Trade in Endangered Species Act 1989

Reprint as at 4 October 2017

Coat of Arms of New Zealand

Trade in Endangered Species Act 1989

Public Act
 
1989 No 18
Date of assent
 
28 April 1989
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Department of Conservation.

Contents

Title
1Short Title and commencement
2Object of Act
3Interpretation
4Act to bind the Crown
5No derogation from other enactments
6Administration of Act
7Scientific authorities
8Minister’s general powers
9Trade in endangered, threatened, or exploited species
10Application for permit or certificate
11Grant of permits and certificates
12Appeals to District Court on question of law
13Permit to export endangered species
14Permit to import endangered species
15Certificate to re-export endangered species
16Certificate to introduce from the sea endangered species
17Permit to export threatened species
18Permit to import threatened species
19Certificate to re-export threatened species
20Certificate to introduce from the sea threatened species
21Permit to export exploited species
22Permit to import exploited species
23Certificate to re-export exploited species
24Certificate to introduce from the sea exploited species
25Effect of permits and certificates
26Permit or certificate to be produced
27Control of arrivals from overseas
28Disposal and release of specimens seized from arrivals from overseas
29Certificate of acquisition
30Endangered species as personal or household effects
31Certificate for specimens bred in captivity or artificially propagated
32Scientific transfer
33Travelling circus or exhibition
34Certificate of capture in accordance with other treaties
35Endangered Species Officers
36Authority to act as officer
36APower of arrest
37Rights of entry
38Powers of search
38AApplication of Customs and Excise Act 1996
39Seizure of endangered species traded in contravention of Act
39APower to seize vehicles and containers
39BDirector-General to retain seized vehicles and containers
39CProceedings to be prosecuted promptly and diligently
39DForfeiture of seized vehicles and containers
39EPower of court to order return of seized vehicle or container
39FEffect of order for release of seized vehicle or container
40Custody of seized specimens
41Release of seized specimens
42Disposal of seized specimens
43Duty of officers and employees of postal operators
43ATaking and analysis of samples of specimens
44Trading in endangered, threatened, or exploited species without permit or certificate
45Possession of specimens of endangered, threatened, or exploited species
46Failure to comply with conditions of permit or certificate
47Making false statements
48Obstructing or hindering officer
49General offence
50Onus of proof in respect of certain offences
51Forfeiture of property on conviction
52Protection of officers and others
53Schedules
54Regulations
55Consequential amendment
Reprint notes

An Act to further the protection and conservation of endangered species of wild fauna and flora by regulating the export and import of such species and any product derived from those species

 
1 Short Title and commencement

(1)

This Act may be cited as the Trade in Endangered Species Act 1989.

(2)

This Act shall come into force on 1 June 1989.

2 Object of Act

The object of this Act is to enable New Zealand to fulfil its obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora and to promote the management, conservation, and protection of endangered, threatened, and exploited species to further enhance the survival of those species.

3 Interpretation

(1)

In this Act, unless the context otherwise requires,—

aerodrome means any defined area of land or water intended or designed to be used either wholly or partly for the landing, departure, movement, and servicing of aircraft, and includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the aerodrome or its administration

aircraft means any machine that can derive support in the atmosphere from the reaction of the air

animal means any member of the animal kingdom, including without limitation any mammal, fish, bird, amphibian, reptile, mollusc, arthropod, or other invertebrate, but does not include human beings

Convention means the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed at Washington, DC, on 3 March 1973

cruel treatment, in relation to any animal, means the infliction upon the animal of pain or suffering that in its kind or degree, or in its object, or in the circumstances in which it is inflicted, is unreasonable or unnecessary

Department means the Department of Conservation

Director-General means the Director-General of Conservation

dwellinghouse means any building or part of a building that is suitable for residential accommodation of any kind; and includes every garage, shed, and other building used in connection therewith, but does not include the land appurtenant to a dwellinghouse

endangered species means any species endangered by trade, being the species specified in Schedule 1

exploited species means any species exploited by trade, being the species specified in Schedule 3

export means the shipment of any specimen in any vehicle to a country outside New Zealand; but does not include the re-export of any specimen or the shipment in transit of any specimen outside New Zealand

import means the shipment of any specimen in any vehicle into the territorial limits of New Zealand; but does not include the introduction from the sea of any specimen or the shipment in transit of any specimen into the territorial limits of New Zealand

introduce from the sea means introduce into New Zealand a specimen from any marine environment not under the jurisdiction of any country

management authority means,—

(a)

in relation to New Zealand, the Director-General; and

(b)

in relation to any other country, the management authority appointed by that country for the purposes of the Convention

Minister means the Minister of Conservation

officer means an Endangered Species Officer declared or appointed as such under section 35

personal or household effect means any article of household or personal use or ornament

plant means any angiosperm, gymnosperm, fern, or fern ally; and includes any moss, liverwort, alga, including cyanophyte, lichen, fungus, or related organism

port means any defined area of land and water intended or designed to be used either wholly or partly for the berthing, departure, movement, and servicing of ships; and includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the port or its administration

re-export means the export of any specimen that has previously been imported, whether or not in the same form as at the time of its importation

scientific authority means a scientific authority specified in section 7

ship means any kind of vessel used in navigation, not propelled by oars only

species means any species, subspecies, variety, form, or geographically separate population thereof

specimen means—

(a)

any animal or plant, whether alive or dead; or

(b)

any recognisable part or derivative thereof

threatened species means any species threatened by trade, being the species specified in Schedule 2

trade means export, import, re-export, or introduce from the sea

vehicle means any means of transport, whether or not self-propelled, that may travel by land, sea, or air; and includes any aircraft or ship.

(2)

Every specimen of an endangered species,—

(a)

in the case of an animal, bred in captivity; or

(b)

in the case of a plant, artificially propagated—

shall, for the purposes of this Act, be deemed a specimen of a threatened species.

(3)

Any reference to the appropriate management or scientific authority shall mean the management or scientific authority determined by the Director-General to have statutory responsibility for or the scientific competence to comment on the species under consideration.

(4)

Any reference to the relevant authority of a country shall be read as a reference,—

(a)

where the country is a party to the Convention, to the appropriate management authority of that country; or

(b)

where the country is not a party to the Convention, to the competent authorities of that country within the meaning of Article X of the Convention.

(5)

For the avoidance of doubt, it is declared that sections 17 to 20 apply to specimens of endangered species that are deemed, by virtue of subsection (2), to be specimens of threatened species.

Section 3(5): added, on 14 May 1998, by section 2 of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).

4 Act to bind the Crown

This Act shall bind the Crown.

5 No derogation from other enactments

The provisions of this Act are in addition to and not in substitution for the provisions of any other Acts in relation to the export or import of, or trade in, any goods, and do not affect the exercise of any power in those Acts in relation to any item of goods.

Administration

6 Administration of Act

Subject to the control of the Minister, the Director-General shall be responsible for the general administration of this Act.

7 Scientific authorities

(1)

For the purposes of this Act the Minister shall appoint a committee, to be known as the Scientific Authorities Committee, which shall consist of representatives of—

(a)

the Department of Conservation:

(b)

such Crown Research Institute (within the meaning of the Crown Research Institutes Act 1992) as the Minister from time to time determines:

(c)

the Ministry of Agriculture and Forestry:

(d)

the Ministry of Fisheries or the National Institute of Water and Atmospheric Research, or both, as the Minister determines:

(e)

such other person or body that the Minister determines,—

and shall be a scientific authority for the purposes of this Act.

(2)

The Scientific Authorities Committee may co-opt additional members and may delegate its function as a scientific authority to any subcommittee consisting of 1 or more members of the Committee, including co-opted members.

(3)

Subject to this Act, the Committee may regulate its procedure in such manner as it thinks fit.

Section 7(1)(b): substituted, on 1 July 1992, by section 46(1) of the Crown Research Institutes Act 1992 (1992 No 47).

Section 7(1)(c): substituted, on 7 May 1999, by section 2 of the Trade in Endangered Species Amendment Act 1999 (1999 No 50).

Section 7(1)(d): substituted, on 7 May 1999, by section 2 of the Trade in Endangered Species Amendment Act 1999 (1999 No 50).

Section 7(1)(e): substituted, on 7 May 1999, by section 2 of the Trade in Endangered Species Amendment Act 1999 (1999 No 50).

8 Minister’s general powers

In addition to any other powers in this Act, the Minister shall have the following powers:

(a)

to conduct research and investigations into and surveys of species in New Zealand—

(i)

that are, or are likely to become, threatened with extinction; or

(ii)

the existence of which is likely to be affected,—

by trade in specimens of those species:

(b)

to disseminate information relating to the import and export of endangered, threatened, and exploited species.

Part 1 Trade in endangered, threatened, and exploited species

9 Trade in endangered, threatened, or exploited species

Subject to Part 2, no person shall trade in any specimen of an endangered, threatened, or exploited species into or from New Zealand, except pursuant to the appropriate permit or certificate granted under this Part.

10 Application for permit or certificate

(1)

Every person who proposes to trade in any specimen of an endangered, threatened, or exploited species shall apply in writing to the Director-General for the appropriate permit or certificate that, if granted, would authorise that trade.

(2)

Every application shall specify—

(a)

the full name and address of the applicant:

(b)

the type of trade to which the application relates:

(c)

the species and the number of specimens of that species to be traded:

(d)

the country to or from which the specimens are to be conveyed.

(3)

Except as the Director-General may decide, a separate application shall be required for each consignment of specimens of an endangered, threatened, or exploited species.

(4)

No person shall make an application under this section to trade in any specimen of an endangered, threatened, or exploited species where trade in that specimen is subject to controls under any other Act or regulations, unless authorisation in respect of such trade has first been obtained under that Act or those regulations.

(5)

Every applicant for a permit or certificate shall furnish to the Director-General, in addition to the particulars required under subsection (2), such further information as the Director-General may require.

(5A)

Without limiting the generality of subsection (5), every applicant to whom that subsection applies must include, with every application for the export or re-export of a specimen in respect of which application the Director-General has required any analysis to be carried out pursuant to section 43A, the results of such analysis.

(6)

Every applicant for a permit or certificate shall pay the prescribed fee.

Section 10(5A): inserted, on 14 May 1998, by section 3 of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).

11 Grant of permits and certificates

(1)

Every permit or certificate granted under sections 13 to 24 shall relate to a specific application.

(2)

The Director-General may, at the Director-General’s discretion, having regard to sections 13 to 24,—

(a)

grant such permit or certificate in respect of all or any of the specimens included in any application; or

(b)

decline to grant any such application.

(3)

Where the Director-General is of the opinion that a permit or certificate should be declined or should be issued subject to conditions, the Director-General shall inform the applicant accordingly, giving the grounds on which the opinion is based, and invite the applicant to make submissions on the matter before the application is formally dealt with.

(4)

The Director-General may grant a permit or certificate either unconditionally or subject to such conditions as the Director-General may specify.

(5)

Every such permit or certificate shall be in the form issued by the Department.

(6)

Every such permit or certificate may be revoked or varied at any time by the Director-General in any case where the Director-General is satisfied that the conditions in the permit or certificate have not been complied with, or can only be met by varying the terms of the permit or certificate.

(7)

Any person granted a permit or certificate may at any time surrender it by forwarding a written note to that effect, together with the permit or certificate, to the Director-General.

12 Appeals to District Court on question of law

(1)

Any applicant for a permit or certificate who is dissatisfied with any decision of the Director-General under section 11 on a question of law may, within 1 month after notice of that decision has been received by the applicant, appeal to the District Court against that decision.

(2)

Every appeal under this section shall be heard and determined in accordance with rules of court and this section.

(3)

The court shall, as soon as practicable, hear the appeal, and may confirm, reverse, or modify the decision of the Director-General, or may refer the matter back to the Director-General in accordance with rules of court, and may give any decision that the Director-General could have given in respect of the matter.

(4)

Nothing in this section shall give the court power to review any part of the Director-General’s decision other than the part against which the appellant has appealed.

(5)

Subject to any order of the court, every decision of the Director-General against which an appeal is lodged shall continue in force and have effect according to its tenor pending the determination of the appeal.

(6)

On any appeal under this section, the court may make an order for the payment by the Director-General, or by the appellant, of the costs incurred in respect of the appeal by the other party to the appeal.

Authority to trade in endangered species

13 Permit to export endangered species

The Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a permit to export any specimen of an endangered species to an applicant, if those authorities are satisfied that—

(a)

the export of that specimen is not detrimental to the survival of that species; and

(b)

that specimen was not obtained in contravention of any Act; and

(c)

that specimen is to be prepared and shipped so that the risk of—

(i)

injury to the specimen; and

(ii)

adverse effect on the health of the specimen; and

(iii)

in the case of an animal, cruel treatment of the specimen,—

is minimised; and

(d)

permission to import that specimen has been granted by the relevant authority of the country of import.

14 Permit to import endangered species

The Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a permit to import any specimen of an endangered species to an applicant, if those authorities are satisfied that—

(a)

the import of that specimen is for purposes that are not detrimental to the survival of that species; and

(b)

the proposed recipient of that specimen is suitably equipped to house and care for it; and

(c)

that specimen is not to be used primarily for commercial purposes; and

(d)

permission to export or re-export that specimen will be granted by the relevant authority of the country of export or re-export.

Section 14(d): amended, on 14 May 1998, by section 4 of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).

15 Certificate to re-export endangered species

The Director-General may, after consultation with the appropriate other management authorities grant a certificate to re-export any specimen of an endangered species to an applicant, if those authorities are satisfied that,—

(a)

in the case of that specimen being imported—

(i)

before the commencement of this Act, that specimen was not imported in contravention of any Act; or

(ii)

after the commencement of this Act, that specimen was imported in accordance with this Act; and

(b)

that specimen is to be prepared and shipped so that the risk of—

(i)

injury to the specimen; and

(ii)

adverse effect on the health of the specimen; and

(iii)

in the case of an animal, cruel treatment of the specimen—

is minimised; and

(c)

permission to import that specimen has been granted by the relevant authority of the country of import.

16 Certificate to introduce from the sea endangered species

The Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a certificate to introduce into New Zealand from the sea any specimen of an endangered species to an applicant, if those authorities are satisfied that—

(a)

the introduction of that specimen is not detrimental to the survival of that species; and

(b)

that specimen is to be handled so that the risk of—

(i)

injury to the specimen; and

(ii)

adverse effect on the health of the specimen; and

(iii)

in the case of an animal, cruel treatment of the specimen,—

is minimised; and

(c)

the proposed recipient of that specimen is suitably equipped to house and care for it; and

(d)

that specimen is not to be used primarily for commercial purposes; and

(e)

that specimen was not obtained in contravention of any Act.

Authority to trade in threatened species

17 Permit to export threatened species

The Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a permit to export any specimen of a threatened species to an applicant, if those authorities are satisfied that—

(a)

the export of that specimen is not detrimental to the survival of that species; and

(b)

that specimen was not obtained in contravention of any Act; and

(c)

that specimen will be prepared and shipped so that the risk of—

(i)

injury to the specimen; and

(ii)

adverse effect on the health of the specimen; and

(iii)

in the case of an animal, cruel treatment of the specimen,—

is minimised.

18 Permit to import threatened species

Any person who proposes to import any specimen of a threatened species must present, before or at the time of import of the specimen, a permit to export or a certificate to re-export issued by the relevant authority of the country of export or re-export.

Section 18: substituted, on 14 May 1998, by section 5 of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).

19 Certificate to re-export threatened species

The Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a certificate to re-export any specimen of a threatened species to an applicant, if those authorities are satisfied that,—

(a)

in the case of that specimen being imported,—

(i)

before the commencement of this Act, that specimen was not imported in contravention of any Act; or

(ii)

after the commencement of this Act, that specimen was imported in accordance with this Act; and

(b)

that specimen will be prepared and shipped so that the risk of—

(i)

injury to the specimen; and

(ii)

adverse effect on the health of the specimen; and

(iii)

in the case of an animal, cruel treatment of the specimen,—

is minimised.

20 Certificate to introduce from the sea threatened species

The Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a certificate to introduce from the sea any specimen of a threatened species to an applicant, if those authorities are satisfied that—

(a)

the introduction of that specimen is not detrimental to the survival of that species; and

(b)

that specimen is to be handled so that the risk of—

(i)

injury to the specimen; and

(ii)

adverse effect on the health of the specimen; and

(iii)

in the case of an animal, cruel treatment of the specimen,—

is minimised; and

(c)

that specimen was not obtained in contravention of any Act.

Authority to trade in exploited species

21 Permit to export exploited species

(1)

Where an application relates to any exploited species specified in any Order in Council made pursuant to subsection (2), the Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a permit to export any specimen of that exploited species to the applicant, if those authorities are satisfied that—

(a)

that specimen was not obtained in contravention of any Act; and

(b)

that specimen is to be prepared and shipped so that the risk of—

(i)

injury to the specimen; and

(ii)

adverse effect on the health of the specimen; and

(iii)

in the case of an animal, cruel treatment of the specimen—

is minimised.

(2)

The Governor-General may, from time to time, by Order in Council, specify any exploited species that have been included in Appendix III of the Convention at the request of the New Zealand Government.

(3)

In the case of any exploited species to which subsection (1) does not apply, the Director-General may, after consultation with the appropriate management and scientific authorities, grant a certificate of origin in respect of any specimen of that exploited species to an applicant.

22 Permit to import exploited species

Any person who proposes to import any specimen of an exploited species must present, before or at the time of import of the specimen, a permit to export or a certificate to re-export issued by the relevant authority of the country of export or re-export.

Section 22: substituted, on 14 May 1998, by section 6 of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).

23 Certificate to re-export exploited species

The Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a certificate to re-export any specimen of an exploited species to an applicant.

24 Certificate to introduce from the sea exploited species

The Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a certificate to introduce from the sea any specimen of an exploited species to an applicant.

Permits and certificates

25 Effect of permits and certificates

(1)

Except as the Director-General may determine, a permit or certificate shall authorise the holder to undertake on 1 occasion the type of trade to which the permit or certificate relates in only the specimen or specimens of endangered, threatened, or exploited species specified in that permit or certificate.

(2)

Every permit or certificate granted under any of sections 13 to 24 shall come into force on the date on which it was granted.

(3)

Notwithstanding subsection (2), every permit or certificate shall remain in force for a period of 6 months, or such lesser period as may be specified, unless it is sooner revoked or surrendered.

(4)

A permit or certificate shall be personal to the holder, and shall not be transferable to or vest by operation of law in any person other than the holder.

26 Permit or certificate to be produced

For the purposes of this Act, where the holder of a permit or certificate undertakes the trade in accordance with that permit or certificate, the holder shall—

(a)

before, in the case of exporting or re-exporting; or

(b)

before or at the time of importation or introduction, in the case of importing or introducing from the sea—

produce the permit or certificate, or cause the permit or certificate to be produced, to an Endangered Species Officer, being an officer of Customs or, if no officer of Customs is available, to any other Endangered Species Officer.

27 Control of arrivals from overseas

(1)

Every person shall, on arriving in New Zealand, permit a Customs officer or any other Endangered Species Officer to inspect and examine any specimen of an endangered, threatened, or exploited species in that person’s possession as part of that person’s personal effects or baggage, and shall afford to that officer all reasonable facilities and assistance in carrying out any such inspection and examination, and shall produce any permit or certificate granted under this Part or Part 2 in respect of that specimen.

(2)

Subject to section 30, where any person is found to be in possession of any specimen of an endangered, threatened, or exploited species, or a specimen that an Endangered Species Officer has reasonable cause to believe or suspect may be of an endangered, threatened, or exploited species, and has not been granted a permit or certificate in respect of that specimen under this Part or Part 2, that person shall—

(a)

surrender the specimen to an officer; and

(b)

state to the officer his or her full name; and

(c)

in the case of—

(i)

New Zealand citizens and permanent residents, state his or her address:

(ii)

visitors to this country, state an address at which he or she may be contacted and his or her permanent address outside New Zealand—

where that person has voluntarily disclosed the presence of the specimen to the officer as soon as practicable after the specimen arrives in New Zealand, for the purposes of this Act, he or she shall be taken not to have imported that specimen.

(3)

Any specimen surrendered to an officer under subsection (2) shall be conveyed to any institution or place considered by the Director-General appropriate for the holding of that specimen.

(4)

If any specimen surrendered to an officer under subsection (2) is subsequently ascertained not to be a specimen of an endangered, threatened, or exploited species, it shall be released to the person who surrendered the specimen.

Section 27(1): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

Section 27(1): amended, on 12 August 1991, by section 2 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

28 Disposal and release of specimens seized from arrivals from overseas

(1)

Where any New Zealand citizen, person resident in New Zealand, or person intending to reside in New Zealand surrenders a specimen of an endangered, threatened, or exploited species under section 27(2), that specimen shall be forfeited to the Crown and shall be disposed of in accordance with section 42.

(2)

Any visitor to New Zealand who surrenders a specimen under section 27(2) may apply to the Director-General for the specimen to be returned to the visitor when the visitor leaves New Zealand.

(3)

Subject to subsection (4), the Director-General shall consider any application under subsection (2) as expeditiously as possible and the specimen shall be dealt with as follows:

(a)

if the Director-General grants the application, the Department shall take all reasonable steps to enable the applicant to take the specimen from the aerodrome or port at which the visitor surrendered the specimen, if and when the visitor leaves New Zealand:

(b)

if the Director-General declines the application, that specimen shall be forfeited to the Crown and shall be disposed of in accordance with section 42.

(4)

Any specimen that has been surrendered in accordance with this section shall not be released under subsection (2) or subsection (3)(a) to the person who had possession of it at the time of surrender, until that person has paid all costs and expenses incurred by the Crown in relation to the custody of the specimen, including any costs of transporting the specimen.

Section 28: substituted, on 12 August 1991, by section 3 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

Section 28(1): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Part 2 Exemptions

29 Certificate of acquisition

(1)

Every person seeking to export or re-export a specimen of an endangered, threatened, or exploited species that was legally acquired before the provisions of this Act applied to that specimen shall apply in writing to the Director-General for a certificate of acquisition.

(2)

The Director-General may, after (if necessary) consultation with the appropriate other management authority, issue a certificate of acquisition to any applicant if the management authority is satisfied that the specimen to which the application relates was legally acquired before the provisions of this Act applied to that specimen.

(3)

Part 1 shall not apply to any person who has been issued with a certificate of acquisition under subsection (2).

(4)

Notwithstanding subsection (3), sections 9, 10, and 25 shall, with all necessary modifications, apply to a certificate of acquisition.

30 Endangered species as personal or household effects

(1)

Except as provided in subsection (2), Part 1 shall not apply to any specimen of an endangered, threatened, or exploited species that is a personal or household effect.

(2)

Part 1 shall apply to any specimen that is a personal or household effect being imported into New Zealand where—

(a)

the specimen is of an endangered or threatened species acquired by the owner outside New Zealand; or

(b)

the specimen is of an endangered, threatened, or exploited species that is imported for primarily commercial reasons,—

unless that specimen is accompanied by a certificate of acquisition or a certificate of exemption issued by the appropriate other management authority.

Section 30(2): amended, on 14 May 1998, by section 7(a) of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).

Section 30(2): amended, on 14 May 1998, by section 7(b) of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).

31 Certificate for specimens bred in captivity or artificially propagated

(1)

Every person seeking to export or re-export a specimen of any species specified in Schedule 2 or Schedule 3 that—

(a)

in the case of an animal, was bred in captivity; or

(b)

in the case of a plant, was artificially propagated; or

(c)

is a recognisable part or derivative of such a specimen—

shall apply in writing to the Director-General for a certificate for specimens bred in captivity or artificially propagated.

(2)

The Director-General may, after (if necessary) consultation with the appropriate other management authority, issue a certificate for specimens bred in captivity or artificially propagated to an applicant if the Director-General is satisfied that the specimen to which the application relates was bred in captivity, or as the case may be, was artificially propagated, or is a recognisable part or derivative of such a specimen.

(3)

For the purposes of trade, a certificate for specimens bred in captivity or artificially propagated shall be accepted in lieu of any of the permits or certificates granted under any of sections 17 to 24.

(4)

For the purpose of this section, sections 9, 10, and 25 shall, with all necessary modifications, apply to a certificate for specimens bred in captivity or artificially propagated.

Section 31(1): amended, on 12 August 1991, by section 4(1) of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

Section 31(2): amended, on 14 May 1998, by section 8 of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).

Section 31(3): amended, on 12 August 1991, by section 4(2) of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

32 Scientific transfer

Part 1 shall not apply to the non-commercial loan, donation, or exchange between scientists or scientific institutions in New Zealand recognised by the Director-General and scientists or scientific institutions in other States recognised by the relevant authorities of those States, of—

(a)

herbarium and other preserved, dried, or embedded plants:

(b)

live plants:

(c)

preserved animals, and skins of animals:

(d)

live animals,—

that are specimens of an endangered, threatened, or exploited species and which carry a label issued or approved by the Director-General.

33 Travelling circus or exhibition

The Director-General may, after (if necessary) consultation with the appropriate other management authority, waive the requirement of holding a permit or certificate granted under Part 1 in respect of any specimens of an endangered, threatened, or exploited species that form part of a travelling zoo, circus, menagerie, plant exhibition, or other travelling exhibition where—

(a)

the exporter or importer registers full details of such specimens with the Director-General; and

(b)

the specimens were—

(i)

acquired before the provisions of the Convention applied to those specimens; or

(ii)

in the case of animals, bred in captivity, or in the case of plants, artificially propagated; and

(c)

that management authority is satisfied that any living specimen will be transported and cared for so that the risk of—

(i)

injury to the specimen; and

(ii)

adverse effect on the health of the specimen; and

(iii)

in the case of an animal, cruel treatment of the specimen,—

is minimised.

34 Certificate of capture in accordance with other treaties

(1)

Subject to subsection (2), Part 1 shall not apply to trade in any marine specimen of a threatened species that is taken—

(a)

by any ship registered in New Zealand or by any foreign fishing craft licensed under the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977; and

(b)

in accordance with any international agreement to which New Zealand was a party before the commencement of this Act.

(2)

Every person who introduces any such marine specimen into New Zealand and wants to subsequently export that specimen shall apply in writing to the Director-General for a certificate of capture in accordance with other treaties.

(3)

The Director-General may, after (if necessary) consultation with the appropriate other management authority, issue a certificate of capture in accordance with other treaties to an applicant if the other management authority is satisfied that the specimen, to which the application relates, was taken—

(a)

by any ship registered in New Zealand or by any foreign fishing craft licensed under the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977; and

(b)

in accordance with any international agreement to which New Zealand was a party before the commencement of this Act.

(4)

For the purposes of this section, sections 9, 10, and 25 shall, with all necessary modifications, apply to a certificate of capture in accordance with other treaties.

Section 34(1)(a): amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

Section 34(3)(a): amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea, and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

Part 3 Endangered Species Officers

35 Endangered Species Officers

(1)

Every inspector appointed under the Ministry of Agriculture and Fisheries Act 1953 or the Biosecurity Act 1993 and every Customs officer shall be an Endangered Species Officer for the purposes of this Act.

(2)

Notwithstanding subsection (1), there may from time to time be appointed pursuant to the State Sector Act 1988 such other persons to be Endangered Species Officers as may be required for the purposes of this Act.

Section 35(1): substituted, on 1 October 1993, by section 168(1) of the Biosecurity Act 1993 (1993 No 95).

Section 35(1): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

36 Authority to act as officer

(1)

The Director-General shall issue to any officer appointed under section 35(2) a warrant authorising the officer to exercise the powers conferred on officers under this Part.

(2)

Every such warrant shall contain—

(a)

a reference to this section; and

(b)

the full name of the officer; and

(c)

a reference to the powers set out in sections 37 to 39.

(3)

The production by an officer of—

(a)

a warrant issued under this section; or

(b)

due evidence of the appointment of the officer as an inspector under the Animals Act 1967, or the Ministry of Agriculture and Fisheries Act 1953, or the Plants Act 1970; or

(c)

any evidence that the officer is a Customs officer appointed under the Customs and Excise Act 1996

shall, until the contrary is proved, be sufficient authority for any such officer to do anything authorised by this Part.

(4)

Every person appointed under section 35(2) who ceases to hold office as an officer shall surrender to the Director-General the warrant issued to the person under subsection (1).

(5)

Every person commits an offence against this Act who fails to comply with subsection (4).

Section 36(1): amended, on 12 August 1991, by section 6 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

Section 36(3)(c): amended, on 1 October 1996, pursuant to section 294(2) of the Customs and Excise Act 1996 (1996 No 27).

36A Power of arrest

(1)

Any officer or any constable may arrest and take into custody without a warrant any person whom he or she has good cause to suspect of having committed an offence against this Act.

(2)

Where any officer arrests any person under the power conferred by subsection (1), he or she shall as soon as practicable call a constable to his or her aid and deliver the arrested person into the custody of that constable.

(3)

Any person called upon to do so by any person referred to in subsection (1) is justified in assisting him or her in good faith to arrest any person.

Section 36A: inserted, on 12 August 1991, by section 5 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

Section 36A(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 36A(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

37 Rights of entry

(1)

Subject to section 38(2) and notwithstanding any other Act, any officer who has reasonable grounds to believe that a breach of this Act or of any regulation made under it has been or is being committed, may at any time—

(a)

stop and enter or board any vehicle:

(b)

enter, pass across, or remain on any land or premises (including a dwellinghouse and a marae and a building associated with a marae):

(c)

demand any information relating to that breach from any person in or on that vehicle, land, or premises and require such persons to produce—

(i)

any permit or certificate granted under this Act; and

(ii)

any other documents relating to trade in endangered species:

(d)

for the purpose of such analysis as the Director-General considers necessary to determine whether a breach of this Act or of any regulation made under it has occurred, take samples, subject to subsection (7), from any specimen in any vehicle or on any land or premises (including a dwellinghouse or a marae or any building associated with a marae) where the officer has reasonable grounds to believe that such specimen is evidence that a breach of this Act or of any regulation made under it has been or is being committed.

(2)

Notwithstanding subsection (1), no officer shall enter any dwellinghouse or a marae or a building associated with a marae or, in the case of the exercise of the power under subsection 1(d), any other land or premises unless the officer is authorised in that behalf by a search warrant obtained under section 38(2).

(3)

[Repealed]

(4)

[Repealed]

(5)

No person shall be required to answer any question by an officer if the answer would or could tend to incriminate that person.

(6)

Any officer lawfully exercising his or her powers under this section may make or take copies of any document, and for this purpose may take possession of and remove from the place where it is kept, for such period of time as is reasonable in the circumstances, any such document.

(7)

Every officer proposing to take a sample under subsection (1)(d) from any live animal—

(a)

must do so either personally or, where requested by the owner or person in charge of the animal, by instructing a veterinary surgeon to do so; and

(b)

must make every effort to avoid unnecessary disturbance of the animal, including, with respect to an animal which is secured within an enclosure, exercising his or her powers only during the hours of daylight except where the officer judges that there will be less disturbance to the animal if the powers are exercised outside those hours.

(8)

The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 3) apply.

Section 37(1)(d): added, on 14 May 1998, by section 9(a) of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).

Section 37(2): amended, on 14 May 1998, by section 9(b) of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).

Section 37(3): repealed, on 1 October 2012, by section 303(2) of the Search and Surveillance Act 2012 (2012 No 24).

Section 37(4): repealed, on 1 October 2012, by section 303(2) of the Search and Surveillance Act 2012 (2012 No 24).

Section 37(7): added, on 14 May 1998, by section 9(c) of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).

Section 37(8): inserted, on 1 October 2012, by section 303(3) of the Search and Surveillance Act 2012 (2012 No 24).

38 Powers of search

(1)

Subject to subsection (2), any officer who has entered any vehicle, land, or premises (including a dwellinghouse and a marae and a building associated with a marae) under section 37(1) may search that vehicle, land, or premises and open (by force if necessary) any bulk cargo container, packing case, crate, box, or any other form of receptacle on that vehicle, land, or premises.

(2)

Any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on application made by an officer in the manner provided in subpart 3 of Part 4 of that Act, is satisfied that there is in any dwellinghouse or any marae or a building associated with a marae—

(a)

any specimen of an endangered, threatened, or exploited species that there is reasonable ground to believe—

(i)

has been traded otherwise than in accordance with this Act; or

(ii)

is intended to be traded otherwise than in accordance with this Act; or

(b)

any thing which there is reasonable ground to believe may be evidence of the commission of any offence against this Act; or

(c)

any thing which there is reasonable ground to believe is intended to be used for the purpose of committing any such offence—

may issue a search warrant to every officer named in the warrant.

(3)

A search warrant is also required pursuant to subsection (2) in the case of entry to any other land or premises for the purpose of the exercise of the power under section 37(1)(d).

(4)

The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

Section 38(2): amended, on 26 March 2015, by section 4(1) of the Trade in Endangered Species Amendment Act 2015 (2015 No 38).

Section 38(2): amended, on 26 March 2015, by section 4(2) of the Trade in Endangered Species Amendment Act 2015 (2015 No 38).

Section 38(2): amended, on 1 October 2012, by section 303(4)(a) of the Search and Surveillance Act 2012 (2012 No 24).

Section 38(2): amended, on 1 October 2012, by section 303(4)(b) of the Search and Surveillance Act 2012 (2012 No 24).

Section 38(3): added, on 14 May 1998, by section 10 of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).

Section 38(4): inserted, on 1 October 2012, by section 303(5) of the Search and Surveillance Act 2012 (2012 No 24).

38A Application of Customs and Excise Act 1996

Sections 149A, 149B, 149C(1) to (3), 160, and 161 of the Customs and Excise Act 1996 shall apply in relation to the importation or exportation of any endangered, threatened, or exploited species as if such endangered, threatened, or exploited species were a prohibited import or prohibited export within the meaning of that Act.

Section 38A: inserted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

Section 38A: amended, on 1 October 2012, by section 303(6) of the Search and Surveillance Act 2012 (2012 No 24).

Section 38A: amended (with effect on 9 October 2002), on 2 July 2004, by section 47(4)(b) of the Customs and Excise Amendment Act 2004 (2004 No 55).

39 Seizure of endangered species traded in contravention of Act

(1)

Where an officer finds, in or on any ship or aircraft or at any port, aerodrome, transitional facility, or Customs controlled area, any specimen of an endangered, threatened, or exploited species that—

(a)

is being traded otherwise than in accordance with this Act; or

(b)

is not listed on the inward or outward report in respect of that ship or aircraft,—

that specimen shall be forfeit to the Crown, and shall be seized by the officer who shall dispose of it in accordance with section 42.

(2)

Any officer who has reasonable cause to believe that any specimen of an endangered, threatened, or exploited species has been imported or introduced from the sea into New Zealand otherwise than in accordance with this Act, may seize that specimen and,—

(a)

in the case of an animal, any descendant of that specimen; or

(b)

in the case of a plant, any propagation of that specimen,—

and shall deliver it into the custody of the Director-General.

(3)

Any officer who has reasonable cause to believe that any specimen of an endangered, threatened, or exploited species is intended to be exported or re-exported from New Zealand otherwise than in accordance with this Act, may seize that specimen and shall deliver it into the custody of the Director-General.

(4)

Any officer seizing any specimen under this section may also seize—

(a)

any container, packing case, crate, box, or any other form of receptacle (not being a bulk cargo container or a pallet) holding that specimen; and

(b)

any thing which the officer has reason to believe will be evidence of a breach of the provisions of this Act or of any regulation made under it,—

and shall deliver it into the custody of the Director-General:

provided that the owner or the person entitled to the possession of the items seized under this subsection may apply to the District Court at any time for the return of those items, not being items that are required for evidential purposes in a hearing of any court, and the court may order the retention of those items or their return on such conditions as the court thinks fit.

(5)

No compensation shall be payable in respect of any specimen seized under subsection (1).

(6)

For the purposes of subsection (1),—

Customs controlled area has the meaning given to it in section 2(1) of the Customs and Excise Act 1996

transitional facility has the meaning given to it in section 2(1) of the Biosecurity Act 1993.

Section 39(1): amended, on 20 September 2007, by section 4(1) of the Trade in Endangered Species Amendment Act 2007 (2007 No 85).

Section 39(6): added, on 20 September 2007, by section 4(2) of the Trade in Endangered Species Amendment Act 2007 (2007 No 85).

39A Power to seize vehicles and containers

Any officer may stop and seize any vehicle on the ground or in water, or stop in transit and seize any parcel, package, case, bag, luggage, or other container, if the officer reasonably believes either—

(a)

that the vehicle or container contains any endangered, threatened, or exploited species; or

(b)

that the vehicle or container—

(i)

is in the possession of a person who has committed an offence against this Act; and

(ii)

has been used in connection with the commission of an offence against this Act.

Section 39A: inserted, on 12 August 1991, by section 7 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

39B Director-General to retain seized vehicles and containers

(1)

Subject to section 39E, where any vehicle or container is seized under section 39A, it shall, pending any criminal proceedings under this Act against the owner or any person in possession of the vehicle or container, be retained by the Director-General.

(2)

If at any time following the seizure of any vehicle or container under section 39A (not being a vehicle or container that has been forfeited to the Crown) it appears to the Director-General that the officer who seized the vehicle or container is unable to establish clearly that he or she had the reasonable belief necessary to exercise that power, the Director-General shall immediately release the vehicle or container from his or her custody.

(3)

The Director-General shall exercise reasonable care of any property while it is retained in his or her custody under subsection (1).

Section 39B: inserted, on 12 August 1991, by section 7 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

39C Proceedings to be prosecuted promptly and diligently

(1)

Proceedings in respect of an offence against this Act shall be commenced promptly and prosecuted with due diligence if they arise in connection with the use of any vehicle or container seized under section 39A.

(2)

If no proceedings are taken in respect of the offence concerned within 6 months of the seizure under section 39A of any vehicle or container, or if the proceedings concerned are dismissed, the vehicle or container shall be released from the custody of the Director-General.

Section 39C: inserted, on 12 August 1991, by section 7 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

Section 39C(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

39D Forfeiture of seized vehicles and containers

(1)

On the conviction of any person for any offence against this Act, any vehicle or container retained in respect of that offence under section 39B(1) may, on the order of the court, be forfeited to the Crown; and, in that case, the vehicle or container shall be disposed of as the Minister thinks fit.

(2)

Any person whose property has been forfeited to the Crown under this section or any person having a legal or equitable interest in any such property (not being, in either case, a person convicted of an offence out of which the forfeiture arose) may apply to the Minister, within 30 days of the conviction concerned, for the release of the property forfeited; and the Minister may order the release of the property on payment to the Crown of any amount the Minister thinks appropriate, being an amount not exceeding the amount the items forfeited are estimated by the Director-General to be likely to realise if sold by public auction in New Zealand.

(3)

In considering whether to order the release of any property on payment of an amount under subsection (2), the Minister shall have regard to—

(a)

the relationship between the person applying for release of the property and the person convicted of the offence; and

(b)

the extent to which it was foreseeable that the property would be used in connection with the commission of an offence against this Act when it was placed in the possession of the offender.

(4)

Any forfeiture ordered under this section shall be in addition to, and not in substitution for, any other penalty that may be imposed.

Section 39D: inserted, on 12 August 1991, by section 7 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

39E Power of court to order return of seized vehicle or container

(1)

Where any vehicle or container is seized under section 39A, any person claiming to be entitled to possession of the vehicle or container may at any time apply to a District Court Judge for an order that it be delivered to that person.

(2)

On an application under subsection (1), a District Court Judge may—

(a)

adjourn the application, on such terms and conditions as he or she thinks fit, to enable proceedings to be brought or completed; or

(b)

make an order for the return of the vehicle or container to the applicant, on such terms and conditions as he or she thinks fit.

(3)

Nothing in this section applies to any vehicle or container if a court has ordered under section 39D(1) that it be forfeited to the Crown.

Section 39E: inserted, on 12 August 1991, by section 7 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

39F Effect of order for release of seized vehicle or container

Where the Minister makes an order under section 39D(2) in respect of a vehicle or container that has been forfeited to the Crown, the forfeiture order made in respect of that vehicle or container shall cease to have effect.

Section 39F: inserted, on 12 August 1991, by section 7 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

40 Custody of seized specimens

(1)

Where, in the opinion of the Director-General, any specimen seized pursuant to subsection (2) or subsection (3) of section 39 may die, rot, spoil, or otherwise perish, the Director-General may dispose of it in accordance with section 42(1) as if that specimen was forfeit to the Crown.

(2)

Where the ownership of—

(a)

any specimen seized pursuant to subsection (2) or subsection (3) of section 39; or

(b)

any receptacle or thing seized pursuant to section 39(4),—

cannot, at the time of seizure or within 90 days from the date of seizure, be ascertained it shall be forfeit to the Crown, and—

(c)

in the case of a specimen, be disposed of in accordance with section 42; or

(d)

in the case of a receptacle or thing, be disposed of as directed by the Director-General, subject to any conditions imposed by the court pursuant to the proviso to subsection (4) of section 39.

(3)

Except as provided in subsections (1) and (2) of this section,—

(a)

every specimen seized pursuant to subsection (2) or subsection (3) of section 39; and

(b)

every receptacle or thing seized pursuant to section 39(4)

shall be held in the custody of the Crown until—

(c)

a decision is made not to file any charging document in respect of the alleged offence for which the specimen, receptacle, or thing was seized; or

(d)

where such a charging document is filed, upon the completion of proceedings in respect of the alleged offence for which the specimen, receptacle, or thing was seized, or such sooner time as the court may determine.

(4)

The decision whether or not to file any charging document in respect of an alleged offence for which any specimen, receptacle, or thing is seized under section 39 shall be made as soon as reasonably practicable after that specimen, receptacle, or thing is seized, taken possession of, or detained.

Section 40(2)(b): amended, on 17 May 2005, by section 3(1) of the Trade in Endangered Species Amendment Act 2005 (2005 No 71).

Section 40(3)(b): amended, on 17 May 2005, by section 3(2) of the Trade in Endangered Species Amendment Act 2005 (2005 No 71).

Section 40(3)(c): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 40(3)(d): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 40(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 40(4): amended, on 17 May 2005, by section 3(3) of the Trade in Endangered Species Amendment Act 2005 (2005 No 71).

41 Release of seized specimens

Subject to subsection (1) of section 39 and subsections (1) and (2) of section 40, where any specimen, receptacle, or thing has been seized under section 39 and not previously returned by the court pursuant to the proviso to subsection (4) of section 39, then—

(a)

on a decision being made not to file a charging document; or

(b)

on the acquittal of any person charged with an offence for which the specimen, receptacle, or thing is subject to forfeiture—

such specimen, receptacle, or thing shall forthwith be released from the custody of the Crown to the owner or person who had possession of the specimen, receptacle, or thing at the time of seizure.

Section 41: amended, on 17 May 2005, by section 4 of the Trade in Endangered Species Amendment Act 2005 (2005 No 71).

Section 41: amended, on 12 August 1991, by section 8 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

Section 41(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

42 Disposal of seized specimens

(1)

Any specimen of an endangered, threatened, or exploited species forfeited to the Crown shall be disposed of in such manner as the Director-General may direct, after consultation with the relevant scientific and management authorities.

(2)

The Director-General may negotiate the return, and the payment of any costs associated with that return, of any specimen imported into New Zealand, otherwise than in accordance with this Act, with the management authority of the country from where that specimen originated.

(3)

All costs and expenses of and attendant upon any disposal of a specimen forfeited to the Crown and seized under section 39(1) shall be borne by the owner or the person who had possession thereof, and shall be recoverable from him or her as a debt due to the Crown, and no compensation shall be payable in respect thereof.

(4)

Notwithstanding sections 39(1), 40(1) and (2) and section 51(1), any specimen of an endangered, threatened, or exploited species seized under section 39 that is deemed to be the property of the Crown under section 57 of the Wildlife Act 1953 shall be disposed of in accordance with that Act.

Section 42(3): amended, on 17 May 2005, by section 5 of the Trade in Endangered Species Amendment Act 2005 (2005 No 71).

43 Duty of officers and employees of postal operators

(1)

It is the duty of all officers and employees of every postal operator within the meaning of the Postal Services Act 1998 to assist in carrying out the provisions of this Part and to prevent the import into and export from New Zealand of any specimen of an endangered, threatened, or exploited species otherwise than in accordance with this Act.

(2)

Where any postal article (within the meaning of the Postal Services Act 1998) is delivered, pursuant to section 10(2)(c) of that Act, to the Director-General or to such other person as the Director-General has directed, the provisions of this Act, so far as applicable and with all necessary modifications, apply as if the postal article had been seized, pursuant to subsection (2) or subsection (3) of section 39 of this Act (whichever subsection is applicable), on the date of that delivery.

Section 43: substituted, on 1 April 1998, by section 62(1) of the Postal Services Act 1998 (1998 No 2).

Part 4 Miscellaneous provisions

43A Taking and analysis of samples of specimens

(1)

Where, in any application made under this Act, a question arises as to whether a specimen of any animal has been bred in captivity and the Director-General has reasonable cause to suspect that the specimen has not been bred in captivity, the Director-General may, prior to making a decision on the application, require that any specimen be subject to the taking of such samples for the purpose of such analysis as the Director-General considers necessary to determine whether the specimen concerned has been bred in captivity.

(2)

Subject to subsection (3), such samples are to be taken by and under the supervision of such person or persons as the Director-General specifies.

(3)

Every such sample from a live animal must be taken by a veterinary surgeon where requested by the owner or person in charge of the animal.

(4)

The Director-General may require an applicant to bear the cost of taking and analysis of samples required pursuant to this section.

Section 43A: inserted, on 14 May 1998, by section 11 of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).

44 Trading in endangered, threatened, or exploited species without permit or certificate

(1)

Every person commits an offence who—

(a)

trades in any specimen of an endangered species without the appropriate permit or certificate granted under any of sections 13 to 16; or

(b)

trades in any specimen of a threatened species without the appropriate permit or certificate granted under any of sections 17 to 20; or

(c)

trades in any specimen of an exploited species without the appropriate permit or certificate granted under any of sections 21 to 24.

(2)

Every person who commits an offence against subsection (1)(a) is liable on conviction,—

(a)

in the case of a natural person, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $100,000, or to both:

(b)

in the case of a body corporate, to a fine not exceeding $200,000.

(3)

Every person who commits an offence against subsection (1)(b) is liable on conviction,—

(a)

in the case of a natural person, to imprisonment for a term not exceeding 3 years or to a fine not exceeding $50,000, or to both:

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

(4)

Every person who commits an offence against subsection (1)(c) is liable on conviction,—

(a)

in the case of a natural person, to a fine not exceeding $37,500:

(b)

in the case of a body corporate, to a fine not exceeding $75,000.

Section 44: substituted, on 12 August 1991, by section 9 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

Section 44(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 44(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 44(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

45 Possession of specimens of endangered, threatened, or exploited species

(1)

Every person commits an offence who has in his or her possession, or has under his or her control though under the custody of another, any specimen of an endangered, threatened, or exploited species that he or she knows or has reasonable grounds for suspecting

(a)

has been imported or introduced from the sea into New Zealand otherwise than in accordance with this Act; or

(b)

is intended to be exported or re-exported from New Zealand otherwise than in accordance with this Act.

(2)

Every person who commits an offence against subsection (1) in respect of a specimen of an endangered species is liable on conviction,—

(a)

in the case of a natural person, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $100,000, or to both:

(b)

in the case of a body corporate, to a fine not exceeding $200,000.

(3)

Every person who commits an offence against subsection (1) in respect of a specimen of a threatened species is liable on conviction,—

(a)

in the case of a natural person, to imprisonment for a term not exceeding 3 years or to a fine not exceeding $50,000, or to both:

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

(4)

Every person who commits an offence against subsection (1) in respect of a specimen of an exploited species is liable on conviction,—

(a)

in the case of a natural person, to a fine not exceeding $37,500:

(b)

in the case of a body corporate, to a fine not exceeding $75,000.

Section 45: substituted, on 12 August 1991, by section 9 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

Section 45(1): amended, on 14 May 1998, by section 12 of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).

Section 45(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 45(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 45(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

46 Failure to comply with conditions of permit or certificate

(1)

Every person commits an offence who fails to comply with any of the conditions specified by the Director-General in respect of any permit or certificate granted to him or her under Part 1.

(2)

Every person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of a natural person, to a fine not exceeding $10,000:

(b)

in the case of a body corporate, to a fine not exceeding $20,000.

Section 46: substituted, on 12 August 1991, by section 9 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

Section 46(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

47 Making false statements

(1)

Every person commits an offence who, for the purpose of procuring anything to be done or not to be done under Part 1 or Part 2 or Part 3, whether for his or her own benefit or for the benefit of any other person,—

(a)

makes a statement that he or she knows to be false in a material particular; or

(b)

recklessly makes a statement that is false in a material particular.

(2)

Every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $5,000.

Section 47: substituted, on 12 August 1991, by section 9 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

Section 47(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

48 Obstructing or hindering officer

Every person commits an offence against this Act who intentionally obstructs or hinders any officer in the performance of his or her duty under this Act.

49 General offence

Every person who commits an offence against this Act for which no penalty is provided otherwise than in this section is liable, on conviction, to a fine not exceeding $2,000.

Section 49: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

50 Onus of proof in respect of certain offences

Where any person is charged with an offence against this Act arising out of his or her doing, without a permit or certificate, any action for which a permit or certificate is required, the onus shall be on that person to prove that at the relevant time he or she held the required permit or certificate.

Section 50: amended, on 12 August 1991, by section 10 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

51 Forfeiture of property on conviction

(1)

Subject to subsection (2), on the conviction of any person for any offence against this Act,—

(a)

any specimen of an endangered, threatened, or exploited species in respect of which the offence has been committed; and

(b)

any container, packing case, crate, box, or any other form of receptacle (not being a bulk cargo container or a pallet) used in relation to the commission of the offence,—

whether or not they have been seized, taken possession of, or detained under section 39, shall be forfeit to the Crown, and disposed of,—

(c)

in the case of a specimen, in accordance with section 42:

(d)

in the case of a receptacle, as the Director-General directs.

(2)

Notwithstanding the conviction of any person for any offence against this Act, no specimen shall be forfeited or disposed of until proceedings are finally determined.

(3)

Any person whose receptacle has been forfeit to the Crown under subsection (1) or any person having a legal or equitable interest in such property may apply to the Minister within 30 days of conviction for the release of the property so forfeited; and the Minister may order the release of such property on payment to the Crown of such amount as the Minister thinks appropriate, being an amount not exceeding the amount the items otherwise forfeited are estimated by the Director-General to realise if sold by public auction in New Zealand.

(4)

Any forfeiture directed or redemption payment imposed pursuant to this section shall be in addition to, and not in substitution for, any other penalty that may be imposed by the court or by this Act.

Section 51(1): amended, on 12 August 1991, by section 11 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

Section 51(2): amended, on 12 August 1991, by section 11 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

52 Protection of officers and others

A person who does any act in pursuance or intended pursuance of any of the functions conferred on that person by or under this Act shall not be under any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground, unless the person has acted, or omitted to act, in bad faith or without reasonable cause.

53 Schedules

The Governor-General may from time to time, by Order in Council,—

(a)

add any item to, omit any item from, or amend any item in Schedule 1 or Schedule 2 or Schedule 3:

(b)

add any Part to, or omit any Part from, Schedule 1 or Schedule 2 or Schedule 3:

(c)

revoke any such schedule and substitute a new schedule—

in order that those schedules may conform with the Convention as amended from time to time.

Section 53: substituted, on 2 September 1996, by section 2 of the Trade in Endangered Species Amendment Act 1996 (1996 No 149).

54 Regulations

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

(a)

prescribing the fees to be paid in respect of any permit or certificate granted under this Act:

(b)

prescribing the recording of trade in endangered, threatened, or exploited species:

(c)

regulating the non-commercial loan, donation, and exchange between scientists and scientific institutions in New Zealand and those in other countries:

(d)

prescribing the registration of scientists and scientific institutions in New Zealand involved in such exchanges:

(e)

regulating the breeding in captivity, in the case of an animal, and the artificial propagation, in the case of a plant, of any specimen of endangered, threatened, or exploited species:

(ea)

specifying requirements with respect to taking and analysis of samples of specimens where such taking and analysis is authorised for any purpose under this Act:

(f)

prescribing offences in respect of the contravention of, or non-compliance with, any regulations made under this Act; and prescribing fines not exceeding $2,000 in respect of any such offence:

(g)

providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

Section 54(ea): inserted, on 14 May 1998, by section 13 of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).

Section 54(f): substituted, on 12 August 1991, by section 12 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

55 Consequential amendment

Amendment(s) incorporated in the Act(s).

Schedule 1 Species endangered by trade

s 3(1)

Schedule 1: replaced, on 24 February 2017, by clause 4 of the Trade in Endangered Species Order 2017 (LI 2017/22).

The classes, families, and species listed in this schedule are arranged in descending order by class, then in alphabetical order by order, family, and species. This order of arrangement is adopted in the Convention.

The entries in the column headed “Exceptions/limitations” have the effect of—

(a)

excluding nominated populations in the listed species; or

(b)

limiting the applications of the listed species to only those populations nominated; or

(c)

excluding certain species from a generic listing; or

(d)

excluding nominated varieties of specimens of the listed species.

Part 1 Fauna (animals)

Phylum—Chordata

Class—Mammalia (mammals)
OrderFamilyGenus, species, or subspeciesCommon nameExceptions/limitations
ArtiodactylaAntilocapridae—PronghornsAntilocapra americanaPronghornOnly population of Mexico. No other population is included in the schedules
Bovidae—Antelopes, cattle, duikers, gazelles, goats, sheep, etcAddax nasomaculatusAddax
Bos gaurusGaurExcludes domesticated form, referenced as Bos frontalis
Bos mutusWild YakExcludes domesticated form, referenced as Bos grunniens
Bos sauveli Kouprey
Bubalus depressicornisLowland Anoa
Bubalus mindorensisTamarou
Bubalus quarlesiMountain Anoa
Capra falconeriMarkhor
Capricornis milneedwardsiiChinese Serow
Capricornis rubidusRed Serow
Capricornis sumatraensisMainland Serow
Capricornis tharHimalayan Serow
Cephalophus jentinkiJentink’s Duiker
Gazella cuvieriCuvier’s Gazelle, Edmi Gazelle
Gazella leptocerosSlender-horned Gazelle
Hippotragus niger varianiGiant Sable Antelope
Naemorhedus baileyiRed Goral
Naemorhedus caudatusLong-tailed Goral
Naemorhedus goralGoral
Naemorhedus griseusChinese Goral
Nanger damaDama Gazelle
Oryx dammahScimitar-horned Oryx
Oryx leucoryx Arabian Oryx
Ovis ammon hodgsoniiGreat Tibetan Sheep
Ovis ammon nigrimontanaKara Tau Argali
Ovis aries ophionMouflon
Ovis aries vigneiRed Sheep
Pantholops hodgsoniiTibetan Antelope
Pseudoryx nghetinhensisVu Quang Ox
Camelidae—Camels, guanacos, vicunasVicugna vicugnaVicugnaExcept populations of Argentina (populations of provinces of Jujuy and Catamarca and semi-captive populations of provinces of Jujuy, Salta, Catamarca, La Rioja, and San Juan), Chile (population of Primera Región), Ecuador (whole population), Peru (whole population), and the Plurinational State of Bolivia (whole population), which are included in Schedule 2
Cervidae—Deer, huemuls, muntjacs, pudusAxis calamianensisCalamian Hog Deer
Axis kuhliiBawean Hog Deer
Axis porcinus annamiticusGanges Hog Deer, Indo-Chinese Hog Deer
Blastocerus dichotomusMarsh Deer
Cervus elaphus hangluKashmir Red Deer
Dama dama mesopotamicaPersian Fallow Deer
Hippocamelus sppGuemals, Huemuls
Muntiacus crinifronsBlack Muntjac
Muntiacus vuquangensisGiant Muntjac
Ozotoceros bezoarticusPampas Deer
Pudu pudaChilean Pudu
Rucervus duvauceliiSwamp Deer
Rucervus eldiiEld’s Deer
Moschidae—Musk deerMoschus sppMusk DeerOnly populations of Afghanistan, Bhutan, India, Myanmar, Nepal, and Pakistan. All other populations are included in Schedule 2
Suidae—Babirusa, hogs, pigsBabyrousa babyrussaGolden Babirusa
Babyrousa bolabatuensisBola Batu Babirusa
Babyrousa celebensisSulawesi Babirusa
Babyrousa togeanensis Togian Babirusa
Sus salvaniusPygmy Hog
Tayassuidae—PeccariesCatagonus wagneriChacco Peccary
CarnivoraAiluridae—Red pandasAilurus fulgensRed Panda
Canidae—Dogs, foxes, wolvesCanis lupusGrey WolfOnly populations of Bhutan, India, Nepal, and Pakistan. All other populations are included in Schedule 2. Excludes domesticated form and dingo, which are referenced as Canus lupus familiaris and Canus lupus dingo
Speothos venaticusBush Dog
Felidae—CatsAcinonyx jubatusCheetahAnnual export quotas for live specimens and hunting trophies are granted as follows: Botswana (5), Namibia (150), and Zimbabwe (50). Trade in such specimens is subject to provisions of Article III of Convention. Consult Department of Conservation for details
Caracal caracalCaracalOnly population of Asia. All other populations are included in Schedule 2
Catopuma temminckiiTemminck’s Golden Cat
Felis nigripesBlack-footed Cat
Leopardus geoffroyiGeoffroy’s Cat
Leopardus jacobitusAndean Mountain Cat
Leopardus pardalisOcelot
Leopardus tigrinusLittle Spotted Cat
Leopardus wiediiMargay
Lynx pardinusSpanish Lynx
Neofelis nebulosaClouded Leopard
Panthera leo persicaAsiatic Lion
Panthera oncaJaguar
Panthera pardusLeopard
Panthera tigrisTiger
Pardofelis marmorataMarbled Cat
Prionailurus bengalensis bengalensisLeopard CatOnly populations of Bangladesh, India, and Thailand. All other populations are included in Schedule 2
Prionailurus planicepsFlat-headed Cat
Prionailurus rubiginosusRusty-spotted CatOnly population of India. All other populations are included in Schedule 2
Puma concolor costaricensisCosta Rica Cougar
Puma yagouaroundiJaguarundiOnly populations of Central and North America. All other populations are included in Schedule 2
Uncia unciaSnow Leopard
Lutrinae—OttersAonyx capensis microdonAfrican Clawless OtterOnly populations of Cameroon and Nigeria. All other populations are included in Schedule 2
Enhydra lutris nereisSouthern Sea Otter
Lontra felina Marine Otter
Lontra longicaudisLong-tailed Otter
Lontra provocaxSouthern River Otter
Lutra lutraEurasian Otter
Lutra nipponJapanese River Otter
Pteronura brasiliensisGiant Otter
Mustelinae—Grisons, honey badgers, martens, tayra, weaselsMustela nigripesBlack-footed Ferret
Otariidae—Fur seals, sea lionsArctocephalus townsendiGuadelupe Fur Seal
Phocidae—SealsMonachus sppMonk Seals
Ursidae—Bears, giant pandasAiluropoda melanoleucaGiant Panda
Helarctos malayanusSun Bear
Melursus ursinusIndian Sloth Bear
Tremarctos ornatusSpectacled Bear
Ursus arctosBrown BearOnly populations of Bhutan, China, Mexico, and Mongolia. All other populations are included in Schedule 2
Ursus arctos isabellinusRed or Himalayan Brown Bear
Ursus thibetanus Asiatic Black Bear
Viverridae—Binturong, civets, linsangs, otter-civet, palm civetsPrionodon pardicolorSpotted Linsang
CetaceaBalaenidae—Bowhead whale, right whalesBalaena mysticetusBowhead Whale
Eubalaena sppRight Whales
Balaenopteridae—Fin whales, humpback whales, rorqualsBalaenoptera acutorostrataNorthern Minke WhaleExcept population of West Greenland, which is included in Schedule 2
Balaenoptera bonaerensisSouthern Minke Whale
Balaenoptera borealisSei Whale
Balaenoptera edeniBryde’s Whale
Balaenoptera musculusBlue Whale
Balaenoptera omuraiOmura’s Whale
Balaenoptera physalusFin Whale
Megaptera novaeangliaeHumpback Whale
Delphinidae—DolphinsOrcaella brevirostrisIrrawaddy Dolphin
Orcaella heinsohniAustralian Snubfin Dolphin
Sotalia sppRiver Dolphins, Tucuxi
Sousa sppHumpback Dolphins
Eschrichtiidae—Grey whaleEschrichtius robustusGrey Whale
Iniidae—River dolphinsLipotes vexilliferBaiji, Yangtse River Dolphin
Neobalaenidae—Pygmy right whaleCaperea marginataPygmy Right Whale
Phocoenidae—PorpoisesNeophocaena asiaeorientalisFinless Porpoise, Narrow-ridged Finless Porpoise
Neophocaena phocaenoidesBlack Finless Porpoise
Phocoena sinusPacific Harbour Porpoise
Physeteridae—Sperm whalesPhyseter macrocephalusSperm Whale
Platanistidae—River dolphinsPlatanista sppGanges and Indus dolphins
Ziphiidae—Beaked whales, bottle-nosed whalesBerardius sppBeaked Whales
Hyperoodon sppBottle-nose Whales
ChiropteraPteropodidae—Fruit bats, flying foxesAcerodon jubatusGolden-capped Fruit Bat
Pteropus insularisTruk Fruit Bat
Pteropus loochoensisOkinawa Flying Fox
Pteropus mariannusMarianas Flying Fox
Pteropus molossinusPohnpei Fruit Bat
Pteropus pelewensisPalau Fruit Bat
Pteropus pilosusLarge Palau Fruit Bat
Pteropus samoensisSamoan Fruit Bat
Pteropus tonganusInsular Flying Fox
Pteropus ualanusKosrae Flying Fox
Pteropus yapensisYap Flying Fox
CingulataDasypodidae—ArmadillosPriodontes maximusGiant Armadillo
DasyuromorphiaDasyuridae—DunnartsSminthopsis longicaudataLong-tailed Dunnart
Sminthopsis psammophilaLarge Desert Marsupial-mouse
DiprotodontiaMacropodidae—Kangaroos, WallabiesLagorchestes hirsutusWestern Hare Wallaby
Lagostrophus fasciatusBanded Hare Wallaby
Onychogalea fraenataBridled Nailtail Wallaby
Potoroidae—Rat-kangaroosBettongia sppRat-Kangaroos
Vombatidae—WombatsLasiorhinus krefftiiNorthern Hairy-nosed Wombat
LagomorphaLeporidae—Hares, rabbitsCaprolagus hispidusAssam Rabbit, Hispid Hare
Romerolagus diaziVolcano Rabbit
PeramelemorphiaPeramelidae—Bandicoots, echymiperasPerameles bougainvilleBarred Bandicoot
Thylacomyidae—BilbiesMacrotis lagotisBilby
PerissodactylaEquidae—Horses, wild asses, zebrasEquus africanusAfrican Wild AssExcludes domesticated form, referenced as Equus asinus
Equus grevyiGrevy’s Zebra
Equus hemionus hemionusMongolian Wild Ass
Equus hemionus khurIndian Wild Ass
Equus przewalskiiPrzewalski’s Wild Horse
Rhinocerotidae—
Rhinoceroses
Rhinocerotidae sppRhinocerosesExcept subspecies included in Schedule 2
Tapiridae—TapirsTapiridae sppTapirsExcept species included in Schedule 2
PholidotaManidae—PangolinsManis crassicaudataIndian Pangolin
Manis culionensisPhilippine Pangolin
Manis giganteaGiant Pangolin
Manis javanicaSunda Pangolin
Manis pentadactylaChinese Pangolin
Manis temminckiiSouth African Pangolin
Manis tetradactylaLong-tailed Pangolin
Manis tricuspisWhite-bellied Pangolin
Primates—Apes, monkeysAtelidae—Howler monkeys, spider monkeysAlouatta coibensisCoiba Island Howler Monkey
Alouatta palliataMantled Howler Monkey
Alouatta pigraGuatemalan Mantled Howler Monkey
Ateles geoffroyi frontatusBlack-browed Spider Monkey
Ateles geoffroyi ornatusRed Spider Monkey
Brachyteles arachnoidesWoolly Spider Monkey
Brachyteles hypoxanthusNorthern Muriqui
Oreonax flavicaudaWoolly Monkey
Cebidae—Marmosets, tamarins, New World monkeysCallimico goeldiiGoeldi’s Marmoset
Callithrix auritaWhite-eared Marmoset
Callithrix flavicepsBuff-headed Marmoset
Leontopithecus sppLion Tamarins
Saguinus bicolorBrazilian Bare-faced Tamarin
Saguinus geoffroyiGeoffroy’s Tamarin
Saguinus leucopusWhite-footed Tamarin
Saguinus martinsiMartin’s Tamarin
Saguinus oedipusCotton-headed Tamarin
Saimiri oerstediiRed-backed Squirrel Monkey
Cercopithecidae—Old World monkeysCercocebus galeritusTana River Mangabey
Cercopithecus dianaDiana Monkey
Cercopithecus rolowayRoloway Monkey
Macaca silenusWanderoo
Macaca sylvanusBarbary Ape, Barbary Macaque
Mandrillus leucophaeusDrill
Mandrillus sphinxMandrill
Nasalis larvatusProboscis Monkey
Piliocolobus kirkiiKirk’s Colobus
Piliocolobus rufomitratusTana River Colobus
Presbytis potenzianiMentawi Leaf-monkey
Pygathrix sppLangurs
Rhinopithecus sppSnub-nosed Monkeys
Semnopithecus ajaxKashmir Grey Langur
Semnopithecus dussumieriSouthern Plains Grey Langur
Semnopithecus entellusHanuman Langur
Semnopithecus hectorTarai Grey Langur
Semnopithecus hypoleucosBlack-footed Grey Langur
Semnopithecus priamTufted Grey Langur
Semnopithecus schistaceusNepal Grey Langur
Simias concolorPig-tailed Langur
Trachypithecus geeiGolden Langur
Trachypithecus pileatusCapped Langur
Trachypithecus shortridgeiShortridge’s Langur
Cheirogaleidae—Dwarf lemursCheirogaleidae sppDwarf Lemurs, Mouse Lemurs
Daubentoniidae—Aye-ayeDaubentonia madagascariensisAye-aye
Hominidae—Apes, chimpanzees, gorillas, orang-utansGorilla beringeiMountain Gorilla
Gorilla gorillaGorilla
Pan sppChimpanzees
Pongo abeliiSumatran Orang-utan
Pongo pygmaeusOrang-utan
Hylobatidae—GibbonsHylobatidae sppGibbons
Indriidae—Indris, sifakas, woolly lemursIndriidae sppSifakas, Indris
Lemuridae—Large lemursLemuridae sppLemurs
Lepilemuridae—Sportive lemursLepilemuridae sppSportive Lemurs
Lorisidae—LorisesNycticebus sppSlow Lorises
Pitheciidae—Sakis, uakarisCacajao sppUakaris
Chiropotes albinasusWhite-nosed Saki
ProboscideaElephantidae—ElephantsElephas maximusAsiatic Elephant
Loxodonta africanaAfrican ElephantExcept populations of Botswana, Namibia, South Africa, and Zimbabwe, which are included in Schedule 2
RodentiaChinchillidae—ChinchillasChinchilla sppChinchillasExcept all specimens of domesticated form
Muridae—Mice, ratsLeporillus conditorStick Nest Rat
Pseudomys fieldi praeconisShark Bay Mouse
Xeromys myoidesFalse Water Rat
Zyzomys pedunculatusCentral Rock Rat
Sciuridae—Ground squirrels, tree squirrelsCynomys mexicanusMexican Prairie Dog
SireniaDugongidae—DugongDugong dugonDugong
Trichechidae—ManateesTrichechus inunguisSouth American Manatee
Trichechus manatusWest Indian Manatee
Trichechus senegalensisWest African Manatee
Class—Aves (birds)
OrderFamilyGenus, species, or subspeciesCommon nameExceptions/limitations
AnseriformesAnatidae—Ducks, geese, swans, etcAnas aucklandicaAuckland Island Teal
Anas chlorotisBrown Teal
Anas laysanensisLaysan Duck
Anas nesiotisCampbell Island Teal
Asarcornis scutulataWhite-winged Wood Duck
Branta canadensis leucopareiaAleutian Canada Goose
Branta sandvicensisHawaiian Goose, Nene
Rhodonessa caryophyllacea (possibly extinct)Pink-headed Duck
ApodiformesTrochilidae—HummingbirdsGlaucis dohrniiHook-billed Hermit
CharadriiformesLaridae—GullsLarus relictusRelict Gull
Scolopacidae—Curlews, greenshanksNumenius borealisEskimo Curlew
Numenius tenuirostrisSlender-billed Curlew
Tringa guttiferSpotted Greenshank
CiconiiformesCiconiidae—StorksCiconia boycianaOriental White Stork
Jabiru mycteriaJabiru Stork
Mycteria cinereaMilky Stork
Threskiornithidae—Ibises, spoonbillsGeronticus eremitaWaldrapp Ibis
Nipponia nipponJapanese Crested Ibis
ColumbiformesColumbidae—Doves, pigeonsCaloenas nicobaricaNicobar Pigeon
Ducula mindorensisMindoro Imperial Pigeon
CoraciiformesBucerotidae—HornbillsAceros nipalensisRufous-necked Hornbill
Buceros bicornisGreat Indian Hornbill
Rhinoplax vigilHelmeted Hornbill
Rhyticeros subruficollisPlain-pouched Hornbill
Falconiformes—
Eagles, falcons, hawks, vultures
Accipitridae—Hawks, eaglesAquila adalbertiSpanish Imperial Eagle
Aquila heliacaImperial Eagle
Chondrohierax uncinatus wilsoniiCuban Hook-billed Kite
Haliaeetus albicillaWhite-tailed Sea Eagle
Harpia harpyjaHarpy Eagle
Pithecophaga jefferyiMonkey-eating Eagle
Cathartidae—New World vulturesGymnogyps californianusCalifornia Condor
Vultur gryphusAndean Condor
Falconidae—FalconsFalco araeusSeychelles Kestrel
Falco juggerLaggar Falcon
Falco newtoniAldabra KestrelOnly population of Seychelles
Falco pelegrinoidesBarbary Falcon
Falco peregrinusPeregrine Falcon
Falco punctatusMauritius Kestrel
Falco rusticolusGyrfalcon
GalliformesCracidae—Chachalacas, curassows, guansCrax blumenbachiiRed-billed Curassow
Mitu mituRazor-billed Curassow, Mitu
Oreophasis derbianusHorned Guan
Penelope albipennisWhite-winged Guan
Pipile jacutingaBlack-fronted Piping Guan
Pipile pipileTrinidad Piping Guan
Megapodiidae—Megapodes, scrubfowlMacrocephalon maleoMaleo (Fowl)
Phasianidae—Grouse, guineafowl, partridges, peafowl, pheasants, tragopansCatreus wallichiiCheer Pheasant
Colinus virginianus ridgwayiMasked Bobwhite Quail
Crossoptilon crossoptilonWhite-eared Pheasant
Crossoptilon mantchuricumBrown-eared Pheasant
Lophophorus impejanusHimalayan Impeyan Pheasant
Lophophorus lhuysiiChinese Monal Pheasant
Lophophorus sclateriSclater’s Monal Pheasant
Lophura edwardsiEdward’s Pheasant
Lophura swinhoiiSwinhoes’s Pheasant
Polyplectron napoleonisPalawan Peacock Pheasant
Rheinardia ocellataCrested Argus
Syrmaticus elliotiElliot’s Pheasant
Syrmaticus humiaeBar-tailed Pheasant
Syrmaticus mikadoMikado Pheasant
Tetraogallus caspiusCaspian Snowcock
Tetraogallus tibetanusTibetan Snowcock
Tragopan blythiiBlyth’s Tragopan, Grey-bellied Tragopan
Tragopan cabotiCabot’s Tragopan, Yellow-billed Tragopan
Tragopan melanocephalusWestern Tragopan, Western Horned Pheasant
GruiformesGruidae—CranesGrus americanaWhooping Crane
Grus canadensis nesiotesCuban Sandhill Crane
Grus canadensis pullaMississippi Sandhill Crane
Grus japonensisManchurian Crane
Grus leucogeranusSiberian White Crane
Grus monachaHooded Crane
Grus nigricollisBlack-necked Crane
Grus vipioWhite-naped Crane
Otididae—BustardsArdeotis nigricepsGreat Indian Bustard
Chlamydotis macqueeniiMacqueen’s Bustard
Chlamydotis undulataHoubara Bustard
Houbaropsis bengalensisBengal Bustard
Rallidae—RailsGallirallus sylvestrisLord Howe Woodrail
Rhynochetidae—KaguRhynochetos jubatusKagu
PasseriformesAtrichornithidae—Scrub-birdsAtrichornis clamosusNoisy Scrub-bird
Cotingidae—CotingasCotinga maculataBanded Cotinga
Xipholena atropurpureaWhite-winged Cotinga
Fringillidae—FinchesCarduelis cucullataRed Siskin
Hirundinidae—MartinsPseudochelidon sirintaraeWhite-eyed River Martin
Icteridae—New World blackbirdsXanthopsar flavusSaffron-cowled Blackbird
Muscicapidae—Old World flycatchersDasyornis broadbenti litoralis (possibly extinct)Western Rufous Bristlebird
Dasyornis longirostrisWestern Bristlebird
Picathartes gymnocephalusBare-headed Rockfowl
Picathartes oreasGrey-necked Rockfowl
Pittidae—PittasPitta gurneyiGuerney’s Pitta
Pitta kochiKoch’s Pitta
Sturnidae—Mynas, starlingsLeucopsar rothschildiBali Starling, Rothschild’s Mynah
Zosteropidae—White-eyesZosterops albogularisNorfolk White-throated White-eye
PelecaniformesFregatidae—FrigatebirdsFregata andrewsiChristmas Island Frigatebird
Pelecanidae—PelicansPelecanus crispusDalmatian Pelican
Sulidae—GannetsPapasula abbottiAbbott’s Booby
PiciformesPicidae—WoodpeckersDryocopus javensis richardsiTristram’s Woodpecker
PodicipediformesPodicipedidae—GrebesPodilymbus gigasAtitlan Grebe
ProcellariiformesDiomedeidae—AlbatrossesPhoebastria albatrusShort-tailed Albatross
PsittaciformesCacatuidae—CockatoosCacatua goffinianaGoffin’s Cockatoo
Cacatua haematuropygiaRed-vented Cockatoo
Cacatua moluccensisMoluccan Cockatoo, Salmon-crested Cockatoo
Cacatua sulphureaLesser Sulphur-crested Cockatoo, Yellow-crested Cockatoo
Probosciger aterrimusPalm Cockatoo
Loriidae—Lories, lorikeetsEos histrioRed-and-blue Lory
Vini ultramarinaUltramarine Lory
Psittacidae—Amazons, macaws, parakeets, parrotsAmazona arausiacaRed-necked Amazon Parrot
Amazona auropalliataYellow-naped Amazon, Yellow-naped Parrot
Amazona barbadensisYellow-shouldered Amazon Parrot
Amazona brasiliensisRed-tailed Amazon Parrot
Amazona finschiLilac-crowned Amazon
Amazona guildingiiSt. Vincent Amazon, St. Vincent Parrot
Amazona imperialisImperial Amazon, Imperial Parrot
Amazona leucocephalaCuban Amazon, Cuban Parrot
Amazona oratrixYellow-headed Amazon, Yellow-headed Parrot
Amazona pretreiRed-spectacled Amazon, Red-spectacled Parrot
Amazona rhodocorythaRed-browed Amazon, Red-topped Parrot
Amazona tucumanaTucuman Amazon, Alder Parrot
Amazona versicolorSt. Lucia Amazon,
St. Lucia Parrot
Amazona vinaceaVinaceous Amazon, Vinaceous Parrot
Amazona viridigenalisGreen-cheeked Amazon, Green-cheeked Parrot
Amazona vittataPuerto Rican Amazon, Puerto Rican Parrot
Anodorhynchus sppGlaucous, Hyacinth, and Lear’s Macaws
Ara ambiguusGreat Green Macaw
Ara glaucogularisCaninde Macaw
Ara macaoScarlet Macaw
Ara militarisMilitary Macaw
Ara rubrogenysRed-fronted Macaw
Cyanopsitta spixiiSpix’s Macaw
Cyanoramphus cookiiNorfolk Island Green Parrot, Norfolk Island Parakeet
Cyanoramphus forbesiForbes’s Yellow-fronted Parakeet, Chatham Island Yellow-fronted Parakeet
Cyanoramphus novaezelandiaeRed-crowned Parakeet
Cyanoramphus saissetiRed-crowned Parakeet
Cyclopsitta diophthalma coxeniCoxen’s Double-eyed Fig Parrot
Eunymphicus cornutusHorned Parakeet
Guarouba guaroubaGolden Conure, Golden Parakeet
Neophema chrysogasterOrange-bellied Parakeet
Ognorhynchus icterotisYellow-eared Conure
Pezoporus occidentalis (possibly extinct)Night Parrot
Pezoporus wallicusGround Parrot
Pionopsitta pileataPileated Parrot
Primolius couloniBlue-headed Macaw
Primolius maracanaBlue-winged Macaw
Psephotus chrysopterygiusGolden-shouldered Parrot
Psephotus dissimilisHooded Parrot
Psephotus pulcherrimus (possibly extinct)Paradise Parrot
Psittacula echoMauritius Parakeet
Psittacus erithacusAfrican Gray Parrot
Pyrrhura cruentataBlue-throated Conure
Rhynchopsitta sppThick-billed Parrot, Maroon-fronted Parrot
Strigops habroptilusKakapo
RheiformesRheidae—RheasPterocnemia pennataDarwin’s RheaExcept Pterocnemia pennata pennata, which is included in Schedule 2
SphenisciformesSpheniscidae—PenguinsSpheniscus humboldtiHumboldt Penguin
Strigiformes—OwlsStrigidae—OwlsHeteroglaux blewittiForest Spotted Owl
Mimizuku gurneyiGiant Scops Owl
Ninox natalisChristmas Island Hawk-owl
Tytonidae—Barn owlsTyto soumagneiMadagascar Owl
StruthioniformesStruthionidae—OstrichesStruthio camelusOstrichOnly populations of Algeria, Burkina Faso, Cameroon, Central African Republic, Chad, Mali, Mauritania, Morocco, Niger, Nigeria, Senegal, and Sudan. No other populations are included in the schedules
TinamiformesTinamidae—TinamousTinamus solitariusSolitary Tinamou
TrogoniformesTrogonidae—QuetzalsPharomachrus mocinnoResplendent Quetzal
Class—Reptilia (reptiles)
OrderFamilyGenus, species, or subspeciesCommon nameExceptions/limitations
Crocodylia—
Alligators, caimans, crocodiles
Alligatoridae—Alligators, caimansAlligator sinensisChinese Alligator
Caiman crocodilus apaporiensisRio Apaporis Spectacled Caiman
Caiman latirostrisBroad-snouted CaimanExcept population of Argentina, which is included in Schedule 2
Melanosuchus nigerBlack CaimanExcept population of Brazil, which is included in Schedule 2, and population of Ecuador, which is included in Schedule 2 and is subject to zero annual export quota until annual export quota has been approved by CITES Secretariat and IUCN/SSC Crocodile Specialist Group
Crocodylidae—CrocodilesCrocodylus acutusAmerican CrocodileExcept population of Integrated Management District of Mangroves of the Bay of Cispata, Tinajones, La Balsa and Surrounding Areas, Department of Córdoba, Colombia, and population of Cuba, which are included in Schedule 2
Crocodylus cataphractusAfrican Slender-snouted Crocodile
Crocodylus intermediusOrinoco Crocodile
Crocodylus mindorensisMindoro Crocodile
Crocodylus moreletiiBelize CrocodileExcept population of Belize, which is included in Schedule 2 with a zero quota for wild specimens traded for commercial purposes, and population of Mexico, which is included in Schedule 2
Crocodylus niloticusNile CrocodileExcept populations of Botswana, Egypt (subject to zero quota for wild specimens traded for commercial purposes), Ethiopia, Kenya, Madagascar, Malawi, Mozambique, Namibia, South Africa, Uganda, United Republic of Tanzania (subject to 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 Schedule 2
Crocodylus palustrisMarsh Crocodile
Crocodylus porosusSaltwater CrocodileExcept 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 Schedule 2
Crocodylus rhombiferCuban Crocodile
Crocodylus siamensisSiamese Crocodile
Osteolaemus tetraspisDwarf Crocodile
Tomistoma schlegeliiFalse Gavial
Gavialidae—GavialsGavialis gangeticusGharial
RhynchocephaliaSphenodontidae—TuataraSphenodon sppTuatara
SauriaAnguidae—Alligator lizardsAbronia anzuetoiAnzuetoi Alligator Lizard
Abronia campbelliCampbell’s Alligator Lizard
Abronia fimbriata
Abronia frostiFrost’s Alligator Lizard
Abronia meledonaMeledona Alligator Lizard
Chamaeleonidae—ChameleonsBrookesia perarmataAntsingy Leaf Chameleon
Gekkonidae—GeckosCnemaspis psychedelicaPsychedelic Rock Gecko
Lygodactylus williamsiTurquoise Dwarf Gecko
Helodermatidae—Beaded lizards, gila monstersHeloderma horridum charlesbogertiGuatemalan Beaded Lizard, Blue Beaded Lizard
Iguanidae—IguanasBrachylophus sppFiji Iguanas
Cyclura sppGround Iguanas
Sauromalus variusPiebald Chuckwalla
Lacertidae—LizardsGallotia simonyiHierro Giant Lizard
Varanidae—Monitor lizardsVaranus bengalensisIndian Monitor
Varanus flavescensYellow Monitor
Varanus griseusDesert Monitor
Varanus komodoensisKomodo Dragon
Varanus nebulosusBengal Monitor
Xenosauridae—Chinese crocodile lizardShinisaurus crocodilurusChinese Crocodile Lizard
SerpentesBoidae—BoasAcrantophis sppMadagascar Boas
Boa constrictor occidentalisArgentine Boa Constrictor
Epicrates inornatusPuerto Rican Boa
Epicrates monensisMona Island Boa, Virgin Islands Tree Boa
Epicrates subflavusJamaican Boa, Yellow Snake
Sanzinia madagascariensisMadagascar Tree Boa
Bolyeriidae—Round Island boasBolyeria multocarinataRound Island Burrowing Boa
Casarea dussumieriRound Island Keel-scaled Boa
Pythonidae—PythonsPython molurus molurusIndian Python, Rock Python
Viperidae—VipersVipera ursiniiOrsini’s ViperOnly population of Europe, except area that formerly constituted USSR (populations in that area, and all other areas, are not included in the schedules)
TestudinesChelidae—Austro-American sideneck turtlesPseudemydura umbrinaWestern Swamp Turtle
Cheloniidae—Sea turtlesCheloniidae sppSea Turtles
Dermochelyidae—
Leatherback turtles
Dermochelys coriaceaLeatherback Turtle
Emydidae—Box turtles, freshwater turtlesGlyptemys muhlenbergiiMuhlenberg’s Turtle, Bog Turtle
Terrapene coahuilaAquatic Box Turtle
Geoemydidae—Box turtles, freshwater turtlesBatagur affinisSouthern River Terrapin
Batagur baskaBatagur, Four-toed Terrapin, River Terrapin
Geoclemys hamiltoniiBlack Pond Turtle
Melanochelys tricarinataThree-keeled Land Tortoise
Morenia ocellataBengal Eyed Terrapin
Pangshura tectaIndian Sawback Turtle, Dura Turtle, Indian Pond Turtle
Platysternidae—Big-headed turtlesPlatysternidae sppBig-headed Turtle
Testudinidae—TortoisesAstrochelys radiataRadiated Tortoise
Astrochelys yniphoraMadagascar Tortoise
Chelonoidis nigerGalapagos Giant Tortoise
Geochelone platynotaBurmese Star Tortoise
Gopherus flavomarginatusYellow-bordered Tortoise
Psammobates geometricusGeometric Tortoise
Pyxis arachnoidesSpider Tortoise
Pyxis planicaudaFlat-backed Spider Tortoise
Testudo kleinmanniEgyptian Tortoise
Trionychidae—Softshell turtlesApalone spinifera atraCuatro Cienegas Softshell Turtle
Chitra chitraSouthest Asian Narrow-headed Softshell Turtle
Chitra vandijkiBurmese Narrow-headed Softshell Turtle
Nilssonia gangeticaIndian Softshell Turtle
Nilssonia hurumIndian Peacock Softshell Turtle
Nilssonia nigricansDark Softshell Turtle
Class—Amphibia (amphibians)
OrderFamilyGenus, species, or subspeciesCommon nameExceptions/limitations
AnuraBufonidae—ToadsAmietophrynus channingiChanning’s Toad
Amietophrynus superciliarisCameroon Toad, Zaire Toad
Altiphrynoides sppEthiopian Toads
Atelopus zetekiGolden Arrow Poison Frog
Incilius periglenesGolden Toad
Nectophrynoides sppViviparous Toads
Nimbaphrynoides sppNimba Toads
Telmatobiidae—Andean water frogsTelmatobius culeusTiticaca Water Frog
CaudataCryptobranchidae—Giant salamandersAndrias sppGiant Salamanders
Salamandridae—Newts and salamandersNeurergus kaiseriKaiser’s Spotted Newt
Class—Elasmobranchii (sharks)
OrderFamilyGenus, species, or subspeciesCommon nameExceptions/limitations
PristiformesPristidae—SawfishesPristidae sppSawfishes
Class—Actinopteri (fishes)
OrderFamilyGenus, species, or subspeciesCommon nameExceptions/limitations
AcipenseriformesAcipenseridae—SturgeonsAcipenser brevirostrumShortnose Sturgeon
Acipenser sturioCommon Sturgeon
CypriniformesCatostomidae—Cui-uiChasmistes cujusCui-ui
Cyprinidae—CarpsProbarbus jullieniIkan Temoleh
OsteoglossiformesOsteoglossidae—BonytongueScleropages formosusAsian Arowana
Scleropages inscriptusMyanmar Arowana
PerciformesSciaenidae—TotoabaTotoaba macdonaldiMacdonald’s Weakfish, Totoaba
SiluriformesPangasiidae—Pangasid catfishPangasianodon gigasGiant Catfish
Class—Coelacanthi (coelacanths)
OrderFamilyGenus, species, or subspeciesCommon nameExceptions/limitations
CoelacanthiformesLatimeriidae—CoelacanthsLatimeria sppCoelacanths

Phylum—Arthropoda

Class—Insecta (insects)
OrderFamilyGenus, species, or subspeciesCommon nameExceptions/limitations
LepidopteraPapilionidae—Birdwing butterflies, swallowtail butterfliesOrnithoptera alexandraeQueen Alexandra’s Birdwing
Papilio chikaeLuzon Peacock Swallowtail
Papilio homerusHomerus Swallowtail

Phylum—Mollusca

Class—Bivalvia (clams and mussels)
OrderFamilyGenus, species, or subspeciesCommon nameExceptions/limitations
UnionoidaUnionidae—Freshwater mussels, pearly musselsConradilla caelataBirdwing Pearl Mussel
Dromus dromasDromedary Pearly Mussel
Epioblasma curtisiCurtis Pearly Mussel
Epioblasma florentinaYellow Blossom Pearly Mussel
Epioblasma sampsoniiSampson’s Pearly Mussel
Epioblasma sulcata perobliquaWhite Catspaw Mussel
Epioblasma torulosa gubernaculumGreen-blossom Pearly Mussel
Epioblasma torulosa torulosaTuberculed-blossom Pearly Mussel
Epioblasma turgidulaTurgid Blossom Pearly Mussel
Epioblasma walkeriBrown Blossom Pearly Mussel
Fusconaia cuneolusFine-rayed Pigtoe Pearly Mussel
Fusconaia edgarianaShiny Pigtoe Pearly Mussel
Lampsilis higginsiiHiggin’s Eye Pearly Mussel
Lampsilis orbiculata orbiculataPink Mucket Pearly Mussel
Lampsilis saturPlain Pocketbook Pearly Mussel
Lampsilis virescensAlabama Lamp Pearly Mussel
Plethobasus cicatricosusWhite Warty-back Pearly Mussel
Plethobasus cooperianusOrange-footed Pimpleback Mussel, Cumberland Pigtoe Pearly Mussel
Pleurobema plenumRough Pigtoe Pearly Mussel
Potamilus capaxFat Pocketbook Pearly Mussel
Quadrula intermediaCumberland Monkey-face Pearly Mussel
Quadrula sparsaAppalachian Monkey-face Pearly Mussel
Toxolasma cylindrellaPale Lilliput Pearly Mussel
Unio nicklinianaNicklin’s Pearly Mussel
Unio tampicoensis tecomatensisTampico Pearly Mussel
Villosa trabalisCumberland Bean Pearly Mussel
Class—Gastropoda (snails and conches)
OrderFamilyGenus, species, or subspeciesCommon nameExceptions/limitations
StylommatophoraAchatinellidae—Agate snails, Oahu tree snailsAchatinella sppAgate Shells, Tree Snails
Cepolidae—Helicoid terrestrial snailsPolymita sppCuban land snails

Part 2 Flora (plants)

FamilyGenus, species, or subspeciesCommon nameExceptions/limitations
Agavaceae—AgavesAgave parvifloraSanta Cruz Striped Agave
Apocynaceae—
Elephant trunks, hoodias
Pachypodium ambongense
Pachypodium baronii
Pachypodium decaryi
Araucariaceae—
Monkey-puzzle trees
Araucaria araucanaMonkey-puzzle Tree
Cactaceae—CactiAriocarpus sppLiving Rock Cactus
Astrophytum asteriasStar Cactus
Aztekium ritteriAztec Cactus
Coryphantha werdermanniiJabali Pincushion Cactus
Discocactus sppDiscocacti
Echinocereus ferreirianus ssp lindsayiLindsay’s Cactus
Echinocereus schmolliiLamb’s-tail Cactus
Escobaria minimaNellie’s Cory Cactus
Escobaria sneediiLee Pincushion Cactus, Sneed’s Cory Cactus
Mammillaria pectinifera (includes spp solisioides)
Melocactus conoideusConelike Turk’s-cap Cactus
Melocactus deinacanthusWonderfully-bristled Turk’s-cap Cactus
Melocactus glaucescensWoolly Waxy-stemmed Turk’s-cap Cactus
Melocactus paucispinusFew-spined Turk’s-cap Cactus
Obregonia denegriiArtichoke Cactus
Pachycereus militarisGrenadier’s Cap, Teddy-bear Cactus
Pediocactus bradyiBrady’s Pincushion Cactus
Pediocactus knowltoniiKnowlton’s Cactus
Pediocactus paradineiPark Pincushion Cactus, Houserock Valley Cactus
Pediocactus peeblesianusFickeisen Hedgehog Cactus
Pediocactus sileriSiler’s Pincushion Cactus
Pelecyphora sppHatchet Cacti
Sclerocactus blaineiBlaine’s Pincushion
Sclerocactus brevihamatus ssp tobuschii
Sclerocactus brevispinusPariette Cactus
Sclerocactus cloveraeNew Mexico Fishhook Cactus
Sclerocactus erectocentrusAcuna Cactus
Sclerocactus glaucusVinta Basin Hookless Cactus
Sclerocactus mariposensisLloyd’s Mariposa Cactus
Sclerocactus mesae-verdaeMesa-verde Cactus
Sclerocactus nyensisTonopah Fishhook Cactus
Sclerocactus papyracanthusPaper-spine Pincushion Cactus
Sclerocactus pubispinus
Sclerocactus sileriSiler’s Fishhook Cactus
Sclerocactus wetlandicusUinta Basin Hookless Cactus
Sclerocactus wrightiaeWright’s Fishhook Cactus
Strombocactus spp
Turbinicarpus sppTurbinicarps
Uebelmannia spp
Compositae (Asteraceae)—
Kuth
Saussurea costusCostus Root
Cupressaceae—
Alerce, cypresses
Fitzroya cupressoidesAlerce, Chilean False Larch
Pilgerodendron uviferumPilgerodendron, Cipres de las Guaitecas
Cycadaceae—CycadsCycas beddomei
Euphorbiaceae—
Spurges
Euphorbia ambovombensis
Euphorbia capsaintemariensis
Euphorbia cremersiiIncludes forma viridfolia and var rakotozafyi
Euphorbia cylindrifoliaIncludes Euphorbia cylindrifolia ssp tuberifera
Euphorbia decaryiIncludes Euphorbia decaryi vars ampanihyensis, robinsonii, and spirosticha
Euphorbia francoisii
Euphorbia moratiiIncludes Euphorbia moratii vars antsingiensis, bemarahensis, and multiflora
Euphorbia parvicyathophora
Euphorbia quartziticola
Euphorbia tulearensis
Fouquieriaceae—
Ocotillos
Fouquieria fasciculata
Fouquieria purpusii
Leguminosae (Fabaceae)—
Afrormosia, cristobal, palisander, rosewood, sandalwood
Dalbergia nigraBrazilian Rosewood
Liliaceae—AloesAloe albida
Aloe albiflora
Aloe alfredii
Aloe bakeri
Aloe bellatula
Aloe calcairophila
Aloe compressaIncludes Aloe compressa vars paucituberculata, rugosquamosa, and schistophila
Aloe delphinensis
Aloe descoingsii
Aloe fragilis
Aloe haworthioidesIncludes Aloe haworthioides var aurantiaca
Aloe helenae
Aloe laetaIncludes Aloe laeta var maniaensis
Aloe parallelifolia
Aloe parvula
Aloe pillansii
Aloe polyphyllaSpiral Aloe
Aloe rauhii
Aloe suzannae
Aloe versicolor
Aloe vossii
Nepenthaceae—Pitcher plants (Old World)Nepenthes khasianaIndian Pitcher Plant
Nepenthes rajahGiant Tropical Pitcher Plant
Orchidaceae—OrchidsAerangis ellisiiSeedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers are not subject to this Act, but only if specimens meet definition of artificially propagated agreed by the parties to the Convention acting together (Conference of the Parties)
Dendrobium cruentumSeedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers are not subject to this Act, but only if specimens meet definition of artificially propagated agreed by Conference of the Parties
Laelia jongheanaSeedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers are not subject to this Act, but only if specimens meet definition of artificially propagated agreed by Conference of the Parties
Laelia lobataSeedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers are not subject to this Act, but only if specimens meet definition of artificially propagated agreed by Conference of the Parties
Paphiopedilum sppSlipper Orchids, Asian Slipper OrchidsSeedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers are not subject to this Act, but only if specimens meet definition of artificially propagated agreed by Conference of the Parties
Peristeria elataDove Orchid or Holy Ghost OrchidSeedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers are not subject to this Act, but only if specimens meet definition of artificially propagated agreed by Conference of the Parties
Phragmipedium sppSlipper Orchids, South American Slipper OrchidsSeedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers are not subject to this Act, but only if specimens meet definition of artificially propagated agreed by Conference of the Parties
Renanthera imschootianaRed VandaSeedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers are not subject to this Act, but only if specimens meet definition of artificially propagated agreed by Conference of the Parties
Palmae (Arecaceae)
—Palms
Dypsis decipiensManambe Palm
Pinaceae—Firs and pinesAbies guatemalensisGuatemala Fir or Pinabete
Podocarpaceae—
Podocarps
Podocarpus parlatoreiParlatore’s Podocarp
Rubiaceae—AyugueBalmea stormiaeAyuque
Sarraceniaceae—
Pitcher plants (New World)
Sarracenia oreophilaGreen Pitcher Plant
Sarracenia rubra ssp alabamensisAlabama Canebrake Pitcher Plant
Sarracenia rubra ssp jonesiiJones’ Pitcher Plant, Mountain Sweet Pitcher Plant
Stangeriaceae—
Stangerias
Stangeria eriopusHottentot’s Head
Zamiaceae—CycadsCeratozamia spp
Encephalartos sppBread Trees or Bread Palms
Microcycas calocoma
Zamia restrepoiChigua

Schedule 2 Species threatened by trade

s 3(1)

Schedule 2: replaced, on 24 February 2017, by clause 4 of the Trade in Endangered Species Order 2017 (LI 2017/22).

The classes, families, and species listed in this schedule are arranged in descending order by class, then in alphabetical order by order, family, and species. This order of arrangement is adopted in the Convention.

The entries in the column headed “Exceptions/limitations” have the effect of—

(a)

excluding nominated populations in the listed species; or

(b)

limiting the applications of the listed species to only those populations nominated; or

(c)

excluding certain species from a generic listing; or

(d)

excluding nominated varieties of specimens of the listed species; or

(e)

limiting the application of the listed species to only those categories of specimens nominated.

When a species is included in this schedule, all parts and derivatives of the species are also included in the schedule unless the species is annotated to indicate that only specific parts and derivatives are included. The symbol # followed by a number placed against the name of a species or higher taxon included in this schedule refers to a footnote that indicates the parts or derivatives of plants that are designated as specimens subject to this Act. The footnotes are at the end of this schedule.

Part 1 Fauna (animals)

Phylum—Chordata

Class—Mammalia (mammals)
OrderFamilyGenus, species, or subspeciesCommon nameExceptions/limitations
ArtiodactylaBovidae—Antelopes, cattle, duikers, gazelles, goats, sheep, etcAmmotragus lerviaBarbary Sheep
Budorcas taxicolorTakin
Capra caucasicaWest Caucasian Tur, Western Tur
Cephalophus brookeiBrook’s Duiker
Cephalophus dorsalisBay Duiker
Cephalophus ogilbyiOgilby’s Duiker
Cephalophus silvicultorYellow-backed Duiker
Cephalophus zebraBanded Duiker
Damaliscus pygargus pygargusBontebok
Kobus lecheLechwe
Ovis ammonArgaliExcept subspecies included in Schedule 1
Ovis ariesUrial, Red SheepExcept the subspecies included in Schedule 1, the subspecies O. a. isphahanica, O. a. laristanica, O. a. musimon and O. a. orientalis, which are not included in the schedules, and the domesticated form Ovis aries aries, which is not subject to this Act
Ovis canadensisDesert BighornOnly population of Mexico. No other population is included in the schedules
Philantomba monticolaBlue Duiker
Rupicapra pyrenaica ornataAbruzzo Chamois
Saiga borealisMongolian Saiga
Saiga tataricaSaiga Antelope
Camelidae—Camels, guanacos, vicunasLama guanicoeGuanaco
Vicugna vicugnaVicuñaOnly populations of Argentina (populations of provinces of Jujuy and Catamarca and semi-captive populations of provinces of Jujuy, Salta, Catamarca, La Rioja, and San Juan), Chile (population of Primera Región), Ecuador (whole population), Peru (whole population), and Plurinational State of Bolivia (whole population). All other populations are included in Schedule 1. Consult Department of Conservation about labelling conditions
Cervidae—Deer, huemuls, muntjacs, pudusCervus elaphus bactrianusBactrian Wapiti
Pudu mephistophilesPudu
Hippopotamidae—
Hippopotamuses
Hexaprotodon liberiensisPygmy Hippopotamus
Hippopotamus amphibiusHippopotamus
Moschidae—Musk deerMoschus sppMusk DeerExcept populations of Afghanistan, Bhutan, India, Myanmar, Nepal, and Pakistan, which are included in Schedule 1
Tayassuidae—PeccariesTayassuidae sppPeccariesExcept species included in Schedule 1 and populations of Pecari tajacu of Mexico and United States of America, which are not included in the schedules
CarnivoraCanidae—Dogs, foxes, wolvesCanis lupusGrey WolfExcept populations of Bhutan, India, Nepal, and Pakistan, which are included in Schedule 1. Excludes domesticated form and dingo, which are referenced as Canus lupus familiaris and Canus lupus dingo, which are not subject to this Act
Cerdocyon thousCrab-eating Fox
Chrysocyon brachyurusManed Wolf
Cuon alpinusAsiatic Wild Dog
Lycalopex culpaeusCulpeo Fox
Lycalopex fulvipesDarwin’s Fox
Lycalopex griseusArgentine Grey Fox
Lycalopex gymnocercusAzara’s Fox
Vulpes cana Blanford’s Fox
Vulpes zerdaFennec Fox
Eupleridae—Fossa, falanouc, Malagasy civetsCryptoprocta feroxFossa
Eupleres goudotiiFalanouc
Fossa fossanaMalagasy Civet
Felidae—CatsFelidae sppAll cat speciesExcept species included in Schedule 1. Specimens of domesticated form are not subject to this Act. For Panthera leo (African populations), there is a zero annual export quota for specimens of bones, bone pieces, bone products, claws, skeletons, skulls, and teeth removed from the wild and traded for commercial purposes. Consult Department of Conservation about export quotas for specimens derived from captive breeding operations in South Africa
Mephitidae—SkunksConepatus humboldtiiHumboldt’s and Patagonian Hog-nosed Skunk
Lutrinae—OttersLutrinae sppOttersExcept species included in Schedule 1
Otariidae—Fur seals, sea lionsArctocephalus sppFur SealsExcept species included in Schedule 1
Phocidae—SealsMirounga leoninaSouthern Elephant Seal
Ursidae—Bears, giant pandasUrsidae sppBearsExcept species included in Schedule 1
Viverridae—Binturong, civets, linsangs, otter-civet, palm civetsCynogale bennettiiOtter-civet
Hemigalus derbyanusBanded Palm Civet
Prionodon linsangBanded Linsang
Cetacea—
Dolphins, porpoises, whales
Cetacea sppWhales, Dolphins, PorpoisesExcept species included in Schedule 1. Zero annual export quota for live specimens from Black Sea population of Tursiops truncatus removed from the wild and traded for primarily commercial purposes
ChiropteraPteropodidae—Fruit bats, flying foxesAcerodon sppFlying FoxesExcept species included in Schedule 1
Pteropus sppFlying FoxesExcept Pteropus brunneus and species included in Schedule 1
CingulataDasypodidae—ArmadillosChaetophractus nationiAndean Hairy Armadillo Zero annual export quota. All specimens are deemed to be specimens of species included in Schedule 1, and trade in them is regulated accordingly
DiprotodontiaMacropodidae—Kangaroos, wallabiesDendrolagus inustusGrizzled Grey Tree Kangaroo
Dendrolagus ursinusBlack Tree Kangaroo
Phalangeridae—CuscusesPhalanger intercastellanusEastern Common Cuscus
Phalanger mimicusSouthern Common Cuscus
Phalanger orientalisGrey Cuscus
Spilocuscus kraemeriAdmiralty Island Cuscus
Spilocuscus maculatusCommon Spotted Cuscus
Spilocuscus papuensisBlack Spotted Cuscus, Waigeao Cuscus
MonotremataTachyglossidae—Echidnas, spiny anteatersZaglossus sppNew Guinea Long-nosed Echidnas
PerissodactylaEquidae—Horses, wild asses, zebrasEquus hemionusAsiatic Wild AssExcept subspecies included in Schedule 1
Equus kiangKiang
Equus zebra hartmannaeHartmann’s Mountain Zebra
Equus zebra zebraCape Mountain Zebra
Rhinocerotidae—
Rhinoceroses
Ceratotherium simum simumWhite RhinocerosOnly populations of South Africa and Swaziland. All other populations are included in Schedule 1. For exclusive purpose of allowing international trade in live animals to appropriate and acceptable destinations and hunting trophies. All other specimens are deemed to be specimens of species included in Schedule 1 and trade in them is regulated accordingly
Tapiridae—TapirsTapirus terrestrisBrazilian Tapir
PholidotaManidae—PangolinsManis sppPangolinsExcept species included in Schedule 1
PilosaBradypodidae—Three-toed slothsBradypus pygmaeusPygmy Three-toed Sloth
Bradypus variegatusBolivian Three-toed Sloth
Myrmecophagidae—
American anteaters
Myrmecophaga tridactylaGiant Anteater
Primates—Apes, monkeysPrimates sppAll Monkeys, Lemurs, etcExcept species included in Schedule 1
ProboscideaElephantidae—ElephantsLoxodonta africanaAfrican ElephantOnly populations of Botswana, Namibia, South Africa, and Zimbabwe (all other populations are included in Schedule 1), 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. 11.20 (Rev. CoP17), 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:
(f)trade in individually marked and certified ekipas incorporated in finished jewellery for non-commercial 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 certain conditions (consult Department of Conservation for details)
No further proposals to allow trade in elephant ivory from populations included in Schedule 2 may be submitted for a specified period of time (consult Department of Conservation for details)
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 are deemed to be specimens of species included in Schedule 1 and the trade in them is regulated accordingly
RodentiaSciuridae—Ground squirrels, tree squirrelsRatufa sppGiant Squirrels
Scandentia—
Tree shrews
Scandentia sppTree Shrews
Class—Aves (birds)
OrderFamilyGenus, species, or subspeciesCommon nameExceptions/limitations
AnseriformesAnatidae—Ducks, geese, swans, etcAnas bernieriMadagascar Teal
Anas formosaBaikal Teal
Branta ruficollisRed-breasted Goose
Coscoroba coscorobaCoscoroba Swan
Cygnus melancoryphusBlack-necked Swan
Dendrocygna arboreaCuban Whistling Duck
Oxyura leucocephalaWhite-headed Duck
Sarkidiornis melanotosComb Duck, Knob-billed Goose
ApodiformesTrochilidae—HummingbirdsTrochilidae sppHummingbirdsExcept species included in Schedule 1
CiconiiformesBalaenicipitidae—Shoebills, whale-headed storksBalaeniceps rexShoebill, Whale-headed Stork
Ciconiidae—StorksCiconia nigraBlack Stork
Phoenicopteridae—FlamingosPhoenicopteridae sppFlamingos
Threskiornithidae—Ibises, spoonbillsEudocimus ruberScarlet Ibis
Geronticus calvusBald Ibis
Platalea leucorodiaEurasian Spoonbill, White Spoonbill
ColumbiformesColumbidae—Doves, pigeonsGallicolumba luzonicaBleeding Heart Pigeon
Goura sppCrowned or Goura Pigeons
CoraciiformesBucerotidae—HornbillsAceros sppHornbillsExcept species included in Schedule 1
Anorrhinus sppHornbills
Anthracoceros sppHornbills
Berenicornis sppHornbills
Buceros sppHornbillsExcept species included in Schedule 1
Penelopides sppHornbills
Rhyticeros sppHornbillsExcept species included in Schedule 1
CuculiformesMusophagidae—
Turacos
Tauraco sppAll species of Turaco
Falconiformes—
Eagles, falcons, hawks, vultures
Falconiformes sppAll birds of preyExcept Caracara lutosa and the species of the family Cathartidae, which are not included in the schedules, and the species included in Schedules 1 and 3
GalliformesPhasianidae—Grouse, guineafowl, partridges, peafowl, pheasants, tragopansArgusianus argusGreat Argus
Gallus sonneratiiGrey Junglefowl
Ithaginis cruentusBlood Pheasant
Pavo muticusGreen Peafowl
Polyplectron bicalcaratumGrey Peacock Pheasant
Polyplectron germainiGermain’s Peacock Pheasant
Polyplectron malacenseMalay Peacock Pheasant
Polyplectron schleiermacheriBornean Peacock Pheasant
Tympanuchus cupido attwateriAttwater’s Prairie Chicken
GruiformesGruidae—CranesGruidae sppCranesExcept species included in Schedule 1
Otididae—BustardsOtididae sppBustardsExcept species included in Schedule 1
PasseriformesCotingidae—CotingasRupicola sppCocks-of-the-rock
Emberizidae—Cardinals, tanagersGubernatrix cristataYellow Cardinal
Paroaria capitataYellow-billed Cardinal
Paroaria coronataRed-crested Cardinal
Tangara fastuosaSeven-coloured Tanager
Estrildidae—Mannikins, waxbillsAmandava formosaGreen Munia
Lonchura oryzivoraJava Sparrow
Poephila cincta cincta Black-throated Finch
Fringillidae—FinchesCarduelis yarrelliiYellow-faced Siskin
Meliphagidae—HoneyeatersLichenostomus melanops cassidixHelmeted Honeyeaters
Muscicapidae—Old World flycatchersCyornis ruckiiRueck’s Blue Flycatcher, Rueck’s Niltava
Garrulax canorusHwamei, Melodious Laughing Thrush
Garrulax taewanusTaiwan Hwamei
Leiothrix argentaurisSilver-eared Mesia
Leiothrix luteaPekin Robin
Liocichla omeiensisMount Omei Liocichla
Paradisaeidae—Birds of paradiseParadisaeidae sppBirds of Paradise
Pittidae—PittasPitta guajanaBlue-tailed Pitta
Pitta nymphaFairy Pitta
Pycnonotidae—
Bulbuls
Pycnonotus zeylanicusStraw-crowned Bulbul
Sturnidae—Mynas, starlingsGracula religiosaHill Myna
PiciformesRamphastidae—
Toucans
Pteroglossus aracariBlack-necked Aracari
Pteroglossus viridisGreen Aracari
Ramphastos sulfuratusKeel-billed Toucan
Ramphastos tocoToco Toucan
Ramphastos tucanusRed-billed Toucan
Ramphastos vitellinusChannel-billed Toucan
PsittaciformesPsittaciformes sppAll parrots and alliesExcept species included in Schedule 1, and Agapornis roseicollis (Peach-faced or Rosy-faced Lovebird), Melopsittacus undulatus (Budgerigar), Nymphicus hollandicus (Cockatiel), and Psittacula krameri (Ring-necked Parakeet), which are not included in the schedules
RheiformesRheidae—RheasPterocnemia pennata pennataSouthern Lesser Rhea
Rhea americanaGreater Rhea
SphenisciformesSpheniscidae—PenguinsSpheniscus demersusJackass Penguin
Strigiformes—OwlsStrigiformes sppOwlsExcept Sceloglaux albifacies and species included in Schedule 1
Class—Reptilia (reptiles)
OrderFamilyGenus, species, or subspeciesCommon nameExceptions/limitations
Crocodylia—
Alligators, caimans, crocodiles
Crocodylia sppCrocodiles, Alligators, Caimans, GharialsExcept species included in Schedule 1
SauriaAgamidae—Spiny-tailed lizards, agamasSaara spp Spiny-tailed Lizards
Uromastyx sppSpiny-tailed Lizards
Anguidae—Alligator lizardsAbronia sppAlligator LizardsExcept the species included in Schedule 1 (zero export quota for wild specimens for Abronia aurita, A. gaiophantasma, A. montecristoi, A. salvadorensis and A. vasconcelosii)
Chamaeleonidae—
Chameleons
Archaius sppSeychelles Tiger Chameleon
Bradypodion sppDwarf Chameleons
Brookesia sppLeaf ChameleonsExcept species included in Schedule 1
Calumma sppChameleons
Chamaeleo sppChameleons
Furcifer sppChameleons
Kinyongia sppChameleons
Nadzikambia sppChameleons
Palleon sppChameleons
Rhampholeon sppChameleons
Rieppeleon sppChameleons
Trioceros sppChameleons
Cordylidae—Spiny-tailed lizardsCordylus sppCrag Lizards, Girdled Lizards, Spiny-tailed Lizards
Hemicordylus sppFalse Girdled Lizards
Karusaurus sppGirdled Lizards
Namazonurus sppGirdled Lizards
Ninurta sppGirdled Lizards
Ouroborus sppGirdled Lizards
Pseudocordylus sppCrag Lizards
Smaug sppGirdled Lizards
Gekkonidae—GeckosNactus serpensinsulaSerpent Island Gecko
Naultinus sppNew Zealand Tree Geckos
Paroedura masobeMasobe Gecko
Phelsuma sppDay Geckos
Rhoptropella sppDay Geckos
Uroplatus sppLeaf-tailed Geckos
Helodermatidae—Beaded lizards, gila monstersHeloderma sppPoisonous LizardsExcept subspecies included in Schedule 1
Iguanidae—IguanasAmblyrhynchus cristatusGalapagos Marine Iguana
Conolophus sppGalapagos Land Iguanas
Ctenosaura bakeriUtila Spiny-tailed Iguana
Ctenosaura melanosternaRio Aguá Spiny-tailed Iguana
Ctenosaura oedirhinaRoatan Spiny-tailed Iguana
Ctenosaura palearisGuatemalan Black Iguana, Spiny-tailed Iguana
Iguana sppIguanas
Phrynosoma blainvilliiBlainville’s Horned Lizard, San Diego Horned Lizard
Phrynosoma cerroenseCedros Island Horned Lizard
Phrynosoma coronatumCoast Horned Lizard
Phrynosoma wigginsiGulf Coast Horned Lizard, Concepcion Horned Lizard
Lacertidae—LizardsPodarcis lilfordiLilford’s Wall Lizard
Podarcis pityusensisIbiza Wall Lizard
Lanthanotidae—Earless monitor lizardsLanthanotidae sppEarless monitor lizardsZero export quota for wild specimens for commercial purposes
Scincidae—SkinksCorucia zebrataPrehensile-tailed Skink
Teiidae—Caiman lizards, tegu lizardsCrocodilurus amazonicusCrocodile Tegu
Dracaena sppCaiman lizards
Salvator sppTegus
Tupinambis sppTegus
Varanidae—Monitor lizardsVaranus sppMonitorsExcept species included in Schedule 1
SerpentesBoidae—BoasBoidae sppAll Boas, Pythons, AnacondasExcept species included in Schedule 1
Bolyeriidae—Round Island boasBolyeriidae sppRound Island BoasExcept species included in Schedule 1
Colubridae—Typical snakes, water snakes, whipsnakesClelia cleliaMussurana
Cyclagras gigasFalse Water Cobra
Elachistodon westermanniIndian Egg-eating Snake
Ptyas mucosusOriental Rat Snake
Elapidae—Cobras, coral snakesHoplocephalus bungaroidesBroad-headed Snake
Naja atraChinese Cobra, Taiwan Cobra
Naja kaouthiaMonocled Cobra
Naja mandalayensisBurmese Spitting Cobra
Naja najaAsiatic Cobra
Naja oxianaCentral Asian Cobra
Naja philippinensisNorthern Philippine Cobra
Naja sagittiferaAndaman Cobra
Naja samarensisSoutheastern Philippine Cobra
Naja siamensisIndochinese Spitting Cobra
Naja sputatrixSouthern Indonesian Spitting Cobra
Naja sumatranaSumatran Cobra, Equatorial Spitting Cobra
Ophiophagus hannahKing Cobra
Loxocemidae—Mexican dwarf boasLoxocemidae sppNew World pythons
Pythonidae—PythonsPythonidae sppTrue PythonsExcept subspecies included in Schedule 1
Tropidophiidae—Wood boasTropidophiidae sppWood Boas
Viperidae—VipersAtheris desaixiAshe’s Bush Viper
Bitis worthingtoniKenya Horned Viper
Trimeresurus mangshanensisMangshan Pit Viper
Vipera wagneriIranian Viper
TestudinesCarettochelyidae—Pig-nosed turtlesCarettochelys insculptaPig-nosed Turtle
Chelidae—Austro-American sidenecked turtlesChelodina mccordiRoti Snake-necked TurtleZero export quota for specimens from wild
Dermatemydidae—
Central American river turtles
Dermatemys mawiiCentral American River Turtle
Emydidae—Box turtles, freshwater turtlesClemmys guttataSpotted Turtle
Emydoidea blandingiiBlanding’s Turtle
Glyptemys insculptaWood Turtle
Malaclemys terrapinDiamondback Terrapin
Terrapene sppAmerican Box TurtlesExcept species included in Schedule 1
Geoemydidae—Box turtles, freshwater turtlesBatagur borneoensisPainted Batagur, Painted Terrapin, Saw-jawed Turtle, Three-striped BatagurZero quota for wild specimens for commercial purposes
Batagur dhongokaThree-striped Roof Turtle
Batagur kachugaBengal Roof Turtle, Red-crowned Roofed Turtle, Sail Terrapin
Batagur trivittataBurmese Roofed TurtleZero quota for wild specimens for commercial purposes
Cuora sppAsian Box TurtlesZero quota for wild specimens for commercial purposes for Cuora aurocapitata, C. bourreti, C. flavomarginata, C. galbinifrons, C. mccordi, C. mouhotii, C. pani, C. picturata, C. trifasciata, C. yunnanensis, and C. zhoui
Cyclemys sppAsian Leaf Turtles
Geoemyda japonicaRyukyu Black-breasted Leaf Turtle
Geoemyda spengleriBlack-breasted Leaf Turtle
Hardella thurjiiBrahminy River Turtle
Heosemys annandaliiYellow-headed Temple TurtleZero quota for wild specimens for commerc