CROSS RIVER – WILD ANIMALS PRESERVATION LAW
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LAWS OF CROSS RIVER STATE
CHAPTER W1
WILD ANIMALS PRESERVATION LAW
ARRANGEMENT OF SECTIONS
SECTION
- Appointment of Chief Warden and other officers.
- Advisory Committee for Cross River State.
- Animals not to be hunted, etc., without a special licence.
- Animals not to be hunted without a licence.
- Game birds not to be hunted without a licence.
- Eggs of protected birds not be taken.
- Power to vary Schedules.
- Prohibition on having trophies without permission.
- Trophies exported to be marked.
- Exception to provisions of section 11.
- Prohibition of sale, etc., of powdered rhinoceros horn.
- Free Disposal permit in respect of ivory or rhinoceros horn lawfully obtained.
- (1) Animal killed in self defence.
(2) Remains of animals found.
- Onus of proof.
- Restriction on killing fish.
- Use of motor vehicle or aircraft for hunting prohibited.
- Power to prohibit destructive methods of capture.
- Power to declare a closed season.
Game Reserves
- (1) Power to declare game reserve.
(2) Prohibition of hunting, etc., within reserve.
(3) Meaning of “animal” in the section.
Licences
- (1) Licences and by whom issued.
(2) Fees for licences.
(3) Duration of licences.
(6) Licence not transferable.
(7) To be produced when called for.
- Animals which may be killed.
- To whom resident non-Nigerian’s licence may be granted.
- Bird licence.
- Special licences.
- Power to authorise destruction of animals injuring food supplies or crops, or endangering life.
- Special licence to kill elephant or rhinoceros.
- Original licence to be indorsed.
- When licence is not used.
- Holder of an elephant or rhinoceros licence may obtain certificate of free disposal.
- (1) Register to be kept by licence holders.
(3) Failure to keep or produce an offence.
- Revocation and refusal of licences.
- Licence does not authorise trespass.
- (1) Where servants may assist.
(2) Licence may be forfeited.
Permits to Citizens to Hunt and Kill Animals and Birds
- Bird licence not required by citizen of Nigeria.
- Authority to kill protected animals and birds.
Legal Procedure
- Power to search and seize.
- (1) Penalties.
(2) Forfeiture on conviction.
(3) Revocation of licences by Court.
- Payment of informers.
- Summary trial.
General Provisions
- Power to make regulations.
- Citation.
- Power to suspend application.
- Interpretation.
SCHEDULES
FIRST SCHEDULE
Animals and birds which may not be hunted, killed or captured (except under a special licence)
SECOND SCHEDULE
Animals and birds which may be hunted, killed or captured under a visitor’s or resident non-Nigerian’s licence
THIRD SCHEDULE
Game birds
CHAPTERW1
WILD ANIMALS PRESERVATION LAW
A Law to provide for the preservation of wild animals, birds and fish.
(30th May, 1916)
[Commencement.]
- Appointment of Chief Warden and other officers
(1) For the purposes of this Law the Public Service Commission may appoint a Chief Warden, Wardens and such other officers and employees as may be considered necessary.
(2) There shall be paid to any person appointed under this section such remuneration and allowances (if any) as the Public Service Commission shall determine.
- Advisory Committee for Cross River State
(1) So soon as may be there shall be established an advisory committee for Cross River State which shall be known as the Wild Animals Preservation Advisory Committee.
(2) It shall be the duty of the Committee to advise and to make recommendations to the Commissioner on all matters and questions relating to the animals of Cross River State.
(3) The Committee shall consist of a Chairman, who shall be the Chief Warden and such number of other members not exceeding eight in number as may be determined by the Commissioner.
(4) There shall be paid to the members of the Advisory Committee such remuneration and allowances (if any) as the Commissioner shall determine.
- Animals not to be hunted, etc., without special licence
No person shall hunt, kill or capture—
(a) any of the animals or birds mentioned in the First Schedule;
(b) any of the animals mentioned in the First or Second Schedule if the animals be (a) immature or (b) a female accompanied by her young; or
(c) any female antelope, unless he is authorised by a special licence or other authority under this Law.
[First and Second Schedules.]
Penalty: a fine of two hundred naira, or, if the offence relates to more animals than two, a fine of one hundred naira in respect of each animal, or in default, in either case, imprisonment for six months:
Provided that in the case of an offence under paragraph (c) if the offender shall satisfy the court that he committed the offence unintentionally, he shall be liable to a fine of two naira for a first offence, and of ten naira for any subsequent offence.
- Animals not to be hunted without a licence
No person, unless he is authorised under this Law, shall hunt, kill or capture any animal or bird mentioned in the Second Schedule.
[Second Schedule.]
Penalty: a fine of one hundred naira, or, if the offence relates to more animals than two, a fine of fifty naira in respect of each animal, or in default, in either case, imprisonment for three months.
- Game birds not to be hunted without a licence
No person, unless he is authorised under this Law, shall hunt, kill or capture any of the birds mentioned in the Third Schedule:
[Third Schedule. F. &. L. 1958, Cap. 69.]
Provided that any person who is granted a licence to use a shotgun under the provisions of the Firearms Act, may hunt and kill such birds with such shotgun without further authorisation under the provisions of this Law.
Penalty: a fine of ten naira.
- Eggs of protected birds not to be taken
No person, unless he is authorised under this Law, shall take the egg of a protected bird except if the bird is kept in a domesticated state.
- Power to vary Schedules
The Commissioner may, either in respect of the whole of the State or any Local Government area, or other area thereof, by regulations—
(a) remove any animal or bird from any of the Schedules;
(b) declare that the name of any species, variety or sex of animal or bird not mentioned in any Schedule shall be added to a particular Schedule;
(c) declare that the name of any species, variety or sex of animal or bird in one Schedule shall be transferred to another Schedule;
(d) prescribe or alter the number of the animals or birds of any species for the time being included in the Second Schedule, which may be hunted, killed or captured under a licence;
(e) prescribe, add to or alter the areas in which any of the animals or bird mentioned in the Schedules may not be hunted, killed or captured unless authorised under this Law.
- Prohibition on having trophies without permission
(1) Save with the permission in writing of the Local Government Secretary no person shall possess, purchase, sell or transfer any trophy or manufacture anything from any trophy, and such permission shall not be given unless the Local Government Secretary is satisfied that the trophy has been lawfully obtained.
(2) Any person contravening the provisions of this section shall be liable to a fine of fifty naira or in default to imprisonment with or without hard labour for three months and in addition to the forfeiture of the trophy in respect of which he has been convicted.
- Trophies exported to be marked
(1) Every trophy, consisting of ivory or rhinoceros horn, exported in accordance with the provisions of section 11 of this Law shall be identified by marks which shall be recorded in the export certificate, together with the weight of the trophy.
(2) Every other trophy exported shall, if possible, be similarly marked and such marks shall be recorded in the export certificate.
(3) In case it shall not be possible to mark any such trophy it shall be described in the export certificate so as to identify it with as much certainty as possible.
- Exception to provisions of section 11
Nothing in section 11 shall be deemed to prohibit—
(a) the possession, sale, or purchase of any animal, bird or thing which has been forfeited to or is the property of the Government, and which has been sold by the order of the Commissioner;
(b) the sale of any animal, bird or thing, other than an animal, bird or thing liable to forfeiture under this Law, forming part of the estate of a deceased person;
(c) the sale or purchase by a citizen of Nigeria of the flesh of any protected animal or bird which has been killed under a licence or permit.
- Prohibition of sale, etc., of powdered rhinoceros horn
No person shall possess, sell, purchase or transfer any powdered rhinoceros horn.
- Free Disposal permit in respect of ivory or rhinoceros horn lawfully obtained
(1) Any person in possession of ivory or rhinoceros horn lawfully obtained may obtain from a person authorised to grant licences under section 23 a permit to dispose freely of such ivory or horn.
(2) Such permit shall be known as a Free Disposal permit and shall be in such form as may be prescribed.
(3) Any ivory or rhinoceros horn in respect of which such permit has not been obtained shall be deemed to have been obtained in contravention of this Law.
- Animal killed in self defence
(1) Notwithstanding anything in this Law contained, no person shall be deemed to have committed an offence against this Law by reason of his having killed or injured any animal or bird in defence of himself or any other person, but he shall report such occurrence without delay to the Local Government Secretary, and when the animal killed is an elephant or rhinoceros shall cause the tusks or horn to be taken to a Government station and handed over to the Local Government Secretary.
Remains of animals found
(2) When the carcass or remains of any protected animal or any protected bird shall be found, the head, horns, tusks, and feathers of such animal or bird shall be the property of the Government:
Provided that the Commissioner may—
(a) waive this right in any case as he may deem fit;
(b) direct the payment to any person of such compensation as shall cover the cost of the transport of any ivory or rhinoceros horn to the nearest Government station;
(c) direct the payment of rewards for the finding of ivory or rhinoceros horn.
- Onus of proof
Whenever a person shall be charged with the offence of being in possession of or selling or transferring or exporting or attempting to export any ivory or rhinoceros horn obtained in contravention of this Law or of any Ordinance repealed by the Wild Animals Preservation Act it shall be sufficient if the summons or charge shall allege that the ivory or horn was obtained in contravention of the law, without specifying the law, and the onus shall then be on the person accused to produce satisfactory proof that the ivory or horn was lawfully obtained:
Provided that if the person accused shall fail to produce such proof but there shall not be sufficient evidence to prove that such person knew or ought to have known that the ivory or horn was obtained in contravention of the law, the ivory or horn shall be forfeited, but the person accused shall not be liable to either a fine or imprisonment.
- Restriction on killing fish
No person shall use any poison or, without a licence from the Commissioner, any dynamite or other explosive for the killing or taking of any fish.
- Use of motor vehicle or aircraft for hunting prohibited
No person shall use any motor vehicle or aircraft (which term shall include aircraft lighter than air) either for the purpose of hunting, killing or capturing any animal or bird or for the purpose of driving, stampeding or disturbing any such animal or bird for any purpose whatsoever including that of filming or photographing:
Providing that nothing in this section shall affect the right of occupiers in respect of land occupied by them, or of the Government or the Government of the Federation in respect of land utilised for public purposes, to use motor vehicles or aircraft for the purpose of driving away, capturing or destroying any animal or bird found on such land where such ejection, capture or destruction is not otherwise contrary to law.
- Power to prohibit destructive methods of capture
Where it appears to the Commissioner that any method used for killing or capturing animals, birds or fish is unduly destructive, he may by regulations prohibit such method, or prescribe the conditions under which any method may be used; and if any person uses any method so prohibited or uses any method otherwise than according to the conditions so prescribed, he shall be liable to the same penalties as for a breach of this Law.
- Power to declare a closed season
(1) The Commissioner may be regulations declare any area to be closed for any specified period in respect of the killing or capturing of all or any species of protected animals or protected birds or game birds.
(2) Any person who shall hunt, kill or capture or attempt to kill or capture, or who shall have in his possession any animal or bird killed or captured in contravention of any such regulations shall be liable to a fine of one hundred naira.
Game Reserves
- Power to declare game reserves
(1) The commissioner may by regulations declare any area to be a game reserve, and may define or alter the limits of any game reserve.
Prohibition of hunting, etc., within reserve
(2) Save as provided in this Law, any person who hunts, kills or captures any animal in a game reserve, or is found within a game reserve in circumstances showing that he was unlawfully in pursuit of any animal shall be guilty of a breach of this Law.
Meaning of “animal” in the section
(3) For the purpose of this section and of the provisions of this Law relating to reserves the term “animal” means mammals and birds, but does not include any animal kept in a domesticated state.
Licences
- Licences and by whom issued
(1) The following licences may be granted by the Commissioner or by such person as may be authorised him—
(a) a resident non-Nigerian’s licence;
(b) a visitor’s licence;
(c) a fortnightly licence;
(d) a bird licence.
Fees for licences
(2) The following fees shall be payable for licences, that is to say, for a resident non- Nigerian’s licence, four naira; for a visitor’s licence, twenty naira; for a fortnightly licence, one naira; for a bird licence, fifty kobo.
Duration of licences
(3) A resident non-Nigerian’s licence and a visitor’s licence shall be in force for one year from the date of issue, but, subject to the regulations may be renewed from month to month on payment of the prescribed fee.
(4) A fortnightly licence shall be in force for fourteen days from the date of issue of such licence but not more than one such licence shall be issued to the same person within a period of twelve months.
(5) A bird licence shall be in force for one year from the date of issue.
Licence not transferable
(6) No licence granted under this Law shall be transferred.
To be produced when called for
(7) Every licence must be produced when called for by any administrative, police or forest officer, and any licence holder who fails, without reasonable cause, to produce it when called for shall be guilty of an offence against this Law.
- Animals which may be killed
(1) A resident non-Nigerian’s licence and a visitor’s licence respectively authorise the holder to hunt, kill or capture animals and birds of any of the species mentioned in the Second or Third Schedules but, unless the licence otherwise provides, not more than the number of each species mentioned in the Second Schedule fixed by the second column of that Schedule.
[Second and Third Schedules.]
(2) A fortnightly licence authorises the holder to hunt, kill or capture animals and birds of any of the species included in the Second or Third Schedules, provided that the total number of protected animals and protected birds killed or captured under such licence does not exceed ten, and that the number of any species mentioned in the Second Schedule does not exceed the number fixed in the second column of that Schedule.
(3) The holder of a resident non-Nigerian’s licence or of a visitor’s licence may by the licence be authorised to kill or capture additional animals or birds of any species included in the Second Schedule on payment of such additional fees as may be prescribed by the Commissioner.
- To whom resident non-Nigerian’s licence may be granted
A resident non-Nigerian’s licence shall not be granted except to a public officer of Nigeria or to a resident non-Nigerian, or, with the consent of the Commissioner to any Nigerian who is able to keep the register required by section 33.
- Bird licence
A bird licence authorises the holder thereof to hunt, kill and capture birds of the species mentioned in the Third Schedule.
[Third Schedule.]
- Special licences
(1) The Commissioner may for scientific or administrative purpose in exceptional circumstances grant a special licence to any person authorising him to hunt, kill or capture—
(a) any specified species of animal or bird in any area declared to be a game reserve;
(b) any specified species of protected animals (other than elephant or rhinoceros) mentioned in the First Schedule, in any area other than an area declared to be a game reserve.
(2) Such special licences shall be subject to such conditions as the Commissioner may by indorsement on the licence impose.
- Power to authorise destruction of animals injuring food supplies or crops, or endangering life
If it shall be shown to the satisfaction of a Local Government Secretary, or any other officer appointed by the Commissioner in this behalf, that it is necessary, in order to protect the lives of any persons or to prevent the destruction of crops or of domestic stock or in time of famine or for any requirement relating to public health or public order, that any protected animal or protected bird shall be destroyed, the Local Government Secretary or other officer as aforesaid may authorise any person to kill such animals or birds for such period and by such methods (even though prohibited by the provisions of this Law or the regulations made thereunder) and subject to such condition as he may direct with due regard to the prevention of any unnecessary destruction of protected animals or birds:
Provided that such authority shall not be granted in the case of animals or birds in a game reserve.
- Special licence to kill elephant or rhinoceros
(1) Any person authorised to grant licences under section 23 may, on the application of the holder of a resident non-Nigerian’s licence or a visitor’s licence, grant a special licence authorising such person to hunt, kill or capture either one or two elephants or rhinoceros as the applicant shall require and as shall be specified therein. Such special licence shall not authorise the holder to hunt, kill or capture any elephant having tusks weighing less than twenty-two pounds each.
(2) There shall be paid for such special licence the fees following—
For a licence to hunt, kill or capture one elephant or rhinoceros, twenty naira.
For a licence to hunt, kill or capture two elephants or rhinoceros, sixty naira.
(3) Every licence granted under this section shall expire on the same date as the resident non-Nigerian’s or visitor’s licence held at the time of the granting of such special licence by the person to whom the same shall be granted and only one such special licence shall be granted to such person during the period of any such resident non-Nigerian’s or visitor’s licence:
Provided, however, if such person shall have taken out a special licence authorising him to hunt, kill or capture one elephant or rhinoceros only, he may, on payment of a further fee of forty naira, be granted a licence authorising him to hunt, kill or capture a second elephant or rhinoceros.
- Original licence to be indorsed
Every person who shall obtain a special licence under the last preceding section shall produce to the officer granting the same his resident non-Nigerian’s or visitor’s licence and such officer shall indorse thereon the fact of such special licence having been granted and the nature of the licence.
- When licence is not used
When the holder of a resident non-Nigerian’s or visitor’s licence or a special elephant or rhinoceros licence has been prevented by circumstances beyond his own control from making any use of such licence, he shall be granted on application a similar licence free of charge at any time within five years from the date of his unused licence.
- Holder of an elephant or rhinoceros licence may obtain certificate of free disposal
The holder of a special elephant or rhinoceros licence shall, on presentation to any person authorised to issue licences under section 23 of the tusk or horn of any elephant or rhinoceros killed by him under the authority of his licence, be entitled to receive a Free Disposal permit in respect of each such tusk or horn, and every tusk or horn disposed of by him shall be accompanied by the said permit.
- Register to be kept by licence holders
(1) Every holder of a licence, other than a bird licence, shall keep a register in the prescribed form and shall enter therein, as soon as conveniently may be after killing or capturing any protected animal or protected bird, the species and number of the animals and birds killed or captured, and shall, whenever required by the Local Government Secretary, produce such register for inspection, and shall, if required by the Local Government Secretary certify in writing over his signature that the register is a complete record of all protected animals and protected birds killed or captured during the currency of his licence.
(2) Every holder of a licence shall, within fifteen days after his licence has expired, send the register to the Commissioner and shall therein certify as in the preceding subsection provided.
Failure to keep or produce register an offence
(3) If any holder of a licence fails to keep his register truly, or produce, send or certify it as required, he shall be liable to a fine of one hundred naira.
- Revocation and refusal of licences
The Commissioner may—
(a) revoke any licence when he is satisfied that the holder has been guilty of a breach of any of the provisions of this Law or of the conditions of his licence, or has connived with any other person in any such breach, or that in any matters in relation thereto he has acted otherwise than in good faith;
(b) refuse a licence or direct that a licence shall be refused to any applicant; or
(c) require any applicant for a licence to give security, by bond or by deposit, for such sum, not exceeding three hundred naira, as the Commissioner may determine, for his compliance with this Law and the conditions of his licence.
- Licence does not authorise trespass
No licence under this Law shall be deemed to authorise the holder thereof to enter upon private land for the purpose of hunting without the consent of the owner or occupier.
- Where servants may assist
(1) Persons in the employment of holders of licences may, without licence, assist such holders of licences in hunting animals but shall not use firearms, bows or arrows.
Licence may be forfeited
(2) In any case of a breach of the provisions of this section the licence holder shall be liable to a fine of one hundred naira and his licence may be forfeited.
Permits to Citizens to Hunt and Kill Animals and Birds
- Bird licence not required by citizen of Nigeria
Subject to the provisions of any regulations under section 21 any citizen of Nigeria may hunt, kill or capture without a licence any game birds, provided that he does not use for such purpose any firearm other than a flint-lock gun.
- Authority to kill protected animals and birds
(1) A Local Government Secretary or any other officer appointed by the Commissioner in this behalf may grant a permit to any citizen of Nigeria or group of them to hunt, kill or capture any animal or bird mentioned in the Second Schedule to this Law, or, with the sanction of the Commissioner, any animal or bird mentioned in the First Schedule. Such permit shall specify the species and the number of each species which may be killed or captured and may specify the mode of hunting and the area over which and the seasons during which the citizen of Nigeria or group of them may hunt in pursuance of such permit.
[First and Second Schedules.]
(2) No permit shall authorise the killing of—
(a) a female antelope; or
(b) any protected animal, if the animal be—
(i) immature; or
(ii) a female accompanied by its young.
(3) Whenever a permit shall authorise the hunting, killing and capture of an elephant or rhinoceros the following conditions shall apply—
(a) no female elephant or rhinoceros, or elephant having tusks weighing less than twenty-two pounds each shall be hunted, killed or captured;
(b) the citizen or the head of the group of citizens to whom the permit is granted shall report without delay the killing of any elephant or rhinoceros to the Local Government Secretary and shall deposit the tusks or horn with that officer;
(c) the officer with whom any tusks are deposited under the last preceding paragraph shall cause the same to be weighed, and if each tusk weighs not less than twentytwo pounds and the person depositing the same shall pay, by way of royalty to the Government, twenty kobo for every pound weight of ivory, the officer shall permit such person to retain the tusks, but otherwise the tusks shall be the property of the Government and shall be dealt with as the Commissioner may direct;
(d) any rhinoceros horn deposited under the provisions of paragraph (b) shall be returned to the person depositing the same.
(4) Any person authorised to grant a permit under this section may at any time cancel the same if he is satisfied that any person to whom the same has been granted has hunted, killed or captured any protected animal or bird which he was not authorised by the permit to hunt, kill and capture, or has committed a breach of any of the conditions of the permit.
Legal Procedure
- Power to search and seize
Where any Local Government Secretary or police or forest officer thinks it expedient for the purposes of verifying the register of a licence holder, or suspects that any person has been guilty of a breach of any of the provisions of this Law or of the conditions of his licence or permit, he may inspect and search, or authorise any subordinate officer to inspect and search, any baggage, package, wagon, tent, building, or caravan belonging to or under the control of such person, or his agent, and if the officer finds any head, horn, tusk, skin, feather or other remains of any animal or bird appearing to have been killed, or any live animal or bird appearing to have been captured, in contravention of this Law, he shall seize and take the same before the magistrate to be dealt with according to this Law.
- Penalties
(1) Any person who commits any breach of the provisions of this Law, or of the conditions of his licence or permit for which breach no special penalty is prescribed, shall on conviction be liable to a fine of one hundred naira.
Forfeiture on conviction
(2) In all cases of conviction for any offence under this Law, the heads, horns, tusks, skins or other remains of animals or birds found in the possession of the offender or his agent, shall be liable to forfeiture, unless it is proved to the satisfaction of the Court that they were not obtained in contravention of this Law and all live animals or birds captured in contravention of this Law shall be liable to forfeiture.
Revocation of licences by Court
(3) If the person convicted is the holder of a licence his licence may be revoked by the Court.
- Payment of informer
Where in any proceeding under this Law any fine is imposed, the Court may award any sum not exceeding half the total fine recovered to any informer.
- Summary trial
All offences under this Law may be tried summarily.
General Provisions
- Power to make regulations
The Commissioner may make regulations in respect of the following matters—
(a) the application for, issue and form of licences;
(b) requiring the holder of any special licence granted under section 27 or section 29 before hunting under such licence in any Local Government area to submit the licence for indorsement by the Local Government Secretary;
(c) the issue of a duplicate licence in the case of a licence being lost or destroyed and prescribing the fee to be paid;
(d) providing for the issue of licences to ostrich farmers, authorising the collection of the eggs of wild ostriches and the capture of young ostriches, and prescribing the conditions to be attached to such licences and the fees to be paid therefor;
(e) prohibiting or regulating the capture or killing of fish or of any specified kind of fish either generally or in respect of any specified waters;
(f) prohibiting the use of any specified kind of net or instrument for the killing or capture of fish;
(g) the protection of spawning beds;
(h) prohibiting the firing at animals or birds from any steamship on the inland waters;
(i) prohibiting the use of poison for the purpose of killing any animal or bird;
(j) prohibiting the marking or use of any game pits, nets or traps for the purpose of killing or capturing any animal or bird;
(k) prohibiting the use of fire for the purpose of hunting, killing or capturing any animal or bird;
(l) providing for the marking with identifying marks of elephant tusks and rhinoceros horns;
(m) prohibiting the possession of any specified kind of arms, lamps or any other articles used or likely to be used or capable of being used in hunting;
(n) prohibiting the carrying of any specific kinds of arms, lamps, or any other articles while hunting; and
(o) generally for the carrying out of the purposes of this Law.
- Power to suspend application
The Governor may by order suspend the operation of this Law or of any of the provisions thereof, either as to the whole of Cross River State or as to any part thereof.
- Interpretation
In this Law—
“animal” or “species” means all vertebrates and invertebrates (including non-edible fish), their nests, eggs, egg-shells, skins and plumage;
“game bird” means any bird mentioned in the Third Schedule;
[Third Schedule.]
“Government” means the Government of Cross River State of Nigeria;
“hunt” includes an attempt to kill or capture, and also an intentional causing of injury, or an attempt to cause injury, to an animal or bird;
“protected animal” means any of the animals mentioned in the First or Second Schedules;
[First and Second Schedules.]
“protected bird” means any of the birds mentioned in the First or Second Schedules;
“resident non-Nigerian” means a person other than a citizen of Nigeria who has satisfied the Local Government Secretary of the Local Government area in which he resides that he is a bona fide resident in Nigeria;
“trophy” means any protected animal dead or alive or anything part of or produced from any such animal when dead or any protected bird, or the eggs, egg-shells, nests or plumage of any such bird, but does not include any trophy or part of a trophy which by a process of bona fide manufacture has lost its original identity;
“visitor” means a person who visits Cross River State wholly or partly for sporting purposes not being a public officer or a resident non-Nigerian or a citizen of Nigeria.
- Citation
This Law may be cited as the Wild Animals Preservation Law.
SCHEDULES
FIRST SCHEDULE
Animals and birds which may not be hunted, killed or captured
(except under a special licence)
Aard Vark
Aard Wolf
Abyssinian Ibex or Wali
Abyssinian Wolf
Banded Duiker
Barbary Stag
Bongo
Chimpanzee
Crested Bush Rat
Eland
Elephant
Fossa
Giant Sable Antelope
Giraffe
Gorilla
FIRST SCHEDULE—continued
Hippopotamus – when found in or on the banks of the Cross River between Obubra and Ikom
Madagascar Lemus
Manatee
Mountain Nyala or Buxton’s Bush Buck
Mountain Zebra
Northern Hartebeest or Bubal
Nubian Ibex or Bedin
Nyala
Okapi
Otter Shrew
Pangolin
Rhinoceros
Water Chevrotain
Wild Ass
Yellow-backed Duiker
Abyssinian Ground Chough
African Broadbill
African Peacock
African Yellow-billed Swallow
Bald-headed Ibis or Waldrapp
Buff-racked Heron
Egret
European White Stork
Flightless Rail of Inaccessible Island
Marabou Stork
Northern Secretary Bird
Ostrich
Owl
Rhinoceros Bird
Secretary Bird
Vulture
Whale-headed Stork or Shoe-bill
White-breasted Guinea Fowl
Fishes of the Grottoes of Thysville
SECOND SCHEDULE
Animals and birds which may be hunted, killed or captured under a visitor’s or resident non-Nigerian’s licence
Species Number which may be
killed or captured
Addra Gazelle (Rufi collis) …………………………………………………………………… 2
Beira …………………………………………………………………………………………………. 1
Bontebok …………………………………………………………………………………………… 1
Buffalo ………………………………………………………………………………………………. 4
*Buffon’s Kob (Cobus cob) ………………………………………………………………….. 8
*Bush Buck or Harnessed Antelope ………………………………………………………. 4
Colobus Monkey …………………………………………………………………………………. 2
Dama Gazelle …………………………………………………………………………………….. 2
Dibatag or Clarke’s Gazelle ………………………………………………………………….. 1
Dorcas ……………………………………………………………………………………………….. 2
Duiker (all species except the Yellow-backed and Banded Duiker) ……………. 20
*Hartebeest ………………………………………………………………………………………… 4
Hippopotamus (except where included in the First Schedule) ……………………. 2
Impala ……………………………………………………………………………………………….. 1
Klipspringer ……………………………………………………………………………………….. 3
*Oribi ………………………………………………………………………………………………… 8
Oryx (white) ………………………………………………………………………………………. 2
*Reed Buck ……………………………………………………………………………………….. 4
*Roan Antelope ………………………………………………………………………………….. 4
*Senegal Hartebeest ……………………………………………………………………………. 4
Senegal or Red-fronted Gazelle (Rufi fronts) ………………………………………….. 4
Situtunga ……………………………………………………………………………………………. 4
Warthog …………………………………………………………………………………………….. 4
*Water Buck ………………………………………………………………………………………. 4
White-tailed Gnu ………………………………………………………………………………… 1
In the case of the animals marked with a * above the Commissioner may allow a larger number, not exceeding double that stated, to be killed in certain special districts where the particular species is abundant, and the licence will be indorsed accordingly.
Abyssinian Ground Hornbill …………………………………………………………………. 1
Crowned Crane …………………………………………………………………………………… 2
Greater Bustard …………………………………………………………………………………… 2
Greater Kudu ……………………………………………………………………………………… 1
THIRD SCHEDULE
Game Birds
Duck, widgeon, mallard
Floricans
Francolins
Geese
Guinea Fowl
Lesser Bustards
Partridges
Quail
Red-eyed and Green Pigeons
Rock Fowl
Sand Grous
Snipe
Teal
CHAPTERW1
WILD ANIMALS PRESERVATION LAW
SUBSIDIARY LEGISLATION
List of Subsidiary Legislation
- Wild Animals Preservation (Prohibition of Dazzle) Regulations.
- Wild Animals Preservation (Licences) Regulations.
- Wild Animals Preservation (Traps) Regulations.
WILD ANIMALS PRESERVATION (PROHIBITION OF DAZZLE) REGULATIONS
[Regulation 6 of 1934. Section 20.]
- (1) The killing or capturing of animals or birds by using a bright lamp or other portable light for the purpose of dazzling them or otherwise rendering them more easy prey, is hereby prohibited.
(2) Any person who contravenes the provisions of sub-regulation (1) shall be liable to a fine or one hundred naira.
- These regulations may be cited as the Wild Animals (Prohibition of Dazzle) Preservation Regulations.
WILD ANIMALS PRESERVATION (LICENCES) REGULATIONS
[Regulations 12 of 1916. 47 of 1918. 34 of 1919. 8 of 1925. 35 of 1928. 7 of 1931.
Section 43. First Schedule.]
- Licences under section 23 of the Law may be issued by an administrative officer, magistrate or officers of the Forestry Division of the Ministry of Agriculture and shall be in the forms set out in the First Schedule.
- Renewal of licence
(1) A resident non-Nigerian’s licence or a visitor’s licence may be renewed on the payment of the fees following—
Form A
A resident non-Nigerian’s licence—
Monthly renewal, fifty kobo.
Form B
A visitor’s licence—
Monthly renewal, two naira, fifty kobo.
(2) Such renewal may be made on application to any officer mentioned in the preceding regulation who, on the receipt of the fee prescribed, shall endorse the fact of such renewal on the original licence.
(3) A renewal licence does not entitle the holder to kill or capture animals or birds in excess of the number authorised by the original licence.
- Lost licence
Any person whose licence has been lost or destroyed may, on application to any officer authorised to issue the licence, and on satisfying such officer that the licence has been lost or destroyed, be granted a duplicate licence for the remainder of the term of the original licence on payment of a fee of fifty kobo.
- Elephant licence
A licence authorising the holder thereof to hunt, kill or capture elephants shall be in the form set out in the First Schedule.
[Form E.]
- Special licence to kill rhinoceros or eland
(1) Any administrative officer may, on the application of the holder of a resident non-Nigerian’s licence or a visitor’s licence, grant a special licence authorising such person to kill or capture one rhinoceros and one eland. Such special licence shall not authorise the holder to hunt, kill or capture an immature rhinoceros or eland, or a female rhinoceros or eland accompanied by her young.
(2) Every such licence shall be in the form set out in the First Schedule, and there shall be paid therefor a fee of four naira, or, if granted in respect of both rhinoceros and eland, eight naira.
[Form F.]
(3) The person who obtains a special licence under this regulation shall produce to the officer granting the same his resident non-Nigerian’s or visitor’s licence and such officer shall indorse thereon the fact of such special licence having been granted.
(4) Every licence granted under this regulation shall expire on the same date as the resident non-Nigerian’s or visitor’s licence held at the time of the granting of such special licence by the person to whom such special licence is granted, and only one licence to kill a rhinoceros and one licence to kill an eland shall be granted to such person during the period of such resident non-Nigerian’s or visitor’s licence.
- Indorsement of special licence by Local Government Secretary
The holder of any special licence granted under sections 27 or 29 of the Law shall before hunting under such licence in any area submit the licence for indorsement by the Local Government Secretary.
Game Register
- Form of register to be kept
The register to be kept by licence holders as required by section 33 of the Law shall be in the form set out in the Second Schedule.
[Second Schedule.]
Marking of Ivory
- Marking of Government ivory
(1) The administrative officer when permitting any citizen to retain a tusk deposited with him in pursuance of the provisions of section 38 (3) of the Law, and any officer or person selling any tusk on behalf of the Government shall cause the tusk to be marked with the letters N. G., and the date, and the name of the person retaining or purchasing the tusk, and of the station or place at which the tusk has been so marked.
Penalty
(2) Any person who shall, without proper authority, mark or cause to be marked any tusk or part of a tusk with such mark as aforesaid shall be liable to a fine of one hundred naira and the tusk or part of a tusk in respect of which the offence has been committed shall be forfeited to the Government.
Acts prohibited
- Certain prohibited acts
Any person who shall—
(a) use any poison for the purpose of killing any protected animal;
(b) fire at any protected animal or protected bird or game bird from any steamer in motion;
(c) make or use any game pit, net or trap for the purpose of killing or capturing any protected animal or protected bird; or
(d) hunt any protected animal with dogs, shall be liable to a fine of one hundred naira.
- Free Disposal permit
A Free Disposal permit under section 15 of the Law shall be in the form in the Third Schedule.
[Third Schedule.]
- Citation
These regulations may be cited as the Wild Animals Preservation (Licences) Regulations.
SCHEDULES
FIRST SCHEDULE
[Regulation 1 and 3.]
FORM A
Resident Non-Nigerian’s Licence
Date …………………………. Licence No. …………………………………………………..
Issued at ……………………………………………
Fee paid, ₦4
Licence is hereby granted to …………………………….. of …………………………… to hunt, kill or capture animals and birds of any of the species mentioned in the Second or Third Schedules to the Wild Animals Preservation Law for twelve months from this date, subject to the provisions of the above Law.
[Cap. W1.]
…………………………………………………………………….
(Signature of officer issuing the licence)
This licence is renewed for ……………………………………………………………. months for which renewal a fee of ……………………… has been paid.
…………………………………………………………………….
(Signature of officer receiving the renewal fee)
Note.—The Second and Third Schedule and section 23 (7) and 33 of the Law to be printed on the back of the licence.
FORM B
[Regulations 1 and 3.]
Visitor’s Licence
Date ……………………………… Licence No. …………………………………………………..
Issued at ………………………………………………………
Fee paid, ₦20
FORM B—(continued)
Licence is hereby granted to ………………………………….. of …………………………………………. to hunt, kill or capture animals and birds of any of the species mentioned in the Second or Third Schedules to the Wild Animals Preservation Law for twelve months from this date, subject to the provisions of the above Law.
[Cap. W1.]
…………………………………………………………………….
(Signature of officer issuing the licence)
This licence is renewed for ……………………………………………………………. months for which renewal a feeof ……………………… has been paid.
…………………………………………………………………….
(Signature of officer receiving the renewal fee)
Note.—The Second and Third Schedule and section 23 (7) and 33 of the Law to be printed on the back of the licence.
FORM C
[Regulation 2.]
Fortnightly Licence
Date …………………………………………………………… Licence No. …………………………………………………..
Issued at ………………………………………………………
Fee paid, ₦1
Licence is hereby granted to …………………………………………….. of …………………………………………………… to hunt, kill or capture, subject to the provisions of the Wild Animals Preservation Law for a period of fourteen days from this date, animals or birds of any of the species mentioned in the Second or Third Schedule to the said Law provided that the total number of animals and birds of the species mentioned in the said Second Schedule killed or captured under this licence shall not exceed ten and the number of any species mentioned in the said Schedule shall not exceed the number fixed by the second column of that Schedule.
[Cap. W1.]
…………………………………………………………………….
(Signature of officer issuing the licence)
Note.—The Second and Third Schedule and section 23 (7) and 33 of the Law to be printed on the back of the licence.
FORM D
[Regulation 2.]
Bird Licence
Date …………………………………………………………… Licence No. …………………………………………………..
Issued at ………………………………………………………
Fee paid, 50 k.
FORM D—(continued)
Licence is hereby granted to …………………………………………….. of …………………………………………………… to hunt, kill or capture, subject to the provisions of the Wild Animals Preservation Law for a period of one year from this date, birds of any of the species mentioned in the Third Schedule to the said Law.
[Cap. W1.]
…………………………………………………………………….
(Signature of officer issuing the licence)
Note.—The Third Schedule and section 23 (7) and 33 of the Law to be printed on the back of the
licence.
FORM E
[Regulation 5.]
Special Licence to kill Elephant
Date …………………………………………………………… Licence No. …………………………………………………..
Issued at ………………………………………………………
Fee paid, ₦20 (₦40 or ₦60 as the case may be)
Licence is hereby granted to …………………………………………….. of …………………………………………………… who is the holder of a (state whether the licence is a resident non-Nigerian’s or visitor’s licence) licence issued at …………………………………………………………….. on the ……………….. day of ………………………….., 20 ………………………, to hunt, kill or capture one (or two) elephant(s) subject to be provisions of the Wild
Animals Preservation Law.
[Cap. W1.]
This licence will expire on the date of the expiration of the (state nature of licence) licence abovementioned.
…………………………………………………………………….
(Signature of officer issuing the licence)
Note.—Section 29 of the Law to be printed on the back of the licence.
FORM F
[Regulation 6.]
Special Licence to kill A Rhinoceros or Eland
Date …………………………………………………………… Licence No. …………………………………………………..
Issued at ………………………………………………………
Fee paid, ₦4 (or ₦8)
Licence is hereby granted to …………………………………………….. of …………………………………………………… who is the holder of a (state whether the licence is a resident non-Nigerian’s or visitor’s licence) licence issued at …………………………………………………………….. on the ……………….. day of ………………………….., 20 ………………………. , to hunt, kill one rhinoceros (and/or one eland) subject to be provisions of the Wild Animals Preservation Law.
FORM F—(continued)
This licence will expire on the date of the expiration of the (state nature of licence) licence abovementioned.
…………………………………………………………………….
(Signature of officer)
This licence does not authorise the hunting, killing or capturing of an immature rhinoceros or eland or a female rhinoceros or eland accompanied by her young.
SECOND SCHEDULE
GAME REGISTER
List of Protected Animals and Birds Killed or Captured
Name of holder ………………………………………………………………………………………………………………………….
Description and number of licence ……………………………………………………………………………………………….
Date of issue ……………………………………………………………………………………………………………………………..
Where issued …………………………………………………………………………………………………………………………….
| Date when obtained | Place where obtained | Species | Sex | Remarks |
I hereby certify that the above is a complete and correct record of all protected animals and protected birds killed or captured by me during the currency of the above-mentioned licence.
…………………………………………………………………….
(Signed)
THIRD SCHEDULE
Free Disposal Permit
Permission is hereby granted to ……………………………………………………………………………………………………
of ………………………………………………………………………….. to dispose freely of the following rhinoceros horn viz.—
…………………………………………………………………………………………………………….
(describe the ivory/rhinoceros horn)
Dated the ……………………. day of ………………………., 20 …………………
…………………………………………………………………….
(Signature of person granting the permit)
WILD ANIMALS PRESERVATION (TRAPS) REGULATIONS
[Regulations 78 of 1944. 19 of 1946. Section 43.]
- Making or use of trap prohibited
Any person who shall make, or shall expose, or offer for sale, or shall have in his control or possession or shall use any trap shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty naira or to imprisonment for a period not exceeding two months or to both such fine and imprisonment.
- Citation
These regulations may be cited as the Wild Animals Preservation (Traps) Regulations.
- Definition
In these regulations—
“trap” means any mechanical contrivance having jaws, such jaws having a space between them of more than four inches and such contrivance being designed, calculated or intended to be used or capable of being used to capture, injure or destroy any animal or bird.
