Chapter-2 Provisions concerning Transactions of Endangered wild fauna or flora or  specimen thereof

Chapter-2 Provisions concerning Transactions of Endangered wild fauna or flora or  specimen thereof
3. Prohibition on Trade or Transaction of Threatened or Vulnerable wild fauna
or flora or specimen thereof:

(1) No person shall purchase, sell, possess, use, plant, rear, captive breed, transport or import or export or cause to be done  so a threatened or vulnerable wild fauna or flora or a specimen thereof.
(2) Notwithstanding anything contained in sub-Section (1), a threatened or vulnerable wild fauna or flora or a specimen thereof may be purchased, sold, possessed, used, captive breaded, transported, imported
or exported for the purposes as fallows, having obtained a license pursuant to Section 6 and subject to the prescribed terms and conditions:-
a) To rear wild fauna;
b) To plant and rear plants;
c) To produce or purchase or sell within the country or outside the country wild fauna or flora or a specimen
thereof;
d) To use for the purpose of studies, researches, experiment, trainings, exhibitions, conservation
education, genetic resource conservation or for academic purposes.

4. License to be requested: Any person, organization or agency willing to carry  out any act referred to in sub-Section (2) of Section 3 shall have to request for a license from the Management Authority.

5. Advice to be required:

(1) In case of request for a license made pursuant to Section 4, the Management Authority shall ask for advice along with recommendation from the Scientific Authority.
(2) In case advice along with recommendation is sought pursuant to sub-Section (1), the Scientific Authority shall conduct study on the matter, and, if it is confident that the grant of such a license will not be
detrimental to the existence of the threatened or vulnerable species of wild fauna or flora in Nepal, it may make recommendation to the Management Authority to grant such a license.
(3) The procedures to be followed while making recommendation by the Scientific Authority pursuant to sub-Section (2) shall be as prescribed.

6. License may be granted: In case recommendation is received from the Scientific Authority pursuant to Section 5 and in case the Management Authority is satisfied that the following situation prevails, it may issue a
license to the person, organization or agency making the request as prescribed:-
a) In case such wild fauna or flora or a specimen thereof is in the ownership or control of the person,
organization or agency seeking a license, for the business other than those of import;
b) In case the such wild fauna or flora or a specimen thereof is found to have been acquired according to
the prevailing law by the person, organization or agency seeking a license for the business other than
those of import;
c) In case of submission of certificate of good health of such wild fauna or flora or a specimen thereof;
d) In case of living wild fauna, if there are appropriate and adequate provisions made for its transportation
and there are grounds to believe that no chances of sustaining any injury or wound or causing damage to
its health are there or it would not be treated in cruel manner;
e) In case a license or a letter of intent to issue a license is received from the authorized agency of the country
to which such wild fauna or flora or a specimen thereof is intended to export; or a license or a letter of
intent to issue a license for export is received from the authorized agency of the country from which such
wild fauna or flora or a specimen thereof is intended to import to Nepal;
f) In case it seems that such wild fauna or flora or a specimen thereof will be used only for the purpose for
which it is imported to Nepal and that it will not be used for commercial purpose;
g) In case a letter of assurance is received from the authorized agency of the country to which such wild
fauna or flora or a specimen thereof is intended to export to the effect that it will not be used for
commercial purpose.
(2) In order to be assured of the situation referred to in sub-Section (1), the Management Authority may seek for any original document or a copy thereof as may be necessary and, if it is so sought the concerned
person, organization or agency shall submit the documents accordingly.
(3) While granting a license pursuant to sub-Section (1), the Management Authority may specify necessary terms and conditions in the license as to the use, management, rearing, conservation, habitat, means of transportation or routes of such wild fauna or flora or a specimen thereof and it shall be the duty of the concerned person,
organization or agency obtaining a license to comply with such terms and conditions.
(4) The person, organization and agency obtaining the license shall use or cause to be used the wild fauna or flora or a specimen thereof only for the purpose for which a license has been granted.
(5) The license granted under this Section shall be valid only for the purpose of the person, organization and agency who has obtained it and it shall not be transferred to any other person, organization and
agency for use.
(6) In case a person, organization or agency obtaining the license commits any act in contravention of sub-Sections (3), (4) or (5), the Management Authority may revoke the license at any time having followed the procedures as prescribed.
(7) Matters concerning the period of validity a license, its renewal, applicable fees and revocation shall be as prescribed.

7. Threatened species of wild fauna or flora or specimen thereof to be deemed:
Notwithstanding anything contained elsewhere in this Act, the following wild fauna or flora or a specimen thereof produced by any person, organization and agency through ex-situ conservation as prescribed having
obtained a license pursuant to sub-Section (1) of Section 6 shall be deemed to be the threatened species of the wild fauna or flora or a specimen thereof:-
a) The first generation (F1 generation) produced from a threatened wild fauna or a specimen thereof used as
seed by way of captive breeding or a wild fauna or a specimen thereof produced thereafter having obtained
license for that purpose;
b) The flora or a specimen thereof propagated or produced through artificial propagation or production
from a threatened flora or a specimen thereof being used as seed according a license;
Provided that the wild fauna or flora or a specimen thereof used as seed for producing such wild fauna or flora according to license shall be deemed to be a threatened wild fauna or flora or a specimen thereof.

8. Transaction of protected wild fauna or flora may be made:

(1) A person, organization or agency willing to rear a protected wild fauna or to plant or raise a protected wild flora or to possess, use, produce, trade as a seeds, transport or export or import such a wild fauna or flora or a specimen thereof shall have to obtain a license.
(2) A person, organization or agency willing to obtain a license shall pursuant to sub-Section (1) submit an application to the Management Authority as prescribed.
(3) In case of submission of an application pursuant to sub-Section (2), the Management Authority may, in case it is confident of the following facts while carrying out inquiry and in consultation with the Scientific Authority, grant a license for any or all of the purposes referred to in sub-Section (1) as prescribed:-
a) In case such wild fauna or flora or a specimen thereof is found to be under the ownership of the person,
organization or agency requesting for the license, except the license for import;
b) In case such wild fauna or flora or a specimen thereof is found to have been acquired by the person,
organization or agency requesting for the license according to the law in force, except the license for
import;
c) In case there are adequate provisions made for transportation of living wild fauna and there are
reasons to believe that no wounds or injuries would be sustained or damage is caused or no cruel treatment
would be made to such fauna while carrying it.
(4) While granting a license pursuant to sub-Section (3), the Management Authority may prescribe conditions as may be necessary for the methods of keeping, using, feeding, planting and rearing or producing
such wild fauna or flora or a specimen thereof and for routes, means of transportation, habitat and for other necessary matter in order to carry out for trade in, transportation, or export or import of such wild fauna or
flora or a specimen thereof; and it shall be the duty of the concerned license-holder person, organization or agency to comply with such conditions.
(5) In case of non-compliance of the conditions referred to in sub- Section (4), the Management Authority may at any time revoke such a license.
(6) Other matters concerning the period of the license, renewal, revocation, fees, and other procedures thereof shall be as prescribed.

9. Certificate of Origin and Export Permission to be required: Notwithstanding anything contained in Section 8, while importing a specimen of any protected wild fauna or flora, the certificate of origin and export license of the country getting such species of wild fauna or flora included in Appendix -3 of the Convention shall be required.

10. Special Provision concerning re-export:

(1) No threatened wild fauna or flora or a specimen granting thereof once imported to Nepal shall be re- exported without a license for re-export under this Section.
(2) A person, organization or agency willing to re-export a threatened wild fauna or flora or a specimen thereof pursuant to sub- Section (1) shall have to submit an application to the management agency.
(3) In case of filing of an application pursuant to sub-Section (2) and in case the endangered wild fauna or flora or the specimen thereof intended to re-exports found to have been imported to Nepal under this Act or the law in force, the Management Authority may issue a license to re-export such a wild fauna or flora or the specimen thereof having
fulfilled the procedures referred to in Sections 6 or 8.

11. No Risks to Existence of Fauna or Flora:

(1) Notwithstanding anything contained in sections 6, 8 and 10, a license shall be granted only after
ensuring that the wild fauna or flora or specimen thereof shall be used only for the purpose for which the license has been granted and that it would not cause extinction or pose further threat or danger to the survival  of such wild fauna or flora.
(2) Once a license is granted under this Act to carry out transaction of a endangered wild fauna or flora or a specimen thereof, the Management Authority or the authority designated by it shall have to  conduct regular monitoring or surveillance as to how such a wild fauna or flora or a specimen thereof is being used by the person, organization or
agency so licensed.
(3) While carrying out monitoring or surveillance pursuant to sub- Section (2), in case the person, organization or agency being granted the license is found to have been using the threatened wild fauna or flora or a
specimen thereof in contravention to the terms and conditions of the license, the agency carrying out such monitoring or surveillance may at any time forfeit or take into custody such a wild fauna or flora or specimen thereof.
(4) In case the person obtaining the license has exported a endangered wild fauna or flora or a specimen thereof, the Management Authority or an agency designated by such as Authority shall, for the purpose of this Section have to maintain regular contact with authorized agency of the concerned foreign country.

12. To have become a state party to Convention: Notwithstanding anything contained elsewhere in this Chapter, a license shall be granted to export an endangered wild fauna or flora or a specimen thereof only to a state
that is a party to the Convention