The Wild Life (Protection) International Trade Of Specimens Rules, 2023

 

[21st December 2023]

In exercise of the powers conferred by clauses (jiii) and (jiv) of sub-section (1) of Section 63 of the Wild Life (Protection) Act, 1972 (53 of 1972), the Central Government hereby makes the following rules to provide for international trade of specimens, namely:-

Rule - 1. Short title and commencement

(1)     These rules may be called the Wild Life (Protection) International Trade of Specimens Rules, 2023

(2)     They shall come into force on the date of their publication in the Official Gazette;

Rule - 2. Definition

(1)     In these rules, unless the context otherwise requires,-

(a)      "Act" means the Wild Life (Protection) Act, 1972 (53 of 1972);

(b)      "Appendix" means Appendix specified under Schedule IV appended to the Act;

(c)      "Form" means form annexed to these rules;

(2)     The words and expressions used and not defined in these Rules but defined in the Act shall have the meanings respectively assigned to them in the Act.

Rule - 3. Application for trade of specimens

(1)     Every person engaging in trade of any specimen of species shall make an application electronically to the Management Authority in Form-I for permit or certificate for trade.

(2)     Every application made under sub-rule (1) shall be accompanied with a fees of one thousand rupees paid through electronic mode to the Management Authority.

Rule - 4. Procedure of export of specimen

(1)     Every application for export of any specimen of species shall be accompanied with-

(a)      a legal procurement certificate issued by an officer of the Forest Department not below the rank of Deputy Conservator of Forests having jurisdiction over the area in Form II;

(b)      a copy of licence issued under section 49 N;

(c)      a copy of the licence issued by the Chief Wild Life Warden under Chapter III A of the Act;

(d)      a copy of the certificate of registration issued by CITES Secretariat for captive breeding or artificial propagation for Scheduled Specimen of species listed in Appendix I;

(e)      an import permit granted by the Management Authority of the country of destination in case of specimen of species listed in Appendix I of Schedule IV.

(2)     On receipt of the application under sub-rule (1) of rule 3, the Management Authority shall, within a period of fifteen days, forward the application to the Scientific Authority for advice in case of a specimen of a species listed in Appendices I or II of Schedule IV, where non-detriment finding studies have not been carried out, to the effect that the export will not be detrimental to the survival of that species.

(3)     The Scientific Authority, upon receipt of such request, shall within a period of thirty days forward its advice to the Management Authority if it is satisfied that the export will not be detrimental to the survival of that species.

(4)     The Management Authority, within a period of fifteen days on receipt of advice from the Scientific Authority under sub-rule (3) or within a period of fifteen days from the receipt of the application under sub-rule (1) of rule 3 in case of a specimen of a species listed in Appendix III of Schedule IV, consider the application and satisfy itself that, -

(a)      the application is accompanied with requisite documents specified in sub-rule (1) and the fee specified in sub-rule (2) of Rule 3;

(b)      the resolutions of the Convention are complied with; and

(c)      the provisions of the Act and rules made thereunder have been complied with.

(5)     The Management Authority on being satisfied under sub-rule (4) shall grant an export permit or certificate of origin in case the specimen of the species listed in Appendix III of the Convention by Countries other than India in Form III:

Provided that the export permit or certificate of origin in respect of a specimen of species shall not be granted for export to a country which has not adopted the convention.

(6)     Every permit or certificate of origin for export of specimen of species shall be valid for a period of six months from the date of its issue.

Rule - 5. Procedure of import of specimen

(1)     Every application for import of any specimen of species shall be accompanied with-

(a)      an export permit or a re-export certificate from the Management Authority concerned, of the country of export in case of any specimen of a species included in Appendix I of Schedule IV; and

(b)      an undertaking specified in Form IV to the effect that such specimen of a species shall not be considered for commercial purposes.

(2)     On receipt of the application under sub-rule (1), the Management Authority shall, within a period of fifteen days, forward the application to the Scientific Authority for their advice in the case of a specimen of a species listed in Appendix I of Schedule IV to the effect that the import will not be detrimental to the survival of that species and the proposed recipient of a living specimen is suitably equipped to house and care for it.

(3)     The Scientific Authority, on receipt of such application shall, within a period of thirty days, forward its advice to the Management Authority if it is satisfied that the import will not be detrimental to the survival of that species and the proposed recipient of a living specimen is suitably equipped to house and care for it.

(4)     The Management Authority shall, within a period of fifteen days on receipt of advice from the Scientific Authority under sub-rule (3) grant an import permit in Form III, after considering the following conditions, namely:-

(a)      the application is accompanied with requisite documents as per sub-rule (1) and the fee as per sub-rule (2) of Rule 3;

(b)      the resolutions of the Convention are complied with; and

(c)      the provisions of the Act and rules made thereunder have been duly complied with.

(5)     Every permit for import of specimen of species shall be valid for a period of twelve months from the date of its issue.

Rule - 6. Procedure of re-export of specimen

(1)     Every application for re-export of any specimen of species shall be accompanied with-

(a)      a legal procurement certificate issued by an officer of the Forest Department not below the rank of Deputy Conservator of Forests having jurisdiction over the area and in case of confiscated specimens by an officer of not below the rank of Deputy Conservator of Forests in the department in Form II;

(b)      an import permit granted under sub-rule (4) of Rule 5 in the case of a specimen of a species listed in Appendix I of Schedule IV.

(2)     The Management Authority shall, within a period of fifteen days from the receipt of the application specified in sub-rule (1) of rule 3, grant re-export certificate to the applicant in Form III, if -

(a)      the application is accompanied with

(i)       requisite documents as per sub-rule (1) and the fee as per sub-rule (2) of Rule 3

(ii)      an import permit granted by the Management Authority of the country of destination in case of specimen of species listed in Appendix I of Schedule IV

(b)      the resolutions of the Convention are complied with; and

(c)      the provisions of the Act and rules made thereunder have been duly complied with.

(3)     Every permit for re-export of specimen of species shall be valid for a period of six months from the date of its issue.

Rule - 7. Procedure for introduction from the sea of any specimen of species

(1)     Any person intending to introduce any specimen of species included in Appendix I of Schedule IV in India shall make an application electronically to the management Authority for permission to do so.

(2)     Every application for introduction from the sea of any specimen of species shall be accompanied with an undertaking in Form IV to the effect that such specimen of a species shall not be used for commercial purposes.

(3)     On receipt of the application in Form I, the Management Authority shall within a period of fifteen days, seek advice of Scientific Authority to the effect that the introduction from the sea will not be detrimental to the survival of the species.

(4)     The Scientific Authority, on receipt of such request, shall within a period of thirty days, if it is satisfied forward its advice to the Management Authority.

(5)     The Management Authority shall, within a period of fifteen days from the receipt of the application, grant certificate of introduction from the sea in Form III, after considering the following conditions, namely:-

(a)      the application is accompanied with requisite documents as per sub-rule (1) and the fee under sub-rule (2) of Rule 3;

(b)      the resolutions of the Convention are complied with; and

(c)      the provisions of the Act and rules made thereunder have been duly complied with.

(6)     Every certificate of introduction from sea of specimen of species shall be valid for a period of six months from the date of its issue.

Rule - 8. Reporting of details of Scheduled Specimen and transaction thereof

Every person engaging in trade of specimen of species listed in Schedule IV shall report the details of the scheduled specimen and the trade to the Management Authority in Form V within thirty days of such trade.

Rule - 9. Special provision relating to certain species

(1)     The validity of permit in case of export or reexport of specimens of timber species with annotation Logs, sawn wood and veneer sheets may be extended for a further period of six months if the shipment has arrived in the port of final destination before the date of expiration of the permit and is being held in Customs bond.

(2)     Any person seeking extension for validity of a permit under sub-rule (1) shall apply to the management Authority in Form VI accompanied with a fees of five hundred rupees.

(3)     The Management Authority, on receipt of application under sub-rule (2), may extend its validity for a further period of six months in Form VII, if no previous extension has been granted.

Rule - 10. Cancellation of permit/certificate

(1)     The Management Authority, may cancel a permit or certificate if it has reason to believe that -

(a)      the specimen concerned may be used for commercial purposes or the proposed recipient of a living specimen is not suitably equipped to house and care for it in case of any specimen of species listed in Appendix I of Schedule IV;

(b)      handling of a living specimen of a species listed in Appendix II of Schedule IV may not be so as to minimise the risk of injury, damage to health or cruel treatment;

(c)      a false information is furnished;

(d)      the resolutions of the Convention are not complied with; or

(e)      the provisions of the Act and rules made thereunder have not been complied with:

Provided that no permit or certificate shall be cancelled without giving the applicant an opportunity of being heard.

 

Form I

[See Rule 3(1)]

 

Undertaking

I ................[name of the applicant] Son of or Daughter of or Wife of ................ [Fathers name or Husband Name] hereby declare that the all the particulars furnished by me are true to the best of my knowledge and any detail furnished above, if found to be false shall make my application liable for rejection.

I shall abide by all the conditions mentioned in the Regulation in International Trade in Specimens Rules, 2023 and any other condition that may be imposed by the Chief Wild Life Warden.

Date:

Signature

Place:

Name of the Applicant:

Present Address of the Applicant:

List of enclosures:

(1)     Copy of the Aadhar Card of the Applicant or Registration Certificate/Certificate of incorporation in case of a Society/Company/Board etc.

(2)     Address proof of the Applicant

(3)     Copy of the Advance Import permit issued by the concerned CITES Management Authority in case of export of Appendix I Species

(4)     Copy of the Import permit issued by CITES Management Authority in case of Appendix I Species/Import licence issued by DGFT in case of re-export.

(5)     Copy of Legal Procurement Certificate issued by concerned Forest Department in case of export.

(6)     Copy of NOC of Chief Wild Life Warden

 

FORM II

[See Rule 4 (1) (b) and rule 6 (1) (a)]

LEGAL PROCUREMENT CERTIFICATE

(Fauna/Flora/Derivatives)

(NON-TRANSFERABLE)

Bar Code/Security Stamp

CERTIFICATE NO. DATED

VALID UP TO

(1)     This certificate is hereby issued in favour of Mr./Ms. Son of/Daughter of/Wife of resident of ________________________(Postal Address) holder of Licence no. (if applicable) _______________________ for export of specimen of species as detailed in the table below.

(2)     I hereby certify that the specimen of species listed in Schedule IV described in the table below have been verified by this office and the same are recommended for export/re-export.

(3)     Details of specimen of species:

Signature and designation of the official

(not below the rank of the Deputy Conservator of Forests)

Designation

 

Form-III

[See Rule 4 (3), Rule 5(3), Rule 6(2) and Rule 7(5)]

 

CITES PERMIT/CERTIFICATE No. Instructions and explanations

(These correspond to block numbers on the form)

(1)     Tick the square which corresponds to the type of document issued (export permit, re-export certificate, import permit, certificate of introduction from the sea or certificate of origin). The original number is a unique number allocated to each document by the Management Authority.

(2)     For export permits and re-export certificates, the date of expiry of the document may not be more than six months after the date of issuance (one year for import permits).

(3)     Complete name and address of the importer.

(3a) The name of the country must be written in full.

(4)     Complete name and address of the exporter/re-exporter. The name of the country must be stated. The absence of the signature of the applicant renders the permit or certificate invalid.

(5)     Special conditions may refer to national legislation or special conditions placed on the shipment by the Management Authority. This block can also be used to justify the omission of certain information.

(5a) The following codes should be used: T for commercial, Z for zoo, G for botanical garden, Q for circus or traveling exhibition, S for scientific, H for hunting trophy, P for personal, M for medical, E for education, N for reintroduction or introduction into the wild, B for breeding in captivity or artificial propagation and L for law enforcement / judicial / forensic.

(5b) Indicate the number of the security stamp affixed in block 13.

(6)     The name, address and country of the issuing Management Authority should already be printed on the form.

(7-8) Indicate the scientific name (genus and species, where appropriate subspecies) of the animal or plant as it appears in the Convention Appendices or the reference lists approved by the Conference of the Parties, and the common name of the animal or plant as known in the country issuing the permit.

(9)   Describe, as precisely as possible, the specimens entering trade (live animals, skins, flanks, wallets, shoes, etc.).

If a specimen is marked (tags, identifying marks, rings, etc.), whether or not this is required by a Resolution of the Conference of the Parties (specimens originating in a ranching operation, specimens subject to quotas approved by the Conference of the Parties, specimens of Appendix-I species bred in captivity for commercial purposes, etc.), indicate the number and type of mark. The sex and age of the live animals should be recorded, if possible.

(10) Enter the number of the Appendix of the Convention (I, II or III) in which the species is listed. Use the following codes to indicate the source:

W Specimens taken from the wild

X Specimens taken in "the marine environment not under the jurisdiction of any State".

R Ranched specimens: specimens of animals reared in a controlled environment, taken as eggs or juveniles from the wild, where they would otherwise have had a very low probability of surviving to adulthood.

D Appendix-I animals bred in captivity for commercial purposes in operations included in the Secretariats Register, in accordance with Resolution Conf. 12.10 (Rev. CoP15), and Appendix-I plants artificially propagated for commercial purposes, as well as parts and derivatives thereof, exported under the provisions of Article VII, paragraph 4, of the Convention

A Plants that are artificially propagated in accordance with Resolution Conf. 11.11 (Rev. CoP18), as well as parts and derivatives thereof, exported under the provisions of Article VII, paragraph 5 (specimens of species included in Appendix I that have been propagated artificially for non-commercial purposes and specimens of species included in Appendices II and III)

C Animals bred in captivity in accordance with Resolution Conf. 10.16 (Rev.), as well as parts and derivatives thereof, exported under the provisions of Article VII, paragraph 5

F Animals born in captivity (F1 or subsequent generations) that do not fulfill the definition of bred in captivity in Resolution Conf. 10.16 (Rev.), as well as parts and derivatives thereof

Y Specimens of plants that fulfill the definition for assisted production in Resolution Conf. 11.11 (Rev. CoP18) as well as parts and derivatives thereof

U Source unknown (must be justified)

I Confiscated or seized specimens

O Pre-Convention specimens (may be used with other source codes).

(11) The quantity and units indicated should conform to the most recent version of the Guidelines for the preparation and submission of CITES annual reports issued by the Convention.

(11a) Indicate the total number of specimens exported in the current year (including those covered by the present permit) and the current annual quota for the species concerned (for example 500/1000). This should be done for the national quotas as well as for those determined by the Conference of the Parties.

(12) The country of origin is the country in which the specimens were taken from the wild, bred in captivity or artificially propagated, except in the case of plant specimens that cease to qualify for an exemption from the provisions of CITES. In such instances, the country of origin is deemed to be the country in which the specimens ceased to qualify for the exemption. Indicate the number of the permit or certificate of the exporting country and the date of issuance. If all or part of the information is not known, this should be justified in block 5. This block must only be completed in case of re-exports;

(12a) The country of last re-export is the country from which the specimens were re-exported before entering the country in which the present document is issued. Enter the number of the re-export certificate of the country of last re-export and its date of issuance. If all or part of the information is not known, this should be justified in block 5. This block must only be completed in case of re-export of specimens previously re-exported.

(12b) The "No. of the operation" is the number of the registered captive-breeding or artificial propagation operation. The "date of acquisition" is defined in Resolution Conf. 13.6 (Rev. CoP16) and is required only for pre Convention specimens.

(13) To be completed by the official who issues the permit. The name of the official must be written in full. The security stamp/bar code must be affixed in this block and must be cancelled by the signature of the issuing official and a stamp or seal. The seal, signature and security-stamp number/bar code should be clearly legible.

(14) To be completed by the official who inspects the shipment at the time of export or re-export. Enter the quantities of specimens actually exported or re-exported. Strike out the unused blocks.

(15) Enter the number of the bill of lading or air way-bill if the method of transport used requires the use of such a document.

 

AFTER USE THIS DOCUMENT MUST BE RETURNED TO A MANAGEMENT AUTHORITY OF THE IMPORTING COUNTRY.

Form IV

[See Rule 5(2) and Rule 7(2)]

Undertaking

To

The CITES Management Authority,

India.

I............... [name of the applicant] S/o or D/o or W/o............... [ Name of father or name of husband] hereby give an undertaking that the specimen of a species included in Appendix I of Schedule IV which I intend to import shall not be used for primarily commercial purposes.

I shall abide by all the conditions mentioned in the Regulation in International Trade of Specimens Rules, 2023 and any other condition that may be imposed by the CITES Management Authority, India.

Date:

Signature

Place:

Name of the Applicant:

Present Address of the Applicant:

 

Form V

[See Rule 8]

 

 

 

 

Date:

Signature

Place:

Name of the Applicant:

Present Address of the Applicant:

 

FORM VI

[See Rule 9(2)]

 

 

Undertaking

I .......................[name of the applicant] Son of or Daughter of or Wife of ....................... [Fathers name or Husband Name] hereby declare that the specimen of species mentioned at S.No. 6 have not been exported/imported/re-exported/introduced from the Sea through permit/certificate no ....................... dated .......................

I shall abide by all conditions mentioned in the Regulation in International Trade in Specimens Rules, 2023 and any other condition that may be imposed by the Chief Wild Life Warden.

Date:

Signature

Place:

Name of the Applicant:

Present Address of the Applicant:

List of enclosure: Copy of the permit/certificate

 

FORM VII

[See Rule 9(3)]

 

(1)     This extension of validity of granted through this permit/certificate no..............dated.............. shall be applicable only on production of original permit/certificate together.

(2)     Any misinformation/violation of the provisions of Wild Life (Protection) Act, 1972 shall render the extension granted vide this permit/certificate invalid.

(3)     No further extension of validity of permit/certificate shall be granted.

This extension of validity of permit/certificate no. is issued by:

Place

Date Security stamp, signature and official seal