Trade in Endangered Species Act 1989

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Reprint as at 28 August 2020

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.

	Title
1	Short Title and commencement
2	Object of Act
3	Interpretation
4	Act to bind the Crown
5	No derogation from other enactments
	Administration
6	Administration of Act
7	Scientific authorities
8	Minister’s general powers
	Part 1 Trade in endangered, threatened, and exploited species
9	Trade in endangered, threatened, or exploited species
10	Application for permit or certificate
11	Grant of permits and certificates
12	Appeals to District Court on question of law
	Authority to trade in endangered species
13	Permit to export endangered species
14	Permit to import endangered species
15	Certificate to re-export endangered species
16	Certificate to introduce from the sea endangered species
	Authority to trade in threatened species
17	Permit to export threatened species
18	Permit to import threatened species
19	Certificate to re-export threatened species
20	Certificate to introduce from the sea threatened species
	Authority to trade in exploited species
21	Permit to export exploited species
22	Permit to import exploited species
23	Certificate to re-export exploited species
24	Certificate to introduce from the sea exploited species
	Permits and certificates
25	Effect of permits and certificates
26	Permit or certificate to be produced
27	Control of arrivals from overseas
28	Disposal and release of specimens seized from arrivals from overseas
	Part 2 Exemptions
29	Certificate of acquisition
30	Endangered species as personal or household effects
31	Certificate for specimens bred in captivity or artificially propagated
32	Scientific transfer
33	Travelling circus or exhibition
34	Certificate of capture in accordance with other treaties
	Part 3 Endangered Species Officers
35	Endangered Species Officers
36	Authority to act as officer
36A	Power of arrest
37	Rights of entry
38	Powers of search
38AA	Power to require information
38A	Application of Customs and Excise Act 2018
39	Seizure of endangered species traded in contravention of Act
39A	Power to seize vehicles and containers
39B	Director-General to retain seized vehicles and containers
39C	Proceedings to be prosecuted promptly and diligently
39D	Forfeiture of seized vehicles and containers
39E	Power of court to order return of seized vehicle or container
39F	Effect of order for release of seized vehicle or container
40	Custody of seized specimens
41	Release of seized specimens
42	Disposal of seized specimens
43	Duty of officers and employees of postal operators
	Part 4 Offences and infringement offences
43A	Taking and analysis of samples of specimens
	Offences
44	Trading in endangered, threatened, or exploited species without permit or certificate
45	Possession of specimens of endangered, threatened, or exploited species
46	Failure to comply with conditions of permit or certificate
47	Making false statements
48	Obstructing or hindering officer and refusing to give information
49	General offence
50	Onus of proof in respect of certain offences
	Infringement offences
50A	Infringement offences
50B	Relationship between infringement offences and other offences
50C	Proceedings for infringement offences
50D	Who may issue infringement notices
50E	Infringement notices
50F	Reminder notices
50G	Accelerated procedure for border infringement offences
50H	Payment of infringement fees
50I	Penalties for infringement offences
	Forfeiture
51	Forfeiture of property
	Part 5 Miscellaneous provisions
52	Protection of officers and others
53	Schedules
54	Regulations
55	Consequential amendment
	Schedule 1 Species endangered by trade
	Schedule 2 Species threatened by trade
	Schedule 3 Species exploited by trade
	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

border infringement offence means an infringement offence specified as a border infringement offence by regulations made under this Act

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

infringement fee, in relation to an infringement offence, means the infringement fee for the offence prescribed in regulations made under this Act

infringement offence means—

(a)

an offence in section 50A; or

(b)

an offence against regulations made under this Act that is declared by regulations to be an infringement offence

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(1) border infringement offence: inserted, on 21 December 2018, by section 44 of the Conservation (Infringement System) Act 2018 (2018 No 61).

Section 3(1) infringement fee: inserted, on 21 December 2018, by section 44 of the Conservation (Infringement System) Act 2018 (2018 No 61).

Section 3(1) infringement offence: inserted, on 21 December 2018, by section 44 of the Conservation (Infringement System) Act 2018 (2018 No 61).

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

24 Certificate to introduce from the sea exploited species

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 Public Service Act 2020 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).

Section 35(2): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

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 2018—

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 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).

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).

38AA Power to require information

(1)

This section applies if an officer believes on reasonable grounds that a person has committed an offence against this Act.

(2)

The officer may require the person to—

(a)

state the person’s full name, residential address, and date of birth; and

(b)

provide evidence, as soon as practicable, of the person’s full name, residential address, and date of birth.

Section 38AA: inserted, on 21 December 2018, by section 45 of the Conservation (Infringement System) Act 2018 (2018 No 61).

38A Application of Customs and Excise Act 2018

Sections 210, 211, 214, 251, and 252 of the Customs and Excise Act 2018 apply in relation to the importation or exportation of any endangered, threatened, or exploited species as if the endangered, threatened, or exploited species were a prohibited import or prohibited export within the meaning of that Act.

Section 38A: replaced, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).

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 5(1) of the Customs and Excise Act 2018

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).

Section 39(6) Customs controlled area: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).

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 Offences and infringement offences

Part 4 heading: replaced, on 21 December 2018, by section 46 of the Conservation (Infringement System) Act 2018 (2018 No 61).

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).

Offences

Heading: inserted, on 21 December 2018, by section 47 of the Conservation (Infringement System) Act 2018 (2018 No 61).

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 and refusing to give information

A person commits an offence if the person—

(a)

intentionally obstructs or hinders any officer in the performance of the officer’s duty under this Act; or

(b)

refuses to give information or provide evidence required under section 38AA.

Section 48: replaced, on 21 December 2018, by section 48 of the Conservation (Infringement System) Act 2018 (2018 No 61).

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).

Infringement offences

Heading: inserted, on 21 December 2018, by section 49 of the Conservation (Infringement System) Act 2018 (2018 No 61).

50A Infringement offences

(1)

A person must not—

(a)

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

(b)

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

(c)

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

(d)

possess, or have under the person’s control although under the custody of another person, any specimen of an endangered, threatened, or exploited species that has been imported or introduced from the sea into New Zealand otherwise than in accordance with this Act; or

(e)

fail to comply with any of the conditions specified by the Director-General in respect of any permit or certificate granted to the person under Part 1.

(2)

A person who fails to comply with this section commits an infringement offence.

Section 50A: inserted, on 21 December 2018, by section 49 of the Conservation (Infringement System) Act 2018 (2018 No 61).

50B Relationship between infringement offences and other offences

Nothing in section 50A prevents the prosecution of, and conviction for, an offence in any other section of this Act (instead of proceeding under section 50A).

Section 50B: inserted, on 21 December 2018, by section 49 of the Conservation (Infringement System) Act 2018 (2018 No 61).

50C Proceedings for infringement offences

(1)

A person who is alleged to have committed an infringement offence may either—

(a)

be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or

(b)

be served with an infringement notice under section 50E.

(2)

If an infringement notice has been issued under section 50E, proceedings for the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957, and in that case the provisions of that section apply with all necessary modifications.

Section 50C: inserted, on 21 December 2018, by section 49 of the Conservation (Infringement System) Act 2018 (2018 No 61).

50D Who may issue infringement notices

The Director-General may authorise an officer or a warranted officer under the Conservation Act 1987, in writing, to issue infringement notices under this Act.

Section 50D: inserted, on 21 December 2018, by section 49 of the Conservation (Infringement System) Act 2018 (2018 No 61).

50E Infringement notices

(1)

An officer authorised under section 50D may issue an infringement notice to a person if the officer believes on reasonable grounds that the person is committing, or has committed, an infringement offence.

(2)

The officer may deliver the infringement notice (or a copy of it) in person to the person alleged to have committed an infringement offence or send the notice by post addressed to that person’s last known place of residence or business.

(3)

An infringement notice (or a copy of it) sent by post to a person under subsection (2) is to be treated as having been served on that person when it was posted.

(4)

An infringement notice must be in the prescribed form and must contain the following particulars:

(a)

such details of the alleged infringement offence as are sufficient to fairly inform a person of the time, place, and nature of the alleged offence; and

(b)

the amount of the infringement fee; and

(c)

the address of the place at which the infringement fee may be paid; and

(d)

the time within which the infringement fee must be paid; and

(e)

a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and

(f)

a statement that the person served with the notice has a right to request a hearing; and

(g)

a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and

(h)

any other particulars that may be prescribed.

Section 50E: inserted, on 21 December 2018, by section 49 of the Conservation (Infringement System) Act 2018 (2018 No 61).

50F Reminder notices

A reminder notice must be in the prescribed form, and must include the same particulars, or substantially the same particulars, as the infringement notice.

Section 50F: inserted, on 21 December 2018, by section 49 of the Conservation (Infringement System) Act 2018 (2018 No 61).

50G Accelerated procedure for border infringement offences

(1)

This section applies if an infringement notice has been issued to a person for a border infringement offence.

(2)

Any employee of the Department (not necessarily the officer who issued the infringement notice) may serve the infringement notice on the person by—

(a)

delivering the notice (or a copy of it) to the person personally; or

(b)

sending the notice (or a copy of it) to the person by post addressed to the defendant’s last known place of residence or business.

(3)

An infringement notice (or a copy of it) sent by post to a person under subsection (2)(b) is to be treated as having been served on that person when it was posted.

(4)

If the infringement notice is served by delivering it to the person at a port, the person may choose to immediately pay the infringement fee in the manner specified in the notice.

(5)

An employee of the Department may, after a period of 14 days from the date the infringement notice was delivered or posted to the person, provide particulars of an infringement notice in accordance with section 21(4) and (4A) of the Summary Proceedings Act 1957 if—

(a)

the person has not paid the infringement fee for the offence; and

(b)

the person has not requesting a hearing in respect of the offence.

(6)

In an infringement notice has been served under this section, the Summary Proceedings Act 1957 applies as if that notice were a reminder notice served under section 21(2) of that Act, and the provisions of that Act apply, with all necessary modifications, to the alleged offence as if—

(a)

the reference in section 21(1)(b) to providing particulars of a reminder notice were a reference to providing particulars of the infringement notice under subsection (5) of this section; and

(b)

section 21(3) were replaced with subsection (5) of this section; and

(c)

the reference in section 21(3A) to the particulars of a reminder notice not having been provided under section 21(3) were a reference to the particulars of the infringement notice not having been provided under subsection (5) of this section; and

(d)

every reference in section 21(4), (4A), and (4B) to particulars of a reminder notice were a reference to the particulars of an infringement notice and every reference to the contents of a reminder notice were a reference to the contents of an infringement notice; and

(e)

the reference in section 21(4)(a) to parts of the reminder notice were a reference to parts of the infringement notice; and

(f)

the reference in section 21(4C) to particulars of a reminder notice were a reference to particulars of an infringement notice; and

(g)

the reference in section 21(4C) to the reminder notice were a reference to the infringement notice; and

(h)

the reference in section 21(5) to the verification of particulars of a reminder notice provided under section 21(3) were a reference to the verification of particulars of an infringement notice provided under subsection (5) of this section; and

(i)

the references in section 21(6)(b) and (10)(a) to a period of 28 days after the service of a reminder notice were references to the period of 14 days after the service of the infringement notice; and

(j)

each reference in sections 21A and 78B to a reminder notice were a reference to an infringement notice and each reference in sections 21A and 78B to the reminder notice were a reference to the infringement notice; and

(k)

the references to reminder notices in the definition of defendant in section 2(1), section 212, and any other relevant provisions of that Act or regulations made under that Act were references to the infringement notice.

Section 50G: inserted, on 21 December 2018, by section 49 of the Conservation (Infringement System) Act 2018 (2018 No 61).

50H Payment of infringement fees

All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account.

Section 50H: inserted, on 21 December 2018, by section 49 of the Conservation (Infringement System) Act 2018 (2018 No 61).

50I Penalties for infringement offences

A person who commits an infringement offence is liable on conviction to—

(a)

the infringement fee prescribed in regulations for that offence; or

(b)

a fine imposed by a court not exceeding the maximum fine prescribed in regulations for that offence.

Section 50I: inserted, on 21 December 2018, by section 49 of the Conservation (Infringement System) Act 2018 (2018 No 61).

Forfeiture

Heading: inserted, on 21 December 2018, by section 50 of the Conservation (Infringement System) Act 2018 (2018 No 61).

51 Forfeiture of property

(1AA)

This section applies if—

(a)

a person is convicted of an offence against this Act; or

(b)

an infringement notice is issued to the person or a charging document filed against the person in relation to an infringement offence and any of the following occurs:

(i)

the infringement fee for the offence is paid:

(ii)

a copy of a reminder notice in respect of the infringement offence is filed or a reminder notice is deemed to have been filed in a court under section 21 of the Summary Proceedings Act 1957, as the case requires, within 6 months after the time when the offence is alleged to have been committed:

(iii)

the informant and the person enter into an arrangement under section 21(3A) of the Summary Proceedings Act 1957 allowing the person to pay the relevant infringement fee by instalments:

(iv)

the person is found guilty, or admits the commission, of the infringement offence.

(1)

Subject to subsection (2), if this section applies,—

(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 the forfeiture 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 heading: replaced, on 21 December 2018, by section 51(1) of the Conservation (Infringement System) Act 2018 (2018 No 61).

Section 51(1AA): inserted, on 21 December 2018, by section 51(2) of the Conservation (Infringement System) Act 2018 (2018 No 61).

Section 51(1): amended, on 21 December 2018, by section 51(3) of the Conservation (Infringement System) Act 2018 (2018 No 61).

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

Section 51(3): amended, on 21 December 2018, by section 51(4) of the Conservation (Infringement System) Act 2018 (2018 No 61).

Part 5 Miscellaneous provisions

Part 5 heading: inserted, on 21 December 2018, by section 52 of the Conservation (Infringement System) Act 2018 (2018 No 61).

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:

(fa)

prescribing infringement offences for the contravention of regulations made under this Act:

(fb)

specifying that an infringement offence is a border infringement offence (either always, or only if committed in certain places or circumstances):

(fc)

prescribing penalties for infringement offences, which,—

(i)

in the case of infringement fees, must not be more than $1,000; and

(ii)

in the case of maximum fines, must not be more than twice the amount of the infringement fee for the offence; and

(iii)

may be prescribed at different levels for the same offence based on whether the offence relates to endangered, threatened, or exploited species; and

(fd)

prescribing information to be included in infringement notices and reminder notices, including any additional particulars required in an infringement notice for a border infringement 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).

Section 54(fa): inserted, on 21 December 2018, by section 53 of the Conservation (Infringement System) Act 2018 (2018 No 61).

Section 54(fb): inserted, on 21 December 2018, by section 53 of the Conservation (Infringement System) Act 2018 (2018 No 61).

Section 54(fc): inserted, on 21 December 2018, by section 53 of the Conservation (Infringement System) Act 2018 (2018 No 61).

Section 54(fd): inserted, on 21 December 2018, by section 53 of the Conservation (Infringement System) Act 2018 (2018 No 61).

55 Consequential amendment

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

Schedule 1 Species endangered by trade

s 3(1)

Schedule 1: replaced, on 9 January 2020, by clause 4 of the Trade in Endangered Species Order 2019 (LI 2019/313).

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)

Order	Family	Genus, species, or subspecies	Common name	Exceptions/limitations
Artiodactyla	Antilocapridae—Pronghorns	Antilocapra americana	Pronghorn	Only population of Mexico. No other population is included in the schedules
	Bovidae—Antelopes, cattle, duikers, gazelles, goats, sheep, etc	Addax nasomaculatus	Addax
		Bos gaurus	Gaur	Excludes domesticated form, referenced as Bos frontalis
		Bos mutus	Wild Yak	Excludes domesticated form, referenced as Bos grunniens
		Bos sauveli	Kouprey
		Bubalus depressicornis	Lowland Anoa
		Bubalus mindorensis	Tamarou
		Bubalus quarlesi	Mountain Anoa
		Capra falconeri	Markhor
		Capricornis milneedwardsii	Chinese Serow
		Capricornis rubidus	Red Serow
		Capricornis sumatraensis	Mainland Serow
		Capricornis thar	Himalayan Serow
		Cephalophus jentinki	Jentink’s Duiker
		Gazella cuvieri	Cuvier’s Gazelle, Edmi Gazelle
		Gazella leptoceros	Slender-horned Gazelle
		Hippotragus niger variani	Giant Sable Antelope
		Naemorhedus baileyi	Red Goral
		Naemorhedus caudatus	Long-tailed Goral
		Naemorhedus goral	Goral
		Naemorhedus griseus	Chinese Goral
		Nanger dama	Dama Gazelle
		Oryx dammah	Scimitar-horned Oryx
		Oryx leucoryx	Arabian Oryx
		Ovis gmelini	Cyprus Mouflon	Only population of Cyprus. No other population is included in the schedules
		Ovis hodgsonii	Tibetan Argali
		Ovis nigrimontana	Kara Tau Argali
		Ovis vignei	Ladakh Urial, Red Sheep
		Pantholops hodgsonii	Chiru, Tibetan Antelope
		Pseudoryx nghetinhensis	Vu Quang Ox
	Camelidae—Camels, guanacos, vicunas	Vicugna vicugna	Vicugna	Except populations of Argentina (populations of provinces of Jujuy, Salta, and Catamarca and semi-captive populations of provinces of Jujuy, Salta, Catamarca, La Rioja, and San Juan), Chile (populations of the region of Tarapacá and of the region of Arica and Parinacota), Ecuador (whole population), Peru (whole population), and the Plurinational State of Bolivia (whole population), which are included in Schedule 2
	Cervidae—Deer, huemuls, muntjacs, pudus	Axis calamianensis	Calamian Hog Deer
	Cervidae—Deer, huemuls, muntjacs, pudus	Axis kuhlii	Bawean Hog Deer
		Axis porcinus annamiticus	Ganges Hog Deer, Indo-Chinese Hog Deer
		Blastocerus dichotomus	Marsh Deer
		Cervus elaphus hanglu	Kashmir Red Deer
		Dama dama mesopotamica	Persian Fallow Deer
		Hippocamelus spp	Guemals, Huemuls
		Muntiacus crinifrons	Black Muntjac
		Muntiacus vuquangensis	Giant Muntjac
		Ozotoceros bezoarticus	Pampas Deer
		Pudu puda	Chilean Pudu
		Rucervus duvaucelii	Swamp Deer
		Rucervus eldii	Eld’s Deer
	Moschidae—Musk deer	Moschus spp	Musk Deer	Only populations of Afghanistan, Bhutan, India, Myanmar, Nepal, and Pakistan. All other populations are included in Schedule 2
	Suidae—Babirusa, hogs, pigs	Babyrousa babyrussa	Golden Babirusa
	Suidae—Babirusa, hogs, pigs	Babyrousa bolabatuensis	Bola Batu Babirusa
		Babyrousa celebensis	Sulawesi Babirusa
		Babyrousa togeanensis	Togian Babirusa
		Sus salvanius	Pygmy Hog
	Tayassuidae—Peccaries	Catagonus wagneri	Chacco Peccary
Carnivora	Ailuridae—Red pandas	Ailurus fulgens	Red Panda
Carnivora	Canidae—Dogs, foxes, wolves	Canis lupus	Grey Wolf	Only 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 venaticus	Bush Dog
	Felidae—Cats	Acinonyx jubatus	Cheetah	Annual 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 caracal	Caracal	Only population of Asia. All other populations are included in Schedule 2
		Catopuma temminckii	Temminck’s Golden Cat
		Felis nigripes	Black-footed Cat
		Herpailurus yagouaroundi	Jaguarundi	Only populations of Central and North America. All other populations are included in Schedule 2
		Leopardus geoffroyi	Geoffroy’s Cat
		Leopardus guttulus	Southern tiger cat
		Leopardus jacobita	Andean Mountain Cat
		Leopardus pardalis	Ocelot
		Leopardus tigrinus	Little Spotted Cat
		Leopardus wiedii	Margay
		Lynx pardinus	Spanish Lynx
		Neofelis diardi	Sunda clouded leopard
		Neofelis nebulosa	Clouded Leopard
		Panthera leo	Asiatic Lion	Only populations of India. All other populations are included in Schedule 2
		Panthera onca	Jaguar
		Panthera pardus	Leopard
		Panthera tigris	Tiger
		Panthera uncia	Snow leopard
		Pardofelis marmorata	Marbled Cat
		Prionailurus bengalensis bengalensis	Leopard Cat	Only populations of Bangladesh, India, and Thailand. All other populations are included in Schedule 2
		Prionailurus planiceps	Flat-headed Cat
		Prionailurus rubiginosus	Rusty-spotted Cat	Only population of India. All other populations are included in Schedule 2
		Puma concolor	Costa Rica Cougar	Only populations of Costa Rica and Panama. All other populations are included in Schedule 2
		Puma yagouaroundi	Jaguarundi	Only populations of Central and North America. All other populations are included in Schedule 2
		Uncia uncia	Snow Leopard
	Lutrinae—Otters	Aonyx capensis microdon	African Clawless Otter	Only populations of Cameroon and Nigeria. All other populations are included in Schedule 2
		Aonyx cinerea	Small-clawed Otter
		Enhydra lutris nereis	Southern Sea Otter
		Lontra felina	Marine Otter
		Lontra longicaudis	Long-tailed Otter
		Lontra provocax	Southern River Otter
		Lutra lutra	Eurasian Otter
		Lutra nippon	Japanese River Otter
		Lutrogale perspicillata	Smooth-coated Otter
		Pteronura brasiliensis	Giant Otter
	Mustelinae—Grisons, honey badgers, martens, tayra, weasels	Mustela nigripes	Black-footed Ferret
	Otariidae—Fur seals, sea lions	Arctocephalus townsendi	Guadelupe Fur Seal
	Phocidae—Seals	Monachus spp	Monk Seals
	Ursidae—Bears, giant pandas	Ailuropoda melanoleuca	Giant Panda
	Ursidae—Bears, giant pandas	Helarctos malayanus	Sun Bear
		Melursus ursinus	Indian Sloth Bear
		Tremarctos ornatus	Spectacled Bear
		Ursus arctos	Brown Bear	Only populations of Bhutan, China, Mexico, and Mongolia. All other populations are included in Schedule 2
		Ursus arctos isabellinus	Red or Himalayan Brown Bear
		Ursus thibetanus	Asiatic Black Bear
	Viverridae—Binturong, civets, linsangs, otter-civet, palm civets	Prionodon pardicolor	Spotted Linsang
Cetacea	Balaenidae—Bowhead whale, right whales	Balaena mysticetus	Bowhead Whale
Cetacea	Balaenidae—Bowhead whale, right whales	Eubalaena spp	Right Whales
	Balaenopteridae—Fin whales, humpback whales, rorquals	Balaenoptera acutorostrata	Northern Minke Whale	Except population of West Greenland, which is included in Schedule 2
		Balaenoptera bonaerensis	Southern Minke Whale
		Balaenoptera borealis	Sei Whale
		Balaenoptera edeni	Bryde’s Whale
		Balaenoptera musculus	Blue Whale
		Balaenoptera omurai	Omura’s Whale
		Balaenoptera physalus	Fin Whale
		Megaptera novaeangliae	Humpback Whale
	Delphinidae—Dolphins	Orcaella brevirostris	Irrawaddy Dolphin
		Orcaella heinsohni	Australian Snubfin Dolphin
		Sotalia spp	River Dolphins, Tucuxi
		Sousa spp	Humpback Dolphins
	Eschrichtiidae—Grey whale	Eschrichtius robustus	Grey Whale
	Iniidae—River dolphins	Lipotes vexillifer	Baiji, Yangtse River Dolphin
	Neobalaenidae—Pygmy right whale	Caperea marginata	Pygmy Right Whale
	Phocoenidae—Porpoises	Neophocaena asiaeorientalis	Finless Porpoise, Narrow-ridged Finless Porpoise
		Neophocaena phocaenoides	Black Finless Porpoise
		Phocoena sinus	Pacific Harbour Porpoise
	Physeteridae—Sperm whales	Physeter macrocephalus	Sperm Whale
	Platanistidae—River dolphins	Platanista spp	Ganges and Indus dolphins
	Ziphiidae—Beaked whales, bottle-nosed whales	Berardius spp	Beaked Whales
	Ziphiidae—Beaked whales, bottle-nosed whales	Hyperoodon spp	Bottle-nose Whales
Chiroptera	Pteropodidae—Fruit bats, flying foxes	Acerodon jubatus	Golden-capped Fruit Bat
	Pteropodidae—Fruit bats, flying foxes	Pteropus insularis	Truk Fruit Bat
		Pteropus loochoensis	Okinawa Flying Fox
		Pteropus mariannus	Marianas Flying Fox
		Pteropus molossinus	Pohnpei Fruit Bat
		Pteropus pelewensis	Palau Fruit Bat
		Pteropus pilosus	Large Palau Fruit Bat
		Pteropus samoensis	Samoan Fruit Bat
		Pteropus tonganus	Insular Flying Fox
		Pteropus ualanus	Kosrae Flying Fox
		Pteropus yapensis	Yap Flying Fox
Cingulata	Dasypodidae—Armadillos	Priodontes maximus	Giant Armadillo
Dasyuromorphia	Dasyuridae—Dunnarts	Sminthopsis longicaudata	Long-tailed Dunnart
Dasyuromorphia		Sminthopsis psammophila	Large Desert Marsupial-mouse
Diprotodontia	Macropodidae—Kangaroos, Wallabies	Lagorchestes hirsutus	Western Hare Wallaby
	Macropodidae—Kangaroos, Wallabies	Lagostrophus fasciatus	Banded Hare Wallaby
		Onychogalea fraenata	Bridled Nailtail Wallaby
	Potoroidae—Rat-kangaroos	Bettongia spp	Rat-Kangaroos
	Vombatidae—Wombats	Lasiorhinus krefftii	Northern Hairy-nosed Wombat
Lagomorpha	Leporidae—Hares, rabbits	Caprolagus hispidus	Assam Rabbit, Hispid Hare
Lagomorpha	Leporidae—Hares, rabbits	Romerolagus diazi	Volcano Rabbit
Peramelemorphia	Peramelidae—Bandicoots, echymiperas	Perameles bougainville	Barred Bandicoot
Peramelemorphia	Peramelidae—Bandicoots, echymiperas
	Thylacomyidae—Bilbies	Macrotis lagotis	Bilby
Perissodactyla	Equidae—Horses, wild asses, zebras	Equus africanus	African Wild Ass	Excludes domesticated form, referenced as Equus asinus
	Equidae—Horses, wild asses, zebras	Equus grevyi	Grevy’s Zebra
		Equus hemionus hemionus	Mongolian Wild Ass
		Equus hemionus khur	Indian Wild Ass
		Equus przewalskii	Przewalski’s Wild Horse
	Rhinocerotidae— Rhinoceroses	Rhinocerotidae spp	Rhinoceroses	Except subspecies included in Schedule 2
	Tapiridae—Tapirs	Tapiridae spp	Tapirs	Except species included in Schedule 2
Pholidota	Manidae—Pangolins	Manis crassicaudata	Indian Pangolin
		Manis culionensis	Philippine Pangolin
		Manis gigantea	Giant Pangolin
		Manis javanica	Sunda Pangolin
		Manis pentadactyla	Chinese Pangolin
		Manis temminckii	South African Pangolin
		Manis tetradactyla	Long-tailed Pangolin
		Manis tricuspis	White-bellied Pangolin
Primates—Apes, monkeys	Atelidae—Howler monkeys, spider monkeys	Alouatta coibensis	Coiba Island Howler Monkey
Primates—Apes, monkeys	Atelidae—Howler monkeys, spider monkeys	Alouatta palliata	Mantled Howler Monkey
		Alouatta pigra	Guatemalan Mantled Howler Monkey
		Ateles geoffroyi frontatus	Black-browed Spider Monkey
		Ateles geoffroyi ornatus	Red Spider Monkey
		Brachyteles arachnoides	Woolly Spider Monkey
		Brachyteles hypoxanthus	Northern Muriqui
		Oreonax flavicauda	Woolly Monkey
	Cebidae—Marmosets, tamarins, New World monkeys	Callimico goeldii	Goeldi’s Marmoset
	Cebidae—Marmosets, tamarins, New World monkeys	Callithrix aurita	White-eared Marmoset
		Callithrix flaviceps	Buff-headed Marmoset
		Leontopithecus spp	Lion Tamarins
		Saguinus bicolor	Brazilian Bare-faced Tamarin
		Saguinus geoffroyi	Geoffroy’s Tamarin
		Saguinus leucopus	White-footed Tamarin
		Saguinus martinsi	Martin’s Tamarin
		Saguinus oedipus	Cotton-headed Tamarin
		Saimiri oerstedii	Red-backed Squirrel Monkey
	Cercopithecidae—Old World monkeys	Cercocebus galeritus	Tana River Mangabey
	Cercopithecidae—Old World monkeys	Cercopithecus diana	Diana Monkey
		Cercopithecus roloway	Roloway Monkey
		Macaca silenus	Wanderoo
		Macaca sylvanus	Barbary Ape, Barbary Macaque
		Mandrillus leucophaeus	Drill
		Mandrillus sphinx	Mandrill
		Nasalis larvatus	Proboscis Monkey
		Piliocolobus kirkii	Kirk’s Colobus
		Piliocolobus rufomitratus	Tana River Colobus
		Presbytis potenziani	Mentawi Leaf-monkey
		Pygathrix spp	Langurs
		Rhinopithecus spp	Snub-nosed Monkeys
		Semnopithecus ajax	Kashmir Grey Langur
		Semnopithecus dussumieri	Southern Plains Grey Langur
		Semnopithecus entellus	Hanuman Langur
		Semnopithecus hector	Tarai Grey Langur
		Semnopithecus hypoleucos	Black-footed Grey Langur
		Semnopithecus priam	Tufted Grey Langur
		Semnopithecus schistaceus	Nepal Grey Langur
		Simias concolor	Pig-tailed Langur
		Trachypithecus geei	Golden Langur
		Trachypithecus pileatus	Capped Langur
		Trachypithecus shortridgei	Shortridge’s Langur
	Cheirogaleidae—Dwarf lemurs	Cheirogaleidae spp	Dwarf Lemurs, Mouse Lemurs
	Daubentoniidae—Aye-aye	Daubentonia madagascariensis	Aye-aye
	Hominidae—Apes, chimpanzees, gorillas, orang-utans	Gorilla beringei	Mountain Gorilla
	Hominidae—Apes, chimpanzees, gorillas, orang-utans	Gorilla gorilla	Gorilla
		Pan spp	Chimpanzees
		Pongo abelii	Sumatran Orang-utan
		Pongo pygmaeus	Orang-utan
	Hylobatidae—Gibbons	Hylobatidae spp	Gibbons
	Indriidae—Indris, sifakas, woolly lemurs	Indriidae spp	Sifakas, Indris
	Lemuridae—Large lemurs	Lemuridae spp	Lemurs
	Lepilemuridae—Sportive lemurs	Lepilemuridae spp	Sportive Lemurs
	Lorisidae—Lorises	Nycticebus spp	Slow Lorises
	Pitheciidae—Sakis, uakaris	Cacajao spp	Uakaris
	Pitheciidae—Sakis, uakaris	Chiropotes albinasus	White-nosed Saki
Proboscidea	Elephantidae—Elephants	Elephas maximus	Asiatic Elephant
Proboscidea	Elephantidae—Elephants	Loxodonta africana	African Elephant	Except populations of Botswana, Namibia, South Africa, and Zimbabwe, which are included in Schedule 2
Rodentia	Chinchillidae—Chinchillas	Chinchilla spp	Chinchillas	Except all specimens of domesticated form
	Sciuridae—Ground squirrels, tree squirrels	Cynomys mexicanus	Mexican Prairie Dog
Sirenia	Dugongidae—Dugong	Dugong dugon	Dugong
	Trichechidae—Manatees	Trichechus inunguis	South American Manatee
		Trichechus manatus	West Indian Manatee
		Trichechus senegalensis	West African Manatee

Class—Aves (birds)

Order	Family	Genus, species, or subspecies	Common name	Exceptions/limitations
Anseriformes	Anatidae—Ducks, geese, swans, etc	Anas aucklandica	Auckland Island Teal
Anseriformes	Anatidae—Ducks, geese, swans, etc	Anas chlorotis	Brown Teal
		Anas laysanensis	Laysan Duck
		Anas nesiotis	Campbell Island Teal
		Asarcornis scutulata	White-winged Wood Duck
		Branta canadensis leucopareia	Aleutian Canada Goose
		Branta sandvicensis	Hawaiian Goose, Nene
		Rhodonessa caryophyllacea (possibly extinct)	Pink-headed Duck
Apodiformes	Trochilidae—Hummingbirds	Glaucis dohrnii	Hook-billed Hermit
Charadriiformes	Laridae—Gulls	Larus relictus	Relict Gull
Charadriiformes	Scolopacidae—Curlews, greenshanks	Numenius borealis	Eskimo Curlew
	Scolopacidae—Curlews, greenshanks	Numenius tenuirostris	Slender-billed Curlew
		Tringa guttifer	Spotted Greenshank
Ciconiiformes	Ciconiidae—Storks	Ciconia boyciana	Oriental White Stork
	Ciconiidae—Storks	Jabiru mycteria	Jabiru Stork
		Mycteria cinerea	Milky Stork
	Threskiornithidae—Ibises, spoonbills	Geronticus eremita	Waldrapp Ibis
	Threskiornithidae—Ibises, spoonbills	Nipponia nippon	Japanese Crested Ibis
Columbiformes	Columbidae—Doves, pigeons	Caloenas nicobarica	Nicobar Pigeon
Columbiformes	Columbidae—Doves, pigeons	Ducula mindorensis	Mindoro Imperial Pigeon
Coraciiformes	Bucerotidae—Hornbills	Aceros nipalensis	Rufous-necked Hornbill
	Bucerotidae—Hornbills	Buceros bicornis	Great Indian Hornbill
		Rhinoplax vigil	Helmeted Hornbill
		Rhyticeros subruficollis	Plain-pouched Hornbill
Falconiformes— Eagles, falcons, hawks, vultures	Accipitridae—Hawks, eagles	Aquila adalberti	Spanish Imperial Eagle
	Accipitridae—Hawks, eagles	Aquila heliaca	Imperial Eagle
		Chondrohierax uncinatus wilsonii	Cuban Hook-billed Kite
		Haliaeetus albicilla	White-tailed Sea Eagle
		Harpia harpyja	Harpy Eagle
		Pithecophaga jefferyi	Monkey-eating Eagle
	Cathartidae—New World vultures	Gymnogyps californianus	California Condor
	Cathartidae—New World vultures	Vultur gryphus	Andean Condor
	Falconidae—Falcons	Falco araeus	Seychelles Kestrel
		Falco jugger	Laggar Falcon
		Falco newtoni	Aldabra Kestrel	Only population of Seychelles
		Falco pelegrinoides	Barbary Falcon
		Falco peregrinus	Peregrine Falcon
		Falco punctatus	Mauritius Kestrel
		Falco rusticolus	Gyrfalcon
Galliformes	Cracidae—Chachalacas, curassows, guans	Crax blumenbachii	Red-billed Curassow
	Cracidae—Chachalacas, curassows, guans	Mitu mitu	Razor-billed Curassow, Mitu
		Oreophasis derbianus	Horned Guan
		Penelope albipennis	White-winged Guan
		Pipile jacutinga	Black-fronted Piping Guan
		Pipile pipile	Trinidad Piping Guan
	Megapodiidae—Megapodes, scrubfowl	Macrocephalon maleo	Maleo (Fowl)
	Phasianidae—Grouse, guineafowl, partridges, peafowl, pheasants, tragopans	Catreus wallichii	Cheer Pheasant
		Colinus virginianus ridgwayi	Masked Bobwhite Quail
		Crossoptilon crossoptilon	White-eared Pheasant
		Crossoptilon mantchuricum	Brown-eared Pheasant
		Lophophorus impejanus	Himalayan Impeyan Pheasant
		Lophophorus lhuysii	Chinese Monal Pheasant
		Lophophorus sclateri	Sclater’s Monal Pheasant
		Lophura edwardsi	Edward’s Pheasant
		Lophura swinhoii	Swinhoes’s Pheasant
		Polyplectron napoleonis	Palawan Peacock Pheasant
		Rheinardia ocellata	Crested Argus
		Syrmaticus ellioti	Elliot’s Pheasant
		Syrmaticus humiae	Bar-tailed Pheasant
		Syrmaticus mikado	Mikado Pheasant
		Tetraogallus caspius	Caspian Snowcock
		Tetraogallus tibetanus	Tibetan Snowcock
		Tragopan blythii	Blyth’s Tragopan, Grey-bellied Tragopan
		Tragopan caboti	Cabot’s Tragopan, Yellow-billed Tragopan
		Tragopan melanocephalus	Western Tragopan, Western Horned Pheasant
Gruiformes	Gruidae—Cranes	Balearica pavonina	Black-crowned Crane
		Grus americana	Whooping Crane
		Grus canadensis nesiotes	Cuban Sandhill Crane
		Grus canadensis pulla	Mississippi Sandhill Crane
		Grus japonensis	Manchurian Crane
		Grus leucogeranus	Siberian White Crane
		Grus monacha	Hooded Crane
		Grus nigricollis	Black-necked Crane
		Grus vipio	White-naped Crane
	Otididae—Bustards	Ardeotis nigriceps	Great Indian Bustard
		Chlamydotis macqueenii	Macqueen’s Bustard
		Chlamydotis undulata	Houbara Bustard
		Houbaropsis bengalensis	Bengal Bustard
	Rallidae—Rails	Gallirallus sylvestris	Lord Howe Woodrail
	Rhynochetidae—Kagu	Rhynochetos jubatus	Kagu
Passeriformes	Atrichornithidae—Scrub-birds	Atrichornis clamosus	Noisy Scrub-bird
	Cotingidae—Cotingas	Cotinga maculata	Banded Cotinga
		Xipholena atropurpurea	White-winged Cotinga
	Fringillidae—Finches	Carduelis cucullata	Red Siskin
	Hirundinidae—Martins	Pseudochelidon sirintarae	White-eyed River Martin
	Icteridae—New World blackbirds	Xanthopsar flavus	Saffron-cowled Blackbird
	Muscicapidae—Old World flycatchers	Picathartes gymnocephalus	Bare-headed Rockfowl
	Muscicapidae—Old World flycatchers	Picathartes oreas	Grey-necked Rockfowl
	Pittidae—Pittas	Pitta gurneyi	Guerney’s Pitta
		Pitta kochi	Koch’s Pitta
	Sturnidae—Mynas, starlings	Leucopsar rothschildi	Bali Starling, Rothschild’s Mynah
	Zosteropidae—White-eyes	Zosterops albogularis	Norfolk White-throated White-eye
Pelecaniformes	Fregatidae—Frigatebirds	Fregata andrewsi	Christmas Island Frigatebird
	Pelecanidae—Pelicans	Pelecanus crispus	Dalmatian Pelican
	Sulidae—Gannets	Papasula abbotti	Abbott’s Booby
Piciformes	Picidae—Woodpeckers	Dryocopus javensis richardsi	Tristram’s Woodpecker
Podicipediformes	Podicipedidae—Grebes	Podilymbus gigas	Atitlan Grebe
Procellariiformes	Diomedeidae—Albatrosses	Phoebastria albatrus	Short-tailed Albatross
Psittaciformes	Cacatuidae—Cockatoos	Cacatua goffiniana	Goffin’s Cockatoo
Psittaciformes		Cacatua haematuropygia	Red-vented Cockatoo
		Cacatua moluccensis	Moluccan Cockatoo, Salmon-crested Cockatoo
		Cacatua sulphurea	Lesser Sulphur-crested Cockatoo, Yellow-crested Cockatoo
		Probosciger aterrimus	Palm Cockatoo
	Loriidae—Lories, lorikeets	Eos histrio	Red-and-blue Lory
	Loriidae—Lories, lorikeets	Vini ultramarina	Ultramarine Lory
	Psittacidae—Amazons, macaws, parakeets, parrots	Amazona arausiaca	Red-necked Amazon Parrot
	Psittacidae—Amazons, macaws, parakeets, parrots	Amazona auropalliata	Yellow-naped Amazon, Yellow-naped Parrot
		Amazona barbadensis	Yellow-shouldered Amazon Parrot
		Amazona brasiliensis	Red-tailed Amazon Parrot
		Amazona finschi	Lilac-crowned Amazon
		Amazona guildingii	St. Vincent Amazon, St. Vincent Parrot
		Amazona imperialis	Imperial Amazon, Imperial Parrot
		Amazona leucocephala	Cuban Amazon, Cuban Parrot
		Amazona oratrix	Yellow-headed Amazon, Yellow-headed Parrot
		Amazona pretrei	Red-spectacled Amazon, Red-spectacled Parrot
		Amazona rhodocorytha	Red-browed Amazon, Red-topped Parrot
		Amazona tucumana	Tucuman Amazon, Alder Parrot
		Amazona versicolor	St. Lucia Amazon, St. Lucia Parrot
		Amazona vinacea	Vinaceous Amazon, Vinaceous Parrot
		Amazona viridigenalis	Green-cheeked Amazon, Green-cheeked Parrot
		Amazona vittata	Puerto Rican Amazon, Puerto Rican Parrot
		Anodorhynchus spp	Glaucous, Hyacinth, and Lear’s Macaws
		Ara ambiguus	Great Green Macaw
		Ara glaucogularis	Caninde Macaw
		Ara macao	Scarlet Macaw
		Ara militaris	Military Macaw
		Ara rubrogenys	Red-fronted Macaw
		Cyanopsitta spixii	Spix’s Macaw
		Cyanoramphus cookii	Norfolk Island Green Parrot, Norfolk Island Parakeet
		Cyanoramphus forbesi	Forbes’s Yellow-fronted Parakeet, Chatham Island Yellow-fronted Parakeet
		Cyanoramphus novaezelandiae	Red-crowned Parakeet
		Cyanoramphus saisseti	Red-crowned Parakeet
		Cyclopsitta diophthalma coxeni	Coxen’s Double-eyed Fig Parrot
		Eunymphicus cornutus	Horned Parakeet
		Guarouba guarouba	Golden Conure, Golden Parakeet
		Neophema chrysogaster	Orange-bellied Parakeet
		Ognorhynchus icterotis	Yellow-eared Conure
		Pezoporus occidentalis (possibly extinct)	Night Parrot
		Pezoporus wallicus	Ground Parrot
		Pionopsitta pileata	Pileated Parrot
		Primolius couloni	Blue-headed Macaw
		Primolius maracana	Blue-winged Macaw
		Psephotus chrysopterygius	Golden-shouldered Parrot
		Psephotus dissimilis	Hooded Parrot
		Psephotus pulcherrimus (possibly extinct)	Paradise Parrot
		Psittacula echo	Mauritius Parakeet
		Psittacus erithacus	African Gray Parrot
		Pyrrhura cruentata	Blue-throated Conure
		Rhynchopsitta spp	Thick-billed Parrot, Maroon-fronted Parrot
		Strigops habroptilus	Kakapo
Rheiformes	Rheidae—Rheas	Pterocnemia pennata	Darwin’s Rhea	Except Pterocnemia pennata pennata, which is included in Schedule 2
Sphenisciformes	Spheniscidae—Penguins	Spheniscus humboldti	Humboldt Penguin
Strigiformes—Owls	Strigidae—Owls	Heteroglaux blewitti	Forest Spotted Owl
		Mimizuku gurneyi	Giant Scops Owl
		Ninox natalis	Christmas Island Hawk-owl
	Tytonidae—Barn owls	Tyto soumagnei	Madagascar Owl
Struthioniformes	Struthionidae—Ostriches	Struthio camelus	Ostrich	Only 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
Tinamiformes	Tinamidae—Tinamous	Tinamus solitarius	Solitary Tinamou
Trogoniformes	Trogonidae—Quetzals	Pharomachrus mocinno	Resplendent Quetzal

Class—Reptilia (reptiles)

Order	Family	Genus, species, or subspecies	Common name	Exceptions/limitations
Crocodylia— Alligators, caimans, crocodiles	Alligatoridae—Alligators, caimans	Alligator sinensis	Chinese Alligator
		Caiman crocodilus apaporiensis	Rio Apaporis Spectacled Caiman
		Caiman latirostris	Broad-snouted Caiman	Except population of Argentina, which is included in Schedule 2
		Melanosuchus niger	Black Caiman	Except 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—Crocodiles	Crocodylus acutus	American Crocodile	Except 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, and population of Mexico, which is included in Schedule 2 and is subject to a zero export quota for wild specimens for commercial purposes
		Crocodylus cataphractus	African Slender-snouted Crocodile
		Crocodylus intermedius	Orinoco Crocodile
		Crocodylus mindorensis	Mindoro Crocodile
		Crocodylus moreletii	Belize Crocodile	Except 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 niloticus	Nile Crocodile	Except 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 palustris	Marsh Crocodile
		Crocodylus porosus	Saltwater Crocodile	Except 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 rhombifer	Cuban Crocodile
		Crocodylus siamensis	Siamese Crocodile
		Osteolaemus tetraspis	Dwarf Crocodile
		Tomistoma schlegelii	False Gavial
	Gavialidae—Gavials	Gavialis gangeticus	Gharial
Rhynchocephalia	Sphenodontidae—Tuatara	Sphenodon spp	Tuatara
Sauria	Agamidae—Spiny-tailed lizards, agamas	Ceratophora erdeleni	Erdelen’s Horned Lizard
	Agamidae—Spiny-tailed lizards, agamas	Ceratophora karu	Karu’s Horned Lizard
		Ceratophora tennentii	Tennent’s Leaf-nosed Lizard
		Cophotis ceylanica	Pygmy Lizard
		Cophotis dumbara	Knuckles Pygmy Lizard
	Anguidae—Alligator lizards	Abronia anzuetoi	Anzuetoi Alligator Lizard
		Abronia campbelli	Campbell’s Alligator Lizard
		Abronia fimbriata
		Abronia frosti	Frost’s Alligator Lizard
		Abronia meledona	Meledona Alligator Lizard
	Chamaeleonidae—Chameleons	Brookesia perarmata	Antsingy Leaf Chameleon
	Gekkonidae—Geckos	Cnemaspis psychedelica	Psychedelic Rock Gecko
		Gonatodes daudini	Grenadines Clawed Gecko
		Lygodactylus williamsi	Turquoise Dwarf Gecko
	Helodermatidae—Beaded lizards, Gila monsters	Heloderma horridum charlesbogerti	Guatemalan Beaded Lizard, Blue Beaded Lizard
	Iguanidae—Iguanas	Brachylophus spp	Fiji Iguanas
		Cyclura spp	Ground Iguanas
		Sauromalus varius	Piebald Chuckwalla
	Lacertidae—Lizards	Gallotia simonyi	Hierro Giant Lizard
	Varanidae—Monitor lizards	Varanus bengalensis	Indian Monitor
	Varanidae—Monitor lizards	Varanus flavescens	Yellow Monitor
		Varanus griseus	Desert Monitor
		Varanus komodoensis	Komodo Dragon
		Varanus nebulosus	Bengal Monitor
	Xenosauridae—Chinese crocodile lizard	Shinisaurus crocodilurus	Chinese Crocodile Lizard
Serpentes	Boidae—Boas	Acrantophis spp	Madagascar Boas
		Boa constrictor occidentalis	Argentine Boa Constrictor
		Epicrates inornatus	Puerto Rican Boa
		Epicrates monensis	Mona Island Boa, Virgin Islands Tree Boa
		Epicrates subflavus	Jamaican Boa, Yellow Snake
		Sanzinia madagascariensis	Madagascar Tree Boa
	Bolyeriidae—Round Island boas	Bolyeria multocarinata	Round Island Burrowing Boa
	Bolyeriidae—Round Island boas	Casarea dussumieri	Round Island Keel-scaled Boa
	Pythonidae—Pythons	Python molurus molurus	Indian Python, Rock Python
	Viperidae—Vipers	Vipera ursinii	Orsini’s Viper	Only population of Europe, except area that formerly constituted USSR (populations in that area, and all other areas, are not included in the schedules)
Testudines	Chelidae—Austro-American sideneck turtles	Pseudemydura umbrina	Western Swamp Turtle
	Cheloniidae—Sea turtles	Cheloniidae spp	Sea Turtles
	Dermochelyidae— Leatherback turtles	Dermochelys coriacea	Leatherback Turtle
	Emydidae—Box turtles, freshwater turtles	Glyptemys muhlenbergii	Muhlenberg’s Turtle, Bog Turtle
	Emydidae—Box turtles, freshwater turtles	Terrapene coahuila	Aquatic Box Turtle
	Geoemydidae—Box turtles, freshwater turtles	Batagur affinis	Southern River Terrapin
	Geoemydidae—Box turtles, freshwater turtles	Batagur baska	Batagur, Four-toed Terrapin, River Terrapin
		Cuora bourreti	Bourret’s Box Turtle
		Cuora picturata	Vietnamese Box Turtle
		Geoclemys hamiltonii	Black Pond Turtle
		Mauremys annamensis	Annam Leaf Turtle
		Melanochelys tricarinata	Three-keeled Land Tortoise
		Morenia ocellata	Bengal Eyed Terrapin
		Pangshura tecta	Indian Sawback Turtle, Dura Turtle, Indian Pond Turtle
	Platysternidae—Big-headed turtles	Platysternidae spp	Big-headed Turtle
	Testudinidae—Tortoises	Astrochelys radiata	Radiated Tortoise
		Astrochelys yniphora	Madagascar Tortoise
		Chelonoidis niger	Galapagos Giant Tortoise
		Geochelone elegans	Star Tortoise
		Geochelone platynota	Burmese Star Tortoise
		Gopherus flavomarginatus	Yellow-bordered Tortoise
		Malacochersus tornieri	Pancake Tortoise
		Psammobates geometricus	Geometric Tortoise
		Pyxis arachnoides	Spider Tortoise
		Pyxis planicauda	Flat-backed Spider Tortoise
		Testudo kleinmanni	Egyptian Tortoise
	Trionychidae—Softshell turtles	Apalone spinifera atra	Cuatro Cienegas Softshell Turtle
	Trionychidae—Softshell turtles	Chitra chitra	Southest Asian Narrow-headed Softshell Turtle
		Chitra vandijki	Burmese Narrow-headed Softshell Turtle
		Nilssonia gangetica	Indian Softshell Turtle
		Nilssonia hurum	Indian Peacock Softshell Turtle
		Nilssonia nigricans	Dark Softshell Turtle

Class—Amphibia (amphibians)

Order	Family	Genus, species, or subspecies	Common name
Anura	Bufonidae—Toads	Amietophrynus channingi	Channing’s Toad
		Amietophrynus superciliaris	Cameroon Toad, Zaire Toad
		Altiphrynoides spp	Ethiopian Toads
		Atelopus zeteki	Golden Arrow Poison Frog
		Incilius periglenes	Golden Toad
		Nectophrynoides spp	Viviparous Toads
		Nimbaphrynoides spp	Nimba Toads
	Telmatobiidae—Andean water frogs	Telmatobius culeus	Titicaca Water Frog
Caudata	Cryptobranchidae—Giant salamanders	Andrias spp	Giant Salamanders
	Salamandridae—Newts and salamanders	Neurergus kaiseri	Kaiser’s Spotted Newt

Class—Elasmobranchii (sharks)

Order		Family		Genus, species, or subspecies		Common name		Exceptions/limitations
Pristiformes		Pristidae—Sawfishes		Pristidae spp		Sawfishes

Class—Actinopteri (fishes)

Order	Family	Genus, species, or subspecies	Common name
Acipenseriformes	Acipenseridae—Sturgeons	Acipenser brevirostrum	Shortnose Sturgeon
Acipenseriformes	Acipenseridae—Sturgeons	Acipenser sturio	Common Sturgeon
Cypriniformes	Catostomidae—Cui-ui	Chasmistes cujus	Cui-ui
Cypriniformes	Cyprinidae—Carps	Probarbus jullieni	Ikan Temoleh
Osteoglossiformes	Osteoglossidae—Bonytongue	Scleropages formosus	Asian Arowana
		Scleropages inscriptus	Myanmar Arowana
Perciformes	Sciaenidae—Totoaba	Totoaba macdonaldi	Macdonald’s Weakfish, Totoaba
Siluriformes	Pangasiidae—Pangasid catfish	Pangasianodon gigas	Giant Catfish

Class—Coelacanthi (coelacanths)

Order		Family		Genus, species, or subspecies		Common name		Exceptions/limitations
Coelacanthiformes		Latimeriidae—Coelacanths		Latimeria spp		Coelacanths

Phylum—Arthropoda

Class—Insecta (insects)

Order	Family	Genus, species, or subspecies	Common name
Lepidoptera	Papilionidae—Birdwing butterflies, swallowtail butterflies	Achillides chikae chikae	Luzon Peacock Swallowtail
Lepidoptera	Papilionidae—Birdwing butterflies, swallowtail butterflies	Achillides chikae hermeli	Mindoro Peacock Swallowtail
		Ornithoptera alexandrae	Queen Alexandra’s Birdwing
		Papilio homerus	Homerus Swallowtail
		Parides burchellanus	Riverside Swallowtail

Phylum—Mollusca

Class—Bivalvia (clams and mussels)

Order	Family	Genus, species, or subspecies	Common name
Unionoida	Unionidae—Freshwater mussels, pearly mussels	Conradilla caelata	Birdwing Pearl Mussel
Unionoida	Unionidae—Freshwater mussels, pearly mussels	Dromus dromas	Dromedary Pearly Mussel
		Epioblasma curtisi	Curtis Pearly Mussel
		Epioblasma florentina	Yellow Blossom Pearly Mussel
		Epioblasma sampsonii	Sampson’s Pearly Mussel
		Epioblasma sulcata perobliqua	White Catspaw Mussel
		Epioblasma torulosa gubernaculum	Green-blossom Pearly Mussel
		Epioblasma torulosa torulosa	Tuberculed-blossom Pearly Mussel
		Epioblasma turgidula	Turgid Blossom Pearly Mussel
		Epioblasma walkeri	Brown Blossom Pearly Mussel
		Fusconaia cuneolus	Fine-rayed Pigtoe Pearly Mussel
		Fusconaia edgariana	Shiny Pigtoe Pearly Mussel
		Lampsilis higginsii	Higgin’s Eye Pearly Mussel
		Lampsilis orbiculata orbiculata	Pink Mucket Pearly Mussel
		Lampsilis satur	Plain Pocketbook Pearly Mussel
		Lampsilis virescens	Alabama Lamp Pearly Mussel
		Plethobasus cicatricosus	White Warty-back Pearly Mussel
		Plethobasus cooperianus	Orange-footed Pimpleback Mussel, Cumberland Pigtoe Pearly Mussel
		Pleurobema plenum	Rough Pigtoe Pearly Mussel
		Potamilus capax	Fat Pocketbook Pearly Mussel
		Quadrula intermedia	Cumberland Monkey-face Pearly Mussel
		Quadrula sparsa	Appalachian Monkey-face Pearly Mussel
		Toxolasma cylindrella	Pale Lilliput Pearly Mussel
		Unio nickliniana	Nicklin’s Pearly Mussel
		Unio tampicoensis tecomatensis	Tampico Pearly Mussel
		Villosa trabalis	Cumberland Bean Pearly Mussel

Class—Gastropoda (snails and conches)

Order		Family		Genus, species, or subspecies		Common name		Exceptions/limitations
Stylommatophora		Achatinellidae—Agate snails, Oahu tree snails		Achatinella spp		Agate Shells, Tree Snails
Stylommatophora		Cepolidae—Helicoid terrestrial snails		Polymita spp		Cuban land snails

Part 2 Flora (plants)

Family	Genus, species, or subspecies	Common name	Exceptions/limitations
Agavaceae—Agaves	Agave parviflora	Santa Cruz Striped Agave
Apocynaceae— Elephant trunks, hoodias	Pachypodium ambongense
Apocynaceae— Elephant trunks, hoodias	Pachypodium baronii
	Pachypodium decaryi
Araucariaceae— Monkey-puzzle trees	Araucaria araucana	Monkey-puzzle Tree
Cactaceae—Cacti	Ariocarpus spp	Living Rock Cactus
	Astrophytum asterias	Star Cactus
	Aztekium ritteri	Aztec Cactus
	Coryphantha werdermannii	Jabali Pincushion Cactus
	Discocactus spp	Discocacti
	Echinocereus ferreiranus ssp lindsayorum	Lindsay’s Cactus
	Echinocereus schmollii	Lamb’s-tail Cactus
	Escobaria minima	Nellie’s Cory Cactus
	Escobaria sneedii	Lee Pincushion Cactus, Sneed’s Cory Cactus
	Mammillaria pectinifera (includes spp solisioides)
	Melocactus conoideus	Conelike Turk’s-cap Cactus
	Melocactus deinacanthus	Wonderfully-bristled Turk’s-cap Cactus
	Melocactus glaucescens	Woolly Waxy-stemmed Turk’s-cap Cactus
	Melocactus paucispinus	Few-spined Turk’s-cap Cactus
	Obregonia denegrii	Artichoke Cactus
	Pachycereus militaris	Grenadier’s Cap, Teddy-bear Cactus
	Pediocactus bradyi	Brady’s Pincushion Cactus
	Pediocactus knowltonii	Knowlton’s Cactus
	Pediocactus paradinei	Park Pincushion Cactus, Houserock Valley Cactus
	Pediocactus peeblesianus	Fickeisen Hedgehog Cactus
	Pediocactus sileri	Siler’s Pincushion Cactus
	Pelecyphora spp	Hatchet Cacti
	Sclerocactus blainei	Blaine’s Pincushion
	Sclerocactus brevihamatus ssp tobuschii
	Sclerocactus brevispinus	Pariette Cactus
	Sclerocactus cloverae	New Mexico Fishhook Cactus
	Sclerocactus erectocentrus	Acuna Cactus
	Sclerocactus glaucus	Vinta Basin Hookless Cactus
	Sclerocactus mariposensis	Lloyd’s Mariposa Cactus
	Sclerocactus mesae-verdae	Mesa-verde Cactus
	Sclerocactus nyensis	Tonopah Fishhook Cactus
	Sclerocactus papyracanthus	Paper-spine Pincushion Cactus
	Sclerocactus pubispinus
	Sclerocactus sileri	Siler’s Fishhook Cactus
	Sclerocactus wetlandicus	Uinta Basin Hookless Cactus
	Sclerocactus wrightiae	Wright’s Fishhook Cactus
	Strombocactus spp
	Turbinicarpus spp	Turbinicarps
	Uebelmannia spp
Compositae (Asteraceae)— Kuth	Saussurea costus	Costus Root
Cupressaceae— Alerce, cypresses	Fitzroya cupressoides	Alerce, Chilean False Larch
Cupressaceae— Alerce, cypresses	Pilgerodendron uviferum	Pilgerodendron, Cipres de las Guaitecas
Cycadaceae—Cycads	Cycas beddomei
Euphorbiaceae— Spurges	Euphorbia ambovombensis
Euphorbiaceae— Spurges	Euphorbia capsaintemariensis
	Euphorbia cremersii		Includes forma viridifolia and var rakotozafyi
	Euphorbia cylindrifolia		Includes ssp tuberifera
	Euphorbia decaryi		Includes vars ampanihyensis, robinsonii, and spirosticha
	Euphorbia francoisii
	Euphorbia moratii		Includes vars antsingiensis, bemarahensis, and multiflora
	Euphorbia parvicyathophora
	Euphorbia quartziticola
	Euphorbia tulearensis
Fouquieriaceae— Ocotillos	Fouquieria fasciculata
Fouquieriaceae— Ocotillos	Fouquieria purpusii
Leguminosae (Fabaceae)— Afrormosia, cristobal, palisander, rosewood, sandalwood	Dalbergia nigra	Brazilian Rosewood
Liliaceae—Aloes	Aloe albida
	Aloe albiflora
	Aloe alfredii
	Aloe bakeri
	Aloe bellatula
	Aloe calcairophila
	Aloe compressa		Includes vars paucituberculata, rugosquamosa, and schistophila
	Aloe delphinensis
	Aloe descoingsii
	Aloe fragilis
	Aloe haworthioides		Includes var aurantiaca
	Aloe helenae
	Aloe laeta		Includes var maniaensis
	Aloe parallelifolia
	Aloe parvula
	Aloe pillansii
	Aloe polyphylla	Spiral Aloe
	Aloe rauhii
	Aloe suzannae
	Aloe versicolor
	Aloe vossii
Nepenthaceae—Pitcher plants (Old World)	Nepenthes khasiana	Indian Pitcher Plant
Nepenthaceae—Pitcher plants (Old World)	Nepenthes rajah	Giant Tropical Pitcher Plant
Orchidaceae—Orchids	Aerangis ellisii		Seedling or tissue cultures obtained in vitro, in solid or liquid media, and transported in sterile containers are not subject to this Act, but only if specimens meet the definition of artificially propagated agreed by the parties to the Convention acting together (Conference of the Parties)
	Cattleya jongheana	Jonghe’s Cattleya	Seedling or tissue cultures obtained in vitro, in solid or liquid media, and transported in sterile containers are not subject to this Act, but only if specimens meet the definition of artificially propagated agreed by Conference of the Parties
	Cattleya lobata	Lobed sophronitis	Seedling or tissue cultures obtained in vitro, in solid or liquid media, and transported in sterile containers are not subject to this Act, but only if specimens meet the definition of artificially propagated agreed by Conference of the Parties
	Dendrobium cruentum		Seedling or tissue cultures obtained in vitro, in solid or liquid media, and transported in sterile containers are not subject to this Act, but only if specimens meet the definition of artificially propagated agreed by Conference of the Parties
	Mexipedium xerophyticum		Seedling or tissue cultures obtained in vitro, in solid or liquid media, and transported in sterile containers are not subject to this Act, but only if specimens meet the definition of artificially propagated agreed by Conference of the Parties
	Paphiopedilum spp	Slipper Orchids, Asian Slipper Orchids	Seedling or tissue cultures obtained in vitro, in solid or liquid media, and transported in sterile containers are not subject to this Act, but only if specimens meet the definition of artificially propagated agreed by Conference of the Parties
	Peristeria elata	Dove Orchid or Holy Ghost Orchid	Seedling or tissue cultures obtained in vitro, in solid or liquid media, and transported in sterile containers are not subject to this Act, but only if specimens meet the definition of artificially propagated agreed by Conference of the Parties
	Phragmipedium spp	Slipper Orchids, South American Slipper Orchids	Seedling or tissue cultures obtained in vitro, in solid or liquid media, and transported in sterile containers are not subject to this Act, but only if specimens meet the definition of artificially propagated agreed by Conference of the Parties
	Renanthera imschootiana	Red Vanda	Seedling or tissue cultures obtained in vitro, in solid or liquid media, and transported in sterile containers are not subject to this Act, but only if specimens meet the definition of artificially propagated agreed by Conference of the Parties
Palmae (Arecaceae) —Palms	Dypsis decipiens	Manambe Palm
Pinaceae—Firs and pines	Abies guatemalensis	Guatemala Fir or Pinabete
Podocarpaceae— Podocarps	Podocarpus parlatorei	Parlatore’s Podocarp
Rubiaceae—Ayugue	Balmea stormiae	Ayuque
Sarraceniaceae— Pitcher plants (New World)	Sarracenia oreophila	Green Pitcher Plant
Sarraceniaceae— Pitcher plants (New World)	Sarracenia rubra ssp alabamensis	Alabama Canebrake Pitcher Plant
	Sarracenia rubra ssp jonesii	Jones’ Pitcher Plant, Mountain Sweet Pitcher Plant
Stangeriaceae— Stangerias	Stangeria eriopus	Hottentot’s Head
Zamiaceae—Cycads	Ceratozamia spp
	Encephalartos spp	Bread Trees or Bread Palms
	Microcycas calocoma
	Zamia restrepoi	Chigua

Schedule 2 Species threatened by trade

s 3(1)

Schedule 2: replaced, on 9 January 2020, by clause 4 of the Trade in Endangered Species Order 2019 (LI 2019/313).

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)

Order	Family	Genus, species, or subspecies	Common name	Exceptions/limitations
Artiodactyla	Bovidae—Antelopes, cattle, duikers, gazelles, goats, sheep, etc	Ammotragus lervia	Barbary Sheep
		Budorcas taxicolor	Takin
		Capra caucasica	West Caucasian Tur, Western Tur
		Cephalophus brookei	Brook’s Duiker
		Cephalophus dorsalis	Bay Duiker
		Cephalophus ogilbyi	Ogilby’s Duiker
		Cephalophus silvicultor	Yellow-backed Duiker
		Cephalophus zebra	Banded Duiker
		Damaliscus pygargus pygargus	Bontebok
		Kobus leche	Lechwe
		Ovis ammon	Altai Argali	Except subspecies included in Schedule 1
		Ovis arabica	Oman Wild Sheep
		Ovis bochariensis	Bukhara Urial
		Ovis canadensis	Bighorn Sheep	Only population of Mexico. No other population is included in the schedules
		Ovis collium	Kazakhstan Argali
		Ovis cycloceros	Afghan Urial
		Ovis darwini	Gobi Argali
		Ovis jubata	Shansi Argali
		Ovis karelini	Tianshan Argali
		Ovis polii	Marco Polo Sheep
		Ovis punjabiensis	Punjab Urial
		Ovis severtzovi	Kyzylkum Sheep
		Philantomba monticola	Blue Duiker
		Rupicapra pyrenaica ornata	Abruzzo Chamois
		Saiga borealis	Mongolian Saiga	A zero export quota for wild specimens traded for commercial purposes
		Saiga tatarica	Saiga Antelope	A zero export quota for wild specimens traded for commercial purposes
	Camelidae—Camels, guanacos, vicunas	Lama guanicoe	Guanaco
	Camelidae—Camels, guanacos, vicunas	Vicugna vicugna	Vicuña	Only populations of Argentina (populations of provinces of Jujuy, Salta, and Catamarca and semi-captive populations of provinces of Jujuy, Salta, Catamarca, La Rioja, and San Juan), Chile (populations of the region of Tarapacá and of the region of Arica and Parinacota), 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, pudus	Cervus elaphus bactrianus	Bactrian Wapiti
	Cervidae—Deer, huemuls, muntjacs, pudus	Pudu mephistophiles	Pudu
	Giraffidae—Giraffes	Giraffa camelopardalis	Giraffe
	Hippopotamidae— Hippopotamuses	Hexaprotodon liberiensis	Pygmy Hippopotamus
	Hippopotamidae— Hippopotamuses	Hippopotamus amphibius	Hippopotamus
	Moschidae—Musk deer	Moschus spp	Musk Deer	Except populations of Afghanistan, Bhutan, India, Myanmar, Nepal, and Pakistan, which are included in Schedule 1
	Tayassuidae—Peccaries	Tayassuidae spp	Peccaries	Except species included in Schedule 1 and populations of Pecari tajacu of Mexico and United States of America, which are not included in the schedules
Carnivora	Canidae—Dogs, foxes, wolves	Canis lupus	Grey Wolf	Except 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 thous	Crab-eating Fox
		Chrysocyon brachyurus	Maned Wolf
		Cuon alpinus	Asiatic Wild Dog
		Lycalopex culpaeus	Culpeo Fox
		Lycalopex fulvipes	Darwin’s Fox
		Lycalopex griseus	Argentine Grey Fox
		Lycalopex gymnocercus	Azara’s Fox
		Vulpes cana	Blanford’s Fox
		Vulpes zerda	Fennec Fox
	Eupleridae—Fossa, falanouc, Malagasy civets	Cryptoprocta ferox	Fossa
	Eupleridae—Fossa, falanouc, Malagasy civets	Eupleres goudotii	Falanouc
		Fossa fossana	Malagasy Civet
	Felidae—Cats	Felidae spp	All cat species	Except 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—Skunks	Conepatus humboldtii	Humboldt’s and Patagonian Hog-nosed Skunk
	Lutrinae—Otters	Lutrinae spp	Otters	Except species included in Schedule 1
	Otariidae—Fur seals, sea lions	Arctocephalus spp	Fur Seals	Except species included in Schedule 1
	Phocidae—Seals	Mirounga leonina	Southern Elephant Seal
	Ursidae—Bears, giant pandas	Ursidae spp	Bears	Except species included in Schedule 1
	Viverridae—Binturong, civets, linsangs, otter-civet, palm civets	Cynogale bennettii	Otter-civet
		Hemigalus derbyanus	Banded Palm Civet
		Prionodon linsang	Banded Linsang
Cetacea— Dolphins, porpoises, whales		Cetacea spp	Whales, Dolphins, Porpoises	Except 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
Chiroptera	Pteropodidae—Fruit bats, flying foxes	Acerodon spp	Flying Foxes	Except species included in Schedule 1
Chiroptera	Pteropodidae—Fruit bats, flying foxes	Pteropus spp	Flying Foxes	Except Pteropus brunneus and species included in Schedule 1
Cingulata	Dasypodidae—Armadillos	Chaetophractus nationi	Andean 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
Diprotodontia	Macropodidae—Kangaroos, wallabies	Dendrolagus inustus	Grizzled Grey Tree Kangaroo
	Macropodidae—Kangaroos, wallabies	Dendrolagus ursinus	Black Tree Kangaroo
	Phalangeridae—Cuscuses	Phalanger intercastellanus	Eastern Common Cuscus
		Phalanger mimicus	Southern Common Cuscus
		Phalanger orientalis	Grey Cuscus
		Spilocuscus kraemeri	Admiralty Island Cuscus
		Spilocuscus maculatus	Common Spotted Cuscus
		Spilocuscus papuensis	Black Spotted Cuscus, Waigeao Cuscus
Monotremata	Tachyglossidae—Echidnas, spiny anteaters	Zaglossus spp	New Guinea Long-nosed Echidnas
Perissodactyla	Equidae—Horses, wild asses, zebras	Equus hemionus	Asiatic Wild Ass	Except subspecies included in Schedule 1
	Equidae—Horses, wild asses, zebras	Equus kiang	Kiang
		Equus zebra hartmannae	Hartmann’s Mountain Zebra
		Equus zebra zebra	Cape Mountain Zebra
	Rhinocerotidae— Rhinoceroses	Ceratotherium simum simum	White Rhinoceros	Only populations of Eswatini and South Africa. 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—Tapirs	Tapirus terrestris	Brazilian Tapir
Pholidota	Manidae—Pangolins	Manis spp	Pangolins	Except species included in Schedule 1
Pilosa	Bradypodidae—Three-toed sloths	Bradypus pygmaeus	Pygmy Three-toed Sloth
Pilosa	Bradypodidae—Three-toed sloths	Bradypus variegatus	Bolivian Three-toed Sloth
	Myrmecophagidae— American anteaters	Myrmecophaga tridactyla	Giant Anteater
Primates—Apes, monkeys		Primates spp	All Monkeys, Lemurs, etc	Except species included in Schedule 1
Proboscidea	Elephantidae—Elephants	Loxodonta africana	African Elephant	Only 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. CoP18), for Botswana and Zimbabwe and for in situ conservation programmes for Namibia and South Africa:
				(c)	trade in hides:
				(d)	trade in hair:
				(e)	trade in leather goods for commercial or non-commercial purposes for Botswana, Namibia, and South Africa and for non-commercial purposes for Zimbabwe:
				(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
Rodentia	Muridae—Mice, rats	Leporillus conditor	Stick Nest Rat
		Pseudomys fieldi	Shark Bay Mouse
		Xeromys myoides	False Water Rat
		Zyzomys pedunculatus	Central Rock Rat
	Sciuridae—Ground squirrels, tree squirrels	Ratufa spp	Giant Squirrels
Scandentia— Tree shrews		Scandentia spp	Tree Shrews

Class—Aves (birds)

Order	Family	Genus, species, or subspecies	Common name	Exceptions/limitations
Anseriformes	Anatidae—Ducks, geese, swans, etc	Anas bernieri	Madagascar Teal
Anseriformes	Anatidae—Ducks, geese, swans, etc	Anas formosa	Baikal Teal
		Branta ruficollis	Red-breasted Goose
		Coscoroba coscoroba	Coscoroba Swan
		Cygnus melancoryphus	Black-necked Swan
		Dendrocygna arborea	Cuban Whistling Duck
		Oxyura leucocephala	White-headed Duck
		Sarkidiornis melanotos	Comb Duck, Knob-billed Goose
Apodiformes	Trochilidae—Hummingbirds	Trochilidae spp	Hummingbirds	Except species included in Schedule 1
Ciconiiformes	Balaenicipitidae—Shoebills, whale-headed storks	Balaeniceps rex	Shoebill, Whale-headed Stork
Ciconiiformes	Ciconiidae—Storks	Ciconia nigra	Black Stork
	Phoenicopteridae—Flamingos	Phoenicopteridae spp	Flamingos
	Threskiornithidae—Ibises, spoonbills	Eudocimus ruber	Scarlet Ibis
	Threskiornithidae—Ibises, spoonbills	Geronticus calvus	Bald Ibis
		Platalea leucorodia	Eurasian Spoonbill, White Spoonbill
Columbiformes	Columbidae—Doves, pigeons	Gallicolumba luzonica	Bleeding Heart Pigeon
Columbiformes	Columbidae—Doves, pigeons	Goura spp	Crowned or Goura Pigeons
Coraciiformes	Bucerotidae—Hornbills	Aceros spp	Hornbills	Except species included in Schedule 1
Coraciiformes	Bucerotidae—Hornbills	Anorrhinus spp	Hornbills
		Anthracoceros spp	Hornbills
		Berenicornis spp	Hornbills
		Buceros spp	Hornbills	Except species included in Schedule 1
		Penelopides spp	Hornbills
		Rhyticeros spp	Hornbills	Except species included in Schedule 1
Cuculiformes	Musophagidae— Turacos	Tauraco spp	All species of Turaco
Falconiformes— Eagles, falcons, hawks, vultures		Falconiformes spp	All birds of prey	Except 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
Galliformes	Phasianidae—Grouse, guineafowl, partridges, peafowl, pheasants, tragopans	Argusianus argus	Great Argus
		Gallus sonneratii	Grey Junglefowl
		Ithaginis cruentus	Blood Pheasant
		Pavo muticus	Green Peafowl
		Polyplectron bicalcaratum	Grey Peacock Pheasant
		Polyplectron germaini	Germain’s Peacock Pheasant
		Polyplectron malacense	Malay Peacock Pheasant
		Polyplectron schleiermacheri	Bornean Peacock Pheasant
		Syrmaticus reevesii	Reeves’ Pheasant
		Tympanuchus cupido attwateri	Attwater’s Prairie Chicken
Gruiformes	Gruidae—Cranes	Gruidae spp	Cranes	Except species included in Schedule 1
Gruiformes	Otididae—Bustards	Otididae spp	Bustards	Except species included in Schedule 1
Passeriformes	Cotingidae—Cotingas	Rupicola spp	Cocks-of-the-rock
	Emberizidae—Cardinals, tanagers	Gubernatrix cristata	Yellow Cardinal
	Emberizidae—Cardinals, tanagers	Paroaria capitata	Yellow-billed Cardinal
		Paroaria coronata	Red-crested Cardinal
		Tangara fastuosa	Seven-coloured Tanager
	Estrildidae—Mannikins, waxbills	Amandava formosa	Green Munia
	Estrildidae—Mannikins, waxbills	Lonchura oryzivora	Java Sparrow
		Poephila cincta cincta	Black-throated Finch
	Fringillidae—Finches	Carduelis yarrellii	Yellow-faced Siskin
	Meliphagidae—Honeyeaters	Lichenostomus melanops cassidix	Helmeted Honeyeaters
	Muscicapidae—Old World flycatchers	Cyornis ruckii	Rueck’s Blue Flycatcher, Rueck’s Niltava
	Muscicapidae—Old World flycatchers	Dasyornis broadbenti litoralis	Western Rufous Bristlebird
		Dasyornis longirostris	Western Bristlebird
		Garrulax canorus	Hwamei, Melodious Laughing Thrush
		Garrulax taewanus	Taiwan Hwamei
		Leiothrix argentauris	Silver-eared Mesia
		Leiothrix lutea	Pekin Robin
		Liocichla omeiensis	Mount Omei Liocichla
	Paradisaeidae—Birds of paradise	Paradisaeidae spp	Birds of Paradise
	Pittidae—Pittas	Pitta guajana	Blue-tailed Pitta
		Pitta nympha	Fairy Pitta
	Pycnonotidae— Bulbuls	Pycnonotus zeylanicus	Straw-crowned Bulbul
	Sturnidae—Mynas, starlings	Gracula religiosa	Hill Myna
Piciformes	Ramphastidae— Toucans	Pteroglossus aracari	Black-necked Aracari
		Pteroglossus viridis	Green Aracari
		Ramphastos sulfuratus	Keel-billed Toucan
		Ramphastos toco	Toco Toucan
		Ramphastos tucanus	Red-billed Toucan
		Ramphastos vitellinus	Channel-billed Toucan
Psittaciformes		Psittaciformes spp	All parrots and allies	Except 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
Rheiformes	Rheidae—Rheas	Pterocnemia pennata pennata	Southern Lesser Rhea

List of access keys

Trade in Endangered Species Act 1989

Trade in Endangered Species Act 1989

Note

Contents

1 Short Title and commencement

2 Object of Act

3 Interpretation

(a)

(b)

(a)

(b)

(a)

(b)

(a)

(b)

(a)

(b)

4 Act to bind the Crown

5 No derogation from other enactments

Administration

6 Administration of Act

7 Scientific authorities

(a)

(b)

(c)

(d)

(e)

8 Minister’s general powers

(a)

(i)

(ii)

(b)

Part 1 Trade in endangered, threatened, and exploited species

9 Trade in endangered, threatened, or exploited species

10 Application for permit or certificate

(a)

(b)

(c)

(d)

11 Grant of permits and certificates

(a)

(b)

12 Appeals to District Court on question of law

Authority to trade in endangered species

13 Permit to export endangered species

(a)

(b)

(c)

(i)

(ii)

(iii)

(d)

14 Permit to import endangered species

(a)

(b)

(c)

(d)

15 Certificate to re-export endangered species

(a)

(i)

(ii)

(b)

(i)

(ii)

(iii)

(c)

16 Certificate to introduce from the sea endangered species

(a)

(b)

(i)

(ii)

(iii)

(c)

(d)

(e)

Authority to trade in threatened species

17 Permit to export threatened species

(a)

(b)