GUY - CA - HUNTER/FISHER STATUS
Consumption use
Guyana / Consumption use
HUNTING AND INLAND FISHING
HUNTER/FISHER STATUS
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Regulation 2(o) "hunting" means 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, but does not include -
(i) trapping or attempting to trap wildlife, or
(ii) stalking, attracting, searching for or lying in wait for wildlife by an unarmed person solely for the purpose of watching, filming or taking pictures of wildlife;
Regulation 6(2) The Commission in consultation with the Wildlife Scientific Committee, and considering the traditional knowledge and traditional hunting practices of Amerindians, from time to time, by notice published in the Official Gazette, declare such Closed Season, in addition to that specified in paragraph (1), in respect of wildlife specified in the notice, and may place such restric1ions on the taking and or disposal of such wildlife as deemed necessary.
Regulation 10(1) Licences in relation to wildlife under these regularions shall be in such form as may be prescribed, and shall be of the following kinds - (a) a Wildlife Trapping Licence (b) a Wildlife Collecting Licence; (c) a Wildlife Commercial Licence; (d) a Wildlife Recreational Licence; (e) a Captive Wildlife Licence; or (f) a Special Wildlife Licence.
Regulation 11 (1) Wildlife Trapping Licence Upon application to the Commission, a person may be issued, subject to such terms and conditions specified in the licence, a licence, hereinafter referred to as the "Wildlife Trapping Licence", that would permit the holder of such licence to trap wildlife.
Regulation 12(1) Wildlife Collecting Licence Upon application to the Commission, a person may be issued, subject to such terms and conditions specified in the licence, a licence, hercinafter referredto as the "Wildlife Collecting Licence", that would permit the holder of such licence to collect wildlife.
Regulation 13(1) Wildlife Commercial Licence Any person who proposes to engage in activities to buy, sell or otherwise deal in wildlife on a local, commercial basis shall, before commencing such activities, apply to the Commission for a Commercial Licence giving such
particulars as the Commission shall require.
Regulation 15(1) Wildlife Recreational Licence Any person who proposes to engage in activities to hunt or trap wildlife for non-commercial purposes, shall prior to commencing such activities, apply to the Commission for a Wildlife Recreational Licence giving such particulars as the Commission shall require.
Regulation 16(1) Captive Wildlife Licence (extract) : Subject to paragraphs (2), (6) and (7), no person shall, after the commencement of these Regulations, keep or confine any wildlife in captivity save in accordance with the terms and conditions of a Captive Wildlife Licence issued by the Commission [...]
Regulation 17(1) Special Wildlife Licence The Commission may, for such time and subject to such conditions as it deems 61, grant a Special Wildlife Licence which shall entitle the holder to
hunt, keep or confine in captivity any wildlife specified therein for any of the following purposes -
(a) scientific research;
(b) collection of wildlife for zoological parks or botanical gardens,museums and similar institutions;
(c) any other purpose that the Commission may deem appropriate.
Explanatory memorandum (extract)
The key objectives of the Act are:
(a) to create a supportive mechanism cognisant of the national goals for wildlife protection, conservation, management and sustainable use;
(b) to create a national framework and mechanisms governing the local and international trade in all species of Guyana’s wildlife;
(c) to implement the primary provisions of the Convention (this is required by Article VIII of the Convention); and
(d) to provide a framework of licensing and decisions which support core principles of transparency, certainty, natural justice and fairness.
PART I
PRELIMINARY
1. Short title and commencement.
2. Interpretation.
PART II
SCOPE
3. Schedules.
PART III
ADMINISTRATION
4. Establishment and incorporation of the Guyana Wildlife Conservation and
Management Commission.
5. Power of the Minister to give directions to the Commission.
6. Functions of the Commission.
7. Duties of the Commission.
8. Establishment of the Wildlife Scientific Committee.
9. Functions of Wildlife Scientific Committee.
10. Employment of the Staff of the Commission.
11. Delegation of powers by the Minister.
12. Wildlife General Fund.
13. Resources of the Fund.
14. Accounts and audit of the Commission.
15. Report of the Commission.
PART IV
CAPTIVE BREEDING OF ANIMALS
16. Breeding in captivity.
17. Captive Bred Certificate.
18. Property of the State.
19 Cancellation of licence.
PART V
ARTIFICIAL PROPAGATION OF PLANTS
20. Artificial Propagation Operation Licence.
21. Artificial Propagation Certificate.
22. Property of the State.
23. Cancellation of licence.
PART VI
WILDLIFE RANCHING
24. Wildlife Ranching Operation Licence.
25. Wildlife Ranch Product Permit.
26. Cancellation of Licence.
PART VII
IMPORTATION, EXPORTATION, RE-EXPORTATION
AND INTRODUCTION FROM THE SEA
27. Import Permit, Export Permit and Re-Export Certificate.
28. Certificate of Introduction from the Sea.
29. Application for Import Permit, Export Permit, Re-Export Certificate and
Certificate of Introduction from the Sea.
30. Amendment of application fees.
31. Animal to be permanently marked.
32. Offences of importing and exporting.
33. Change of particulars.
34. Grant of permit and certificate.
35. Validity of permit and certificate.
36. Grounds for refusal to grant permit and certificate.
37. Reissue of permit and certificate.
38. Restriction of permit and certificate retrospectively.
39. Modification of permit and certificate.
40. Suspension of permit and certificate.
41. Cancellation of permit and certificate.
42. Compensation.
43. Non-transferability of permit and certificate.
44. Used or expired permit or certificate to be returned, cancelled and retained.
45. Wildlife not within the scope of this Act to have written authorisation of
Commission.
46. Specimens for transshipment or in transit not imported or exported.
47. Specimens that are subject to quarantine.
48. Specimens to be marked.
PART VIII
COMMERCIAL IMPORTATION AND EXPORTATION OF WILDLIFE
49. Licence to engage in commercial importation or exportation of wildlife.
50. Grounds for cancellation.
51. Export levy.
PART IX
TRANSPORTATION OF WILDLIFE
52. Transportation of animals and plants.
PART X
LICENSING OF HOLDING PREMISES
53. Licensing of holding premises.
54. Application for Holding Premises Licence.
55. Pre-Act holding premises.
56. Inspection of premises.
57. Grant of licence.
58. Display of licence.
59. Publication of list of holding premises.
60. Cancellation or variation of licence.
61. Notice of cancellation or variation.
PART XI
APPROVED INSTITUTIONS AND PERSONS
62. Declaration of approved institutions and individuals.
63. Inter-organisation transfer.
PART XII
KEEPING OF RECORDS
64. Holder of licence, permit or certificate to keep Wildlife Register.
65. Commission to keep records.
PART XIII
OFFENCES AND PENALTIES
66. Contravention of certain provisions.
67. False or misleading statements.
68. Unlawful trade.
69. Unauthorised possession.
70. Threatening etc., of authorised person.
71. Failure to keep Wildlife Register.
72. Revocation of licence on conviction of offences.
PART XIV
ENFORCEMENT
73. Enforcement.
74. Commission to monitor use of permit and certificate.
75. Liability of body corporate.
76. Possession of wildlife.
77. Entry of authorised person.
78. Seizure.
79. Forfeiture to State.
80. Fees payable to the Commission.
PART XV
MISCELLANEOUS
81. Waiver of fees.
82. Non-application of Act to certain specimens acquired before Act commences.
83. Regulations.
84. Repeal, revocation and savings of laws.
85. Act not in derogation of other laws.
First Schedule CITES Appendix I
Second Schedule CITES Appendix II
Third Schedule CITES Appendix III
Fourth Schedule Fees for Applications, Permits, Certificates and Licences
Fifth Schedule Forms of Licences
Sixth Schedule Penalties
Seventh Schedule Constitution, Proceedings and related matters of the Commission
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Regulation 6(2) The Commission in consultation with the Wildlife Scientific Committee, and considering the traditional knowledge and traditional hunting practices of Amerindians, from time to time, by notice published in the Official Gazette, declare such Closed Season, in addition to that specified in paragraph (1), in respect of wildlife specified in the notice, and may place such restrictions on the taking and or disposal of such wildlife as deemed necessary.
Regulation 19.(1) The Minister may, in consultation with Village Councils and Amerindian Communities, in order to ensure the continuance of the traditional rights of Amerindians within the boundaries of Village Lands and any extensions thereof, exempt any Amerindian or group of Amerindians from the provisions of these Regulations relating to the collecting of wildlife or the keeping or confining of any animal in captivity.
(2) Where the Minister gr-Jots the exemption to any Amerindian or group of Amerindians under paragraph (I) it shall be a condition of in such exemption that such Amerindians shall not use such wildlife for any other purpose other than subsistence or medicinal purposes or such other purpose as the Minister may specify.
Section 2 In this Act- "traditional right" means any subsistence right or privilege, in existence at the date of the commencement of this Act, which is owned legally or by custom by an Amerindian Village or Amerindian Community and which is exercised sustainably in accordance with the spiritual relationship which the Amerindian Village or Amerindian Community has with the land, but it does not include a traditional mining privilege.
Section 14 (extract) (1) Subject to the other provisions of this Act, a Village Council may in the exercise of its functions, make rules governing - (...) (e) the protection and sustainable management of wildlife including restrictions on hunting, fishing, trapping, poisoning, setting fires and other interference with wildlife; (...)
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Regulation 11 (extract)
(2) A Wildlife Trapping Licence shall - (…)
(c) require the licensee lo demonstrate knowledge and skills of trapping, handling and care of the wildlife thus trapped; (...)
(4) At any time during trapping, the holder of a Wildlife Trapping Licence shall have in his or her possession a valid licence for the current period which shall be produced on demand to an Officer.
Regulation 15 (extract)
(2) A Wildlife Recreational Licence shall - (...)
(c) where a firearm is to be used, include a copy of a valid licence or permit for the firearm; (...)
(4) At any time during trapping or hunting the holder of a Wildlife Recreational Licence shall have in hls or her possession a valid licence for the current period which shall be produced on demand to an Officer.
Section 2 In this Act- "traditional right" means any subsistence right or privilege, in existence at the date of the commencement of this Act, which is owned legally or by custom by an Amerindian Village or Amerindian Community and which is exercised sustainably in accordance with the spiritual relationship which the Amerindian Village or Amerindian Community has with the land, but it does not include a traditional mining privilege.
Section 14 (extract) (1) Subject to the other provisions of this Act, a Village Council may in the exercise of its functions, make rules governing - (...)
(a) qualification as a resident; (...)
(e) the protection and sustainable management of wildlife including restrictions on hunting, fishing, trapping, poisoning, setting fires and other interference with wildlife; (...)