Convention Relative to the Preservation of Fauna and Flora

Article 8

1. The protection of the species mentioned in the annex to the present
Convention is declared to be of special urgency and importance. Animals
belonging to the species mentioned in Class A shall, in each of the
territories of the Contracting Governments, be protected as completely as
possible, and the hunting, killing or capturing of them shall only take
place by special permission of the highest authority in the territory,
which shall be given only under special circumstances, solely in order to
further important scientific purposes, or when essential for the
administration of the territory. Animals belonging to the species
mentioned in Class B, whilst not requiring such rigorous protection as
those mentioned in Class A shall not be hunted, killed, or captured, even
by natives, except under special licence granted by the competent
authorities. For this purpose a special licence shall denote a licence
other than an ordinary game licence, granted at the discretion of the
competent authority, and giving permission to hunt, kill, or capture one
or more specimens of a specified animal or animals. Every such licence
shall be limited as regards the period and the area within which hunting,
killing or capturing may take place.

2. No hunting or other rights already possessed by native chiefs or
tribes or any other persons or bodies, by treaty, concession, or specific
agreement or by administrative permission in those areas in which such
rights have already been definitely recognised by the authorities of the
territory, are to be considered as being in any way prejudiced by the
provisions of the preceding paragraph.

3. In each of the territories of the Contracting Governments the
competent authorities shall consider whether it is necessary to apply the
provisions of paragraph 1 of the present Article to any species not
mentioned in the annex, in order to preserve the indigenous fauna and
flora in each area, and, if they deem it necessary, shall apply those
provisions to any such species to the extent which they consider
desirable. They shall similarly consider whether it is necessary in the
territory concerned to accord to any of the species mentioned in Class B
of the annex the special protection accorded to the species mentioned in
Class A.

4. The competent authorities shall also give consideration to the
question of protecting species of animals or plants which by general
admission are useful to man or of special scientific interest.

5. Nothing in the present Article shall (i) prejudice any right which may
exist under the local law of any territory to kill animals without a
licence in defence of life or property, or (ii) affect the right of the
authorities of the territory to permit the hunting, killing, or capturing
of any species (a) in time of famine, (b) for the protection of human
life, public health, or domestic stock, (c) for any requirement relating
to public order.

6. Each Contracting Government shall furnish to the Government of the
United Kingdom information on the subject of the measures adopted in each
of its territories in regard to the grant of licences, and in regard to
the animals, the destruction or capture of which is, in accordance with
paragraph 3 of this Article, not permitted except under licence. The
Government of the United Kingdom will communicate any such information to
all the Governments mentioned in Article 5, paragraph 2.

Article 9

1. Each Contracting Government shall take the necessary measures to
control and regulate in each of its territories the internal, and the
import and export, traffic in, and the manufacture of Articles from,
trophies as defined in paragraph 8 of the present Article, with a view to
preventing the import or export of, or any dealing in trophies other than
such as have been originally killed captured or collected in accordance
with the laws and regulations of the territory concerned.

2. The export of trophies to any destination whatsoever shall be
prohibited unless the exporter has been granted a certificate permitting
export and issued by a competent authority. Such certificate shall only
be issued where the trophies have been lawfully imported or lawfully
obtained. In the event of an attempted export without any certificate
having been granted, the authorities of the territory where this attempt
takes place shall apply such penalties as they may think necessary.

3. The import of trophies which have been exported from any territory to
which the present Convention is applicable in full, whether a territory
of another Contracting Government or not, shall be prohibited except on
production of a certificate or lawful export, failing which the trophy
shall be confiscated, but without prejudice to the application of the
penalties mentioned in the preceding paragraph.

4. The import and export of trophies, except at places where there is a
customs station, shall be prohibited.

5. (a) Every trophy consisting of ivory and rhinoceros horn exported in
accordance with the provisions of the present Article shall be identified
by marks which together with the weight of the trophy shall be recorded
in the certificate of lawful export.

(b) Every other trophy shall, if possible, be similarly marked and
recorded, but shall in any event be described in the certificate so as to
identify it with as much certainty as possible.

(c) The Contracting Governments shall take such measures as may be
possible by the preparation and circulation of appropriate illustrations
or otherwise to instruct their customs officers in the methods of
identifying the species mentioned in the annex to the present Convention
and the trophies derived therefrom.

6. The measures contemplated in paragraph 1 of the present Article shall
include provisions that found ivory, rhinoceros horn and all trophies of
animals found dead, or accidentally killed, or killed in defence of any
persons, shall, in principle be the property of the Government of the
territory concerned, and shall be disposed of according to regulations
introduced by that Government, due regard being had to the native rights
and customs reserved in the succeeding paragraph.

7. No rights of the kind specified in paragraph 2 of Article 8 are to be
considered as being prejudiced by the provisions of the preceding
paragraphs.

8. For the purposes of the present Article the expression “trophy” shall
denote any animal, dead or alive, mentioned in the annex to the
Convention or anything part of or produced from any such animal when
dead, or the eggs, egg-shells nests or plumage of any bird so mentioned.
The expression “trophy” shall not, however, include any trophy or part of
a trophy which by a process of bona fide manufacture, as contemplated in
paragraph 1 of the present Article, has lost its original identity.

9. Each Contracting Government shall furnish to the Government of the
United Kingdom information as to the measures taken in order to carry out
the obligations of the present Article or any part of them. The
Government of the United Kingdom will communicate any information so
received to all the Governments mentioned in Article 5, paragraph 2.

Article 10

1. The use of motor vehicles or aircraft (including aircraft lighter than
air) shall be prohibited in the territories of the Contracting
Governments, both (i) for the purpose of hunting, killing, or capturing
animals, and (ii) in such manner as to drive, stampede, or disturb them
for any purpose whatsoever, including that of filming or photographing;
provided, however, that nothing in the present paragraph shall affect the
right of occupiers in respect of land occupied by them, or of Governments
in respect of land utilised for public purposes, to use motor vehicles or
aircraft for the purpose of driving away, capturing or destroying animals
found on such land in all cases where such ejection, capture or
destruction is not prohibited by any other provision of the present
Convention.

2. The Contracting Governments shall prohibit in their territories the
surrounding of animals by fires for hunting purposes. Wherever possible,
the under-mentioned methods of capturing or destroying animals shall also
be generally prohibited:

(a) the use of poison, or explosives for killing fish;

(b) the use of dazzling lights, flares, poison, or poisoned
weapons for hunting animals;

(c) the use of nets, pits, or enclosures, gins, traps or snares,
or of set guns and missiles containing explosives for hunting
animals.

Author: international

Mentioned in these Entries

Convention Relative to the Preservation of Fauna and Flora.