s.16Listing procedure
16
Section 16Part 4 — CONSERVATION OF WILDLIFE

Listing procedure

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Subject to the following provisions of this section, the Council, with the approval of Cabinet, may make by order such modifications to Schedule 1 as it considers necessary or desirable for any of the following purposes —
in the case of Part 1, to list —
all endangered or threatened species listed for the time being in Annex I or II to SPAW or Appendix I or II to the Migratory Species Convention whose range includes the Islands; and
all other species which, having regard to the considerations in subsection (4), require protection under this Law at all times; and
in the case of Part 2, to list species which, having regard to the considerations in subsection (4), require protection under this Law other than for such limited hunting or collecting of specimens as may be permitted by regulations or a conservation plan.
Any person or organisation, at any time, may petition the Council to add a species to or delete a species from Schedule 1 or to list a species in a different Part of Schedule 1.
A petition under subsection (2) shall be in such form and contain such information as the Council may specify.
In determining whether any species should be listed in Schedule 1, the Council shall have regard to all material considerations including —
whether, on the best available information, the species appear to be in danger of extinction throughout part or all of its range and unlikely to survive as a result of the continuation of factors jeopardising that species;
whether, on the best available information, the species —
appear to be likely to become endangered in the foreseeable future if the factors causing its numerical decline or the degradation of its habitat continue to operate; or
appear to be rare and either potentially or actually subject to decline and possible endangerment and extinction;
whether the species —
is of ecological significance;
is of biogeographic significance;
is of scientific significance;
is of national or regional significance;
has potential for nature tourism;
is endemic to the Islands;
is of recreational significance;
is of cultural significance;
is of educational significance;
is of aesthetic value; or
is of economic value; and
whether the species has been identified as requiring protection or other conservation measures by any competent intergovernmental or international agency or organisation or by any other country in the Wider Caribbean Region.
If the Council determines that a candidate species should be protected under this Law, the Council, with the approval of Cabinet, shall list the species in the appropriate Part of Schedule 1.
If the Council determines that a species should be deleted from Schedule 1 or listed in a different Part of Schedule 1, the Council shall —
publish notice of the proposal, with a summary of the reasons for it, in at least two issues of a public newspaper circulating in the Islands in each of two consecutive weeks; and
take into account any representations made within fourteen days of the date of the latest notice referred to in paragraph (a), or such longer period as may be stated in the notice, before deciding whether a directive removing the species from Schedule 1 or listing the species in a different Part of Schedule 1 should be made.
If the Council determines not to accept the recommendation of a petition under subsection (2), it shall give written notice of its reasons to the person or organisation submitting the petition.
No order shall be made under subsection (1) deleting a species from Schedule 1 unless —
the Council certifies in writing that a significant reason exists to justify the order;
if the species is listed in Annex I or II to SPAW or Appendix I or II to the Migratory Species Convention, that the species has been de-listed in accordance with SPAW or the Convention as the case may be; and
the Council, having regard to the criteria in subsection (4) and all other material considerations, is satisfied that the order is reasonable.
Until such time as an order is made under this section the Council may, on the advice of the Director, make such interim directives as may be urgently required for the immediate protection of the relevant species, including the prohibition of hunting or collecting of specimens and disturbance of its critical habitat.
The Council shall report the making of an interim directive under subsection (9) to the Cabinet and the directive shall cease to have effect on the making of the order or at such earlier time as the Council or the Cabinet may direct.

Defined Terms

endangered speciesthreatened speciesprotected speciescritical habitat

Cross References

Referenced By