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Questionnaire Results on Combatting Illegal Trade in Cheetahs

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Questionnaire Results on Combatting Illegal Trade in Cheetahs SC66 Doc. 32.5 Annex RESULTS The results are broken out by category and listed by question. A. GENERAL INFORMATION 33 countries have responded to the Questionnaire. These countries are Austria, Botswana, Burkina Faso, Cameroon, Central African Republic, Chad, Cyprus, Greece, Kenya, Kuwait, Latvia, Mali, Malta, Mauritania, Mozambique, Namibia, New Zealand, Nigeria, Oman, Qatar, Saudi Arabia, Slovakia, Somalia, South Africa, Spain, Sudan, Uganda, United Arab Emirates, United Republic of Tanzania, United States of America, Yemen, Zambia, Zimbabwe. Figure (1) presents percentages of parties country from each continent who contribute in this survey. The answers to each question are described in brief in the following graphs and tables. Oceania, 1, 4% North America, 1, 3% South and Asia, 6, 20% Central Africa, 15, America, 0, 0% 50% Europe, 7, 23% Question A.1 Is your country a range State of the cheetah? 20 18 17 16 16 14 12 10 8 52% 48% 6 4 2 0 Yes No * * Includes Sudan, where cheetah is now extinct. SC66 Doc. 32.5 Annex – p. 5 CITES UNIT- Biodiversity Conservation Department B. APPLICABLE LEGISLATION / REGULATORY FRAMEWORK Question B.1. Has your country enacted legislation to regulate international trade in cheetah specimens in accordance with the provisions of CITES? 16 14 12 10 8 15 6 11 4 2 4 2 0 1 Yes No No Answer Yes No Cheetah Range Non cheetah range Titles and Provisions of legislation for countries who answered yes to question B.1 are presented in the table below. Country Titles and provisions of legislation Austria Species Trade Act 2009 The Act gives effect to CITES with full text of the convention included in the Fifth Schedule/ Section 90 of the Act empowers the Minister to suspend, restrict or limit the Botswana application of any of the provisions of the Act, Provided that suspension, restriction or limitation does not contravene the terms of CITES. Burkina Faso No answer Cameroon No Central Ordinance 84.045 Concerning the Protection of Wildlife and the Regulation of Hunting in African the Central African Republic. This law classifies cheetah under Annex II, List A of protected Republic species. There is no specific legislation on international cheetah trade; however, Law No. Chad 14/PR/2008 pertaining to forestry, wildlife and fisheries classifies the cheetah under Annex 1. Cyprus We have a national law that deals with all specimens included in the CITES Appendices Greek Law No 2055/1992 “Ratification of the Convention on International Trade in Endangered Species of Wild Fauna and Flora with Annexes I and II thereto”/Greek Law No 2637/1998/ - Greek Joint Ministerial Decision No 125188/246/22-01-2013 “Trade of species of wild fauna and indigenous flora/ - EU Regulation (EC) No 338/97 “on the Greece protection of species of wild fauna and flora by regulating trade therein/- EU Regulation (EC) No 865/2006 “laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein. Kenya Wildlife Conservation and Management Act 2013 Law No. 42 of 2014 Environment Protection Law/ (Article 100) It is prohibited to hunt, kill, Kuwait catch, collect, harm, acquire or transport wild land and marine organisms, whether alive or dead or prejudice their juveniles, eggs, nests or their habitats, and the Executive Bylaw Environment Public Authority – The State of Kuwait SC66 Doc. 32.5 Annex – p. 6 6 CITES UNIT- Biodiversity Conservation Department Country Titles and provisions of legislation of this law shall determine the types and numbers of organisms allowed to be hunted or fished in certain seasons and specific areas. Hunting or fishing for scientific purposes shall be exempted after the approval of competent concerned authorities in coordination with the Authority./ (Article 101) It is banned to trade in endangered species of wild organisms or any part of it or its products as specified in the CITES Convention and other valid international agreements. It is possible, via a decision from the Director-General and in cooperation with the competent authorities, to add some other species to those mentioned in the said convention. The exception to the above will only be the cases licensed by competent authorities and approved by the Authority for scientific or treatment purposes or for Zoos and exhibitions. Provisions of European Council regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein are in force in Latvia. Cheetah is included in Appendix A of above mentioned regulation therefore any Latvia form of commercial use (trade, sale etc.) of its specimens including live animals and any type of derivates is prohibited. /Furthermore Latvian national legislation on animal protection prohibits any trade in live specimens of Carnivora species. The cheetah is part of animals fully protected by Act No. 95-031 of 20 March 1995 laying down the conditions for the management of wildlife and its habitat. To this end, in its "Section 6 / Hunting Products": it says: Article 97: Trophies of protected animals are compulsorily handed to the service in charge of wildlife that will issue acknowledge reception, when they come from a discovery. Mali Article 101: Remains and trophies of protected animals found dead or resulting from self- defense or destruction authorized by Article 106 will be given to the nearest ranger station in exchange for a receipt; Article 102: The sale of meat from protected wild animals is prohibited. However, the sale of meat from protected wild animals bred in farms and ranches will be allowed under the conditions defined by a joint decree of the Ministers responsible for wildlife and finance. Malta has adopted the Wildlife Trade Regulations as per EU Regulations EC338/97 (as amended) on the protection of species of wild fauna and flora by Malta regulating trade therein, as per Subsidiary Legislation 504.64 (http://justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=11541&l=1). Mauritania No According to Act no 10 of 7th July 1999 (Forestry and Wild Life Law) and Act nº 12/2002 Mozambique of 6th June (Regulation of Forestry and Wildlife Law) , cheetah is protected species. This species is listed as animal protected by national legislation which hunting is not allowed. Controlled Wildlife Products and Trade Act, 2008, This act makes a provision for the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and to provide for the incidental matters./ Controlled Wildlife Products Namibia and Trade Act, 2008, This act makes a provision for the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and to provide for incidental matters. New Zealand Trade in Endangered Species Act 1989 ENDANGERED SPECIES ACT CAP.E9 LAWS OF THE FEDERATION, 2004. ALSO THERE IS DRAFT DOCUMENT ON THE ENDANGERED AND THREATENED WILDLIFE Nigeria SPECIES (CONTROL OF INTERNATIONAL TRADE AND TRAFFIC) AMMENDMENT ACT 2012. UNDER REVIEW. Environment Public Authority – The State of Kuwait SC66 Doc. 32.5 Annex – p. 7 7 CITES UNIT- Biodiversity Conservation Department Country Titles and provisions of legislation sultanate of Oman prohibits the import of all predators including cheetah to Oman for Oman personal use to discourage trade in such endangered species The State of Qatar has enacted law No.(5) of 2006 concerning regulation of trade in specimens of endangered wildlife species./The provisions of this law correspond to the Qatar provisions of CITES. They regulate trade in all CITES listed species including Cheetah, and provide for punishments for violations. Saudi Arabia Saudi Arabia has banned the Importation of predators except for the governmental use. Legislation of European Union: Ø Acinonyx jubatus is included in Annex A of Council regulation (EC) No 338/97 on protection of species of wild fauna and flora by regulating Slovakia trade therein; / Ø conditions for international trade are set out in Art. 4(1) and 5(1, 2) of the Regulation(3) In fact law of protection is working, but we cannot enforced the law ,government did not Somalia reach all the regions and no funding is available No The National Environmental Management: Biodiversity Act (Act 10 of 2004) The Threatened or Protected Species Regulations National CITES Regulations All restricted activities in terms of the Threatened or Protected Species Regulations are applicable to Acinonyx jubatus and a permit is needed to perform any of the restricted activities Definition of “restricted activity” “restricted activity’:(a) in relation to a specimen of a listed threatened or protected species, means- (i): hunting, catching, capturing or killing any living specimen of a listed threatened or protected species by any means, method or device whatsoever, including searching, pursuing, driving, lying in wait, luring, alluring, discharging a missile or injuring with intent to hunt, catch, capture or kill any such specimen; (ii)l gathering, collecting or plucking any specimen of a listed threatened or protected species; (iii) picking parts of, or cutting, chopping off, uprooting, damaging or South Africa destroying, any specimen of a listed threatened or protected species; (iv) importing into the Republic, including introducing from the sea, any specimen of a listed threatened or protected species; (v) exporting from the Republic, including re-exporting from the Republic, any specimen of a listed threatened or protected species; (vi) having in possession or exercising physical control over any specimen of a listed threatened or protected species; (vii) growing, breeding or in any other way propagating any specimen of a listed threatened or protected species, or causing it to multiply; (viii) conveying, moving or otherwise translocating any specimen of a listed threatened or protected species; (ix) selling or otherwise trading in, buying, receiving, giving, donating or accepting as a gift, or in any way acquiring or disposing of any specimen of a listed threatened or protected species; or (x) any other prescribed activity which involves a specimen of a listed Threatened or Protected Species”.
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