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Birds and Fish Preservation Act

LAWS OF TONGA

1988 Ed.]

CHAPTER 125

BIRDS AND FISH PRESERVATION

ARRANGEMENT OF SECTIONS

SECTION

PART I. - PROTECTION OF BIRDS AND FISH

l. Short title.
2. Definitions.
3. Penalty for taking protected bird or fish.
4. Power to add to or vary the schedules.
5. Offences under Part I.

PART II. - PROTECTED AREAS

6. Protected areas.
7. Prohibitions within protected areas.

PART III. - GENERAL

8. Powers of police officers and fisheries officers.

First Schedule - Protected birds.

Second Schedule - Protected fish and turtle.

Third Schedule - Protected area.

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Acts Nos. 1 of 1915, 13 of 1916, 13 of 1934, 24 of 1974, 21 of 1988, 46 of 1988

AN ACT TO MAKE PROVISION FOR THE PRESERVATION OF WILD BIRDS
AND FISH

[20th November, 1915]

PART I. - PROTECTION OF BIRDS AND .FISH

Short title.

1. This Act may be cited as The Birds and Fish Preservation Act.

Definition.

2. In this Act -

"protected area" means any area comprising land, or water, or land and water, as is specified in the Third Schedule hereto; (Inserted by Act 24 of 1974.)

"protected bird" includes all such birds whether imported into or indigenous to the Kingdom and the eggs and progeny of any such birds as are mentioned in Schedule I hereto;

"protected fish" includes all such species of fish or turtle and the spawn and progeny of any such fish or turtle as are mentioned in Schedule II hereto.

Penalty for taking protected bird or fish.

3. Any person who shall wilfully kill, shoot, capture, take or destroy any protected bird or fish at any time within the period set. opposite their respective names in the said First and Second Schedules or shall use any means whatever within the said respective periods for the purpose of killing, shooting, capturing, taking or destroying any protected bird or fish shall be liable for every such offence to a penalty not exceeding $20 or in default of payment to imprisonment with hard labour for a period not exceeding 2 months:

Provided always that the Minister of Agriculture, Forests and Fisheries may at any time with the consent of the Cabinet permit any person to collect specimens subject to such conditions as he may impose of any or_. all protected birds or fishes. (Amended by Acts 24 of 1974, 21 of 1988 and 46 of 1988.)

Power to amend the Schedule.

4. The Prime Minister may by Order with the consent of the Privy Council amend the First or the Second Schedule. (Substituted by Act 21 of 1988.)

Offences under Part I.

5. If any person within the periods mentioned in the said First and Second Schedules shall catch or buy or sell or offer or expose for sale or knowingly have in his possession or under his control any protected bird or fish he shall be liable to a fine not exceeding $50 and in default of payment to imprisonment for a period not exceeding 6 months and the bird or fish, and any boat, net, spear - gun, gear and equipment used in connection with the catching of the bird or fish, may be forfeited to the Crown and shall be disposed of in such manner as the Prime Minister thinks fit. (Amended by Acts 24 of 1974 and 21 of 1988.)

PART II. - PROTECTED AREAS

Protected areas.

6. The area specified in the Third Schedule to this Act is hereby declared to be a protected area; and the Prime Minister may by Order with the consent of Privy Council amend the Third Schedule. (Amended by Act 21 of 1988.)

Prohibition within protected areas.

7. (1) No person may, within a protected area, and without the prior consent in writing of the Prime Minister -

(i) discharge or cause to be discharged into the protected area any effluent or noxious or toxic liquid or substance;

(ii) erect any harbour, wharf, pier, jetty or other building works, temporary or permanent;

(iii) cut, damage, remove or destroy any mangrove;

(iv) erect any fish-fence, or set any fish trap; or trawl for fish (including shellfish) or engage in fishing for commercial purposes;

(v) carry out any boring, drilling or dredging operations.

(2) Any person contravening the provisions of the last. preceding subsection shall be guilty of an offence and shall be liable on conviction for every such offence to a fine not exceeding $500 or to imprisonment for a period not exceeding 6 months, or to both such fine and imprisonment, and, in the case of convictions under paragraph (iv) of the immediately preceding subsection any boat, net, trap, trawl, gear and equipment used in connection with the offence may be forfeited to the Crown and shall be disposed of in such manner as the Prime Minister thinks fit. (Inserted by Act 24 of 1974 and Amended by Act 21 of 1988.)

PART III. - GENERAL

Power of police officers and fisheries officers.

8. (1) Whenever any police officer or fisheries officer (being a person duly authorised in writing by the Prime Minister to act as such) suspects upon reasonable grounds that any person has committed an offence against this Act, he may inspect and search any baggage, package, vessel or vehicle belonging to such person or in his possession or control, and if there is found as a consequence of such search any protected bird, or protected fish, or fish unlawfully taken from a protected area appearing to have been obtained in contravention of this Act, the same may be seized and taken before a Court. (Amended by Act 21 of 1988.)

(2) Any police officer may enter upon any land for the purpose of carrying out the provisions of this Act or for preventing or detecting offences thereunder. (Inserted by Act 24 of 1974.)

FIRST SCHEDULE - PROTECTED BIRDS

(Act No. 13 of 1934, G. 118/31, 29/33)

SECOND SCHEDULE - PROTECTED FISH AND TURTLE

(Replaced by Act 24 of 1974.)

THIRD SCHEDULE - PROTECTED AREA

(Inserted by Act 24 of 1974)

The following area is hereby declared to be a protected area:-

All and Whole the lagoon in Tongatapu known as Fanga'uta and Fanga Kakau, being the area lying to the South of a straight line drawn from Niutao to the Northmost point of Nukunuku Motu and including the Straits known as Holeva and all mangrove and foreshore.

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