ZMB- EA - LOCAL CONSUMPTION/TRADE/TRANSPORT OF MEAT/FISH GENERATED FROM HUNTING/INLAND FISHING
CONSUMPTION USE
Zambia / Consumption use
DISTRIBUTION OF MEAT/FISH GENERATED FROM HUNTING/INLAND FISHING
LOCAL CONSUMPTION/TRADE/TRANSPORT OF MEAT/FISH GENERATED FROM HUNTING/INLAND FISHING
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28(2); A Fisheries Managament plan shall- […] (d) determine fishing quotas, the amount of fish which may be harvested and the number of fishing licenses which may be issued in respect of the fishery, in any fishing season.
98. Except with the written permission of the Director or as is otherwise provided by this Act, a person commits an offence who possesses, buys or sells a live game or protected animal or meat of the game or protected animal, or who is found in circumstances showing that it is that person’s intention to buy or sell a live game or protected animal or meat of the game or protected animal.
99. (1) The Director may, in the prescribed form, issue to a person who is in lawful possession of a game animal or protected animal or who intends to sell the meat of a game animal or protected animal a certificate of ownership of the meat, game animal or protected animal.
(2) The Director shall revoke a certificate of ownership where the Director determines that the certificate of ownership issued under subsection (1) was issued through error or through the misrepresentation or fraud of a person.
(3) The Director shall, upon the revocation of a certificate of ownership under subsection (2), notify the holder of the revocation, in writing, and the person to whom the certificate of ownership was issued shall cause the certificate of ownership to be returned to the Director for cancellation.
(4) A person who fails to comply with subsection (3) commits an offence.
100(1); The Minister may, on the advice of the Director, by statutory instrument— (a) control, or make subject to any condition, the trade in live or game animal or protected animal or the trade in carcasses, meat and skins of such animals; and (b) prohibit, limit, control or make subject to a condition, the movement of the meat of a game animal or protected animal from a specified area for a period of time specified in the order, or may, by like order exclude, in respect of a specified area, the meat of a game animal or protected animal specified in the order from the provisions of this Part or any provision of the order. (2) A condition imposed by the Minister under subsection (1) may be applicable generally throughout the Republic or may be applicable to the meat of all game animals or protected animals or to all persons, or it may be limited to such specified areas, or to the meat of specified game animal or protected animal or to such specified classes of persons as the Minister may determine, on the advice of the Director. (3) A statutory instrument made under subsection (1) may provide that for a contravention of the Regulations a person commits an offence and shall be liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
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100. (1) The Minister may, on the advice of the Director, by statutory instrument—
(a) control, or make subject to any condition, the trade in live or game animal or protected animal or the trade in carcasses, meat and skins of such animals; and
(b) prohibit, limit, control or make subject to a condition, the movement of the meat of a game animal or protected animal from a specified area for a period of time specified in the order, or may, by like order exclude, in respect of a specified area, the meat of a game animal or protected animal specified in the order from the provisions of this Part or any provision of the order.
Prohibited dealings in live wild animals
Certificate of ownership of game animal or protected animal or meat of game or protected animal
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101. (1) A person who sells a game animal or protected animal or any meat of a game animal or protected animal shall, at the time of the sale, be in actual possession of a certificate of ownership issued in respect of the game or protected animal or the meat of a game animal or protected animal, as the case may be, and a permit to sell the game or protected animal or the meat of the game or protected animal.
(2) Except as may otherwise be prescribed, a seller shall, upon the sale of a game animal or protected animal or any meat of a game animal or protected animal, endorse upon the certificate of ownership issued in respect of the game animal or protected animal, or of the meat of a game animal or protected animal, such details of the authority to sell the animal as may be prescribed, and the seller shall deliver up to the buyer the endorsed certificate of ownership, or a note of such certificate and endorsement, in the prescribed form, before or at the time of the delivery of the game animal or protected animal, or of the meat of a game animal or protected animal, as the case may be.
(3) If the seller has not previously delivered to the buyer the endorsed certificate of ownership of a game animal or protected animal or of any meat of a game animal or protected animal, as the case may be, or the prescribed note of the certificate and endorsement required under subsection (2), the buyer shall, at the time of delivery of the game animal or protected animal or the meat of a game animal or protected animal, under the sale, obtain from the seller the duly endorsed certificate of ownership or other prescribed note of such certificate and endorsement.
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98. Except with the written permission of the Director or as is otherwise provided by this Act, a person commits an offence who possesses, buys or sells a live game or protected animal or meat of the game or protected animal, or who is found in circumstances showing that it is that person’s intention to buy or sell a live game or protected animal or meat of the game or protected animal.
99. (1) The Director may, in the prescribed form, issue to a person who is in lawful possession of a game animal or protected animal or who intends to sell the meat of a game animal or protected animal a certificate of ownership of the meat, game animal or protected animal.
(2) The Director shall revoke a certificate of ownership where the Director determines that the certificate of ownership issued under subsection (1) was issued through error or through the misrepresentation or fraud of a person.
(3) The Director shall, upon the revocation of a certificate of ownership under subsection (2), notify the holder of the revocation, in writing, and the person to whom the certificate of ownership was issued shall cause the certificate of ownership to be returned to the Director for cancellation.
(4) A person who fails to comply with subsection (3) commits an offence.
100. (1) The Minister may, on the advice of the Director, by statutory instrument—
(a) control, or make subject to any condition, the trade in live or game animal or protected animal or the trade in carcasses, meat and skins of such animals; and
(b) prohibit, limit, control or make subject to a condition, the movement of the meat of a game animal or protected animal from a specified area for a period of time specified in the order, or may, by like order exclude, in respect of a specified area, the meat of a game animal or protected animal specified in the order from the provisions of this Part or any provision of the order.(2) A condition imposed by the Minister under subsection (1) may be applicable generally throughout the Republic or may be applicable to the meat of all game animals or protected animals or to all persons, or it may be limited to such specified areas, or to the meat of specified game animal or protected animal or to such specified classes of persons as the Minister may determine, on the advice of the Director.
(3) A statutory instrument made under subsection (1) may provide that for a contravention of the Regulations a person commits an offence and shall be liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
101. (1) A person who sells a game animal or protected animal or any meat of a game animal or protected animal shall, at the time of the sale, be in actual possession of a certificate of ownership issued in respect of the game or protected animal or the meat of a game animal or protected animal, as the case may be, and a permit to sell the game or protected animal or the meat of the game or protected animal.
(2) Except as may otherwise be prescribed, a seller shall, upon the sale of a game animal or protected animal or any meat of a game animal or protected animal, endorse upon the certificate of ownership issued in respect of the game animal or protected animal, or of the meat of a game animal or protected animal, such details of the authority to sell the animal as may be prescribed, and the seller shall deliver up to the buyer the endorsed certificate of ownership, or a note of such certificate and endorsement, in the prescribed form, before or at the time of the delivery of the game animal or protected animal, or of the meat of a game animal or protected animal, as the case may be.
(3) If the seller has not previously delivered to the buyer the endorsed certificate of ownership of a game animal or protected animal or of any meat of a game animal or protected animal, as the case may be, or the prescribed note of the certificate and endorsement required under subsection (2), the buyer shall, at the time of delivery of the game animal or protected animal or the meat of a game animal or protected animal, under the sale, obtain from the seller the duly endorsed certificate of ownership or other prescribed note of such certificate and endorsement. (4) A person who contravenes or fails to comply with any of
the provisions of this section commits an offence.
102. (1) A person shall not import a wild animal or meat of a wild animal without an import permit issued under this Part.
(2) A person who contravenes subsection (1) commits an offence.
103. (1) A person shall not export a wild animal or meat of a wild animal without an export permit issued under this Part.
(2) A person who contravenes subsection (1) commits an offence.104. (1) A person may apply to the Committee in the prescribed manner and form upon payment of the prescribed fee for a permit to import or export a wild animal or meat of a wild animal.
(2) The Committee shall, where the applicant meets the requirements of this Act, issue an import or export permit, as the case may be, on such terms and conditions as it may determine.
(3) A permit issued under this section shall—
(a) be valid for the period of time specified in the permit; or (b) not authorise the export of a protected animal.
(4) A permit issued under this section shall not be deemed to relieve a person from a restriction on, or prohibition of, the import or export of a wild animal or meat of a wild animal imposed by or under any other written law.
105. (1) A person shall import or export a wild animal, trophy or prescribed trophy through a customs port of entry or exit, as applicable, and shall produce to a customs officer —
(a) a valid import or export permit, as the case may be; and
(b) in the case of an importation of a wild animal, trophy or prescribed trophy, documentary evidence that the wild animal, trophy or prescribed trophy has been lawfully exported from the country of origin. (2) A person who contravenes subsection (1) commits an
offence.
(3) A customs officer may, where an importer or exporter fails at the time of the import or export to comply with the requirements of paragraph (a) or (b) of subsection (2), give the importer or exporter three months from the date of the attempted import or export to comply with the requirements.
(4) A customs officer shall detain the wild animal, trophy or prescribed trophy to which subsection (3) applies and the cost incurred in connection with the detention and storage of the wild animal, trophy or prescribed trophy shall be borne by the importer or exporter, as the case may be, and be recoverable from the importer or exporter as a civil debt to the Government.
(5) Where the country from which a wild animal or meat of a wild animal is exported is not the country of origin, it shall be sufficient for the purposes of paragraph (b) of subsection (1) if the importer produces to the customs officer documentary evidence that the wild animal or meat of a wild animal was lawfully exported from the country of export.
106. A person who imports any live wild animal shall, within one month from the date of the importation of the live wild animal, apply to the Director for a certificate of ownership in respect of the live wild animal.
107. (1) This Part does not apply to a wild animal, trophy or prescribed trophy—
(a) in transit through Zambia, if the wild animal, trophy or prescribed trophy is accompanied by the necessary transit customs documents issued in the country of origin or of export of the wild animal, trophy or prescribed trophy and enters through a customs port of entry; or
(b) accompanied by a person who is in possession of, and surrenders to a customs officer, a certificate issued by the country of origin or of export of the wild animal, trophy or prescribed trophy, stating that the person is lawfully authorised to export the wild animal, trophy or prescribed trophy and the person satisfies the customs officer that—(i) the certificate was issued to that person; and
(ii) the person is exporting the wild animal, trophy or prescribed trophy, as the case may be, from the country of origin or export.
(2) A person who contravenes or fails to comply with subsection (1) commits an offence.
108. Notwithstanding the other provisions of this Act, the Minister may, on the advice of the Director and in consultation with the Minister responsible for trade and industry and the Minister responsible for veterinary services, by statutory instrument, regulate the import, export or re-export of any game or protected animal and the regulations may incorporate the requirements of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Lusaka Agreement on Cooperative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora.
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Section 100 (3); A statutory instrument made under subsection (1) may provide that for a contravention of the Regulations a person commits an offence and shall be liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
Section 105 (4); A customs officer shall detain the wild animal, trophy or prescribed trophy to which subsection (3) applies and the cost incurred in connection with the detention and storage of the wild animal, trophy or prescribed trophy shall be borne by the importer or exporter, as the case may be, and be recoverable from the importer or exporter as a civil debt to the Government.
1 answer
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99(1); The Director may, in the prescribed form, issue to a person who is in lawful possession of a game animal or protected animal or who intends to sell the meat of a game animal or protected animal a certificate of ownership of the meat, game animal or protected animal.