The Wildlife (Protection) Act, 1972

THE WILD LIFE (PROTECTION) ACT, 1972

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THE WILD LIFE (PROTECTION) ACT, 1972 (Last Updated 1-4-2023) ____________ ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Appointment of Life Warden and other officers. Constitution of the National Board for Wild Life. Constitution of State Board for Wild Life. Duties of State Board for Wild Life. CHAPTER III HUNTING OF WILD ANIMALS 9.

SECTIONS

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CHAPTER IV PROTECTED AREAS Sanctuaries 18. Time-limit for completion of acquisition proceedings. Destruction, etc., in a sanctuary prohibited without a permit. Prohibition of entry into sanctuary with weapon. Ban on use of injurious substances. Registration of certain persons in possession of arms.

CHAPTER IVA

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Section 38E — Grants and loans to Authority and Constitution of Fund

CHAPTER IVA CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS SECTIONS 38A. Constitution of Central Zoo Authority. Term of office and conditions of service of Chairperson and members, etc. Procedure to be regulated by the Authority. 38E.Grants and loans to Authority and Constitution of Fund. Annual report and audit report to be laid before Parliament.

SECTIONS

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Restriction on transportation of wild life. Purchase of captive animal, etc., by a person other than a licensee. CHAPTER VA PROHIBITION OF TRADE OR COMMERCE IN TROPHIES, ANIMAL ARTICLES, ETC., DERIVED FROM CERTAIN ANIMALS 49A. Prohibition of dealings in trophies, animal articles, etc., derived from scheduled animals. CHAPTER VB REGULATION OF INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA AS PER CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA 49D. Designation of Management Authority.

SECTIONS

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Presumption to be made in certain cases. CHAPTER VIA FORFEITURE OF PROPERTY DERIVED FROM ILLEGAL HUNTING AND TRADE 58A. Prohibition of holding illegally acquired property. Identifying illegally acquired property. Seizure or freezing of illegally acquired property. Management of properties seized or forfeited under this Chapter.

THE WILD LIFE (PROTECTION) ACT, 1972

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Section 1 — Short title, extent and commencement

Section 2 — Definitions

THE WILD LIFE (PROTECTION) ACT, 1972 ACT NO. 53 OF 1972 [9th September, 1972.] 1 2 [An Act to provide for the [conservation, protection and management of wild life] and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country.] 3 * * * * * CHAPTER I PRELIMINARY 1. Short title, extent and commencement.—(1) This Act may be called the Wild Life (Protection) Act, 1972. 4 5 [(2) It extends to the whole of India ***.] 6 (3) It shall come into force in a State or Union territory to which it extends *** on such date as the Central Government may, by notification, appoint, and different dates may be appointed for different provisions of this Act or for different States or Union territories. Definitions.—In this Act, unless the context otherwise requires,— 7 [(1) “animal” includes amphibians, birds, mammals and reptiles and their young, and also includes, in the cases of birds and reptiles, their eggs;] (2) “animal article” means an article made from any captive animal or wild animal, other than 8 vermin, and includes an article or object in which the whole or any part of such animal [has been used, and ivory imported into India and an article made therefrom]; 9 * * * * * 10 [(4) “Board” means a State Board for Wild Life constituted under sub-section (1) of section 6;] 11 (5) “captive animal” means any animal, specified in [Schedule I or Schedule II] which is captured or kept or bred in captivity; 12 * * * * * (7) “Chief Wild Life Warden’ means the person appointed as such under clause (a) of sub-section (1) of section 4; 13 [(7A) “circus” means an establishment, whether stationary or mobile, where animals are kept or used wholly or mainly for the purpose of performing tricks or manoeuvres;] 14 * * * * * 15 [(9) “Collector” means the chief officer in charge of the revenue administration of a district or any other officer not below the rank of a Deputy Collector as may be appointed by the State Government under section 18B in this behalf;] 1. 2, for “protection of wild animals, birds and plants” (w.e.f.

(10) “commencement of this Act”, in relation to—

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(10) “commencement of this Act”, in relation to— (a) a State, means commencement of this Act in that State, (b) any provision of this Act, means the commencement of that provision In the concerned State; 1 [(11) “dealer” in relation to any captive animal, animal article, trophy, uncured trophy, meat or specified plant, means a person, who carries on the business of buying or selling any such animal or article, and includes a person who undertakes business in any single transaction;] (12) “Director” means the person appointed as Director of Wild Life Preservation under clause (a) of sub-section (1) of section 3; 2 [(12A) “Forest officer” means the Forest officer appointed under clause (2) of section 2 of the Indian Forest Act, 1927 (16 of 1927) or under any other Act for the time being in force in a State; (12B) “forest produce” shall have the same meaning as in sub-clause (b) of clause (4) of section 2 of the Indian Forest Act, 1927 (16 of 1927);] 3 * * * * * 4 (14) “Government property” means any property referred to in section 39 [or section 17H]; (15) “habitat” includes land, water or vegetation which is the natural home of any wild animal 5 [or specified plant]; (16) “hunting”, with its grammatical variations and cognate expressions, includes,— 6 [(a) killing or poisoning of any wild animal or captive animal and every attempt to do so; (b) capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so;] (c) injuring or destroying or taking any part of the body of any such animal or, in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs or nests of such birds or reptiles; 7 [(16A) “invasive alien species” means a species of animal or plant which is not native to India and whose introduction or spread may threaten or adversely impact wild life or its habitat;] (17) “land” includes canals, creeks and other water channels, reservoirs, rivers, streams and lakes, 8 whether artificial or natural, [marshes and wetlands and also includes boulders and rocks]; (18) “licence” means a licence granted under this Act; 9 [(18A) “livestock” means farm animals and includes buffaloes, bulls, bullocks, camels, cows, donkeys, goats, sheep, horses, mules, yaks, pigs, ducks, geese, poultry and their young but does not 10 include any animal specified in [Schedules I, II and IV;] 11 [(19) “manufacturer” means a person who manufactures articles from any animal or plant 12 specified in [Schedules I, II and III], as the case may be; 1. Clause (13) omitted by Act 44 of 1991, s. 3, for sub-clauses (a) and (b) (w.e.f. 5, for “and also includes boulders and rocks” (w.e.f. Subs. by Act 16 of 2003, s.3, for clauses (19) and (20) (w.e.f. 3, for “Schedules I to V and VI” (w.e.f.

(20) “meat” includes blood, bones, sinew, eggs, shell or carapace, fat and flesh with or without

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(20) “meat” includes blood, bones, sinew, eggs, shell or carapace, fat and flesh with or without skin, whether raw or cooked, of any wild animal or captive animal, other than a vermin; (20A) “National Board” means the National Board for Wild Life constituted under section 5A;] (21) “National Park” means an area declared, whether under section 35 or section 38, or deemed, under sub-section (3) of section 66, to be declared, as a National Park; (22) “notification” means a notification published in the Official Gazette; (23) “permit” means a permit granted under this Act or any rule made thereunder; 1 [(24) “person” shall include any firm or company or any authority or association or body of individuals whether incorporated or not;] 2 [(24A) “protected area” means a National Park, a sanctuary, a conservation reserve or a community reserve notified under sections 18, 35, 36A and 36C of the Act;] (25) “prescribed” means prescribed by rules made under this Act; 3 [(25A) “recognised zoo” means a zoo recognised under section 38H; 4 [(25B) “reserve forest” means the forest declared to be reserved by the State Government under section 20 of the Indian Forest Act, 1927 (16 of 1927), or declared as such under any other State Act; (26) “sanctuary” means an area declared as a sanctuary by notification under the provisions of Chapter IV of this Act and shall also include a deemed sanctuary under sub-section (4) of section 66;] 5 [(26A) “Schedule” means a Schedule appended to this Act;] 6 7 [(27) “specified plant” means any plant specified in [ Schedule III];] 8 * * * * * (29) “State Government”, in relation to a Union territory, means the Administrator of that Union territory appointed by the President under article 239 of the Constitution; 9 [(30) “taxidermy”, with its grammatical variations and cognate expressions, means the curing, preparation or preservation or mounting of trophies;] 10 [(30A) “territorial waters” shall have the same meaning as in section 3 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976);] (31) “trophy” means the whole or any part of any captive animal or wild animal, other than vermin, which has been kept or preserved by any means, whether artificial or natural, and includes— (a) rugs, skins and specimens of such animal mounted in whole or in part through a process of taxidermy, and 11 [(b) antler, bone, carapace, shell, horn, rhinoceros horn, hair, feather, nail, tooth, tusk, musk, eggs, nests and honeycomb;] 1. 3, for clauses (25B) and (26) (w.e.f. Clause (28) omitted by Act 16 of 2003, s.

(32) “uncured trophy” means the whole or any part of any captive animal or wild animal, other

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Section 3 — Appointment of Director and other officers

Section 4 — Appointment of Life Warden and other officers

(32) “uncured trophy” means the whole or any part of any captive animal or wild animal, other 1 than vermin, which has not undergone a process of taxidermy, and includes a [freshly killed wild animal, ambergris, musk and other animal products]; (33) “vehicle” means any conveyance used for movement on land, water or air and includes buffalo, bull, bullock, camel, donkey, elephant, horse and mule; 2 [(34) “vermin” means any wild animal notified under section 62;] (35) “weapon” includes ammunition, bows and arrows, explosives, firearms, hooks’ knives, nets poison, snares and traps and any instrument or apparatus capable of anaesthetizing, decoying, destroying, injuring or killing an animal; 3 4 [(36) “wild animal” means any animal specified in [Schedule I or Schedule II] and found wild in nature;] 5 [(37) “wild life” includes any animal, aquatic or land vegetation which forms part of any habitat;] (38) “Wild Life Warden” means the person appointed as such under clause (b) of sub-section (1) of section 4; 6 [(39) “zoo” means an establishment, whether stationary or mobile, where captive animals are kept for exhibiting to the public or ex-situ conservation and includes a circus and off-exhibit facilities such as rescue centres and conservation breeding centres, but does not include an establishment of a licensed dealer in captive animals.] CHAPTER II AUTHORITIES TO BE APPOINTED OR CONSTITUTED UNDER THE ACT 3. Appointment of Director and other officers.—(1) The Central Government may, for the purposes of this Act, appoint,— (a) A Director of Wild Life Preservation; 7 * * * * * (c) such other officers and employees as may be necessary. (2) In the performance of his duties and exercise of his powers by or under this Act, the Director shall be subject to such general or special directions, as the Central Government may, from time to time, give. 8 [(3) The officers and other employees appointed under this section shall be required to assist the Director.] 4. Appointment of Life Warden and other officers.—(1) The State Government May, for the purpose of this Act, appoint,— (a) a Chief Wild Life Warden; 9 (b) Wild Life Wardens; *** 10 [(bb) Honorary Wild Life Wardens;] 1. 5, for “freshly-killed wild animals” (w.e.f. 1-4-2023), earlier ins. by Act 44 of 1991, s.

[5A. Constitution of the National Board for Wild Life.—(1) The Central Government shall,

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Section 5 — Power to delegate

Section 5A — Constitution of the National Board for Wild Life

(c) suchother officers and employees as may be necessary. (2) In the performance of his duties and exercise of his powers by or under this Act, the Chief Wild Life Warden shall be subject to such general or special directions, as the State Government may from time to time, give. 1 (3) [The Wild Life Warden, the Honorary Wild Life Warden] and other officers and employees appointed under this section shall be subordinate to the Chief Wild Life Warden. Power to delegate.—(1) The Director may, with the previous approval of the Central Government, by order in writing, delegate all or any of his powers and duties under this Act to any officer subordinate to him subject to such conditions, if any, as may be specified in the order. (2) The Chief Wild Life Warden may, with the previous approval of the State Government, by order in writing, delegate all or any of his powers and duties under this Act, except those under clause (a) of sub-section (1) of section 11, to any officer subordinate to him subject to such conditions, if any, as may be specified in the order. (3) Subject to any general or special direction given or condition imposed by the Director or the Chief Wild Life Warden, any person, authorised by the Director or the Chief Wild Life Warden to exercise any powers, may exercise those powers in the same manner and to the same effect as if they had been conferred on that person directly by this Act and not by way of delegation. Constitution of the National Board for Wild Life.—(1) The Central Government shall, within three months from the date of commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003), constitute the National Board for Wild Lifeconsisting of the following members, namely:— (a) the Prime Minister as Chairperson; (b) the Minister in-charge of Forests and Wild Life as Vice-Chairperson; (c) three members of Parliament of whom two shall be from the House of the People and one from the Council of States; 3 [(d) Member, NITI Aayog in-charge of Environment, Forest and Climate Change;] (e) five persons to represent non-governmental organizations to be nominated by the Central Government; (f) ten persons to be nominated by the Central Government from amongst eminent conservationists, ecologists and environmentalists; (g) the Secretary to the Government of India in-charge of the Ministry or Department of the Central Government dealing with Forests and Wild Life; (h) the Chief of the Army Staff; (i) the Secretary to the Government of India in-charge of the Ministry of Defence; (j) the Secretary to the Government of India in-charge of the Ministry of Information and Broadcasting; (k) the Secretary to the Government of India in-charge of the Department of Expenditure, Ministry of Finance; (l) the Secretary to the Government of India, Ministry of Tribal Welfare; (m) the Director-General of Forests in the Ministry or Department of the Central Government dealing with Forests and Wild Life; (n) the Director-General of Tourism, Government of India; (o) the Director-General, Indian Council for Forestry Research and Education, Dehradun; 1. 6, for “The Wild Life Warden” (w.e.f.

may provide for—

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Section 5B — Standing Committee of the National Board

Section 5C — Functions of the National Board

Section 6 — Constitution of State Board for Wild Life

(p) the Director, Wild Life Institute of India, Dehradun; (q) the Director, Zoological Survey of India; (r) the Director, Botanical Survey of India; (s) the Director, Indian Veterinary Research Institute; (t) the Member-Secretary, Central Zoo Authority; (u) the Director, National Institute of Oceanography; (v) one representative each from ten States and Union territories by rotation, to be nominated by the Central Government; (w) the Director of Wild Life Preservation who shall be the Member-Secretary of the National Board. (2) The term of office of the members other than those who are members ex officio, the manner of filling vacancies referred to in clauses (e), (f) and (v) of sub-section (1), and the procedure to be followed in the discharge of their functions by the members of the National Board shall be such, as may be prescribed. (3) The members (except members ex officio) shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed. (4) Notwithstanding anything contained in any other law for the time being in force, the office of a member of the National Board shall not be deemed to be an office of profit. Standing Committee of the National Board.—(1) The National Board may, in its discretion, constitute a Standing Committee for the purpose of exercising such powers and performing such duties as may be delegated to the Committee by the National Board. (2) The Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and not more than ten members to be nominated by the Vice-Chairperson from amongst the members of the National Board. (3) The National Board may constitute committees, sub-committees or study groups, as may be necessary, from time to time in proper discharge of the functions assigned to it. Functions of the National Board.—(1) It shall be the duty of the National Board to promote the conservation and development of wild life and forests by such measures as it thinks fit. (2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for— (a) framing policies and advising the Central Government and the State Governments on the ways and means of promoting wild life conservation and effectively controlling poaching and illegal trade of wild life and its products; (b) making recommendations on the setting up of and management of national parks, sanctuaries and other protected areas and on matters relating to restriction of activities in those areas; (c) carrying out or causing to be carried but impact assessment of various projects and activities on wild life or its habitat; (d) reviewing from time to time, the progress in the field of wild life conservation in the country and suggesting measures for improvement thereto; and (e) preparing and publishing a status report at least once in two years on wild life in the country.] 1 [6. Constitution of State Board for Wild Life.—(1) The State Government shall, within a period of six months from the date of commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) constitute a State Board for Wild Life consisting of the following members, namely:— 1.

(a) the Chief Minister of the State and in case of the Union territory, either Chief Minister or

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Section 6A — Standing Committee of Board

Section 7 — Procedure to be followed by the Board

(a) the Chief Minister of the State and in case of the Union territory, either Chief Minister or Administrator, as the case may be - Chairperson; (b) the Minister in-charge of Forests and Wild Life - Vice-Chairperson; (c) three members of the State Legislature or in the case of a Union territory with Legislature, two members of the Legislative Assembly of that Union territory; (d) three persons to represent non-governmental organizations dealing with wild life to be nominated by the State Government; (e) ten persons to be nominated by the State Government from amongst eminent conservationists, ecologists and environmentalists including at least two representatives of the Scheduled Tribes; (f) the Secretary to the State Government or the Government of the Union territory, as the case may be, in-charge of Forests and Wild Life; (g) the Officer in-charge of the State Forest Department; (h) the Secretary to the State Government, Department of Tribal Welfare; (i) the Managing Director, State Tourism Development Corporation; (j) an officer of the State Police Department not below the rank of Inspector-General; (k) a representative of the Armed Forces not below the rank of a Brigadier to be nominated by the Central Government; (l) the Director, Department of Animal Husbandry of the State; (m) the Director, Department of Fisheries of the State; (n) an officer to be nominated by the Director, Wild Life Preservation; (o) a representative of the Wild Life Institute of India, Dehradun; (p) a representative of the Botanical Survey of India; (q) a representative of the Zoological Survey of India; (r) the Chief Wild Life Warden, who shall be the Member-Secretary. (2) The term of office of the members other than those who are members ex officio and the manner of filling vacancies referred to in clauses (d) and (e) of sub-section (1) and procedure to be followed shall be such, as may be prescribed. (3) The member (except members ex officio) shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed.] 1 [6A. Standing Committee of Board.—(1) The Board may constitute a Standing Committee for the purpose of exercising such powers and performing such duties as may be delegated to it by the Board. (2) The Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and not more than ten members, to be nominated by the Vice-Chairperson, from amongst the members of the Board. (3) The Board or its Standing Committee referred to in sub-section (1) may, constitute committees, sub-committees or study groups, as may be necessary, from time-to-time, for proper discharge of the functions assigned to it.] 7. Procedure to be followed by the Board.—(1) The Board shall meet at least twice a year at such place as the State Government may direct. (2) The Board shall regulate its own procedure (including the quorum) 1.

(3) No act or proceeding of the Board shall be invalid merely by reason of the existence of any

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Section 8 — Duties of [State Board for Wild Life]

Section 9 — Prohibition of hunting

Section 11 — Hunting of wild animals to be permitted in certain cases

(3) No act or proceeding of the Board shall be invalid merely by reason of the existence of any vacancy therein or any defect in the constitution thereof or any irregularity in the procedure of the Board not affecting the merits of the case. Duties of [State Board for Wild Life].—It shall be the duty of [State Board for Wild Life] to advise the State Government,— 2 [(a) in the selection and management of areas to be declared as protected areas;] 3 [(b) in formulation of the policy for protection and conservation of the wild life and specified plants;] 4 (c) in any matter relating to the amendment of any Schedule; *** 5 [(cc) in relation to the measures to be taken for harmonising the needs of the tribals and other dwellers of the forest with the protection and conservation of wild life; and] (d) in any other matter connected with the protection of wild life, which may bereferred to it by the State Government. CHAPTER III HUNTING OF WILD ANIMALS 6 7 [9. Prohibition of hunting.—No person shall hunt any wild animal specified in [ Schedules I and II] except as provided under section 11 and section 12.] [10. Maintenance of records of wild animals killed or captured.]—Omitted by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), s. 8, for “the Wild Life Advisory Board” (w.e.f.

and stating the reasons therefor, permit any person to hunt [such animal or group of animals in a

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Section 12 — Grant of permit for special purposes

Section 13 — [Suspension or cancellation of licence]

Section 14 — [Appeals]

1 and stating the reasons therefor, permit any person to hunt [such animal or group of animals in a specified area or cause such animal or group of animals in that specified area to be hunted]. (2) The killing or wounding in good faith of any wild animal in defence of oneself or of any other person shall not be an offence: Provided that nothing in this sub-section shall exonerate any person who, when such defence becomes necessary, was committing any act in contravention of any provision of this Act or any rule or order made thereunder. (3) Amy wild animal killed or wounded in defence of any person shall be Government property. Grant of permit for special purposes.—Notwithstanding anything contained elsewhere in this 2 Act, it shall be lawful for the Chief Wild Life Warden, to grant *** a permit, by an order in writing stating the reasons therefor, to any person, on payment of such fee as may be prescribed, which shall entitle the holder of such permit to hunt subject to such conditions as may be specified therein, any wild animal specified in such permit, for the purpose of,— (a) education; 3 [(b) scientific research; (bb) scientific management. Explanation.—For the purposes of clause (bb), the expression,“scientific management” means— (i) translocation of any wild animals to an alternative suitable habitat; or (ii) population management of wildlife, without killing or poisoning or destroying any wild animals;] 4 [(c) collection of specimens— (i) for recognised zoos subject to the permission under section 38-I; or (ii) for museums and similar institutions; (d) derivation, collection or preparation of snake-venom for the manufacture of life-saving drugs:] 5 [Provided that no such permit shall be granted— (a) in respect of any wild animal specified in Schedule I, except with the previous permission of the Central Government, and (b) in respect of any other wild animal, except with the previous permission of the State Government;] (d) derivation, collection or preparation of snake-venom for the manufacture of life-saving drugs:] 13. [Suspension or cancellation of licence].—Omitted by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), s. Subs. by Act 16 of 2003, s.9, for “such animal or cause such animal to be hunted” (w.e.f. The words “, with the previous permission of the State Government” omitted by Act 23 of 1982, s.

15. [Hunting of young and female of wild animals].—Omitted by, s. 12, ibid.(w.e.f. 2-10-1991).

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Section 15 — [Hunting of young and female of wild animals].—Omitted by, s. 12, ibid.(w.e.f. 2-10-1991). 16. [Declaration of closed time]

Section 16 — [Declaration of closed time]

Section 17 — [Restrictions on hunting]

Section 17A — Prohibition of picking, uprooting, etc. of specified plant

Section 17B — Grants of permit for special purposes

Section 17D — Dealing in specified plants without licence prohibited

Section 17C — Cultivation of specified plants without licence prohibited

15. [Hunting of young and female of wild animals].—Omitted by, s. 16. [Declaration of closed time].—Omitted by, s. 17. [Restrictions on hunting].—Omitted by, s. Grants of permit for special purposes.—The Chief Wild Life Warden may, with the previous permission of the State Government, grant to any person a permit to pick, uproot, acquire or collect from a forest land or the area specified under section 17A or transport, subject to such conditions as may be specified therein, any specified plant for the purpose of— (a) education; (b) scientific research; (c) collection, preservation and display in a herbarium of any scientific institution; or (d) propagation by a person or an institution approved by the Central Government in this regard. 17C.Cultivation of specified plants without licence prohibited.—(1) No person shall cultivate a specified plant except under and in accordance with a licence granted by the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf: Provided that nothing in this section shall prevent a person, who immediately before the commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991), was cultivating a specified plant from carrying on such cultivation for a period of six months from such commencement or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed in writing that a licence cannot be granted to him. (2) Every licence granted under this section shall specify the area in which and the conditions, if any, subject to which the licensee shall cultivate a specified plant. Dealing in specified plants without licence prohibited.—(1) No person shall, except under and in accordance with a licence granted by the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf, commence or carry on business or occupation as a dealer in a specified plant or part or derivate thereof: Provided that nothing in this section shall prevent a person, who, immediately before the commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991), was carrying on such business or occupation, from carrying on such business or occupation for a period of sixty days from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed in writing that a licence cannot be granted to him.

(2) Every licence granted under this section shall specify the premises in which and the conditions, if

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Section 17E — Declaration of stock

Section 17F — Possession, etc., of plants by licensee

Section 17G — Purchase, etc., of specified plants

Section 17H — Plants to be Government property

Section 18 — Declaration of sanctuary

(2) Every licence granted under this section shall specify the premises in which and the conditions, if any, subject to which the licensee shall carry on his business. Declaration of stock.—(1) Every person cultivating, or dealing in, a specified plant or part or derivative thereof shall, within thirty days from the date of commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991) declare to the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf, his stocks of such plants and part or derivative thereof, as the case may be, on the date of such commencement. (2) The provisions of sub-sections (3) to (8) (both inclusive) of section 44, section 45, section 46 and section 47 shall, as far as may be, apply in relation to an application and a licence referred to in section 17C and section 17D as they apply in relation to the licence or business in animals or animal articles. Possession, etc., of plants by licensee.—No licensee under this Chapter shall— (a) keep in his control, custody or possession— (i) any specified plant, or part or derivative thereof in respect of which a declaration under the provisions of section 17E has to be made but has not been made; (ii) any specified plant, or part or derivative thereof which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder; (b) (i) pick, uproot, collect or acquire any specified plant, or (ii) acquire, receive, keep in his control, custody or possession, or sell, offer for sale or transport any specified plant or part or derivative thereof, except in accordance with the conditions subject to which the licence has been granted and such rules as may be made under this Act. Purchase, etc., of specified plants.—No person shall purchase, receive or acquire any specified plant or part or derivative thereof otherwise than from a licensed dealer: Provided that nothing in this section shall apply to any person referred to in section 17B. Plants to be Government property.—(1) Every specified plant or part or derivative thereof, in respect of which any offence against this Act or any rule or order made thereunder has been committed, shall be the property of the State Government, and, where such plant or part or derivative thereof has been collected or acquired from a sanctuary or National Park declared by the Central Government, such plant or part or derivative thereof shall be the property of the Central Government. (2) The provisions of sub-sections (2) and (3) of section 39 shall, as far as may be, apply in relation to the specified plant or part or derivative thereof or they apply in relation to wild animals and articles referred to in sub-section (1) of that section.] CHAPTER IV 1 [PROTECTED AREAS] Sanctuaries 2 18. Declaration of sanctuary.— [(1) The State Government may, by notification, declare its intention to constitute any area other than an area comprised within any reserve forest or the territorial waters as a sanctuary if it considers that such area is of adequate ecological, faunal, floral, 1.

geomorphological, natural or zoological significance, for the purpose of protecting, propagating or

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Section 18A — Protection to sanctuaries

Section 18B — Appointment of Collectors

Section 19 — Collector to determine rights

Section 20 — Bar of accrual of rights

Section 21 — Proclamation by Collector

Section 22 — Inquiry by Collector

geomorphological, natural or zoological significance, for the purpose of protecting, propagating or developing wild life or its environment.] (2) The notification referred to in sub-section (1) shall specify, as nearly as possible, the situation and limits of such area. Explanation.—For the purposes of this section, it shall be sufficient to describe the area by roads, rivers, ridges or other well-known or readily intelligible boundaries. Protection to sanctuaries.—(1) When the State Government declares its intention under sub-section (1) of section 18 to constitute any area, not comprised within any reserve forest or territorial waters under that sub-section, as a sanctuary, the provisions of sections 27 to 33A (both inclusive) shall come into effect forthwith. (2) Till such time as the rights of affected persons are finally settled under sections 19 to 24 (both inclusive), the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records. Appointment of Collectors.—The State Government shall appoint, an officer to act as Collector under the Act, within ninety days of coming into force of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003), or within thirty days of the issue of notification under section 18, to inquire into and determine the existence, nature and extent of rights of any person in or over the land comprised within the limits of the sanctuary which may be notified under sub-section (1) of section 18.] 2 19. Collector to determine rights.— [When a notification has been issued under section 18,] the Collector shall inquire into, and determine, the existence, nature and extent of the rights of any person in or over the land comprised within the limits of the sanctuary. Bar of accrual of rights.—After the issue of a notification under section 18, no right shall be acquired in, on or over the land comprised within the limits of the area specified in such notification, except by succession, testamentary or intestate.

23. Powers of Collector.—For the purpose of such inquiry, the Collector may exercise the following

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Section 23 — Powers of Collector

Section 24 — Acquisition of rights

Section 25 — Acquisition proceedings

Powers of Collector.—For the purpose of such inquiry, the Collector may exercise the following powers, namely:— (a) the power to enter in or upon any land and to survey, demarcate and make a map of the same or to authorise any other officer to do so; (b) the same powers as are vested in a civil court for the trial of suits. Acquisition of rights.—(1) In the case of a claim to a right in or over any land referred to in section 19, the Collector shall pass an order admitting or rejecting the same in whole or in part. (2) If such claim is admitted in whole or in part, the Collector may either— (a) exclude such land from the limits of the proposed sanctuary, or (b) proceed to acquire such land or rights, except where by an agreement between the owner of such land or holder of rights and the Government, the owner or holder of such rights has agreed to surrender his rights to the Government, in or over such land” and on payment of such compensation, 1 as is provided in the [Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).] 2 [(c) allow, in consultation with the Chief Wild Life Warden, the continuation of any right of any person in or over any land within the limits of the sanctuary.] 25. Acquisition proceedings.—(1) For the purpose of acquiring such land, or rights in or over such land,— 3 (a) the Collector shall be deemed to be a Collector, proceeding under the [Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013);] (b) the claimant shall be deemed to be a person interested and appearing before him in pursuance 4 of a notice given under [section 21] of that Act; 4 (c) the provisions of the sections, preceding [section 21] of that Act, shall be deemed to have been complied with; (d) where the claimant does not accept the award made in his favour ha the matter of 5 compensation, he shall be deemed, within the meaning of [section 64] of that Act, to be a person interested who has not accepted the award, and shall be entitled to proceed to claim relief against the 5 award under the provisions of [Chapter VIII] of that Act; 6 (e) the Collector, with the consent of the claimant, or [the Authority], with the consent of both the parties, may award compensation in land or money or partly in land and partly in money; and (f) in the case of the stoppage of a public way or a common pasture, the Collector may, with the previous sanction of the State Government, provide for an alternative public way or common pasture, as far as may be practicable or convenient. 7 [Explanation.—The expression “Authority” referred to in clause (e), shall mean the Land Acquisition, Rehabilitation and Resettlement Authority established under section 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).] (2) The acquisition under this Act of any land or interest therein shall be deemed to be acquisition for a public purpose. 8, for “Land Acquisition Act, 1894 (1 of 1894)” (w.e.f. 9, for “Land Acquisition Act, 1894 (1 of 1894)” (w.e.f.

[25A. Time-limit for completion of acquisition proceedings.—(1) The Collector shall, as far as

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Section 25A — Time-limit for completion of acquisition proceedings

Section 26 — Delegation of Collector’s powers

Section 26A — Declaration of area as sanctuary

Section 27 — Restriction on entry in sanctuary

Time-limit for completion of acquisition proceedings.—(1) The Collector shall, as far as possible, complete the proceedings under sections 19 to 25 (both inclusive), within a period of two years from the date of notification of declaration of sanctuary under section 18. (2) The notification shall not lapse if, for any reasons, the proceedings are not completed within a period of two years.] 26. Delegation of Collector’s powers.—The State Government may, by general or special order, direct that the Powers exercisable or the functions to be performed by the Collector under sections 19 to 25 (both inclusive) may be exercised and performed by such other officer as may be specified in the order. Declaration of area as sanctuary.—(1) When— (a) a notification has been issued under section 18 and the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a sanctuary, have been disposed of by the State Government; or (b) any area comprised within any reserve forest or any part of the territorial waters, which is considered by the State Government to be of adequate ecological faunal floral geomorphological, natural or zoological significance for the purpose of protecting, propagating or developing wild life or its environment, is to be included in a sanctuary, the State Government shall issue a notification specifying the limits of the area which shall be comprised within the sanctuary and declare that the said area shall be sanctuary on and from such date as may be specified in the notification: Provided that where any part of the territorial waters is to be so included, prior concurrence of the Central Government shall be obtained by the State Government: Provided further that the limits of the area of the territorial waters to be included in the sanctuary shall be determined in consultation with the Chief Naval Hydrographer of the Central Government and after taking adequate measures to protect the occupational interests of the local fishermen. (2) Notwithstanding anything contained in sub-section (1), the right of innocent passage of any vessel or boat through the territorial waters shall not be affected by the notification issued under sub-section (1). 3 [(3) No alteration of the boundaries of a sanctuary shall be made by the State Government except on a recommendation of the National Board.] 27. Restriction on entry in sanctuary.—(1) No person other than,— (a) a public servant on duty, (b) a person who has been permitted by the Chief Wild Life Warden or the authorised officer to reside within the limits of the sanctuary, (c) a person who has any right over immovable property within the limits of the sanctuary, (d) a person passing through the sanctuary along a public highway, and (e) the dependants of the person referred to in clause (a), clause (b) or clause (c), shall enter or reside in the sanctuary, except under and in accordance with the conditions of a permit granted under section 28. (2) Every person shall, so long, as he resides in the sanctuary, be bound— (a) to prevent the commission, in the sanctuary, of an offence against this Act; (b) where there is reason to believe that any such offence against this Act has been committed in such sanctuary, to help in discovering and arresting the offender; 1.

(c) to report the death of any wild animal and to safeguard its remains until the Chief Wild Life

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Section 28 — Grant of permit

Section 29 — Destruction, etc., in a sanctuary prohibited without a permit

Section 30 — Causing fire prohibited

(c) to report the death of any wild animal and to safeguard its remains until the Chief Wild Life Warden or the authorised officer takes charge thereof; (d) to extinguish any fire in such sanctuary of which he has knowledge or information and to prevent from spreading, by any lawful means in his power, any fire within the vicinity of such sanctuary of which he has knowledge or information; and (e) to assist any forest officer, Chief Wild Life. Warden, Wild Life Warden or police officer demanding his aid for preventing the commission of any offence against this Act or in the investigation of any such offence. 1 [(3) No person shall, with intent to cause damage to any boundary-mark of a sanctuary or to cause wrongful gain as defined in the Indian Penal Code, 1860 (45 of 1860), alter, destroy, move or deface such boundary-mark. (4) No person shall tease or molest any wild animal or litter the grounds of sanctuary.] 28. Grant of permit.—(1) The Chief Wild Life Warden may, on application, grant to any person a permit to enter or reside in a sanctuary for all or any of the following purposes, namely:— (a) investigation or study of wild life and purposes ancillary or incidental thereto; 2 (b) photography [and film-making without making any change in the habitat or causing any adverse impact to the habitat or wild life;] (c) scientific research; (d) tourism; (e) transaction of lawful business with any person residing in the sanctuary. (2) A permit to enter or reside in a sanctuary shall be issued subject to such conditions and on payment of such fee as may be prescribed. Destruction, etc., in a sanctuary prohibited without a permit.—No person shall destroy, exploit or remove any wild life including forest produce from a sanctuary or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the sanctuary, except under and in accordance with a permit granted by the Chief Wild Life Warden, and no such permit shall be granted unless the State Government being satisfied in consultation 4 with the [National Board] that such removal of wild life from the sanctuary or the change in the flow of water into or outside the sanctuary is necessary for the improvement and better management of wild life therein, authorises the issue of such permit: Provided that where the forest produce is removed from a sanctuary the same may be used for meeting the personal bona fide needs of the people living in and around the sanctuary and shall not be used for any commercial purpose. 5 [Explanation.—For the purposes of this section, grazing or movement of livestock permitted under clause (d) of section 33, or hunting of wild animals under a permit granted under section 11 or hunting without violating the conditions of a permit granted under section 12, or the exercise of any rights permitted to continue under clause (c) of sub-section (2) of section 24, including the bona fide use of drinking and household water by local communities until they are settled, shall not be deemed to be an act prohibited under this section.] 30.

31. Prohibition of entry into sanctuary with weapon.—No person shall enter a sanctuary with any

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Section 31 — Prohibition of entry into sanctuary with weapon

Section 32 — Ban on use of injurious substances

Section 33 — Control of sanctuaries

Section 33A — Immunisation of live-stock

Section 33B — Advisory Committee

Section 34 — Registration of certain persons in possession of arms

Prohibition of entry into sanctuary with weapon.—No person shall enter a sanctuary with any weapon except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer. Ban on use of injurious substances.—No person shall use, in a sanctuary, chemicals, explosives or any other substances which may cause injury to, or endanger, any wild life in such sanctuary. Control of sanctuaries.—The Chief Wild Life Warden shall be the authority who shall control, 1 [manage and protect all sanctuaries in accordance with such management plans for the sanctuary approved by him as per the guidelines issued by the Central Government and in case the sanctuary also falls under the Scheduled Areas or areas where the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) is applicable, in accordance with the management plan for such sanctuary prepared after due consultation with the Gram Sabha concerned] and for that purpose, within the limits of any sanctuary,— (a) may construct such roads, bridges, buildings, fences or barrier gates, and carry out such other works as he may consider necessary for the purposes of such sanctuary: 2 3 [Provided that no construction of [tourist lodges, including Government lodges, for commercial purposes], hotels, zoos and safari parks shall be undertaken inside a sanctuary except with the prior approval of the National Board.] (b) shall take such steps as will ensure the security of wild animals in the sanctuary and the preservation of the sanctuary and wild animals therein; (c) may take such measures, in the interests of wild life, as he may consider necessary for the improvement of any habitat; (d) may regulate, control or prohibit, in keeping with the interests of wild life, the grazing or 4 movement of [live-stock.] 5 *** 6 [33A. Immunisation of live-stock.—(1) The Chief Wild Life Warden shall take such measures in such manner, as may be prescribed, for immunisation against communicable diseases of the live-stock kept in or within five kilometres of a sanctuary. (2) No person shall take, or cause to be taken or grazed, any live-stock in a sanctuary without getting it immunised.] 7 [33B. Advisory Committee.—(1) The State Government shall constitute an Advisory Committee consisting of the Chief Wild Life Warden or his nominee not below the rank of Conservator of Forests as its head and shall include a member of the State Legislature within whose constituency the sanctuary is situated, three representatives of Panchayati Raj Institutions, two representatives of non-governmental organisations and three individuals active in the field of wild life conservation, one representative each from departments dealing with Home and Veterinary matters, Honorary Wild Life Warden, if any, and the officer-in-charge of the sanctuary as Member-Secretary. (2) The Committee shall render advice on measures to be taken for better conservation and management of the sanctuary including participation of the people living within and around the sanctuary. (3) The Committee shall regulate its own procedure including quorum.] 34. Registration of certain persons in possession of arms.—(1) Within three months from the declaration of any area as a sanctuary, every person residing in or within ten kilometres of any such 1.

sanctuary and holding a licence granted under the Arms Act, 1959(54 of 1959), for the possession of arms

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Section 35 — Declaration of National Parks

sanctuary and holding a licence granted under the Arms Act, 1959(54 of 1959), for the possession of arms or exempted from the provisions of that Act and possessing arms, shall apply in such form, on payment of such fee and within such time as may be prescribed, to the Chief Wild Life Warden or the authorised officer, for the registration of his name. (2) On receipt of an application under sub-section (1), the Chief Wild Life Warden or the authorised officer shall register the name of the applicant in such manner as may be prescribed. 1 [(3) No new licences under the Arms Act, 1959 (54 of 1959) shall be granted within a radius of ten kilometres of a sanctuary without the prior concurrence of the Chief Wild Life Warden.] 2 [(4) No renewal of any licence under the Arms Act, 1959, (54 of 1959) shall be granted to any person residing within ten kilometres of a sanctuary except under the intimation to the Chief Wild Life Warden or the authorised officer.] National Parks 35. Declaration of National Parks.—(1) Whenever it appears to the State Government that an area, whether within a sanctuary or not, is, by reason of its ecological, faunal, floral, geomorphological or zoological association or importance, needed to be constituted as a National Park for the purpose of protecting, propagating or developing wild life therein or its environment, it may, by notification, declare its intention to constitute such area as a National Park. 3 [Provided that where any part of the territorial waters is proposed to be included in such National Park, the provisions of section 26A shall, as far as may be, apply in relation to the declaration of a National Park as they apply in relation to the declaration of a sanctuary.] (2) The notification referred to in sub-section (1) shall define the limits of the area which is intended to be declared as a National Park. 4 (3) Where any area is intended to be declared as a National Park, the provisions of sections [19 to 26A (both inclusive except cause (c) of sub-section (2) of section 24)] shall, as far as may, be, apply to the investigation and determination of claims, and extinguishment of rights, in relation to any land in such area as they apply to the said matters in relation to any land in a sanctuary. 5 [(3A) When the State Government declares its intention under sub-section (1) to constitute any area as a National Park, the provisions of sections 27 to 33A (both inclusive), shall come into effect forthwith, until the publication of the notification declaring such National Park under sub-section (4). (3B) Till such time as the rights of the affected persons are finally settled under sections 19 to 26A [both inclusive except clause (c) of sub-section (2) of section 24], the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records.] (4) When the following events have occurred, namely,— (a) the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a National Park, have been disposed of by the State Government, and (b) all rights in respect of lands proposed to be included in the National Park have become vested in the State Government, the State Government shall publish a notification specifying the limits of the area which shall be comprised within the National Park and declare that the said area shall be a National Park on and from such date as may be specified in the notification.

[(5) No alteration of the boundaries of a National Park by the State Government shall be made except

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Section 36A — Declaration and management of a conservation reserve

Section 36B — Conservation reserve management committee

1 [(5) No alteration of the boundaries of a National Park by the State Government shall be made except on a recommendation of the National Board. (6) No person shall destroy, exploit or remove any Wild Life including forest produce from a National Park or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the National Park, except under and in accordance with a permit granted by the Chief Wild Life Warden, and no such permit shall be granted unless the State Government being satisfied in consultation with the National Board that such removal of wild life from the National Park or the change in the flow of water into or outside the National Park is necessary for the improvement and better management of wild life therein, authorises the issue of such permit: Provided that where the forest produce is removed from a National Park, the same may be used for meeting the personal bona fide needs of the people living in and around the National Park and shall not be used for any commercial purpose.] 2 2 (7) No grazing of any [live-stock] shall be permitted in a National Park and no [live-stock] shall be 2 allowed to enter therein except where such [live-stock] is used as a vehicle by a person authorised to enter such National Park. (8) The provisions of sections 27 and 28, sections 30 to 32 (both inclusive), and clauses (a), (b) and 3 (c) of [section 33, section 33A] shall, as far as may be, apply in relation to a National Park as they apply in relation to a sanctuary. 4 [Explanation.—For the purposes of this section, in case of an area, whether within a sanctuary or not, where the rights have been extinguished and the land has become vested in the State Government under any Act or otherwise, such area may be notified by it, by a notification, as a National Park and the proceedings under sections 19 to 26 (both inclusive) and the provisions of sub-sections (3) and (4) of this section shall not apply.] 5 *** 36. [Declaration of game reserve.]—Omitted by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), s. Declaration and management of a conservation reserve.—(1) The State Government may, after having consultations with the local communities, declare any area owned by the Government, particularly the areas adjacent to National Parks and sanctuaries and those areas which link one protected area with another, as a conservation reserve for protecting landscapes, seascapes, flora and fauna and their habitat: Provided that where the conservation reserve includes any land owned by the Central Government, its prior concurrence shall be obtained before making such declaration. (2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses (b) and (c) of section 33 shall, as far as may be, apply in relation to a conservation reserve as they apply in relation to a sanctuary. Conservation reserve management committee.—(1) The State Government shall constitute a conservation reserve management committee to advise the Chief Wild Life Warden to conserve, manage and maintain the conservation reserve. (2) The committee shall consist of a representative of the forest or Wild Life Department, who shall be the Member-Secretary of the Committee, one representative of each Village Panchayat in whose jurisdiction the reserve is located, three representatives of non-governmental organisations working in the 1. 19, for sub-sections (5) and (6) (w.e.f. 23, ibid., for “section 33” (w.e.f.

field of wild life conservation and one representative each from the Department of Agriculture and

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Section 36C — Declaration and management of community reserve

Section 36D — Community reserve management committee

Section 38 — Power of Central Government to declare areas as sanctuaries or National Parks [or conservation reserves]

field of wild life conservation and one representative each from the Department of Agriculture and Animal Husbandry. (3) The Committee shall regulate its own procedure including the quorum. Declaration and management of community reserve.—(1) The State Government may, where the community or an individual has volunteered to conserve wild life and its habitat, declare any private or community land not comprised within a National Park, sanctuary or a conservation reserve, as a community reserve, for protecting fauna, flora and traditional or cultural conservation values and practices. (2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses (b) and (c) of section 33 shall, as far as may be, apply in relation to a community reserve as they apply in relation to a sanctuary. (3) After the issue of notification under sub-section (1), no change in the land use pattern shall be made within the community reserve, except in accordance with a resolution passed by the management committee and approval of the same by the State Government. Community reserve management committee.—(1) The State Government shall constitute a Community Reserve management committee, which shall be the authority responsible for conserving, maintaining and managing the community reserve. 1 (2) The committee shall consist of [not less than five representatives] nominated by the Village Panchayat or where such Panchayat does not exist by the members of the Gram Sabha and one representative of the State Forests or Wild Life Department under whose jurisdiction the community reserve is located. 2 [(2A) Where a community reserve is declared on private land under sub-section (1) of section 36C, the community reserve management committee shall consist of the owner of the land, a representative of the State Forests or Wild Life Department under whose jurisdiction the community reserve is located and also the representative of the Panchayat concerned or the tribal community, as the case may be.] (3) The committee shall be the competent authority to prepare and implement the management plan for the community reserve and to take steps to ensure the protection of wild life and its habitat in the reserve. (4) The committee shall elect a Chairman who shall also be the Honorary Wild Life Warden on the community reserve. (5) The committee shall regulate its own procedure including the quorum.] Closed Area 37. [Declaration of closed area.]—Omitted by the Wild Life (Protection) Amendment Act, 2002 (16 of 2003), s. Power of Central Government to declare areas as sanctuaries or National Parks [or conservation reserves].—(1) Where the State Government leases or otherwise transfers any area under its control, not being an area within a sanctuary, to the Central Government, the Central Government may, if it is satisfied that the conditions specified in section 18 are fulfilled in relation to the area so transferred 4 to it, declare such area, by notification, to be a sanctuary and the provisions of [sections 18 to 35] (both inclusive), 54 and 55 shall apply in relation to such sanctuary as they apply in relation to a sanctuary declared by the State Government.

(2) The Central Government may, if it is satisfied that the conditions specified in section 35 are

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Section 38A — Constitution of Central Zoo Authority

Section 38B — Term of office and conditions of service of Chairperson and members, etc

(2) The Central Government may, if it is satisfied that the conditions specified in section 35 are fulfilled in relation to any area referred to in section (1), whether or not such area has been declared, to be a sub sanctuary by the Central Government or the State Government, declare such area, by notification, to be a National Park and the provisions of sections 35, 54 and 55 shall apply in relation to such National Park as they apply in relation to a National Park declared by the State Government. 1 [(2A) The Central Government may, if it is satisfied that the conditions specified in sub-section (1) of section 36A are fulfilled in relation to any area referred to in sub-section (1), declare such area, by notification, to be a conservation reserve and the provisions of sections 36A and 36B shall apply in relation to such conservation reserve as they apply in relation to a conservation reserve declared by the State Government.] 2 (3) In relation to a sanctuary or National Park [or conservation reserve] declared by the Central Government, the powers and duties of the Chief Wild Life Warden under the sections referred to in 3 [sub-sections (1), (2) and (2A)], shall be exercised and discharged by the Director or by such other officer as may be authorised by the Director in this behalf and references, in the sections aforesaid, to the State Government shall be construed as references to the Central Government and reference therein to the Legislature of the State shall be construed as a reference to Parliament. 4 [CHAPTER IVA CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS 38A. Constitution of Central Zoo Authority.—(1) The Central Government shall constitute a body to be known as the Central Zoo Authority (hereinafter in this Chapter referred to as the Authority), to exercise the powers conferred on, and to perform the functions assigned to it under this Act. (2) The Authority shall consist of— (a) chairperson; (b) such number of members not exceeding ten; and (c) Member-Secretary, to be appointed by the Central Government. Term of office and conditions of service of Chairperson and members, etc.—(1) The 5 chairperson and every member [other than the Member-Secretary] shall hold office for such period, not exceeding three years, as may be specified by the Central Government in this behalf. (2) The chairperson or a member may by writing under his hand addressed to the Central Government, resign from the office of chairperson or, as the case may be, of the member. (3) The Central Government shall remove a person from the office of chairperson or member referred to in sub-section (2) if that person— (a) becomes an undischarged insolvent; (b) gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude; (c) becomes of unsound mind and stands so declared by a competent court; (d) refuses to act or becomes incapable of acting; (e) is, without obtaining leave of absence from the authority, absent from three consecutive meetings of the Authority; or 1. 16, ibid, for “sub-sections (1) and (2)” (w.e.f.

(f) in the opinion of the Central Government has so abused the position of chairperson or member

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Section 38C — Functions of the Authority

Section 38D — Procedure to be regulated by the Authority

(f) in the opinion of the Central Government has so abused the position of chairperson or member as to render that person’s continuance in office detrimental to the public interest: Provided that no person shall be removed under this clause unless that person has been given a reasonable opportunity of being heard in the matter. (4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh appointment. (5) The salaries and allowances and other conditions of appointment of chairperson, members and Member-Secretary of the Authority shall be such as may be prescribed. (6) The Authority shall, with the previous sanction of the Central Government, employ such officers and other employees as it deems necessary to carry out the purposes of the Authority. (7) The terms and conditions of service of the officers and other employees of the Authority shall be such as may be prescribed. (8) No act or proceeding of the Authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancies or defect in the constitution of the Authority. Functions of the Authority.—The Authority shall perform the following functions, namely:— (a) specify the minimum standards for housing, upkeep and veterinary care of the animals kept in a zoo; (b) evaluate and assess the functioning of zoos with respect to the standards or the norms as may be prescribed; (c) recognise or derecognise zoos; (d) identify endangered species of wild animals for purposes of captive breeding and assigning responsibility in this regard to a zoo; (e) co-ordinate the acquisition, exchange and loaning of animals for breeding purposes; (f) ensure maintenance of stud-books of endangered species of wild animals bred in captivity; (g) identify priorities and themes with regard to display of captive animals in a zoo; (h) co-ordinate training of zoo personnel in India and outside India; (i) co-ordinate research in captive breeding and educational programmes for the purposes of zoos; (j) provide technical and other assistance to zoos for their proper management and development on scientific lines; (k) perform such other functions as may be necessary to carry out the purposes of this Act with regard to zoos. Procedure to be regulated by the Authority.—(1) The Authority shall meet as and when necessary and shall meet at such time and place as the chairperson may think fit. (2) The Authority shall regulate its own procedure. (3) All orders and decisions of the Authority shall be authenticated by the Member-Secretary or any other officer of the Authority duly authorised by the Member-Secretary in this behalf. 38E.Grants and loans to Authority and Constitution of Fund.—(1) The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Authority grants and loans of such sums of money as that Government may consider necessary. (2) There shall be constituted a Fund to be called the Central Zoo Authority Fund and there shall be credited thereto any grants and loans made to the Authority by the Central Government, all fees and charges received by the Authority under this Act and all sums received by the Authority from such other sources as may be decided upon by the Central Government.

(3) The Fund referred to in sub-section (2) shall be applied for meeting salary, allowances and other

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Section 38F — Annual report

Section 38G — Annual report and audit report to be laid before Parliament

Section 38H — Recognition of zoos

(3) The Fund referred to in sub-section (2) shall be applied for meeting salary, allowances and other remuneration of the members, officers and other employees of the Authority and the expenses of the Authority in the discharge of its functions under this Chapter and expenses on objects and for purposes authorised by this Act. (4) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (5) The accounts of the Authority shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General. (6) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authority. (7) The accounts of the Authority, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government by the Authority. Annual report.—The Authority shall prepare in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Central Government. Annual report and audit report to be laid before Parliament.—The Central Government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the Central Government, and the reasons for the non- acceptance, if any, of any of such recommendations and the audit report to be laid as soon as may be after the reports are received before each House of Parliament. Recognition of zoos.—(1) No zoo shall be operated without being recognised by the Authority: Provided that a zoo being operated immediately before the date of commencement of the Wild Life (Protection) (Amendment) Act, 1991(44 of 1991) may continue to operate without being recognised for a 1 period of [eighteen months from the date of such commencement] and if the application seeking recognition is made within that period, the zoo may continue to be operated until the said application is finally decided or withdrawn and in case of refusal for a further period of six months from the date of such refusal. 2 [(1A) On and after the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) a zoo shall not be established without obtaining the prior approval of the Authority.] (2) Every application for recognition of a zoo shall be made to the Authority in such form and on payment of such fee as may be prescribed. (3) Every recognition shall specify the conditions, if any, subject to which the applicant shall operate the zoo. (4) No recognition to a zoo shall be granted unless the Authority, having due regard to the interests of protection and conservation of wild life, and such standards, norms and other matters as may be prescribed, is satisfied that recognition should be granted. (5) No application for recognition of a zoo shall be rejected unless the applicant has been given a reasonable opportunity of being heard. 2, for “six months from the date of such commencement” (w.e.f.

(6) The Authority may, for reasons to be recorded by it, suspend or cancel any recognition granted

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Section 38J — Prohibition of teasing, etc., in a zoo

Section 38K — Definitions

Section 38L — Constitution of National Tiger Conservation Authority

(6) The Authority may, for reasons to be recorded by it, suspend or cancel any recognition granted under sub-section (4): Provided that no such suspension or cancellation shall be made except after giving the person operating the zoo a reasonable opportunity of being heard. (7) An appeal from an order refusing to recognise a zoo under sub-section (5) or an order suspending or cancelling a recognition under sub-section (6) shall lie to the Central Government. (8) An appeal under sub-section (7) shall be preferred within thirty days from the date of communication to the applicant of the order appealed against: Provided that the Central Government may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time. Acquisition of animals by a zoo.—(1) Subject to the other provisions of this Act, no zoo shall 2 acquire, sell or transfer any wild animal or captive animal specified in Schedules I *** except with the previous permission of the Authority. (2) No zoo shall acquire, sell or transfer any wild or captive animal except from or to a recognised zoo.] 3 [Provided that nothing in this sub-section shall apply to a conservation breeding centre.] 38J. Prohibition of teasing, etc., in a zoo.—No person shall tease, molest, injure or feed any animal or cause disturbance to the animals by noise or otherwise, or litter the grounds in a zoo.] 4 [CHAPTER IVB NATIONAL TIGER CONSERVATION AUTHORITY 38K. Definitions.—In this Chapter,— (a) “National Tiger Conservation Authority” means the Tiger Conservation Authority constituted under section 38L; (b) “Steering Committee” means the Committee constituted under section 38U; (c) “Tiger Conservation Foundation” means the foundation established under section 38X; (d) “tiger reserve State” means a State having tiger reserve; (e) “tiger reserve” means the areas notified as such under section 38V. Constitution of National Tiger Conservation Authority.—(1) The Central Government shall constitute a body to be known as the National Tiger Conservation Authority (hereinafter in this Chapter referred to as the Tiger Conservation Authority), to exercise the powers conferred on, and to perform the functions assigned to it under this Act. (2) The Tiger Conservation Authority shall consist of the following members, namely:— (a) the Minister in charge of the Ministry of Environment and Forests—Chairperson; (b) the Minister of State in the Ministry of Environment and Forests—Vice-Chairperson; (c) three members of Parliament of whom two shall be elected by the House of the People and one by the Council of States; (d) eight experts or professionals having prescribed qualifications and experience in conservation of wild life and welfare of people living in tiger reserve out of which at least two shall be from the field of tribal development; 1. The word and figures “and II” omitted by Act 18 of 2022, s.

(e) Secretary, Ministry of Environment and Forests;

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Section 38M — Term of office and conditions of service of members

(e) Secretary, Ministry of Environment and Forests; (f) Director General of Forests and Special Secretary, Ministry of Environment and Forests; (g) Director, Wild Life Preservation, Ministry of Environment and Forests; (h) six Chief Wild Life Wardens from the tiger reserve States in rotation for three years; (i) an officer not below the rank of Joint Secretary and Legislative Counsel from the Ministry of Law and Justice; (j) Secretary, Ministry of Tribal Affairs; (k) Secretary, Ministry of Social Justice and Empowerment; (l) Chairperson, National Commission for the Scheduled Tribes; (m) Chairperson, National Commission for the Scheduled Castes; (n) Secretary, Ministry of Panchayati Raj; 1 (o) [an officer not below the rank of Inspector General of Forests] having at least ten years experience in a tiger reserve or wildlife management, who shall be the Member-Secretary, to be notified by the Central Government, in the Official Gazette. (3) It is hereby declared that the office of member of the Tiger Conservation Authority shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament. Term of office and conditions of service of members.—(1) A member nominated under clause (d) of sub-section (2) of section 38L shall hold office for such period not exceeding three years: Provided that a member may, by writing under his hand addressed to the Central Government, resign from his office. (2) The Central Government shall remove a member referred to in clause (d) of sub-section (2) of section 38L, from office if he— (a) is, or at any time has been, adjudicated as insolvent; (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; (c) is of unsound mind and stands so declared by a competent court; (d) refuses to act or becomes incapable of acting; (e) is, without obtaining leave of absence from the Tiger Conservation Authority, absent from three consecutive meetings of the said Authority; or (f) has, in the opinion of the Central Government, so abused his position as to render his continuation in office detrimental to the public interest: Provided that no member shall be removed under this sub-section unless he has been given a reasonable opportunity of being heard in the matter. (3) Any vacancy in the office of a member shall be filled by fresh appointment and such member shall continue for the remainder of the term of the member in whose place he is appointed. (4) The salaries and allowances and other conditions of appointment of the members of the Tiger Conservation Authority shall be such as may be prescribed. (5) No act or proceeding of the Tiger Conservation Authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Tiger Conservation Authority. 18, for “Inspector General of Forests or an officer of the equivalent rank” (w.e.f.

38N. Officers and employees of Tiger Conservation Authority.—(1) The Tiger Conservation

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Section 38N — Officers and employees of Tiger Conservation Authority

Section 38O — Powers and functions of Tiger Conservation Authority

Officers and employees of Tiger Conservation Authority.—(1) The Tiger Conservation Authority may, with the previous sanction of the Central Government, appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act: Provided that the officers and employees holding office under the Directorate of Project Tiger and dealing with Project Tiger immediately before the date of constitution of the Tiger Conservation Authority shall continue to hold office in the said Authority by the same tenure and upon the same terms and conditions of service or until the expiry of the period of six months from that date if such employee opts not to be’ the employee of that Authority. (2) The terms and conditions of service of the officers and other employees of the Tiger Conservation Authority shall be such as may be prescribed. Powers and functions of Tiger Conservation Authority.—(1) The Tiger Conservation Authority shall have the following powers and perform the following functions, namely:— (a) to approve the Tiger Conservation Plan prepared by the State Government under sub-section (5) of section 38V of this Act; (b) evaluate and assess various aspects of sustainable ecology and disallow any ecologically unsustainable land use such as, mining, industry and other projects within the tiger reserves; (c) lay down normative standards for tourism activities and guidelines for project tiger from time to time for tiger conservation in the buffer and core area of tiger reserves and ensure their due compliance; (d) provide for management focus and measures for addressing conflicts of men and wild animals and to emphasise on co-existence in forest areas outside the National Parks, sanctuaries or tiger reserve, in the working plan code; (e) provide information on protection measures including future conservation plan, estimation of population of tiger and its natural prey species, status of habitats, disease surveillance, mortality survey, patrolling, reports on untoward happenings and such other management aspects as it may deem fit including future plan conservation; (f) approve, co-ordinate research and monitoring on tiger, co-predators, prey, habitat, related ecological and socio-economic parameters and their evaluation; (g) ensure that the tiger reserves and areas linking one protected area or tiger reserve with another protected area or tiger reserve are not diverted for ecologically unsustainable uses, except in public interest and with the approval of the National Board for Wild Life and on the advice of the Tiger Conservation Authority; (h) facilitate and support the tiger reserve management in the State for biodiversity conservation initiatives through eco-development and people’s participation as per approved management plans and to support similar initiatives in adjoining areas consistent with the Central and State laws; (i) ensure critical support including scientific, information technology and legal support for better implementation of the tiger conservation plan; (j) facilitate ongoing capacity building programme for skill development of officers and staff of tiger reserves; and (k) perform such other functions as may be necessary to carry out the purposes of this Act with regard to conservation of tigers and their habitat. (2) The Tiger Conservation Authority may, in the exercise of its powers and performance of its functions under this Chapter, issue directions in writing to any person, officer or authority for the protection of tiger or tiger reserves and such person, officer or authority shall be bound to comply with the directions: Provided that no such direction shall interfere with or affect the rights of local people particularly the Scheduled Tribes.

38P. Procedure to be regulated by Tiger Conservation Authority.—(1) The Tiger Conservation

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Section 38P — Procedure to be regulated by Tiger Conservation Authority

Section 38Q — Grants and loans to Tiger Conservation Authority and Constitution of Fund

Section 38R — Accounts and audit of Tiger Conservation Authority

Section 38S — Annual report of Tiger Conservation Authority

Section 38T — Annual report and audit report to be laid before Parliament

Procedure to be regulated by Tiger Conservation Authority.—(1) The Tiger Conservation Authority shall meet at such time and at such place as the Chairperson may think fit. (2) The Chairperson or in his absence the Vice-Chairperson shall preside over the meetings of the Tiger Conservation Authority. (3) The Tiger Conservation Authority shall regulate its own procedure. (4) All orders and decisions of the Tiger Conservation Authority shall be authenticated by the Member-Secretary or any other officer of the said Authority duly authorised by the Member-Secretary in this behalf. Grants and loans to Tiger Conservation Authority and Constitution of Fund.—(1) The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Tiger Conservation Authority grants and loans of such sums of money as that Government may consider necessary. (2) There shall be constituted a Fund to be called the Tiger Conservation Authority Fund and there shall be credited thereto— (i) any grants and loans made to the Tiger Conservation Authority by the Central Government; (ii) all fees and charges received by the Tiger Conservation Authority under this Act; and (iii) all sums received by the Authority from such other sources as may be decided upon by the Central Government. (3) The Fund referred to in sub-section (2) shall be applied for meeting salary, allowances and other remuneration of the members, officers and other employees of the Tiger Conservation Authority and the expenses of the Tiger Conservation Authority incurred in the discharge of its functions under this Chapter. Accounts and audit of Tiger Conservation Authority.—(1) The Tiger Conservation Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Tiger Conservation Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Tiger Conservation Authority to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Tiger Conservation Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the Tiger Conservation Authority. (4) The accounts of the Tiger Conservation Authority as certified by the Comptroller and Auditor- General of India or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the Central Government by the Tiger Conservation Authority. Annual report of Tiger Conservation Authority.—The Tiger Conservation Authority shall prepare in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Central Government. Annual report and audit report to be laid before Parliament.—The Central Government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, insofar as they relate to the Central Government, and the reasons for the non- acceptance, if any, of any of such recommendations, and the audit report to be laid, as soon as may be after the reports are received, before each House of Parliament.

38U. Constitution of Steering Committee.—(1) The State Government may constitute a Steering

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Section 38U — Constitution of Steering Committee

Section 38V — Tiger Conservation Plan

Constitution of Steering Committee.—(1) The State Government may constitute a Steering Committee for ensuring co-ordination, monitoring, protection and conservation of tiger, co-predators and prey animals within the tiger range States. (2) The Steering Committee shall consists of— (a) the Chief Minister —Chairperson; (b) the Minister in-charge of Wild Life —Vice-Chairperson; (c) such number of official members not exceeding five including at least two Field Directors of tiger reserve or Director of National Park and one from the State Government’s Departments dealing with tribal affairs; (d) three experts or professionals having qualifications and experience in conservation of wild life of which at least one shall be from the field of tribal development, (e) two members from the State’s Tribal Advisory Council; (f) one representative each from State Government’s Departments dealing with Panchayati Raj and Social Justice and Empowerment; (g) Chief Wild Life Warden of the State shall be the Member-Secretary, ex officio, to be notified by the State Government, in the Official Gazette. Tiger Conservation Plan.—(1) The State Government shall, on the recommendation of the Tiger Conservation Authority, notify an area as a tiger reserve. (2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30,32 and clauses (b) and (c) of section 33 of this Act shall, as far as may be, apply in relation to a tiger reserve as they apply in relation to a sanctuary. (3) The State Government shall prepare a Tiger Conservation Plan including staff development and deployment plan for the proper management of each area referred to in sub-section (1), so as to ensure— (a) protection of tiger reserve and providing site specific habitat inputs for a viable population of tigers, co-predators and prey animals without distorting the natural prey-predator ecological cycle in the habitat; (b) ecologically compatible land uses in the tiger reserves and areas linking one protected area or tiger reserve with another for addressing the livelihood concerns of local people, so as to provide dispersal habitats and corridor for spill over population of wild animals from the designated core areas of tiger reserves or from tiger breeding habitats within other protected areas; (c) the forestry operations of regular forest divisions and those adjoining tiger reserves are not incompatible with the needs of tiger conservation. (4) Subject to the provisions contained in this Act, the State Government shall, while preparing a Tiger Conservation Plan, ensure the agricultural, livelihood, developmental and other interests of the people living in tiger bearing forests or a tiger reserve, Explanation.—For the purposes of this section, the expression “tiger reserve” includes— (i) core or critical tiger habitat areas of National Parks and sanctuaries, where it has been established, on the basis of scientific and objective criteria, that such areas are required to be kept as inviolate for the purposes of tiger conservation, without affecting the rights of the Scheduled Tribes or such other forest dwellers, and. notified as such by the State Government in consultation with an Expert Committee constituted for the purpose; (ii) buffer or peripheral area consisting of the area peripheral to critical tiger habitat or core area, identified and established in accordance with the provisions contained in Explanation (i) above, where a lesser degree of habitat protection is required to ensure the integrity of the critical tiger habitat with adequate dispersal for tiger species, and which aim at promoting co-existence between wildlife and human activity with due recognition of the livelihood, developmental, social and cultural 32

rights of the local people, wherein the limits of such areas are determined on the basis of scientific

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Section 38W — Alteration and de-notification of tiger reserves

Section 38X — Establishment of Tiger Conservation Foundation

rights of the local people, wherein the limits of such areas are determined on the basis of scientific and objective criteria in consultation with the concerned Gram Sabha and an Expert Committee constituted for the purpose. (5) Save as for voluntary relocation on mutually agreed terms and conditions, provided that such terms and conditions satisfy the requirements laid down in this sub-section, no Scheduled Tribes or other forest dwellers shall be resettled or have their rights adversely affected for the purpose of creating inviolate areas for tiger conservation unless— (i) the process of recognition and determination of rights and acquisition of land or forest rights of the Scheduled Tribes and such other forest dwelling persons is complete; (ii) the concerned agencies of the State Government, in exercise of their powers under this Act, establishes with the consent of the Scheduled Tribes and such other forest dwellers in the area, and in consultation with an ecological and social scientist familiar with the area, that the activities of the Scheduled Tribes and other forest dwellers or the impact of their presence upon wild animals is sufficient to cause irreversible damage and shall threaten the existence of tigers and their habitat; (iii) the State Government, after obtaining the consent of the Scheduled Tribes and other forest dwellers inhabiting the area, and in consultation with an independent ecological and social scientist familiar with the area, has come to a conclusion that other reasonable options of co-existence, are not available; (iv) resettlement or alternative package has been prepared providing for livelihood for the affected individuals and communities and fulfils the requirements given in the National Relief and Rehabilitation Policy; (v) the informed consent of the Gram Sabha concerned, and of the persons affected, to the resettlement programme has been obtained; and (vi) the facilities and land allocation at the resettlement location are provided under the said programme, otherwise their existing rights shall not be interfered with. Alteration and de-notification of tiger reserves.—(1) No alteration in the boundaries of a tiger reserve shall be made except on a recommendation of the Tiger Conservation Authority and the approval of the National Board for Wild Life. (2) No State Government shall de-notify a tiger reserve, except in public interest with the approval of the Tiger Conservation Authority and the National Board for Wild Life. Establishment of Tiger Conservation Foundation.—(1) The State Government shall establish a Tiger Conservation Foundation for tiger reserves within the State in order to facilitate and support their management for conservation of tiger and biodiversity and, to take initiatives in eco-development by involvement of people in such development process. (2) The Tiger Conservation Foundation shall, inter alia, have the following objectives:— (a) to facilitate ecological, economic, social and cultural development in the tiger reserves; (b) to promote eco-tourism with the involvement of local stake-holder communities and provide support to safeguard the natural environment in the tiger reserves; (c) to facilitate the creation of, and or maintenance of, such assets as may be necessary for fulfilling the above said objectives; (d) to solicit technical, financial, social, legal and other support required for the activities of the Foundation for achieving the above said objectives; (e) to augment and mobilise financial resources including recycling of entry and such other fees received in a tiger reserve, to foster stake-holder development and eco-tourism; (f) to support research, environmental education and training in the above related fields.

[38XA. Provisions of Chapter to be in addition to provisions relating to sanctuaries and

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Section 38Y — Constitution of [Wild Life] Crime Control Bureau

Section 38Z — Powers and functions of the Wildlife Crime Control Bureau

Provisions of Chapter to be in addition to provisions relating to sanctuaries and National Park.— The provisions contained in this Chapter shall be in addition to, and not in derogation of, the provisions relating to sanctuaries and National Parks (whether included and declared, or are in the process of being so declared) included in a tiger reserve under this Act.] CHAPTER IVC 2 [WILD LIFE] CRIME CONTROL BUREAU 3 38Y. Constitution of [Wild Life] Crime Control Bureau.—The Central Government may, for the 4 purposes of this Act, by order published in the Official Gazette, constitute a *** Wildlife Crime Control Bureau consisting of— (a) the Director of Wildlife Preservation—Director ex officio; (b) the Inspector-General of Police—Additional Director; (c) the Deputy Inspector-General of Police—Joint Director; (d) the Deputy Inspector-General of Forests—Joint Director; 5 (e) the Additional Commissioner (Customs and [Central Goods and Services Tax]—Joint Director; and (f) such other officers as may be appointed from amongst the officers covered under sections 3 and 4 of this Act. Powers and functions of the Wildlife Crime Control Bureau.—(1) Subject to the provisions of this Act, the Wildlife Crime Control Bureau shall take measures with respect to— (i) collect and collate intelligence related to organized wildlife crime activities and to disseminate the same to State and other enforcement agencies for immediate action, so as to apprehend the criminals and to establish a centralised wildlife crime data bank; (ii) co-ordination of actions by various officers, State Governments and other authorities in connection with the enforcement of the provisions of this Act, either directly or through regional and border units set up by the Bureau; (iii) implementation of obligations under the various international Conventions and protocols that are in force at present or which may be ratified or acceded to by India in future; (iv) assistance to concerned authorities in foreign countries and concerned international organisations to facilitate co-ordination and universal action for wildlife crime control; (v) develop infrastructure and capacity building for scientific and professional investigation into wildlife crimes and assist State Governments to ensure success in prosecutions related to wildlife crimes; (vi) advice the Government of India on issues relating to wildlife crimes having national and international ramifications, and suggest changes required in relevant policy and laws from time to time. (2) The Wildlife Crime Control Bureau shall exercise— (i) such powers as may be delegated to it under sub-section (1) of section 5, sub-sections (1) and (8) of section 50 and section 55 of this Act; and (ii) such other powers as may be prescribed.] 1. 20, ibid., for “TIGER AND OTHER ENDANGERED SPECIES” (w.e.f. 21, ibid., for “Tiger and other Endangered Species” (w.e.f. The words “Tiger and other Endangered Species Crime Control Bureau to be known as the” omitted by s.

CHAPTER V

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Section 39 — Wild animals, etc., to be Government property

Section 40 — Declarations

CHAPTER V TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL ARTICLES AND TROPHIES 39. Wild animals, etc., to be Government property.—(1) Every— (a) wild animal, other than vermin, which is hunted under section 11 or sub-section (1) of section 1 29 or sub-section (6) of section 35 or kept or [bred in captivity or hunted] in contravention of any 2 provision of this Act or any rule or order made thereunder or found dead, or killed *** or by mistake; and (b) animal article, trophy or uncured trophy or meat derived from any wild animal referred to in clause (a) in respect of which any offence against this Act or any rule or order made thereunder has been committed, 3 [(c) ivory imported into India and an article made from such ivory in respect of which any offence against this Act or any rule or order made thereunder has been committed; (d) vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of this Act.] shall be the property of the State Government, and, wheresuch animal is hunted in a sanctuary or National Park declared by the Central Government, such animal or any animal article, trophy, uncured trophy or 4 meat [derived from such animal or any vehicle, vessel, weapon, trap or tool used in such hunting] shall be the property of the Central Government. (2) Amy person who obtains, by any means, the possession of Government property, shall, within forty-eight hours from obtaining such possession, make a report as to the obtaining of such possession to the, nearest police station or the authorised officer and shall, if so required, hand over such property to the officer-in-charge of such police station or such authorised officer, as the case may be. (3) No person shall, without the previous permission in writing of the Chief Wild Life Warden or the authorised officer— (a) acquire or keep in his possession, custody or control, or (b) transfer to any person, whether by way of gift, sale or otherwise, or (c) destroy or damage, such Government property. 5 [(4) Where any such Government property is a live animal, the State Government shall ensure that it is housed and cared for by a recognised zoo or rescue centre when it can not be released to its natural habitat. (5) Any such animal article, trophy or uncured trophy or meat derived from any wild animal, as referred to in sub-sections (1) and (2) may be disposed of by the State Government or the Central Government, as the case may be, in such manner as may be prescribed by the Central Government: Provided that such disposal shall not include any commercial sale or auction and no certificate of ownership shall be issued for such disposal.] 40. Declarations.—(1) Every person having at the commencement of this Act the control, custody or 6 7 possession of any captive animal specified in Schedule I ***, [or animal article, trophy or uncured trophy] derived from such animal or salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, shall, within thirty days from the commencement of this Act, declare to the Chief Wild Life Warden or the authorised officer the number and description of the animal, or article of 1. 27, for “bred in captivity” (w.e.f. The words “without a licence or” omitted by s.

[40A. Immunity in certain cases.—(1) Notwithstanding anything contained in sub-sections (2) and

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Section 40A — Immunity in certain cases

Section 41 — Inquiry and preparation of inventories

the foregoing description under his control, custody or possession and the place where such animal or article is kept. (2) No person shall, after the commencement of this Act, acquire, receive, keep in his control, custody or possession, sell, offer for sale or 420 otherwise transfer or transport any animal specified in Schedule I 1 *** or any uncured trophy or meat derived from such animal, or the salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer. 2 [(2A) No person other than a person having a certificate of ownership, shall, after the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) acquire, receive, keep in his control, custody or possession any captive animal, animal article, trophy or uncured trophy specified in Schedule I 1 ***, except by way of inheritance. (2B) Every person inheriting any captive animal, animal article, trophy or uncured trophy under sub-section (2A) shall, within ninety days of such inheritance make a declaration to the Chief Wild Life Warden or the authorised officer and the provisions of sections 41 and 42 shall apply as if the declaration had been made under sub-section (1) of section 40: Provided that nothing in sub-sections (2A) and (2B) shall apply to the live elephant.] 3 [(3) Nothing in sub-section (1) or sub-section (2) shall apply to a recognised zoo subject to the provisions of section 38-I or to a public museum.] (4) The State Government may, by notification, require any person to declare to the Chief Wild Life 4 Warden or the authorised officer [any animal or animal article] or trophy (other than a musk of a musk 1 deer or horn of a rhinoceros) or salted or dried skins derived from an animal specified in Schedule I *** in his control, custody or possession in such form, in such manner, and within such time, as may be prescribed. Immunity in certain cases.—(1) Notwithstanding anything contained in sub-sections (2) and (4) of section 40 of this Act, the Central Government may, by notification, require any person to declare to the Chief Wild Life Warden or the authorised officer, any captive animal, animal article, trophy or 6 uncured trophy derived from animals specified in Schedule I *** in his control, custody or possession, in respect of which no declaration had been made under sub-section (1) or sub-section (4) of section 40, in such form, in such manner and within such time as may be prescribed. (2) Any action taken or purported to be taken for violation of section 40 of this Act at any time before the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) shall not be proceeded with and all pending proceedings shall stand abated. (3) Any captive animal, animal article, trophy or uncured trophy declared under sub-section (1), shall be dealt with in such manner and subject to such conditions as may be prescribed.] 41. Inquiry and preparation of inventories.—(1) On receipt of a declaration made under section 40, the Chief Wild Life Warden or the authorised officer may, after such notice, in such manner and at such time, as may be prescribed,— (a) enter upon the premises of a person referred to in section 40; (b) make inquiries and prepare inventories of animal articles, trophies, uncured trophies, salted 7 and dried skins and captive animals specified in Schedule I *** and found thereon; and (c) affix upon the animals, animal articles, trophies or uncured trophies identification marks in such manner as may be prescribed. The words and figures “or Part II of Schedule II” omitted by Act 18 of 2022, s. 25, for “any animal article” (w.e.f.

(2) No person shall obliterate or counterfeit any identification mark referred to in this Chapter.

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Section 42 — Certificate of ownership

Section 42A — Surrender of captive animals, animal article, etc

Section 43 — Regulation of transfer of animal, etc

Section 44 — Dealings in trophy and animal articles without licence prohibited

(2) No person shall obliterate or counterfeit any identification mark referred to in this Chapter. Certificate of ownership.—The Chief Wild Life Warden may, for the purposes of section 40, issue a certificate of ownership in such form, as may be prescribed to any person who, in his opinion, is in lawful possession of any wild animal or any animal article, trophy, uncured trophy and may, where possible, mark, in the prescribed manner, such animal article, trophy or uncured trophy for purposes of identification. Surrender of captive animals, animal article, etc.— (1) Any person having a certificate of ownership in respect of any captive animal, animal article, trophy or uncured trophy, meat or ivory imported into India or an article made from such ivory, and who is not desirous of keeping it in his control, custody or possession may, after giving notice of seven working days to the Chief Wild Life Warden, surrender the same to him and any such certificate of ownership shall stand cancelled from the date of such surrender. (2) No compensation shall be payable to any person for surrender of any such animal, article, trophy, meat or ivory to the Chief Wild Life Warden under sub-section (1). (3) Any such animal, article, trophy, meat or ivory surrendered under this section shall become the property of the State Government and the provisions of section 39 shall apply.] 3 [43. Regulation of transfer of animal, etc.—(1) No person having in his possession captive animal, animal article, trophy or uncured trophy in respect of which he has a certificate of ownership shall transfer by way of sale or offer for sale or by any other mode of consideration of commercial nature, such animal or article or trophy or uncured trophy. (2) Where a person transfers or transports from the State in which he resides to another State or acquires by transfer from outside the State, any such animal, animal article, trophy or uncured trophy in respect of which he has a certificate of ownership, he shall, within thirty days of the transfer or transport, report the transfer or transport to the Chief Wild Life Warden or the authorised officer within whose jurisdiction the transfer or transport is effected. 4 [Provided that the transfer or transport of a captive elephant for a religious or any other purpose by a person having a valid certificate of ownership shall be subject to such terms and conditions as may be prescribed by the Central Government.] (3) Nothing in this section shall apply— (a) to tail feather of peacock and the animal article or trophies made therefrom; (b) to transfer of captive animals between recognised zoos subject to the provisions of section 38-I, and transfer amongst zoos and public museums.] 5 44. Dealings in trophy and animal articles without licence prohibited.— [(1) Subject to the provisions of Chapter VA, no person shall, except under and in accordance with, a licence granted under sub-section (4)]— (a) commence or carry on the business as— (i) a manufacturer of or dealer In, any animal article; or 6 *** (ii) a taxidermist; or 1.

(iii) a dealer in trophy or uncured trophy; or

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(iii) a dealer in trophy or uncured trophy; or (iv) a dealer In captive animals; or (v) a dealer In meat; or (b) cook or serve meat In any eating-house: 1 [(c) derive, collect or prepare or deal in snake venom;] Provided that nothing in this sub-section shall prevent a person, who, immediately before the commencement of this Act was carrying on the business or occupation specified in this sub-section, from carrying on such business or occupation for a period of thirty days from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed In writing that a licence cannot be granted to him: 2 [Provided further that nothing in this sub-section shall apply to the dealers in tail feathers of peacock and articles made therefrom and the manufactures of such articles.] Explanation.—For the purposes of this section, “eating-house” includes a hotel, restaurant or any other place where any eatable is served on payment, whether or not such payment is separately made for such eatable or is included in the amount charged for board and lodging. (2) Every manufacturer of, or dealer in, animal article, or every dealer in captive animals, trophies or uncured trophies, or every taxidermist shall, within fifteen days from the commencement of this Act, declare to the Chief Wild Life Warden his stocks of animals articles, captive animals, trophies and uncured trophies, as the case may be, as on the date of such declaration and the Chief Wild Life Warden or the Authorised officer may place an identification mark on every animal article, captive animal, trophy or uncured trophy, as the case may be. 3 (3) Every person referred to in sub-section (1) who intends to obtain a licence, shall *** make an application to the Chief Wild Life Warden or the authorised officer for the grant of a licence. (4) (a) Every application referred to in sub-section (3) shall be made In such form and on payment of such fee as may be prescribed, to the Chief Wild Life Warden or the authorised officer. 4 [(b) No licence referred to in sub-section (1) shall be granted unless the Chief Wild Life Warden or the authorised officer having regard to the antecedents and previous experience of the applicant, the implication which the grant of such licence would have on the status of wild life and to such other matters as may be prescribed in this behalf and after making such inquiry in respect of those matters as he may think fit, is satisfied that the licence should be granted.] (5) Every licence granted under this section shall specify the premises in which and the conditions, if any, subject to, which the licensee shall carry on his business. (6) Every licence granted under this section shall— (a) be valid for one year from the date of its grant; (b) not be transferable; and (c) be renewable for a period not exceeding one year at a time. 30, ibid., for the second proviso (w.e.f. Certain word omitted by Act 23 of 1982, s.

(7) No application for the renewal of a licence shall be rejected unless the holder of such licence has

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Section 45 — Suspension or cancellation of licences

Section 46 — Purchase

Section 47 — Maintenance of records

Section 48 — Purchase of animals, etc., by licensee

(7) No application for the renewal of a licence shall be rejected unless the holder of such licence has been given a reasonable opportunity of presenting his case and unless the Chief Wild Life Warden or the authorised officer is satisfied that— (i) the application for such renewal has been made after the expiry of the period specified therefor, or (ii) any statement made by the applicant at the time of the grant or renewal of the licence was incorrect or false in material particulars, or (iii) the applicant has contravened any term or condition of the licence or any provision of this Act or any rule made thereunder, or (iv) the applicant does not fulfil the prescribed conditions. (8) Every order granting or rejecting an application for the grant or renewal of a licence shall be made in writing. (9) Nothing in the foregoing sub-sections shall apply in relation to vermin. Suspension or cancellation of licences.—Subject to any general or special order of the State Government, the Chief Wild Life Warden or the authorised officer may, for reasons to be recorded by him in writing, suspend or cancel any licence granted or renewed under section 44: Provided that no such suspension or cancellation shall be made except after giving the holder of the licence a reasonable opportunity of being heard. Purchase.—(1) An appeal from an order refusing to grant or renew a licence under section 44 or an order suspending or cancelling a licence under section 45 shall lie— (a) if the order is made by the authorised officer, to the Chief Wild Life Warden; or (b) if the order is made by the Chief Wild Life Warden, to the State Government. (2) In the case of an order passed in appeal by the Chief Wild Life Warden under clause (a) of sub-section (1), a second appeal shall lie to the State Government. (3) Subject as aforesaid, every order passed in appeal under this section shall be final. (4) An appeal under this section shall be preferred within thirty days from the date of the communication, to the applicant, of the order appealed against: Provided that the appellate authority may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time. Maintenance of records.—A licensee under this Chapter shall— (a) keep records, and submit such returns of his dealings, as may be prescribed,— (i) to the Director or any other officer authorised by him in this behalf, and (ii) to the Chief Wild Life Warden or the authorised officer; and (b) make such records available on demand for inspection by such officers. Purchase of animals, etc., by licensee.—No licensee under this Chapter shall— (a) keep in his control, custody or possession,— (i) any animal, animal article, trophy or uncured trophy in respect of which a declaration under the provisions of sub-section (2) of section 44 has to be made but has not been made; 39

(ii) any animal or animal article, trophy, uncured trophy or meat which has not been lawfully

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Section 48A — Restriction on transportation of wild life

Section 49 — Purchase of captive animal, etc., by a person other than a licensee

Section 49A — Definitions

(ii) any animal or animal article, trophy, uncured trophy or meat which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder; (b) (i) capture any wild animal, or (ii) acquire, receive keep in his control, custody or possession, or sell, offer for sale or 1 transport, any captive animal specified in Schedule I *** or any animal article trophy, uncured trophy or meat derived therefrom or serve such meat, or put under a process of taxidermy or make animal article containing part or whole of such animal, except in accordance with such rules as may be made tinder this Act; Provided that where the acquisition or, possession, control or custody of such animal or animal article, trophy or uncured trophy entails the transfer or transport from one State to another, no such transfer or transport shall be effected except with the previous permission in writing of the Director or any other officer authorised by him in this behalf: Provided further that no such permission under the foregoing proviso shall be granted unless the Director or the officer authorised by him is satisfied that the animal or article aforesaid has been lawfully acquired. Restriction on transportation of wild life.—No person shall accept any wild animal (other than vermin), or any animal article, or any specified plant or part or derivative thereof, for transportation except after exercising due care to ascertain that permission from the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf has been obtained for such transportation.] 49. Purchase of captive animal, etc., by a person other than a licensee.—No person shall purchase, receive or acquire any captive animal, wild animal, other than vermin, or any animal article, trophy, uncured trophy or meat derived therefrom otherwise than from a dealer or from a person authorised to sell or otherwise transfer the same under this Act: 3 [Provided that nothing in this section shall apply to a recognised zoo subject to the provisions of section 38-1 or to a public museum.] 4 [CHAPTER VA PROHIBITION OF TRADE OR COMMERCE IN TROPHIES, ANIMAL ARTICLES, ETC., DERIVED FROM CERTAIN ANIMALS 49A. Definitions.—In this Chapter,— 5 (a) “Scheduled animal” means an animal specified for the time being in Schedule I ***; (b) “Scheduled animal article” means an article made from any Scheduled animal and includes an 6 article or object in which the whole or any part of such animal [has been used but does not include tail feather of peacook, an article or trophy made therefrom and snake venom or its derivative.] (c) “Specified date” means— (i) in relation to a scheduled animal on the commencement of the Wild Life (Protection) 7 (Amendment) Act, 1986, the date of expiry of two months from such commencement; *** 5 (ii) in relation to any animal added or transferred to Scheduled I *** at any time after such commencement, the date of expiry of two months from such addition or transfer. The words and figures “or Part II of Schedule II” omitted by Act 18 of 2022, s. The word and figures “or Part II of Schedule II” omitted by Act 18 of 2022, s.

[(iii) in relation ivory imported into India or an article made from such ivory, the date of

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Section 49B — Prohibition of dealings in trophies, animal articles, etc., derived from scheduled animals

Section 49C — Declaration by dealers

1 [(iii) in relation ivory imported into India or an article made from such ivory, the date of expiry of six months from the commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991).] 49B. Prohibition of dealings in trophies, animal articles, etc., derived from scheduled animals.—(1) Subject to the other provisions of this Section, on and after the specified date, no person shall— (a) commence or carry on the business as— (i) a manufacturer of, or dealer in, scheduled animal articles; or 2 [ia) a dealer in ivory imported into India or articles made therefrom or a manufacturer of such articles; or] (ii) a taxidermist with respect to any scheduled animals or any parts of such animals; or (iii) a dealer in trophy or uncured trophy derived from any scheduled animal; or (iv) a dealer in any captive animals being scheduled animals; or (v) a dealer in meat derived from any scheduled animal; or (b) cook or serve meat derived from any scheduled animal in any eating-house. Explanation.—For the purposes of this sub-section, “eating-house” has the same meaning as in the Explanation below sub-section (1) of Section 44. (2) Subject to the other provisions of this section, no licence granted or renewed under Section 44 before the specified date shall entitle the holder thereof or any other person to commence or carry on the business referred to in clause (a) of sub-section (1) of this section or the occupation referred to in clause (b) of that sub-section after such date. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), where the Central Government is satisfied that it is necessary or expedient so to do in the public interest, it may, by general or special order published in the official Gazette, exempt, for purposes of export, any corporation owned or controlled by the Central Government (including a Government company within the meaning of section 617 of the Companies Act, 1956 (1 of 1956), or any society registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force, wholly or substantially financed by the Central Government, from the provisions of sub-sections (1) and (2). (4) Notwithstanding anything contained in sub-section (1) or sub-section (2), but subject to any rules which may be made in this behalf, a person holding a licence under Section 44 to carry on the business as a taxidermist may put under a process of taxidermy any scheduled animal or any part thereof— (a) for or on behalf of the Government or any corporation or society exempted under sub-section (3), or (b) with the previous authorisation in writing of the Chief Wild Life Warden, for and on behalf of any person for educational or scientific purposes. Declaration by dealers.—(1) Every person carrying on the business or occupation referred to in sub-section (1) of Section 49B shall, within thirty days from the specified date declare to the Chief Wild Life Warden or the authorised officer— (a) his stocks, if any, as at the end of the specified date of— (i) scheduled animal articles; (ii) scheduled animals and parts thereof; (iii) trophies and uncured trophies derived from scheduled animals; 1.

(iv) captive animals being scheduled animals;

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Section 49D — Definitions

(iv) captive animals being scheduled animals; 1 [(v) ivory imported into India or articles made therefrom;] (b) the place or places at which the stocks mentioned in the declaration are kept; and (c) the description of such items, if any, the stocks mentioned in the declaration which he desires to retain with himself for his bona fide personal use. (2) On receipt of a declaration under sub-section (1), the Chief Wild Life Warden or the authorised officer may take all or any of the measures specified in section 41 and for this purpose, the provisions of section 41 shall, so far as may be, apply. (3) Where, in a declaration made under sub-section (1), the person making the declaration expresses his desire to retain with himself any of the items of the stocks specified in the declaration for his bona fide personal use, the Chief Wild Life Warden, with the prior approval of the Director, may, if he is satisfied that the person is in lawful possession of such items, issue certificates of ownership in favour of such person with respect to all, or as the case may be, such of the items as in the opinion of the Chief Wild Life Warden, are required for the bona fide personal use of such person and affix upon such items identification marks in such manner as may be prescribed: Provided that no such item shall be kept in any commercial premises. (4) No person shall obliterate or counterfeit any identification mark referred to in sub-section (3). (5) An appeal shall lie against any refusal to grant certificate of ownership under sub-section (3) and the provisions of sub-sections (2), (3) and (4) of section 46 shall, so far as may be, apply in relation to appeals under this sub-section. (6) Where a person who has been issued a certificate of ownership under sub-section (3) in respect of any item— (a) transfers such item to any person, whether by way of gift, sale or otherwise, or (b) transfers or transports from the State in which he resides to another State any such item, he shall, within thirty days of such transfer or transport, report the transfer or transport to the Chief Wild Life Warden or the authorised officer within whose jurisdiction the transfer or transport is effected. (7) No person, other than a person who has been issued a certificate of ownership under sub-section (3), shall on and after the specified date keep under his control, sell or offer for sale or 2 transfer to any person [any scheduled animal, a scheduled animal article, or ivory imported into India or any article made therefrom.] 3 [CHAPTER VB REGULATION OF INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA AS PER CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA 49D. Definitions. —In this Chapter, unless the context otherwise requires,— (a) “artificially propagated” means plants which have been grown under controlled conditions from plant materials grown under similar conditions; (b) “bred in captivity” means produced from parents in captivity; 1. 35, ibid., for “any scheduled animal or a scheduled animal article” (w.e.f.

(c) “Convention” means the Convention on International Trade in Endangered Species of Wild

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Section 49E — Designation of Management Authority

(c) “Convention” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed at Washington D.C., in the United States of America on the 3rd of March, 1973, and amended at Bonn on the 22nd of June, 1979, its appendices, decisions, resolutions and notifications made thereunder and its amendments, to the extent binding on India; (d) “export” means export from India to any other country of a specimen; (e) “import” means import into India from any other country of a specimen; (f) “introduction from the sea” means transportation into India of specimens of any species which were taken from the marine environment not under the jurisdiction of India or any other country; (g) “Management Authority” means the Management Authority designated under section 49E; (h) “readily recognisable part or derivative” includes any specimen which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a part or derivative of an animal or plant of a species listed in Schedule IV; (i) “re-export” means export of any specimen that has previously been imported; (j) “Scientific Authority” means a Scientific Authority designated under section 49F; (k) “scheduled specimen” means any specimen of a species listed in Appendices I, II or III of the Convention and incorporated as such in Schedule IV; (l) “species” means any species, sub-species, or geographically separate population thereof; (m) “specimen” means— (i) any animal or plant, whether alive or dead; (ii) in the case of an animal,— (A) for species included in Appendices I and II of Schedule IV, any readily recognisable part or derivative thereof; (B) for species included in Appendix III of Schedule IV, any readily recognisable part or derivative thereof specified in Appendix III of Schedule IV in relation to the species; and (iii) in the case of a plant,— (A) for species included in Appendix I of Schedule IV, any readily recognisable part or derivative thereof; (B) for species included in Appendices II and III of Schedule IV, any readily recognisable part or derivative thereof specified in Appendices II and III of Schedule IV in relation to the species; (n) “trade” means export, re-export, import and introduction from the sea. Designation of Management Authority. — (1) The Central Government shall, by notification, designate an officer not below the rank of an Additional Director General of Forests as the Management Authority for discharging the functions and exercising the powers under this Act. (2) The Management Authority shall be responsible for issuance of permits and certificates for trade of scheduled specimens in accordance with the Convention, submission of reports, and shall perform such other functions as may be necessary to implement the provisions of the Convention. (3) The Management Authority shall prepare and submit annual and biennial reports to the Central Government.

(4) The Central Government may appoint such officers and employees as may be necessary to assist

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Section 49F — Designation of Scientific Authority

Section 49G — Directions of Central Government

Section 49H — International trade in scheduled specimen and restriction in respect thereof

(4) The Central Government may appoint such officers and employees as may be necessary to assist the Management Authority in discharging its functions or exercising its powers under this Chapter, on such terms and conditions of service including salaries and allowances as may be prescribed. (5) The Management Authority may, with the prior approval of the Central Government, delegate its functions or powers, to such officers not below the rank of the Assistant Inspector General of Forests, as it may consider necessary for the purposes of this Chapter. Designation of Scientific Authority.—(1) The Central Government shall, by notification, designate one or more institutes engaged in research on species as Scientific Authority for the purposes of this Chapter, for fulfilling the functions under the Convention. (2) The designated Scientific Authority shall advise the Management Authority in such matters as may be referred to it by the Management Authority. (3) The Scientific Authority shall monitor the export permits granted for specimens of species listed in Appendix II of Schedule IV and the actual export of such specimens. (4) Whenever a Scientific Authority is of the opinion that the export of specimens of such species requires to be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become eligible for inclusion in Appendix I of the Convention, it shall advise the Management Authority to take such appropriate measures to limit the grant of export permits for specimens of that species as the Scientific Authority may deem necessary for said purpose. Directions of Central Government. —The Management Authority and the Scientific Authorities, shall, while performing their duties and exercising powers under this Chapter, be subject to such general or special directions, as the Central Government may, from time to time, give. International trade in scheduled specimen and restriction in respect thereof.—(1) No person shall engage in trade of scheduled specimens except as provided for under this Chapter. (2) The Central Government shall prescribe the conditions and procedures by which the exemptions contained in Article VII of the Convention may be availed. (3) Every person engaging in trade of a scheduled specimen shall report the details of the scheduled specimen and the transaction to the Management Authority or the officer authorised by it in such manner as may be prescribed. (4) Every person engaging in trade of a scheduled specimen, shall present it for clearance to the Management Authority or the officer authorised by it or a customs officer only at the ports of exit and entry as may be specified by the Central Government. (5) The form and manner of making an application for a permit or certificate to trade in a scheduled specimen, the fee payable therefor, the conditions subject to which the permit or certificate may be granted, and the procedure to be followed in granting or cancelling such permit or certificate, shall be such as may be prescribed by the Central Government. Conditions for export of scheduled specimens.—(1) The export of any specimen of species included in Appendices I or II of Schedule IV shall require the prior grant and presentation of an export permit. (2) The export of any specimen of species included in Appendix III of Schedule IV shall require the prior grant and presentation of an export permit if the species has been listed in Appendix III of the Convention by India or a certificate of origin in other cases. (3) An export permit shall not be granted unless— (a) the Management Authority is satisfied that the specimen concerned has not been obtained in contravention of any law for the time being in force relating to protection of fauna and flora; 44

(b) the Management Authority is satisfied that any living specimen will be so prepared and

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Section 49J — Conditions for import of scheduled specimens

Section 49K — Conditions for re-export of scheduled specimens

Section 49L — Conditions for introduction from sea of scheduled specimens

(b) the Management Authority is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment; (c) in the case of a specimen of a species listed in Appendices I or II of Schedule IV, the Scientific Authority has advised that the export will not be detrimental to the survival of that species; and (d) in the case of specimens of species listed in Appendix I of Schedule IV, an import permit has been granted by the competent authority of the country of destination. Conditions for import of scheduled specimens.— (1) The import of any specimen of a species included in Appendix I of Schedule IV shall require the prior grant and presentation of an import permit and either an export permit or a re-export certificate from the country of export. (2) An import permit for a specimen of a species listed in Appendix I of Schedule IV shall not be granted unless— (a) the Management Authority is satisfied that the specimen concerned will not be used for primarily commercial purposes; (b) the Scientific Authority has advised that the import will be for purposes which are not detrimental to the survival of the species; and (c) the Scientific Authority is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it. (3) The import of any specimen of a species included in Appendix II of Schedule IV shall require the prior presentation of either an export permit or a re-export certificate issued by the country of export. (4) The import of any specimen of a species included in Appendix III of Schedule IV shall require the prior presentation of— (a) a certificate of origin; or (b) in the case where the import is from a country which has included the species in Appendix III of the Convention, an export permit; or (c) a re-export certificate granted by the country of re-export. Conditions for re-export of scheduled specimens.—(1) The re-export of any specimen of species included in Appendices I or II of Schedule IV shall require the prior grant and presentation of a re-export certificate. (2) A re-export certificate shall not be granted unless— (a) the Management Authority is satisfied that any specimen to be re-exported was imported in accordance with the provisions of this Chapter and of the Convention; (b) the Management Authority is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment; and (c) in the case of any living specimen of species listed in Appendix I of Schedule IV, the Management Authority is satisfied that an import permit has been granted. Conditions for introduction from sea of scheduled specimens.—(1) The introduction from the sea of a specimen of a species included in Appendices I or II of Schedule IV shall require the prior grant and presentation of a certificate of introduction from the sea. (2) A certificate of introduction from the sea shall not be granted unless— (a) the Scientific Authority has advised that the introduction of any specimen will not be detrimental to the survival of the species; 45

(b) in the case of a specimen of a species listed in Appendix I of Schedule IV, the

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Section 49M — Possession, transfer and breeding of living scheduled animal species

Section 49N — Application for Licence by breeders of Appendix I species

(b) in the case of a specimen of a species listed in Appendix I of Schedule IV, the Management Authority is satisfied that it is not to be used for primarily commercial purposes and that the proposed recipient of any living specimen is suitably equipped to house and care for it; and (c) in the case of a living specimen of a species listed in Appendix II of Schedule IV, the Management Authority is satisfied that it will be so handled as to minimise the risk of injury, damage to health or cruel treatment. Possession, transfer and breeding of living scheduled animal species. — (1) Every person possessing a living specimen of an animal species listed in Schedule IV shall report the details of such specimen or specimens in his possession to the Management Authority or the authorised officer: Provided that the Central Government may exempt one or more specimens of any animal species included in Schedule IV from such declaration for such quantity and for such period as it may deem fit. (2) The Management Authority or the authorised officer may, on being satisfied that a person was in possession of a living specimen of an animal species listed in Schedule IV which had not been obtained in contravention of any law relating to protection of fauna and flora, issue a registration certificate allowing the owner to retain such specimen. (3) Any person who transfers possession, by any means whatsoever, of any living specimen of an animal species listed in Schedule IV shall report the details to the Management Authority or the authorised officer. (4) The Management Authority or the authorised officer shall register all transfers of living specimens of animal species listed in Schedule IV and issue the transferee with a registration certificate. (5) Any person in possession of any living specimen of an animal species listed in Schedule IV which bears any offspring shall report the birth of such offspring to the Management Authority or the authorised officer. (6) The Management Authority or the authorised officer shall on receipt of the report under sub- section (5) register any offspring born to any living specimen of an animal species listed in Schedule IV and issue the owner with a registration certificate. (7) Any person in possession of any living specimen of an animal species listed in Schedule IV which dies shall report such death to the Management Authority or the authorised officer. (8) No person shall possess, transfer or breed any living specimen of any animal species listed in Schedule IV except in conformity with this section and the rules made by the Central Government in this behalf. (9) The form, manner and period for reporting possession, transfers, and births, deaths, and registration of the same under this section shall be as prescribed by the Central Government. Application for Licence by breeders of Appendix I species.—(1) Every person who is engaged in breeding in captivity or artificially propagating any scheduled specimen listed in Appendix I of Schedule IV shall make, within a period of ninety days of the commencement of the Wild Life (Protection) Amendment Act, 2022, an application for a licence to the Chief Wild Life Warden. (2) The form and manner of the application to be made to the Chief Wild Life Warden under sub-section (1), the fee payable, the form of licence, the procedure to be followed in granting or cancelling the licence shall be such as may be prescribed by the Central Government. Licence of breeders of Appendix I species.— (1) On receipt of application under sub-section (1) of section 49N, the Chief Wild Life Warden shall, if— (a) the application is in the prescribed form; 46

(b) the resolutions of the Convention relating to breeding in captivity or artificial propagation of

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Section 49P — Prohibition on alteration, etc

Section 49Q — Species and scheduled specimens to be Government property

Section 49R — Application of provisions of Act in respect of species listed in Schedule I or II and Schedule IV

Section 50 — Power of entry, search, arrest and detention

(b) the resolutions of the Convention relating to breeding in captivity or artificial propagation of species listed in Appendix I of Schedule IV are satisfied; and (c) the provisions of the Act and rules made thereunder have been duly complied with, record an entry of the statement in a register and grant the applicant a licence. (2) The Chief Wild Life Warden shall, if the provisions or resolutions of the Convention or this Act and any rules made hereunder have not been complied with, or if a false particular is furnished, refuse or cancel the licence as the case may be after providing the applicant with an opportunity of being heard. (3) The licence under sub-section (1) shall be issued for a period of two years and may be renewed after two years on payment of such fee as may be prescribed. (4) Any person aggrieved by the refusal of the Chief Wild Life Warden or cancellation of licence under sub-section (2) may prefer an appeal to the State Government within a period of sixty days in such manner as may be prescribed. Prohibition on alteration, etc.— No person shall alter, deface, erase or remove a mark of identification affixed upon the scheduled specimen or its package. Species and scheduled specimens to be Government property.— (1) Every species or scheduled specimen, in respect of which any offence against this Act or rules made thereunder has been committed, shall become the property of the Central Government and the provisions of section 39 shall, without prejudice to the Customs Act, 1962 (52 of 1962), apply, mutatis mutandis, in relation to species and scheduled specimens as they apply in relation to wild animals, captive animals and animal articles. (2) Where a living specimen of a species listed in Schedule IV has been seized under this Act or the Customs Act, 1962 (52 of 1962) or any other law for the time being in force as a result of import into India in contravention of this Act, the Management Authority shall, after consultation with the country of export, return the specimen to that country at the expense of that country, or ensure that it is housed and cared for by a recognised zoo or rescue centre in case it cannot be returned to the country of export. (3) The Management Authority may for such purposes consult the Scientific Authority as it deems appropriate. Application of provisions of Act in respect of species listed in Schedule I or II and Schedule IV. — (1) Where the same species is listed in Schedule I or II and Schedule IV, then, the provisions of this Act applicable to such species listed in Schedule I or II and the rules made thereunder shall apply. (2) Nothing in sections 49M, 49N or 49-O shall apply to a species listed in Schedule I or Schedule II if the same species is also listed in Scheduled IV. (3) The provisions of this Chapter shall be subject to the provisions of Chapters III, IIIA, IVA, V, VA and VIA and without prejudice to anything contained therein.] CHAPTER VI PREVENTION AND DETECTION OF OFFENCES 50. Power of entry, search, arrest and detention.—(1) Notwithstanding anything contained in any 1 other law for the time being in force, the Director or any other officer authorised by him in this behalf [or the Management Authority or any officer authorised by the Management Authority] or the Chief Wild Life Warden or the authorised officer or any forest officer or any police officer not below the rank of a 2 sub- inspector [or any customs officer not below the rank of an inspector or any officer of the coast guard not below the rank of an Assistant Commandant], may, if he has reasonable grounds for believing that any person has committed an offence against this Act,— (a) require any such person to produce for inspection any captive animal, wild animal, animal 3 article, meat, trophy or [trophy, uncured trophy, specified plant or part or derivative thereof 1. 36, for “trophy or uncured trophy” (w.e.f.

[or scheduled specimen]] in his control, custody or possession, or any licence, permit or other

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1 [or scheduled specimen]] in his control, custody or possession, or any licence, permit or other document granted to him or required to be kept by him under the provisions of this Act; (b) stop any vehicle or vessel in order to conduct search or inquiry or enter upon and search any premises, land, vehicle or vessel, in the occupation of such person, and open and search any baggage or other things in his possession; 2 [(c) seize any captive animal, wild animal, animal article, meat, trophy or uncured trophy, or any 1 specified plant or part or derivative thereof [or scheduled specimen], in respect of which an offence against this Act appears to have been committed, in the possession of any person together with any trap, tool, vehicle, vessel or weapon used for committing any such offence and, unless he is satisfied that such person will appear and answer any charge which may be preferred against him, arrest him without warrant, anddetain him: Provided that where a fisherman, residing within ten kilometres of a sanctuary or National Park, inadvertently enters on a boat, not used for commercial fishing, in the territorial waters in that sanctuary or National Park, a fishing tackle or net on such boat shall not be seized.] 3 * * * * * (3) It shall be lawful for any of the officers referred to in sub-section (1) to stop and detainany person, whom he sees doing any act for which a licence or permit is required under the provisions of this Act, for the purposes of requiring such person to produce the licence or permit and if such person fails to produce the licence or permit, as the case may be, he may be arrested without warrant, unless he furnishes his name and address, and otherwise satisfies the officer arresting him that he will duly answer any summons or other proceedings which may be taken against him. 4 [(3A) Any officer of a rank not inferior to that of an Assistant Director of Wild Life Preservation or 5 [an Assistant Conservator of Forests] who, or whose subordinate, has seized any captive animal or wild animal under clause (c) of sub-section (1) may give the same for custody on the execution by any person of a bond for the production of such animal if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.] (4) Any person detained, or things seized under the foregoing power, shall forthwith be taken before a 6 Magistrate to be dealt with according to law [under intimation to the Chief Wild Life Warden or the officer authorised by him in this regard]. (5) Any person who, without reasonable cause, fails to produce anything, which he is required to produce under this section, shall be guilty of an offence against this Act. 7 [(6) Where any meat, uncured trophy, specified plant or part or derivative thereof is seized under the provisions of this section, the Assistant Director of Wild Life Preservation or any other officer of a gazetted rank authorised by him in this behalf or the Chief Wild Life Warden or the authorised officer may arrange for the disposal of the same in such manner as may be prescribed.] (7) Whenever any person is approached by any of the officers referred to in sub-section (1) for assistance in the prevention or detection of an offence against this Act, or in apprehending persons charged with the violation of this Act, or for seizure in accordance with clause (c) of sub-section (1), it shall be the duty of such person or persons to render such assistance. 8 [(8) Notwithstanding anything contained in any other law for the time being in force, any officer not 9 below the rank of an Assistant Director of Wild Life Preservation or [an officer not below the rank of 1. 29, for “Wild Life Warden,” (w.e.f. 29, ibid., for sub-section (6) (w.e.f.

Assistant Conservator of Forests authorised by the State Government in this behalf] shall have the

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Section 51 — Penalties

Assistant Conservator of Forests authorised by the State Government in this behalf] shall have the powers, for purposes of making investigation into any offence against any provision of this Act— (a) to issue a search warrant; (b) to enforce the attendance of witnesses; (c) to compel the discovery and production of documents and material objects; and (d) to receive and record evidence. (9) Any evidence recorded under clause (d) of sub-section (8) shall be admissible in any subsequent trial before a Magistrate provided that it has been taken in the presence of the accused person.] 1 2 51. Penalties.—(1) Any person who [contravenes any provision of this Act [(except Chapter VA and section 38J)]]or any rule or order made thereunder or who commits a breach of any of the conditions of any licence or permit granted under this Act, shall be guilty of an offence against this Act, and shall, on 3 conviction, be punishable with imprisonment for a term which may extend to [three years], or with fine 4 which may extend to [one lakh rupees], or with both: 5 [Provided that where the offence committed is in relation to any animal specified in Schedule I 6 *** or meat of any such animal or animal article, trophy or uncured trophy derived from such animal or where the offence relates to hunting in a sanctuary or a National Park or altering the boundaries of a 7 sanctuary or a National Park [or where the offence relates to a specimen of a species listed on Appendix I of Schedule IV], such offence shall be punishable with imprisonment for a term which shall not be less 8 than three years but may extend to seven years and also with fine which shall not be less than [twenty- five thousand rupees]: Provided further that in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term of the imprisonment shall not be less than three years but may extend to seven years 9 and also with fine which shall not be less than [one lakh rupees].] 10 [(1A) Any person who contravenes any provisions of Chapter VA, shall be punishable with 11 imprisonment for a term which shall not be less than [three years] but which may extend to seven years 12 and also with fine which shall not be less than [twenty-five thousand rupees].] 13 [(1B) Any person who contravenes the provisions of section 38J, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both: Provided that in the case of a second or subsequent offence the term of imprisonment may extend to one year or the fine may extend to five thousand rupees.] (2) When any person is convicted of an offence against this Act, the Court trying the offence may 14 order that any captive animal, wild animal, animal article, trophy, [uncured trophy, meat, ivory imported into India or an article made from such ivory, any specified plant, or part or derivative thereof] in respect of which the offence has been committed, and any trap, tool, vehicle, vessel or weapon, used in the 1. 4, for “contravenes any provision of this Act” (w.e.f. 37, ibid., for “(except Chapter VA)” (w.e.f. 32, for “twenty-five thousand rupees” (w.e.f. 37, Act 44 of 1991, for “two thousand rupees” (w.e.f.

commission of the said offence be forfeited to the State Government and that any licence or permit, held

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Section 51A — Certain conditions to apply while granting bail

commission of the said offence be forfeited to the State Government and that any licence or permit, held by such person under the provisions of this Act, be cancelled. (3) Such cancellation of licence or permit or such forfeiture shall be in addition to any other punishment that may be awarded for such offence. (4) Where any person is convicted of an offence against this Act, the Court may direct that the licence, if any, granted to such person under the Arms Act, 1959 (54 of 1959), for possession of any arm with which an offence against this Act has been committed, shall be cancelled and that such person shall not be eligible for a licence under the Arms Act, 1959, for a period of five years from the date of conviction. 1 [(5) Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (2 of 1974), or in the Probation of Offenders Act, 1958 (20 of 1958), shall apply to a person convicted of an offence with respect to hunting in a sanctuary or a National Park or of an offence against any provision of Chapter VA unless such person is under eighteen years of age.] STATE AMENDMENTS Assam Amendment of section 51.—In the principal Act, in section 51, in sub-section (1), (i) in the first proviso,— (a) in between the words “hunting in” and “a sanctuary” the words “or outside the boundary of” shall be inserted; (b) for the words “three years”, “seven years” and “ten thousand”, the words “seven years”, “ten years” and “fifty thousand” respectively shall be substituted. (ii) in the second proviso, for the words “three years”, “seven years” and “twenty five thousand”, the words “ten years”, “life imprisonment” and “seventy five thousand” respectively, shall be substituted. [Vide Assam Act 31 of 2010, s. Certain conditions to apply while granting bail.—When any person accused of, the 3 commission of any offence relating to Schedule I *** or offences relating to hunting inside the boundaries of National Park or wild life sanctuary or altering the boundaries of such parks and sanctuaries, is arrested under the provisions of the Act, then notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) no such person who had been previously convicted of an offence under this Act shall, be released on bail unless— (a) the Public Prosecutor has been given an opportunity of opposing the release on bail; and (b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.] STATE AMENDMENTS Assam Insertion of section 51B.—In the principal Act, after section 51A, the following new section 51B shall be inserted, namely:— “51B. Offences to be cognizable, non bailabale and triable by the Court of Sessions.—(1) Every offence punishable under this Act shall be congnizable and non-bailable within the meaning of the Code of Criminal Procedure, 1973. The words and figures “or Part II of Schedule II” omitted by Act 18 of 2022, s.

[54. Power to compound offence.—(1) The Central Government may, by notification, empower the

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Section 52 — Attempts and abetment

Section 53 — Punishment for wrongful seizure

Section 54 — Power to compound offence

Section 55 — Cognizance of offences

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person accused of an offence punishable under this Act, shall be released on bail unless— (a) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (b) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that the accused is not likely to commit any offence while on bail. (3) The offences under this Act, shall be triable by the Court of Sessions of the respective jurisdiction.” [Vide Assam Act 31 of 2010, s. Attempts and abetment.—Whoever attempts to contravene, or abets the contravention of, any of the provisions of this Act or of any rule or order made thereunder shall be deemed to have contravened that provision or rule or order, as the case may be. Punishment for wrongful seizure.—If any person, exercising powers under this Act, vexatiously and unnecessarily seizes the property of any other person on the pretence of seizing it for the reasons mentioned in section 50 he shall, on conviction, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. Power to compound offence.—(1) The Central Government may, by notification, empower the Director of Wild Life Preservation or any other officer not below the rank of Assistant Director of Wild Life Preservation and in the case of a State Government in the similar manner, empower the Chief Wild Life Warden or any officer of a rank not below the rank of a Deputy Conservator of Forests, to accept from any person against whom a reasonable suspicion exists that he has committed an offence against this Act, payment of a sum of money by way of composition of the offence which such person is suspected to have committed. (2) On payment of such sum of money to such officer, the suspected person, if in custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person. (3) The officer compounding any offence may order the cancellation of any licence or permit granted under this Act to the offender, or if not empowered to do so, may approach an officer so empowered, for the cancellation of such licence or permit. (4) The sum of money accepted or agreed to be accepted as composition under sub-section (1) shall, 2 in no case, exceed the sum of [five lakh rupees]: Provided that no offence, for which a minimum period of imprisonment has been prescribed in section 51, shall be compounded.] 3 [55. Cognizance of offences.—No court shall take cognizance of any offence against this Act on the complaint of any person other than— (a) the Director of Wild Life Preservation or any other officer authorised in this behalf by the Central Government; or 4 [(aa) the Member-Secretary, Central Zoo Authority in matters relating to violation of the provisions of Chapter IVA; or] 5 [(ab) Member-Secretary, Tiger Conservation Authority; or (ac) Director of the concerned tiger reserve; or] 1. 34, for “twenty-five thousand rupees” (w.e.f.

[(ad) the Management Authority or any officer, including an officer of the Wild Life Crime

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Section 56 — Operation of other laws not barred

Section 57 — Presumption to be made in certain cases

Section 58 — Offences by Companies

Section 58A — Application

1 [(ad) the Management Authority or any officer, including an officer of the Wild Life Crime Control Bureau, authorised in this behalf by the Central Government; or] (b) the Chief Wild Life Warden, or any other officer authorised in this behalf by the State 2 Government [subject to such conditions as may be specified by that Government]; or 5 [(bb) the officer-in-charge of the zoo in respect of violation of provisions of section 38J; or] (c) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the State Government or the officer authorised as aforesaid.] 56. Operation of other laws not barred.—Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for the time being in force, for any act or omission which constitutes an offence against this Act or from being liable under such other law to any higher punishment or penalty than that provided by this Act: Provided that no person shall be punished twice for the same offence. Presumption to be made in certain cases.—Where, in any prosecution for an offence against 3 this Act, it is established that a person is in possession, custody or control of any [wild animal, captive 4 5 animal], animal article, meat, [trophy, uncured trophy, specified plant, or part or derivative thereof [or scheduled specimen]] it shall be presumed, until the contrary is proved, the burden of proving which shall 3 lie on the accused, that such person is in unlawful possession, custody or control of such [wild animal, 4 captive animal], animal article, meat, [trophy, uncured trophy, specified plant, or part or derivative 5 thereof [or scheduled specimen].] 58. Offences by Companies.—(1) Where an offence against this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence against this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section,— (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. 6 [CHAPTER VIA FORFEITURE OF PROPERTY DERIVED FROM ILLEGAL HUNTING AND TRADE 58A.

(a) every person who has been convicted of an offence punishable under this Act with

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Section 58B — Definitions

(a) every person who has been convicted of an offence punishable under this Act with imprisonment for a term of three years or more; (b) every associate of a person referred to in clause (a); (c) any holder (hereafter in this clause referred to as the present holder) of any property which was at any time previously held by a person referred to in clause (a) or clause (b) unless the present holder or, as the case may be, any one who held such property after such person and before the present holder, is or was a transferee in good faith for adequate consideration. Definitions.—In this Chapter, unless the context otherwise requires,— (a) “Appellate Tribunal” means the Appellate Tribunal for Forfeited Property constituted under section 58N; (b) “associate” in relation to a person whose property is liable to be forfeited under this Chapter, includes— (i) any individual who had been or is managing the affairs or keeping the accounts of such person; (ii) any association of persons, body of individuals, partnership firm or private company within the meaning of the Companies Act, 1956 (1 of 1956) of which such person had been or is a member, partner or director; (iii) any individual who had been or is a member, partner or director of an association of persons, body of individuals, partnership firm or private company referred to in sub-clause (ii) at any time when such person had been or is a member, partner or director of such association, body, partnership firm or private company; (iv) any person, who had been or is managing the affairs, or keeping the accounts of any association of persons, body of individuals, partnership firm or private company referred to in sub-clause (iii); (v) the trustee of any trust, where,— (1) the trust has been created by such person; or (2) the value of the assets contributed by such person (including the value of the assets, if any, contributed by him earlier) to the trust amounts on the date on which contribution is made, to not less than twenty per cent.of the value of the assets of the trust on that date; (vi) where the competent authority, for reasons to be recorded in writing, considers that any properties of such person are held on his behalf by any other person, such other person; (c) “competent authority” means an officer authorised under section 58D; (d) “concealment” means the concealment or disguise of the nature, source, disposition, movement or ownership of property and includes the movement or conversion of such property by electronic transmission or by any other means; (e) “freezing” means temporarily prohibiting the transfer, conversion, disposition or movement of property by an order issued under section 58F; (f) “identifying” includes establishment of proof that the property was derived from, or used in, the illegal hunting and trade of wild life and its products; (g) “illegally acquired property” in relation to any person to whom this Chapter applies, means,— (i) any property acquired by such person, wholly or partly out of or by means of any income, earnings or assets derived or obtained from or attributable to illegal hunting and trade of wild life and its products and derivatives; 53

(ii) any property acquired by such person, for a consideration or by any means, wholly or

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Section 58C — Prohibition of holding illegally acquired property

Section 58D — Competent authority

Section 58E — Identifying illegally acquired property

(ii) any property acquired by such person, for a consideration or by any means, wholly or partly traceable to any property referred to in sub-clause (i) or the income or earning from such property, and includes— (A) any property held by such person which would have been, in relation to any previous holder thereof, illegally acquired property under this clause if such previous holder had not ceased to hold it, unless such person or any other person who held the property at any time after such previous holder or, where there are two or more such previous holders, the last of such previous holders is or was a transferee in good faith for adequate consideration; (B) any property acquired by such person, for a consideration, or by any means, wholly or partly traceable to any property falling under item (A), or the income or earnings therefrom; (h) “property” means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, derived from the illegal hunting and trade of wild life and its products; (i) “relative” means— (1) spouse of the person; (2) brother or sister of the person; (3) brother or sister of the spouse of the person; (4) any lineal ascendant or descendant of the person; (5) any lineal ascendant or descendant of the spouse of the person; (6) spouse of a person referred to in sub-clause (2), sub-clause (3), sub-clause (4) or sub-clause (5); (7) any lineal descendant of a person referred to in sub-clause (2) or sub-clause (3); (j) “tracing” means determining the nature, source, disposition, movement, title or ownership of property; (k) “trust” includes any other legal obligation. Prohibition of holding illegally acquired property.—(1) From the date of commencement of this Chapter, it shall not be lawful for any person to whom this Chapter applies to hold any illegally acquired property either by himself or through any other person on his behalf. (2) Where any person holds such property in contravention of the provisions of sub-section (1), such property shall be liable to be forfeited to the State Government concerned in accordance with the provisions of this Chapter: Provided that no property shall be forfeited under this Chapter if such property was acquired by a person to whom this Act applies before a period of six years from the date on which he was charged for an offence relating to illegal hunting and trade of wild life and its products. Competent authority.—The State Government may, by order published in the Official Gazette, authorise any officer not below the rank of Chief Conservator of Forests to perform the functions of the competent authority under this Chapter in respect of such persons or classes of persons as the State Government may, direct. Identifying illegally acquired property.—(1) An officer not below the rank of Deputy Inspector General of Police duly authorised by the Central Government or as the case may be, the State Government, shall, on receipt of a complaint from the competent authority about any person having illegally acquired property, proceed to take all steps necessary for tracing and identifying any property illegally acquired by such person.

(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect

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Section 58F — Seizure or freezing of illegally acquired property

Section 58G — Management of properties seized or forfeited under this Chapter

Section 58H — Notice of forfeiture of property

(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or financial institution or any other relevant step as may be necessary. (3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions or guidelines as the competent authority may make or issue in this behalf. Seizure or freezing of illegally acquired property.—(1) Where any officer conducting an inquiry or investigation under section 58E has reason to believe that any property in relation to which such inquiry or investigation is being conducted is an illegally acquired property and such property is likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceeding relating to forfeiture of such property under this Chapter, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, or of the competent authority and a copy of such order shall be served on the person concerned: Provided that a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made. (2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the competent authority within a period of thirty days of its being made. Explanation.—For the purposes of this section, “transfer of property” means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes— (a) the creation of a trust in property; (b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property; (c) the exercise of a power of appointment, of property vested in any person not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and (d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person. Management of properties seized or forfeited under this Chapter.—(1) The State Government may, by order published in the Official Gazette, appoint as many of its officers (not below the rank of Conservator of Forests) as it thinks fit, to perform the functions of an Administrator. (2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which an order has been made under sub-section (1) of section 58F or under section 58-I in such manner and subject to such conditions as may be prescribed. (3) The Administrator shall also take such measures as the State Government may direct, to dispose of the property which is forfeited to the State Government. Notice of forfeiture of property.—(1) If having regard to the value of the properties held by any person to whom this Chapter applies, either by himself or through any other person on his behalf, his known sources of income, earnings or assets, and any other information or material available to it as a result of a report from any officer making an investigation under section 58E or otherwise, the competent authority for reasons to be recorded in writing believes that all or any of such properties are illegally acquired properties, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to show cause why all or any of such properties, as the case may be, should not be declared to be illegally acquired properties and forfeited to the State Government under this Chapter and in support of his case indicate the sources of his income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars.

(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf

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Section 58J — Burden of proof

Section 58K — Fine in lieu of forfeiture

Section 58L — Procedure in relation to certain trust properties

(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person. Forfeiture of property in certain cases.—(1) The competent authority may, after considering the explanation, if any, to the show cause notice issued under section 58H, and the materials available before it and after giving to the person affected and in a case where the person affected holds any property specified in the notice through any other person, to such other person, also a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties: Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person, such other person also), does not appear before the competent authority or represent his case before it within a period of thirty days specified in the show cause notice, the competent authority may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it. (2) Where the competent authority is satisfied that some of the properties referred to in the show cause notice are illegally acquired properties but is not able to identify specifically such properties, then, it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under sub-section (1) within a period of ninety days. (3) Where the competent authority records a finding under this section to the effect that any property is illegally acquired property, it shall declare that such property shall, subject to the provisions of this Chapter stand forfeited to the State Government free from all encumbrances. (4) In case the person affected establishes that the property specified in the notice issued under section 58H is not an illegally acquired property and therefore not liable to be forfeited under the Act, the said notice shall be withdrawn and the property shall be released forthwith. (5) Where any shares in a company stand forfeited to the State Government under this Chapter, the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956) or the article of association of the company, forthwith register the State Government as the transferee of such shares. Burden of proof.—In any proceedings under this Chapter, the burden of proving that any property specified in the notice served under section 58H is not illegally acquired property shall be on the person affected. Fine in lieu of forfeiture.—(1) Where the competent authority makes a declaration that any property stands forfeited to the State Government under section 58-I and it is a case where the source of only a part of the illegally acquired property has not been proved to the satisfaction of the competent authority, it shall make an order giving option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. (2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard. (3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the competent authority may, by order revoke the declaration of forfeiture under section 58-I and thereupon such property shall stand released. Procedure in relation to certain trust properties.—In the case of any person referred to in sub-clause (vi) of clause (b) of section 58B, if the competent authority, on the basis of the information and materials available to it, for reasons to be recorded in writing believes that any property held in trust is illegally acquired property, it may serve a notice upon the author of the trust, or as the case may be, the contributor of the assets out of or by means of which such property was acquired by the trust and the trustees, calling upon them within a period of thirty days specified in the notice, to explain the source of money or other assets out of or by means of which such property was acquired or, as the case may be, the source of money or other assets which were contributed to the trust for acquiring such property and 56

thereupon such notice shall be deemed to be a notice served under section 58H and all the other

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Section 58M — Certain transfers to be null and void

Section 58N — Constitution of Appellate Tribunal

Section 58P — Notice or order not to be invalid for error in description

Section 58Q — Bar of jurisdiction

thereupon such notice shall be deemed to be a notice served under section 58H and all the other provisions of this Chapter shall apply accordingly. Explanation.—For the purposes of this section “illegally acquired property” in relation to any property held in trust, includes— (i) any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust would have been illegally acquired property in relation to such author or contributor; (ii) any property acquired by the trust out of any contributions made by any person which would have been illegally acquired property in relation to such person had such person acquired such property out of such contributions. Certain transfers to be null and void.—Where after the making of an order under sub-section (1) of section 58F or the issue of a notice under section 58H or under section 58L, any property referred to in the said order or notice is transferred by any mode whatsoever, such transfer shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the State Government under section 58-I, then, the transfer of such property shall be deemed to be null and void. Constitution of Appellate Tribunal.—(1) The State Government may, by notification in the Official Gazette, constitute an Appellate Tribunal to be called the Appellate Tribunal for Forfeited Property consisting of a Chairman, and such number of other members (being officers of the State Government not below the rank of a Principal Secretary to the Government), as the State Government thinks fit, to be appointed by that Government for hearing appeals against the orders made under section 58F, section 58-I, sub-section (1) of section 58K or section 58L. (2) The Chairman of the Appellate Tribunal shall be a person who is or has been or is qualified to be a Judge of a High Court. (3) The terms and conditions of service of the Chairman and other members shall be such as may be prescribed. Appeals.—(1) Any person aggrieved by an order of the competent authority made under section 58F, section 58-I, sub-section (1) of section 58K or section 58L may, within forty-five days from the date on which the order is served on him prefer an appeal to the Appellate Tribunal: Provided that the Appellate Tribunal may entertain an appeal after the said period of forty-five days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving an opportunity of being heard to the appellant, if he so desires, and after making such further inquiry as it deems fit, confirm, modify or set aside the order appealed against. (3) The Appellate Tribunal may regulate its own procedure. (4) On application to the Appellate Tribunal and on payment of the prescribed fee, the Appellate Tribunal may allow a party to any appeal or any person authorised in this behalf by such party to inspect at any time during office hours, any relevant records and registers of the Appellate Tribunal and obtain a certified copy or any part thereof. Notice or order not to be invalid for error in description.—No notice issued or served, no declaration made, and no order passed under this Chapter shall be deemed to be invalid by reason of any error in the description of the property or person mentioned therein if such property or person is identifiable from the description so mentioned.

determine, and no injunction shall be granted by any court or other authority in respect of any action

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Section 58R — Competent Authority and Appellate Tribunal to have powers of civil court

Section 58S — Information to competent authority

Section 58T — Certain officers to assist Administrator, competent authority and Appellate Tribunal

Section 58U — Power to take possession

Section 58V — Rectification of mistakes

determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Chapter. Competent Authority and Appellate Tribunal to have powers of civil court.—The competent authority and the Appellate Tribunal shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for examination of witnesses or documents; (f) any other matter which may be prescribed. Information to competent authority.—(1) Notwithstanding anything contained in any other law for the time being in force, the competent authority shall have power to require any officer or authority of the Central Government or a State Government or a local authority to furnish information in relation to such persons, on points or matters as in the opinion of the competent authority will be useful for, or relevant to, the purposes of this Chapter. (2) Every officer referred to in section 58T may furnish suo motu any information available with him to the competent authority if in the opinion of the officer such information will be useful to the competent authority for the purposes of this Chapter. Certain officers to assist Administrator, competent authority and Appellate Tribunal.— For the purposes of any proceedings under this Chapter, the following officers shall render such assistance as may be necessary to the Administrator appointed under section 58G, competent authority and the Appellate Tribunal, namely:— (a) officers of Police; (b) officers of the State Forest Departments; (c) officers of the Central Economic Intelligence Bureau; (d) officers of the Directorate of Revenue Intelligence; (e) such other officers as specified by the State Government in this behalf by notification in the Official Gazette. Power to take possession.—(1) Where any property has been declared to be forfeited to the State Government under this Chapter, or where the person affected has failed to pay the fine due under sub-section (1) of section 58K within the time allowed therefor under sub-section (3) of that section, the competent authority may order the person affected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the Administrator appointed under section 58G or to any person duly authorised by him in this behalf within thirty days of the service of the order. (2) If any person refuses or fails to comply with an order made under sub-section (1), the Administrator may take possession of the property and may for that purpose use such force as may be necessary. (3) Notwithstanding anything contained in sub-section (2), the Administrator may, for the purpose of taking possession of any property referred to in sub-section (1) requisition the services of any police officer to assist him and it shall be the duty of such officer to comply with such requisition. Rectification of mistakes.—With a view to rectifying any mistake apparent from record, the competent authority or the Appellate Tribunal, as the case may be, may amend any order made by it within a period of one year from the date of the order: 58

Provided that if any such amendment is likely to affect any person prejudicially and the mistake is not

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Section 58W — Findings under other laws not conclusive for proceedings under this Chapter

Section 58X — Service of notices and orders

Section 58Y — Punishment for acquiring property in relation to which proceedings have been taken under this Chapter

Section 59 — Officers to be public servants

Section 60 — Protection of action taken in good faith

Section 60A — Reward to persons

Provided that if any such amendment is likely to affect any person prejudicially and the mistake is not of a clerical nature, it shall not be made without giving to such person a reasonable opportunity of being heard. Service of notices and orders.—Any notice or order issued or made under this Chapter shall be served,— (a) by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent; (b) if the notice or order cannot be served in the manner provided in clause (a), then, by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain. 58Y.Punishment for acquiring property in relation to which proceedings have been taken under this Chapter.—Any person who knowingly acquires, by any mode whatsoever, any property in relation to which proceedings are pending under this Chapter shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to fifty thousand rupees.] CHAPTER VII MISCELLANEOUS 1 59. Protection of action taken in good faith.—(1) No-suit, prosecution or other legal proceeding shall lie against any officer or other employee of the Central Government or the State Government for anything which is in good faith done or intended to be done under this Act. (2) No suit or other legal proceeding shall lie against the Central Government or the State Government or any of its officers or other employees for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act. Reward to persons.—(1) When a court imposes a sentence of fine or a sentence of which fine forms a part, the Court may, when passing judgment, order that the reward be paid to a person who renders assistance in the detection of the offence or the apprehension of the offenders out of the proceeds 6 of fine not exceeding [fifty per cent. of such fine]. (2) Where a case is compounded under Sec. 54, the officer compounding may order reward to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offenders out 6 of the sum of money accepted by way of composition not exceeding [fifty per cent. of such money].] 1.

[60B. Reward by State Government.—The State Government may empower the Chief Wild Life

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Section 60B — Reward by State Government

Section 61 — Power to alter entries in Schedules

Section 62 — Declaration of certain wild animals to be vermin

Section 62A — Regulation or prohibition of import, etc., of invasive alien species

Section 62B — Power to issue directions

Section 63 — Power of Central Government to make rules

Reward by State Government.—The State Government may empower the Chief Wild Life Warden to order payment of reward not exceeding ten thousand rupees to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offender, from such fund and in such manner as may be prescribed.] 61. Power to alter entries in Schedules.—(1) The Central Government may, if it is of opinion that it 2 3 is expedient so to do, by notification, [ [amend any Schedule or add] or delete any entry to or from any Schedule] or transfer any entry from one Part of a Schedule to another Part of the same Schedule or from one Schedule to another. 6 * * * * * Provided that any such alteration made by the State Government, if it has been made with the previous consent of the Central Government, shall prevail in that State: Provided further that nothing in the foregoing proviso shall prevent the Central Government from modifying or cancelling, at any time, the alteration made by the State Government. Declaration of certain wild animals to be vermin.— [The Central Government] may, by 8 notification, declare any wild animal [specified in Schedule II] to be vermin for any area and for such period as may be specified therein and so long as such notification is in force, such wild animal shall be 9 [deemed not to be included in Schedule II for such area and for such period as specified in the notification]. Regulation or prohibition of import, etc., of invasive alien species.—(1) The Central Government may, by notification, regulate or prohibit the import, trade, possession or proliferation of invasive alien species which pose a threat to the wild life or habitat in India. (2) The Central Government may authorise the Director or any other officer to seize and dispose of, including through destruction, the species referred to in the notification issued under sub-section (1). Power to issue directions.—Notwithstanding any other provision of this Act, the Central Government may call for any information or report from a State Government or any such other agency or body or issue any direction to a State Government or any such other agency or body for effective implementation of the provisions of the Act for the protection, conservation and management of wild life in the country.] 11 63.

[(ai) the term of office of members other than those who are members ex officio; the manner of

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1 [(ai) the term of office of members other than those who are members ex officio; the manner of filling vacancies, the procedure to be followed by the National Board under sub-section (2) and allowances of those members under sub-section (3) of section 5A;] 2 [(aa) the matters to be prescribed under clause (b) of sub-section (4) of section 44;] (b) the salaries, allowances and other conditions of appointment of chairperson, members and member-secretary under sub-section (5) of section 38B; (c) the terms and conditions of service of the officers and other employees of the Central Zoo Authority under sub-section (7) of section 38B; (d) the form in which the annual statement of accounts of the Central Zoo Authority shall be prepared under sub-section (4) of section 38E; (e) the form in which and the time at which the annual report of the Central Zoo Authority shall be prepared under section 38F; (f) the form in which and the fee required to be paid with the application for recognition of a zoo under sub-section (2) of section 38H; (g) the standards, norms and other matters to be considered for granting recognition under sub-section (4) of section 38H; 3 [(gi) qualifications and experience of experts or professionals under clause (d) of sub-section (2) of section 38-1; (gii) the salaries and allowances and other conditions of appointment of the members under sub-section (4) of section 38M; (giii) the terms and conditions of service of the officers and other employees of the Tiger Conservation Authority under sub-section (2) of section 38N; (giv) the form in which the annual statement of accounts of Tiger Conservation Authority shall be prepared under sub-section (1) of section 38R; (gv) the form in which and the time at which the annual report of Tiger Conservation Authority shall be prepared under section 38S; (gvi) other powers of the Wild Life Crime Control Bureau under clause (ii) of sub-section (2) of section 38Z.] 4 [(gvii) the manner of disposal of Government property under sub-section (5) of section 39; (gviii) the terms and conditions of a transfer or transport of a captive elephant by a person having a valid certificate of ownership for a religious or any other purpose under the proviso to sub-section (2) of section 43;] (h) the form in which declaration shall be made under sub-section (2) of section 44; (i) the matters to be prescribed under Cl. (b) of sub-section (4) of section 44; (j) the terms and conditions which shall govern transaction referred to in clause (b) of section 48; 5 [(ji) the terms and conditions of service including salaries and allowances for appointment of the officers and employees of the Management Authority under sub-section (4) of section 49E; (jii) the conditions and procedures subject to which any exemption provided for in Article VII of the Convention may be availed under sub-section (2) of section 49H; 1.

(jiii) the reporting of details of scheduled specimens and the transaction as per

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Section 64 — Power of State Government to make rules

(jiii) the reporting of details of scheduled specimens and the transaction as per sub-section (3) of section 49H; (jiv) the form and manner of application, the fee payable, the conditions and the procedure to be followed under sub-section (5) of section 49H; (jv) the matters provided for in sub-sections (8) and (9) of section 49M; (jvi) the form and manner of the application, the fee payable, the form of licence and the procedure to be followed in granting or cancelling a licence as per sub-section (2) of section 49N; (jvii) the fee payable for renewal of licence as per sub-section (3), and manner of making appeal under sub-section (4), of section 49-O; (jviii) any other matter for proper implementation of the Convention as may be required under Chapter VB;] (k) the manner in which notice may be given by a person under clause (c) of section 55; (1) the matters specified in sub-section (2) of section 64 in so far as they relate to sanctuaries and National Parks declared by the Central Government.] (2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Power of State Government to make rules.—(1) The State Government may, by notification, make rules for carrying out the provisions of this Act in respect of matters which do not fall within the purview of section 63. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— 1 [(a) the term of office of members other than those who are members, ex officio, the manner of filling vacancies and the procedure to be followed by the Board under sub-section (2) of section 6; (b) allowances referred to in sub-section (3) of section 6;] (c)the forms to be used for any application, certificate, claim,declaration, licence, permit, registration, return, or other document, made, granted, or submitted under the provisions of this Act and the fees, if any, therefor; (d) the conditions subject to which any licence or permit may be granted under this Act; 2 [(dd) the conditions subject to which the officers will be authorised to file cases in the court;] (e)the particulars of the record of wild animals (captured or killed) to be kept and submitted by the licensee; 3 [(ee) the manner in which measures for immunisation of live-stock shall be taken;] (f) regulation of the possession, transfer and the sale of captive animals, meat, animal articles, trophies and uncured trophies; (g) regulation of taxidermy; 1. 38, for clauses (a) and (b) (w.e.f.

[(ga) the manner and conditions subject to which the Administrator shall receive and manage the

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Section 65 — Rights of Scheduled Tribes to be protected

Section 66 — Repeal and savings

1 [(ga) the manner and conditions subject to which the Administrator shall receive and manage the property under sub-section (2) of section 58G; (gb) the terms and conditions of service of the Chairman and other members under sub-section (3) of section 58N; (gc) the fund from which and the manner in which payment of reward under section 60B shall be made;] (h) any other matter which has to be, or may be, prescribed under this Act. Rights of Scheduled Tribes to be protected.—Nothing in this Act shall affect the hunting rights conferred on the Scheduled Tribes of the Nicobar Islands in the Union territory of Andaman and Nicobar Islands by notification of the Andaman and Nicobar Administration, No. III, dated the 28th April, 1967, published at pages 1 to 5 of the Extraordinary issue of the Andaman and Nicobar Gazette, dated the 28th April, 1967. Repeal and savings.—(1) As from the commencement of this Act, every other Act relating to any matter contained in this Act and in force in a State shall, to the extent to which that Act or any provision contained therein corresponds, or is repugnant, to this Act or any provision contained in this Act, stand repealed: Provided that such repeal shall not,— (i) affect the previous operation of the Act so repealed, or anything duly done or suffered thereunder; (ii) affect any right, privilege, obligation or liability, acquired, accrued or incurred under the Act so repealed; (iii) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or (iv) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture and. Punishment may be imposed, as if the aforesaid Act had not been repealed. (2) Notwithstanding such repeal,— (a) anything done or any action taken under the Act so repealed, (including any notification, order, certificate, notice or receipt issued, application made, or permit granted) which is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act as, if this Act were in force at the time such thing was done or action was taken, and shall continue to be in force, unless and until superseded by anything done or any action taken under this Act; (b) every licence granted under any Act so repealed and in force immediately before the commencement of this Act shall be deemed to have been granted under the corresponding provisions of this Act and shall, subject to the provisions of this Act, continue to be in force for the unexpired portion. of the period for which such licence had been granted. (3) For the removal of doubts, it is hereby declared that any sanctuary or National Park declared by a State Government under any Act repealed under sub-section (1) shall be deemed to be a sanctuary or National Park, as, the case may be, declared by the State Government under this Act and where any right in or over any land in any such National Park which had not been extinguished under the said Act, at or before the commencement of this Act, the extinguishment of such rights shall be made in accordance with the provisions of this Act.

[(4) For the removal of doubts, it is hereby further declared that where any proceeding under any

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1 [(4) For the removal of doubts, it is hereby further declared that where any proceeding under any provision of section 19 to 25 (both inclusive) is pending on the date of commencement of the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), any reserve forest or a part of territorial waters comprised within a sanctuary declared under section 18 to be a sanctuary before the date of such commencement shall be deemed to be a sanctuary declared under section.

[SCHEDULE — I

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1 [SCHEDULE — I (See sections 9, 11, 12, 38-I, 39, 40, 40A, 41, 42, 42A, 43, 48, 48A, 50, 51, 51A and 57 and Chapter V-A) PART A: MAMMALS Sl. Common name Scientific name ANTELOPES 1. Chinkara/Indian Gazelle Gazella bennettii 3. Four-horned Antelope Tetracerus quadricornis 4. Tibetan Antelope Pantholops hodgsonii 5. Tibetan Gazelle Procapra picticaudata BADGERS 6.

11. Leafletted Leaf-nosed Bat/Kolar Leaf-nosed Bat Hipposideros

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Leafletted Leaf-nosed Bat/Kolar Leaf-nosed Bat Hipposideros hypophyllus 12. Nicobar Flying Fox Pteropus faunulus 13. Salim Ali's Fruit Bat Latidens salimalii 14. Wroughton's Free tailed Bat Otomops wroughtoni BEARS 15. Asiatic Black Bear Ursus thibetanus 16. Sloth Bear Melursus ursinus BINTURONG 19.

36. Caracal Caracal caracal

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Clouded Leopard Neofelis nebulosi 39. Fishing Cat Prionailurus viverrinus 42. Leopard Cat Prionailurus bengalensis 45. Marbled Cat Pardofelis marmorata 46. Rusty Spotted Cat Prionailurus rubiginosus 48. Asian Palm Civet Paradoxurus hermaphroditus 51.

DOLPHINS

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Fraser's Dolphin Lagenodelphis hosei 71. Gangetic/South Asian River Dolphin Platanista gangetica 72. Indo-Pacific Bottlenose Dolphin Tursiops aduncus 73 Indo-Pacific hump-back Dolphin Sousa chinensis 74. Indus River Dolphin Platanista minor 75. Irrawady Dolphin Orcaella brevirostris 76. Pantropical Spinner Dolphin Stenella longirostris 77.

90. Spotted Linsang Prionodon pardicolor

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Spotted Linsang Prionodon pardicolor MARMOTS 91. Himalayan Marmot Marmota himalayana 92. Long-tailed Marmot Marmota caudata MARTENS 93. Nilgiri Marten Martes gwatkinsii 94. Stone/Beech Marten Maries foina 95. Himalayan Yellow-throated Marten Martes flavigula MONGOOSES 96.

112. Ranjini's Rat Rattus ranjiniae

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Ranjini's Rat Rattus ranjiniae PANGOLINS 113. Indian Pangolin Manis crassicaudata 114. Chinese Pangolin Manis pentadactyla PIG 115. Andaman Wild Pig Sus scrofa andamanensis PIKA 116. Royle's Pika Ochotona roylei PORPOISE 117. Finless Porpoise Neophocaena phocaenoides PORCUPINES 118.

135. Northern Pig-tailed Macaque Macaca leonine

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Northern Pig-tailed Macaque Macaca leonine 136. Phayre's Leaf Monkey Trachypithecus phayrei 137. Stump-tailed macaque Macaca arctoides 139. Tarai Gray Langur Semnopithecus hector 140. Tufted Gray Langur Semnopithecus priam 141. White-cheeked Macaque Macaca leucogenys RED PANDA 142.

TREESHREWS

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Nicobar Treeshrew Tupaia nicobarica WHALES 158. Common Minke Whale Balaenoptera acutorostrata 159. Sei Whale Balaenoptera borealis 160. Bryde's Whale Balaenoptera edeni 161. Blue Whale Balaenoptera musculus 162. Fin Whale Balaenoptera physalus 163.

PART B: BIRDS

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Common name Scientific name BARN OWLS 1. Andaman Barn Owl Tyto deroepstorffi 2. Common Barn Owl Tyto alba BITTERNS, HERONS AND EGRETS 3. Cinnamon Bittern Ixobrychus cinnamomeus 4. White-bellied Heron Ardea insignis 5. White-eared Night Heron GorsachiusGorsachius magnificus magnificus BUNTINGS 6.

17. Common Crane Grus grus

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Siberian Crane Leucogeranus leucogeranus CROWS AND ALLIES 22. Andaman Treepie Dendrocitta bayleii DUCKS, GEESE, AND SWANS 23. Cotton Pygmy Goose Nettapus coromandelianus 27. Fulvous Whistling Duck Dendrocygna bicolor 28. Marbled Teal Marmaronetta angustirostris 29. Pink-headed Duck Rhodonessa caryophyllacea 30.

43. White-bellied Sholakili Sholicola albiventris

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White-bellied Sholakili Sholicola albiventris FRIGATEBIRDS 44. Christmas Island Frigatebird Fregata andrewsi FROGMOUTHS 45. Hodgson's Frogmouth Batrachostomus hodgsoni 46. Sri Lanka Frogmouth Batrachostomus moniliger GULLS AND TERNS 47. Black-bellied Tern Sterna acuticauda 48. Gull-billed Tern Gelochelidon nilotica 49.

63. Bearded Vulture Gypaetus barbatus

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Bearded Vulture Gypaetus barbatus 64. Black Eagle Ictinaetus malaiensis 67. Cinereous Vulture Aegypius monachus 73. Egyptian Vulture Neophron percnopterus 79. Himalayan Vulture Gyps himalayensis 88. Red-headed Vulture Sarcogyps calvus 76

104. Rufous-bellied Eagle Lophotriorchis kienerii

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Rufous-bellied Eagle Lophotriorchis kienerii 105. Short-toed Snake Eagle Circaetus gallicus 107. Slender-billed Vulture Gyps tenuirostris 108. Steppe Eagle Aquila nipalensis 109. White-bellied Sea Eagle Haliaeetus leucogaster 113. White-tailei Sea Eagle Haliaeetus albicilla LAUGIDNGTHRUSHES AND LARGE BABBLERS 116.

134. Small Minivet Pericrocotus

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Small Minivet Pericrocotus cinnamomeus MUNIAS 135. Green Munia Amandava Formosa NUTHATCHES 136. Beautiful Nuthatch Sitta formosa OSPREY 137. Ketupa zeylonensis Brown Fish Owl 139. Strix leptogrammica Brown Wood Owl 140. Bubo bengalensis Indian Eagle Owl 144.

153. Blyth's Tragopan Tragopan blythii

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Blyth's Tragopan Tragopan blythii 154. Cheer Pheasant Catretts wallichii 155. Chestnut-breasted Partridge Arborophila mandellii 156. Satyr Tragopan Tragopan satyra 167. Temminck's Tragopan Tragopan temminckii 170. Western Tragopan Tragopan melanocephalus PIGEONS AND DOVES 174.

183. Common Greenshank. Tringa nebularia

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Great Knot Calidris tenuirostris 185. Spoon-billed Sandpiper Calidris pygmaea 186. Wood Snipe Gallinago nemoricola SCIMITAR BABBLERS AND ALLIES 187. Mishmi Wren Babbler Spelaeornis badeigularis 188. Naga Wren Babbler Spelaeornis chocolatinus SMALL BABBLERS, FULVETTAS AND ALLIES 189. Common Hill Myna Gracula religiosa 193.

202. Ward's Trogon Harpactes wardi

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Ward's Trogon Harpactes wardi TITS 203. White-naped Tit Machlolophus nuchalis WEAVERS 204. Finn's Weaver Ploceus megarhynchus WOODPECKERS AND ALLIES 205. Andaman Woodpecker Dryocopus hodgei 206. Great Slaty Woodpecker M ulleripicus pulverulentus 207. Heart-spotted Woodpecker Hemicircus canente 208.

13. Nicobar Gliding Gecko Gekko nicobarensis

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Indian Golden Gecko Calodactylodes aureus 11. Jeypore Ground Gecko Cyrtodactylus jeyporensis 12. Nicobar Gliding Gecko Gekko nicobarensis 14. Smith's Green-eyed Gecko Gekko smithii 16. Smooth-backed Gliding Gecko Gekko lionotum 17. Tokay Gecko Gekko gecko KING COBRA 18..

33. Arnboina Box Turtle Cuora amboinensis

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Arnboina Box Turtle Cuora amboinensis 34. Asian Giant Softshell Turtle Pelochelys cantorii 35. Asiatic Softshell Turtle Amyda cartilaginea 37. Assam Roofed Turtle Pangshura sylhetensis_ 38. Black Softshell Turtle Nilssonia nigricans 39. Keeled box Turtle Cuora mouhotii 51.

PART E: F I S H E S

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Common Names Scientific Name GROUPER 1. Giant Grouper Epinephelus lanceolatus SEAHORSES 2. Seahorses and Pipefishes All species in the Famil y Syngnathidae RAYS 3. Bottlenose Wedgefish Rhynchobatus australiae 4. Bowmouth Guitarfish Rhina ancylostoma 5. Whale Shark Rhincodon typus PART F: ECHINODERMATA 84

No. Common Name Scientific Name

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Sea Cucumber All species of the Class Holothuroidea PART G: MOLLUSCA No. Common Name Scientific Name CLAMS 1. Auted Giant Clam Tridacna squamosa 2. Horse's Hoof Clam Hippopus hippopus 3. Small Giant Clam Tridacna maxima CONES 4. Glory of India Conus milneedwardsi HELMET SHELLS 5.

No. Common Name Scientific Name

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Coconut or Robber Crab Birgus latro PART I: BUTTERFLIES (LEPIDOPTERA) No. Common name Scientific name Family Lycaenidae 1. Andaman Tailless Arhopala zeta Oakblue 2. Broad banded Simiskina phalena Brilliant 4. Cachar Mandarine Charana cepheis Blue 5. Chapman's Hedge Notarthrinus binghami Blue 6.

27. Andaman King Crow Euploea midamus roepstorffi

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Andaman King Crow Euploea midamus roepstorffi 28. Bhutan Treebrown Lethe margaritae 32. Blue Begam Prothoe franck regalis 34. Camberwell Beauty Nymphalis antiopa yedanula 38. Chestnut Rajah Charaxes dumfordi 39. Spotted Black Crow Euploea crameri 87

71. Tawny Emperor Chitoria ulupi

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Tytler' s Emperor Eulaceura manipurensis 73. Tytler's Treebrown Lethe gemina 74. White Spot Fritilliary Argynnis hegmone Family Papilionidae 76. Banded Apollo Parnassius delphius 77. Chinese Windmill Byasa plutonius 79. Common Clubtail Losaria coon 80. de Niceville's Byasa polla Windmill 81.

No. Common name Scientific name

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Black Coral All species of the Order Antipatharia 2. Blue Coral All species from the following Families in the Order Helioporacea: Aulopsammiidae, Helioporidae, and Lithotelestidae 3. False Corals All species of the Order Corallimorpharia 4. Fire Coral All species of the Genus Millepora 5. Organ Pipe Coral Tubipora musica 6. Sea Anemones All species from the following Families in the Order Actiniaria: Actinernidae, Halcuriidae, and Edwardsiidae 7.

SCHEDULE II

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SCHEDULE II (See Sections 9, 11, 12, 38-1, 39, 44, 45, 46, 47, 48, 48A, 49, 50, 51, 54 and 57) PART A: MAMMALS No. Common Name Scientific Name ANTELOPE 1. Nilgai Boselaphus tragocamelus BADGERS 2. Burmese/Large toothed Ferret Badger Melogale personal a 3. Chinese/Small-toothed Ferret Badger Melogale moschata BATS 4. Cetacean species All species of the Infraorder Cetacea other than those listed in Schedule I DEER 11.

17. Indian Long-eared Hedgehog Hemiechinus collaris

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Indian Long-eared Hedgehog Hemiechinus collaris OTHER RODENTS 18. Car Nicobar Rat Rattus palmarum 20. Cutch Rock Rat Cremnomys cutchicus 21. Royle's Mountain Vole Alticola roylei 22. Sahyadris Forest Rat Rattus satarae PIG 23. Northern Plains Gray/Hanuman Semnopithecus entellus Langur SHREWS 25.

Sl. Common Name Scientific Name

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Alpine Accentor Prunella collaris 2. Altai Accentor Prunella himalayana 3. Black-throated Accentor Prunella atrogularis 4. Brown Accentor Prunella fulvescens 5. Maroon-backed Accentor Prunella immaculata 6. Robin Accentor Prunella rubeculoides 7.

27. Black Bittern Ixobrychus flavicollis

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Black Bittern Ixobrychus flavicollis 28. Black-crowned Night Heron Nycticorax nycticorax 29. Great Bittern Botaurus stellaris 34. Little Bittern Ixobrychus minutus 40. Yellow Bittern Ixobrychus sinensis NORTHERN STORM-PETRELS 47. Black Bulbul Hypsipetes leucocephalus 53.

58. Flavescent Bulbul Pycnonotus flavescens

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Flavescent Bulbul Pycnonotus flavescens 59. Himalayan Bulbul Pycnonotus leucogenis 61. Red-vented Bulbul Pycnonotus cafer 64. Red-whiskered Bulbul Pycnonotus jocosus 65. White-browed Bulbul Pycnonotus luteolus 68. White-eared Bulbul Pycnonotus leucotis 69.

93. Yellow-legged Buttonquail Turnix tanki

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Yellow-legged Buttonquail Turnix tanki CANARY-FLYCATCHERS AND ALLIES 94. Grey-headed Canary-flycatcher Culicicapa ceylonensis 95. Yellow-bellied Fantail Chelidorhynx hypoxanthus CETTIA WARBLERS AND ALLIES 96. Aberrant Bush Warbler Hororn is flavolivaceus 97. Ashy-throated Warbler Phylloscopus maculipennis 98. Asian Stubtail Urosphena squameiceps 99.

128. Pale-footed Bush Warbler Urosphena pallidipes

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Pale-footed Bush Warbler Urosphena pallidipes 129. Pale-legged Leaf Warbler Phylloscopus tenellipes 130. Plain Leaf Warbler Phylloscopus neglectus 131. Rufous-faced Warbler Abroscopus albogularis 132. Rusty-rumped Warbler Helopsaltes certhiola 133. Sakhalin Leaf Warbler Phylloscopus borealoides 134.

163. Great Cormorant Phalacrocorax car bo

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Great Cormorant Phalacrocorax car bo 164. Indian Cormorant Phalacrocorax fuscicollis 165. Little Cormorant Microcarbo niger COURSERS AND PRATINCOLES 166. Collared Pratincole Glareola pratincola 167. Cream-coloured Courser Cursorius cursor 168. Oriental Pratincole Glareola maldivarum 169.

192. Andaman Coucal Centropus andamanensis

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Andaman Coucal Centropus andamanensis 193. Asian Emerald Cuckoo Chrysococcyx maculatus 194. Asian Koel Eudynamys scolopaceus 195. Banded Bay Cuckoo Cacomantis sonneratii 196. Greater Coucal Centropus sinensis 202. Lesser Coucal Centropus bengalensis 209.

221. Andaman Drongo Dicrurus andamanensis

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Andaman Drongo Dicrurus andamanensis 222. Ashy Drongo Dicrurus leucophaeus 223. Black Drongo Dicrurus macrocercus 224. Bronzed Drongo Dicrurus aeneus 225. Crow-billed Drongo Dicrurus annectens 226. Greater Racket-tailed Drongo Dicrurus paradiseus 227.

259. Ruddy Shelduck Tadorn a ferruginea

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Ruddy Shelduck Tadorn a ferruginea 260. Tundra Swan Cygnus columbianus 263. Whooper Swan Cygnus cygnus ELACHURA 264. Spotted Elachura Elachura formosa FAIRY-BLUEBIRDS 265. Asian Fairy-bluebird Irena pueila FALCONS 266. Collared Falconet Microhierax caerulescens 267.

286. Common Chaffinch Fringilla coelebs

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Common Chaffinch Fringilla coelebs 287. Common Linnet Linaria cannabina 288. Common Rosefinch Carpodacus erythrinus 289. Crimson-browed Finch Carpodacus subhimachalus 290. Crimson-winged Finch Rhodopechys sanguineus 291. Dark-breasted Rosefinch Procarduelis nipalensis 292.

FLAMINGOS

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Greater Flamingo Phoenicopterus roseus 327. Lesser Flamingo Phoeniconaias minor FLOWERPECKERS 328. Andaman Flowerpecker Dicaeum virescens 329. Fire-breasted Flowerpecker Dicaeum ignipectus 330. Nilgiri Flowerpecker Dicaeum concolor 331. Pale-billed Flowerpecker Dicaeum erythrorhynchos 332.

359. Ferruginous Flycatcher Muscicapa ferruginea

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Ferruginous Flycatcher Muscicapa ferruginea 360. Hill Blue Flycatcher Cyornis banyumas 366. Little Pied Flycatcher Ficedula westermanni 379. Mugimaki Flycatcher Ficedula mugimaki 381. Nicobar Jungle Flycatcher Cyornis nicobaricus 382. Nilgiri Flycatcher Eumyias albicaudatus 383.

401. Sapphire Flycatcher Ficedula sapphira

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Sapphire Flycatcher Ficedula sapphira 402. Slaty-backed Flycatcher Ficedula erithacus 406. Slaty-blue Flycatcher Ficedula tricolor 408. Snowy-browed Flycatcher Ficedula hyperythra 410. Taiga Flycatcher Ficedula albicilla 414. Ultramarine Flycatcher Ficedula superciliaris 416.

435. Brown Booby Sula leucogaster

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Red-footed Booby Sula sula GOLDCRESTS 438. Goldcrest Regulus regulus GREBES 439. Black-necked Grebe Podiceps nigricollis 440. Great Crested Gyebe Podiceps cristatus 441. Little Grebe Tachybaptus ruficollis 443. Brown-headed Gull Chroicocephalus brunnicephalus 453.

467. Sabine's Gull Xema sabini

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Sandwich Tern Thalasseus sandvicensis 469. Saunders's Tern Sternula saundersi 470. Slender-billed Gull Chroicocephalus genei 471. Sooty Gull Ichthyaetus hemprichii 472. Sooty Tern Onychoprionfuscatus 473. White-eyed Gull Ichthyaetus leucophthalmus 477.

488. Pheasant-tailed Jacana Hydrophasianus chirurgus

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Pheasant-tailed Jacana Hydrophasianus chirurgus KINGFISHERS 489. Black-capped Kingfisher Halcyon pileata 490. Blue-eared Kingfisher Alcedo meninting 491. Brown-winged Kingfisher Pelargopsis amauroptera 492. Collared Kingfisher Todiramphus chloris 493. Common Kingfisher Alcedo atthis 494.

520. Malabar Lark Galerida malabarica

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Malabar Lark Galerida malabarica 521. Oriental Skylark Alauda gulgula 522. Rufous-tailed Lark Ammomanes phoenicura 523. Singing Bushlark Mirafra cantillans 525. Sykes's Short-toed Lark Calandrella dukhunensis 527. Tibetan Lark Melanocorypha maxima LAUGHINGTHRUSHES AND LARGE BABBLERS 528.

558. Rufous-vented Laughingthrush Pterorhinus gularis

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Rufous-vented Laughingthrush Pterorhinus gularis 559. Scaly Laughingthrush Trochalopteron subunicolor 561. Wayanad Laughingthrush Pterorhinus delesserti 571. White-browed Laughingthrush Pterorhinus sannio 572. White-throated Laughingthrush Pterorhinus albogularis 574. Yellow-throated Laughingthrush Pterorhinus galbanus LEAF WARBLERS 576.

590. Chinese Bush Warbler Locustella tacsanowskia

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Chinese Bush Warbler Locustella tacsanowskia 591. Grasshopper Warbler Locustella naevia 592. Long-billed Bush Warbler Locustella major 593. Russet Bush Warbler Locustella mandelli 594. Spotted Bush Warbler Locustella thoracica 595. Striated Grassbird Megalurus palustris LONG-TAILED TITS 596.

619. Chestnut Munia Lonchura atricapilla

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Chestnut Munia Lonchura atricapilla 620. Scaly-breasted Munia Lonchura punctulata 623. Tricoloured Munia Lonchura malacca 624. White-rumped Munia Lonchura striata NIGHTJARS 625. Chestnut-bellied Nuthatch Sitta cinnamoventris 636. Chestnut-vented Nuthatch Sitta nagaensis 637.

649. Andaman Hawk Owl Ninox affinis

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Andaman Hawk Owl Ninox affinis 650. Brown Hawk Owl Ninox scutulata 654. Collared Scops Owl Otus lettia 656. Dusky Eagle Owl Bubo coromandus 657. Indian Scops Owl Otus bakkamoena 661. Mountain Scops Owl Otus spilocephalus 664.

680. Manipur Fulvetta Fulvetta manipurensis

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Manipur Fulvetta Fulvetta manipurensis 681. Rufous-headed Parrotbill Psittiparus bakeri 682. Spot-breasted Parrotbill Paradoxornis guttaticollis 683. White-breasted Parrotbill Psittiparus ruficeps 684. White-browed Fulvetta Fulvetta vinipectus 685. Yellow-eyed Babbler Chrysomma sinense PARROTS 686.

714. Rufous-throated Partridge Arborophila rufogularis

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Rufous-throated Partridge Arborophila rufogularis 715. White-cheeked Partridge Arborophila atrogularis PELICANS 717. Dalmatian Pelican Pelecanus crispus 718. Great White Pelican Pelecanus onocrotalus 719. Spot-billed Pelican Pelecanus philippensis PENDULINE TITS 720. White-crowned Penduline Tit Remiz coronatus PETRELS AND SHEARWATERS 721.

743. Mountain Imperial Pigeon Ducula badia

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Mountain Imperial Pigeon Ducula badia 744. Nicobar Imperial Pigeon Ducula nicobarica 746. Orange-breasted Green Pigeon Treron bicinctus 747. Pied Imperial Pigeon Ducula bicolor 749. Pin-tailed Green Pigeon Treron apicauda 750. Speckled Wood Pigeon Columba hodgsonii 753.

778. Blue-winged Pitta Pitta moluccensis

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Blue-winged Pitta Pitta moluccensis 779. Mangrove Pitta Pitta megarhyncha PLOVERS AND LAPWINGS 782. American Golden Plover Pluvialis dominica 783. Caspian Plover Charadrius asiaticus 784. Common Ringed Plover Charadrius hiaticula 785. Eurasian Golden Plover Pluvialis apricaria 786.

813. Water Rail Rallus aquaticus

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White-breasted Waterhen Amaurornis phoenicurus 816. White-browed Crake Poliolimnas cinereus REED WARBLERS AND ALLEES 817. Black-browed Reed Warbler Acrocephalus bistrigiceps 818. Blunt-winged Warbler Acrocephalus concinens 819. Blyth's Reed Warbler Acrocephalus dumetorum 820. Clamorous Reed Warbler Acrocephalus stentoreus 821.

842. Buff-breasted Sandpiper Calidris subruficollis

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Buff-breasted Sandpiper Calidris subruficollis 843. Common Sandpiper Actitis hypoleucos 845. Curlew Sandpiper Calidris ferruginea 847. Green Sandpiper Tringa ochropus 852. Pectoral Sandpiper Calidris melanotos 859. Sharp-tailed Sandpiper Calidris acuminata 868.

878. Chestnut-capped Babbler Timalia pileata

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Chestnut-capped Babbler Timalia pileata 879. Chin Hills Wren Babbler Spelaeornis oatesi 880. Coral-billed Scimitar Babbler Pomatorhinus ferruginosus 881. Dark-fronted Babbler Dumetia atriceps 882. Golden Babbler Cyanoderma chrysaeum 883. Rufous-capped Babbler Cyanoderma ruficeps 890.

912. Masked Shrike Lanius nubicus

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Red-backed Shrike Lanius collurio 914. Red-tailed Shrike Lanius phoenicuroides 915. Woodchat Shrike Lanius senator SKUAS 916. Arctic Skua Stercorarius parasiticus 917. Brown Skua Stercorarius antarcticus 918. Long-tailed Skua Stercorarius longicaudus 919.

940. House Sparrow Passer domesticus

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House Sparrow Passer domesticus 941. Rock Sparrow Petronia petronia 942. Russet Sparrow Passer cinnamomeus 944. Sind Sparrow Passer pyrrhonotus 945. Spanish Sparrow Passer hispaniolensis 946. Yellow-throated Sparrow Gymnoris xanthocollis STARLINGS AND MYNAS 948.

972. Painted Stork Mycteria leucocephala

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Painted Stork Mycteria leucocephala 973. Woolly-necked Stork Ciconia episcopus SUNBIRDS 974. Black-throated Sunbird Aethopyga saturata 975. Crimson Sunbird Aethopyga siparaja 976. Crimson-backed Sunbird Leptocoma minima 977. Fire-tailed Sunbird Aethopyga ignicauda 978.

1004. Alpine Swift Tachymarptis melba

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Alpine Swift Tachymarptis melba 1005. Asian Palm Swift Cypsiurus balasiensis 1006. Brown-backed Needletail Hirundapus giganteus 1008. Indian House Swift Apus affinis 1011. Nepal House Swift Apus nipalensis 1012. Alpine Thrush Zoothera mollissima 1027.

1035. Grandala Grandala coelicolor

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Grey-sided Thrush Turdus feae 1038. Grey-winged Blackbird Turdus boulboul 1039. Himalayan Forest Thrush Zoothera salimalii 1040. Indian Blackbird Turdus simillimus 1041. Japanese Thrush Turdus cordis 1042. Kessler's Thrush Turdus kessleri 1043.

1071. Bar-tailed Treecreeper Certhia himalayana

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Bar-tailed Treecreeper Certhia himalayana 1072. Hodgson's Treecreeper Certhia hodgsoni 1073. Hume's Treecreeper Certhia manipurensis 1074. Rusty-flanked Treecreeper Certhia nipalensis 1076. Sikkim Treecreeper Certhia discolor TROGONS 1077. Red-tailed Tropicbird Phaethon rubricauda 1081.

1091. Rufous-vented Yuhina Yuhina occipitalis

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Rufous-vented Yuhina Yuhina occipitalis 1092. Striated Yuhina Staphida castaniceps 1093. Stripe-throated Yuhina Yuhina gularis 1094. Whiskered Yuhina Yuhina flavicollis 1095. White-naped Yuhina Yuhina bakeri WOODPECKERS AND ALLIES 1096. Rufous Woodpecker Micropternus brachyurus 1116.

1125. Bar-winged Flycatcher-shrike Hemipus picatus

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Bar-winged Flycatcher-shrike Hemipus picatus 1126. Common Woodshrike Tephrodornis pondicerianus 1127. Large Woodshrike Tephrodornis virgatus 1128. Malabar Woodshrike Tephrodornis sylvicola WOODSWALLOWS 1129. Ashy Woodswallow Artamus fuscus 1130. White-breasted Woodswallow Artamus leucorynchus WREN BABBLERS 1131.

10. Asian Glass Lizard Dopasia gracilis

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Asian Glass Lizard Dopasia gracilis 11. Anamalai spiny lizard Salea anamallayana 12. Horsfield's spiny lizard Salea horsfieldii 13. Southern flying lizard Draco dussumieri BOAS 14. All species of the Family Boidae except for those listed in Schedule I SNAKES 15. Blind Snakes All species of the Family Typhlopidae 16.

4. Aloysi Pond Frog Phrynoderma aloysii

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Aloysi Pond Frog Phrynoderma aloysii 5. Annandale's Frog/Assam Hills Frog Clinotarsus alticola 6. Bompu Litter Frog Leptobrachium bompu 7. Indian Pond Frog Phrynoderma hexadactylum 15. Karaavali Pond Frog Phrynoderma karaavali 20. Kerala Pond Frog Phrynoderma kerala 22.

4. Ornate Eagle Ray Aetomylaeus vespertilio

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Ornate Eagle Ray Aetomylaeus vespertilio SHARKS 5. Great Hammerhead Sphyrna mokarran 6. Oceanic Whitetip Shark Carcharhinus longimanus 7. Smooth Hammerhead Sphyrna zygaena 8. Winghead Shark Eusphyra blochii SNAKEHEADS 9. Gollum snakehead Aenigmachanna gollum PART F : MOLLUSCA No.

13. Commercial Top Shell Tectus niloticus

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Commercial Top Shell Tectus niloticus TURBANS 14. Green Turban Turbo marmoratus VOLUTES 15. Vaxillate Volute/Gold Banded Volute Harpulina arausiaca PART G: ARTHROPODS (OTHER THAN INSECTS) No. Common Name Scientific Name CRABS 1. Indo-Pacific Horseshoe Crab Tachypleus gigas 2. Mangrove Horseshoe Crab Carcinoscorpius rotundicauda SPIDERS 3.

2. Orange-tailed Awlet Badamia sena

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Orange-tailed Awlet Badamia sena FAMILY LYCAENIDAE 3. Assam Pierrot Tarucus waterstradti 5. Black-branded Royal Tajuria culta 10. Blue Darkie Allotinus subviolaceus 11. Branded Royal Tajuria melastigma 15. Branded Yamfly Yasoda tripunctata 16.

43. Indigo Flash Rapala varuna

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Jakama Hair streak Shirozuozephyrus jakamensis 45. Kabru Green Hairstreak Chrysozephyrus kabrua 46. Khaki Silverline Spindasis rukmini 47. Kirbari Hairstreak Shirozuozephyrus kirbariensis 48. Refulgent Flash Rapala refulgens 77. Scarce Slate Flash Rapala scintilla 81.

86. Small Green Underwing Albulina metallica

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Small Green Underwing Albulina metallica 87. Spotless Oakblue Arhopala fulla 88. Spotted Pierrot Tarucus callinara 89. Straightline Royal Tajuria diaeus 91. Tailless Metallic Green Hairstreak Shirozuozephyrus khasia 96. Tytler's Green Hairstreak Chrysozephyrus vittatus 100.

128. Brown Forester Lethe serbonis

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Chestnut-streaked Sailer Neptis jumbah 131. Chinese Bushbrown Mycalesis gotama 133. Chinese Yellow Sailer Neptis cydippe kirbariensis 134. Common Archduke Lexias pardalis jadeitina 139. Common Baron Euthalia aconthea 140. Great Evening Brown Melanitis zitenius 161.

171. Lepcha Bushbrown Mycalesis lepcha

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Lepcha Bushbrown Mycalesis lepcha 172. Long-branded Blue Crow Euploea algea 173. Malabar Tree Nymph Idea malabarica 174. Many-tufted Bushbrown Mycaleisis mystes 177. Moore's Bushbrown Mycalesis heri 181. Plain Bushbrown Mycalesis tnalsarida 191.

216. Spotted Sailer Neptis magadh khasiana

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Spotted Sailer Neptis magadh khasiana 217. Striped Ringlet Ragadia crisilda 219. Studded Sergeant Pantoporia asura 220. Tailed Red Forester Lethe sinorix 221. Variegated Sailer Neptis armandia 232. Yellowjack Sailer Lasippa viraja nar FAMILY PAPILIONIDAE 249: Andaman Mormon Papilio mayo 250.

256. Common Mime Chilasa clytia

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Common Red Apollo Parnassius epaphus 258. Common Yellow Swallowtail Papilio machaon 259. Crimson Rose Pachliopta hector 260. Fourbar Swordtail Graphium agetes 261. Great Blue Mime Papilio paradoxa 264. Common Albatross Appias albina 281.

295. Striped Punch Dodona adonira

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Striped Punch Dodona adonira PART I: PORIFERA No. Sponges All species of the Class Calcarea] 139

SCHEDULE III

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SCHEDULE III (See Chapter III-A and Sections 50, 51, 54 and 57) SPECIFIED PLANTS Sl. Scientific Name Common Name 1 Strobilanthes kunthianus Neel kurinji 2 Coptis teeta Gold threat, Mishmi teeta 3 Coscinium fenestration Tree turmeric 4 Taxus wallichiana Common yew 5 Vanda coerulea Blue vanda 6 Nepenthes khasiana Pitcher plant 7 Renanthera imschootiana Red vanda 8 Cycas spp. 10 Aenhenrya rotundifolia 11 Odontochilus grandiflorus 12 Odontochiluste trapterus 13 Rhomboda pulchra 14 Vrydagzynea viridiflora 15 Zeuxine andamanica 16 Ipsea malabarica Daffodil orchid 17 Habenaria barnesii 18 Podophyllum hexandrum Indian podohyllum 19 Dolomiaea costus Kuth] 140

SCHEDULE IV

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SCHEDULE IV (See Chapter VB and Sections 39, 50, 51, 54, 57) Interpretation 1. Species included in these Appendices are referred to: (a) by the name of the species; or (b) as being all of the species included in a higher taxon or designated part thereof. The abbreviation “spp.” is used to denote all species of a higher taxon. Other references to taxa higher than species are for the purposes of information or classification only. The common names included after the scientific names of families are for reference only. They are intended to indicate the species within the family concerned that are included in the Appendices.

8. The terms and expressions below, used in annotations in these Appendices, are defined as follows:

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The terms and expressions below, used in annotations in these Appendices, are defined as follows: Extract Any substance obtained directly from plant material by physical or chemical means regardless of the manufacturing process. This term includes antique instruments (as defined by the Harmonized System codes 97.05 and 97.06; Works of art, collectors' pieces and antiques). Finished musical instrument accessories A musical instrument accessory (as referenced by the Harmonized System of the World Customs Organization, Chapter 92; musical instruments, parts and accessories of such articles) that is separate from the musical instrument, and is specifically designed or shaped to be used explicitly in association with an instrument, and that requires no further modification to be used. Finished musical instrument parts A part (as referenced by the Harmonized System of the World Customs Organization, Chapter 92; musical instruments, parts and accessories of such articles) of a musical instrument that is ready to install and is specifically designed and shaped to be used explicitly in association with the instrument to make it playable. Finished products packaged and ready for retail trade Products, shipped singly or in bulk, requiring no further processing, packaged, labelled for final use or the retail trade in a state fit for being sold to or used by the general public. Shipment Cargo transported under the terms of a single bill of lading or air waybill, irrespective of the quantity or number of containers, packages, or pieces worn, carried or included in personal baggage.

For the term “10 kg per shipment”, the 10 kg limit should be interpreted as referring to the

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For the term “10 kg per shipment”, the 10 kg limit should be interpreted as referring to the weight of the individual portions of each item in the shipment made of wood of the species concerned. In other words, the 10 kg limit is to be assessed against the weight of the individual portions of wood of Dalbergia/Guibourtia species contained in each item of the shipment, rather than against the total weight of the shipment. Transformed wood Defined by Harmonized System code 44.09 : Wood (including strips, friezes for parquet flooring, not assembled), continuously shaped (tongued, grooved, v-jointed, beaded or the like) along any edges, ends or faces, whether or not planed, sanded or end-jointed. Woodchips Wood that has been reduced to small pieces.] 143

APPENDIX I

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APPENDIX I FAUNA (ANIMALS) PHYLUM CHORDATA CLASS MAMMALIA (MAMMALS) ARTIODACTYLA Antilocapridae Pronghorns 1 Antilocapra americana (Only the population of Mexico is included in Appendix I. No other Bovidae population is included in the Appendices.) Antelopes, cattle, duikers, gazelles, goats, sheep, etc. 2 Addax nasomaculatus 3 Bos gaurus (Excludes the domesticated form, which is referenced as Bos frontalis, and is not subject to the provisions of the Convention.) 4 Bos mums (Excludes the domesticated form, which is referenced as Bos grunniens, and is not subject to the provisions of the Convention.) 5 Bos sauveli 6 Bubalus depressicornis 7 Bubalus mindorensis 8 Bubalus quarlesi 9 Copra falconeri 10 Capricornis milneedwardsii 11 Capricornis rubidus 12 Capricornis sumatraensis 13 Capricornis thar 14 Cephalophus jentinki 15 Gazella cuvieri 16 Gazella leptoceros 144

17 Hippotragus niger variant

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17 Hippotragus niger variant 18 Naemorhedus baileyi 19 Naemorhedus caudatus 20 Naemorhedus goral 21 Naemorhedus griseus 22 Nanger dama 23 Oryx dammah 24 Oryx leucoryx 25 Ovis gmelini (Only the population of Cyprus; no other population is included in the Appendices) 26 Ovis hodgsoni 27 Ovis nigrimontana 28 Ovis vignei 29 Pantholops hodgsonii 30 Pseudoryx nghetinhensis Camelidae Camels, guanacos, vicunas 31 Vicugna vicugna [Except the populations of : Argentina (the populations of the Provinces of Jujuy, Catamarca and Salta, and the semi-captive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja and San Juan), Chile (populations of the region of Tarapaca and of the region of Arica and Parinacota), Ecuador (the whole population), Peru (the whole population) and the Plurinational State of Bolivia (the whole population), which are included in Appendix II] Cervidae Deer, huemuls, muntjacs, pudus 32 Axis calamianensis 33 Axis kuhlii 34 Axis porcinus annamiticus 35 Blastocerus dichotomus 36 Cervus elaphus hanglu 37 Dama dama mesopotamica 38 Hippocamelus spp. 39 Muntiacus crinifrons 40 Muntiacus vuquanghensis 41 Ozotoceros bezoarticus 42 Pudu puda 43 Rucervus duvaucelii 145

44 Rucervus eldii

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44 Rucervus eldii Moschidae Musk deer 45 Moschus spp. (Only the populations of Afghanistan, Bhutan, India, Myanmar, Nepal and Pakistan; all Suidae other populations are included in Appendix II) Babirusa, hogs, pigs 46 Babyrousa babyrussa 47 Babyrousa bolabatitensis 48 Babyrousa celebensis 49 Babyrousa togeanensis 50 Sus salvanius Tayassuidae Peccaries 51 Catagonus wagneri CARNIVORA Ailuridae Red pandas 52 Ailurus fulgens Canidae Dogs, foxes, wolves 53 Canis lupus (Only the populations of Bhutan, India, Nepal and Pakistan; all other populations are included in Appendix II. Excludes the domesticated form and the dingo which are referenced as Canis lupus familiaris and Canis lupus dingo, respectively, which are not subject to the provisions of the Convention) 54 Speothos venaticus Felidae Cats 55 Acinonyx jubatus (Annual export quotas for live specimens and hunting trophies are granted as follows : Botswana : 5; Namibia : 150; Zimbabwe : 50. The trade in such specimens is subject to the provisions of Article III of the Convention.) 56 Caracal caracal (Only the population of Asia; all other populations are included in Appendix II.) 57 Catopuma temminckii 58 Felis nigripes 146

59 Herpailurus yagouaroundi (Only the populations of

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59 Herpailurus yagouaroundi (Only the populations of Central and North America; all other populations are included in Appendix IT) 60 Leopardus geoffroyi 61 Leopardus guttulus 62 Leopardus jacobita 63 Leopardus pardalis 64 Leopardus tigrinus 65 Leopardus wiedii 66 Lynx pardinus 67 Neofelis diardi 68 Neofelis nebulosa 69 Panthera leo (Only the populations of India; all other populations are included in Appendix II.) 70 Panthera onca 71 Panthera pardus 72 Panthera tigris 73 Panthera uncia 74 Pardofelis marmorata 75 Prionailurus hengalensis bengalensis (Only the populations of Bangladesh, India and Thailand; all other populations are included in Appendix II.) 76 Priotiailurus planiceps 77 Prionailurus rubiginosus (Only the population of India; all other populations are included in Appendix II.) 78 Puma concolor (Only the populations of Costa Rica and Panama; all other populations are included in Appendix II) Lutrinae Otters 79 Aonyx capensis microdon (Only the populations of Cameroon and Nigeria; all other populations are included in Appendix II.) 80 Aonyx cinerea 81 Enhydra lutris nereis 82 Lontra felina 83 Lontra longicaudis 84 Lontra provocax 85 Lutra Intra 86 Lutra nippon 87 Lutrogale perspicillata 147

88 Pteronura brasdiensis

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88 Pteronura brasdiensis Mustelinae Grisons, honey badgers, martens, tayra, weasels 89 Mustela nigripes Otariidae Fur seals, sealions 90 Arctocephalus townsendi Phocidae Seals 91 Monachus spp. Ursidae Bears, giant pandas 92 Ailuropoda melanoleuca 93 Helarctos malayanus 94 Melursus ursimts 95 Tremarctos ornatus 96 Ursus arctos (Only the populations of Bhutan, China, Mexico and Mongolia; all other populations are included in Appendix II.) 97 Ursus arctos isabellinus 98 Ursus thibetanus Viverridae Binturong, civets, linsangs, otter-civet, palm civets 99 Prionodon pardicolor CETACEA DOLPHINS, PORPOISES, WHALES Balaenidae Bowhead whale, right whales 100 Balaena mysticetus 101 Eubalaena spp. Balaenopteridae Fin whales, humpback whales, rorquals 102 Balaenoptera acutorostrata (Except the population of West Greenland, this is included in Appendix II.) 103 Balaenoptera bonaerensis 104 Balaenoptera borealis 105 Balaenoptera edeni 148

106 Balaenoptera musculus

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106 Balaenoptera musculus 107 Balaenoptera omurai 108 Balaenoptera physalus 109 Megaptera novaeangliae Delphinidae Dolphins 110 Orcaella brevirostris 111 Orcaella heinsohni 112 Sotalia spp. Eschrichtiidae Grey whale 114 Eschrichtius robustus Iniidae River dolphins 115 Lipotes vexillifer Neobalaenidae Pygmy right whale 116 Caperea marginata Phocoenidae Porpoises 117 Neophocaena asiaeorientalis 118 Neophocaena phocaenoides 119 Phocoena sinus Physeteridae Sperm whales 120 Physeter macrocephalus Platanistidae River dolphins 121 Platanista spp. Ziphiidae Beaked whales, bottle-nosed whales 122 Berardius spp. CHIROPTERA Pteropodidae Fruit bats, flying foxes 124 Acerodon jubatus 125 Pteropus insularis 149

126 Pteropus loochoensis

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126 Pteropus loochoensis 127 Pteropus mariannus 128 Pteropus molossinus 129 Pteropus pelewensis 130 Pteropus pilosus 131 Pteropus samoensis 132 Pteropus tonganus 133 Pteropus ualanus 134 Pteropus yapensis CINGULATA Dasypodidae Armadillos 135 Priodontes maximus DASYUROMORPHlA Dasyuridae Dunnarts 136 Sminthopsis longicaudata 137 Sminthopsis psammophila DIPROTODONTIA Macropodidae Kangaroos, wallabies 138 Lagorchestes hirsutus 139 Lagostrophus fasciatus 140 Onychogalea fraenata Potoroidae Rat-kangaroos 141 Bettongia spp. Vombatidae Wombats 142 Lasiorhinus krefftii LAGOMORPHA Leporidae Hares, rabbits 143 Caprolagus hispidus 144 Romerolagus diazi PERAMELEMORPHIA Peramelidae Bandicoots, echymiperas 145 Perameles bougainville Thylacomyidae Bilbies 150

146 Macrotis lagotis

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146 Macrotis lagotis PERISSODACTYLA Equidae Horses, wild asses, zebras 147 Equus africanus (Excludes the domesticated form, which is referenced as Equus asinus and is not subject to the provisions of the Convention.) 148 Equus grevyi 149 Equus hemionus hemionus 150 Equus hemionus khur 151 Equus przewalskii Rhinocerotidae Rhinoceroses 152 Rhinocerotidae spp. (Except the species included in Appendix II) Tapiridae Tapirs 153 Tapiridae spp. (Except the species included in Appendix II) PHOLIDOTA Manidae Pangolins 154 Manis crassicaudata 155 Manis culionensis 156 Manis gigantea 157 Manis javanica 158 Manis pentadactyla 159 Manis temminckii 160 Manis tetradactyla 161 Manis iricuspis PRIMATES APES, MONKEYS Atelidae Howler monkeys, spider monkeys 162 Alouatta coibensis 163 Alouatta palliata 164 Alouatta pigra 165 Ateles geoffroyi frontatus 166 Ateles geoffroyi oraatus 167 Brachyteles arachnoides 168 Brachyteles hypoxanthus 151

169 Oreonax flavicauda

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169 Oreonax flavicauda Cebidae Marmosets, tamarins, new- world monkeys 170 Callimico goeldii 171 Callithrix aurita 172 Callithrix fla viceps 173 Leontopithecus spp. 174 Saguinus bicolor 175 Saguinus geoffroyi 176 Saguinus leucopus 177 Saguinus martinsi 178 Saguinus oedipus 179 Saimiri oerstedii Cercopithecidae Old-world monkeys 180 Cercocebits galeritus 181 Cercopithecus diana 182 Cercopithecus roloway 183 Macaca silenus 184 Macaca syhanus 185 Mandrillus leucophaeus 186 Mandrillus sphinx 187 Nasalis larvatus 188 Piliocolobus kirkii 189 Piliocolobus mfomitratus 190 Presbytis potenziani 191 Pygathrix spp. 193 Semnopithecus ajax 194 Semnopithecus dussumieri 195 Semnopithecus entellus 196 Semnopithecus hector 197 Semnopithecus hypoieucos 198 Semnopithecus priam 199 Semnopithecus schistaceus 200 Simias concolor 201 Trachypithecus geei 202 Trachypithecus pileatus 203 Trachypithecus shortridgei 152

Cheirogaleidae

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Cheirogaleidae Dwarf lemurs 204 Cheirogaleidae spp. Daubentoniidae Aye-aye 205 Daubentonia madagasca riensis Hominidae Apes, chimpanzees, gorillas, orang-utans 206 Gorilla beringei 207 Gorilla gorilla 208 Pan spp. 209 Pongo abelii 210 Pongo pygmaeus Hylobatidae Gibbons 211 Hylobatidae spp. Indriidae Indris, sifakas, woolly lemurs 212 Indriidae spp. Lemuridae Large lemurs 213 Lemuridae spp. Lepilemuridae Sportive lemurs 214 Lepilemuridae spp.

219 Loxodonta africana (Except the populations of

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219 Loxodonta africana (Except the populations of Botswana, Namibia, South Africa and Zimbabwe, which are included in Appendix II subject to annotation 2) RODENTIA Chinchillidae Chinchillas 220 Chinchilla spp. (Specimens of the domesticated form are not subject to the provisions of the Convention) Sciuridae Ground squirrels, tree squirrels 221 Cynomys mexicanus SIRENIA Dugongidae Dugong 222 Dugong dugon Trichechidae Manatees 223 Trichechus inunguis 224 Trichechus manatus 225 Trichechus senegalensis CLASS AVES (BIRDS) ANSERIFORMES Anatidae Ducks, geese, swans, etc. 226 Anas aucklandica 227 Anas chlorotis 228 Anas laysanensis 229 Anas nesiotis 230 Asarcomis scutulata 231 Branta canadensis leucopareia 232 Branta sandvicensis 233 Rhodonessa caryophyllacea APODIFORMES Trochilidae Hummingbirds 234 Glaucis dohrnii CHARADRIIFORMES 154

235 Larus relictus

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Laridae Gulls 235 Larus relictus Scolopacidae Curlews, greenshanks 236 Numenius borealis 237 Numenius tenuirostris 238 Tringa guttifer CICONIIFORMES Ciconiidae Storks 239 Ciconia boyciana 240 Jabiru mycteria 241 Mycteria cinerea Threskiornithidae Ibises, spoonbills 242 Geronticus eremita 243 Nipponia nippon COLUMBIFORMES Columbidae Doves, pigeons 244 Caloenas nicobarica 245 Ducula mindorensis CORACIIFORMES Bucerotidae Hornbills 246 Aceros nipalensis 247 Buceros bicornis 248 Rhinoplax vigil 249 Rliyticeros subruficollis FALCONIFORMES Accipitridae Hawks, eagles 250 Aquilo adalberti 251 Aquila heliaca 252 Chondrohierax uncinates wilsonii 253 Haliaeetus albicilla 254 Harpia harpyja 255 Pithecophaga jefferyi 155

Cathartidae

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Cathartidae New-world vultures 256 Gymnogyps californianus 257 Vultur gryphus Falconidae Falcons 258 Falco araeus 259 Falco jugger 260 Falco newtoni (Only the population of Seychelles.) 261 Falco pelegrinoides 262 Falco peregrinus 263 Falco punctatus 264 Falco rusticolus GALLIFORMES Cracidae Chachalacas, currassows, guans 265 Crax blumenbachii 266 Mitu mitu 267 Oreophasis derbianus 268 Penelope albipennis 269 Pipile jacutinga 270 Pipile pipile Megapodiidae Megapodes, scrubfowl 271 Macrocephalon maleo Phasianidae Grouse, guineafowl, partridges, peafowl, pheasants, tragopans 272 Catreus wallichii 273 Colinus virginianus ridgwayi 274 Cross optil on crossoptilon 275 Crossoptilon mantchuricum 276 Lophophonts impejanus 277 Lophophorus lhuysii 278 Lophophoms sclateri 279 Lophura edwardsi 280 Lophura swinlwii 281 Polyplectron napoleonis 282 Rheinardia ocellata 283 Syrmaticus ellioti 156

284 Syrmaticus humiae

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284 Syrmaticus humiae 285 Syrmaticus mikado 286 Tetraogallus caspius 287 Tetraogallus tibetanus 288 Tragopan blythii 289 Tragopan caboti 290 Tragopan tnelanocephalus GRUIFORMES Gruidae Cranes 291 Balearica pavonina 292 Grits americana 293 Grus canadensis nesiotes 294 Grits canadensis pulla 295 Grus japonensis 296 Grus leucogeranus 297 Grus monacha 298 Grus nigricollis 299 Grus vipio Otididae Bustards 300 Ardeotis nigriceps 301 Chlamydotis macqueenii 302 Chlamydotis undulata 303 Houbaropsis bengalensis Rallidae Rails 304 Gallirallus sylvestris Rhynochetidae Kagu 305 Rhynochetos jubatus PASSERIFORMES Atrichornithidae Scrub-birds 306 Atrichornis clamosus Cotingidae Cotingas 307 Cotinga maculata 308 Xipholena atropurpurea Fringillidae Finches 157

309 Carduelis cucullata

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309 Carduelis cucullata Hirundinldae Martins 310 Pseudochelidon sirintarae Icteridae New-world blackbirds 311 Xanth opsar flavus Muscicapidae Old-world flycatchers 312 Picathartes gymnocephalus 313 Picathartes oreas Pittidae Pittas 314 Pitta gurneyi 315 Pitta kochi Sturnidae Mynas, starlings 316 Leucopsar rothschildi Zosteropidae White-eyes 317 Zosterops albogularis PELECANIFORMES Fregatidae Frigatebirds 318 Fregata andrewsi Pelecanidae Pelicans 319 Pelecanus crispus Sulidae Gannets 320 Papasula abbotti PICIFORMES Picidae Woodpeckers 321 Dryocopus javensis richardsi PODICIPEDIFORMES Podicipedidae Grebes 322 Podilymbus gigas PROCELLARIIFORMES Diomedeidae Albatrosses 158

323 Phoebastria albatnis

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323 Phoebastria albatnis PSITTACIFORMES Cacatuidae Cockatoos 324 Cacatua goffiniana 325 Cacatua haematuropygia 326 Cacatua moluccensis 327 Cacatua sulphurea 328 Probosciger aterrimus Loriidae Lories, lorikeets 329 Eos histrio 330 Vini ultramarina Psittacidae Amazons, macaws, parakeets, parrots 331 Amazona arausiaca 332 Amazona auropalliata 333 Amazona barbadensis 334 Amazona brasiliensis 335 Amazona finschi 336 Amazona guildingii 337 Amazona imperialis 338 Amazona leucocephala 339 Amazona oratrix 340 Amazona pretrei 341 Amazona rhodocorytha 342 Amazona tucumana 343 Amazona versicolor 344 Amazona vinacea 345 Amazona viridigenalis 346 Amazona vittata 347 Anodorhynchus spp. 348 Ara ambiguus 349 Ara glaucogularis 350 Ara macao 351 Ara militaris 352 Ara rubrogenys 353 Cyanopsitta spixii 354 Cyanoramphus cookii 355 Cyanoramphus forbesi 159

356 Cyanoramphus novaezelandiae

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356 Cyanoramphus novaezelandiae 357 Cyanoramphus saisseti 358 Cyclopsitta diophthalma coxeni 359 Eunymphicus comutus 360 Guarouba guarouba 361 Neophema chrysogaster 362 Ognorhynchus icterotls 363 Pezoporus occidentalis 364 Pezoporus wallicus 365 Pionopsitta pileata 366 Primolius couloni 367 Primolius maracana 368 Psephotus chrysopterygius 369 Psephotus dissimilis 370 Psephotus pulcherrimus 371 Psittacula echo 372 Psittacus erithacus 373 Pyrrhura cruentata 374 Rhynchopsitta spp. 375 Strigops habroptila RHEIFORMES Rbeidae Rheas 376 Pterocnemia pennata (Except Pterocnemia pennata pennata which is included in Appendix II) SPHENISCIFORMES Spheniscidae Penguins 377 Spheniscus humboldti STRIGIFORMES Strigidae Owls 378 Heteroglaiix btewitti 379 Mimizuku gurneyi 380 Ninox natalis Tytonidae Bam owls 381 Tyto soumagnei 160

STRUTHIONIFORMES

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STRUTHIONIFORMES Struthionidae Ostriches 382 Struthio camelus (Only the populations of Algeria, Burkina Faso, Cameroon, the Central African Republic, Chad, Mali, Mauritania, Morocco, the Niger, Nigeria, Senegal and the Sudan; all other populations are not included in the Appendices) TINAMIFORMES Tinamidae Tinamous 383 Tinamus solitarius TROGONIFORMES Trogonidae Quetzals 384 Pharomachrus mocinno CLASS REPTDLIA CROCODYLIA Alligatoridae Alligators, caimans 385 Alligator sinensis 386 Caiman crocodilus opaporiensis 387 Caiman latirostris (Except the population of Argentina, which is included in Appendix II.) 388 Melanosuchus niger (Except for the population of Brazil, which is included in Appendix II, and the population of Ecuador, which is included in Appendix II and is subject to a zero annual export quota until an annual export quota has been approved by the CITES Secretariat and the IUCN/SSC Crocodile Specialist Group.) Crocodylidae Crocodiles 389 Crocodylus acutus (Except the population of the Integrated Management District of Mangroves of the Bay of Cispata, Tinajones, La Balsa and Surrounding Areas, Department of Cordoba, Colombia, and the population of Cuba, which are included in Appendix II; and the population of Mexico, which is included in Appendix II and is subject to a zero export quota for wild specimens for commercial purposes) 390 Crocodylus cataphractus 161

391 Crocodylus intermedins

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391 Crocodylus intermedins 392 Crocodylus mindorensis 393 Crocodylus moreletii (Except the population of Belize, which is included in Appendix II with a zero quota for wild specimens traded for commercial purposes, and the population of Mexico, which is included in Appendix II.) 394 Crocodylus niloticus [Except the populations of Botswana, Egypt (subject to a zero quota for wild specimens traded for commercial purposes), Ethiopia, Kenya, Madagascar, Malawi, Mozambique, Namibia, South Africa, Uganda, the United Republic of Tanzania (subject to an annual export quota of no more than 1,600 wild specimens including hunting trophies, in addition to ranched specimens), Zambia and Zimbabwe, which are included in Appendix IT] 395 Crocodylus palustris 396 Crocodylus porosus [Except the populations of Australia, Indonesia, Malaysia [wild harvest restricted to the State of Sarawak and a zero quota for wild specimens for the other States of Malaysia (Sabah and Peninsular Malaysia), with no change in the zero quota unless approved by the Parties] and Papua New Guinea, which are included in Appendix II.} 397 Crocodylus rhombifer 398 Crocodylus siamensis 399 Osteolaemus tetraspis 400 Tomistoma. schlegelii Gavialidae Gavials 401 Gavialis gangeticus RHYNCHOCEPHALIA Sphenodontidae Tuataras 402 SAURIA Sphenodon spp. Agamidae Spiny-tailed lizards, agamas 403 Ceratophora erdeleni 404 Ceratophora karu 162

405 Ceratophora tennentii

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405 Ceratophora tennentii 406 Cophotis ceylanica 407 Cophotis dumbara Anguidae Alligator lizards 408 Abronia anzuetoi 409 Abronia campbelli 410 Abronia fimbriata 411 Abronia frosti 412 Abronia meledona Chamaeleonidae Chameleons 413 Brookesia perarmata Gekkonidae Geckos 414 Cnemaspis psychedelica 415 Gonatodes daudini 416 Lygodactylus williamsi Helodermatidae Beaded lizards, Gila monsters 417 Heloderma horridum charlesbogerti Iguanidae Iguanas 418 Brachylophus spp. 420 Sauromalus varius Lacertidae Lizards 421 Gallotia simonyi Varanidae Monitor lizards 422 Varanus bengalensis 423 Varanus flavescens 424 Varanus griseus 425 Varanus komodoensis 426 Varanus nebulosus Xenosauridae Chinese crocodile lizard 427 Shinisaurus crocodilurus 163

SERPENTES Boidae

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SERPENTES Boidae Boas 428 Acrantophis spp. 429 Boa constrictor occidentalis 430 Epicrates inornatus 431 Epicrates monensis 432 Epicrates subflavus 433 Sanzinia madagascariensis Bolyeriidae Round Island boas 434 Bolyeria multocarinata 435 Casarea dussumieri Pythonidae Pythons 436 Python molurus molurus Viperidae Vipers 437 Vipera ursinii (Only the population of Europe, except the area which formerly constituted the Union of Soviet Socialist Republics; these latter populations are not included in the Appendices.) TESTUDINES Chelidae Austro-American sideneck turtles 438 Pseudemydura umbrina Cheloniidae Sea turtles 439 Cheloniidae spp. Dermochelyidae Leatherback turtles 440 Dermochelys coriacea Emydidae Box turtles, freshwater turtles 441 Glyptemys muhlenbergii 442 Terrapene coahuila 164

Geoemydidae

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Geoemydidae Box turtles, freshwater turtles 443 Batagur affinis 444 Batagur baska 445 Cuora bourreti 446 Cuora picturata 447 Geoclemys hamiltonii 448 Mauremys annamensis 449 Melanochelys tricarinata 450 Morenia ocellata 451 Pangshura tecta Platysternidae Big-headed turtles 452 Platysternidae spp. Testudinidae Tortoises 453 Astrochelys radiata 454 Astrochelys yniphora 455 Chelonoidis niger 456 Geochelone elegans 457 Geochelone platynota 458 Gopherus flavomarginatus 459 Malacochersus tornieri 460 Psammobates geometricus 461 Pyxis arachnoides 462 Pyxis planicauda 463 Testudo kleinmanni Trionychidae Softshell turtles 464 Apalone spinifera atra 465 Chitra chitra 466 Chitra vandijki 467 Nilssonia gangetica 468 Nilssonia hurum 469 Nilssonia nigricans CLASS AMPHIBIA ANURA Bufonidae Toads 165

470 Altiphrynoides spp.

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471 Amietophrynus channingi 472 Amietophrynus superciliaris 473 Atelopus zeteki 474 Incilius periglenes 475 Nectophrynoides spp. Telmatobiidae Andean water frogs 477 Telmatobius culeus CAUDATA Cryptobranchidae Giant salamanders 478 Andrias spp. Salamandridae Newts and salamanders 479 Neurergus kaiseri CLASS ELASMOBRANCHII (SHARKS) PRISTIFORMES Pristidae Sawfishes 480 Pristidae spp. CLASS ACTINOPTERI (FISHES) ACIPENSERIFORMES Acipenseridae Sturgeons 481 Acipenser brevirostmm 482 Acipenser sturio CYPRINIFORMES Catostomidae Cui-ui 483 Chasmistes cuius Cyprinidae Carps 484 Probarbus jullieni 166

OSTEOGLOSSIFORMES

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OSTEOGLOSSIFORMES Osteoglossidae Bonytongue 485 Scleropages formosus 486 Scleropages inscriptus PERCIFORMES Sciaenidae Totoaba 487 Totoaba macdonaldi SILURIFORMES Pangasiidae Pangasid catfish 488 Pangasianodon gigas CLASS COELACANTHI (COELACANTHS) COELACANTHIFORMES Latimeriidae Coelacanths 489 Latimeria spp. PHYLUM ARTHROPODA CLASS INSECTA (INSECTS) LEPIDOPTERA Papilionidae Birdwing butterflies, swallowtail butterflies 490 Achillides chikae chikae 491 Achillides chikae hermeli 492 Ornithoptera alexandrae 493 Papilio homerus 494 Parides burchellanus PHYLUM MOLLUSCA 167

CLASS BIVALVIA (CLAMS AND

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CLASS BIVALVIA (CLAMS AND MUSSELS) UNIONOIDA Unionidae Freshwater mussels, pearly mussels 495 Conradilla caelata 496 Dromus dromas 497 Epioblasma curtisii 498 Epioblasma florentina 499 Epioblasma sampsonii 500 Epioblasma sulcata perobliqua 501 Epioblasma torulosa gubernaculum 502 Epioblasma torulosa torulosa 503 Epioblasma turgidula 504 Epioblasma walkeri 505 Fusconaia cuneolus 506 Fusconaia edgariana 507 Lampsilis higginsii 508 Lampsilis orbiculata orbiculata 509 Lampsilis satur 510 Lampsilis virescens 511 Plethobasus cicatricosus 512 Plethobasus cooperianus 513 Pleurobema plenum 514 Potamilus capax 515 Quadrula intermedia 516 Quadrula sparsa 517 Toxolasma cylindrella 518 Unio nickliniana 519 Unio tampicoensis tecomatensis 520 Villosa trabalis CLASS GASTROPODA (SNAILS AND CONCHES) STYLOMMATOPHORA Achatinellidae Agate snails, oahu tree snails 521 Achatinella spp. Cepolidae Helicoid terrestrial snails 522 Polymita spp.

FLORA (PLANTS)

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FLORA (PLANTS) AGAVACEAE Agaves 523 Agave parviflora APOCYNACEAE Elephant trunks, hoodias 524 Pachypodium ambongense 525 Pachypodium baronii 526 Pachypodium decaryi ARAUCARIACEAE Monkey-puzzle trees 527 Araucaria araucana CACTACEAE Cacti 528 Ariocarpus spp. 529 Astrophytum asterias 530 Aztekium ritteri 531 Coryphantha werdermannii 532 Discocactus spp. 533 Echinocereus ferreiranus ssp. lindsayorum 534 Echinocereus schmollii 535 Escobaria minima 536 Escobaria sneedii 537 Mammillaria pectinifera (Includes ssp. solisioides) 538 Melocactus conoideus 539 Melocactus deinacanthus 540 Melocactus glaucescens 541 Melocactus paucispinus 542 Obregonia denegrii 543 Pachycereus militaris 544 Pediocactus bradyi 545 Pediocactus knowltonii 546 Pediocactus paradinei 547 Pediocactus peeblesianus 548 Pediocactus sileri 169

549 Pelecyphora spp.

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550 Sclerocactus blainei 551 Sclerocactus brevihamatus ssp. tobuschii 552 Sclerocactus brevispinus 553 Sclerocactus cloverae 554 Sclerocactus erectocentrus 555 Sclerocactus glaucus 556 Sclerocactus mariposensis 557 Sclerocactus mesae-verdae 558 Sclerocactus nyensis 559 Sclerocactus papyracanthus 560 Sclerocactus pubispinus 561 Sclerocactus sileri 562 Sclerocactus wetlandicus 563 Sclerocactus wrightiae 564 Strombocactus spp. COMPOSITAE (Asteraceae) Kuth 567 Saussurea costus CUPRESSACEAE Alerce, cypresses 568 Fitzroya cupressoides 569 Pilgerodendron uviferum CYCADACEAE Cycads 570 Cycas beddomei EUPHORBIACEAE Spurges 571 Euphorbia ambovombensis 572 Euphorbia capsaintemariensis 573 Euphorbia cremersii (Includes the forma viridifolia and the variety rakotozafyi.) 574 Euphorbia cylindrifolia (Includes the subspecies tuberifera.) 575 Euphorbia decaryi (Includes the varieties ampanihyensis, robinsonii and spirosticha.) 576 Euphorbia francoisii 577 Euphorbia moratii (Includes the 170

varieties antsingiensis, bemarahensis and multiflora.)

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varieties antsingiensis, bemarahensis and multiflora.) 578 Euphorbia parvicyathophora 579 Euphorbia quartziticola 580 Euphorbia tulearensis FOUQUIERIACEAE Ocotillos 581 Fouquieriafasciculata 582 Fouquieria purpusii LEGUMINOSAE (Fabaceae) Afrormosia, Cristobal, palisander, rosewood, sandalwood 583 Dalbergia nigra LILIACEAE Aloes 584 Aloe albida 585 Aloe albiflora 586 Aloe alfredii 587 Aloe bakeri 588 Aloe bellatula 589 Aloe calcairophila 590 Aloe compressa (Includes the varieties paucituberculata, rugosquamosa and schistophila.) 591 Aloe delphinensis 592 Aloe descoingsii 593 Aloe fragilis 594 Aloe haworthioides (Includes the variety aurantiaca.) 595 Aloe helenae 596 Aloe laeta (Includes the variety maniaensis.) 597 Aloe parallelifolia 598 Aloe parvula 599 Aloe pillansii 600 Aloe polyphylla 601 Aloe rauhii 602 Aloe suzannae 603 Aloe versicolor 171

604 Aloe vossii

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604 Aloe vossii NEPENTHACEAE Pitcher-plants (Old World) 605 Nepenthes khasiana 606 Nepenthes rajah ORCHIDACEAE Orchids For all of the following Appendix-I orchid species, seedling or tissue cultures obtained in vitro, in solid or liquid media, and transported in sterile containers are not subject to the provisions of the Convention only if the specimens meet the definition of ‘artificially propagated’ agreed by the Conference of the Parties 607 Aerangis ellisii 608 Cattleya jongheana 609 Cattleya lobata 610 Dendrobium cruentum 611 Mexipedium xerophyticum 612 Paphiopedilum spp. 613 Peristeria elata 614 Phragmipedium spp. 615 Renanthera imschootiana PALMAE (Arecaceae) Palms 616 Dypsis decipiens PINACEAE Firs and pines 617 Abies guatemalensis PODOCARPACEAE Podocarps 618 Podocarpus parlatorei RUBIACEAE Ayugue 619 Balmea storniiae SARRACENIACEAE Pitcher-plants (New World) 620 Sarracenia oreophila 621 Sarracenia rubra ssp. alabamensis 622 Sarracenis rubra ssp. jonesii STANGERIACEAE Stangerias 172

623 Stangeria eriopus

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623 Stangeria eriopus ZAMIACEAE Cycads 624 Ceratozamia spp. 626 Microcycas calocoma 627 Zamia restrepoi] 173

APPENDIX II

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APPENDIX II FAUNA (ANIMALS) PHYLUM CHORDATA CLASS MAMMALIA (MAMMALS) Bovidae Antelopes, cattle, duikers, gazelles, goats, sheep, etc. 1 Ammotragus lervia 2 Budorcas taxicolor 3 Copra caucasica 4 Cephalophus brookei 5 Cephalophus dorsalis 6 Cephalophus ogilbyi 7 Cephalophus silvicultor 8 Cephalophus zebra 9 Damaliscus pygargus pygargus 10 Kobus leche 11 Ovis ammon 12 Ovis arabica 13 Ovis bocfiariensis 14 Ovis canadensis (Only the population of Mexico; no other population is included in the Appendices.) 15 Ovis collium 16 Ovis cycloceros 17 Ovis darwini 18 Ovisjubata 19 Ovis karelini 20 fris polii 21 Ovis punjabiensis 22 Ovis severtzovi 174

23 Philantomba monticola

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23 Philantomba monticola 24 Rupicapra pyrenaica ornata 25 Saiga borealis (A zero export quota for wild specimens traded for commercial purposes) 26 Saiga tatarica (A zero export quota for wild specimens traded for commercial purposes) Camelidae Camels, guanacos, vicunas 27 Lama guanicoe 28 Vicugna vicugna 1 [Only the populations of Argentina (the populations of the Provinces of Jujuy, Catamarca and Salta, and the semi-captive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja and San Juan), Chile (populations of the region of Tarapaca and of the region of Arica and Parinacota), Ecuador (the whole population), Peru (the whole population) and the Plurinational State of Bolivia (the whole population); all other populations are included in Appendix I] Cervidae Deer, huemuls, muntjacs, pudus 31 Cervus elaphus bactrianus 32 Pudu mephistophiles Giraffidae Giraffes 33 Giraffa camelopardalis Hippopotaraidae Hippopotamuses 34 Hexaprotodon liberiensis 35 Hippopotamus amphibius Moschidae Musk deer 36 Moschus spp. (Except the populations of Afghanistan, Bhutan, India, Myanmar, Nepal and Pakistan, which are included in Appendix I.) Tayassuidae Peccaries 37 Tayassuidae spp. (Except the species included in Appendix I and the populations of Pecari tajacu of Mexico and the United States of America, which are not included in the Appendices) 175

CARNIVORA

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CARNIVORA Canidae Dogs, foxes, wolves 38 Canis lupus (Except the populations of Bhutan, India, Nepal and Pakistan, which are included in Appendix I. Excludes the domesticated form and the dingo which are referenced as Canis lupus familiaris and Canis lupus dingo, respectively, which are not subject to the provisions of the Convention) 39 Cerdocyon thous 40 Chrysocyon brachyurus 41 Cuon alpinus 42 Lycalopex culpaeus 43 Lycalopex fulvipes 44 Lycalopex griseus 45 Lycalopex gymnocercus 46 Vulpes cana 47 Vulpes zerda Eupleridae Fossa, falanouc, Malagasy civets 48 Cryptoprocta ferox 49 Eupleres goudotii 50 Fossa fossana Felidae Cats Felidae spp. [Except the species included in Appendix I. Excludes specimens of the domesticated form, which are not subject to the provisions of the Convention. For Panthera leo (African populations) : a zero annual export quota is established for specimens of bones, bone pieces, bone products, claws, skeletons, skulls and teeth removed from the wild and traded for commercial purposes. Annual export quotas for trade in bones, bone pieces, bone products, claws. skeletons, skulls and teeth for commercial purposes, derived from captive breeding operations in South Africa, will be established and communicated annually to the CITES Secretariat.] Mephitidae Skunks 52 Lutrinae Conepatus humboldtii Otters 53 Lutrinae spp. (Except the species included in Appendix I) 176

Otariidae

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Otariidae Fur seals, sealions 54 Arctocephalus spp. (Except the species included in Appendix I) Phocidae Seals 55 Mirounga leonine Ursidae Bears, giant pandas 56 Ursidae spp. (Except the species included in Appendix I) Viverridae Binturong, civets, linsangs, otter- civet, palm civets 57 Cynogale bennettii 58 Hemigalus derbyanus 59 Prionodon linsang CETACEA Dolphins, porpoises, whales CETACEA SPP. (Except for the species included in Appendix I. A zero annual export quota has been established for live specimens from the Black Sea population of Tursiops truncatus removed from the wild and traded for primarily commercial purposes.) CHIROPTERA Pteropodidae Fruit bats, flying foxes 61 Acerodon spp. (Except the species included in Appendix I) 62 Pteropus spp. (Except the species included in Appendix I) CINGULATA Dasypodidae Armadillos 63 Chaetophractus nationi (A zero annual export quota has been established. All specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.) DIPROTODONTIA Macropodidae Kangaroos, wallabies 177

64 Dendrolagus inustus

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64 Dendrolagus inustus 65 Dendrolagus ursinus Phalangeridae Cuscuses 66 Phalanger intercastellanus 67 Phalanger mimicus 68 Phalanger orientalis 69 Spilocuscus kraemeri 70 Spilocuscus maculatus 71 Spilocuscus papuensis MONOTREMATA Tachyglossidae Echidnas, spiny anteaters 72 Zaglossus spp. PERISSODACTYLA Equidae Horses, wild asses, zebras 73 Equus hemionus (Except the species included in Appendix I) 74 Equus kiang 75 Equus zebra hartmannae 76 Equus zebra zebra Rhinocerotidae Rhinoceroses Ceratotherium simum simum (Only the populations of Eswatini and South Africa; all other populations are included in Appendix I. For the exclusive purpose of allowing international trade in live animals to appropriate and acceptable destinations and hunting trophies. All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.) Tapiridae Tapirs 78 Tapirus terrestris PHOLIDOTA Manidae Pangolins 79 Manis spp. (Except the species included in Appendix I) PILOSA Bradypodidae Three-toed sloths 80 Bradypus pygmaeus 178

81 Bradypus variegatus

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81 Bradypus variegatus Myrmecophagidae American anteaters 82 Myrmecophaga tridactyla PRIMATES Apes, monkeys 83 PRIMATES SPP. (Except the species included in Appendix I) PROBOSCIDEA Elephantidae Elephants 84 Loxodonta africana (Only the populations of Botswana, Namibia, South Africa and Zimbabwe; all other populations are included in Appendix I) RODENTIA Muridae Mice, rats 85 Leporillus conditor 86 Pseudomys fieldi 87 Xeromys myoides 88 Zyzomys pedunculatus Sciuridae Ground squirrels, tree squirrels 89 Ratufa spp. SCANDENTIA Tree shrews 90 SCANDENTIA SPP. CLASS AVES ANSERIFORMES Anatidae Ducks, geese, swans, etc. 91 Anas bernieri 92 Anas formosa 93 Branta ruficollis 94 Coscoroba coscoroba 95 Cygnus melancoryphas 96 Dendrocygna arborea 97 Oxyura leucocephala 98 Sarkidiornis melanotos 179

APODIFORMES Trochilidae

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APODIFORMES Trochilidae Hummingbirds 99 Trochilidae spp. (Except the species included in Appendix I) CICONIIFORMES Balaenicipitidae Shoebills, whale-headed storks 100 Balaeniceps rex Ciconiidae Storks 101 Ciconia nigra Phoenicopteridae Flamingos 102 Phoenicopteridae spp. Threskiornithidae Ibises, spoonbills 103 Eudocimus ruber 104 Geronticus calvus 105 Platalea leucorodia COLUMBIFORMES Columbidae Doves, pigeons 106 Gallicolumba luzonica 107 Goura spp. CORACIIFORMES Bucerotidae Hornbills 108 Aceros spp. (Except the species included in Appendix I) 109 Anorrhinus spp. 112 Buceros spp. (Except the species included in Appendix I) 113 Penelopides spp. 114 Rhyticeros spp. (Except the species included in Appendix I) CUCULIFORMES Musophagidae 180

115 Tauraco spp.

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FALCONIFORMES Eagles, falcons, hawks, vultures 116 FALCONIFORMES SPP. (Except Caracara lutosa and the species of the family Cathartidae, which are not included in the Appendices; and the species included in Appendices I and III) GALLIFORMES Phasianidae Grouse, guineafowl, partridges, peafowl, pheasants, tragopaus 117 Argusianus argus 118 Gallus sonneratii 119 lihaginis emeritus 120 Paw muticus 121 Polyplectron bicalcaratum 122 Polyplectron germaini 123 Polyplectron malacense 124 Polyplectron schleiermacheri 125 Syrmaticus reevesii 126 Tympanuchus cupido attwateri GRUIFORMES Gruidae Cranes 127 Gruidae spp. (Except the species included in Appendix I) Otididae Bustards 128 Otididae spp. (Except the species included in Appendix I) PASSERIFORMES Cotingidae Cotingas 129 Rupicola spp. Emberizidae Cardinals, tanagers 130 Gubernatrlx cristata 131 Paroaria capitata 132 Paroaria coronata 133 Tangara fastuosa 181

Estrildidae

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Estrildidae Mannikins, waxbills 134 Amandava formosa 135 Lonchura oryzivora 136 Poephila cincta cincta Fringillidae Finches 137 Carduelis yarrellii Meliphagidae Honeyeaters 138 Lichenostomus melanops cassidix Muscicapidae Old-world flycatchers 139 Cyornis ruckii 140 Dasyornis broadbenti litoralis 141 Dasyornis longirostris 142 Garrulax canorus 143 Garrulax taewanus 144 Leiothrix argentauris 145 Leiothrix lutea 146 Liocichla omeiensis Paradisaeidae Birds of paradise 147 Paradisaeidae spp. Pittidae Pittas 148 Pitta guajana 149 Pitta nympha Pycnonotidae Bulbuls 150 Pycnonotus zeylanicus Sturnidae Mynas, starlings 151 Gracula religiosa PICIFORMES Ramphastidae Toucans 152 Pteroglossus aracari 153 Pteroglossus viridis 154 Ramphastos sulfuratus 155 Ramphastos toco 156 Ramphastos tucanus 182

157 Ramphastos vitellinus

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157 Ramphastos vitellinus 158 PSITTACIFORMES PSITTACIFORMES SPP. (Except for the species included in Appendix I and Agapornis roseicollis, Melopsittacus undulatus, Nymphicus hollandicus and Psittacula krameri, which are not included in the Appendices.) RHEIFORMES Rheidae Rheas 159 Pterocnemia pennata pennata 160 Rhea americana SPHENISCIFORMES Spheniscidae Penguins 161 Spheniscus demersiis STRIGIFORMES Owls 162 STRIGIFORMES SPP. (Except Sceloglaux albifacies and the species included in Appendix I.) CLASS REPTILIA CROCODYLIA Alligators, caimans, crocodiles 163 CROCODYLIA SPP. (Except the species included in Appendix I) SAURIA Agamidae Spiny-tailed lizards, agamas 164 Ceratophora aspera (Zero export quota for wild specimens for commercial purposes) 165 Ceratophora stoddartii (Zero export quota for wild specimens for commercial purposes) 166 Lyriocephalus scittatus (Zero export quota for wild specimens for commercial purposes) 167 Saara spp. Anguidae Alligator lizards 169 Abronia spp. (Except the species included in Appendix I. Zero export quota for wild specimens for Abronia aurita A. gaiophantasma, A. montecristoi, A. salvadorenis and A. vasconcelosii) 183

Chamaeleonidae

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Chamaeleonidae Chameleons 170 Archaius spp. 172 Brookesia spp. (Except the species included in Appendix I) 173 Calumma spp. Cordylidae Spiny-tailed lizards 182 Cordylus spp. Eublepharidae Eyelid geckos 190 Goniurosaurus spp. (Except the species native to Japan) Gekkonidae Geckos 191 Gekko gecko 192 Nactus serpensinsula 193 Naultinus spp. 194 Paroedura androyensis 195 Paroedura masobe 196 Phelsuma spp. Helodermatidae Beaded lizards, Gila monsters 184

199 Heloderma spp. (Except the subspecies included in Appendix I)

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199 Heloderma spp. (Except the subspecies included in Appendix I) Iguanidae Iguanas 200 Amblyrhynchus cristatus 201 Conolophus spp. 204 Phrynosoma blainvillii 205 Phrynosoma cerroense 206 Phrynosoma coronation 207 Phrynosoma wigginsi Lacertidae Lizards 208 Podarcis lilfordi 209 Podarcis pityusensis Lanthanotidae Earless monitor lizards 210 Lanthanotidae spp. (Zero export quota for wild specimens for commercial purposes.) Polychrotidae Scincidae Skinks 211 Corucia zebrata Teiidae Caiman lizards, tegu lizards 212 Crocodilurus amazonicus 213 Dracaena spp. Varanidae Monitor lizards 216 Varanus spp. (Except the species included in Appendix I) SERPENTES Boidae Boas 217 Boidae spp. (Except the species included in Appendix I) Bolyeriidae Round Island boas 185

218 Bolyeriidae spp.

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218 Bolyeriidae spp. (Except the species included in Appendix I) Colubridae Typical snakes, water snakes, whipsnakes 219 Clelia clelia 220 Cyclagras gigas 221 Elachistodon westermanni 222 Ptyas mucosus Elapidae Cobras, coral snakes 223 Hoplocephalus bungaroides 224 Naja atra 225 Naja kaouthia 226 Naja mandalayensis 227 Naja naja 228 Naja oxiana 229 Naja philippinensis 230 Naja sagittifera 231 Naja samarensis 232 Naja siamensis 233 Naja sputatrix 234 Naja sumatrana 235 Ophiophagus hannah Loxocemidae Mexican dwarf boas 236 Loxocemidae spp. Pythonidae Pythons 237 Pythonidae spp. (Except the species included in Appendix I) Tropidophiidae Wood boas 238 Tropidophiidae spp. Viperidae Vipers 239 Athens desaixi 240 Bitis worthingtoni 241 Pseudocerastes urarachnoides 242 Trimeresurus mangshanensis 243 Vipera wagneri TESTUDINES Carettochelyidae 186

Pig-nosed turtles

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Pig-nosed turtles 244 Carettochelys insculpta Chelidae Austro-American sideneck turtles 245 Chelodina mccordi (Zero export quota for specimens from the wild.) Dermatemydidae Central American river turtles 246 Dermatemys mawii Emydidae Box turtles, freshwater turtles 247 Clemmys guttata 248 Emydoidea blandingii 249 Glyptemys insculpta 250 Malaclemys terrapin 251 Terrapene spp. (Except the species included in Appendix I) Geoemydidae Box turtles, freshwater turtles 252 Batagur borneoensis (Zero quota for wild specimens for commercial purposes.) 253 Batagur dhongoka 254 Batagur kachuga 255 Batagur trivittata (Zero quota for wild specimens for commercial purposes.) 256 Cuora spp. (Except the species included in Appendix I; zero quota for wild specimens for commercial purposes for Cuora aurocapitata, C. flavomarginata, C. galbinifrons, C. mccordi, C. mouhotii, C. pani, C. trifasciata, C. yunnanensis and C. zhoui.) 257 Cyclemys spp. 258 Geoemyda japonica 259 Geoemyda spengleri 260 Hardella thurjii 261 Heosemys annandalii (Zero quota for wild specimens for commercial purposes.) 262 Heosemys depressa (Zero quota for wild specimens for commercial purposes.) 263 Heosemys grandis 264 Heosemys spinosa 265 Leucocephalon yuwonoi 187

266 Malayemys macrocephala

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266 Malayemys macrocephala 267 Malayemys subtrijuga 268 Mau remys japonica 269 Mauremys mutica 270 Mauremys nigricans 271 Melanochelys trijuga 272 Morenia peter si 273 Notochelys platynota 274 Orlitia borneensis (Zero quota for wild specimens for commercial purposes.) 275 Pangshura spp. (Except the species included in Appendix I) 276 Sacalia bealei 277 Sacalia quadriocellata 278 Siebenroctiella crassicollis 279 Siebenrockiella leytensis 280 Vijayachelys silvatica Podocnemididae Afro-American sideneck turtles 281 Erymnochelys madagascariensis 282 Peltocephalus dumerilianus 283 Podocnemis spp. Testudinidae Tortoises 284 Testudinidae spp. (Except for the species included in Appendix I. A zero annual export quota has been established for Centrochelys sulcata for specimens removed from the wild and traded for primarily commercial purposes.) Trionychidae Softshell turtles 285 Amyda cartilaginea 286 Chitra spp. (Except the species included in Appendix I.) 287 Cyclanorbis elegans 288 Cyclanorbis senegaiensis 289 Cycloderma aubryi 290 Cyclodermafrenatum 291 Dogania subplana 292 Lissemys ceylonensis 188

293 Lissemys punctata

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293 Lissemys punctata 294 Lissemys scutata 295 Nilssonia formosa 296 Nilssonia leithii 297 Palea steindachneri 298 Pelochelys spp. 299 Pelodiscus axenaria 300 Pelodiscus maackii 301 Pelodiscus parviformis 302 Rafetus euphraticus 303 Rafetus swinhoei 304 Trionyx triunguis CLASS AMPHIBIA ANURA Aromobatidae Cryptic forest frogs 305 Allobates femoralis 306 Allobates hodli 307 Allobates myersi 308 Allobates zaparo 309 Anomaloglossus rufuhts Dendrobatidae Poison frogs 310 Adelphobates spp. 316 Hyloxalus azureiventris 317 Minyabates spp. Dicroglossidae Frogs 321 Euphlyctis hexadactylus 322 Hoplobatrachus tigerinus Hylidae Tree frogs 189

323 Agalychnis spp.

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Mantellidae Mantella frogs 324 Mantella spp. Microhylidae Tomato frogs 325 Dyscophus antongilii 326 Dyscophus guineti 327 Dyscophus insularis 328 Scaphiophryne boribory 329 Scaphiophryne gottlebei 330 Scaphiophryne marmorata 331 Scaphiophryne spinosa Myobatrachidae Gastric-brooding frogs 332 Rheobatrachus spp. (Except Rheobatrachus silus and Rheobatrachus vitellinus which are not included in the Appendices) CAUDATA Ambystomatidae Axolotls, mole salamanders 333 Ambystoma dumerilii 334 Ambystoma mexicanum Salamandridae Newts and salamanders 335 Echinotriton chinhaiensis 336 Echinotriton maxiquadratus 337 Paramesotriton spp. CLASS ELASMOBRANCHH (SHARKS) CARCHARHINIFORMES Carcharhinidae Requiem sharks 339 Carcharhinus falciformis 340 Carcharhinus longunanus Sphyrnidae Hammerhead sharks 341 Sphyrna lewini 342 Sphyrna mokarran 343 Sphyrna zygaena 190

LAMNIFORMES

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LAMNIFORMES Alopiidae Thresher sharks 344 Alopias spp. Cetorhinidae Basking sharks 345 Cetorhinus maximus Lamnidae Mackerel sharks 346 Carcharodon carcharias 347 hums oxyrinchus 348 Isurus paucus 349 Lamna nasus MYLIOBATIFORMES Myliobatidae Eagle and mobulid rays 350 Manta spp. ORECTOLOBIFORMES Rhincodontidae Whale sharks 352 Rhincodon typus RHINOPRISTIFORMES Glaucostegidae Guitarfishes 353 Glaucostegus spp. Rhinidae Wedgefishes 354 Rhinidae spp. CLASS ACTINOPTERI (FISHES) ACIPENSERIFORMES 355 ACIPENSERIFORMES SPP. ANGUILLIFORMES (Except the species included in Appendix I) Anguillidae Freshwater eels 356 Anguilla anguilla CYPRINIFORMES Cyprinidae Carps 357 Caecobarbus geertsii 191

OSTEOGLOSSIFORMES

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OSTEOGLOSSIFORMES Arapaimidae Arapaimas 358 Arapaima gigas PERCIFORMES Labridae Wrasses 359 Cheilinus undulatus Pomacanthidae Angelfishes 360 Holacanthus clarionensis SYNGNATHIFORMES Syngnathidae Pipefishes, seahorses 361 Hippocampus spp. CLASS DIPNEUSTI (LUNGFISHES) CERATODONTIFORMES Neoceratodontidae Australian lungfishes 362 Neoceratodus forsteri PHYLUM ECHINODERMATA CLASS HOLOTHUROIDEA (SEA CUCUMBERS) HOLOTHURIIDA Holothuriidae Teatfishes, Sea cucumbers 363 Holothuria fuscogilva 364 Holothuria nobilis 365 Holothuria whitmaei PHYLUM ARTHROPODA CLASS ARACHNIDA (SCORPIONS AND SPIDERS) ARANEAE 192

Theraphosidae

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Theraphosidae Red-kneed tarantulas, tarantulas 366 Aphonopelma albiceps 367 Aphonopelma pallidum 368 Brachypelma spp. SCORPIONES Scorpionidae Scorpions 370 Pandinus camerounensis 371 Pandinus dictator 372 Pandinus gambiensis 373 Pandinus imperator 374 Pandinus roeseli CLASS INSECTA (INSECTS) COLEOPTERA Scarabaeidae Scarab beetles 375 Dynastes satanas LEPIDOPTERA Papilionidae Birdwing butterflies, swallowtail butterflies 376 Atrophaneura jophon 377 Atrophaneura pandiyana 378 Bhutanitis spp. 379 Ornithoptera spp. (Except the species included in Appendix I) 380 Papilio hospiton 381 Parnassius apollo 382 Teinopalpus spp. PHYLUM ANNELIDA CLASS HIRUDINOIDEA (LEECHES) ARHYNCHOBDELLIDA Hirudinidae 193

Medicinal leeches

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Medicinal leeches 385 Hirudo medicinalis 386 Himdo verbana PHYLUM MOLLUSCA CLASS BIVALVIA (CLAMS AND MUSSELS) MYTILOIDA Mytilidae Marine mussels 387 Lithophaga lithophaga UNIONOIDA Unionidae Freshwater mussels, pearly mussels 388 Cyprogenia aberti 389 Epioblasma tondosa rangiana 390 VENEROIDA Pleurobema clava Tridacnidae Giant clams 391 Tridacnidae spp. CLASS CEPHALOPODA (SQUIDS, OCTOPUSES, CUTTLEFISH) NAUTILIDA Nautilidae Chambered nautilus 392 Nautilidae spp. CLASS GASTROPODA (SNAILS AND CONCHES) MESOGASTROPODA Strombidae True conchs 393 Strombus gigas STYLOMMATOPHORA Camaenidae Green tree snails 194

394 Papustyla pulcherrima

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394 Papustyla pulcherrima PHYLUM CNIDARIA CLASS ANTHOZOA (CORALS AND SEA ANEMONES) ANTIPATHARIA Black corals 395 ANTIPATHARIA SPP. HELIOPORACEA Helioporidae Blue corals 396 Helioporidae spp. (Includes only the species Heliopora coerulea. Fossils are not subject to the provisions of the Convention) SCLERACTINIA Stony corals 397 SCLERACTINIA SPP. (Fossils are not subject to the provisions of the Convention) STOLONIFERA Tubiporidae Organ-pipe corals 398 Tubiporidae spp. (Fossils are not subject to the provisions of the Convention) CLASS HYDROZOA (SEA FERNS, FIRE CORALS AND STINGING MEDUSAE) MILLEPORINA Milleporidae Fire corals 399 Milleporidae spp. (Fossils are not subject to the provisions of the Convention) STYLASTERINA Stylasteridae Lace corals 400 Stylasteridae spp. (Fossils are not subject to the provisions of the Convention FLORA (PLANTS) 195

AGAVACEAE

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AGAVACEAE Agaves #4 401 Agave victoriae-reginae 402 Nolina interrata 403 Yucca queretaroensis AMARYLLIDACEAE Snowdrops, sternbergias 4 404 Galanthus spp.# #4 405 Sternbergia spp. ANACARDIACEAE Cashews 406 Operculicarya decaryi 407 Operculicarya hyphaenoides 408 Operculicarya pachypus APOCYNACEAE Elephant trunks, hoodias #4 409 Hoodia spp. #4 410 Pachypodium spp. (Except the species included in Appendix I) #2 411 Rauvolfia serpentina ARALIACEAE Ginseng #3 412 Panax ginseng (Only the population of the Russian Federation; no other population is included in the Appendices.) #3 413 Panax quinquefolius ASPARAGACEAE Includes ponytail palms 414 Beaucamea spp. BERBERIDACEAE May-apple #2 415 Podophyllum hexandrum BROMELIACEAE Air plants, bromelias #4 416 Tillandsia harrisii #4 417 Tillandsia kammii #4 418 Tillandsia xerographica CACTACEAE Cacti 9 4 419 CACTACEAE SPP. * (Except the species included in Appendix I and except Pereskia spp., Pereskiopsis spp. and Quiabentia spp.) CARYOCARACEAE 196

420 Caryocar costaricense

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Ajo #4 420 Caryocar costaricense CUCURBITACEAE Melons, gourds, cucurbits 421 Zygosicyos pubescens 422 Zygosicyos tripartitus CUPRESSACEAE Alerce, cypresses 423 Widdringtonia whytei CYATHEACEAE Tree-ferns #4 424 Cyaihea spp. CYCADACEAE Cycads #4 425 CYCADACEAE SPP. (Except the species included in Appendix I) DICKSONIACEAE Tree-ferns #4 426 Cibotium barometz #4 427 Dicksonia spp. (Only the populations of the Americas; no other population is included in the Appendices) DIDIEREACEAE Alluaudias, didiereas #4 428 DIDIEREACEAE SPP. DIOSCOREACEAE Elephant's foot, kniss #4 429 Dioscorea deltoidea DROSERACEAE Venus' flytrap #4 430 Dionaea muscipula EBENACEAE Ebonies #5 431 Diospyros spp. (Populations of Madagascar.) EUPHORBIACEAE Spurges 197

432 Euphorbia spp.

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#4 432 Euphorbia spp. (Succulent species only except Euphorbia misera and the species included in Appendix I. Artificially propagated specimens of cultivars of Euphorbia trigona, artificially propagated specimens of crested, fanshaped or colour mutants of Euphorbia lactea, when grafted on artificially propagated root stock of Euphorbia neriifolia, and artificially propagated specimens of cultivars of Euphorbia ‘Milii’ when they are traded in shipments of 100 or more plants and readily recognizable as artificially propagated specimens, are not subject to the provisions of the Convention.) FOUQUIERIACEAE Ocotillos #4 433 Fouquieria columnaris JUGLANDACEAE Gavilan 434 Oreomunneapterocarpa #4 LAURACEAE Laurels #12 435 Aniba rosaeodora LEGUMNOSAE (Fabaceae) Afrormosia, Cristobal, palisander, rosewood, sandalwood #15 436 Dalbergia spp. (Except for the species listed in Appendix I and Dalbergia sissoo and Dalbergia latifolia) #15 437 Guibourtia demeusei #15 438 Guibourtia pellegriniana #15 439 Guibourtia tessmannii #10 440 Paubrasilia echinata #17 441 Pericopsis elata #4 442 Platymiscium parviflorum 443 Pterocarpus erinaceus #7 444 Pterocarpus santalinus #6 445 Pterocarpus tinctorius 446 Senna meridionalis LILIACEAE Aloes #4 447 Aloe spp. (Except the species included in Appendix I. Also excludes Aloe vera, also referenced as Aloe barbadensis which is not included in the Appendices.) MALVACEAE Includes baobabs 198

448 Adansonia grandidieri

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#16 448 Adansonia grandidieri MELIACEAE Mahoganies, West Indian cedar #4 449 Cedrela spp. (Populations of the Neotropics) #4 450 Swietenia humilis 6 451 Swietenia macrophylla * (Populations of the Neotropics) #5 452 Swietenia mahagoni NEPENTHACEAE Pitcher-plants (Old World) #4 453 Nepenthes spp. (Except the species included in Appendix I) ORCHIDACEAE Orchids #4 454 ORCHIDACEAE SPP. 10 (Except for the species included in Appendix I) OROBANCHACEAE Broomrapes #4 455 Cistanche deserticola PALMAE (Arecaceae) Palms #4 456 Beccariophoenix madagascariensis 4 457 Dypsis decaryi * #4 458 Lemurophoenix halleuxii 459 Marojejya darianii 460 Ravenea louvelii 461 Ravenea rivularis 462 Satranala decussilvae 463 Voanioala gerardii PASSIFLORACEAE Passion-flowers 464 Adenia firingalavensis 465 Adenia olaboensis 466 Adenia subsessilifolia PEDALIACEAE Sesames 467 Uncarina grandidieri 468 Uncarina stellulifera PORTULACACEAE Lewisias, portulacas, purslanes #4 469 Anacampseros spp. #4 470 Avonia spp.

471 Lewisia serrata

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#4 471 Lewisia serrata PRIMULACEAE Cyclamens ll,#4 472 Cyclamen spy. RANUNCULACEAE Golden seals, yellow adonis, yellow root #2 473 Adonis vernalis #8 474 Hydrastis canadensis ROSACEAE African cherry, stinkwood #4 475 Prunus africana SANTALACEAE Sandalwoods #2 476 Osyris lanceolata (Populations of Burundi, Ethiopia, Kenya, Rwanda, Uganda and the United Republic of Tanzania.) SARRACENIACEAE Pitcher-plants (New World) #4 477 Sarracenia spp. (Except the species included in Appendix I) SCROPHULARIACEAE Kutki #2 478 Picrorhiza kurrooa (Excludes Picrorhiza scrophulariiflora) STANGERIACEAE Stangerias #4 479 Bowenia spp. TAXACEAE Himalayan yew #2 480 Taxus chinensis (Includes infraspecif ic taxa of this species) 12,#2 481 Taxus cuspidata (Includes infraspecific taxa of this species) #2 482 Taxus fuana (Includes infraspecific taxa of this species.) #2 483 Taxus sumatrana (Includes infraspecific taxa of this species.) #2 484 Taxus wallichiana THYMELAEACEAE (Aquilariaceae) Agarwood, ramin #14 485 Aquilaria spp.

486 Gonystylus spp.

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m 486 Gonystylus spp. #14 487 Gyrinops spp. VALERIANACEAE Himalayan spikenard ffi 488 Nardostachys grandiflora VITACEAE Grapes 489 Cyphostemma elephantopus 490 Cyphostemma laza 491 Cyphostemma montagnacii WELWITSCfflACEAE Welwitschia #4 492 Welwitschia mirabilis ZAMIACEAE Cycads #4 493 ZAMIACEAESPP. (Except the species included in Appendix I) ZINGIBERACEAE Ginger lily, Natal ginger #4 494 Hedychium philippinense #4 495 Siphonochilus aethiopicus (Populations of Mozambique, South Africa, Eswatini and Zimbabwe.) ZYGOPHYLLACEAE Lignum-vitae #4 496 Bulnesia sarmientoi #2 497 Guaiacum spp. ] 201

APPENDIX III

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APPENDIX III FAUNA (ANIMALS) PHYLUM CHORDATA CLASS MAMMALIA (MAMMALS) ARTIODACTYLA Bovidae Antelopes, cattle, duikers, gazelles, goats, sheep, etc. 1 Antilope cervicapra (Nepal, Pakistan) 2 Boselaphus tragocamelus (Pakistan) 3 Bubalus arnee (Excludes the domesticated form, which is referenced as Bubalus bubalis and is not subject to the provisions of the Convention.) (Nepal) 4 Capra hircus aegagrus (Specimens of the domesticated form are not subject to the provisions of the Convention.) (Pakistan) 5 Capra sibirica (Pakistan) 6 Gazella bennettii (Pakistan) 7 Gazella dorcas (Algeria, Tunisia) 8 Pseudois nayaur (Pakistan) 9 Cervidae Tetracerus quadricomis (Nepal) Deer, huemuls, muntjacs, pudus 10 Axis porcinus (Except the subspecies included in Appendix I) (Pakistan) 11 Cervus elaphus barbarus (Algeria, Tunisia) 12 Mazama temama cerasina (Guatemala) 13 CARNIVORA Canidae Odocoileus virginianus mayensis (Guatemala) Dogs, foxes, wolves 14 Canis aureus (India) 15 Vulpes bengalensis (India) 16 Vulpes vulpes griffithi (India) 17 Vulpes vulpes montana (India) 18 Vulpes vulpes pusilla (India) Herpestidae Mongooses 19 Herpestes edwardsi (India, Pakistan) 20 Herpestes fuscus (India) 21 Herpestes javanicus (Pakistan) 22 Herpestes javanicus auropunctatus (India) 23 Herpestes smithii (India) 24 Herpestes urva (India) 25 Hyaenidae Herpestes vitticollis (India) Aardwolf, hyenas 202

26 Hyaena hyaena (Pakistan)

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26 Hyaena hyaena (Pakistan) 27 Proteles cristata (Botswana) Mustelinae Grisons, honey badgers, martens, tayra, weasels 28 Eira barbara (Honduras) 29 Martes flavigula (India) 30 Martes foina intermedia (India) 31 Martes gwatkinsii (India) 32 Mellivora capensis (Botswana) 33 Mustela altaica (India) 34 Mustela ermineaferghanae (India) 35 Mustela kathiah (India) 36 Mustela sibirica (India) Odobenidae Walruses 37 Odobenus rosmarus (Canada) Procyonidae Coatis, kinkajous, olingos 38 Nasua narica (Honduras) 39 Nasua nasua solitaria (Uruguay) 40 Potosflavus (Honduras) Viverridae Binturong, civets, linsangs, otter-civet, palm civets 41 Arctictis binturong (India) 42 Civettictis civetta (Botswana) 43 Paguma larvata (India) 44 Paradoxurus hermaphroditus (India) 45 Paradoxurus jerdoni (India) 46 Viverra civettina (India) 47 Viverra zibetha (India) 48 Viverricula indica (India) CHIROPTERA Phyllostomidae Broad-nosed bats 49 Platyrrhinus lineatus (Uruguay) CINGULATA Dasypodidae Armadillos 50 Cabassous tatouay (Uruguay) 203

Myrmecophagidae

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PILOSA Myrmecophagidae American anteaters 51 Tamandua mexicana (Guatemala) RODENTIA Cuniculidae Pacas 52 Cuniculus paca (Honduras) Dasyproctidae Agoutis 53 Dasyprocta punctata (Honduras) Erethizontidae New-world porcupines 54 Sphiggurus mexicanus (Honduras) 55 Sphiggurus spinosus (Uruguay) Sciuridae Ground squirrels, tree squirrels 56 Marmota caudata (India) 57 Marmota himalayana (India) CLASS AVES ANSERIFORMES Anatidae Ducks, geese, swans, etc. 58 Dendrocygna autumnalis (Honduras) 59 Dendrocygna bicolor (Honduras) CHARADRIIFORMES Burhinidae Thick-knees 60 Burhinus bistriatus (Guatemala) COLUMBIFORMES Columbidae Doves, pigeons 61 Nesoenas mayeri (Mauritius) FALCONIFORMES Eagles, falcons, hawks, vultures Cathartidae New-world vultures 62 Sarcoramphus papa (Honduras) 204

GALLIFORMES

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GALLIFORMES Cracidae Chachalacas, currassows, guans 63 Crax alberti (Colombia) 64 Crax daubentoni (Colombia) 65 Crax globulosa (Colombia) 66 Crax rubra (Colombia, Guatemala, Honduras) 67 Ortalis vetula (Guatemala, Honduras) 68 Pauxi pauxi (Colombia) 69 Penelope purpurascens (Honduras) 70 Penelopina nigra (Guatemala) Phasianidae Grouse, guineafowl, partridges, peafowl, pheasants, tragopans 71 Lophura leucomelanos (Pakistan) 72 Meleagris ocellata (Guatemala) 73 Pavo cristatus (Pakistan) 74 Pucrasia macrolopha (Pakistan) 75 Tragopan satyra (Nepal) PASSERIFORMES Alaudidae Larks 76 Alauda arvensis (Population of Ukraine) (Ukraine) 77 Galerida cristata (Population of Ukraine) (Ukraine) 78 Lullula arborea (Population of Ukraine) (Ukraine) 79 Melanocorypha calandra (Population of Ukraine) (Ukraine) Cotingidae Cotingas 80 Cephalopterus omatus (Colombia) 81 Cephalopterus penduliger (Colombia) Emberizidae Cardinals, tanagers 82 Emberiza citrinella (Population of Ukraine) (Ukraine) 83 Emberiza hortulana (Population of Ukraine) (Ukraine) Fringillidae Finches 84 Carduelis cannabina (Population of Ukraine) (Ukraine) 205

85 Carduelis carduelis (Population of Ukraine) (Ukraine)

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85 Carduelis carduelis (Population of Ukraine) (Ukraine) 86 Carduelis flammea (Population of Ukraine) (Ukraine) 87 Carduelis homemanni (Population of Ukraine) (Ukraine) 88 Carduelis spinus (Population of Ukraine) (Ukraine) 89 Carpodacus erythrinus (Population of Ukraine) (Ukraine) 90 Loxia curvirostra (Population of Ukraine) (Ukraine) 91 Pyrrhula pyrrhula (Population of Ukraine) (Ukraine) 92 Serinus serinus (Population of Ukraine) (Ukraine) Muscicapidae Old-world flycatchers 93 Acrocephalus rodericanus (Mauritius) 94 Erithacus rubecula (Population of Ukraine)(Ukraine) 95 Ficedula parva (Population of Ukraine)(Ukraine) (Ukraine) 96 Hippolais icterina (Population of Ukraine) (Ukraine) 97 Luscinia luscinia (Population of Ukraine) (Ukraine) 98 Luscinia megarhynchos (Population of Ukraine) (Ukraine) 99 Luscinia svecica (Population of Ukraine) (Ukraine) 100 Monticola saxatilis (Population of Ukraine) (Ukraine) 101 Sylvia atricapilla (Population of Ukraine) (Ukraine) 102 Sylvia borin (Population of Ukraine) (Ukraine) 103 Sylvia curruca (Population of Ukraine) (Ukraine) 104 Sylvia nisoria (Population of Ukraine) (Ukraine) 105 Terpsiphone bourbonnensis (Mauritius) 106 Tardus merula (Population of Ukraine) (Ukraine) 107 Tardus philomelos (Population of Ukraine) (Ukraine) Oriolidae Orioles 108 Oriolus oriolus (Population of Ukraine) (Ukraine) Paridae Tits 109 Parus ater (Population of Ukraine) (Ukraine) Troglodytidae Wrens 110 Troglodytes troglodytes (Population of Ukraine) (Ukraine) PICIFORMES Capitonidae Barbets 111 Semnomis ramphastinus (Colombia) Ramphastidae Toucans 206

112 Baillonius bailloni (Argentina)

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112 Baillonius bailloni (Argentina) 113 Pteroglossus castanotis (Argentina) 114 Ramphastosdicolorus (Argentina) 115 Selenidera rhaculirostris (Argentina) SAURIA Agamidae Spiny-tailed lizards, agamas 116 Calotes ceylonensis (Sri Lanka) 117 Calotes desilvai (Sri Lanka) 118 Calotes liocephalus (Sri Lanka) 119 Calotes liolepis (Sri Lanka) 120 Calotes manamendrai (Sri Lanka) 121 Calotes nigrilabris (Sri Lanka) 122 Calotes pethiyagodai (Sri Lanka) Eublepharidae Eyelid geckos #18 123 Goniurosaurus kuroiwae (Japan) #18 124 Goniurosaurus orientalis (Japan) #18 125 Goniurosaurus sengokui (Japan) #18 126 Goniurosaurus splendens (Japan) #18 127 Goniurosaurus toyamai (Japan) #18 128 Goniurosaurus yamashinae (Japan) Gekkonidae Geckos 129 Dactylocnemis spp. (New Zealand) 130 Hoplodactylus spp. (New Zealand) 131 Mokopirirakau spp. (New Zealand) 132 Sphaerodactylus armasi (Cuba) 133 Sphaerodactylus celicara (Cuba) 134 Sphaerodactylus dimorphicus (Cuba) 135 Sphaerodactylus intermedius (Cuba) 136 Sphaerodactylus nigropunctatus alayoi (Cuba) 137 Sphaerodactylus nigropunctatus granti (Cuba) 138 Sphaerodactylus nigropunctatus lissodesmus (Cuba) 139 Sphaerodactylus nigropunctatus ocujal (Cuba) 140 Sphaerodactylus nigropunctatus strategus (Cuba) 141 Sphaerodactylus notatus atactus (Cuba) 142 Sphaerodactylus oliveri (Cuba) 143 Sphaerodactylus pimienta (Cuba) 144 Sphaerodactylus ruibali (Cuba) 145 Sphaerodactylus siboney (Cuba) 207

146 Sphaerodactylus torrei (Cuba)

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146 Sphaerodactylus torrei (Cuba) 147 Toropuku spp. (New Zealand) 148 Tukutuku ssp. (New Zealand) 149 Woodworthia spp. (New Zealand) Polychrotidae Anoles 150 Anolis agueroi (Cuba) 151 Anolis baracoae (Cuba) 152 Anolis barbatus (Cuba) 153 Anolis chamaeleonides (Cuba) 154 Anolis equestris (Cuba) 155 Anolis guamuhaya (Cuba) 156 Anolis luteogularis (Cuba) 157 Anolis pigmaequestris (Cuba) 158 Anolis porcus (Cuba) SERPENTES Colubridae Typical snakes, water snakes, whipsnakes 159 Atretium schistosum (India) 160 Cerberus rynchops (India) 161 Xenochrophis piscator (India) 162 Xenochrophis schnurrenbergeri (India) 163 Xenochrophis tytleri (India) Elapidae Cobras, coral snakes 164 Micrurus diastema (Honduras) 165 Micrurus nigrocinctus (Honduras) 166 Micrurus ruatanus (Honduras) Viperidae Vipers 167 Crotalus durissus (Honduras) 168 Daboia russelii (India) TESTUDINES Chelydridae Snapping turtles 169 Chelydra serpentina (United States of America) 170 Macrochelys temminckii (United States of America) Emydidae Box turtles, freshwater turtles 171 Emys orbicularis (Population of Ukraine) 172 Graptemys spp. (United States of America) 208

Geoemydidae

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Geoemydidae Box turtles, freshwater turtles 173 Mauremys iversoni (China) 174 Mauremys megalocephala (China) 175 Mauremys pritchardi (China) 176 Mauremys reevesii (China) 177 Mauremys sinensis (China) 178 Ocadia glyphistoma (China) 179 Ocadia philippeni (China) 180 Sacalia pseudocellata (China) Trionychidae Softshell turtles 181 Apaloneferox (United States of America) 182 Apalone mutica (United States of America) 183 Apalone spinifera (Except the subspecies included in Appendix I) (United States of America) CLASS AMPHIBIA ANURA Calyptocephalellidae Chilean toads 184 Calyptocephalella gayi (Chile) CAUDATA Cryptobranchidae Giant salamanders 185 Cryptobranchus alleganiensis (United States of America) Hynobiidae Asiatic salamanders 186 Hynobius amjiensis (China) Salamandridae Newts and salamanders #18 187 Echinotriton andersoni (Japan) 188 Salamandra algira (Algeria) CLASS ELASMOBRANCHII (SHARKS) MYLIOBATIFORMES Potamotrygonidae Freshwater stingrays 209

189 Paratrygon aiereba (Colombia)

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189 Paratrygon aiereba (Colombia) 190 Potamotrygon spp. (Population of Brazil) (Brazil) 191 Potamotrygon constellata (Colombia) 192 Potamotrygon magdalenae (Colombia) 193 Potamotrygon motoro (Colombia) 194 Potamotrygon orbignyi (Colombia) 195 Potamotrygon schroederi (Colombia) 196 Potamotrygon scobina (Colombia) 197 Potamotrygon yepezi (Colombia) CLASS ACTINOPTERI (FISHES) SILURIFORMES Loricariidae Armoured catfishes 198 Hypancistrus zebra (Brazil) PHYLUM ECHINODERMATA CLASS HOLOTHUROIDEA (SEA CUCUMBERS) ASPIDOCHIROTIDA Stichopodidae Sea cucumbers 199 Isostichopus fuscus (Ecuador) PHYLUM ARTHROPODA CLASS INSECTA (INSECTS) COLEOPTERA Lucanidae Stag beetles 200 Colophon spp. (South Africa) LEPIDOPTERA Nymphalidae Brush-footed butterflies 201 Agrias amydon boliviensis (Plurinational State of Bolivia) 202 Morpho godartii lachaumei (Plurinational State of Bolivia) 210

203 Prepona praeneste buckleyana (Plurinational State of

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203 Prepona praeneste buckleyana (Plurinational State of Bolivia) PHYLUM CNIDARIA CLASS ANTHOZOA (CORALS AND SEA ANEMONES) GORGONACEA Coralliidae Red and pink corals 204 Corallium elatius (China) 205 Corallium japonicwn (China) 206 Corallium konjoi (China) 207 Corallium secundum (China) FLORA (PLANTS) FAGACEAE Beeches #5 208 Quercus mongolica (Russian Federation) GNETACEAE Gnetums #1 209 Gnetum montanum (Nepal) LEGUMINOSAE (Fabaceae) Afrormosia, Cristobal, palisander, rosewood, sandalwood 210 Dipteryx panamensis (Costa Rica, Nicaragua) MAGNOLIACEAE Magnolias #1 211 Magnolia liliifera var. obovata (Nepal) OLEACEAE Ashes, etc. #5 212 Fraxinus mandshurica (Russian Federation) PALMAE (Arecaceae) Palms 211

213 Lodoicea maldivica (Seychelles)

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#13 213 Lodoicea maldivica (Seychelles) PAPAVERACEAE Poppy #1 214 Meconopsis regia (Nepal) PINACEAE Firs and pines #5 215 Pinus koraiensis (Russian Federation) PODOCARPACEAE Podocarps #1 216 Podocarpus neriifolius (Nepal) TROCHODENDRACEAE (Tetracentraceae) Tetracentron #1 217 Tetracentron sinense (Nepal) Annotations : Footnotes 1 For the exclusive purpose of allowing international trade in fibre from vicunas (Vicugna vicugna) and their derivative products, only if the fibre comes from the shearing of live vicunas. Trade in products derived from the fibre may only take place in accordance with the following provisions: (a) Any person or entity processing vicuna fibre to manufacture cloth and garments must request authorization from the relevant authorities of the country of origin (Countries of origin : The countries where the species occurs, that is, Argentina, Bolivia, Chile, Ecuador and Peru) to use the “vicuna country of origin” wording, mark or logo adopted by the range States of the species that are signatories to the Convention for the Conservation and Management of the Vicuna. (b) Marketed cloth or garments must be marked or identified in accordance with the following provisions: i. For international trade in cloth made from live-sheared vicuna fibre, whether the cloth was produced within or outside of the range States of the species, the wording, mark or logo must be used so that the country of origin can be identified. The VICUNA [COUNTRY OF ORIGFN] wording, mark or logo has the format as detailed below: 212

This wording, mark or logo must appear on the reverse side of the cloth. In addition, the

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This wording, mark or logo must appear on the reverse side of the cloth. In addition, the selvages of the cloth must bear the words VICUNA [COUNTRY OF ORIGIN]. ii. For international trade in garments made from live-sheared vicuna fibre, whether the garments were produced within or outside of the range States of the species, the wording, mark or logo indicated in paragraph (b)(i) must be used. This wording, mark or logo roust appear on a label on the garment itself. If the garments are produced outside of the country of origin, the name of the country where the garment was produced should also be indicated, in addition to the wording, mark or logo referred to in paragraph (b)(i). (c) For international trade in handicraft products made from live-sheared vicuna fibre produced within the range States of the species, the VICUNA [COUNTRY OF ORIGIN] - ARTESANIA wording, mark or logo must be used as detailed below: (d) If live-sheared vicuna fibre from various countries of origin is used for the production of cloth and garments, the wording, mark or logo of each of the countries of origin of the fibre must be indicated, as detailed in paragraphs b) i) and ii). (e) All other specimens shall be deemed to be specimens of species listed in Appendix I and the trade in them shall be regulated accordingly 2 Populations of Botswana, Namibia, South Africa and Zimbabwe (listed in Appendix II): For the exclusive purpose of allowing: (a) trade in hunting trophies for non-commercial purposes; (b) trade in live animals to appropriate and acceptable destinations, as defined in Resolution Conf. CoP18), for Botswana and Zimbabwe and for in situ conservation programmes for Namibia and South Africa; (c) trade in hides; (d) trade in hair; (e) trade in leather goods for commercial or non-commercial purposes for Botswana, Namibia and South Africa and for non-commercial purposes for Zimbabwe; 213

(f) trade in individually marked and certified ekipas incorporated in finished jewellery for

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(f) trade in individually marked and certified ekipas incorporated in finished jewellery for noncommercial purposes for Namibia and ivory carvings for non-commercial purposes for Zimbabwe; (g) trade in registered raw ivory (for Botswana, Namibia, South Africa and Zimbabwe, whole tusks and pieces) subject to the following: i. only registered government-owned stocks, originating in the State (excluding seized ivory and ivory of unknown origin); ii. only to trading partners that have been verified by the Secretariat, in consultation with the Standing Committee, to have sufficient national legislation and domestic trade controls to ensure that the imported ivory will not be re-exported and will be managed in accordance with all requirements of Resolution Conf. C0-P18) concerning domestic manufacturing and trade; iii. not before the Secretariat has verified the prospective importing countries and the registered government-owned stocks; iv. raw ivory pursuant to the conditional sale of registered government-owned ivory stocks agreed at CoP12, which are 20,000 kg (Botswana), 10,000 kg (Namibia) and 30,000 kg (South Africa); v. in addition to the quantities agreed at CoP12, government-owned ivory from Botswana, Namibia, South Africa and Zimbabwe registered by 31 January 2007 and verified by the Secretariat may be traded and despatched, with the ivory in paragraph g) iv) above, in a single sale per destination under strict supervision of the Secretariat; vi. the proceeds of the trade are used exclusively for elephant conservation and community conservation and development programmes within or adjacent to the elephant range; and vii. the additional quantities specified in paragraph g) v) above shall be traded only after the Standing Committee has agreed that the above conditions have been met; and viii. no further proposals to allow trade in elephant ivory from populations already in Appendix II shall be submitted to the Conference of the Parties for the period from CoP 14 and ending nine years from the date of the single sale of ivory that is to take place in accordance with provisions in paragraphs g) i), g) ii), g) iii), g) vi) and g) vii). In addition such further proposals shall be dealt with in accordance with Decisions 16.55 and 14.78 (Rev. On a proposal from the Secretariat, the Standing Committee can decide to cause this trade to cease partially or completely in the event of non-compliance by exporting or importing countries, or in the case of proven detrimental impacts of the trade on other elephant populations. All other specimens shall be deemed to be specimens of species included in Appendix I and 214

the trade in them shall be regulated accordingly.

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the trade in them shall be regulated accordingly. 9 Artificially propagated specimens of the following hybrids and/or cultivars are not subject to the provisions of the Convention: — Hatiora × graeseri — Schlumbergera × buckleyi — Schlumbergera russelliana × Schlumbergera truncata — Schlumbergera orssichiana × Schlumbergera truncata — Schlumbergera opuntioides × Schlumbergera truncata — Schlumbergera truncata (cultivars) — Cactaceae spp. colour mutants grafted on the following grafting stocks : Harrisia ‘Jusbertii’, Hylocereus trigonus or Hylocereus undatus — Opuntia microdasys (cultivars). 10 Artificially propagated hybrids of the following genera are not subject to the provisions of the Convention, if conditions, as indicated under a) and b), are met : Cymbidium, Dendrobium, Phalaenopsis and Vanda: (a) Specimens are readily recognizable as artificially propagated and do not show any signs of having been collected in the wild such as mechanical damage or strong dehydration resulting from collection, irregular growth and heterogeneous size and shape within a taxon and shipment, algae or other epiphyllous organisms adhering to leaves, or damage by insects or other pests; and (b)i) when shipped in non-flowering state, the specimens must be traded in shipments consisting of individual containers (such as cartons, boxes, crates or individual shelves of CC-containers) each containing 20 or more plants of the same hybrid; the plants within each container must exhibit a high degree of uniformity and healthiness; and the shipment must be accompanied by documentation, such as an invoice, which clearly states the number of plants of each hybrid; or (c) when shipped in flowering state, with at least one fully open flower per specimen, no minimum number of specimens per shipment is required but specimens must be professionally processed for commercial retail sale, e.g. labelled with printed labels or packaged with printed packages indicating the name of the hybrid and the country of final processing. This should be clearly visible and allow easy verification. Plants not clearly qualifying for the exemption must be accompanied by appropriate CITES 215

documents.

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11 Artificially propagated specimens of cultivars of Cyclamen persicum are not subject to the provisions of the Convention. However, the exemption does not apply to such specimens traded as dormant tubers. 12 Artificially propagated hybrids and cultivars of Taxus cuspidata, live, in pots or other small containers, each consignment being accompanied by a label or document stating the name of the taxon or taxa and the text ‘artificially propagated’, are not subject to the provisions of the Convention. Hash footnotes #1 All parts and derivatives, except: (a) seeds, spores and pollen (including pollinia); (b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; (c) cut flowers of artificially propagated plants; and (d) fruits, and parts and derivatives thereof, of artificially propagated plants of the genus Vanilla. #2 All parts and derivatives except: (a) seeds and pollen; and (b) finished products packaged and ready for retail trade. #3 Whole and sliced roots and parts of roots, excluding manufactured parts or derivatives, such as powders, pills, extracts, tonics, teas and confectionery. #4 All parts and derivatives, except: (a) seeds (including seedpods of Orchidaceae), spores and pollen (including pollinia). The exemption does not apply to seeds from Cactaceae spp. exported from Mexico, and to seeds from Beccariophoenix madagasceriensis and Dypsis decaryi exported from Madagascar; (b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; (c) cut flowers of artificially propagated plants; (d) fruits, and parts and derivatives thereof, of naturalized or artificially propagated plants of 216

the genus Vanilla (Orchidaceae) and of the family Cactaceae;

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the genus Vanilla (Orchidaceae) and of the family Cactaceae; (e) stems, flowers, and parts and derivatives thereof, of naturalized or artificially propagated plants of the genera Opuntia subgenus Opuntia and Selenicereus (Cactaceae); and (f) finished products of Aloe ferox and Euphorbia antisyphilitica packaged and ready for retail trade. #5 Logs, sawn wood and veneer sheets. #6 Logs, sawn wood, veneer sheets and plywood. #7 Logs, woodchips, powder and extracts. #8 Underground parts (i.e. roots, rhizomes) : whole, parts and powdered. #9 All parts and derivatives except those bearing a label: “Produced from Hoodia spp. material obtained through controlled harvesting and production under the terms of an agreement with the relevant CITES Management Authority of [Botswana under agreement No. BW/xxxxxx] [Namibia under agreement No. NA/xxxxxx] [South Africa under agreement No. ZA/xxxxxx]”. #10 Designates logs, sawn wood and veneer sheets, including unfinished wood articles used for the fabrication of bows for stringed musical instruments. #11 Logs, sawn wood, veneer sheets, plywood, powder and extracts. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation. #12 Logs, sawn wood, veneer sheets) plywood and extracts. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation. #13 The kernel (also known as ‘endosperm’, ‘pulp’ or ‘copra’) and any derivative thereof, except finished products packaged and ready for retail trade. #14 All parts and derivatives except: (a) seeds and pollen; (b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; (c) fruits; 217

(d) leaves;

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(d) leaves; (e) exhausted agarwood powder, including compressed powder in all shapes; and (f) finished products packaged and ready for retail trade, this exemption does not apply to wood chips, beads, prayer beads and carvings. #15 All parts and derivatives, except: (a) Leaves, flowers, pollen, fruits, and seeds; (b) Finished products to a maximum weight of wood of the listed species of up to 10 kg per shipment; (c) Finished musical instruments, finished musical instrument parts and finished musical instrument accessories; #4 (d) Parts and derivatives of Dalbergia cochinchinensis, which are covered by Annotation ; (e) Parts and derivatives of Dalbergia spp originating and exported from Mexico, which are #6 covered by Annotation . #16 Seeds, fruits and oils. #17 Logs, sawn wood, veneer sheets, plywood and transformed wood. #18 Excluding parts and derivatives, other than eggs.] 218