attaching terms and conditions to the licences, and declaring the timeframe of the annual closed season, among others.