Endangered Species (Import and Export) Act 1976 (Modification) (No. 2) Order 1978

JurisdictionUK Non-devolved
CitationSI 1978/1939
Year1978

1978 No. 1939

ANIMALS

The Endangered Species (Import and Export) Act 1976 (Modification) (No. 2) Order 1978

22ndDecember 1978

29thDecember 1978

19thJanuary 1979

The Secretary of State, in exercise of the powers conferred by sections 3 and 11 of the Endangered Species (Import and Export) Act 1976(a) and of all other powers enabling him in that behalf, after consulting a scientific authority, hereby makes the following order:—

Citation and commencement

1. This order may be cited as the Endangered Species (Import and Export) Act 1976 (Modification) (No. 2) Order 1978 and shall come into operation on 19th January 1979.

Interpretation

2.—(1) The Interpretation Act 1978(b) shall apply to this order as it applies to subordinate legislation made after the commencement of that Act.

(2) In this order "the Act" means the Endangered Species (Import and Export) Act 1976, and "the Convention" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed at Washington on 3rd March 1973, which came into force in the United Kingdom on 31st October 1976.

Revocation

3. The Endangered Species (Import and Export) Act 1976 (Modification) Order 1977(c) and the Endangered Species (Import and Export) Act 1976 (Modification) Order 1978(d) are hereby revoked.

Modification of the Schedules to the Act

4. For the purposes of giving effect to amendments to the Convention made in pursuance of its provisions and promoting the conservation of animals of a kind which appears to the Secretary of State to be endangered as a result of international trade, the Schedules to the Act shall be modified in accordance with the following provisions of this order.

(a) 1976 c. 72.

(b) 1978 c. 30.

(c) S.I. 1977/153.

(d) S.I. 1978/1280.

5. In Schedule 1 to the Act—

(a) in Part I the following words shall be deleted

"Primates

Macaca rhesus

Rhesus monkey

Macaca nemestrina

Pig-tailed monkey",

(b) in Part II

(i) after the words

"Perch

Stizostedion vitreum glaucum

Blue walleye"

there shall be inserted the words

"Drumfish

Cynoscion macdonaldi";

(ii) after the word "Butterflies" there shall be inserted the words—

"Ornithoptera

Trogonoptera

Troide

Birdwing butterflies

(iii) for the words "Parnassius apollo apollo" there shall be substituted the words "Parnassius apollo".

6. In Schedule 2 to the Act—

(a) after the words

"Dicksoniaceae

Dicksoniaceae"

there shall be inserted the words

"Didiereaceae

Didiereaceae"; and

(b) after the words

"Palmae

Areca ipot"

there shall be inserted in the second column of the Schedule the words

"Chrysalidocarpus decipiens

Chrysalidocarpus lutescens

Neodypsis decaryi".

7. In Schedule 3 to the Act—

for paragraphs 5 to 22 there shall be substituted the following paragraphs

"5. The whole or any part, or anything made wholly or partly therefrom, of any tusk of any of the following animals, namely

(a) any animal of the family Elephantidae (elephants)

(b) any animal of the family Suidae (pigs)

(c) any animal of the species Monodon monoceros (narwhal)

(d) any animal of the species Odobenus rosmarus (walrus)

and powder and waste of any tusk of any of the animals referred to in sub-paragraphs (a) to (d) of this paragraph.

6. The whole or any part, or anything made wholly or partly therefrom, of any tooth of any mammal and powder and waste of any tooth of any mammal.

7.—(1) The whole or any part of the horns of any mammal to which Schedule 1 to this Act applies.

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