S U P P L E M E N T No. 2 TO THE SOVEREIGN BASE AREAS GAZETTE No of 25th May 2004 L E G I S L A T I O N ARRANGEMENT OF SECTIONS

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1 S U P P L E M E N T No. 2 TO THE SOVEREIGN BASE AREAS GAZETTE No of 25th May 2004 L E G I S L A T I O N THE PROTECTION AND MANAGEMENT OF GAME AND WILD BIRDS ORDINANCE 15 OF 2004 Section 1. Short title 2. Interpretation ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS PART II GENERAL PROVISIONS 3. Purposes of this Ordinance 4. Chief Officer s general responsibilities PART III WILD BIRDS 5. Scope of Part III 6. General powers of Chief Officer 7. Special protection zones 8. Protection of wild birds 9. Game birds 10. Dealing in wild birds 11. Prohibited means of hunting for wild birds. 12. Disapplying sections 8 to Introduction of non-local species of birds into the Areas 14. Information to the EC Commission 91

2 92 PART IV SPECIES OF COMMUNITY INTEREST 15. Species of fauna of Community interest 16. Monitoring of fauna of Community interest 17. Prohibited means of hunting fauna of Community interest 18. Disapplying sections 15 to 17 PART V GAME 19. Prescribed game 20. Regulations on hunting game 21. Special licence to hunt species of Community interest 22. Special licence to hunt wild fauna 23. Hunting may be prohibited even in open season PART VI GAME LICENCES 24. Training course and test to be taken for a game licence 25. Who may take training course and test 26. Publicising particulars about training courses and tests 27. Renewal of game licence 28. Forms of gaming licences 29. When application for game licence must be rejected 30. Hunter must have insurance cover for third party risks 31. Game licence to be conspicuously displayed 32. Hunting orange to be worn 33. Treatment of game which has been killed or captured 34. Disposal of spent cartridges and other waste 35. Some plumage to be retained until hunter returns from hunt PART VII PROHIBITIONS AND RESTRICTIONS RELATED TO HUNTING 36. Prohibited methods of hunting 37. Restrictions on importation, manufacture and possession of items mentioned in section 36 PART VIII GAME AND CLOSE SEASONS AND GAME RESERVES 38. Game season to be prescribed by order 39. Chief Officer may close game season 40. Restrictions on hunting during the close season 41. Offence to possess game during close season 42. Designation of game reserves 43. Temporary game reserves 44. Offences within game reserves 45. Sealing of shot guns PART IX MARKETING OF GAME 46. Game which may be marketed 47. Application for a dealer s licence 48. Prohibition on offering game at premises

3 93 PART X PROHIBITIONS 49. Restrictions on carrying a shot gun 50. Prohibitions on using cloth or rag as wadding or on using tracer bullets 51. Restrictions on capturing or keeping live game 52. Restrictions on introducing game and wild fauna into the environment 53. Taxidermy 54. Game not to be disturbed 55. Endangered species 56. Wild fauna not to be fenced in PART XI PROTECTION OF AGRICULTURE 57. Protection of crops 58. Permissible means of protecting cultivations PART XII CONTROL OF NON- PROTECTED SPECIES 59. Control of non-protected species 60. Further measures of control PART XIII GAME WARDENS AND OTHER OFFICIALS 61. Appointment of game wardens and authorised persons 62. Power of entry without a warrant 63. General duties of a game warden 64. Powers of game wardens and police officers PART XIV COMPOUNDING OF OFFENCES 65. Offences which may be compounded 66. Procedure for compounding offences 67. Payment and its effect 68. Provisions concerning notices to compound 69. Effects of compounding PART XV MISCELLANEOUS PROVISIONS 70. General provisions concerning licences 71. Offence of attempting an offence or assisting in the commission of an offence 72. Liability of officers of a body corporate 73. Penalty for an offence for which no specific penalty is provided 74. Subsequent offences 75. Additional powers of Court 76. Rewards 77. Duplicate licences 78. Amendment of forms 79. Regulations 80. Licence to carry out research

4 Repeals 82. Transitional provisions for existing holders of game licences 83. Commencement SCHEDULES: SCHEDULE I WILD BIRDS FOR WHOSE PROTECTION SPECIAL PROTECTION ZONES ARE PRESCRIBED SCHEDULE II SPECIES OF WILD BIRDS WHICH MAY BE PRESCRIBED AS GAME SCHEDULE III WILD BIRDS WHICH MAY BE MARKETED SCHEDULE IV ANIMAL SPECIES OF COMMUNITY INTEREST REQUIRING STRICT PROTECTION SCHEDULE V SPECIES OF COMMUNITY OR LOCAL INTEREST (PROTECTED BIRDS) SCHEDULE VI Forms Form A: Application for a first game licence and to follow a training course Form B: Application for a game licence Form B1: First game licence shot gun Form B2: Game licence (other than a first game licence) shot gun Form C: Application for a licence to market game Form D: Licence to market game Form E: Particulars to be recorded by a seller of game Form F: Application for a taxidermist s licence Form G: Taxidermist s book Form H: Form for approval for taxidermy SCHEDULE VII FEES SCHEDULE VIII ENDANGERED SPECIES SCHEDULE IX NON-PROTECTED SPECIES OF WILD BIRDS SCHEDULE X COMPOUNDING OF OFFENCES

5 ORDINANCE 15 OF 2004 AN ORDINANCE TO AMEND AND CONSOLIDATE THE ORDINANCES RELATING TO THE PRESERVATION, PROTECTION AND DEVELOPMENT OF GAME AND WILD BIRDS P. T. C. Pearson CBE 20th May ADMINISTRATOR BE it enacted by the Administrator of the Sovereign Base Areas of Akrotiri and Dhekelia as follows: PART I PRELIMINARY PROVISIONS 1. This Ordinance may be cited as the Protection and Management of Game and Wild Birds Ordinance In this Ordinance, unless the context otherwise requires animal means any species of live animal; biotope means any area of land or water which has distinguishing abiotic and biotic features and in which any species of wild fauna lives in natural conditions; corresponding Republican Law means the Protection and Management of Game and Wild Birds Law 2003 of the Republic and includes any Law amending or substituting that Law and any subordinate legislation made under that Law or under any such amending or substituting Law; endangered species means any species of wild fauna which is directly threatened with extinction and is specified in Schedule VIII or which may be specified as an endangered species by a notice of the Chief Officer published in the Gazette; endemic means any species of wild fauna which is found only in the Island of Cyprus under natural conditions; falconry means hunting with the use of live birds of prey; feeding means the deliberate placing or taking to the country side of any form of food or chemical preparations, such as cereal grains, bird feeding stuffs, salt, fruit, which may attract species of wild fauna or animals for hunting purposes; 95 Short title. Interpretation. Law 152(I)/2003 (Republic). Schedule VIII.

6 Ordinance 10/1974 as amended by Ordinances 3/1978, 2/1989, 13/1992, 6/1994 and 13/1995. Schedule II. Schedule IX. Schedule V. Law No. 153(I)/2003 (Republic). Schedule IV. 96 firearm has the meaning assigned to this term by section 2 of the Firearms Ordinance 1974; game means hares (lepus europeus) and game birds and includes any other animals which may be prescribed as game, that is say, animals which may lawfully be hunted; game bird means any bird which, being listed in Schedule II, has been prescribed as a game bird by an order made under section 9; Game Fund means the Game Fund established under with the Game Fund Laws 1990 to 1999 of the Republic; game reserve means an area of land on which the hunting of wild fauna is prohibited for specified periods; game warden means any person appointed as a game warden, under section 61; leghold trap means a device designed to restrain or capture species of wild fauna by means of jaws which close tightly upon one or more of an animal s limbs, thereby preventing withdrawal of the limb or limbs from the trap; means of transport means any aircraft, animal, carriage, craft, rail wagon, bicycle, motor vehicle of any description or any other vehicle which is used for transporting persons or goods; migratory species means any species of wild bird which migrates from its breeding area to its wintering area and vice versa at regular intervals; native game means any species of wild fauna which is only found in the Island of Cyprus under natural conditions and does not migrate; non-protected species means any species of wild bird listed in Schedule IX; protected in relation to any species of bird means any species of wild bird listed in Schedule V; Scientific Committee means the Scientific Committee established under section 4 of the Protection and Management of Nature and Wildlife Law 2003 of the Republic; shot gun has the meaning given to this term by section 2 of the Firearms Ordinance 1974; special protection zone means an area which has been designated as such under section 7; species means any group of organisms whose members actually or potentially interbreed and produce viable offspring; species of Community interest means any of the species listed in Schedule IV; wild bird means any bird which by nature lives in the wild and includes game birds; wild fauna means game, wild birds and moufflon.

7 97 PART II GENERAL PROVISIONS 3. The purposes of this Ordinance are to provide for (a) the protection, conservation, management and exploitation of all species of wild birds in the Areas; (b) the protection, conservation and adjustment of the population of all wild birds in the Areas to a level consistent with ecological, scientific and educational requirements; (c) the protection of wild fauna; and (d) the conservation of certain species or their re-establishment to a satisfactory state of conservation. 4. The Chief Officer shall have general responsibility for the protection and management of wild fauna in the Areas. PART III WILD BIRDS 5. This Part applies to wild birds and to their eggs, nests and habitats. 6. (1) In order to preserve, maintain or re-establish habitats of sufficient diversity and size for all species of wild birds, the Chief Officer may, having regard to any written opinion of the Scientific Committee or of such other environmental expert as he may appoint to advise him (a) designate special protection zones, in accordance with section 7(1) or (2); (b) give notification by publication in the Gazette of areas for the creation of biotopes; (c) by order published in the Gazette, prescribe measures for the re-establishment of destroyed biotopes. (2) Any person who contravenes the provisions of any order made under paragraph (c) of subsection (1) above shall be guilty of an offence. 7. (1) In respect of the species of wild birds which are listed in Schedule I, the Chief Officer may, having regard to any written opinion of the Scientific Committee or of such other environmental expert as he may appoint to advise him, by order published in the Gazette, prescribe sites as special protection zones. (2) The Chief Officer may, having regard to any written opinion of the Scientific Committee or of such other environmental expert as he may appoint to advise him, by order published in the Gazette prescibe special protection zones for migratory species of wild birds which are not included in Schedule I, but whose passing over or through the Areas is frequent. (3) The Chief Officer may, having regard to any written opinion of the Scientific Committee or of such other environmental expert as he may appoint to advise him, prescribe by order published in the Gazette, appropriate measures aimed at avoiding pollution or deterioration of any habitat which is situated outside a special protection zone, or any disturbances harmful to wild birds. Purposes of this Ordinance. Chief Officer s general responsibilities. Scope of Part III. General powers of Chief Officer. Special protection zones Schedule I. Schedule I.

8 Protection of wild birds. Game birds. Schedule II. Dealing in wild birds. Schedule III. Prohibited means of hunting for wild birds. 98 (4) Any person who contravenes the provisions of any order made under subsection (3) above is guilty of an offence. 8. (1) Save as provided by or under this Ordinance, the following acts are prohibited (a) the deliberate killing or capture of any wild bird by any means; (b) the deliberate destruction of, or damage to, the nest or any egg of a wild bird or the removal of the nest of a wild bird; (c) the deliberate disturbance of wild birds during their period of breeding and rearing; (d) the taking from the wild of any egg of a wild bird and the keeping of any such these egg even if it is empty; (e) the keeping of any wild bird the hunting and capture of which is prohibited. (2) Any person who commits any act which is prohibited by subsection (1) above is guilty of an offence. 9. (1) The Chief Officer may, having regard to any recommendation of the Head of the Game Fund, by order published in the Gazette prescribe as a game bird any description of wild bird mentioned in Schedule II. (2) The hunting of any game bird is prohibited during its nesting season, its periods of reproduction and rearing and during its return to its nesting area. (3) Any person who contravenes the provisions of subsection (2) above is guilty of an offence. 10. (1) Without prejudice to subsection (2) below, it is prohibited for any person to sell, transport for sale, keep for sale or offer for sale any live or dead wild bird or any readily recognisable part or derivative of any wild bird. (2) It is not prohibited for any person to sell, transport for sale, keep for sale or offer for sale any description of wild bird which is mentioned in Schedule III provided that he does so in accordance with such conditions as, having regard to any opinion of the Scientific Committee or of such other environmental expert as he may appoint to advise him, the Chief Officer may impose by order published in the Gazette. (3) Any person who contravenes the provisions of subsection (1) above or the provisions of any order made under subsection (2) above is guilty of an offence. 11. (1) In the hunting, capturing or killing of wild birds it is prohibited for any person to use any means whatsoever for the largescale or non-selective capturing or killing of birds or any means capable of causing the extinction in the Island of Cyprus of any species of bird or capable of reducing the number of any species of bird to such an extent as to threaten it with extinction. (2) Without prejudice to the generality of subsection (1) above, it is prohibited for any person to use any of the following means for capturing or killing birds

9 99 (a) mist-nets, limesticks, nooses of any description, iron-traps, leghold traps, hooks, live blind or mutilated wild birds as decoys, tape recorders, electrocuting devices, electronic devices capable of killing or stunning or any other trap or means of luring; (b) searchlights, mirrors or any other means of dazzling, sighting devices for night shooting, any apparatus for illuminating targets, silencers or any bait with an explosive mechanism; (c) explosives; (d) nets, traps, poisoned or anaesthetising bait; (e) semi-automatic or automatic weapons with a magazine capable of holding more than two rounds of ammunition; (f) plastic or other models of game or wild birds, appliances which produce or emit sounds which imitate the sounds of game or wild birds, whether used on their own or in conjunction with any other items such as cassette tapes or compact discs; (g) the method commonly known as pantima or any other similar method or practice; (h) chemical substances for luring game and wild birds; (i) poisonous seeds or substances; (j) any appliance which on its own or with the addition of any accessory is capable of spotting game; (k) feeding; (l) falconry. (3) Without prejudice to the generality of subsection (1) above but subject to subsection (4) below, it is prohibited for any person to pursue wild birds by any of the following means (a) an aircraft; (b) a car or any other form of motorised land vehicle; (c) a boat driven at a speed exceeding five kilometres per hour. (4) Notwithstanding paragraph (c) of subsection (3) above, the Chief Officer may by order published in the Gazette permit, for safety reasons, the pursuit of wild birds in the open sea by means of a motor boat at a maximum speed of eighteen kilometres per hour. (5) Any person who contravenes the provisions of this section is guilty of an offence. 12. (1) The Chief Officer may, having regard to any written opinion of the Scientific Committee or of such other environmental expert as he may appoint to advise him, by order published in the Gazette permit the disapplication of sections 8, 9, 10 and 11 for any of the following purposes (a) public health; (b) air safety; Disapplying sections 8 to 11.

10 Introduction of non-local species of birds into the Areas. Information to EC Commission. Species of fauna of Community interest. Schedule IV. Schedule IV. 100 (c) the prevention of serious damage to crops, livestock, forests, fisheries and water; (d) the protection of fauna and flora; (e) for research and teaching purposes; (f) for the purposes of repopulation and re-introduction of any species and for any breeding operations necessary for such purposes; (g) for the purpose of enabling the taking, keeping and exploitation in a sustainable manner of a small number of specified wild species. (2) Where the Chief Officer permits the disapplication of sections 8, 9, 10 and 11 by an order made under subsection (1) above, he shall specify in such order the following matters (a) the species of wild birds which are the object of the disapplication; (b) the number of the species of wild birds which are the object of the disapplication; (c) the permitted means of capturing or killing such species; (d) the conditions attaching to, and the period of, the disapplication; (e) any other necessary restrictive conditions; (f) the persons to whom the disapplication applies; and any checks which may be carried out by the Area officer or by a game warden. 13. (1) The Chief Officer, having regard to any written opinion of the Scientific Committee or of such other environmental expert as he may appoint to advise him, may specify by order published in the Gazette any measures necessary to ensure that any possible introduction of non-local species of wild birds into the Areas does not cause any harm to the local fauna and flora. (2) Any person who contravenes the provisions of any order made under subsection (1) above is guilty of an offence. 14. The Chief Officer may provide the Commission of the European Communities with such information as appears to him to be relevant to the work of the Commission in the matters with which this Ordinance is concerned. PART IV SPECIES OF COMMUNITY INTEREST 15. (1) Subject to the provisions of section 28, any form of intentional capture or killing in its natural habitat of any species of fauna of Community interest which is included in Schedule IV is prohibited. (2) Subject to the provisions of section 28, the intentional disturbance in its natural habitat of any species of fauna of Community interest which is included in Schedule IV during any period when it is reproducing, rearing its young, hibernating or migrating is prohibited.

11 101 (3) Subject to the provisions of section 28, the intentional destruction for collection in their natural environment of the eggs of any species of fauna of Community interest which is included in Schedule IV is prohibited. (4) Subject to the provisions of section 28, the damaging or destruction of any place within the natural habitat of any species of Community interest which is included in Schedule IV where such species reproduces or rests, is prohibited. (5) Subject to the provisions of section 28, the keeping, transport, sale or exchange or offer for sale of any specimen of a species of fauna of Community interest which is included in Schedule IV or of any part of such a specimen is prohibited. (6) Subsections (1), (2) and (5) above apply to all stages of the life of any species of fauna of Community interest which is included in Schedule IV. (7) Any person who contravenes the provisions of this section is guilty of an offence 16. (1) The Administrator may, on the recommendation of the Chief Officer and having regard to any written opinion of the Scientific Committee or of such other environmental expert as he may appoint to advise him, make regulations providing for a system of continuous monitoring of incidental captures or killings of any species of fauna of Community interest which is included in Schedule IV. (2) On the basis of such a system of continuous monitoring as is referred to in subsection (1) above, the Administrator may, on the recommendation of the Chief Officer and having regard to any written opinion of the Scientific Committee or of such other environmental expert as he may appoint to advise him, provide by regulations any further investigations or conservation measures that he considers necessary so as to ensure that such incidental captures or killings as are referred to in subsection (1) above do not have any adverse effect on any species of fauna such as is referred to in that subsection. 17. (1) Where, under section 18, the capture or killing is permitted of any species of fauna of Community interest which is included in Schedule IV, it is prohibited to use any indiscriminate means which may cause such a reduction in the number of the species locally as to threaten or lead to the extinction of the species, or to use any means which seriously disturbs the peaceful environment of any species of Community interest, and in particular it is prohibited to use any of the means described in subsections (2) and (3) below. (2) It is prohibited to use any of the following indiscriminate means of capturing or killing any mammal (a) blind or mutilated animals as bait or decoys; (b) plastic or other models of game or wild birds, appliances which produce or emit sounds which imitate the sounds of game or wild birds, whether such appliances are used on their own or in conjunction with any other items, such as cassette tapes or compact discs; (c) mist-nets, limesticks, hooks, nooses of any description, iron- Schedule IV. Schedule IV. Schedule IV. Schedule IV. Monitoring of fauna of Community interest. Schedule IV. Prohibited means of hunting fauna of Community interest. Schedule IV.

12 Schedule IV. Disapplying sections 15 to traps, leghold traps, electric or electronic systems which can kill, anaesthetize or cause confusion; (d) any artificial source of light; (e) searchlights, mirrors or other means which cause dazzling; (f) means of illuminating targets; (g) sighting devices for night shooting comprising an electronic magnifier or image converter, silencers and baits with explosive mechanisms, electrocuting appliances; (h) explosives; (i) nets which capture animals indiscriminately by reason of the manner in which or the conditions under which they are used; (j) crossbows; (k) poison or bait laced with poison or anaesthetic; (l) gas or smoke; (m) semi-automatic or automatic weapons with a magazine capable of holding more than two rounds of ammunition; (n) the method commonly known as pantima or any other similar method or practice; (o) chemical substances for luring game and wild birds; (p) poisonous seeds or substances; (q) any appliance which on its own or in conjunction with any accessory is capable of spotting game; (r) feeding; (s) falconry. (3) A person shall not use any method of capturing or killing any species of Community interest which is included in Schedule IV with the use of an aircraft or moving motorised land vehicle. (4) Any person who contravenes the provisions of this section is guilty of an offence. 18. (1) Subject to subsection (2) below, the Chief Officer may, having regard to any written opinion of the Scientific Committee or of such other environmental expert as he may appoint to advise him, permit by order published in the Gazette, the disapplication of sections 15, 16 and 17, but only for one or more of the following reasons (a) to prevent serious damage to crops, livestock, forests, fish stocks, water resources or any movable or immovable property; (b) to protect wild fauna and flora and to conserve natural habitats; (c) in the interests of public health or public safety, or for other compelling reasons of overriding public interest, including those of a social, economic or environmental nature; (d) for the purpose of research and education; (e) for the purposes of repopulating and re-introducing species

13 103 of Community importance, and for the breeding operations necessary for such purposes, including the artificial propagation of plants; (f) to allow, under strictly supervised conditions, on a selective basis and to a limited extent, the taking or keeping of certain specimens of the species of Community importance listed in Schedule IV. (2) The Chief Officer may permit the disapplication of sections 15, 16 and 17 in accordance with subsection (1) above, only if he is satisfied (a) that there is no other effective, alternative solution; (b) that such disapplication does not prejudice the maintenance of a satisfactory level of conservation of specific species of Community interest in their natural habitat. (3) Where the Chief Officer does permit a disapplication of sections 15, 16 and 17 under subsection (1) above, he shall specify in the order permitting such disapplication the following (a) the species of Community interest which is the object of the disapplication; (b) the permitted means of capturing or killing such species; (c) the conditions attaching to, and the period of, the disapplication; (d) the persons to whom the disapplication applies; (e) any checks that may be carried out by the Area officer or by a game warden. PART V GAME 19. Without prejudice to any other provision of this Ordinance the Administrator may, by order published in the Gazette, prescribe as game any species of wild fauna, other than a species of Community or local interest such as is included in Schedule V. 20. (1) The Administrator may, by regulations published in the Gazette (a) prescribe the maximum number of game which on any one day may be hunted and possessed by a holder of a game licence; (b) prohibit the shooting, killing, pursuing, capture, possession or sale of any game for such period as may be specified in the regulations; (c) prescribe the hours during which the hunting of game may be carried out; (d) prescribe whether, during the game season the shooting, killing, capture, or pursuing of game with or without the company of a dog by the holders of game licences is permitted; (e) specify for any species of game, the maximum number of game, the area and the period during which the shooting, Prescribed game. Schedule V. Regulations on hunting game.

14 Special licence to hunt species of Community interest. Special licence to hunt wild fauna. Hunting may be prohibited even in open season. 104 capture or pursuing of such species of game is permitted and the area and the period where hunting is permitted with the company of a dog. (2) Any person who contravenes any regulation made under paragraph (a) or (c) of subsection (1) above, is guilty of an offence and is liable on conviction to imprisonment not exceeding two years or to a fine not exceeding two thousand pounds or to both such penalties. (3) Any person who contravenes any regulation made under paragraph (b), (d) or (e) of subsection (1) above is guilty of an offence. 21. (1) Subject to the provisions of section 18, no person shall shoot, kill, capture, possess or pursue any species of Community interest, unless (a) he is the holder of a special licence issued to him by the Chief Officer; and (b) he complies with such conditions as the Chief Officer may impose in relation to such licence. (2) Any person who contravenes the provisions of subsection (1) above is guilty of an offence. (3) Any person, other than a holder of a special licence issued to him under subsection (1) above, who has in his possession (a) any live species of Community interest; or (b) any part of a species of Community interest, is guilty of an offence. 22. (1) Subject to sections 12, 18 and 21, no person shall at any time shoot, kill, capture, pursue, sell, display for sale or possess any species of wild fauna other than game unless (a) he is the holder of a special licence issued to him by the Chief Officer; and (b) he complies with such conditions as the Chief Officer may impose in relation to such licence. (2) Any person who contravenes the provisions of subsection (1) above is guilty of an offence. 23. (1) The Administrator may by order published in the Gazette, prohibit the shooting, killing, pursuing, capture, sale or display for sale of any species of wild fauna during any period specified in the order even if such period would, apart from such an order, not fall in a close season. (2) Any person who contravenes the provisions of an order made under subsection (1) is guilty of an offence. PART VI GAME LICENCES Training course and test to be taken for a game licence. 24. (1) No person shall shoot, kill, possess, capture or pursue in any manner any game, unless he is the holder of a game licence.

15 105 (2) Subject to section 30, the first grant to any applicant for a game licence shall be made by the Chief Officer only if the applicant is the holder of a licence to possess a non-shouldered hunting bow or a shouldered shot-gun with a smooth-bore having a single barrel which can hold only one cartridge in its chamber, or having a double barrel which can hold only one cartridge in each chamber, and provided that the applicant has attended such a training course and passed such a test as the Chief Officer may direct by notice published in the Gazette. (3) An applicant for a game licence who does not already hold such a licence must submit his application to the Chief Officer in Form A of Schedule VI at least one month before the beginning of the training course that he will be attending in accordance with subsection (2) above, and must pay the fee specified in the fourth column of Schedule VII in respect of the entry in the third column of that Schedule relating to section 24(3) (that is to say, this subsection). (4) Any person who contravenes the provisions of subsection (1) above is guilty of an offence. 25. Any person lawfully working or residing in the Areas who is at least seventeen years of age may attend a training course and take the special test described in section 24 above, if (a) he produces to the Chief Officer a certificate from a registered medical practitioner, certifying that he is both physically and mentally fit to hunt; (b) he has not been convicted of any offence under the provisions of this Ordinance, in the preceding five years; and (c) he has paid the fee specified in the fourth column of Schedule VII in respect of the entry in the third column of that Schedule relating to section 25 (that is to say, this section). 26. (1) The Chief Officer may by notice published in the Gazette provide particulars concerning the syllabus for the training courses referred to in section 24 above and the times of and venues for the tests referred to in that section. (2) A person who has failed in a test such as is referred to in section 24 above may only take such a test again if he attends another training course such as is referred to in that section. He shall be liable to pay a fee for each such training course that he attends and each such test that he takes. 27. (1) Subject to subsection (3) below and to section 24(2) and section 29, a game licence shall be renewed every year by the Chief Officer on payment by the holder of the game licence of the fee specified in the fourth column of Schedule VII in respect of the entry in the third column of that Schedule relating to section 27 (that is to say, this section). (2) A person who wishes to have his game licence renewed must submit his application to the Chief Officer, together with the required supporting documents, in Form B of Schedule VI. (3) The Chief Officer may, before renewing any game licence, require the applicant Form A. Schedule VI. Schedule VII. Who may take training course and test. Schedule VII. Publicising particulars about training courses and tests. Renewal of game licence. Schedule VII. Form B. Schedule VI.

16 Forms of gaming licences. Forms B1 and B2. Schedule VI. Schedule VII. When application for game licence must be rejected. Hunter must have insurance cover for third party risks. Game licence to be conspicuously displayed. Hunting orange to be worn. Treatment of game which has been killed or captured. 106 (a) to provide particulars of the game killed by him during the preceding hunting season; (b) to undergo a medical test or to provide new medical certificates concerning his fitness to hunt game; (c) to attend a training course again or to take a test again (or to do both). 28. A game licence shall be issued in Form B1 or Form B2 (as the case may require) in Schedule VI, and, in the case of the issuing to any person of his first game licence, on payment of the fee specified in the fourth column of Schedule VII in respect of the entry in the third column of that Schedule relating to section 28 (that is to say, this section) and any game licence shall expire on 31st July following the date of its issue. 29. The Chief Officer shall not grant or renew a game licence to any person who (a) does not possess a licence for the possession of a shot gun, in accordance with the Firearms Ordinance 1974; or (b) has been convicted for any offence under this Ordinance or the Firearms Ordinance 1974; (c) has not attended a training course or passed the special test referred to in section 24 above. 30. (1) A holder of a game licence shall enter into and maintain in force a policy of insurance in respect of third party risks to the body or property of any third party arising from the licence holder s hunting activities. (2) Any person who contravenes the provisions of subsection (1) above is guilty of an offence. 31. (1) A holder of a game licence must place and display his game licence conspicuously on the centre of his back, while he is hunting. (2) Any person who contravenes the provisions of subsection (1) above is guilty of an offence and is liable on conviction, to imprisonment not exceeding two years or to a fine not exceeding two thousand pounds or to both such penalties. 32. (1) Any person who is hunting or who is accompanying a person who is hunting native game shall wear a hat which has the colour known as hunting orange or shall wear clothing such that at least 30% of his body is covered in hunting orange. (2) Any person who contravenes the provisions of subsection (1) above is guilty of an offence and on conviction is liable to imprisonment not exceeding two years or to a fine not exceeding two thousand pounds or to both such penalties. 33. (1) A person shall not display live game or any species of wild fauna to public view and shall not torture such game or fauna in any manner, or display dead game to public view from any motorised means of transport. (2) Any person who contravenes the provisions of subsection (1) above is guilty of an offence and on conviction is liable to imprisonment not exceeding two years or to a fine not exceeding two thousand pounds or to both such penalties.

17 (1) Any person who is hunting or who is accompanying a person who is hunting shall not dispose of spent cartridges or other waste in the country side. (2) Any person who contravenes the provisions of subsection (1) above is guilty of an offence and on conviction is liable to imprisonment not exceeding two years or to a fine not exceeding two thousand pounds or to both such penalties. 35. (1) Any holder of a game licence shall, on any day that he is hunting, keep in full plumage at least the head and one wing of each bird game that he catches until such time as he reaches his final destination after the end of the hunt. (2) Any person who contravenes the provisions of subsection (1) above is guilty of an offence and on conviction is liable to imprisonment not exceeding two years or to a fine not exceeding two thousand pounds or to both such penalties. Disposal of spent cartridges and other waste. Some plumage to be retained until hunter returns from hunt. PART VII PROHIBITIONS AND RESTICTIONS RELATED TO HUNTING 36. (1) Subject to the provisions of sections 11, 12, 17 and 18, no person may shoot, capture, pursue, disturb or mislead any game by making use of (a) mist-nets, limes, hooks, knots, wire-knots, iron-traps, leghold traps, electronic devices which cause death or stunning, or any other similar trap or means of luring; (b) searchlights, mirrors or any other means of dazzling; (c) devices for illuminating targets, sighting devices for night shooting consisting of electronic magnifiers or image converters, silencers, baits with explosive mechanisms or electrocuting devices; (d) plastic or other models of game or wild birds, appliances which produce or emit sounds imitative of game or wild birds, whether such appliances are used alone or in conjunction with any other item such as cassette tapes or compact discs; (e) motorised means of transport on land and boats and aircraft of any description; (f) the method commonly known as pantima or any other similar method or practice; (g) chemical substances for luring game and wild birds; (h) poisonous seeds or substances; (i) any appliance which either on its own or in conjunction with any accessory is capable of spotting game; (j) feeding. (2) A person shall not use any means or method of mass or indiscriminate capture or killing which may cause the extinction of any species of game or wild fauna in the Island of Cyprus. (3) It is prohibited for any person to capture or kill any wild Prohibited methods of hunting.

18 Restrictions on importation, manufacture and possession of items mentioned in section 36. fauna by means of falconry. 108 (4) Any person who contravenes the provisions of this section is guilty of an offence. 37. (1) A person shall not import, manufacture or possess any of the items described in paragraphs (a), (c), (d), (g), (h) and (i) of subsection (1) of section 36 above unless he is the holder of a special licence under this section issued by the Chief Officer: Provided that this section does not prohibit any person from importing, manufacturing or possessing hooks for the purposes of fishing. (2) Any person who contravenes the provisions of subsection above is guilty of an offence. PART VIII GAME AND CLOSE SEASONS AND GAME RESERVES Game season to be prescribed by order. Chief Officer may close game season. Restrictions on hunting during the close season. Offence to possess game during close season. 38. (1) The Administrator shall prescribe by order published in the Gazette any period as a game season: Provided that the Administrator shall not prescribe any period falling wholly or partly between 1st March and 15th August in any year (both dates included) as a game season. (2) Any period of the year which has not been prescribed under subsection (1) above as a game season shall be considered as a close season. 39. The Chief Officer may by order published in the Gazette prescribe any part of a period prescribed pursuant to section 38 above as a game season to be a close season instead. 40. (1) No person shall shoot, kill, capture, disturb or pursue any game or species of wild fauna during a close season. (2) The Chief Officer may grant to a game warden or police officer a licence, subject to such conditions as may be specified in the licence, authorising the licensee to shoot, kill, capture or pursue in such area as is prescribed in the licence such game as is specified in the licence during the whole or any part of a close season. (3) The Chief Officer may grant to a game warden a licence authorising the game warden to shoot, kill, pursue, or capture any game or species of wild fauna for purposes of scientific research in any area during any season. (4) Any person who contravenes the provisions of this section is guilty of an offence. 41. Without prejudice to any other provisions of this Ordinance, any person who has in his possession any game (whether killed or live) or any part of any such game during a close season is guilty of an offence: Provided that the Administrator may by notification published in the Gazette prescribe a period ending no later than fifteen days after the date of the expiry of any game season during which the possession of killed game is permissible.

19 (1) The Administrator may by order published in the Gazette designate any area as a game reserve. (2) Without prejudice subsection (1) above, the following are game reserves (a) any urban area, the residential area of any village and any area within a distance of five hundred metres from the outer limits of such a residential area, and any area within a radius of two hundred metres from any isolated house; (b) any military establishment and any area within a distance of three hundred metres from such an establishment; (c) all private places fenced by walls or metal, net, or other fencing material to a height exceeding 150 centimetres. 43. The Chief Officer may by order published in the Gazette declare any area to be a temporary game reserve for such period as may be specified in the order. 44. Any person who (a) shoots, kills, captures or pursues any game in a game reserve or in a temporary game reserve or who is found in a game reserve or in a temporary game reserve in such circumstances as to indicate that he was present there with a view to pursue game unlawfully; or (b) not being either a police officer or a game warden, is in possession of a shotgun in a game reserve or in a temporary game reserve, without the written permission of the Chief Officer, is guilty of an offence. 45. (1) The Administrator may, with a view to preventing the use of shot guns during a close season, by order published in the Gazette, order that on such date as may be specified in the order, all shot guns are to be presented to the Chief Officer for sealing up, and accordingly a person shall not have in his possession or under his control a shot gun which has not been sealed up in accordance with such an order while such an order is in force. (2) While an order made under subsection (1) above is in force, any person who has in his possession or under his control a shot gun shall, if requested to do so by a police officer or a game warden, produce the shot gun for inspection by such police officer or game warden. (3) Any person who, while an order made under subsection (1) above is in force (a) fails to comply with, or acts in contravention of, the provisions of the order; (b) fails to comply with the provisions of subsection (2) above; or (c) otherwise than with the written authority of a police officer or of the Chief Officer, breaks, destroys or in any other way interferes with any sealing made pursuant to the order, is guilty of an offence. Designation of game reserves. Temporary game reserves. Offences within game reserves. Sealing of shot guns.

20 Game which may be marketed. Schedule III. Schedule III. Application for a dealer s licence. Form C Schedule VI. Form D Schedule VI. Form E Schedule VI. Prohibition on offering game at premises. 110 PART IX MARKETING OF GAME 46. (1) Subject to the provisions of section 10, a holder of a game licence may not sell or otherwise for consideration dispose of any game other than game consisting of any species of wild birds included in Schedule III. (2) A holder of a game licence may only sell or otherwise for consideration dispose of wild birds such as are included in Schedule III, to a holder of a licence as a dealer in game. (3) Any person who contravenes the provisions of this section is guilty of an offence. 47. (1) An applicant for a licence as a dealer of game must submit his application to the Chief Officer in Form C of Schedule VI. (2) The Chief Officer, after taking into account any opinion of the Veterinary Services of the Republic, and after receiving payment of the fee specified in the fourth column of Schedule VII in respect of the entry in the third column of that Schedule relating to section 47(2) (that is to say, this subsection), shall grant to such an applicant a licence as a dealer in game, in Form D of Schedule VI and such licence shall be valid for one year: Provided that the Chief Officer shall not grant such a licence to a person who has been convicted for an offence under the provisions of this Ordinance at any time during the five-year period ending on the date of the application for a licence. (3) The licence of a dealer in game shall be displayed by its holder in a conspicuous place at the place or premises specified in the licence for the sale or offering of game. (4) A holder of a licence as a dealer in game shall keep a book in which he shall enter truthfully and accurately the particulars set out in Form E of Schedule VI. (5) A holder of a licence as a dealer in game shall, if requested to do so by a police officer or by any other person appointed by the Chief Officer for the purposes of this section, produce for inspection the book which he is required to keep under subsection (4) above. (6) Any person who contravenes the provisions of subsection (3) above is guilty of an offence and on conviction is liable to imprisonment not exceeding two years or to a fine not exceeding two thousand pounds or to both such penalties. (7) Any person who contravenes the provisions of either subsection (4) or subsection (5) above is guilty of an offence. 48. (1) Subject to section 10, a person shall not cook, sell or serve at any premises any game or other species of wild fauna nor include any such game or other species of wild fauna in any description (whether on a menu or otherwise) of the food available at such premises. (2) Any person who at any premises (a) cooks, sells or serves any game or other species of wild fauna;

21 111 (b) permits any game or other species of wild fauna to be cooked, sold or served there; or (c) uses or permits the use of any menu on which appears the name or any other description of any game or other wild species of fauna, is guilty of an offence. (3) Any game warden or police officer may enter without a warrant any premises in which he has reasonable cause to believe that any game or other species of wild fauna is being cooked, sold or served in contravention of this Ordinance, and may confiscate such game or other species of wild fauna: Provided that entry to any dwelling may only be made with the consent of the occupier or in execution of a search warrant. (4) Where any offence is committed by any person under this section, then if that person is not the owner of the premises or the person for the time being having responsibility for the control or management of the premises, a like offence shall be treated as having been committed by such owner or person responsible for the control or management of the premises unless he satisfies the Court that he took all reasonable precautions to prevent the commission of the offence. (5) For the purposes of this section, premises includes any open-air place where game or any other species of wild fauna is sold or cooked for sale, or offered or prepared for sale or offered for human consumption. PART X PROHIBITIONS 49. (1) A person shall not carry a shot gun unless (a) within or upon any vehicle; (b) upon any animal; (c) in the game season during the hours that hunting is prohibited; (d) in any game reserve or temporary game reserve; or (e) during any close season, (i) in a case such as is described in paragraph (a), (b) or (c) above, the shot gun is dismantled and stored in a container; or (ii) in a case such as is described in paragraph (d) or (e) above, the shot gun is carried in accordance with the provisions of the Firearms Ordinance (2) Subject to the provisions of the Firearms Ordinance 1974 a person shall not carry any dismantled shot gun or any shot gun in a container, in or upon any vehicle or animal on any rural road, or on any un-metalled road at any time between sixty minutes before or sixty minutes after the hours when hunting is allowed: Provided that the Chief Officer may exempt from the provisions of this subsection a holder of a game licence on payment of the fee Restrictions on carrying a shot gun.

22 Schedule VII. Prohibitions on using cloth or rag as wadding or on using tracer bullets. Restrictions on capturing or keeping live game. Restrictions on introducing game and wild fauna into the environment. Taxidermy. Form F. Schedule VI. Schedule VII. 112 specified in the fourth column of Schedule VII in respect of the entry in the third column of that Schedule relating to section 49(2) (that is to say, this subsection) and the grant to him of a relevant licence subject to such conditions as are referred to in such licence. (3) Any person who contravenes the provisions of this section is guilty of an offence. 50. (1) Any person who uses as wadding any cloth or waste rag or tracer bullets whilst hunting is guilty of an offence. (2) Subject to subsection (1) above, the Chief Officer may, by order published in the Gazette, specify the form of cartridge, the form of shot that may be used in any cartridge, the area in which and the period when any description of cartridge may be used. (3) A person shall not shoot any pellet made of lead at any place which is at a distance of less than three hundred metres from a salt lake. (4) Any person who contravenes any provision of an order made under subsection (2) above or who contravenes subsection (3) above is guilty of an offence. 51. (1) Any person who captures, possesses or keeps in captivity any form of game or any other species of wild fauna is guilty of an offence. (2) Subsection (1) above does not apply to (a) any person authorised by the Chief Officer to perform any of the acts described in subsection (1) above for the purposes of re-stocking or of scientific research; or (b) any local authority, natural history museum, zoo or botanical garden acting under and in accordance with any conditions attached to a licence granted under this section by the Chief Officer. 52. (1) Any person who introduces into the environment any game without the permission of the Chief Officer is guilty of an offence. (2) Any person who introduces into the environment any species of wild fauna without the permission of the Chief Officer (who in considering whether to give his permission shall have regard to the opinion of the Scientific Committee or of such other environmental expert as he may appoint to advise him) is guilty of an offence. 53. (1) A person shall not stuff or keep any stuffed game or other species of wild fauna unless he holds a licence to do so in respect of the description of game or other species of wild fauna in question. (2) A person applying for a taxidermist s licence shall submit his application to the Chief Officer in Form F in Schedule VI. (3) The Chief Officer shall grant to an applicant for such a licence a taxidermist s licence (which shall be valid for one year) on receiving payment of the fee specified in the fourth column of Schedule VII in respect of the entry in the third column of that Schedule relating to section 53(3) (that is to say, this subsection).