North West Frontier Province Wildlife (Protection, Preservation, Conservation and Management) Act, 2006

NWFP Wildlife Law
 
An Act
 
WHEREAS it is expedient to consolidate the law relating to protection, preservation, conservation and management of wildlife in the North West Frontier Province, in the manner here-in-after appearing;
s
It is hereby enacted as follows:
 
Chapter 1
 
Preliminary
 

1. Short title, extent and commencement.-

• This Act may be called the North West Frontier Province Wildlife (Protection, Preservation, Conservation and Management) Act, 2006.
• It extends to the whole of the North- West Frontier Province.
• It shall come into force at once.
• Nothing here-in-after provided shall be deemed to authorize any person to hunt on any person’s private property without permission.

2. – In this Act, unless the context otherwise requires –

• “Act” means the North West Frontier Province Wildlife (Protection, Preservation, Conservation and Management) Act. 2006.
• “Alien Species” are species, which enter into an ‘Ecosystem’ and exert harmful influences over other members of the Ecosystem, where their presence is not desirable.
• “Animal” includes amphibians, reptiles, birds and mammals and their young, and also includes, in the cases of reptiles and birds, their eggs and nests.
• “Animal Articles” means an article made from any captive animal or wild animal, and includes an article or object in which the whole or any part of such animal has been used;
• “Appendix” means appendices to Convention on Biological Diversity (1992) (CBD), Convention on International Trade in Endangered Species of Wild flora and fauna (1973) and Convention on Migratory Species of Wild Animals (CMS).
• “Big Game Hunting License” means a license issued under this Act or the rules made there-under for shooting and trapping of game animals specified in part IV, V and VI of the first schedule
• “Big Game Shooting License” means a license issued under this Act or the rules made there-under for hunting of game animals specified in part IV, V and VI of the first schedule.
• “Biosphere Reserve” means an area declared as such under section 30 of the Act.
• “Biodiversity (Biological Diversity)” the variability among all living organisms from all sources including inter alia terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species, and ecosystems.
• “Board” means the North-West Frontier Province Wildlife Management Board, constituted under Section-5 of the Act.
• “Buffer Zone” means an area within or around a protected area, which may act as a transition zone between the core zone and multiple use zone of the protected area with respect to protection and utilization of natural resources therein.
• “CBD” means the Convention on Biological Diversity (1992) as ratified by the state of Pakistan, inclusive of its Articles as are amended by the Conference of Parties to the Convention in their meetings from time to time.
• “Certificate”, “License”, “Special License”, “Permit”, or “Special Permit” means respectively a certificate, a license, a special license, a permit or a special permit granted or issued under this Act;
• “CITES” means the Convention on International Trade in Endangered Species of Wild Flora and Fauna (1973) as ratified by the State of Pakistan, inclusive of its Appendices as are amended by the Conference of Parties to the Convention in their meetings from time to time.
• “CITES Management Authority” means the authority regulating trade under Convention on International Trade in Endangered Species of Wild flora and fauna (1973) outside Pakistan both for export and import of animals.
• “CMS” means the Convention on Migratory Species of Wild Animals (commonly known as Bonn Convention) 1983 as ratified by the State of Pakistan, inclusive of its Appendices as are amended by the Conference of Parties to the Convention in their meetings from time to time.
• “Community Managed Reserve” means an area declared as such under section 40 of the Act.
• “Conservancy” means an area declared as such under section 39 of the Act.
• “Core Zone” means that part of a protected area, where every biotic interference is strictly prohibited unless specifically permitted.
• “Cruelty to Animal” means an act directed towards an animal, which is against the natural instinct and behavior of the animal and has negative effect on the health of the animal. This may include overdriving, beating, mutilation, starvation, thirst, and overcrowding or otherwise ill treatment to the animal.  
• “Dealer”, when used in relation to wild animals, trophies or meat, shall mean any person who, in the course of trade or business carried on by him whether on his own behalf or on behalf of any person.
• • sells, purchases or barters any wild animal, its meat or trophy.
  • cuts, carves, polishes, preserves, cleans, or otherwise prepares any such wild animals trophy or meat or manufactures any articles there from;

• “Exotic” refers to a species, both floral and faunal, which does not occur in an area naturally and is introduced or intended to be introduced from outside of its natural occurrence.
• “Forest Biodiversity Reserve” means an area of Reserve Forest, with reference to NWFP Forest Ordinance 2002, declared as such under section 32.
• “Game Animal” means a wild animal specified in the First Schedule of the Act.
• “Game Reserve” means any area declared as such under section 33 of the Act.
• “Genetically Modified Organisms (GMOs)” are the organisms, created as a result of Genetic Engineering.
• “Government” means the Government of the North West Frontier Province;
• “Hunt” means any act directed immediately to the killing or capturing of a wild animal and shall include taking the nest or egg of a wild animal;
• “Habitat” means natural environment including biotic and abiotic factors essential for free survival of an animal.
• “Indigenous” refers to a wildlife species native to a specified area, a country or a region but not introduced.
• “Invasive Species” are the species introduced in a habitat where they outgrow the native species, and may reach a level where they could become a weed or a pest.
• “Meat” means the flesh, fat, blood or any eatable part of wild animal, whether fresh or preserved;
• “Multiple Use Zone” means an area within or adjoining a protected area devoted primarily to human use and managed to facilitate maintenance of a broader landscape hospitable to wild species.
• “National Natural Heritage Site” means an area, declared as such under section 31 of the Act.
• “National Park” means an area declared as such under section 29 of the Act;
• “Offence” means an act punishable under this Act or rules made there-under;
• “Officer” means any person appointed as such under section 4 of the Act.
• “Product” means animal article, meat, trophy and any other derivatives of wildlife species;
• “Protected Area” means area declared as such under sections 26,27,28,29,30,31,32,33 and 34 of the Act;
• “Prescribed” means prescribed by the Act and the rules made there under;
• “Private Game Reserve” means an area declared as such under section 38 of the Act;
• “Protected Animal” means a wild animal specified in the Third Schedule;
• “Province” means the North West Frontier Province;
• “Reserve Forest” means all forests existing as such on the commencement of the NWFP Forest Ordinance 2002 and any other forest declared as Reserve Forest under section 20 of the ordinance.
• “Rules” means rules made under this Act;
• “Schedule” means Schedules appended to this Act;
• “Section” means a section of this Act;
• “Site of Special Scientific Interest” means an area declared as such under section 15A of the Act.
• “Small Game Hunting License” means a license issued under this Act or the rules made there-under for shooting and trapping of game animals specified in part I, II, III, V and VI of the first schedule.
• “Small Game Shooting License” means a license issued under this Act or the rules made there-under for shooting of game animals specified in part I, II III, V and VI of the first schedule.
• “Sustainable Use” means the use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.
• “Trophy” means any dead body or any horn, antler, tooth, tusk, bone, claw, hoof, skin, hair, feather, egg-shell or other durable part of a wild animal whether or not included in a manufactured or processed article; rugs, skins, and specimens of such animals mounted in whole or in part through a process of taxidermy.
• “Wildlife” includes wild animals along with their habitat including plants, soil, water, organic resourceÿÿand inveÿÿebrates.
• “Wildn nimal” means wild birds or animals specified in the schedules to this Act.
• “Wildlife Force” means the Force declared as such under sub section 2 of section 4 of this Act, and includes the entire wildlife establishment except the ministerial staff.
• “Wildlife Park” means an area declared as such under section 43 of the Act.
• “Wildlife Refuge” means an area declared as such under section 28 of the Act.
• “Wildlife Sanctuary” means the area declared as such under section 26 of the Act.
• “Zoological Garden” or “Zoo” means a place to keep / house wild animals of indigenous and exotic species to provide recreation / education to the general public, research and to breed locally extinct, endangered / threatened wildlife species for their propagation.

3. Guiding Principles

 
The guiding principles of this Act are:
 

• protection, preservation, conservation, management and sustainable development of wildlife as key component of biological diversity with due recognition of their social, economic and ecological significance for the present and future generations;
• promotion of social, economic, and ecological well being of local communities in conformity with the concerns of international community;
• conformation of role and obligations of government and concession, rights and obligations of local communities;
• consolidation and updating of wildlife laws with a view to enact a comprehensive law, which adopts modern concepts in consonance with the existing environmental laws of Pakistan;
• strengthen the administration of the organization to effectively manage wildlife species and their habitats;
• appropriately secure the goods and services produced from wildlife species and their habitats at the level of local communities and the province while continually improving the productivity of wildlife habitats;
• fulfill the obligations envisaged under the biodiversity related Multilateral Environmental Agreements ratified by the Government of Pakistan;
• promotion of public awareness for proper appreciation of the environmental significance and socio-economic values of wildlife.
• conservation of biological diversity and realization of its intrinsic and extrinsic values through sustainable use and community participation.
• empowerment of community, community based organization and non governmental organization for conservation of biological diversity and their participation in its management for sustainable utilization.

 
 
 
 
 
 
 
 
Chapter 2
 
Organization
 

4. Wildlife Department

• Government shall, for the purpose of this Act, establish an organization, headed by Chief Conservator of Wildlife, and appoint such other officers as may be required on such terms and conditions as it may determine.
• The officers appointed under sub section (1) above shall be deemed to be a Wildlife Force, and shall exercise such powers as are vested in other civil law enforcing agencies for enforcement of this Act, and shall enjoy such immunity as is enjoyed by other civil law enforcing agencies.
• Government may, for the purposes of this Act, appoint honorary officers, on such terms and conditions as may be determined and with such powers as may be prescribed.
• The members of the wildlife force shall wear such uniform as may be prescribed
• The members of the wildlife force shall be equipped with such arms and ammunition, vehicles, vessels, tools, equipment and communication system as may be deemed appropriate by the government.
• Government may establish a Wildlife Development Fund for the purposes of this Act and to be managed in a manner as may be prescribed. The sources of this fund inter alia shall include the sum received as donation from public and private sector, local and foreign donors, the duties and cess levied on the harvesting of resources in the wildlife habitat.

5. Wildlife Management Board

• As soon as may be, after the commencement of this Act, Government shall establish a Board to be called the North West Frontier Province Wildlife Management Board. The Board shall perform the functions specified in section 6 and such other functions as the Government may from time to time assign to it.
• The Board shall consist of:

i). a Chairman; and
ii). such number of members as may be appointed by Govt. Or Such number of members and with such criterion as may be prescribed?

• Chief Minister of the Province shall be the Chairman of the Board.
• A member shall, unless he/she sooner resigns or is removed by Government, hold office for such term as may be prescribed.
• Head of the Wildlife Organization shall be the Secretary of the Board.
• The meeting of the Board shall be held at such times and at such places and in accordance with such procedure as may be prescribed.

6. The Board shall

• Advise Government on policy decisions relating to protection, preservation, conservation, and management of wildlife in the Province.
• Scrutinize the development schemes relating to wildlife management in the Province referred to it by Government; and
• Review the progress of development activities in the field of wildlife protection, preservation, conservation and management in the Province.

 
Chapter 3
 
Hunting of Wildlife
 

7. No person shall:

• hunt any wild animal by means of a set gun, drop spear, deadfall, gun trap, explosive projectile, bomb, grenade, baited hook, net, snare or any other trap, an automatic weapon, or a weapon of a caliber used by the Pakistan Army or Police Force or by means of a projectile containing any drug or chemical substance, likely to anaesthetize, paralyze, stupefy or render incapable an animal whether partly or totally;

• hunt any protected animal;

• hunt any game animal except under a permit and in accordance with the provisions of this Act and the rules made there under.

 
Provided that no person shall hunt any game animal other than birds or hares with a shot-gun or with non-magnum rifle of .22 calibers or less;
 

• Use, or have in possession any net, snare, hood, bhagwa, or like devices for the purpose of hunting a game animal.
• Use or have in possession any device capable of electrocuting any animal or electrifying any part of its habitat including water bodies, roosting and nesting places.
• Use or have in possession any poison for killing any animal or poisoning part of any territorial or aquatic habitat.
• Use vehicle of any type to pursue any game animal, or to drive or stampede game animal for any purpose whatsoever;
• Shoot any game animal from any conveyance or from within two hundred meters of the conveyance;
• Hunt with the help of decoys or call birds except in the case of waterfowl, cranes, falcons and quails mentioned in schedule I of the Act;
• Hunt with the help of playback recorded calls;
• Construct or use, for the purpose of hunting any wild animal, any pitfall, game pit, trench or similar excavation, any fence or enclosure, or use bhagwa or any other similar contrivance.
• hunt by hiding near a water hole except in the case of waterfowl;
• hunt near a salt lick;
• hunt before sunrise except in case of waterfowl;
• hunt after sunset except in case of live catching of cranes and quails;

Provided that it shall not be an offence to use:
 

• a motor vehicle or aircraft to drive any wild animal away from an aerodrome or airstrip when such action is necessary to ensure the safety of aircraft using that aerodrome;
• any one or more of the aforesaid prohibited methods if the officer authorized in this behalf grants, at his discretion, a license with permission to employ such method;

8. No person shall use hawk for hawking or use dogs for coursing, pointing and retrieving the game animals except under a permit issued under the Act;

 
Chapter 4
 
Possession of Wildlife
 
 

9. Any wild animal which is found dead or dying or which has been killed, caught or acquired otherwise than in accordance with the provisions of this Act and any meat or animal article or product or trophy thereof shall be the property of Government. The person in possession of such a property shall be bound to handover the possession of such property to the officer authorized under this Act.

10. No person shall be in possession of any wild animal, dead or alive, trophy or meat thereof unless he is in possession of a valid Certificate of Lawful Possession granted in respect thereof by the officer authorized in this behalf.

• An officer specifically authorized in this behalf may issue, at his discretion, a certificate of lawful possession for the unlawfully acquired wild animals, meat or trophy after realizing value of property and compensation under section 47 of this Act.
• Provided that any person importing any wild animal, trophy or meat of wild animal in accordance with the provisions of this Act, or acquiring such animal, trophy or meat in accordance with the terms of a permit issued under this Act, shall obtain such certificate by applying to the authorized officer within thirty days from the date of importing or acquiring the animal, trophy or meat.

• The officer authorized in this behalf may mark and register the wild animal, trophy or meat in respect of which a certificate of Lawful Possession is issued, in the prescribed manner, or he may seize, pending the taking of legal action under this Act, any such animal, trophy or meat which in his opinion has not been legally imported or acquired.
• No person shall counterfeit, change or in any way interfere with any mark or registration of wild animal, trophy or meat for which a Certificate of Lawful Possession has been issued or alter or in any way change a Certificate of Lawful Possession.

12. The Government may regulate possession of wild animals, their trophies, products and derivatives of species protected under the wildlife laws in Punjab, Sindh, Balochistan, Islamabad Capital Territory, Northern Areas, and Azad Jammu and Kashmi, as may be prescribed.

13. The officers authorized under section 4 of this Act shall also be empowered to exercise the powers of officers under “The Prevention of Cruelty to Animals Act, 1890 (Act No. XI of 1890)” in so far as it relates to wild animals.

14. No person shall transfer by gift, sale or otherwise to any other person any animal, trophy or meat of a kind specified in Section 10 unless he be in possession of a valid Certificate of Lawful Possession in respect thereof, and such certificate is endorsed with details of the transaction and given to the transferee at the time of the transfer.

15. No person shall receive by gift, purchase or otherwise any animal, trophy or meat of a kind specified in Section 10 unless he receives at the same time a valid Certificate of Lawful Possession in respect thereof.

16. Every person in possession of any wild animal shall produce his Certificate of Lawful Possession on demand made by any officer or any other person authorized by Government in this behalf.

 
 
Chapter 5
 
Trade and Traffic of Wildlife
 

• No person shall import or attempt to import into the Province any wild animal of an indigenous or exotic species, or any trophy, meat or derivative thereof, except under an import permit granted under this Act and if such import be from outside Pakistan except through a customs post of entry and subject to any other national and/or international laws and regulations relating to control on imports for the time being in force.

• No person shall export or attempt to export out of the Province any wild animal of an indigenous or exotic species, or any trophy, meat or derivative thereof, except under an export permit granted under this Act, and if such export be to any country outside Pakistan except through a customs post of exit and subject to any other national and/or international laws and regulations relating to control on export for the time being in force.

• Nothing in this section shall apply to any animal, trophy, meat or derivative in transit through the Province if such animal, trophy, meat or derivative, is:

• accompanied by necessary transit customs documents;
• entered through a customs post of entry and is scheduled to a customs post of exit; and
• not unloaded from the conveyance on which it is being carried or, in the case of rail or air transport, it does not leave the precincts of the railway station or airport at which it is landed or trans-shipped or does not remain there for more than forty-eight hours.

 
Provided that a no objection certificate or certificate of import / export from Convention on International Trade in Endangered Species of Wild flora and fauna (1973) (CITES) Management Authority shall be required for import and export under sub sections 17 (1) and (2).
 
 

• No person shall, as a profession, trade or business, buy, sell or otherwise deal in wild animals, trophies, meat or derivatives thereof or process or manufacture goods or articles from such trophies or meat, unless he is in possession of a valid license, here-in-after called a dealer’s license, to do so, issued by an officer authorized in this behalf.
• The officer authorized under sub-section (1) may, on realization of such fees as may be prescribed, grant a dealer’s license for the purposes of sub section (1) above as per specification of the license
• For the purpose of assessment of fees, dealers may be divided into different classes and a different fee may be prescribed for each class.
• The holder of the dealer’s license shall maintain such register or record of his dealings in such manner as may be prescribed, and shall produce them for inspection at any reasonable time when called upon to do so.

19. The Government may further prohibit, or regulate the import, export, possession and trade, of wild fauna and flora, their parts, products and derivatives as contained in various appendices to Convention on International Trade in Endangered Species of Flora and Fauna (CITES) and Convention on Migratory Species of Wild Animals (CMS).
20. The Government may prohibit or regulate entry into the Province and release in the wild of any alien species of fauna and flora and genetically modified organisms.
21. No person shall release into the wild any exotic, alien or diseased species of flora and fauna in the Province.
22. No person shall release into the wild any wild animal unless permitted and in a manner as deemed appropriate by an officer authorized in this behalf.
23. The Government may take measures to control invasive species of flora and fauna to improve the indigenous flora, fauna and habitat.
24. The Government may regulate transport of wild animal as may be prescribed.

 
(1) The Government or an officer authorized in this behalf may permit and notify the establishment of a wildlife check post and erection of barrier at any place as deemed appropriate so as to have a check, whether or not an offence under this Act has been committed.
 
(2) Every person crossing wildlife check post whether on foot or in a vehicle or by any other means of transport shall be liable to stop by the check post, and offer himself and his belongings for checking by the check post staff to their satisfaction.
 
Chapter 6
 
Protected Areas
 

• Government may, by notification in the official Gazette, declare any area that is the property of Government or over which Government has proprietary rights to be Wildlife Sanctuary and may demarcate it in such manner as may be prescribed.
• The Wildlife Sanctuary shall be set aside as undisturbed breeding ground for the protection of wildlife and access therein for public shall, except in accordance with the rules, be prohibited and no exploitation of forest therein shall be allowed except for reducing fire-hazards, epidemic or insect attacks or other natural calamities.
• No person shall:
• enter or reside,
• cultivate any land,
• damage or destroy any vegetation,
• hunt, kill or capture any wild animal or fire any gun or other fire-arm within one km of the boundaries.
• introduce any exotic species of flora or fauna,
• introduce any domestic animal or allow it to stray.
• cause any fire, or pollute water

in a wildlife sanctuary.
 
Provided that Government may, for scientific purposes and betterment of the sanctuary authorize the doing of the aforementioned acts, on a specific request by the Chief Conservator wildlife.
 

27. With a view to protect species of flora and fauna or habitat or landscape having special scientific importance, the Government may, by notification in the official gazette, declare any area to be a Site of Special Scientific Interest, wherein, every act deemed against the scientific interest of the site should be prohibited.

28. Chief Conservator Wildlife may by notification in the official gazette declare any area as Wildlife Refuge where hunting of all wild animals shall be prohibited. The refuge shall be managed in a manner as may be prescribed.

 
(1) With a view to the protection and preservation of scenery, flora, fauna, geological     features of special significance and biological   diversity in the natural state, Government may, by notification in the official Gazette, declare any area to be a National Park and may demarcate it in such a manner as may be prescribed.

• A national park shall be accessible to public for recreation; education and research subject to such restrictions as Government may impose.
• Provision for access roads to and construction of rest houses, hostels and other buildings in the national park along with amenities for public may be so made, as not to impair the object of the establishment of the national park.
• Any facility provided under sub sections (2) and (3) above shall be in conformity of the recommendations of the Environmental Impact Assessment or Initial Environmental Examination.
• The following acts shall be prohibited in a national park:
• Hunting, shooting, trapping, killing or capturing of any wild animal.
• carrying of arms, pet animals, livestock, firing any gun or doing any other act which may  disturb any wild animal or doing any act which interferes with the serenity and tranquility of the park and breeding places of wild animals;
• logging, felling, tapping, burning or in any way damaging or destroying, taking, collecting or removing any plant or tree;
• grazing of livestock;
• fishing;
• clearing or breaking up any land for cultivation; mining or quarrying of stones for any other purpose;
• polluting or poisoning water flowing in and through the national park;
• littering and dumping of waste;
• writing, in scripting, carving, disfiguring, defacing, painting, chalking, advertising,
• use of vehicular transport except on recognized roads and routes;
• blowing of pressure horns within one kilometer radius of the park boundary.

The Government may however for scientific purpose or betterment of the national park or for providing incentives/concessions to the communities for participatory management authorize doing of the afore mentioned acts provided that a written request is made by the Chief Conservator wildlife justifying the need for such an action and it does not impair the objective of establishment of the park.
 

30. The government may, by notification in the official gazette, declare any area to be a Biosphere Reserve, comprising of a Core zone, a Buffer zone and Multiple- use zone.

31. With a view to protect natural physical and biological formations or groups of such formations, which are of outstanding national or global value from the aesthetic or scientific point of view; the Government may declare any area to be the National Natural Heritage Site.

32. All the Reserved Forests, unless otherwise declared, shall be deemed to be Forest Biodiversity Reserves and shall be managed for in-situ conservation of biological diversity where elements of biological diversity shall be utilized sustainably as may be prescribed under a management plan.

 
(1) The Chief Conservator Wildlife may declare any area to be a Game Reserve, where hunting of wild animals shall not be allowed, except under a special permit, which may specify the number of animals to be hunted, method of hunting, the area and duration for which such permit shall be valid.
 
(2) The officer authorized in this behalf may take measures in a game reserve to manage the habitat and/or halt its degradation as deemed appropriate.
 

34. Government may by notification in the official gazette, designate and declare any area, which qualifies for the implementation of any biodiversity related Multilateral Environmental Agreements to which the Government of Pakistan is signatory, as a protected area with appropriate nomenclature and manage in a manner as may be prescribed.

35. Where Government is satisfied that designation of an area is suitable for achieving one or more of the objectives of this Act, it may declare such area with an appropriate nomenclature and prescribe its management through a notification in the official gazette.

36. Government may by notification in the official Gazette, de-notify a protected area or declare any alteration in the boundaries of a protected area declared under this Act.

 
Provided that Wildlife Sanctuary, National Park and Site of Special Scientific Interest shall neither be de-notified nor curtailed in size except with the prior consent of the Wildlife Management Board.
 

37. No person shall damage, alter, counterfeit, deface or displace boundaries of a protected area, enclosures, transects, government infra structures, visitors facilities, water bodies or any such other structure or facility created for the management of wildlife or protected areas.

 
 
Chapter 7
 
Community Participation in Wildlife Management
 
 

(1) Government may authorize the formation of community representative organization/s in a protected area as co-management partner/s for the management of biological diversity and may give recognition, with the conditions as may be prescribed, to the byelaws, collective funds, rules of business and functions of such community representative organization/s under the Act.
(2) Any benefit accrued from the commercial sustainable use of elements of biodiversity in a protected area shall be shared equitably among the community and the government as may be prescribed.
(3) The Government or any officer authorized in this behalf may accord legal status to the by-laws of community representative organization/s for the management of natural resources and biodiversity in their jurisdiction.
 

• Where Chief Conservator Wildlife is satisfied that an area of private land has been dedicated by its owner(s) for the purposes similar to a game reserve, it may, by notification in the official Gazette, and on the application of the owner(s) of the area declare such area to be a private game reserve.
• Hunting and shooting of wild animals, in a private game reserve, shall not be allowed except under a permit, issued by the officer authorized in this behalf upon concurrence of the owner(s).
• The government may empower the owner of a private game reserve to exercise within the limits of his private game reserve any or all of the powers, exercisable by an officer under this Act.
• Government may, by notification in the official Gazettes, at any time, declare that any private game reserve shall cease to be a private game reserve.

(1) The Government may declare any landscape, which supports or has the potential to support significant biodiversity for sustainable multiple use management, including biodiversity conservation, collaboratively by the local communities and Government, as a “Conservancy”. A conservancy may include one or more community managed reserves and accommodates all such uses that enhance biodiversity conservation.

• Government may establish a Conservancy Management Authority for each conservancy as co-management partner for the management of biological diversity and integrated resource management in the conservancy, which shall comprise of the representatives of the communities, select civil society organizations and relevant government departments and may be assigned such roles, functions and financial management system as deemed fit.
• Conservancy Management Authority shall regulate the use of biological diversity in the conservancy such as to fix harvest quota, appropriate sites for use, impose ban, prescribe measures for rehabilitation, enforce customary laws & penalties, receive compensation for the unauthorized loss of the resources, prosecute breaches of various acts; and may appoint such persons for this purpose on the terms as deemed appropriate by the authority, and with such powers as may be prescribed by the government.

41. Where Chief Conservator Wildlife is satisfied that an area of community land has been dedicated by its beneficiaries for the purposes similar to a conservancy, it may, by notification in the official Gazette, and on the application of the beneficiaries of the area declare such area to be a Community Managed Reserve.

42. here the Government is satisfied that an area of land owned by the government can be effectively managed for biodiversity conservation and sustainable use of natural resources including wildlife, collaboratively by the local communities and the Government, it may declare such area to be Community Managed Reserve and prescribe its management as deemed appropriate.

43. Government may rest community representatives with the powers of a wildlife officer under the Act within confines of a Community Managed Reserve.

 
 
Chapter 8
 
Ex-situ Conservation of Wildlife
 
 

44. Government may declare and enclose any area, primarily of natural habitat, for propagation of wildlife species under natural/semi natural conditions, conservation awareness, research and recreation, as a Wildlife Park, which shall be managed in a manner as may be prescribed.

45. • The Chief Conservator Wildlife, may register on prescribed fee, and regulate the establishment and operation of a breeding facility of wild animal, a zoological garden, a display centre or any other similar facility, with wh0atever nomenclature known, in public and private sector, as may be prescribed.
    • Every owner/operator of an existing facility, mentioned in sub-section (1) above shall get the facility registered within six months of coming into force of this Act.

46. The Chief Conservator Wildlife may regulate transport and trade between various zoos, register wildlife farms, and release in the wild or harvest after release of the captive bred wild animal as may be prescribed.

Chapter 9
 
Powers to Government and Officers
 
 

47. Any officer or any other person authorized by Government in this behalf, may search any person, premises, vessel, vehicle, animal, packages, receptacle or covering, without warrant, so as to satisfy himself whether or not an offence under this Act has been committed and arrest the offender without warrant.

48. The person arrested under section 47 above shall be produced to the nearest police station within 24 hours for further proceedings under the Law.

49. Any officer or any person authorized by Government in this behalf, may

• seize and confiscate any wild animal, dead or alive, which has been acquired otherwise than in accordance with the provisions of this Act.
• seize any fire-arm, net, trap, snare, bow, arrow or any vehicle or vessel or anything what-so-ever used or suspected to have been used in the commission of an offence under this Act.

Not-with-standing any other provision of this Act, the officer or any other person authorized in this behalf may,
 

• sell or dispose off or set free in the wild any wild animal seized or confiscated under section 49; and may, subject to the determination of the rights thereto and deal with the proceeds in such manner as may be prescribed.
• dispose off the property seized under section 49, which is liable to confiscation, as may be prescribed.

51. Every officer or any other person authorized by Government in this behalf shall be competent to prevent by all lawful means the commission of any offence under this Act.

1) Government may, by notification in the official Gazette, empower an officer:

• to accept from any person against whom reasonable suspicion exists that he has committed an offence under this Act, a sum of money by way of compensation for such offence;
• to release the property, which has been seized as liable to confiscation, on receipt of the value thereof, as estimated by an officer authorized in this behalf,
• On the receipt of compensation or such value of property or both under sub-section (1), as the case may be, the suspected person if in custody, shall be discharged and the property, if any, seized shall be released and no further proceedings shall be taken against such person or property.
• The sum of money accepted as compensation under clause (a) of sub-section (1) shall in no case exceed the sum of fifty thousand rupees.
• The officer authorized in this behalf may give as reward a portion of the amount realized as compensation and value of property under sub section 3 above to the person or persons who helped in detection, registration and/or disposal of offence case. Such reward shall not exceed 1/4^th of the amount so realized.

53. Government may invest Sub-Divisional Forest Officer Wildlife or any other person authorized in this behalf with all or any of the following powers:

• the powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects;
• the power to issue a search warrant under the Code of Criminal Procedure, 1898 (Act V of 1898);
• the power to hold an inquiry in to offence under this Act and in the course of such inquiry to receive and record evidence;
• the power to prosecute a case before a court;
• the power to try an offence summarily .

54. Government may, by notification in the official Gazette, delegate all or any of the powers conferred upon it under the provisions of this Act to any officer subordinate to it.

55. Not-with-standing anything contained in this Act, Government may, upon request by the officer authorized in this behalf, allow, by notification in the official Gazette, killing and capturing of such wild animals in such places and by such means as may be specified in the notification, in the interest of any scientific or public purpose.

56. The Chief Conservator Wildlife may by notification in the official Gazette, in respect to any specified area:

• add to or exclude from the Schedules any wild animals, subject to such conditions as it may impose in each case;
• fix or alter the period during which any wild animal may be hunted;
• open or close any area to hunting; and
• revise the fee for various types of licenses/permits prescribed under this Act or the Management Plan.

57. 1) Government may make rules for the purposes of carrying into effect the provisions of this Act.

2)   In particular and without prejudice to the generality of the foregoing powers, such rules may provide for –

• the powers and duties of the officers and other persons specially authorized to perform functions under this Act;
• the form in which, the terms and conditions on which, a license, special license, a permit or special permit may be granted;
• the fees to be charged for any license, special license, a permit or special permit;
• in the case of any species of wild animals, the number and the sex that may be killed under a license, special license, a permit or special permit;
• reward to persons who render help in detection of offences under this Act;
• the authorities by whom, the conditions on which, and the manner in which licenses may be issued; and
• the management of wildlife sanctuaries, sites of special scientific interest, wildlife refuges, national parks, biosphere reserves, national natural heritage sites, forest biodiversity reserves, game reserves, private game reserves, conservancies, community managed reserves, wildlife parks, captive breeding facilities, and such other areas.

 
Chapter 10
Trial of Wildlife Offences
 

58. Every coupe purchaser or lessee of forest, non-timber forest produce, fish, wildlife, mines; Lambardar, Canal Patwari, Public Works Department Daroga, Chowkidar, Dafadar, Village watchman, Abdar, Zilladar, Revenue Patwari, Qannungo, Tehsildar or any other government employee shall, in the absence of reasonable excuse, be bound to give to any officer or any other person authorized by the Government in this behalf, information in respect of any snaring, trapping, netting, unauthorized killing, or any other offence under this Act committed within the limits of his jurisdiction, as soon as the commission of such offence comes to his knowledge.

59. When the offender is not known or cannot be found any officer authorized in this behalf may, if he finds that an offence has been committed, confiscate the property used in the commission of the offence.

60. Abetment of any offence under this Act or the rules made there under shall be punishable as the offence.

61. No person shall interfere or attempt to interfere in the performance of any functions or in the discharge of any duty under this Act and the rules made thereunder.

62. Any Court except on the complaint of the officer or any person authorized by Government in this behalf shall not take cognizance of any offence under this Act.

63. No court inferior to that of a Civil Judge or Judicial Magistrate First Class shall take cognizance of and try an offence under this Act.

64. The District and Session Judge, Senior Civil Judge or any Civil Judge specially empowered in this behalf by Government may try summarily any offence punishable under this Act.

 
(1) Notwithstanding any other provision of this Act, it shall not be an offence if:
 

• any person kills any wild animal by any means in the immediate defense of his own life or that of any other person;

(b) the owner of livestock or his employee kills any wild animal, that is doing material damage to his livestock, by means not prohibited under this Act, within a reasonable distance where that livestock is grazing or where it is enclosed for the night.
 
Provided that clause (b) shall not apply to any livestock unlawfully grazing, herded or unguarded.  

• The killing under sub-section (1) of wild animals shall be reported to the nearest office established for the purposes of this Act with the least possible delay.

• The meat or trophy of any wild animal killed under subsection (1) shall be the property of Government and shall be disposed off as directed by the officer authorized in this behalf.

• Government may compensate the loss of life and property caused by wild animals in a manner as may be prescribed.

66. When any proceedings taken under this Act or in consequence of anything done under this Act, a question arises as to whether any animal, trophy, meat or derivative is the property of the government, such animal, trophy, meat or derivative, shall be presumed to be the property of Government, until the contrary is proved.

67. Nothing contained in this Act shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence under this Act or from being liable under any other law to any higher punishment or penalty than that provided by this Act.

68. The officers or persons authorized under any provisions of this Act to do a certain thing or act in certain manner shall be deemed to be public servants within the meaning of the Pakistan Penal Code (Act XLV of 1860).

69. No suit, prosecution or other legal proceedings shall lie in any court against any officer empowered under this act, for anything done or intended to be done in good faith in pursuance of any provision of this Act or the rules made there under.

70. Every police officer and members of other law enforcing agencies shall, upon request made by any officer or person empowered under this Act, assist him in the due discharge of his duties under this Act.

 
Chapter 11
Penalties and Punishments
 

71. Whoever contravenes or attempts to contravene the provisions of this act shall be punished as provided in the Fifth Schedule of the Act.

1). Whoever, having already been convicted of an offence under section 71 is again convicted there-under, shall, on every subsequent conviction, be punished with imprisonment which shall not be less than three months, or with fine which shall not be less than five thousand rupees or both, and his fire-arm, vehicle, appliance or anything used in the commission of the offence and his license, permit or special permit, issued under this act, shall be confiscated and he shall not be eligible to such license, permit, or a special permit, as the case may be, for a period of two years.
2). The property confiscated under sub-section (1) above shall become the property of the organization authorized for implementation of this act, and may be disposed off by the organization in a manner as may be prescribed.
 
 
 
 
 
Chapter 12
 
Repeals and Savings
 

(1) The following enactments are hereby repealed:
 

• The Wild Birds and Animals Protection Act, 1912 (Act NO.VIII of 1912).
• The West Pakistan Wildlife Protection Ordinance, 1959 (W. P. Ord. NO. LVI of 1959);
• The North West Frontier Province Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1975 (N.W.F.P. Ord NO. V of 1975);
• NWFP Wildlife (Protection, Preservation, Conservation and Management) Act, 1975 (N.W.F.P ACT NO. V OF 1975).

 
(2) Not-with-standing the repeal of the enactments mentioned in sub-section (1), everything done, action taken, obligation, liability, penalty or punishment incurred, inquiry or proceedings commenced, officer appointed or person authorized, jurisdiction or power conferred, rule made and license or order issued under the provisions of the said enactments or rules made there-under shall continue in force, and so far as may be, be deemed to have been respectively done, taken, incurred, commenced, appointed, authorized, conferred, made or issued under this Act and any enactment or document referring to any of the said provisions shall, as far as may be, construed to refer to this Act or the corresponding provision thereof.
 
SCHEDULES
FIRST SCHEDULE
 
[See section 2 (d), (t), 22 (2) and 42 (ii)]
 
ANIMALS WHICH SHALL BE HUNTED ONLY UNDER THE TERMS OF A SMALL GAME/BIG GAME HUNTING LICENSE/PERMIT
 
PART I
 
(Animals which may be hunted on a Small Game Shooting License)
 

 
Phasianidae and Turnicidae: Francolins, Partridges and Quails

 
Sturnidae Mynas
Psittacidae Parrots
Rose ringed parakeet——-
.
Lepus: i.e Hares
Cape Hare: Lepus capensis:
Indian Hare: Lepus niqricollis:
Arabian Hare: Lepus arabicus:
 

PART II

 
Animals for hunting of which a special permit shall be required in addition to the Small Game Shooting License to be issued by the officer authorized in this behalf.
 

PART III

 
Animals which can be live caught only under a special trapping permit to be granted by an officer authorized in this behalf, in addition to the Small Game Shooting License.
 
Common quail Coturnix coturnix
Rain quail or Black breasted quail Coturnix
Common Crane Grus grus
Demoiselle Crane Anthropoides virgo
See-see partridge Ammoperdix griseogularis
Chukar partridge Alectoris chukar
Grey partridge Francolinus pondicerianus
Black partridge Francolinus francolinus
Mynas (Family: Sturnidae, Genus: Sturnus)
Parrots Alexandrine Parakeet Psittacula eupatria, Rose ringed Parakeet Psittacula krameri, Blossom headed Parakeet Psittacula cyanocephala.
House sparrows Passer domesticus
Doves (Family: Columbidae, Genus: Columba)
Pigeons (Family: Columbidae, Genus: Columba)
Buntings(Family: Columbidae, Genus: Columba)
Munias
Finches
Thrushes
Larks
Bulbuls

PART IV

 
Animals for hunting of which a special permit shall be required in addition to the Big Game Shooting License to be issued by the officer authorized in this behalf.
 

PART V

 
Animals which are usually considered as vermin can be hunted under the provisions of a No Objection Certificate to be issued by the officer authorized in this behalf, in addition to a Small Game Shooting License or Big Game Hunting License or a trapping permit as the case may be;
 
Wild boar Sus scrofa
Jackal Canis aureus
Porcupine Hystrix hystrix
Fulvous Fruit bat Rousettus leschenaultii
House Crows Corvus splendens
 

PART VI

 
Animals not mentioned in any of the foregoing parts of this schedule or the schedule of protected animals (Third Schedule) shall be hunted, killed or captured only under the provisions of a No Objection Certificate, to be granted by an officer authorized in this behalf, in addition to a Small Game Hunting License, Big Game Hunting License or a trapping permit, as the case may be.
 
 

SECOND SCHEDULE

 
See Section 11
 
Animals, trophies or Meat, for the possession, transfer or export of which a Certificate of Lawful Possession is required:
 

1. Any live Wild Animals
2. Trophy of any Wild Animal

THIRD SCHEDULE

 
See section 2(44), 7(2) and—-
 
Protected Animals, i.e. Animals, which shall not be hunted.
 

1. All game animals when immature i.e. not fully grown,

2. All female game animals when:

• Pregnant;
• In a condition that indicates that they are suckling or feeding young;
• Accompanied by their immature offspring.

3. All females of following species:
   • Grey Goral Naemorhedus goral
   • Markhor (all races) Capra falconeri
   • Ibex or Himalayan Ibex Capra ibex

4. All individuals of the following species, genera, families of birds;

• All members of the family ARDEIDAE; i.e. all Herons. Paddy birds, Egrets or Bitterns
• All members of the family CICONIDAE; i.e. all pelicans
• All members of the family THRESKIORNIDAE; i.e. all Ibis’ and Spoonbills
• All members of the family PHOENICOPTERIDAE; i.e. all flamingos
• All members of the genus Cygnuse. all Swans
• All members of the genus Ansere. all geese

5. The following species of Ducks, Moorhens, Lapwings and Snipes;

• Marbled Teal Maramaronetta angu/stirostris
• Lesser Whistling teal Dendrocygna javanica
• Large Whistling teal Dendrocygna bicolor.
• Falcated Teal Anas falcata
• Pink-headed Duck Rhodonessa caryphllancea
• Cotton Teal Nettapus coromandelianus
• White-headed Duck or Stiff-tailed Duck Oxyura leucocephala
• Nukhta or Comb Duck Sarkidiornis melanotos
• Ruddy Shelduck or Brahminy Duck Tadorna ferruqinea
• Common Shelduck Tadorna tadorna
• Red-crested Pochard Metta refina
• Greater Scaup Aythya marila
• Long tailed Duck or Old Squaw Clanqula hyemalis
• Golden eye Duck Bucephala clangula
• Smew Mergus albellus
• Goosander Mergus merqanser
• Red breasted merganser Mergus serrator
• Purple Moorhen Porphyrio porphyrio
• Red wattled Lapwing Hoplopterus indicus
• Yellow wattled Lapwing Hoplopterus malabaricus
• Pintail Snipes Gallinago stenurs
• Jack Snipe Caplla minima
• Great Snipe Caplla media
• Painted Snipe Rostratula bengalensis

6. The following species of parrots- Parrots Alexandrine Parakeet Psittacula eupatria, Rose ringed Parakeet Psittacula krameri, Blossom headed Parakeet Psittacula cyanocephala.
7. All Members of the family ACCIPITRIDAEe. all Hawks, Vultures, Kites, Buzzards, Hawk-Eagles, Eagles, Harriers and Ospreys.

8. All Members of the family FALCONIDAEe., all Falcons

9. All Members of the family PHASIANIDAE e. Monal Pheasant Lophophorus impejanus; Western Horned Tragopan Pheasant Tragopan melanocephalus; Cheer Pheasant Catreus wallichii; Kalij Pheasant Lophura leucomelana; Snow partridge Lerwa lerwa.

10. All Members of the GENUS HELIOPAIS e. all Finfoots

11. All Members of the family OTIDAE; e. all Bustards
    • ?Woodcock Scolopax rusticola?
    • ? Pin-tailed Sandgrouse Pterocles alchata?

12. All members of the GENUS DUCULA; i.e. all imperial Pigeons.
13. All members of the GENUS Treron i.e. all green Pigeons
14. All members of the GENUS Sturnus i.e. all Starlings
15. Individuals of the followings species, genera or families of mammals;

5. All individuals of the following species, genera or families of mammals;

 
Common Langur Presbytis entellus
Pangolin Manis crassicaudate
Blandford’s Fox Vulpes cana
Wild dog Cuon aplinus
Black Bear Ursus thibetanus
Brown Bear Ursus arctos
Yellow-Throated Marten Martes flavigula
Marbled Polecat Vormela peregusna
Ratel Mellivora capensis
Comon Otter Lutra lutra
Smooth coated Otter Lutrogale perspicillata
Large Indian Civet Viverra ibetha
Small Indian Civet Viverricula indica
Common Palm Civet or Toddy Cat Paradoxurus hemaphroditus
Himalayan Palm Civet or Masked Civet Paguma larvata
Binturong Arctitis binturong
Pallas’s Cat Felis manul
Caracal Felis caracal
Lynx Felis lynx
Leopard Cat Prionailurus bengalensis
Fishing Cat Prionailurus viverrianus
Sand Cat Felis margarita
Leopard Panthera pardus
Snow Leopard Uncia uncia
Hoary-bellied Flying Squirrel Callosciurus phygerythrus
Musk Deer Moschus chrysogaster
Muntjac or Barking Deer Muntiacus muntjak
Hog Deer Axis porcinus
Chinkara or Indian Gazelle Gazella bennetti bennetti
Straight- horned Markhor Capra falconeri jerdoni
Marco Polo’s sheep Ovis ammon polii
Punjab Urial Ovis vignei punjabniensis
River Dolphin Platanista gangetica minor
 

6. All individuals of the following species, genera or families of reptiles;

 
Marsh Crocodile Crocodilus palustris
 
All snakes of genus Python; i.e. all pythons
 
All lizards of the genus Varanus; i.e. all Monitor Lizards
 
FOURT Second SCHEDULE
 
Schedule of wild birds and animals for which a game license or a certificate of lawful possession is not required are not protected
 
(See Section 2(v)
 
 

 
 
FOURTH SCHEDULE
 
 
 

 
 
Family: Sturnidae
Brahminy Starling or Myna; Sturnus pagodarum
Common Starling; Sturnus vulgaris
Rose colored or rosy Starling; Sturnus roseus
Indian or Common Myna; Acridotheres tristis
Bank Myna; Acridotheres ginginianus
Jungle Myna; Acridotheres fuscus
 
Family Passeridae
House Sparrow; Passer domesticus
Spanish or willow Sparrow; Passer hispaniolensis
Sind Jungle Sparrow; Passer pyrrhonotus
Cinnamon Tree Sparrow; Passer rutilans
Eurasian Tree Sparrow; Passer montanus
Yellow Throated Sparrow; Petronia xanthocollis
Streaked Rock Sparrow; Petronia petronia
 
Family: Estrildidae
Red Munia or Avadavat; Estrida amandava
White throated Munia; Eodice malabarica
Spotted Munia; Lonchura punctulata
Gold fronted Finch; Serinus pusillus
Red browed Finch; Callacanthis burtoni
Himalayan Green Finch; Carduelis spinoides
Eurasian Goldfinch; Carduelis carduelis
Plain or Hodgsons Mountain Finch; Leucosticte nemoricola
Brandts Mountain Finch; Leucosticte brandii
Black-billed Desert Finch; Rhodospiza obsolete
Mongolian Finch; Bucanetes mongolicus
Trumpeter Finch; Bucanetes githagineus
Common Rose Finch; Carpodacus erythrnus
Pink browed Rose Finch; Carpodacus rhodochrous
White browed Rose Finch; Carpodacus thura
Himalayan Rose Finch; Carpodacus grandis
Great Rose Finch; Carpodacus rubicilla
Red breasted Rose Finch; Carpodacus puniceus
Orange Bullfinch Pyrrhula aurantiaca
Hawfinch Coccothraustes coccothraustes
Pine Bunting Emberiza leucocephalos
White capped Bunting Emberiza stewarti
Rock Bunting Emberiza cia
House Bunting Emberiza striolata
Grey necked Bunting Emberiza buchanani
Grey headed Emberiza fucata
Reed Bunting Emberiza schoeniculus
Red headed Bunting Emberiza bruniceps
Crested Bunting Melophus lathami
 
Family Turdidae:Chats, Redstarts, Robins, Wheaters and Thrushes
Rock Thrush Monticola saxatilis
Blue Headed or Blue-capped  Rock Thrush Monticola cinclorhyncha
Blue Rock Thrush Monticola solitarius
Blue Whistling Thrush Myiophoneus caeruleus
Dark Thraoted Thrush Turdus ruficollis atrogularis
Mistle Thrush Turdus viscivorus
White-throated Laughing Thrush Garrulax albogularis
Variegated laughing-thrush Garrulax variegatus
Streaked Laughing Thrush Garrulax lincatus
 
Family Columbidae : Pigeons and Doves
Rock Pigeons or Dove Columbia livia
Hill Pigeon or Eastern Rock Dove Columbia rupestris
Snow Pigeon Columbia leuconota
Eastern or Yellow-eyed Stockdove Columbia eversmanni
Indian Ring Dove Streptopelia decaocta
Red Collard Dove or Turtle Dove Streptopelia traquebarica
Laughing Dove or Little brown Dove Streptopelia senegalensis
Eastern Rufous or Oriental Turtle Dove Streptopelia orientalis
Spotted or Chinese Dove Streptopelia chinensis
 
Family Alaudidae: Larks
Singing Bushlark Mirafra cantillans

• Author Details

Naeem Javid Muhammad Hassani

Naeem Javid Muhammad Hassani is working as Conservator of Forests in Balochistan Forest & Wildlife Department (BFWD). He is the CEO of Tech Urdu (techurdu.net) Forestrypedia (forestrypedia.com), All Pak Notifications (allpaknotifications.com), Essayspedia, etc & their YouTube Channels). He is an Environmentalist, Blogger, YouTuber, Developer & Vlogger.

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