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ACT 43

An ACT to consolidate and amend the law relating to wild animals, birds and fish and to continue the observance of the Convention signed at London on the nineteenth day of May, 1900.

DATE OF ASSENT: 22nd March 1961

BE IT ENACTED BY the president and the National assembly in this Present parliament as follows:-

Appointment of honorary Game officers No. 10 of   1952, 5.2.Permit for Collection of Specimens. No.2 of 1901, s.5
1.  The Minister, may from time to time appoint honorary GameOfficers by name or as holding an office to carry out all or any of the purposes of this act, or to do anything required by this to be done by a Game Officer.
  2.

 Notwithstanding any regulations made under paragraphs (d), (e), (f), (g), and (1) of section eleven of this act the Minister may, by permit under his hand, allow the collection of specimens of animals referred to in such regulation for museums or zoological gardens or for any other scientific purpose.

Power to vary Schedules.No. v2 of 1901, s.6. No. 21Of 1915, s.5. No. 30 of 1935, s.2. 3. The President may, by legislative instrument remove the nameany animal from any of the schedules to this Act or declare that the name of any species, variety, or sex of animal, whether beast or bird, not mentioned in any schedule, shall be added to a particular schedule, or that the name of any species or variety of animal mentioned or included in one schedule shall be transfered to another schedule and may apply such legislative instrument to the whole of Ghana or any Region, or any area of  the Region.Provided always that a legislative instrument made under the provisions of this section shall be laid before the National  Assembly.
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Restrictions of exports andImports of trophies. No. 2s. 4. 4. (1)  No person shall export or attempt to export from Ghana of any trophy unless he has been granted a certificate by a1901, s.7. No. 3 of 1939,superior police officer not below the rank of AssistantSuperintendent permitting the export of the same.
  (2)

 The certificate shall not be issued unless the Superior Police Officer is satisfied that the trophy has been lawfully imported, or otherwise lawfully obtained.

  (3)  no person shall import into Ghana except on production of a certificate of lawful export, any trophy which has been exported from any territory which the Minister has notified in the Gazette as being a territory to which the terms of the International Convention for the Protection of Fauna and Flora made at London on the 8th day of November 1933 applies.
  (4)  The import or export of any trophy except at places where there is a customs station is prohibited.
  (5)

 Any person contravening any of the provisions of this section commits an offence and shall be liable on summary convictions to a fine of one hundred pounds or to imprisonment for six months and any trophy imported or being exported in contravention of the provisions of subsections (2), (3), and (4) of this section shall be forfeited.

 

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Making of trophies. No. 2 of 1901, s.8. No. 3 of 1939,s.4. 5. (1) Every trophy consisting of ivory exported in accordance with the provision of section four of this act shall be identified by marks which, together with  the weight of the trophy, shall be recorded in the ex- port certificate
  (2)

 Every other trophy shall, if possible be similarly marked and recorded but shall in any event be described in the export certificate so as to identify it with as much certainty as possible.

  6. (1)

No person shall use any motor vehicle or aircraft (including aircraft lighter than air) for the purpose of hunting, killing or capturing animals or in such manner as to drive, stampede or disturb them for any purpose whatsoever, including that filming or photographing:

Provided that nothing in this section contained shall affect the right of any occupier in respect of land occupied by him to use motor vehicles or aircraft for the purpose of driving away, capturing or destroying animals found on such land. In any case where such ejection, capture or destruction is not prohibited under any other provision of this Act.

  (2)

 any person contravening the provision of this section

commits an offence and, shall be liable on summary conviction to a fine not exceeding one hundred pounds or a term of imprisonment not exceeding six months or both such fine and imprisonment.

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Surrounding animals by fires Prohibited No. 2 of 1901, s. 10. No.3 odf 1939, s. 4 7. (1)  It shall be unlawful to surround animals by fire for the purpose of hunting.
  (2)

 Any person contravening the provision of this section commits an offence and shall be liable to on summary conviction to a fine of one hundred pounds or imprisonment for six months or both such fine and imprisonment.

Power to arrest without Warrant, No. 10 of 1952 s. 4  8.  A Game Officer may arrest without warrant any person whom he reasonably suspects to have been concerned in any offence punishable under this Act, if such person refuses to give his name or address or give a name or address which the game officer reasonably believes to be false, or if the game officer has reason to believe that such person will abscond:

Provided that any person so arrested shall be taken before a District Magistrate or to the nearest police station without unnecessary delay.
Indemnity for acts done in Good faith. No. 10 of 1952s.4 9.  No action shall lie against any public officer in respect of any act done by him in good faith in the execution intended execution of his duties or powers under this this act.
Government trophies  10.

 Trophies of animals shot by a Game Officer in the Execution of his duties shall be the property of the Government.

Regulations No. 2 of 1901,s. 3, No. 3 of 1939, s.3. No.23 of 1926,s.2. No. 21 of 1915, s.2 , 11. The President may by legislative instrument make regulations for the administration of this Act and in particular for the:
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(a) 

establishment of close seasons with the view to facilitate the rearing of young animals;

    (b)  applications of measures to prevent the transmission of contagious diseases from domestic to wild animals;
    (c)  destruction of the eggs of crocodiles, poisonous snakes and pythons;
    (d)  prohibition of the hunting and destruction of the animals mentioned in the First Schedule to this Act and also of any other animals whose protection, whether owing to their rarity or threatened extermination, may be considered necessary;
    (e)  prohibition of the hunting and destruction of young animals of the species mentioned in the second schedule of this Act;
    (f)  prohibition of the hunting and destruction of the species mentioned in the Third Schedule to this Act, when accompanied by their young;
    (g)  prohibition, to a certain extent, of the destruction of females, when they can be recognized as such, with the exception of those of the species mentioned in the Fifth Schedule to this Act;
    (h)  prohibition of the hunting and destruction, except in limited number, over a limited area and for a limited period of time, of animals of the species mentioned in the Fourth Schedule to this Act;
    (i)  prohibition of the hunting of wild animals by any persons except holders of licenses issued by the competent government authority on such terms as shall by the regulations be prescribed;
   

(j) 

restrictions or prohibitions of the use of nets, pits or enclosure, gins, traps or snares or of set guns and missiles containing explosives for hunting animals;

   

(k) 

application of measures for effecting the sufficient reduction of the numbers of the animals of the species mentioned in the Fifth schedule to this act;

    (l)  establishment of reserves within which it shall be unlawful to hunt, capture, or killing any bird or other wild animal except those which shall specifically exempted from protection. 
    (m)  Imposition of export duties on and the prohibition of the sale or exportation of any trophy;
    (n)  Prohibition of hunting or killing young elephants and the confiscation of all elephant tusks weighing less than twenty-five pounds;
    (o)  The protection and preservation of reserves and of the animals therein;
    (p)  Prohibition of the use of dazzling lights flares, poison or poisoned weapons for hunting animals;
    (q)  Protection of eggs of such birds as may be specified in the regulations made under this section;
    (r)  The imposition of penalties not exceeding one hundred pounds or imprisonment with or without hard labour not exceeding six months or both for the breach of any regulation made in pursuance of this section.
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Interpretation. No.2 of 1901, s.2.3 of 1939,s.2. 12. in this Act, unless the context otherwise requires “animals” or “species” means all vertebrates and invertebrates (including non-edible fish) their eggs, eggshells and plumage;

 “Game Officer” means an officer of the Game Branch of the Division Of Forestry or a person appointed under the provisions under section one of this Act;

“Minister” means the Minister responsible for Forestry and Game;

“trophy” means any animal, dead or alive, mentioned in any of the Schedules or anything being part of, or produced from; any such animal when dead and the eggs, eggshells, nests or plumage of any bird mentioned therein but shall not include any trophy or part of a trophy which by a process of bona fide manufacture has lost its original identity.

  13. The Wild Animals Preservation Ordinance (Cap. 246) And The Wild Animals Preservation (Amendment) Ordinance, 1952 (No.10) are hereby repealed.
     
SCHEDULES

FIRST SCHEDULE

(Section 3 and 11)

GENERA COMPLETELY PROTECTED

     
  Series A – Birds
No. 21 of 1915,s. 3 of 1916. No.32of 1929. No.9 of 1954 1. Birds used in the plumage trade, not specifically mentioned in another schedule.
No.13 of 1956,s.2. No.3 Of 1959, s.8. 2. Egrets
  3. Marabouts
  4. Owls
  5. Oxpeckers(Buphagus)
  6. Secretary Bird
  7. Crested or Crowned cranes
  8. Whale headed stork or shoe bill
  9. Bald head ibis
  10. White breasted guinea fowl
  11. Bare headed rock fowl(Picathartsgymnocephalus)
     
  Series B- Mammals
  1. Chimpanzee-PAN
  2. Colobid monkeys-COLOBUS PROCOLOBUS
  3. Aardvaark-ORYCTEROPUS
  4. Senegal Hartebeest-DAMALISCUS
  5. Elephant-LOXODONTA-with tusk below a total weight of 5 kilograms
  6. Hippopotamus-HIPPOPOTAMUS
  7. Water chevrotain-HYMOSCHUS
  8. Manatee-TRICHECHUS
     

SECOND SCHEDULE

SECTION 11 (e)

GENERA OF WHICH THE YOUG ARE SPECIFICALLY PROTECTED

No. 21 of 1915, s.3. No. 9Of 1943. No.3 of 1939, s.7. Genera of which theyoung are specifically Protected 1. All Bovoid Ungulates specifically mentioned in Schedule 1 and in addition Antelopes, Gazelles, Duikers, Buck and Buffalo.
  2. All Pholidont Pangolins of the genus MANIS (=UROMA-NIS PHATAGIANUS)
  3. All Cercopithecoid Monkeys with the exception of the Baboon – PAPIO
     
THIRD SCHEDULE

GENRA OF WHICH FEMALES ACCOMPANIED BY

YOUNG ARE PROTECTED

(Section 11(f)

No. 21 of 1915, s.3. No.9Of 1934.    
Genera of females  1. Elephant - LOXODONTA
Accompanied by young are 2. All Bovoid Ungulates as in Schedule 2 subsection 1
Protected 3. All Pangolins as in Schedule 2 subsection 2
   4.

All Cercopithecoid Monkeys with the exception of the Baboon – PAPIO as in Schedule 2 subsection 3.

     

FOURTH SECHEDULE

(Section 11 (h))

GENERA OF WHICH A LIMITED NUMBER MAY BE KILLED

No. 21 of 1915, s.3. No.9 Of 1943. No. 13 of 1936, s.3 

   
Genera of which only a limited number may be killed. 1. Carnivore:
  (a) Ratel Or Honey Badger – Mellivora
  (b) Clawless Otter – AONYX
  (c)  Lynx – CARAGAL
  (d) Servral Cat – LEPTAILURUS
  (e) Golden Cat – PROFELIS
  (f) Jackal – THOS
  (g) Cheetah – ACINONYX (=CYNAELURUS)
  2. Primates:
  (a) Lorisiformes of genera
    (i) GALAGIODES GALACO – Bush Babies
    (ii) PERODICTICUS – Potto
  (b) Monkeys of the genera
    (i) CERCOPITHECUS – Diana, Spot Nosed Mona, Green etc
    (ii) Erthrocebus – Pata
    (iii) CERCOCEBUS - Mangabey 
  3. Philidonta – Pangolins of the genus Manis (-UROMANIS PHANTAGINUS)
  4. Glives:
  (a) Lagomorpha of the genus LEPUS – Togo Hare
  (b) Rodents of the genera
    (i) ANOMALURUS – Flying Sqirrel
    (ii) HYSTRIX – Crested Porcupine
    (iii) ATHERURA – Bush Tailed Porcupine
  5. Ungulata:
  (a) Paeungulata
    (i)

PROCAVLA DENDROHYRAX – Tree Bear

    Hyrax  
    (ii) LOXODONTA – elephant in which the tusks exceed 5 kilograms in weight.
  (b) Paraxonia – Suiformes
    (i) PHACOCOERUS – War Hog
    (ii) POTAMOCHOERUS – Bush Pig
    (iii) HYLOCHOERUS – Forest Hog
  (c) Paraxonia – Ruminantia – Bovoidea
    (i) STREPSICEROS (= TRAGELAPHUS) Bush Buck
    (ii) TAUROTRAGUS
    (iii) SYNCERUS –Bush Cow or Buffalo
    (iv) CEPHALOPHUS – Black, Bay Red Flank Duikers etc
    (v) SYLVICAPRA – Crowned Duiker
    (vi) PHILATOMBA – Maxwell Duiker
    (vii) REDUNCA – (=CERUCAPRA) Reedbuck
    (viii) HIPPOTRAGUS –Roan Antelope
    (ix) ALCEPHALUS – (=BUBALIS) Hartebeeste
    (x) KOBUS – Waterbuck
    (xi) ADENOTA – Kob
    (xii) OUREBIA – Oribi
    (xiii) NEOTRAGUS – Royal Antelope
    (xiv) GAZELLA – Gazelle
       

FIFTH SCHEDULE

(Section 11 (g) and (k)

GENERA AS TO WHICH MEASURES MAY BE TAKEN TO REDUCE THE NUMBER

No.13 of 1916 No. 32 of 1929    
Genera as to which Measures may be taken to Reduce the numbers.    
  1. Rodents
  2. Lions
  3. Leopards
  4. Poisonous Snake
  5. Pythons (Python Sebae)
  6. Crocodiles
  7. Hunting Dogs (Lycaon)
  8. Any other animal whose numbers rise to a level sufficient to threaten agriculture or to constitute a danger to the human population, may be reduced in numbers at the discretion of the Game Warden.

 

 
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