Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698847550033.pdf (New Zealand)
Reprint as at 27 March 2008 Trade in Endangered Species Act 1989 Public Act Date of assent 1989 No 18 28 April 1989 Contents Title Short Title and commencement Object of Act Interpretation Act to bind the Crown No derogation from other enactments Administration Administration of Act Scientiﬁc authorities Minister’s general powers Page 4 4 4 4 7 7 7 8 8 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Department of Conservation 1 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Part 1 Trade in endangered, threatened, and exploited species Trade in endangered, threatened, or exploited species Application for permit or certiﬁcate Grant of permits and certiﬁcates Appeals to District Court on question of law Authority to trade in endangered species Permit to export endangered species Permit to import endangered species Certiﬁcate to re­export endangered species Certiﬁcate to introduce from the sea endangered species Authority to trade in threatened species Permit to export threatened species Permit to import threatened species Certiﬁcate to re­export threatened species Certiﬁcate to introduce from the sea threatened species Authority to trade in exploited species Permit to export exploited species Permit to import exploited species Certiﬁcate to re­export exploited species Certiﬁcate to introduce from the sea exploited species Permits and certiﬁcates Effect of permits and certiﬁcates Permit or certiﬁcate to be produced Control of arrivals from overseas Disposal and release of specimens seized from arrivals from overseas Part 2 Exemptions Certiﬁcate of acquisition Endangered species as personal or household effects Certiﬁcate for specimens bred in captivity or artiﬁcially propagated Scientiﬁc transfer Travelling circus or exhibition Certiﬁcate of capture in accordance with other treaties 9 9 10 10 11 12 12 13 13 14 14 14 15 16 16 16 16 17 17 18 19 20 20 21 21 22 9
Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 3 Endangered Species Ofﬁcers Endangered Species Ofﬁcers Authority to act as ofﬁcer Power of arrest Rights of entry Powers of search Application of Customs and Excise Act 1996 Seizure of endangered species traded in contravention of Act Power to seize vehicles and containers Director­General to retain seized vehicles and containers Proceedings to be prosecuted
 promptly and diligently Forfeiture of seized vehicles and containers Power of Court to order return of seized vehicle or container Effect of order for release of seized vehicle or container Custody of seized specimens Release of seized specimens Disposal of seized specimens Duty of ofﬁcers and employees of postal operators Part 4 Miscellaneous provisions Taking and analysis of samples of specimens Trading in endangered, threatened, or exploited species without permit or certiﬁcate Possession of specimens of endangered, threatened, or exploited species Failure to comply with conditions of permit or certiﬁcate Making false statements Obstructing or hindering ofﬁcer General offence Onus of proof in respect of certain offences Forfeiture of property on conviction Protection of ofﬁcers and others Schedules Regulations Consequential amendment 35 36 36A 37 38 38A 39 39A 39B 39C 39D 39E 39F 40 41 42 43 43A Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Schedule 1 Species endangered by trade Schedule 2 Species threatened by trade Schedule 3 Species exploited by trade 41 81 115 An Act to further the protection and conservation of endangered species of wild fauna and ﬂora by regulating the export and import of such species and any product derived from those species BE IT ENACTED by the Parliament of New Zealand as follows: Short
 Title and commencement This Act may be cited as the Trade in Endangered Species Act 1989.
This Act shall come into force on the 1st day of June 1989.

Object of Act The object of this Act is to enable New Zealand to fulﬁl its obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora and to promote the management, conservation, and protection of endangered, threatened, and exploited species to further enhance the survival of those species.
Interpretation In this Act, unless the context otherwise requires,— Aerodrome means any deﬁned area of land or water intended or designed to be used either wholly or partly for the landing, departure, movement, and servicing of aircraft, and includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the aerodrome or its administration 1 (1) (2) 2 3 (1) 4 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 s 3 of the Director­General Aircraft means any machine that can derive support in the atmosphere from the reaction of the air Animal means any member of the animal kingdom, including without limitation any mammal, ﬁsh, bird, amphibian, reptile, mollusc, arthropod, or other invertebrate, but does not include human beings Convention means the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed at Washington, DC, on the 3rd day of March 1973 Cruel treatment, in relation to any animal, means the inﬂiction upon the animal of pain or suffering that in its kind or degree, or in its object, or in the circumstances in which it is inﬂicted, is unreasonable or unnecessary Department means the Department of Conservation Director­General means Conservation Dwellinghouse means any building or part of a building that is suitable for residential accommodation of any kind; and includes every garage, shed, and other building used in connection therewith, but does not include the land appurtenant to a dwellinghouse Endangered species means any species endangered by trade, being the species speciﬁed in Schedule 1 to this Act Exploited species means any species exploited by trade, being the species speciﬁed in Schedule 3 to this Act Export means the shipment of any specimen in any vehicle to a country outside New Zealand; but does not include the re­export of any specimen or the shipment in transit of any specimen outside New Zealand Import means the shipment of any specimen in any vehicle into the territorial limits of New Zealand;
 but does not include the introduction from the sea of any specimen or the shipment in transit of any specimen into the territorial limits of New Zealand Introduce from the sea means introduce into New Zealand a specimen from any marine environment not under the jurisdiction of any country 5 s 3 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Management authority means,— (a) (b) In relation to New Zealand, the Director­General; and In relation to any other country, the management authority appointed by that country for the purposes of the Convention: Minister means the Minister of Conservation Ofﬁcer means an Endangered Species Ofﬁcer declared or appointed as such under section 35 of this Act Personal or household effect means any article of household or personal use or ornament Plant means any angiosperm, gymnosperm, fern, or fern ally; and includes any moss, liverwort, alga, including cyanophyte, lichen, fungus, or related organism Port means any deﬁned area of land and water intended or designed to be used either wholly or partly for the berthing, departure, movement, and servicing of ships; and includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the port or its administration Re­export means the export of any specimen that has previously been imported, whether or not in the same form as at the time of its importation Scientiﬁc authority means a scientiﬁc authority speciﬁed in section 7 of this Act Ship means any kind of vessel used in navigation, not propelled by oars only Species means any species, sub­species, variety, form, or geographically separate population thereof Specimen means— (a) (b) Any recognisable part or derivative thereof: Threatened species means any species threatened by trade, being the species speciﬁed in Schedule 2 to this Act Trade means export, import, re­export, or introduce from the sea Vehicle means any means of transport, whether or not that may travel by land,
 sea, or air; and self­propelled, includes any aircraft or ship.
Any animal or plant, whether alive or dead; or 6 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 6 s 6 (2) Every specimen of an endangered species,— In the case of an animal, bred in captivity; or (a) (b) In the case of a plant, artiﬁcially propagated— shall, for the purposes of this Act, be deemed a specimen of a threatened species.
(3) Any reference to the appropriate management or scientiﬁc authority shall mean the management or scientiﬁc authority to have statutory determined by the Director­General responsibility for or the scientiﬁc competence to comment on the species under consideration.
(4) Any reference to the relevant authority of a country shall be read as a reference,— (a) Where the country is a party to the Convention, to the appropriate management authority of that country; or (b) Where the country is not a party to the Convention, to the competent authorities of that country within the meaning of Article X of the Convention.
For the avoidance of doubt, it is declared that sections 17 to 20 apply to specimens of endangered species that are deemed, by virtue of subsection (2) of this section, to be specimens of threatened species.

Subsection (5) was inserted, as from 14 May 1998, by section 2 Trade in Endangered Species Amendment Act 1998 (1998 No 17).

Act to bind the Crown This Act shall bind the Crown.
No derogation from other enactments The provisions of this Act are in addition to and not in substitution for the provisions of any other Acts in relation to the export or import of, or trade in, any goods, and do not affect the exercise of any power in those Acts in relation to any item of goods.

Administration Administration of Act Subject to the control of the Minister, the Director­General shall be responsible for the general administration of this Act.
7 (5) 4 5 6 Part 6 s 7 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Scientiﬁc authorities For the purposes of this Act the Minister shall appoint a com­ mittee, to be known as the Scientiﬁc Authorities Committee, which shall consist of representatives of— (a) (b) The Department of Conservation: Such Crown Research Institute (within the meaning of the Crown Research Institutes Act 1992) as the Minister from time to time determines: The Ministry of Agriculture and Forestry: The Ministry of Fisheries or the National Institute of Water and Atmospheric Research, or both, as the Min­ ister determines: Such other person or body that the Minister deter­ mines,— (c) (d) (e) and shall be a scientiﬁc authority for the purposes of this Act.
The Scientiﬁc Authorities Committee may co­opt additional members and may delegate its function as a scientiﬁc authority to any subcommittee consisting of one or more members of the Committee, including co­opted members.

Subject to this Act, the Committee may regulate its procedure in such manner as it thinks ﬁt.

Subsection (1)(b) was substituted, as from 1 July 1992, by section 46(1) Crown Research Institutes Act 1992 (1992 No 47).
Subsection (1)(c), (d) and (e) was substituted, as from 7 May 1999, by section 2 Trade in Endangered Species Amendment Act 1999 (1999 No 50).
Minister’s general powers In addition to any other powers in this Act, the Minister shall have the following powers: (a) To conduct research and investigations into and surveys of species in New Zealand— (i) That are, or are likely to become, threatened with extinction; or The existence of which is likely to be affected,— (ii) by trade in specimens of those species: To disseminate information relating to the import and export of endangered, threatened, and exploited species.
(b) 7 (1) (2) (3) 8 8 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 1 s 10 9 10 (1) (2) Part 1 Trade in endangered, threatened, and exploited species Trade in endangered, threatened, or exploited species Subject to Part 2 of this Act, no person shall trade in any speci­ men of an endangered, threatened, or exploited species into or from New Zealand, except pursuant to the appropriate permit or certiﬁcate granted under this Part of this Act.
Application for permit or certiﬁcate Every person who proposes to trade in any specimen of an en­ dangered, threatened, or exploited species shall apply in writ­ ing to the Director­General for the appropriate permit or cer­ tiﬁcate that, if granted, would authorise that trade.
Every application shall specify— (a) (b) (c) The full name and address of the applicant: The type of trade to which the application relates: The species and the number of specimens of that species to be traded: The country to or from which the specimens are to be conveyed.

(d) (3) Except as the Director­General may decide, a separate appli­ cation shall be required for each consignment of specimens of an endangered, threatened, or exploited species.
(4) No person shall make an application under this section to trade in any specimen of an endangered, threatened, or exploited species where trade in that specimen is subject to controls under any other Act or regulations, unless authorisation in re­ spect of such trade has ﬁrst been obtained under that Act or those regulations.
Every applicant for a permit or certiﬁcate shall furnish to the Director­General, in addition to the particulars required under subsection (2) of this section, such further information as the Director­General may require.
(5) (5A) Without limiting the generality of subsection (5), every appli­ cant to whom that subsection applies must include, with every application for the export or re­export of a specimen in re­ spect of which application the Director­General has required 9 Part 1 s 11 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 (6) 11 (1) (2) any analysis to be carried out pursuant to section 43A, the re­ sults of such analysis.
Every applicant for a permit or certiﬁcate shall pay the pre­ scribed fee.

Subsection (5A) was inserted, as from 14 May 1998, by section 3 Trade in Endangered Species Amendment Act 1998 (1998 No 17).

Grant of permits and certiﬁcates Every permit or certiﬁcate granted under sections 13 to 24 of this Act shall relate to a speciﬁc application.
The Director­General may, at the Director­General’s discre­ tion, having regard to sections 13 to 24 of this Act,— (a) Grant such permit or certiﬁcate in respect of all or any of the specimens included in any application; or (b) Decline to grant any such application.
(4) (3) Where the Director­General is of the opinion that a permit or certiﬁcate should be declined or should be issued subject to conditions, the Director­General shall inform the applicant ac­ cordingly, giving the grounds on which the opinion is based, and invite the applicant to make submissions on the matter be­ fore the application is formally dealt with.

The Director­General may grant a permit or certiﬁcate either unconditionally or subject to such conditions as the Director­ General may specify.
Every such permit or certiﬁcate shall be in the form issued by the Department.

Every such permit or certiﬁcate may be revoked or varied at any time by the Director­General in any case where the Dir­ ector­General is satisﬁed that the conditions in the permit or certiﬁcate have not been complied with, or can only be met by varying the terms of the permit or certiﬁcate.
(6) (5) (7) Any person granted a permit or certiﬁcate may at any time surrender it by forwarding a written note to that effect, together with the permit or certiﬁcate, to the Director­General.
Appeals to District Court on question of law 12 (1) Any applicant for a permit or certiﬁcate who is dissatisﬁed with any decision of the Director­General under section 11 of 10 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 1 s 13 (2) (3) this Act on a question of law may, within one month after no­ tice of that decision has been received by the applicant, appeal to the District Court against that decision.
Every appeal under this section shall be heard and determined in accordance with rules of Court and this section.

The Court shall, as soon as practicable, hear the appeal, and may conﬁrm, reverse, or modify the decision of the Director­ General, or may refer the matter back to the Director­General in accordance with rules of Court, and may give any decision that the Director­General could have given in respect of the matter.
(4) Nothing in this section shall give the Court power to review any part of the Director­General’s decision other than the part against which the appellant has appealed.

Subject to any order of the Court, every decision of the Dir­ ector­General against which an appeal is lodged shall continue in force and have effect according to its tenor pending the de­ termination of the appeal.
(5) (6) On any appeal under this section, the Court may make an order for the payment by the Director­General, or by the appellant, of the costs incurred in respect of the appeal by the other party to the appeal.
Authority to trade in endangered species 13 Permit to export endangered species The Director­General may, after consultation with the appro­ priate other management authorities and scientiﬁc authorities, grant a permit to export any specimen of an endangered species to an applicant, if those authorities are satisﬁed that— The export of that specimen is not detrimental to the (a) survival of that species; and That specimen was not obtained in contravention of any Act; and That specimen is to be prepared and shipped so that the risk of— (i) (ii) Adverse effect on the health of the specimen; and Injury to the specimen; and (b) (c) 11 Part 1 s 14 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 (iii) In the case of an animal, cruel treatment of the specimen,— is minimised; and Permission to import that specimen has been granted by the relevant authority of the country of import.
(d) Permit to import endangered species The Director­General may, after consultation with the appro­ priate other management authorities and scientiﬁc authorities, grant a permit to import any specimen of an endangered species to an applicant, if those authorities are satisﬁed that— The import of that specimen is for purposes that are not (a) detrimental to the survival of that species; and The proposed recipient of that specimen is suitably equipped to house and care for it; and That specimen is not to be used primarily for commer­ cial purposes; and Permission to export or re­export that specimen will be granted by the relevant authority of the country of ex­ port or re­export.
(d) (b) (c) Paragraph (d) was amended, as from 14 May 1998, by section 4 Trade in En­ dangered Species Amendment Act 1998 (1998 No 17) by substituting the words “will be” for the words “has been”.
Certiﬁcate to re­export endangered species The Director­General may, after consultation with the ap­ propriate other management authorities grant a certiﬁcate to re­export any specimen of an endangered species to an applicant, if those authorities are satisﬁed that,— (a) In the case of that specimen being imported— (i) Before the commencement of this Act, that spe­ cimen was not imported in contravention of any Act; or (ii) After the commencement of this Act, that speci­ men was imported in accordance with this Act; and That specimen is to be prepared and shipped so that the risk of— (i) Injury to the specimen; and (b) 14 15 12 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 1 s 17 (ii) Adverse effect on the health of the specimen; and In the case of an animal, cruel treatment of the (iii) specimen— is minimised; and Permission to import that specimen has been granted by the relevant authority of the country of import.
(c) 16 17 Certiﬁcate to introduce from the sea endangered species The Director­General may, after consultation with the appro­ priate other management authorities and scientiﬁc authorities, grant a certiﬁcate to introduce into New Zealand from the sea any specimen of an endangered species to an applicant, if those authorities are satisﬁed that— (a) Injury to the specimen; and The introduction of that specimen is not detrimental to the survival of that species; and That specimen is to be handled so that the risk of— (i) (ii) Adverse effect on the health of the specimen; and In the case of an animal, cruel treatment of the (iii) specimen,— is minimised; and The proposed recipient of that specimen is suitably equipped to house and care for it; and That specimen is not to be used primarily for commer­ cial purposes; and That specimen was not obtained in contravention of any Act.
(b) (c) (d) (e) Authority to trade in threatened species Permit to export threatened species The Director­General may, after consultation with the appro­ priate other management authorities and scientiﬁc authorities, grant a permit to export any specimen of a threatened species to an applicant, if those authorities are satisﬁed that— (a) The export of that specimen is not detrimental to the survival of that species; and That specimen was not obtained in contravention of any Act; and (b) 13 Part 1 s 18 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 (c) Injury to the specimen; and That specimen will be prepared and shipped so that the risk of— (i) (ii) Adverse effect on the health of the specimen; and In the case of an animal, cruel treatment of the (iii) specimen,— is minimised.
Permit to import threatened species Any person who proposes to import any specimen of a threat­ ened species must present, before or at the time of import of the specimen, a permit to export or a certiﬁcate to re­export issued by the relevant authority of the country of export or re­export.

Section 18 was substituted, as from 14 May 1998, by section 5 Trade in Endan­ gered Species Amendment Act 1998 (1998 No 17).
Certiﬁcate to re­export threatened species The Director­General may, after consultation with the appro­ priate other management authorities and scientiﬁc authorities, grant a certiﬁcate to re­export any specimen of a threatened species to an applicant, if those authorities are satisﬁed that,— In the case of that specimen being imported,— (a) (i) Before the commencement of this Act, that spe­ cimen was not imported in contravention of any Act; or (b) (ii) After the commencement of this Act, that speci­ men was imported in accordance with this Act; and Injury to the specimen; and That specimen will be prepared and shipped so that the risk of— (i) (ii) Adverse effect on the health of the specimen; and In the case of an animal, cruel treatment of the (iii) specimen,— is minimised.
Certiﬁcate to introduce from the sea threatened species The Director­General may, after consultation with the appro­ priate other management authorities and scientiﬁc authorities, 18 19 20 14 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 1 s 21 grant a certiﬁcate to introduce from the sea any specimen of a threatened species to an applicant, if those authorities are sat­ isﬁed that— (a) Injury to the specimen; and The introduction of that specimen is not detrimental to the survival of that species; and That specimen is to be handled so that the risk of— (i) (ii) Adverse effect on the health of the specimen; and In the case of an animal, cruel treatment of the (iii) specimen,— is minimised; and That specimen was not obtained in contravention of any Act.
(b) (c) Authority to trade in exploited species Permit to export exploited species 21 (1) Where an application relates to any exploited species speciﬁed in any Order in Council made pursuant to subsection (2) of this section, the Director­General may, after consultation with the appropriate other management authorities and scientiﬁc authorities, grant a permit to export any specimen of that ex­ ploited species to the applicant, if those authorities are satisﬁed that— (a) That specimen was not obtained in contravention of any Act; and That specimen is to be prepared and shipped so that the risk of— (i) (ii) Adverse effect on the health of the specimen; and In the case of an animal, cruel treatment of the (iii) specimen— Injury to the specimen; and (b) is minimised.
(2) (3) The Governor­General may, from time to time, by Order in Council, specify any exploited species that have been included in Appendix III to the Convention at the request of the New Zealand Government.
In the case of any exploited species to which subsection (1) of this section does not apply, the Director­General may, after 15 Part 1 s 22 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 consultation with the appropriate management and scientiﬁc authorities, grant a certiﬁcate of origin in respect of any spe­ cimen of that exploited species to an applicant.
Permit to import exploited species Any person who proposes to import any specimen of an ex­ ploited species must present, before or at the time of import of the specimen, a permit to export or a certiﬁcate to re­ex­ port issued by the relevant authority of the country of export or re­export.

Section 22 was substituted, as from 14 May 1998, by section 6 Trade in Endan­ gered Species Amendment Act 1998 (1998 No 17).
Certiﬁcate to re­export exploited species The Director­General may, after consultation with the appro­ priate other management authorities and scientiﬁc authorities, grant a certiﬁcate to re­export any specimen of an exploited species to an applicant.
Certiﬁcate to introduce from the sea exploited species The Director­General may, after consultation with the appro­ priate other management authorities and scientiﬁc authorities, grant a certiﬁcate to introduce from the sea any specimen of an exploited species to an applicant.
Permits and certiﬁcates Effect of permits and certiﬁcates Except as the Director­General may determine, a permit or cer­ tiﬁcate shall authorise the holder to undertake on one occasion the type of trade to which the permit or certiﬁcate relates in only the specimen or specimens of endangered, threatened, or exploited species speciﬁed in that permit or certiﬁcate.

Every permit or certiﬁcate granted under any of sections 13 to 24 of this Act shall come into force on the date on which it was granted.
22 23 24 25 (1) (2) (3) Notwithstanding subsection (2) of this section, every permit or certiﬁcate shall remain in force for a period of 6 months, 16 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 1 s 27 or such lesser period as may be speciﬁed, unless it is sooner revoked or surrendered.

(4) A permit or certiﬁcate shall be personal to the holder, and shall not be transferable to or vest by operation of law in any person other than the holder.
26 27 (1) (2) Permit or certiﬁcate to be produced For the purposes of this Act, where the holder of a permit or certiﬁcate undertakes the trade in accordance with that permit or certiﬁcate, the holder shall— (a) (b) Before, in the case of exporting or re­exporting; or Before or at the time of importation or introduction, in the case of importing or introducing from the sea— produce the permit or certiﬁcate, or cause the permit or certiﬁ­ cate to be produced, to an Endangered Species Ofﬁcer, being an ofﬁcer of Customs or, if no ofﬁcer of Customs is available, to any other Endangered Species Ofﬁcer.
Control of arrivals from overseas Every person shall, on arriving in New Zealand, permit a Cus­ toms ofﬁcer or any other Endangered Species Ofﬁcer to in­ spect and examine any specimen of an endangered, threatened, or exploited species in that person’s possession as part of that person’s personal effects or baggage, and shall afford to that ofﬁcer all reasonable facilities and assistance in carrying out any such inspection and examination, and shall produce any permit or certiﬁcate granted under this Part or Part 2 of this Act in respect of that specimen.
Subject to section 30 of this Act, where any person is found to be in possession of any specimen of an endangered, threat­ ened, or exploited species, or a specimen that an Endangered Species Ofﬁcer has reasonable cause to believe or suspect may be of an endangered, threatened, or exploited species, and has not been granted a permit or certiﬁcate in respect of that spe­ cimen under this Part or Part 2 of this Act, that person shall— (a) (b) (c) Surrender the specimen to an ofﬁcer; and State to the ofﬁcer his or her full name; and In the case of— 17 Part 1 s 28 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 (i) New Zealand citizens and permanent residents, state his or her address: (ii) Visitors to this country, state an address at which he or she may be contacted and his or her per­ manent address outside New Zealand— where that person has voluntarily disclosed the presence of the specimen to the ofﬁcer as soon as practicable after the specimen arrives in New Zealand, for the purposes of this Act, he or she shall be taken not to have imported that specimen.
(4) (3) Any specimen surrendered to an ofﬁcer under subsection (2) of this section shall be conveyed to any institution or place con­ sidered by the Director­General appropriate for the holding of that specimen.

If any specimen surrendered to an ofﬁcer under subsection (2) of this section is subsequently ascertained not to be a spe­ cimen of an endangered, threatened, or exploited species, it shall be released to the person who surrendered the specimen.
Subsection (1) was amended, as from 12 August 1991, by section 2 Trade in Endangered Species Amendment Act 1991 (1991 No 100), by substituting the words “Every person” for the words “Every such person”.

Subsection (1) was amended, as from 1 October 1996, by section 289(1) Cus­ toms and Excise Act 1996 (1996 No 27) by substituting the words “Customs ofﬁcer” for the words “ofﬁcer of the Customs”.
28 Disposal and release of specimens seized from arrivals from overseas (1) Where any New Zealand citizen or permanent resident or intending resident surrenders a specimen of an endangered, threatened, or exploited species under section 27(2) of this Act, that specimen shall be forfeited to the Crown and shall be disposed of in accordance with section 42 of this Act.
(2) Any visitor to New Zealand who surrenders a specimen under section 27(2) of this Act may apply to the Director­General for the specimen to be returned to the visitor when the visitor leaves New Zealand.
Subject to subsection (4) of this section, the Director­General shall consider any application under subsection (2) of this sec­ tion as expeditiously as possible and the specimen shall be dealt with as follows: (3) 18 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 2 s 29 (a) (b) If the Director­General grants the application, the De­ partment shall take all reasonable steps to enable the applicant to take the specimen from the aerodrome or port at which the visitor surrendered the specimen, if and when the visitor leaves New Zealand: If the Director­General declines the application, that specimen shall be forfeited to the Crown and shall be disposed of in accordance with section 42 of this Act.
(4) Any specimen that has been surrendered in accordance with this section shall not be released under subsection (2) or sub­ section (3)(a) of this section to the person who had possession of it at the time of surrender, until that person has paid all costs and expenses incurred by the Crown in relation to the custody of the specimen, including any costs of transporting the speci­ men.
Section 28 was substituted, as from 12 August 1991, by section 3 Trade in En­ dangered Species Amendment Act 1991 (1991 No 100).

Part 2 Exemptions 29 (1) (2) (3) Certiﬁcate of acquisition Every person seeking to export or re­export a specimen of an endangered, threatened, or exploited species that was legally acquired before the provisions of this Act applied to that spe­ cimen shall apply in writing to the Director­General for a cer­ tiﬁcate of acquisition.
The Director­General may, after (if necessary) consultation with the appropriate other management authority, issue a cer­ tiﬁcate of acquisition to any applicant if the management au­ thority is satisﬁed that the specimen to which the application relates was legally acquired before the provisions of this Act applied to that specimen.

Part 1 of this Act shall not apply to any person who has been issued with a certiﬁcate of acquisition under subsection (2) of this section.
(4) Notwithstanding subsection (3) of this section, sections 9, 10, and 25 of this Act shall, with all necessary modiﬁcations, apply to a certiﬁcate of acquisition.

19 Part 2 s 30 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Endangered species as personal or household effects Except as provided in subsection (2) of this section, Part 1 of this Act shall not apply to any specimen of an endangered, threatened, or exploited species that is a personal or household effect.
Part 1 of this Act shall apply to any specimen that is a personal or household effect being imported into New Zealand where— The specimen is of an endangered or threatened species (a) acquired by the owner outside New Zealand; or The specimen is of an endangered, threatened, or ex­ ploited species that is imported for primarily commer­ cial reasons,— (b) unless that specimen is accompanied by a certiﬁcate of acqui­ sition or a certiﬁcate of exemption issued by the appropriate other management authority.
Subsection (2) was amended, as from 14 May 1998, by section 7(a) Trade in Endangered Species Amendment Act 1998 (1998 No 17) by omitting the words “by a person resident in New Zealand”.
Subsection (2) was amended, as from 14 May 1998, by section 7(a) Trade in Endangered Species Amendment Act 1998 (1998 No 17) by substituting the words “unless that specimen is accompanied by a certiﬁcate of acquisition or a certiﬁcate of exemption issued by the appropriate other management authority” for the words “unless that specimen was acquired before the provisions of this Act applied to such specimens”.
Certiﬁcate for specimens bred in captivity or artiﬁcially propagated Every person seeking to export or re­export a specimen of any species speciﬁed in Schedule 2 or Schedule 3 to this Act that— In the case of an animal, was bred in captivity; or (a) In the case of a plant, was artiﬁcially propagated; or (b) Is a recognisable part or derivative of such a speci­ (c) men— shall apply in writing to the Director­General for a certiﬁcate for specimens bred in captivity or artiﬁcially propagated.
The Director­General may, after (if necessary) consultation with the appropriate other management authority, issue a cer­ tiﬁcate for specimens bred in captivity or artiﬁcially propa­ gated to an applicant if the Director­General is satisﬁed that the specimen to which the application relates was bred in cap­ 30 (1) (2) 31 (1) (2) 20 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 2 s 33 (3) (4) 32 tivity, or as the case may be, was artiﬁcially propagated, or is a recognisable part or derivative of such a specimen.
For the purposes of trade, a certiﬁcate for specimens bred in captivity or artiﬁcially propagated shall be accepted in lieu of any of the permits or certiﬁcates granted under any of sections 17 to 24 of this Act.

For the purpose of this section, sections 9, 10, and 25 of this Act shall, with all necessary modiﬁcations, apply to a certiﬁ­ cate for specimens bred in captivity or artiﬁcially propagated.
Subsection (1) was amended, as from 12 August 1991, by section 4(1) Trade in Endangered Species Amendment Act 1991 (1991 No 100), by substituting the words “any species speciﬁed in Schedule 2 or Schedule 3 to this Act” for the words “an endangered, threatened, or exploited species”.

Subsection (2) was amended, as from 14 May 1998, by section 8 Trade in En­ dangered Species Amendment Act 1998 (1998 No 17) by substituting the words “Director­General” for the words “other management authority’”.
Subsection (3) was amended, as from 12 August 1991, by section 4(2) of the same Act by substituting the expression “17” for the expression “13”.
Scientiﬁc transfer Part 1 of this Act shall not apply to the non­commercial loan, donation, or exchange between scientists or scientiﬁc institu­ tions in New Zealand recognised by the Director­General and scientists or scientiﬁc institutions in other States recognised by the relevant authorities of those States, of— (a) Herbarium and other preserved, dried, or embedded plants: Live plants: Preserved animals, and skins of animals: Live animals,— (b) (c) (d) that are specimens of an endangered, threatened, or exploited species and which carry a label issued or approved by the Dir­ ector­General.
33 Travelling circus or exhibition The Director­General may, after (if necessary) consultation with the appropriate other management authority, waive the re­ quirement of holding a permit or certiﬁcate granted under Part 1 of this Act in respect of any specimens of an endangered, threatened, or exploited species that form part of a travelling 21 Part 2 s 34 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 (b) (c) zoo, circus, menagerie, plant exhibition, or other travelling ex­ hibition where— (a) (ii) The exporter or importer registers full details of such specimens with the Director­General; and The specimens were— (i) Acquired before the provisions of the Conven­ tion applied to those specimens; or In the case of animals, bred in captivity, or in the case of plants, artiﬁcially propagated; and That management authority is satisﬁed that any living specimen will be transported and cared for so that the risk of— (i) (ii) Adverse effect on the health of the specimen; and In the case of an animal, cruel treatment of the (iii) specimen,— Injury to the specimen; and is minimised.
Certiﬁcate of capture in accordance with other treaties Subject to subsection (2) of this section, Part 1 of this Act shall not apply to trade in any marine specimen of a threatened species that is taken— (a) By any ship registered in New Zealand or by any for­ eign ﬁshing craft licensed under the Territorial Sea and Exclusive Economic Zone Act 1977; and In accordance with any international agreement to which New Zealand was a party before the commence­ ment of this Act.
(b) Every person who introduces any such marine specimen into New Zealand and wants to subsequently export that specimen shall apply in writing to the Director­General for a certiﬁcate of capture in accordance with other treaties.
The Director­General may, after (if necessary) consultation with the appropriate other management authority, issue a cer­ tiﬁcate of capture in accordance with other treaties to an ap­ plicant if the other management authority is satisﬁed that the specimen, to which the application relates, was taken— 34 (1) (2) (3) 22 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 3 s 36 (a) (b) By any ship registered in New Zealand or by any for­ eign ﬁshing craft licensed under the Territorial Sea and Exclusive Economic Zone Act 1977; and In accordance with any international agreement to which New Zealand was a party before the commence­ ment of this Act.
(4) For the purposes of this section, sections 9, 10, and 25 of this Act shall, with all necessary modiﬁcations, apply to a certiﬁ­ cate of capture in accordance with other treaties.

Part 3 Endangered Species Ofﬁcers 35 (1) Endangered Species Ofﬁcers Every inspector appointed under the Ministry of Agriculture and Fisheries Act 1953 or the Biosecurity Act 1993 and every Customs ofﬁcer shall be an Endangered Species Ofﬁcer for the purposes of this Act.
(2) Notwithstanding subsection (1) of this section, there may from time to time be appointed pursuant to the State Sector Act 1988 such other persons to be Endangered Species Ofﬁcers as may be required for the purposes of this Act.

Subsection (1) was substituted, as from 1 October 1993, by 168(1).

Biosecurity Act 1993 (1993 No 95).


Subsection (1) was amended, as from 1 October 1996. by section 289(1) Cus­ toms and Excise Act 1996 (1996 No 27) by substituting the words “Customs ofﬁcer” for the words “ofﬁcer of Customs”.

36 (1) (2) Authority to act as ofﬁcer The Director­General shall issue to any ofﬁcer appointed under section 35(2) of this Act a warrant authorising the ofﬁcer to exercise the powers conferred on ofﬁcers under this Part of this Act.
Every such warrant shall contain— (a) (b) (c) A reference to this section; and The full name of the ofﬁcer; and A reference to the powers set out in sections 37 to 39 of this Act.
(3) The production by an ofﬁcer of— (a) A warrant issued under this section; or 23 Part 3 s 36A Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 (b) Due evidence of the appointment of the ofﬁcer as an Inspector under the Animals Act 1967, or the Ministry of Agriculture and Fisheries Act 1953, or the Plants Act 1970; or Any evidence that the ofﬁcer is an ofﬁcer of Customs— (c) shall, until the contrary is proved, be sufﬁcient authority for any such ofﬁcer to do anything authorised by this Part of this Act.
Every person appointed under section 35(2) of this Act who ceases to hold ofﬁce as an ofﬁcer shall surrender to the Dir­ ector­General the warrant issued to the person under subsec­ tion (1) of this section.

Every person commits an offence against this Act who fails to comply with subsection (4) of this section.

Subsection (1) was amended, as from 12 August 1991, by section 6 Trade in Endangered Species Amendment Act 1991 (1991 No 100) by substituting the word “Director­General” for the word “Secretary”.
(4) (5) 36A Power of arrest (1) Any ofﬁcer or any member of the Police may arrest and take into custody without a warrant any person whom he or she has good cause to suspect of having committed an offence against this Act.

(2) Where any ofﬁcer arrests any person under the power con­ ferred by subsection (1) of this section, he or she shall as soon as practicable call a member of the Police to his or her aid and deliver the arrested person into the custody of that member of the Police.
(3) Any person called upon to do so by any person referred to in subsection (1) of this section is justiﬁed in assisting him or her in good faith to arrest any person.

Section 36A was inserted, as from 12 August 1991, by section 5 Trade in En­ dangered Species Amendment Act 1991 (1991 No 100).
Rights of entry Subject to section 38(2) of this Act and notwithstanding any other Act, any ofﬁcer who has reasonable grounds to believe that a breach of this Act or of any regulation made under it has been or is being committed, may at any time— 37 (1) 24 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 3 s 37 (a) (b) (c) (d) Stop and enter or board any vehicle: Enter, pass across, or remain on any land or premises (including a dwellinghouse and a marae and a building associated with a marae): Demand any information relating to that breach from any person in or on that vehicle, land, or premises and require such persons to produce— (i) Any permit or certiﬁcate granted under this Act; and (ii) Any other documents relating to trade in endan­ gered species.
For the purpose of such analysis as the Director­Gen­ eral considers necessary to determine whether a breach of this Act or of any regulation made under it has oc­ curred, take samples, subject to subsection (7), from any specimen in any vehicle or on any land or premises (in­ cluding a dwellinghouse or a marae or any building as­ sociated with a marae) where the ofﬁcer has reasonable grounds to believe that such specimen is evidence that a breach of this Act or of any regulation made under it has been or is being committed.
(3) (2) Notwithstanding subsection (1) of this section, no ofﬁcer shall enter any dwellinghouse or a marae or a building associated with a marae or, in the case of the exercise of the power under subsection 1(d), any other land or premises unless the ofﬁcer is authorised in that behalf by a search warrant obtained under section 38(2) of this Act.
Every ofﬁcer exercising a power to enter under subsection (1) of this section shall identify himself or herself and have with him or her due evidence of his or her appointment and shall produce that evidence to the owner or occupier or, as the case may be, person in charge of the vehicle, land, or premises— (a) If practicable, on ﬁrst entering the vehicle or on the land or premises; and (b) Whenever subsequently reasonably required to do so by that owner or occupier or person in charge.
(4) If an ofﬁcer exercises a power to enter under subsection (1) of this section, written advice of the entry and the purpose of the 25 Part 3 s 38 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 entry shall be given to the owner or occupier or, as the case may be, person in charge of the vehicle, land, or premises as soon as practicable after that entry where— (a) No prior notice or agreement of the entry was given or made; and That owner or occupier or person in charge was not present at the time of entry.
(b) (5) No person shall be required to answer any question by an ofﬁ­ cer if the answer would or could tend to incriminate that per­ son.

(6) Any ofﬁcer lawfully exercising his or her powers under this section may make or take copies of any document, and for this purpose may take possession of and remove from the place where it is kept, for such period of time as is reasonable in the circumstances, any such document.
Every ofﬁcer proposing to take a sample under subsection (1)(d) from any live animal— (a) Must do so either personally or, where requested by the owner or person in charge of the animal, by instructing a veterinary surgeon to do so; and (7) (b) Must make every effort to avoid unnecessary disturb­ ance of the animal, including, with respect to an ani­ mal which is secured within an enclosure, exercising his or her powers only during the hours of daylight except where the ofﬁcer judges that there will be less disturb­ ance to the animal if the powers are exercised outside those hours.
Subsection (1)(d) was inserted, as from 14 May 1998, by section 9(a) Trade in Endangered Species Amendment Act 1998 (1998 No 17).

Subsection (2) was amended, as from 14 May 1998, by section 9(b) Trade in Endangered Species Amendment Act 1998 (1998 No 17) by inserting the words “or, in the case of the exercise of the power under subsection 1(d), any other land or premises”.

Subsection (7) was inserted, as from 14 May 1998, by section 9(c) Trade in Endangered Species Amendment Act 1998 (1998 No 17).
Powers of search Subject to subsection (2) of this section, any ofﬁcer who has entered any vehicle, land, or premises (including a dwelling­ house and a marae and a building associated with a marae) 38 (1) 26 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 3 s 38A under section 37(1) of this Act may search that vehicle, land, or premises and open (by force if necessary) any bulk cargo container, packing case, crate, box, or any other form of re­ ceptacle on that vehicle, land, or premises.
(2) Any District Court Judge or Justice of the Peace or Community Magistrate or Registrar of any Court (not being a member of the Police), who, on application by an ofﬁcer in writing made on oath, is satisﬁed that there is in any dwellinghouse or any marae or a building associated with a marae— (a) Any specimen of an endangered, threatened, or ex­ ploited species that there is reasonable ground to believe— (i) Has been traded otherwise than in accordance with this Act; or Is intended to be traded otherwise than in accord­ ance with this Act; or (ii) (b) Any thing which there is reasonable ground to believe may be evidence of the commission of any offence against this Act; or Any thing which there is reasonable ground to believe is intended to be used for the purpose of committing any such offence— (c) may issue a search warrant to that ofﬁcer; and the provisions of subsections (3) to (8) of section 198 of the Summary Proceedings Act 1957 shall apply accordingly.
(3) A search warrant is also required pursuant to subsection (2) of this section in the case of entry to any other land or premises for the purpose of the exercise of the power under section 37(1)(d).

Subsection (2) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting the words “or Community Magistrate”.

Subsection (3) was inserted, as from 14 May 1998, by section 10 Trade in En­ dangered Species Amendment Act 1998 (1998 No 17).
38A Application of Customs and Excise Act 1996 Sections 149A, 149B, 149C(1) and (2), 149D, 160, and 161 of the Customs and Excise Act 1996 shall apply in relation to the importation or exportation of any endangered, threatened or exploited species as if such endangered, threatened, or ex­ 27 Part 3 s 39 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 ploited species were a prohibited import or prohibited export within the meaning of that Act.
Section 38A was inserted, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27).

Section 38A was amended, as from 9 October 2002, by section 47(4)(b) Cus­ toms and Excise Amendment Act 2004 (2004 No 55) by substituting the ex­ pression “149A, 149B, 149C(1) and (2), 149D,” for the expression “149”.
39 Seizure of endangered species traded in contravention of Act (1) Where an ofﬁcer ﬁnds, in or on any ship or aircraft or at any port, aerodrome, transitional facility, or Customs controlled area, any specimen of an endangered, threatened, or exploited species that— (a) Is being traded otherwise than in accordance with this Act; or Is not listed on the inward or outward report in respect of that ship or aircraft,— (b) that specimen shall be forfeit to the Crown, and shall be seized by the ofﬁcer who shall dispose of it in accordance with section 42 of this Act.
(2) Any ofﬁcer who has reasonable cause to believe that any spe­ cimen of an endangered, threatened, or exploited species has been imported or introduced from the sea into New Zealand otherwise than in accordance with this Act, may seize that spe­ cimen and,— (a) In the case of an animal, any descendant of that speci­ men; or In the case of a plant, any propagation of that speci­ men,— (b) and shall deliver it into the custody of the Director­General.
(3) Any ofﬁcer who has reasonable cause to believe that any spe­ cimen of an endangered, threatened, or exploited species is in­ tended to be exported or re­exported from New Zealand other­ wise than in accordance with this Act, may seize that specimen and shall deliver it into the custody of the Director­General.
28 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 3 s 39A (4) Any ofﬁcer seizing any specimen under this section may also seize— (a) Any container, packing case, crate, box, or any other form of receptacle (not being a bulk cargo container or a pallet) holding that specimen; and (b) Any thing which the ofﬁcer has reason to believe will be evidence of a breach of the provisions of this Act or of any regulation made under it,— and shall deliver it into the custody of the Director­General: Provided that the owner or the person entitled to the posses­ sion of the items seized under this subsection may apply to the District Court at any time for the return of those items, not be­ ing items that are required for evidential purposes in a hearing of any Court, and the Court may order the retention of those items or their return on such conditions as the Court thinks ﬁt.
(5) No compensation shall be payable in respect of any specimen (6) seized under subsection (1) of this section.

For the purposes of subsection (1),— Customs controlled area has the meaning given to it in sec­ tion 2(1) of the Customs and Excise Act 1996 transitional facility has the meaning given to it in section 2(1) of the Biosecurity Act 1993.

Section 39(1): amended, on 20 September 2007, by section 4(1) of the Trade in Endangered Species Amendment Act 2007 (2007 No 85).
Section 39(6): added, on 20 September 2007, by section 4(2) of the Trade in Endangered Species Amendment Act 2007 (2007 No 85).
39A Power to seize vehicles and containers Any ofﬁcer may stop and seize any vehicle on the ground or in water, or stop in transit and seize any parcel, package, case, bag, luggage, or other container, if the ofﬁcer reasonably be­ lieves either— (a) That the vehicle or container contains any endangered, threatened, or exploited species; or That the vehicle or container— (i) Is in the possession of a person who has commit­ ted an offence against this Act; and (b) (ii) Has been used in connection with the commis­ sion of an offence against this Act.
29 Part 3 s 39B Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Sections 39A­39F were inserted, as from 12 August 1991, by section 7 Trade in Endangered Species Amendment Act 1991 (1991 No 100).
(2) 39B Director­General to retain seized vehicles and containers Subject to section 39E of this Act, where any vehicle or con­ (1) tainer is seized under section 39A of this Act, it shall, pending any criminal proceedings under this Act against the owner or any person in possession of the vehicle or container, be re­ tained by the Director­General.
If at any time following the seizure of any vehicle or container under section 39A of this Act (not being a vehicle or container that has been forfeited to the Crown) it appears to the Director­ General that the ofﬁcer who seized the vehicle or container is unable to establish clearly that he or she had the reasonable belief necessary to exercise that power, the Director­General shall immediately release the vehicle or container from his or her custody.
The Director­General shall exercise reasonable care of any property while it is retained in his or her custody under sub­ section (1) of this section.

Sections 39A­39F were inserted, as from 12 August 1991, by section 7 Trade in Endangered Species Amendment Act 1991 (1991 No 100).
(3) (2) 39C Proceedings to be prosecuted promptly and diligently (1) Proceedings in respect of an offence against this Act shall be commenced promptly and prosecuted with due diligence if they arise in connection with the use of any vehicle or con­ tainer seized under section 39A of this Act.
If no proceedings are taken in respect of the offence concerned within 6 months of the seizure under section 39A of this Act of any vehicle or container, or if the proceedings concerned are discharged or dismissed, the vehicle or container shall be released from the custody of the Director­General.

Sections 39A­39F were inserted, as from 12 August 1991, by section 7 Trade in Endangered Species Amendment Act 1991 (1991 No 100).
39D Forfeiture of seized vehicles and containers (1) On the conviction of any person for any offence against this Act, any vehicle or container retained in respect of that offence 30 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 3 s 39E under section 39B(1) of this Act may, on the order of the Court, be forfeited to the Crown; and, in that case, the vehicle or container shall be disposed of as the Minister thinks ﬁt.
(2) Any person whose property has been forfeited to the Crown under this section or any person having a legal or equitable interest in any such property (not being, in either case, a per­ son convicted of an offence out of which the forfeiture arose) may apply to the Minister, within 30 days of the conviction concerned, for the release of the property forfeited; and the Minister may order the release of the property on payment to the Crown of any amount the Minister thinks appropriate, be­ ing an amount not exceeding the amount the items forfeited are estimated by the Director­General to be likely to realise if sold by public auction in New Zealand.
In considering whether to order the release of any property on payment of an amount under subsection (2) of this section, the Minister shall have regard to— (a) (3) The relationship between the person applying for re­ lease of the property and the person convicted of the offence; and The extent to which it was foreseeable that the property would be used in connection with the commission of an offence against this Act when it was placed in the possession of the offender.
(b) (4) Any forfeiture ordered under this section shall be in addition to, and not in substitution for, any other penalty that may be imposed.

Sections 39A­39F were inserted, as from 12 August 1991, by section 7 Trade in Endangered Species Amendment Act 1991 (1991 No 100).
39E Power of Court to order return of seized vehicle or container (1) Where any vehicle or container is seized under section 39A of this Act, any person claiming to be entitled to possession of the vehicle or container may at any time apply to a District Court Judge for an order that it be delivered to that person.
(2) On an application under subsection (1) of this section, a Dis­ trict Court Judge may— 31 Part 3 s 39F Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 (a) Adjourn the application, on such terms and conditions as he or she thinks ﬁt, to enable proceedings to be brought or completed; or (b) Make an order for the return of the vehicle or container to the applicant, on such terms and conditions as he or she thinks ﬁt.
(3) Nothing in this section applies to any vehicle or container if a Court has ordered under section 39D(1) of this Act that it be forfeited to the Crown.

Sections 39A­39F were inserted, as from 12 August 1991, by section 7 Trade in Endangered Species Amendment Act 1991 (1991 No 100).
39F Effect of order for release of seized vehicle or container Where the Minister makes an order under section 39D(2) of this Act in respect of a vehicle or container that has been for­ feited to the Crown, the forfeiture order made in respect of that vehicle or container shall cease to have effect.

Sections 39A­39F were inserted, as from 12 August 1991, by section 7 Trade in Endangered Species Amendment Act 1991 (1991 No 100).
Custody of seized specimens 40 (1) Where, in the opinion of the Director­General, any specimen seized pursuant to subsection (2) or subsection (3) of section 39 of this Act may die, rot, spoil, or otherwise perish, the Dir­ ector­General may dispose of it in accordance with section 42(1) of this Act as if that specimen was forfeit to the Crown.
(2) Where the ownership of— (a) Any specimen seized pursuant to subsection (2) or sub­ section (3) of section 39 of this Act; or (b) Any receptacle or thing seized pursuant to section 39(4),— cannot, at the time of seizure or within 90 days from the date of seizure, be ascertained it shall be forfeit to the Crown, and— In the case of a specimen, be disposed of in accordance (c) with section 42 of this Act; or In the case of a receptacle or thing, be disposed of as directed by the Director­General, subject to any condi­ tions imposed by the Court pursuant to the proviso to subsection (4) of section 39 of this Act.
(d) 32 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 3 s 41 (3) (4) 41 Except as provided in subsections (1) and (2) of this section,— Every specimen seized pursuant to subsection (2) or (a) subsection (3) of section 39 of this Act; and Every receptacle or thing seized pursuant to section 39(4)— (b) shall be held in the custody of the Crown until— (c) A decision is made not to lay any information or charge in respect of the alleged offence for which the specimen, receptacle, or thing was seized; or (d) Where such a charge or information is laid, upon the completion of proceedings in respect of the alleged of­ fence for which the specimen, receptacle, or thing was seized, or such sooner time as the Court may determine.
The decision whether or not to lay any information or charge in respect of an alleged offence for which any specimen, re­ ceptacle, or thing is seized under section 39 shall be made as soon as reasonably practicable after that specimen, receptacle, or thing is seized, taken possession of, or detained.

Subsection (2)(b) was amended, as from 17 May 2005, by section 3(1) Trade in Endangered Species Amendment Act 2005 (2005 No 71) by substituting the expression “section 39(4)” for the words “this section”.
Subsection (3)(b) was amended, as from 17 May 2005, by section 3(2) Trade in Endangered Species Amendment Act 2005 (2005 No 71) by substituting the expression “section 39(4)” for the words “this section”.

Subsection (4) was amended, as from 17 May 2005, by section 3(3) Trade in Endangered Species Amendment Act 2005 (2005 No 71) by substituting the expression “section 39” for the words “this section”.
Release of seized specimens Subject to subsection (1) of section 39 and subsections (1) and (2) of section 40 of this Act, where any specimen, receptacle, or thing has been seized under section 39 of this Act and not previously returned by the Court pursuant to the proviso to subsection (4) of section 39 of this Act, then— (a) On a decision being made not to lay an information or charge; or (b) On the acquittal of any person charged with an offence for which the specimen, receptacle, or thing is subject to forfeiture— 33 Part 3 s 42 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 such specimen, receptacle, or thing shall forthwith be released from the custody of the Crown to the owner or person who had possession of the specimen, receptacle, or thing at the time of seizure.
Section 41 was amended, as from 12 August 1991, by section 8 Trade in Endan­ gered Species Amendment Act 1991 (1991 No 100) by substituting the words “under section 39 of this Act” for the words “under this section”.

Section 41 was amended, as from 17 May 2005, by section 4 Trade in Endan­ gered Species Amendment Act 2005 (2005 No 71) by inserting the words “, receptacle, or thing” after the word “specimen” where it last appears.
Disposal of seized specimens 42 (1) Any specimen of an endangered, threatened, or exploited species forfeited to the Crown shall be disposed of in such manner as the Director­General may direct, after consultation with the relevant scientiﬁc and management authorities.
The Director­General may negotiate the return, and the pay­ ment of any costs associated with that return, of any specimen imported into New Zealand, otherwise than in accordance with this Act, with the management authority of the country from where that specimen originated.
(2) (3) All costs and expenses of and attendant upon any disposal of a specimen forfeited to the Crown and seized under section 39(1) of this Act shall be borne by the owner or the person who had possession thereof, and shall be recoverable from him or her as a debt due to the Crown, and no compensation shall be payable in respect thereof.
(4) Notwithstanding sections 39(1), 40(1) and (2) and section 51(1) of this Act, any specimen of an endangered, threatened, or exploited species seized under section 39 of this Act that is deemed to be the property of the Crown under section 57 of the Wildlife Act 1953 shall be disposed of in accordance with that Act.

Subsection (3) was amended, as from 17 May 2005, by section 5 Trade in En­ dangered Species Amendment Act 2005 (2005 No 71) by substituting the word “attendant” for the word “attendent”.
Duty of ofﬁcers and employees of postal operators It is the duty of all ofﬁcers and employees of every postal op­ erator within the meaning of the Postal Services Act 1998 to 43 (1) 34 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 4 s 43A assist in carrying out the provisions of this Part and to prevent the import into and export from New Zealand of any specimen of an endangered, threatened, or exploited species otherwise than in accordance with this Act.
(2) Where any postal article (within the meaning of the Postal Services Act 1998) is delivered, pursuant to section 10(2)(c) of that Act, to the Director­General or to such other person as the Director­General has directed, the provisions of this Act, so far as applicable and with all necessary modiﬁcations, apply as if the postal article had been seized, pursuant to subsection (2) or subsection (3) of section 39 of this Act (whichever sub­ section is applicable), on the date on that delivery.
Section 43 was substituted, as from 1 April 1998, by section 62(1) Postal Ser­ vices Act 1998 (1998 No 2).

See clause 2 Postal Services Act Commencement Order 1998 (SR 1998/49).
Part 4 Miscellaneous provisions 43A Taking and analysis of samples of specimens (1) Where, in any application made under this Act, a question arises as to whether a specimen of any animal has been bred in captivity and the Director­General has reasonable cause to suspect that the specimen has not been bred in captivity, the Director­General may, prior to making a decision on the ap­ plication, require that any specimen be subject to the taking of such samples for the purpose of such analysis as the Dir­ ector­General considers necessary to determine whether the specimen concerned has been bred in captivity.
Subject to subsection (3), such samples are to be taken by and under the supervision of such person or persons as the Dir­ ector­General speciﬁes.

Every such sample from a live animal must be taken by a vet­ erinary surgeon where requested by the owner or person in charge of the animal.

The Director­General may require an applicant to bear the cost of taking and analysis of samples required pursuant to this sec­ tion.
Section 43A was inserted, as from 14 May 1998, by section 11 Trade in Endan­ gered Species Amendment Act 1998 (1998 No 17).
(3) (4) (2) 35 Part 4 s 44 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Trading in endangered, threatened, or exploited species without permit or certiﬁcate Every person commits an offence who— (a) Trades in any specimen of an endangered species with­ out the appropriate permit or certiﬁcate granted under any of sections 13 to 16 of this Act; or Trades in any specimen of a threatened species without the appropriate permit or certiﬁcate granted under any of sections 17 to 20 of this Act; or Trades in any specimen of an exploited species without the appropriate permit or certiﬁcate granted under any of sections 21 to 24 of this Act.
(b) (c) Every person who commits an offence against subsection (1)(a) of this section is liable on conviction on indictment,— In the case of a natural person, to imprisonment for a (a) term not exceeding 5 years or to a ﬁne not exceeding $100,000, or to both: In the case of a body corporate, to a ﬁne not exceeding $200,000.
(b) Every person who commits an offence against subsection (1)(b) of this section is liable on conviction on indictment,— In the case of a natural person, to imprisonment for a (a) term not exceeding 3 years or to a ﬁne not exceeding $50,000, or to both: In the case of a body corporate, to a ﬁne not exceeding $100,000.
(b) Every person who commits an offence against subsection (1)(c) of this section is liable on summary conviction,— (a) In the case of a natural person, to a ﬁne not exceeding $37,500: In the case of a body corporate, to a ﬁne not exceeding $75,000.

(b) Sections 44 to 47 were substituted, as from 12 August 1991, by section 9 Trade in Endangered Species Amendment Act 1991 (1991 No 100).
Possession of specimens of endangered, threatened, or exploited species Every person commits an offence who has in his or her posses­ sion, or has under his or her control though under the custody 44 (1) (2) (3) (4) 45 (1) 36 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 4 s 46 of another, any specimen of an endangered, threatened, or ex­ ploited species that he or she knows or has reasonable grounds for suspecting— (a) Has been imported or introduced from the sea into New Zealand otherwise than in accordance with this Act; or Is intended to be exported or re­exported from New Zealand otherwise than in accordance with this Act.
(b) (2) (3) (4) Every person who commits an offence against subsection (1) of this section in respect of a specimen of an endangered species is liable on conviction on indictment,— (a) In the case of a natural person, to imprisonment for a term not exceeding 5 years or to a ﬁne not exceeding $100,000, or to both: In the case of a body corporate, to a ﬁne not exceeding $200,000.
(b) Every person who commits an offence against subsection (1) of this section in respect of a specimen of a threatened species is liable on conviction on indictment,— (a) In the case of a natural person, to imprisonment for a term not exceeding 3 years or to a ﬁne not exceeding $50,000, or to both: In the case of a body corporate, to a ﬁne not exceeding $100,000.
(b) Every person who commits an offence against subsection (1) of this section in respect of a specimen of an exploited species is liable on summary conviction,— (a) In the case of a natural person, to a ﬁne not exceeding $37,500: In the case of a body corporate, to a ﬁne not exceeding $75,000.

(b) Sections 44 to 47 were substituted, as from 12 August 1991, by section 9 Trade in Endangered Species Amendment Act 1991 (1991 No 100).
Subsection (1) was amended, as from 14 May 1998, by section 12 Trade in Endangered Species Amendment Act 1998 (1998 No 17) by inserting the words “or has reasonable grounds for suspecting”.
46 (1) Failure to comply with conditions of permit or certiﬁcate Every person commits an offence who fails to comply with any of the conditions speciﬁed by the Director­General in respect 37 Part 4 s 47 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 (2) of any permit or certiﬁcate granted to him or her under Part 1 of this Act.
Every person who commits an offence against subsection (1) of this section is liable on summary conviction,— (a) In the case of a natural person, to a ﬁne not exceeding $10,000: In the case of a body corporate, to a ﬁne not exceeding $20,000.

(b) Sections 44 to 47 were substituted, as from 12 August 1991, by section 9 Trade in Endangered Species Amendment Act 1991 (1991 No 100).
47 Making false statements (1) Every person commits an offence who, for the purpose of procuring anything to be done or not to be done under Part 1 or Part 2 or Part 3 of this Act, whether for his or her own beneﬁt or for the beneﬁt of any other person,— (a) Makes a statement that he or she knows to be false in a (b) material particular; or Recklessly makes a statement that is false in a material particular.
Every person who commits an offence against subsection (1) of this section is liable on summary conviction to im­ prisonment for a term not exceeding 2 years or to a ﬁne not exceeding $5,000.

Sections 44 to 47 were substituted, as from 12 August 1991, by section 9 Trade in Endangered Species Amendment Act 1991 (1991 No 100).
Obstructing or hindering ofﬁcer Every person commits an offence against this Act who inten­ tionally obstructs or hinders any ofﬁcer in the performance of his or her duty under this Act.

General offence Every person who commits an offence against this Act for which no penalty is provided otherwise than in this section is liable, on summary conviction, to a ﬁne not exceeding $2,000.
(2) 48 49 38 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Part 4 s 51 50 51 (1) Onus of proof in respect of certain offences Where any person is charged with an offence against this Act arising out of his or her doing, without a permit or certiﬁcate, any action for which a permit or certiﬁcate is required, the onus shall be on that person to prove that at the relevant time he or she held the required permit or certiﬁcate.
Section 50 was amended, as from 12 August 1991, by section 10 Trade in Endangered Species Amendment Act 1991 (1991 No 100) by substituting the words “against this Act” for the words “under this Act”.
Forfeiture of property on conviction Subject to subsection (2) of this section, on the conviction of any person for any offence against this Act,— (a) Any specimen of an endangered, threatened, or ex­ ploited species in respect of which the offence has been committed; and (b) Any container, packing case, crate, box, or any other form of receptacle (not being a bulk cargo container or a pallet) used in relation to the commission of the offence,— whether or not they have been seized, taken possession of, or detained under section 39 of this Act, shall be forfeit to the Crown, and disposed of,— (c) In the case of a specimen, in accordance with section 42 of this Act: In the case of a receptacle, as the Director­General di­ rects.
(d) (2) Notwithstanding the conviction of any person for any offence against this Act, no specimen shall be forfeited or disposed of until proceedings are ﬁnally determined.
(3) Any person whose receptacle has been forfeit to the Crown under subsection (1) of this section or any person having a legal or equitable interest in such property may apply to the Minister within 30 days of conviction for the release of the property so forfeited; and the Minister may order the release of such property on payment to the Crown of such amount as the Minister thinks appropriate, being an amount not exceeding the amount the items otherwise forfeited are estimated by the 39 Part 4 s 52 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Director­General to realise if sold by public auction in New Zealand.
(4) Any forfeiture directed or redemption payment imposed pur­ suant to this section shall be in addition to, and not in substi­ tution for, any other penalty that may be imposed by the Court or by this Act.

Subsections (1) and (2) were amended, as from 12 August 1991, by section 11 Trade in Endangered Species Amendment Act 1991 (1991 No 100) by substitut­ ing the words “against this Act” for the words “under this Act” in both places where they occur.
Protection of ofﬁcers and others A person who does any act in pursuance or intended pursuance of any of the functions conferred on that person by or under this Act shall not be under any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground, unless the person has acted, or omitted to act, in bad faith or without reasonable cause.
Schedules The Governor­General may from time to time, by Order in Council,— (a) Add any item to, omit any item from, or amend any item in Schedule 1 or Schedule 2 or Schedule 3 to this Act: (b) Add any Part to, or omit any Part from, Schedule 1 or (c) Schedule 2 or Schedule 3 to this Act: Revoke any such Schedule and substitute a new Sched­ ule— in order that those Schedules may conform with the Conven­ tion as amended from time to time.
Section 53 was substituted, as from 2 September 1996, by section 2 Trade in Endangered Species Amendment Act 1996 (1996 No 149).
Regulations The Governor­General may from time to time, by Order in Council, make regulations for all or any of the following pur­ poses: (a) Prescribing the fees to be paid in respect of any permit or certiﬁcate granted under this Act: 52 53 54 40 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 (b) (c) (d) (e) Prescribing the recording of trade in endangered, threat­ ened, or exploited species: Regulating the non­commercial loan, donation, and ex­ change between scientists and scientiﬁc institutions in New Zealand and those in other countries: Prescribing the registration of scientists and scien­ tiﬁc institutions in New Zealand involved in such exchanges: Regulating the breeding in captivity, in the case of an animal, and the artiﬁcial propagation, in the case of a plant, of any specimen of endangered, threatened, or exploited species: (f) (ea) Specifying requirements with respect to taking and ana­ lysis of samples of specimens where such taking and analysis is authorised for any purpose under this Act: Prescribing offences in respect of the contravention of, or non­compliance with, any regulations made under this Act; and prescribing ﬁnes not exceeding $2,000 in respect of any such offence: Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
(g) Paragraph (f) was substituted, as from 12 August 1991, by section 12 Trade in Endangered Species Amendment Act 1991 (1991 No 100).

Paragraph (ea) was inserted, as from 14 May 1998, by section 13 Trade in En­ dangered Species Amendment Act 1998 (1998 No 17).

55 Consequential amendment The Conservation Act 1987 is hereby consequentially amended by adding to Schedule 1 the following item: “The Trade in Endangered Species Act 1989”.
Schedule 1 Species endangered by trade s 3(1) Schedule 1: substituted, on 27 March 2008, by clause 3 of the Trade in Endan­ gered Species Order 2008 (SR 2008/39).

Schedule 1 was amended, as from 22 August 1991, by clause 3(1) Trade in Endangered Species Order 1991 (SR 1991/135).

41 Schedule 1 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 This Schedule was further amended, as from 23 August 1993, by clause 3(1) Trade in Endangered Species Order 1993 (SR 1993/268).
Schedule 1 was amended, as from 7 August 1997, by clause 3(1) and (2) Trade in Endangered Species Order 1997 (SR 1997/129).

Schedule 1 was substituted, as from 1 June 2000, by clause 3 Trade in Endan­ gered Species Order 2000 (SR 2000/64).

Schedule 1 was substituted, as from 3 May 2001, by clause 3 Trade in Endan­ gered Species Order 2001 (SR 2001/55).

Schedule 1 was substituted, as from 15 January 2004, by clause 3 Trade in Endangered Species Order 2003 (SR 2003/390).
Schedule 1 was substituted, as from 12 May 2005, by clause 3 Trade in Endan­ gered Species Order 2005 (SR 2005/93).

The classes, families, and species listed in this schedule are arranged in descend­ ing order by class then in alphabetical order by order, family, and species.

This order of arrangement is adopted in the Convention on International Trade in En­ dangered Species of Wild Fauna and Flora (CITES).
The entries in the column headed “Exceptions/limitations” have the effect of either— (a) (b) excluding nominated populations in the listed species; or limiting the applications of the listed species to only those populations nominated; or excluding certain species from a generic listing; or excluding nominated varieties of specimens of the listed species.
(c) (d) Order Family Genus, species, or subspecies Common name MAMMALIA—MAMMALS Antilocapri­ dae—Pronghorn Artio­ dactyla—Even­ toed ungu­ lates Antilocapra americana pronghorn Bovidae—An­ telopes, cattle, duikers, gazelles, goats, sheep, etc Addax nasomaculatus addax Bos gaurus gaur Bos mutus wild yak Bos sauveli kouprey Exceptions/limi­ tations only population of Mexico; no other population is included in the Schedules excludes domesticated form, referenced as Bos frontalis excludes domesticated form, referenced as Bos grunniens 42 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Order Family Exceptions/limi­ tations Common name lowland anoa Genus, species, or subspecies Bubalus depressicornis Bubalus mindorensis Bubalus quarlesi mountain tamarou Capra falconeri anoa markhor Chinese serow red serow Capricornis milneedwardsii Capricornis rubidus Capricornis sumatraensis Capricornis thar Himalayan mainland serow Cephalophus jentinki Gazella cuvieri serow Jentink’s duiker Cuvier’s gazelle, edmi gazelle Gazella leptoceros slender­ horned gazelle giant sable antelope red goral Hippotragus niger variani Naemorhedus baileyi Naemorhedus caudatus Naemorhedus goral Naemorhedus griseus Nanger dama Oryx dammah Oryx leucoryx Ovis ammon hodgsonii Ovis ammon nigrimontana Ovis orientalis ophion Chinese goral goral Chinese goral Dama gazelle scimitar­ horned oryx Arabian oryx Great Tibetan Sheep Kara Tau argali mouﬂon 43 Schedule 1 Trade in Endangered Species Act 1989 Order Family Camelidae—Gua­
 naco, vicuna Genus, species, or subspecies Ovis vignei vignei Common name red sheep Pantholops hodgsonii Pseudoryx nghetinhensis Rupicapra pyrenaica ornata Vicugna vicugna Tibetan antelope Vu Quang ox Abruzzo chamois vicugna Cervidae—Deer, guemals, muntjacs, pudus Axis calamianensis Calamian hog deer Reprinted as at 27 March 2008 Exceptions/limi­ tations except populations of: Argentina (populations of Provinces of Jujuy and Catamarca and semi­captive populations of Provinces of Jujuy, Salta, Catamarca, La Rioja and San Juan); Bolivia (whole population); Chile (population of Primera Region) and the whole population of Peru; which are included in Schedule 2 Axis kuhlii Axis porcinus annamiticus Bawean hog deer Ganges hog deer, Indo­Chinese hog deer marsh deer Blastocerus dichotomus Cervus elaphus hanglu Dama dama mesopotamica Hippocamelus spp.
guemals, huemuls Kashmir red deer Persian fallow deer 44 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Order Family Moschi­ dae—Musk deer Suidae—Babyrusa, pygmy hog Carnivora— Carnivores Tayas­ suidae—Pecca­ ries Ailuridae—Red panda Canidae—Bush dog, foxes, wolves Genus, species, or subspecies Muntiacus crinifrons Muntiacus vuquangensis Ozotoceros bezoarticus Pudu puda Rucervus duvaucelii Rucervus eldii Common name black muntjac giant muntjac pampas deer Chilean pudu swamp deer Eld’s deer Moschus spp.
musk deer Exceptions/limi­ tations only populations of Afghanistan, Bhutan, India, Myanmar, Nepal, and Pakistan; all other populations are included in Schedule 2 Babyrousa babyrussa Babyrousa bolabatuensis Babyrousa celebensis Babyrousa togeanensis Sus salvanius Catagonus wagneri golden babirusa Bola Batu babirusa Sulawesi babirusa Togian babirusa pygmy hog chacco peccary Ailurus fulgens red panda Canis lupus grey wolf Speothos venaticus bush dog Felidae—Cats Acinonyx jubatus cheetah only populations of Bhutan, India, Nepal, and Pakistan subject to annual export quotas for live specimens and hunting trophies for Botswana, Namibia, and Zimbabwe 45 Schedule 1 Trade in Endangered Species Act 1989 Order Family Genus, species, or subspecies Caracal caracal Common name caracal Reprinted as at 27 March 2008 Exceptions/limi­ tations only population of Asia; all other populations are included in Schedule 2 Catopuma temminckii Felis nigripes Temminck’s golden cat black­footed cat Geoffroy’s cat Andean mountain cat ocelot Leopardus geoffroyi Leopardus jacobitus Leopardus pardalis Leopardus tigrinus little spotted cat Leopardus wiedii margay Lynx pardinus Spanish lynx Neofelis nebulosa clouded leopard Asiatic lion Panthera leo persica Panthera onca jaguar Panthera pardus leopard Panthera tigris tiger Pardofelis marmorata Prionailurus bengalensis bengalensis Prionailurus planiceps Prionailurus rubiginosus Puma concolor coryi Puma concolor costaricensis Puma concolor cougar Puma yagouaroundi marbled cat leopard cat
 ﬂat­headed cat rusty­spotted cat Florida cougar Costa Rica cougar eastern puma jaguarundi 46 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Order Family Mustel­ idae—Badgers, martens, weasels, etc Genus, species, or subspecies Uncia uncia Common name snow leopard Aonyx capensis microdon African clawless otter Exceptions/limi­ tations only populations of Cameroon and Nigeria; all other populations are included in Schedule 2 Enhydra lutris nereis Lontra felina southern sea otter marine otter Lontra longicaudis long­tailed Lontra provocax Lutra lutra Lutra nippon Pteronura brasiliensis Mustela nigripes Mustelinae—Grisons, honey badger, martens, tyra, weasels Otariidae—Fur seals, sealions Phocidae—Seals Monachus spp.
Arctocephalus townsendi Ursidae—Bears, giant panda Ailuropoda melanoleuca Helarctos malayanus Melursus ursinus Tremarctos ornatus Ursus arctos otter southern river otter Eurasian otter Japanese river otter giant otter black­footed ferret Guadelupe fur seal monk seals giant panda sun bear Indian sloth bear spectacled bear brown bear Ursus arctos isabellinus red or Himalayan brown bear only populations of Bhutan, China, Mexico, and Mongolia; all other populations are included in Schedule 2 47 Schedule 1 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Order Family Genus, species, or subspecies Ursus thibetanus Asiatic black Common name Exceptions/limi­ tations Viverridae—Bin­ turong, civets, lin­ sangs, otter­civet, palm civets Bal­ aenidae—Bow­ head whale, right whales Cetacea—Dol­ phins, porpoises, whales Prionodon pardicolor bear spotted linsang Balaena mysticetus bowhead whale Eubalaena spp.
right whales Balaenoptera acutorostrata Northern minke whale Balaenopteri­ dae—Humpback whale, rorquals except population of West Greenland which is included in Schedule 2 Balaenoptera bonaerensis Balaenoptera borealis Balaenoptera edeni Balaenoptera musculus Balaenoptera physalus Megaptera novaeangliae Orcaella brevirostris Sotalia spp.

Sousa spp.
Del­ phinidae—Dol­ phins Eschrichti­ idae—Grey whale Iniidae—River dolphins Eschrichtius robustus Lipotes vexillifer Neobal­ aenidae—Pygmy right whale Caperea marginata 48 Southern minke whale sei whale Bryde’s whale blue whale ﬁn whale humpback whale Irrawaddy dolphin river dolphins, tucuxi humpback dolphins grey whale Baiji, Yangtse River dolphin pygmy right whale Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Exceptions/limi­ tations Order Family Pho­ coenidae—Por­ poises Physteri­ dae—Sperm whales Platanisti­ dae—River dol­ phins Ziphi­ idae—Beaked whales, bot­ tle­nosed dol­ phins Chi­ roptera—Bats Pteropodi­ dae—Fruit bats, ﬂying foxes Genus, species, or subspecies Neophocaena phocaenoides Common name black ﬁnless porpoise Phocoena sinus Physeter catodon Paciﬁc harbour porpoise sperm whale Platanista spp.
Berardius spp.

Ganges and Indus dolphins beaked whales Hyperoodon spp.
Acerodon jubatus bottle­nose whales golden­ capped fruit bat Pteropus insularis Truk fruit bat Pteropus loochoensis Pteropus mariannus Pteropus molossinus Pteropus pelewensis Pteropus pilosus Okinawa ﬂying fox Marianas ﬂying fox Pohnpei fruit bat Palau fruit bat large Palau fruit bat Samoan fruit bat Pteropus samoensis Pteropus tonganus insular ﬂying fox Pteropus ualanus Kosrae ﬂying fox Pteropus yapensis Yap ﬂying Cingu­ lata—Ar­ madillos Dasypodi­ dae—Armadillos Priodontes maximus fox giant armadillo 49 Schedule 1 Trade in Endangered Species Act 1989 Family Dasyuri­ dae—Dunnarts Genus, species, or subspecies Sminthopsis longicaudata Common name long­tailed dunnart Reprinted as at 27 March 2008 Exceptions/limi­ tations Order Dasyuro­ morphia— Carniverous marsupials Diprotodon­ tia—Kanga­ roos, wal­ labies, pos­ sums, koala, wombats, and relatives Lagomor­ pha—Hares, pikas, rab­ bits Peramele­ morphia— Bandicoots, bilbies 50 Sminthopsis psammophila Thylacinus cynocephalus large desert marsupial­ mouse Tasmanian tiger possibly extinct Lagorchestes hirsutus western hare wallaby Thy­ lacinidae—Tas­ manian wolf, thy­ lacine Macropodi­ dae—Kangaroos, wallabies Lagostrophus fasciatus Onychogalea fraenata Onychogalea lunata Potoroidae—Rat­ kangaroos Bettongia spp.
banded hare wallaby bridled nailtail wallaby crescent nailtail wallaby rat­kangaroos possibly extinct Vombati­ dae—Northern hairy­nosed wom­ bat Lepori­ dae—Hispid hare, volcano rabbit desert rat­ Caloprymnus campestris kangaroo Lasiorhinus krefftii northern hairy­nosed wombat Caprolagus hispidus Assam rabbit, hispid hare Romerolagus diazi volcano Chaeropodi­ dae—Pig­footed bandicoot Chaeropus ecaudatus rabbit pig­footed bandicoot possibly extinct Perameli­ dae—Bandicoots Perameles bougainville barred bandicoot Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Order Family Thylacomyi­ dae—Bilbies Genus, species, or subspecies Macrotis lagotis Common name greater bilby Exceptions/limi­ tations Macrotis leucura lesser bilby Equidae—Horses, wild asses, zebras Equus africanus African wild ass excludes Equus asinus, the domesticated form Perisso­ dactyla— Horses, rhinoceroses, tapirs Equus grevyi Grevy’s zebra Equus hemionus hemionus Equus hemionus khur Equus przewalskii Przewalski’s Mongolian wild ass Indian wild ass wild horse Equus zebra zebra Cape Rhinoceroti­ dae—Rhinoceroses Rhinocerotidae spp.
Mountain zebra rhinoceroses Tapiridae—Tapirs Tapiridae spp.
tapirs except the subspecies included in Schedule 2 except the species included in Schedule 2 Pri­ mates—Apes, monkeys Atel­ idae—Howler and prehensile­tailed monkeys Alouatta coibensis Coiba Island howler­ monkey Alouatta pigra Ateles geoffroyi frontatus Alouatta palliata mantled howler­ monkey Guatemalean mantled howler­ monkey black­browed spider monkey red spider monkey woolly spider monkey northern muriqui Ateles geoffroyi panamensis Brachyteles arachnoides Brachyteles hypoxanthus 51 Reprinted as at 27 March 2008 Exceptions/limi­ tations Schedule 1 Trade in Endangered Species Act 1989 Order Family Cebidae—New World monkeys Common Genus, species, or name subspecies Oreonax woolly ﬂavicauda monkey Callimico goeldii Goeldi’s Callithrix aurita marmoset white­eared marmoset Callithrix ﬂaviceps buff­headed marmoset lion tamarins Leontopithecus spp.
Saguinus bicolor Brazilian bare­faced tamarin Saguinus geoffroyi Geoffroy’s tamarin Saguinus leucopus white­footed Saguinus oedipus tamarin Saguinus martinsi Martin’s tamarin cotton­ headed tamarin red­backed squirrel monkey Tana river mangabey Cercocebus galeritus Saimiri oerstedii Cercopithecus diana Cercopithecus roloway Macaca silenus Diana monkey Roloway monkey wanderoo Mandrillus leucophaeus Mandrillus sphinx mandrill drill Nasalis larvatus proboscis monkey Piliocolobus kirkii Kirk’s Piliocolobus rufomitratus Presbytis potenziani colobus Tana river colobus mentawi leaf­monkey Cercopitheci­ dae—Old World monkeys 52 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Order Family Genus, species, or subspecies Pygathrix spp.
Common name langurs Rhinopithecus spp.

snub­nosed Exceptions/limi­ tations Semnopithecus ajax Semnopithecus dussumieri Semnopithecus entellus Semnopithecus hector Semnopithecus hypoleucos Semnopithecus priam Semnopithecus schistaceus Simias concolor Trachypithecus geei Trachypithecus pileatus Trachypithecus shortridgei Cheirogaleidae spp.
monkeys Kashmir grey langur southern plains grey langur Hanuman langur Tarai grey langur black­footed grey langur tufted grey langur Nepal grey langur pig­tailed langur golden langur capped langur Shortridge’s langur dwarf lemurs, mouse lemurs Daubentonia madagascariensis Gorilla beringei aye­aye mountain gorilla Gorilla gorilla gorilla Pan spp.

chimpanzees Pongo abelii Pongo pygmaeus Sumatran orang­utan orang­utan Hylobatidae spp.
gibbons Cheirogalei­ dae—Dwarf lemurs Daubentoni­ idae—Aye­aye Ho­ minidae—Chim­ panzees, gorilla, orang­utan Hylobati­ dae—Gibbons 53 Schedule 1 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Order Common name sifakas, indris Exceptions/limi­ tations lemurs Genus, species, or subspecies Indriidae spp.

Family Indriidae—Avahi, indris, sifakas, woolly lemurs Lemuri­ dae—Large lemurs Lepilemuri­ dae—Sportive lemurs Lorisidae—Lorises Nycitebus spp.

Lemuridae spp.

Lepilemuridae spp.


sportive lemurs slow lorises except certain specimens of the populations of Botswana, Namibia, South Africa, and Zimbabwe, which are included in Schedule 2 except all domesticated specimens Pitheci­ dae—Sakis and uakaris Cacajao spp.

uakaris Pro­ boscidea— Elephants Elephanti­ dae—Elephants Chiropotes albinasus Elephas maximus Asiatic white­nosed saki Loxodonta africana elephant African elephant Chinchilla spp.
chinchillas Leporillus conditor stick nest rat Pseudomys ﬁeldi praeconis Xeromys myoides Zyzomys pedunculatus Cynomys mexicanus shark bay mouse false water rat central rock rat Mexican prairie dog Roden­ tia—Ro­ dents Chinchilli­ dae—Chinchillas Muridae—Mice, rats Sciuri­ dae—Ground squirrels, tree squirrels 54 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Family Dugongi­ dae—Dugong Order Sire­ nia—Sire­ nians (sea cows) Genus, species, or subspecies Dugong dugon Common name dugong Exceptions/limi­ tations Trichechi­ dae—Manatees Trichechus inunguis Trichechus manatus AVES—BIRDS South American manatee West Indian manatee Anseri­ formes— Waterfowl Anati­ dae—Ducks, geese, swans, etc Anas aucklandica Auckland Island teal Anas chlorotis brown teal Anas laysanensis Laysan duck Anas nesiotis Anas oustaleti Campbell Island teal Marianas mallard Aleutian Canada goose Hawaiian goose, nene Branta canadensis leucopareia Branta sandvicensis Cairina scutulata white­winged Rhodonessa caryophyllacea Glaucis dohrnii wood duck pink­headed duck hook­billed hermit possibly extinct Trochili­ dae—Humming­ birds Laridae—Gull Larus relictus relict gull Apodi­ formes— Swifts, hum­ mingbirds Charadri­ iformes— Shorebirds and relatives Scolopaci­ dae—Curlews, greenshanks Numenius borealis Eskimo curlew Numenius tenuirostris Tringa guttifer slender­billed curlew spotted greenshank 55 Reprinted as at 27 March 2008 Exceptions/limi­ tations Schedule 1 Trade in Endangered Species Act 1989 Family Ciconi­
 idae—Storks Genus, species, or subspecies Ciconia boyciana Common name oriental white stork Jabiru mycteria jabiru stork Mycteria cinerea milky stork Geronticus eremita Waldrapp ibis Threskiornithi­ dae—Ibises, spoonbills Nipponia nippon Columbidae—Doves, pigeons Caloenas nicobarica Ducula mindorensis Buceroti­ dae—Hornbills Aceros nipalensis Order Ciconi­ iformes— Storks, herons, bitterns, etc Columbi­ formes— Doves, pigeons Coraci­ iformes— Kingﬁshers and relatives Buceros bicornis Rhinoplax vigil Rhyticeros
 subruﬁcollis Aquila adalberti Accipitri­ dae—Hawks, ea­ gles Falconi­ formes— Eagles, falcons, hawks, vultures Aquila heliaca Chondrohierax uncinatus wilsonii Haliaeetus albicilla Harpia harpyja imperial eagle Cuban hook­billed kite white­tailed sea eagle harpy eagle 56 Japanese crested ibis Nicobar pigeon Mindoro imperial pigeon rufous­ necked hornbill great Indian hornbill helmeted hornbill plain­ pouched hornbill Spanish imperial eagle Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Order Family Cathar­ tidae—New World vultures Exceptions/limi­ tations Genus, species, or subspecies Pithecophaga jefferyi Gymnogyps californianus Common name monkey­ eating eagle California condor Vultur gryphus Falconidae—Fal­ cons Falco araeus Falco jugger Falco newtoni Falco pelegrinoides Falco peregrinus Andean condor Seychelles kestrel laggar falcon aldabra kestrel barbary falcon peregrine falcon only the population of the Seychelles Falco punctatus Mauritius Falco rusticolus kestrel gyrfalcon Crax blumenbachii red­billed curassow Craci­ dae—Chacha­ lacas, curassows, guans Galli­ formes— Megapodes, curassows, pheasants, quails, and relatives Mitu mitu Oreophasis derbianus Penelope albipennis Pipile jacutinga Pipile pipile Megapodi­ dae—Megapodes, scrubfowl Macrocephalon maleo razor­billed curassow, mitu horned guan white­winged guan black­fronted piping guan Trinidad piping guan maleo (fowl) 57 Schedule 1 Trade in Endangered Species Act 1989 Order
 Family Phasian­ idae—Grouse, guineafowl, par­ tridges, pheas­ ants, tragopans Genus, species, or subspecies Catreus wallichii Common name cheer pheasant Reprinted as at 27 March 2008 Exceptions/limi­ tations Colinus virginianus ridgwayi Crossoptilon crossoptilon Crossoptilon mantchuricum Lophophorus impejanus masked bobwhite quail white eared pheasant brown eared pheasant Himalayan impeyan pheasant Chinese monal pheasant Sclater’s monal pheasant Lophura edwardsi Edward’s pheasant Lophura imperialis Imperial
 pheasant Lophophorus sclateri Lophophorus lhuysii Lophura swinhoii Swinhoes’s pheasant Palawan peacock pheasant crested argus Polyplectron napoleonis Rheinardia ocellata Syrmaticus ellioti Elliot’s pheasant Syrmaticus humiae bar­tailed pheasant Syrmaticus mikado Mikado pheasant Caspian snowcock Tibetan snowcock Tetraogallus caspius Tetraogallus tibetanus 58 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Exceptions/limi­ tations Order Family Genus, species, or subspecies Tragopan blythii Tragopan caboti Tragopan melanocephalus Tympanuchus cupido attwateri Gruiformes—Coots, crains, rails Gruidae—Cranes Grus americana Common name Blyth’s tragopan, grey­bellied tragopan Cabot’s tragopan, yellow­billed tragopan western tragopan, western horned pheasant Attwater’s prairie chicken whooping crane Cuban sandhill crane Mississippi sandhill crane Grus canadensis nesiotes Grus canadensis pulla Grus japonensis Manchurian crane Grus leucogeranus Siberian Grus monacha Grus nigricollis Grus vipio white crane hooded crane black­necked crane white­naped crane Ardeotis nigriceps great Indian Chlamdyotis macqueenii Chlamydotis undulata Houbaropsis bengalensis Gallirallus sylvestris Rhynochetos jubatus bustard Macqueen’s bustard Houbara bustard Bengal bustard Lord Howe woodrail kagu Otididae—Bus­ tards Rallidae—Rail Rhynocheti­ dae—Kagu 59 Schedule 1 Trade in Endangered Species Act 1989 Family Atrichornithi­ dae—Scrub bird Genus, species, or subspecies
 Atrichornis clamosus Common name Noisy Scrub­ bird Order Passeri­ formes— Passerines (perching birds) Reprinted as at 27 March 2008 Exceptions/limi­ tations Cotingi­ dae—Cotingas Fringilli­ dae—Finches Hirun­ dinidae—Martin Icteridae—Black­ bird Meliphagi­ dae—Honeyeater Muscicapi­ dae—Old World ﬂycatchers Cotinga maculata banded cotinga white­winged cotinga red siskin Xipholena atropurpurea Carduelis cucullata Pseudochelidon sirintarae Xanthopsar ﬂavus Lichenostomus melanops cassidix Dasyornis broadbenti
 litoralis Dasyornis longirostris Picathartes gymnocephalus Picathartes oreas possibly extinct white­eyed river martin saffron­ cowled blackbird helmeted honeyeater western rufous bristlebird western bristlebird bare­headed rockfowl grey­necked rockfowl Guerney’s pitta Koch’s pitta Pittidae—Pittas Pitta gurneyi Pitta kochi Sturnidae—My­ nahs (starlings) Zosteropi­ dae—White­eye Pelecani­ formes— Cormorants Fregati­ dae—Frigatebird Leucopsar rothschildi Zosterops albogularis Bali starling, Rothschild’s mynah Norfolk white­ throated white­eye Fregata andrewsi Christmas Island frigatebird Pelecanus crispus Dalmatian Pele­ canidae—Pelican Sulidae—Booby Papasula abbotti Abbott’s pelican booby 60 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Family Picidae—Wood­ peckers Order Pici­ formes—Wood­ peckers and relatives Genus, species, or subspecies Campephilus imperialis Common name Imperial woodpecker Exceptions/limi­ tations Podicipedi­ formes— Grebes Procellari­ iformes— Tube­nosed seabirds Psittaci­ formes— Parrots Dryocopus javensis richardsi Tristram’s white­bellied woodpecker Podilymbus gigas Atitlan grebe Podicipedi­ dae—Grebe Diomedei­ dae—Albatross Phoebastria albatrus short­tailed albatross Cacatu­ idae—Cockatoos Cacatua gofﬁni Cacatua haematuropygia Cacatua moluccensis Gofﬁn’s cockatoo red­vented cockatoo Moluccan cockatoo, salmon­ crested cockatoo Cacatua sulphurea lesser Loriidae—Lories, lorikeets Probosciger aterrimus Eos histrio Vini
 ultramarina Psittaci­ dae—Amazons, macaws, para­ keets, parrots Amazona arausiaca Amazona auropalliata sulphur­ crested cockatoo, yellow­ crested cockatoo palm cockatoo red­and­blue lory ultramarine lory red­necked amazon parrot yellow­naped amazon, yellow­naped parrot 61 Reprinted as at 27 March 2008 Exceptions/limi­ tations Schedule 1 Trade in Endangered Species Act 1989 Genus, species, or subspecies Amazona barbadensis Amazona brasiliensis Amazona ﬁnschi Amazona guildingii Amazona imperialis Amazona
 leucocephala Amazona oratrix Amazona pretrei Amazona rhodocorytha Amazona tucumana Amazona versicolor Amazona vinacea Common name yellow­ shouldered amazon parrot red­tailed amazon parrot lilac­crowned amazon St. Vincent amazon, St. Vincent parrot imperial amazon, imperial parrot Cuban amazon, Cuban parrot yellow­ headed amazon, yellow­ headed parrot red­ spectacled amazon, red­ spectacled parrot red­browed amazon, red­topped parrot Tucuman amazon, alder parrot St. Lucia amazon, St. Lucia parrot vinaceous amazon, vinaceous parrot Order Family 62 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Order Family Amazona vittata Genus, species, or subspecies Amazona viridigenalis Common name green­ cheeked amazon, green­ cheeked parrot Puerto Rican amazon, Puerto Rican parrot glaucous, hyacinth, and Lear’s macaws great green macaw Ara glaucogularis caninde macaw Anodorhynchus spp.
Ara ambiguus Ara macao Ara militaris Ara rubrogenys scarlet macaw military macaw red­fronted macaw Cyanopsitta spixii Spix’s macaw Cyanoramphus forbesi Cyanoramphus novaezelandiae Cyclopsitta diophthalma coxeni Eunymphicus cornutus Geopsittacus occidentalis Forbes’s yellow­ fronted parakeet, Chatham Island yellow­ fronted parakeet red­crowned parakeet Coxen’s double­eyed ﬁg parrot horned parakeet night parrot Exceptions/limi­ tations often traded under the incorrect designation Ara caninde possibly extinct 63 Schedule 1 Trade in Endangered Species Act 1989 Order Family Genus, species, or subspecies Guarouba guarouba Neophema chrysogaster Reprinted as at 27 March 2008 Exceptions/limi­ tations possibly extinct Common name golden conure, golden parakeet orange­ bellied parakeet yellow­eared conure ground parrot macaw blue­winged macaw golden­ shouldered parrot hooded parrot paradise parrot Mauritius parakeet blue­throated conure Ognorhynchus icterotis Pezoporus wallicus Pionopsitta pileata pileated parrot Primolius couloni blue­headed Primolius maracana Psephotus chrysopterygius Psephotus dissimilis Psephotus pulcherrimus Psittacula echo Pyrrhura cruentata Rhynchopsitta spp.
thick­billed Strigops habroptilus Rheidae—Rheas Pterocnemia Rheiformes—Rheas pennata parrots, maroon­ fronted parrots kakapo Darwin’s rhea except Pterocnemia pennata pennata which is included in Schedule 2 Sphenisci­ dae—Penguins Spheniscus humboldti Humboldt penguin Strigidae—Owls Heteroglaux blewitti forest spotted owl Sphenisci­ formes— Penguins Strigi­ formes—Owls 64 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Order Family Genus, species, or subspecies Mimizuku gurneyi giant Scops Common name Exceptions/limi­ tations Ninox natalis Ninox novaeseelandiae undulata Tyto soumagnei Struthio camelus owl Christmas Island hawk­ owl Norfolk Island boobook owl Madagascar owl ostrich Tytonidae—Barn owls Struthion­ idae—Ostrich Struthioni­ formes— Ostriches, emus, cassowaries, kiwis Tinami­ formes— Paleognath birds Trogoni­ formes— Trogons Tinami­ dae—Tinamous Tinamus solitarius solitary tinamou Trogo­ nidae—Quetzals Pharomachrus mocinno resplendent quetzal REPTILIA—REPTILES Crocodylia— Alligators, caimans, crocodiles Alligatori­ dae—Alligators, caimans Alligator sinensis Chinese alligator Caiman crocodilus apaporiensis Rio Apaporis spectacled caiman Caiman latirostris broad­ snouted caiman only populations of Algeria, Burkina Faso, Cameroon, the Central African Republic, Chad, Mali, Mauritania, Morocco, the Niger, Nigeria, Senegal, and the Sudan.
All other populations are not included in the Schedules except the population of Argentina, which is included in Schedule 2 65 Schedule 1 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Order Family Genus, species, or subspecies Melanosuchus niger Common name black caiman except the Exceptions/limi­ tations population of Brazil, which is included in Schedule 2, and the population of Ecuador, which is included in Schedule 2 and is subject to a zero annual export quota until an annual export quota has been approved by the CITES Secretariat and the IUCN/SSC Crocodile Specialist Group except the population of Cuba, which is included in Schedule 2 Crocodyli­ dae—Crocodiles Crocodylus acutus American crocodile Crocodylus cataphractus Crocodylus intermedius Crocodylus mindorensis Crocodylus moreletii African slender­ snouted crocodile Orinoco crocodile Mindoro crocodile Belize crocodile 66 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Order Family Genus, species, or subspecies Crocodylus niloticus Common name Nile crocodile Crocodylus palustris Crocodylus porosus marsh crocodile saltwater crocodile Crocodylus rhombifer Crocodylus siamensis Osteolaemus tetraspis Tomistoma schlegelii Gavialis gangeticus Cuban crocodile Siamese crocodile dwarf crocodile false gavial gharial Gaviali­ dae—Gavial Exceptions/limi­ tations except the populations of Botswana, Ethiopia, Kenya, Madagascar, Malawi, Mozambique, Namibia, South Africa, Uganda, the United Republic of Tanzania
 (subject to an annual export quota of no more than 1 600 wild specimens including hunting trophies, in addition to ranched specimens), Zambia, and Zimbabwe; these populations are included in Schedule 2 except populations of Australia, Indonesia, and Papua New Guinea, which are included in Schedule 2 67 Schedule 1 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Common name tuatara Exceptions/limi­ tations Antsingy leaf chameleon Guatmalan beaded lizard, blue beaded lizard Genus, species, or subspecies Sphenodon spp.
Family Sphenodonti­ dae—Tuatara Order Rhyncho­ cephalia— Tuatara Sauria—LizardsChamaeleonidae—Chameleons Brookesia perarmata Heloderma horridum charlesbogerti Brachylophus spp.

Fiji iguanas Cyclura spp.

ground iguanas Sauromalus varius piebald chuckwalla Gallotia simonyi Hierro giant lizard Varanus Indian bengalensis monitor Varanus ﬂavescens yellow monitor desert monitor Varanus Komodo komodoensis dragon Varanus nebulosus Bengal monitor Varanus griseus Acrantophis spp.
Madagascar Boa constrictor occidentalis Epicrates inornatus Epicrates monensis Epicrates subﬂavus Sanzinia madagascariensis boas Argentine boa constrictor Puerto Rican boa Mona Island boa, Virgin Islands tree boa Jamaican boa, yellow snake Madagascar tree boa Helodermati­ dae—Beaded lizards, gila mon­ ster Iguanidae—Igua­ nas Lacer­ tidae—Lizards Varanidae—Moni­ tor lizards Ser­ pentes—Snakes Boidae—Boas 68 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Order Family Bolyeri­ idae—Round Is­ land boas Genus, species, or subspecies Bolyeria multocarinata Casarea dussumieri Pythonidae—PythonsPython molurus molurus Vipera ursinii Viperi­ dae—Vipers Exceptions/limi­ tations Common name Round Island burrowing boa Round Island keel­scaled boa Indian python, rock python Orsini’s viper only the population of Europe, except the area that formerly constituted the USSR; these latter populations are not included in the Schedules Tes­ tudines—Tur­ tles, tortoises Chelidae—Aus­ tro­American side­necked tur­ tles Cheloni­ idae—Marine turtles Dermochelyi­ dae— Leatherback turtle Emydidae—Box turtles, freshwater turtles Geoemydi­ dae—Box turtles, freshwater turtles Pseudemydura umbrina western swamp turtle Cheloniidae spp.
sea turtles Dermochelys coriacea leatherback turtle Glyptemis muhlenbergii Terrapene coahuila Batagur baska Muhlen­ berg’s turtle, bog turtle aquatic box turtle common batagur turtle black pond Geoclemys turtle hamiltonii three­keeled Melanochelys tricarinata land tortoise Morenia ocellata Bengal eyed terrapin 69 Reprinted as at 27 March 2008 Exceptions/limi­ tations Schedule 1 Trade in Endangered Species Act 1989 Order Family Genus, species, or subspecies Pangshura tecta Testu­ dinidae—Tor­ toises Astrochelys radiata Common name Indian sawback turtle, dura turtle, Indian pond turtle radiated tortoise Astrochelys yniphora Chelonoidis nigra Galapagos Madagascar tortoise giant tortoise yellow­ bordered tortoise geometric tortoise Gopherus ﬂavomarginatus Psammobates geometricus Pyxis arachnoides spider Pyxis planicauda tortoise ﬂat­backed spider tortoise Testudo kleinmanni Egyptian Trionychi­ dae—Softshell turtles, terrapins Apalone spinifera atra tortoise Cuatro cienegas soft­shell turtle Indian soft­ shell turtle Aspideretes gangeticus Aspideretes hurum peacock soft­shell turtle dark soft­ shell turtle Aspideretes nigricans AMPHIBIA—AMPHIBIANS Anura—Frogs, toads Bu­ fonidae—Toads Altiphrynoides spp.
Ethiopian Atelopus zeteki Bufo periglenes toads golden arrow poison frog golden toad Bufo superciliaris Cameroon toad 70 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Exceptions/limi­ tations Order Family Microhyli­ dae—Red rain frog, tomato frog Cryptobranchi­ dae—Giant sala­ manders Cau­ data—Sala­ manders Genus, species, or subspecies Nectophrynoides spp.

Nimbaphrynoides spp.

Spinophrynoides spp.


Dyscophus antongilii Common name viviparous toads Nimba toads Ethiopian toads tomato frog Andrias spp.

giant salamanders ELASMOBRANCHII—SHARKS Raji­ formes—Skates Pristidae—Saw­ ﬁshes Pristidae spp.
sawﬁshes except the species included in Schedule 2 Acipenseri­ formes— Paddleﬁsh, sturgeons Cyprini­ formes— Minnows, suckers Osteoglossi­ formes— Bony­ tongues Perci­ formes— Perch­like ﬁshes Siluri­ formes—Cat­ ﬁsh ACTINOPTERYGII—FISH Acipenseri­ dae—Sturgeons Acipenser brevirostrum shortnose sturgeon Acipenser sturio common sturgeon Chasmistes cujus Cui­ui Catostomi­ dae—Cui­ui Cyprinidae—Blind carps, plaeesok Osteoglossi­ dae—Arapaima, bonytongue Probarbus jullieni Ikan temoleh Scleropages formosus Asian arowana Sciaenidae—To­ toaba Totoaba macdonaldi Pangasi­ idae—Pangasid catﬁsh Pangasianodon gigas MacDonald’s weakﬁsh, totoaba giant catﬁsh 71 Schedule 1 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Order Family Genus, species, or subspecies Common name Exceptions/limi­ tations SARCOPTERYGII—LUNGFISHES Coelacanthi­ formes— Coelacanths Latimeri­ idae—Coela­ canths Latimeria spp.
Coelacanths INSECTA—INSECTS Lepi­ doptera—But­ terﬂies, moths Papilion­ idae—Birdwing butterﬂies, swal­ lowtail butterﬂies Ornithoptera alexandrae Papilio chikae Papilio homerus Papilio hospiton Queen Alexandra’s birdwing Luzon peacock swallowtail Homerus swallowtail Corsican swallowtail BIVALVIA—CLAMS, MUSSELS Union­ ida—Fresh­ water mus­ sels Union­ idae—Freshwater mussels, pearly mussels Conradilla caelata birdwing pearl mussel Dromus dromas Dromedary pearly mussel Epioblasma curtisi Curtis pearly Epioblasma ﬂorentina Epioblasma sampsonii Epioblasma sulcata perobliqua Epioblasma torulosa gubernaculum Epioblasma torulosa torulosa Epioblasma turgidula Epioblasma walkeri mussel yellow blossom pearly mussel Sampson’s pearly mussel white catspaw mussel green­ blossom pearly mussel turberculed pearly mussel turgid blossom pearly mussel brown blossom pearly mussel 72 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Order Family Exceptions/limi­ tations Genus, species, or subspecies Fusconaia cuneolus Common name ﬁne­rayed pigtoe pearly mussel Fusconaia shiny pigtoe edgariana pearly mussel Lampsilis higginsii Higgin’s eye pearly mussel pink mucket pearly mussel Lampsilis orbiculata orbiculata Lampsilis satur Lampsilis virescens Plethobasus cicatricosus Plethobasus cooperianus plain pocketbook pearly mussel Alabama lamp pearly mussel white warty­ back pearly mussel orange­ footed pimpleback mussel, Cumberland pigtoe pearly mussel rough pigtoe pearly mussel fat pocketbook pearly mussel
 Cumberland monkey­face pearly mussel Quadrula sparsa Appalachian monkey­face pearly mussel pale lilliput pearly mussel Pleurobema plenum Potamilus capax Toxolasma cylindrella Unio nickliniana Nicklin’s Quadrula intermedia Unio tampicoensis tecomatensis Villosa trabalis pearly mussel Tampico pearly mussel Cumberland bean pearly mussel 73 Schedule 1 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Order Family Genus, species, or subspecies Common name Exceptions/limi­ tations GASTROPODA—SNAILS AND CONCHES Stylom­ matophora —Terrestrial snails and slugs Achatinelli­ dae—Agate snails, Oahu tree snails Achatinella spp.
agate shells, tree snails FLORA—PLANTS Agavaceae—AgavesAgave parviﬂora Santa Cruz striped agave Apocy­ naceae—Elephant trunks, hoodias Pachypodium ambongense Pachypodium baronii Pachypodium decaryi Araucaria araucana Araucariaceae— Monkey­puzzle tree Cactaceae—Cacti Ariocarpus spp.

Astrophytum asterias Aztekium ritteri Coryphantha werdermannii Discocactus spp.

monkey­ puzzle tree living rock cactus star cactus Aztec cactus jabali pincushion cactus discocacti Lindsay’s cactus Echinocereus ferreirianus ssp.
lindsayi Echinocereus schmollii Escobaria minima Nellie’s cory lamb’s­tail cactus cactus Escobaria sneedii Lee pincusion cactus, Sneed’s cory cactus Mammillaria pectinifera Mammillaria solisioides 74 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Order Family Exceptions/limi­ tations Genus, species, or subspecies Melocactus conoideus Melocactus deinacanthus Melocactus glaucescens Melocactus paucispinus Obregonia denegrii Pachycereus militaris Common name conelike Turk’s­cap cactus wonderfully­ bristled Turk’s­cap cactus woolly waxy­ stemmed Turk’s­cap cactus few­spined Turk’s­cap cactus artichoke cactus grenadier’s cap, teddy­ bear cactus Pediocactus bradyi Brady’s Pediocactus knowltonii Pediocactus paradinei pincushion cactus Knowlton’s cactus park pincushion cactus, houserock valley cactus Fickeisen hedgehog cactus Pediocactus sileri Siler’s Pediocactus peeblesianus Pelecyphora spp.
Sclerocactus brevihamatus ssp.

tobuschii Sclerocactus erectocentrus Sclerocactus glaucus pincushion cactus hatchet cacti acuna cactus Vinta Basin hookless cactus 75 Schedule 1 Trade in Endangered Species Act 1989 Genus, species, or subspecies Sclerocactus mariposensis Sclerocactus mesae­verdae Sclerocactus nyensis Sclerocactus papyracanthus Sclerocactus pubispinus Sclerocactus wrightiae Strombocactus spp.

Turbinicarpus spp.

Uebelmannia spp.
Common name Lloyd’s mariposa cactus Mesa­Verde cactus Tonopah ﬁshhook cactus paper­spine pincushion cactus Wright’s ﬁshhook cactus turbinicarps Saussurea costus costus root alerce, Chilean false larch Pilgeroden­ dron, Cipres de las Guaite­ cas Fitzroya cupressoides Pilgerodendron uviferum Cycas beddomei Euphorbia ambovombensis Euphorbia cap­ saintemariensis Euphorbia cremersii Euphorbia cylindrifolia Order Family Compositae— (Asteraceae) kuth Cupressaceae— Alerce, cypresses Cycadaceae—Cy­ cads Euphoribiaceae— Eurphorbias 76 Reprinted as at 27 March 2008 Exceptions/limi­ tations includes the forma viridfolia and the var.
rakotozafyi includes Euphorbia cylindrifolia ssp.
Tuberifera Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Order Family Genus, species, or subspecies Euphorbia decaryi Common name Euphorbia francoisii Euphorbia moratii Fouquieriaceae— Ocotillos Leguminosae (Fabaceae)—Afror­ mosia, cristobal, rosewood, sandalwood Liliaceae—Aloes Aloe albida Brazilian rosewood Euphorbia parvicyathophora Euphorbia quartziticola Euphorbia tulearensis Fouquieria fasciculata Fouquieria purpusii Dalbergia nigra Aloe albiﬂora Aloe alfredii Aloe bakeri Aloe bellatula Aloe calcairophila Aloe compressa Aloe delphinensis Aloe descoingsii Exceptions/limi­ tations includes Euphorbia decaryi vars.
ampanihyensis, robinsonii, and spirosticha includes Euphorbia moratii vars.

antsingiensis, bemarahensis, and multiﬂora includes Aloe compressa var.

rugosquamosa, var.

schistophila, and var.

paucituberculata 77 Schedule 1 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Order Family Common name Exceptions/limi­ tations includes Aloe haworthioides var.

aurantiaca includes Aloe laeta var.
maniaensis Genus, species, or subspecies Aloe fragilis Aloe haworthioides Aloe helenae Aloe laeta Aloe parallelifolia Aloe parvula Aloe pillansii Aloe polyphylla spiral aloe Aloe rauhii Aloe suzannae Aloe versicolor Aloe vossii Ne­ penthaceae—Pitcher plants (Old World) Nepenthes khasiana Indian pitcher plant Nepenthes rajah giant tropical pitcher plant Orchi­ daceae—Orchids Aerangis ellisii Dendrobium cruentum Seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers are not subject to the provisions of the Act Seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers are not subject to the provisions of the Act 78 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 1 Order Family Genus, species, or subspecies Laelia jongheana Common name Laelia lobata Paphiopedilum spp.
slipper orchids, Asian slipper orchids Peristeria elata dove orchid or holy ghost orchid Phragmipedium spp.
slipper orchids, South American slipper orchids Exceptions/limi­ tations Seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers are not subject to the provisions of the Act Seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers are not subject to the provisions of the Act Seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers are not subject to the provisions of the Act Seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers are not subject to the provisions of the Act Seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers are not subject to the provisions of the Act 79 Schedule 1 Trade in Endangered Species Act 1989 Order Family Genus, species, or subspecies Renanthera imschootiana Common name red vanda Reprinted as at 27 March 2008 Exceptions/limi­ tations Seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers are not subject to the provisions of the Act Palmae (Arecaceae) —Palms Pinaceae—Guatemala ﬁr Podocarpaceae— Podocarps Rubi­ aceae—Ayuque Sarracenaceae— Pitcher plants (New World) Chrysalidocarpus decipiens Abies guatemalensis Podocarpus parlatorei Balmea stormiae Sarracenia oreophila Sarracenia rubra ssp.
alabamensis Sarracenia rubra ssp.

jonesii butterﬂy palm Guatemala ﬁr or pinabete Parlatore’s podocarp ayuque green pitcher­ plant Alabama canebrake pitcher­plant Jones’ pitcher­plant, mountain sweet pitcherplant Stangeriacea— Stangerias Zamiaceae—Cy­ cads Stangeria eriopus hottentot’s head Ceratozamia spp.

Chigua spp.

Encephalartos spp.


bread trees or bread palms Microcycas calocoma 80 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 2 Schedule 2 Species threatened by trade s 3(1) Schedule 2: substituted, on 27 March 2008, by clause 3 of the Trade in Endan­ gered Species Order 2008 (SR 2008/39).

Schedule 2 was amended, as from 22 August 1991, by clause 3(2) Trade in Endangered Species Order 1991 (SR 1991/135).
This Schedule was further amended, as from 23 August 1993, by clause 3(2) Trade in Endangered Species Order 1993 (SR 1993/268).

This Schedule was further amended, as from 7 August 1997, by clause 3(3) and (4) Trade in Endangered Species Order 1997 (SR 1997/129).

Schedule 2 was substituted, as from 1 June 2000, by clause 3 Trade in Endan­ gered Species Order 2000 (SR 2000/64).

Schedule 2 was substituted, as from 3 May 2001, by clause 3 Trade in Endan­ gered Species Order 2001 (SR 2001/55).
Schedule 2 was substituted, as from 15 January 2004, by clause 3 Trade in Endangered Species Order 2003 (SR 2003/390).

Schedule 2 was substituted, as from 12 May 2005, by clause 3 Trade in Endan­ gered Species Order 2005 (SR 2005/93).

The classes, families and species listed in this schedule are arranged in descend­ ing order by class then in alphabetical order by order, family, and species.
This order of arrangement is adopted in the Convention on International Trade in En­ dangered Species of Wild Fauna and Flora (CITES).
The entries in the column headed “Exceptions/limitations” have the effect of either— (a) (b) excluding nominated populations in the listed species; or limiting the applications of the listed species to only those populations nominated; or excluding certain species from a generic listing; or excluding nominated varieties of specimens of the listed species; or limiting the application of the listed species to only those categories of specimens nominated.
(c) (d) (e) Order Family Genus, species, or subspecies Common name MAMMALIA—MAMMALS Exceptions/limi­ tations Artio­ dactyla—even­ toed ungu­ lates Bovidae—An­ telopes, cattle, duikers, gazelles, goats, sheep, etc Ammotragus lervia Barbary sheep Bison bison athabascae Budorcas taxicolor takin wood bison Cephalophus dorsalis bay duiker 81 Schedule 2 Trade in Endangered Species Act 1989 Genus, species, or subspecies Cephalophus brookei Cephalophus ogilbyi Cephalophus silvicultor Cephalophus zebra Damaliscus pygargus pygargus Kobus leche Ovis ammon Common name Brook’s duiker Ogilby’s duiker yellow­ backed duiker banded duiker bontebok lechwe argali Ovis canadensis Ovis vignei desert bighorn Urial, red sheep Philantomba monticola Saiga borealis Saiga tatarica Lama glama guanicoe blue duiker Mongolian saiga saiga antelope guanaco Vicugna vicugna vicugna Order Family Cameli­ dae—Guanaco, vicuna 82 Reprinted as at 27 March 2008 Exceptions/limi­ tations except the subspecies included in Schedule 1 only population of Mexico except the subspecies included in Schedule 1 only certain wool, cloth, and products derived therefrom from Argentina (populations of Provinces of Jujuy and Catamarca and semi­captive populations of Provinces of Jujuy, Salta, Catamarca, La Rioja, and San Juan), Bolivia (whole Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 2 Order Family Genus, species, or subspecies Common name Exceptions/limi­ tations Cervidae—Deer, guemals, muntjacs, pudus Cervus elaphus bactrianus
 Bactrian wapiti Pudu mephistophiles Hexaprotodon liberiensis pudu pygmy hip­ popotamus Hippopotamus amphibius Moschus spp.
hippopota­ mus musk deer Hippopotami­ dae— Hipppotamuses Moschi­ dae—Musk deer Tayas­ suidae—Pecca­ ries Tayassuidae spp.
peccaries Carnivora— Carnivores Canidae—Bush dog, foxes, wolves Canis lupus grey wolf Cerdocyon thous Chrysocyon brachyurus crab­eating fox maned wolf population), Chile (population of the Primera region), and Peru (whole population); all other populations are included in Schedule 1 except populations of Afghanistan, Bhutan, India, Myanmar, Nepal, and Pakistan, which are included in Schedule 1 except species included in Schedule 1 and the populations of Pecari tajacu of Mexico and USA which are not included in the Schedules of the Act except the populations of Bhutan, India, Nepal, and Pakistan, which are included in Schedule 1 83 Schedule 2 Trade in Endangered Species Act 1989 Order Family Genus, species, or subspecies Cuon alpinus Common name Asiatic wild dog culpeo fox Lycalopex culpaeus Lycalopex fulvipes Darwin’s fox Reprinted as at 27 March 2008 Exceptions/limi­ tations Lycalopex griseus Argentine Lycalopex gymnocercus Vulpes cana Vulpes zerda grey fox Azara’s fox Blanford’s fox Fennec fox Cryptoprocta ferox fossa Eupleri­ dae—Fossa, falanouc, Mala­ gasy civet Eupleres goudotii falanouc Fossa fossana Felidae—Cats Felidae spp.
Malagasy civet all cat species except the species included in Schedule 1.

Specimens of the domesticated form are not subject to the provisions of the Act except the species included in Schedule 1 except the species included in Schedule 1 Mephiti­ dae—Hog­nosed skunk Conepatus humboldtii Hum­ boldt’s/Patag­ onian hog­nosed skunk otters Lutrinae spp.

Mustel­ idae—Badgers, martens, weasels, etc Otariidae—Fur seals, sealions Arctocephalus spp.
fur seals Phocidae—Seals Mirounga leonina Southern elephant seal 84 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 2 Order Family Ursidae—Bears, giant panda Genus, species, or subspecies Ursidae spp.
Common name bears Exceptions/limi­ tations except the populations or species included in Schedule 1 Cynogale bennettii otter civet Viverridae—Bin­ turong, civets, linsangs, ot­ ter­civet, palm civets banded palm civet Hemigalus derbyanus Prionodon linsang banded linsang whales, dolphins, porpoises Cetacea spp.

Cetacea—Dol­ phins, porpoises, whales Chi­ roptera—Bats Pteropodi­ dae—Fruit bats, ﬂying foxes Acerodon spp.

ﬂying foxes Pteropus spp.


ﬂying foxes Cingu­ lata—Ar­ madillos Dasypodi­ dae—Armadillos Chaetophractus nationi Andean hairy armadillo except the species included in Schedule 1.

Zero annual export quota for live specimens from the Black Sea population of Tursiops truncatus removed from the wild and traded for primarily commercial purposes except the species included in Schedule 1 except the species included in Schedule 1 Zero annual export quota.
All specimens shall be deemed to be specimens of species included in Schedule 1 and trade in them regulated accordingly 85 Schedule 2 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Family Macropodi­ dae—Kangaroos, wallabies Genus, species, or subspecies Dendrolagus inustus Common name grizzled grey tree kangaroo Exceptions/limi­ tations Order Diprotodon­ tia— Kangaroos, wallabies, possums, koala, wombats, and relatives Phalangeri­ dae—Cuscuses Dendrolagus ursinus Phalanger intercastellanus Phalanger mimicus Phalanger orientalis Spilocuscus kraemeri Spilocuscus maculatus Spilocuscus papuensis Zaglossus spp.
Equus hemionus Tachyglossi­ dae—Echidnas, spiny anteaters Equidae—Horses, wild asses, zebras Monotremata— Monotremes (egg­laying mammals) Perisso­ dactyla— Horses, rhinoceroses, tapirs black tree kangaroo Eastern common cuscus Southern common cuscus grey cuscus Admiralty Island cuscus common spotted cuscus black spotted cuscus, Waigeao cuscus New Guinea long­nosed echidnas Asiatic wild ass Equus kiang kiang Equus zebra hartmannae Hartmann’s mountain zebra 86 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 2 Order Family Rhinoceroti­ dae—Rhinoceroses Genus, species, or subspecies Ceratotherium simum simum Common name white rhinoceros Tapiri­ dae—Tapirs Manidae—Pan­ golins Pholidota— Pangolins Tapirus terrestris Brazilian Manis spp.
tapir pangolins Exceptions/limi­ tations only populations of South Africa and Swaziland for the exclusive purpose of allowing international trade in live animals to appropriate and acceptable destinations and hunting trophies.
All other specimens shall be deemed to be specimens of species included in Schedule 1 and trade in them is regulated accordingly zero annual export quota for Manis crassicaudata, M. culionensis, M. javanica, and M. pentadactyla for specimens removed from the wild and traded for primarily commercial purposes Pi­ losa—Anteaters, Sloths Bradypodi­ dae—Three­toed sloth Myrmecophagi­ dae—American anteaters Pri­ mates—Apes, monkeys Bradypus variegatus Myrmecophaga tridactyla Primates spp.
Bolivian three­toed sloth giant anteater all monkeys, lemurs, etc except the species listed in Schedule 1 87 Schedule 2 Trade in Endangered Species Act 1989 Order Pro­ boscidea— Elephants Family Elephanti­ dae—elephants Genus, species, or subspecies Loxodonta africana Common name African elephant Reprinted as at 27 March 2008 Exceptions/limi­ tations populations of Botswana, Namibia, South Africa, and Zimbabwe exclusively for— (1)trade in hunting trophies for non­ commercial purposes; or (2)trade in live animals for in situ conservation programmes (Namibia and South Africa) or to “appropriate and acceptable destinations” (Botswana and Zimbabwe); or (3)trade in hides; or (4)trade in leather goods: for non­ commercial purposes for Zimbabwe; for commercial or non­ commercial purposes for Botswana, Namibia, and South Africa; or (5)trade in hair; or 88 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 2 Order Family Genus, species, or subspecies Common name Sciuri­ dae—Ground squirrels, tree squirrels Tupaiidae—Tree shrews Ratufa spp.
giant squirrels Tupaiidae spp.
tree shrews Trichechi­ dae—Manatees Trichechus senegalensis West African manatee Roden­ tia—Ro­ dents Scanden­ tia— Tree shrews Sire­ nia—Sire­ nians (sea cows) AVES—BIRDS Exceptions/limi­ tations (6)trade in individually marked and certiﬁed ekipas incorporated in ﬁnished jewellery for non­ commercial purposes for Namibia and ivory carvings for non­ commercial purposes for Zimbabwe; or (7)trade in registered raw ivory (for Botswana, Namibia, South Africa, and Zimbabwe, whole tusks and pieces: subject to certain conditions (consult DOC for details)).
All other specimens from these 3 countries are included in Schedule 1 89 Schedule 2 Trade in Endangered Species Act 1989 Order Anseri­ formes— Waterfowl Family Anati­ dae—Ducks, geese, swans, etc Genus, species, or subspecies Anas bernieri Common name Madagascar teal Anas formosa Baikal teal Reprinted as at 27 March 2008 Exceptions/limi­ tations except the species included in Schedule 1 Branta ruﬁcollis Coscoroba coscoroba Cygnus melanocoryphus Dendrocygna arborea Oxyura leucocephala Sarkidiornis melanotos Trochilidae spp.
Balaeniceps rex red­breasted goose coscoroba swan black­necked swan Cuban whistling duck white­headed duck comb duck, knob­billed goose humming­ birds shoebill, whale­ headed stork Ciconia nigra black stork Phoenicopteridae spp.
Eudocimus ruber ﬂamingos scarlet ibis Geronticus calvus bald ibis Apodi­ formes— Swifts, hum­ mingbirds Ciconi­ iformes— Storks, herons, bitterns, etc Trochili­ dae—Humming­ birds Balaenicipiti­ dae—Shoebill, whale­headed stork Ciconi­ idae—Storks Phoenicopteri­ dae—Flamingos Threskiornithi­ dae—Ibises, spoonbills Platalea leucorodia Columbidae—Doves, pigeons Gallicolumba luzonica Eurasian spoonbill, white spoonbill bleeding heart pigeon Columbi­ formes— Doves, pigeons 90 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 2 Order Family Genus, species, or subspecies Goura spp.
Bucerotida—Horn­ bills Aceros spp.

Coraci­ iformes— Kingﬁshers and relatives Common name crowned or goura pigeons hornbills Exceptions/limi­ tations except the species included in Schedule 1 Anorrhinus spp.

hornbills Anthracoceros spp.

Berenicornis spp.

Buceros spp.

hornbills hornbills hornbills Penelopides spp.

hornbills Rhyciteros spp.


hornbills Cuculi­ formes— Cuckoos and relatives Falconi­ formes— Eagles, falcons, hawks, vultures Galli­ formes— Megapodes, curassows, pheasants, quails, and relatives Musophagi­ dae—Turacos Tauraco spp.

all species of turaco Phasian­ idae—Grouse, guineafowl, par­ tridges, pheas­ ants, tragopans Falconiformes spp.
all birds of prey Argusianus argus great argus Gallus sonneratii grey junglefowl Ithaginis cruentus blood Pavo muticus Polyplectron bicalcaratum pheasant green peafowl grey peacock­ pheasant except the species included in Schedule 1 except the species included in Schedule 1 Except the species included in Schedules 1 and 3 and the species of the family Cathartidae 91 Reprinted as at 27 March 2008 Exceptions/limi­ tations except the species included in Schedule 1 except the species included in Schedule 1 Schedule 2 Trade in Endangered Species Act 1989 Order Family Genus, species, or subspecies Polyplectron germaini Polyplectron malacense Polyplectron schleiermacheri Gruiformes—Coots, crains, rails Gruidae—Cranes Gruidae spp.
Common name Germain’s peacock­ pheasant Malay peacock­ pheasant Bornean peacock­ pheasant cranes Otididae—Bus­ tards Otididae spp.

bustards Cotingi­ dae—Cotingas Rupicola spp.
cocks­of­the­ rock Ember­ izidae—Cardi­ nals, tanagers Gubernatrix cristata yellow cardinal Paroaria capitata yellow­billed cardinal Paroaria coronata red­crested Tangara fastuosa Estril­ didae—Man­ nikins, waxbills Amandava formosa cardinal seven­ coloured tanager green munia Java sparrow Lonchura oryzivora black­ Poephila cincta cincta throated ﬁnch Carduelis yarrellii yellow­faced Cyornis ruckii siskin Rueck’s blue­ ﬂycatcher, Rueck’s niltava Fringilli­ dae—Finches Muscicapi­ dae—Old World ﬂycatchers Passeri­ formes— Passerines (perching birds) 92 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 2 Order Family Genus, species, or subspecies Garrulax canorus Hwamei, Common name Exceptions/limi­ tations Paradisaei­ dae—Birds of paradise Pittidae—Pittas Pycnonoti­ dae—Bulbul Sturnidae—My­ nahs (starlings) Ramphasti­ dae—Toucans Pici­ formes—Wood­ peckers and relatives melodious laughing thrush silver­eared mesia pekin robin Leiothrix argentauris Leiothrix lutea Mount Omei Liocichla omeiensis liocichla Paradisaeidae spp.
birds of paradise Pitta guajana Pitta nympha Pycnonotus zeylanicus blue­tailed pitta fairy pitta straw­ crowned Bulbul Gracula religiosa hill myna Pteroglossus aracari black­necked aracari Pteroglossus viridis Ramphastos sulfuratus Ramphastos toco Ramphastos tucanus Ramphastos vitellinus green aracari keel­billed toucan toco toucan red­billed toucan channel­ billed toucan 93 Schedule 2 Trade in Endangered Species Act 1989 Family Order Psittaci­ formes— Parrots Genus, species, or subspecies Psittaciformes spp.
all parrots and allies Common name Rheiformes—Rheas Rheidae—Rheas Pterocnemia Sphenisci­ dae—Penguins Sphenisci­ formes— Penguins Strigi­ formes—Owls pennata pennata Rhea americana Spheniscus demersus Southern lesser Rhea greater rhea jackass penguin Strigiformes spp.
owls REPTILIA—REPTILES Reprinted as at 27 March 2008 Exceptions/limi­ tations except the species included in Schedule 1 and Schedule 3, and excluding Agapornis roseicollis (peach­faced or rosy­faced love bird), Melopsittacus undulatus (budgerigar), Nymphicus hollandicus (cockatiel), and Psicttacula krameri (ring­ necked parakeet), which are not included in the Schedules to the Act except the species included in Schedule 1 except the species included in Schedule 1 Crocodylia— alligators, caimans, crocodiles Sauria—LizardsAgamidae—Aga­ Crocodylia spp.
crocodiles, alligators, caimans, and gharials spiny­tailed lizards Bradypodion spp.

dwarf Uromastyx spp.

mas, mastigures Chamaeleonidae—Chameleons Brookesia spp.

chameleons leaf chamelons except the species included in Schedule 1 Calumma spp.

chameleons Chamaeleo spp.

chameleons 94 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 2 Order Family Genus, species, or subspecies Furcifer spp.
Common name chameleons Exceptions/limi­ tations Cordyli­ dae—Spiny tailed lizards Cordylus spp.

Gekkonidae—GeckosCyrtodactylus serpensinsula Phelsuma spp.

Uroplatus spp.

Heloderma spp.


crag lizards, girdled lizards, spiny­tailed lizards Serpent Island gecko day geckos leaf­tailed geckos poisonous lizards except the subspecies included in Schedule 1 Helodermati­ dae—Beaded lizards, gila mon­ ster Iguanidae—Igua­ nas Lacer­ tidae—Lizards Teiidae—Caiman lizards, tegu lizards Varanidae—Moni­ tor lizards Amblyrhynchus cristatus Galapagos marine iguana Conolophus spp.

Galapagos Iguana spp.


Phrynosoma coronatum Podarcis lilfordi Podarcis pityusensis Crocodilurus amazonicus land iguanas iguanas coast horned lizard Lilford’s wall lizard Ibiza wall lizard crocodile tegu Dracaena spp.

Tupinambis spp.

Caiman lizards tegus Varanus spp.

monitors Xenosauri­ dae—Chinese crocodile lizard Boidae—Boas Ser­ pentes—Snakes Shinisaurus crocodilurus Boidae spp.
Chinese crocodile lizard all boas, pythons, anacondas except the species included in Schedule 1 except the species included in Schedule 1 95 Schedule 2 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Order Family Bolyeri­ idae—Round Is­ land boas Colubri­ dae—Typical snakes, water snakes, whip­ snakes Elapidae—Co­ bras, coral snakes 96 Genus, species, or subspecies Bolyeriidae spp.
Common name Round Island boas Exceptions/limi­ tations except the species included in Schedule 1 Clelia clelia mussurana Cyclagras gigas Elachistodon westermanni Ptyas mucosus Hoplocephalus bungaroides Naja atra Naja kaouthia Naja mandalayensis Naja naja Naja oxiana Naja philippinensis Naja sagittifera Naja samarensis Naja siamensis Naja sputatrix Naja sumatrana Ophiophagus hannah false water cobra Indian egg­ eating snake Oriental rat snake broad­headed snake Chinese cobra, Taiwan cobra monocled cobra Burmese spitting cobra Asiatic cobra Central Asian cobra Northern Philippine cobra Andaman cobra Southeastern Philippine cobra Indochinese spitting cobra Southern Indonesian spitting cobra Sumatran cobra, Equatorial spitting cobra King cobra Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 2 Order Testudines —Turtles, tortoises Genus, species, or subspecies Loxocemidae spp.
New World Common name Exceptions/limi­ tations Family Loxocemi­ dae—Mexican dwarf boa Pythonidae—PythonsPythonidae spp.

pythons true pythons except the sub­species included in Schedule 1 Tropidophi­ idae—Wood boas Viperi­ dae—Vipers Carettochelyi­ dae—Pig­nosed turtles Chelidae—Aus­ tro­American side­necked tur­ tles Dermatemydi­ dae— Central American river turtle Emydidae—Box turtles, freshwater turtles Tropidophiidae spp.
Vipera wagneri wood boas Iranian viper Carettochelys insculpta pig­nosed turtle Chelodina mccordi Roti snake­ necked turtle Dermatemys mawii Glyptemys insculpta Terrapene spp.

Central American river turtle wood turtle American box turtles except the species included in Schedule 1 Geoemydidae —Box turtles, freshwater turtles Callagur borneoensis painted terrapin Cuora spp.
Heosemys annandalii Asian box turtles yellow­ headed temple turtle Akaran forest turtle Heosemys depressa Heosemys grandis giant Asian pond turtle Heosemys spinosa spiny terrapin, spiny turtle, sunburst turtle 97 Schedule 2 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Order Family Genus, species, or subspecies Kachuga spp.
Common name roofed turtles Exceptions/limi­ tations Leucocephalon yuwonoi Malayemys macrocephala Malayemys subtrijuga Mauremys annamensis Sulawesi forest turtle Malayan snail­eating turtle Malayan snail­eating turtle Annam leaf turtle, Annam pond turtle Mauremys mutica yellow pond Notochelys platynota turtle Malayan ﬂat­shelled turtle Orlitia borneensis Bornean Pangshura spp.
Siebenrockiella crassicollis Siebenrockiella leytensis Platysternon megacephalum Erymnochelys madagascariensis Peltocephalus dumerilianus Podocnemis spp.
river turtle, Malaysian giant turtle Indian roofed turtles black marsh turtle Leyte pond turtle big­headed turtle Madagascar big­headed side­neck turtle big­headed Amazon river turtle South American river turtles except the species included in Schedule 1 Platystern­ idae—Big­ headed turtle Podocnemi­ didae—Afro­ American side­necked tur­ tles 98 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 2 Order Family Testu­ dinidae—Tor­ toises Genus, species, or subspecies Testudinidae spp.
Common name tortoises Trionychi­ dae—Softshell turtles, terrapins Amyda cartilaginea Chitra spp.

South­East Asian softshell turtle narrow headed softshell turtles Lissemys punctata Indian ﬂap­ shelled turtle Lissemys scutata Burmese ﬂapshell turtle giant softshell turtles Pelochelys spp.

Exceptions/limi­ tations except the species included in Schedule 1.
A zero annual export quota has been established for Geochelone sulcata for specimens removed from the wild and traded for primarily commercial purposes 99 Schedule 2 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Order Family Genus, species, or subspecies Common name AMPHIBIA—AMPHIBIANS Exceptions/limi­ tations Anura—Frogs, toads Dendrobati­ dae—Poison frogs Allobates femoralis Allobates zaparo Dendrobates spp.
brilliant­ thighed poison frog sanguine poison frog poison frogs Epipedobates spp.

poison frogs Phyllobates spp.

poison frogs Mantella spp.

Scaphiophryne gottlebei Mantelli­ dae—Mantellas Microhyli­ dae—Red rain frog, tomato frog Myobatrachi­ dae—Gas­ tric­brooding frogs Ranidae—Frogs Euphlyctis Rheobatrachus spp.
Cau­ data—Sala­ manders Ambystomi­ dae—Axolotls hexadactylus Hoplobatrachus tigerinus Ambystoma dumerilii Ambystoma mexicanum mantellas rainbow burrowing frog Gastric brooding frogs six­ﬁngered frog Indian bullfrog Lake Patzcuaro salamander axolotl ELASMOBRANCHII—SHARKS Lamni­ formes— Mackerel sharks Ce­ torhinidae—Bask­ ing shark Cetorhinus maximus basking shark Lam­ nidae—Great white shark Rhincodonti­ dae—Whale shark Orectolobi­ formes— Carpet sharks Carcharodon carcharias great white shark Rhincodon typus whale shark 100 Exceptions/limi­ tations for the exclusive purpose of allowing international trade in live animals to appropriate and acceptable aquaria for primarily conservation purposes except the species included in Schedule 1 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 2 Order Raji­ formes—Skates Family Pristidae—Saw­ ﬁshes Genus, species, or subspecies Pristis microdon Common name freshwater sawﬁsh Acipenseri­ formes— Paddleﬁsh, sturgeons Anguilli­ formes— Eels Cyprini­ formes— Minnows, suckers Osteoglossi­ formes— Bony­ tongues Perci­ formes— Perch­like ﬁshes Syngnathi­ formes— pipeﬁshes, seahorses ACTINOPTERYGII—FISH Acipenseriformes spp.
Sturgeons Anguilla anguilla European eel comes into force on 13/3/2009 Cyprinidae—Blind carps, plaeesok Caeocobarbus geertsi African blind barb ﬁsh Osteoglossi­ dae—Arapaima, bonytongue Arapaima gigas Arapaima Labri­ dae—Wrasses Cheilinus undulatus humphead wrasse Syngnathi­ dae—Pipeﬁshes, seahorses Hippocampus spp.
seahorses 101 Schedule 2 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Order Family Genus, species, or subspecies Common name Exceptions/limi­ tations SARCOPTERYGII—LUNGFISHES Ceratodon­ tiformes— Australian lungﬁsh Ceratodonti­ dae—Australian lungﬁsh Neoceratodus forsteri Australian lungﬁsh ARACHNIDA—SPIDERS Araneae—Spi­ ders Theraposi­ dae—Red­kneed tarantulas, taran­ tulas Aphonopelma albiceps curly­hair tarantula Scorpi­ ones— Scorpions Aphonopelma pallidum Brachypelma spp.
Mexi­ Mexican grey tarantula can/Central American tarantulas scorpion giant Senegalese scorpion emperor scorpion Pandinus dictator Pandinus gambiensis Pandinus imperator INSECTA—INSECTS Lepi­ doptera—But­ terﬂies, moths Papilion­ idae—Birdwing butterﬂies, swal­ lowtail butterﬂies Atrophaneura jophon Sri Lankan rose, Ceylon ros except the species included in Schedule 1 Atrophaneura pandiyana Bhutanitis spp.

swallowtail butterﬂies Ornithoptera spp.


birdwing butterﬂies Parnassius apollo apollo butterﬂy Teinopalpus spp.

Kaiserihinds Trogonoptera spp.

birdwing butterﬂies birdwing butterﬂies Troides spp.
HIRUDINOIDEA—LEECHES 102 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 2 Order Arhynchob­ dellida— Leeches Family Hiru­ dinidae—Medici­ nal leech Genus, species, or subspecies Hirudo medicinalis Common name medicinal leech Exceptions/limi­ tations BIVALVIA—CLAMS, MUSSELS Mytiloida—Com­ mon mussels Union­ ida—Fresh­ water mus­ sels Mytilidae—Mar­ ine mussels Union­ idae—Freshwater mussels, pearly mussels Tridacnidae—gi­ ant clams Ven­ eroida—clams, cockles, zebra mussels Lithophaga lithophaga Mediter­ ranean date mussel Cyprogenia aberti edible pearly mussel Epioblasma torulosa rangiana tan­ blossomed pearly mussel Pleurobema clava clubshell Tridacnidae spp.
pearly mussel giant clams 103 Schedule 2 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Order Family Genus, species, or subspecies Common name Exceptions/limi­ tations GASTROPODA—SNAILS AND CONCHES Strom­ bidae—Queen conch Ca­ maenidae—Green tree snail Strombus gigas queen conch Papustyla pulcherrima Manus green tree snail ANTHOZOA—CORALS, SEA ANEMOMES Antipatharia spp.

all black corals Helioporidae spp.

blue corals, Heliopori­ dae—Blue corals Scleractinia spp.
Mesogas­ tropoda— Proso­ branchs Stylom­ matophora— Terrestrial snails and slugs An­ tipatharia— Black corals Heliopo­ racea— Blue corals Sclerac­ tinia— Stony corals excluding fossils; includes only the species Heliopora coerulea excluding fossils excluding fossils blue ridge corals all brown stem cluster corals, brush corals, rose tree corals, white lace corals, cauliﬂower corals organ­pipe corals Stolonifera—Or­ gan­pipe corals Tubipori­ dae—Organ­pipe corals Tubiporidae spp.
HYDROZOA—SEA FERNS, FIRE CORALS, STINGING MEDUSAE Milleporidae spp.

ﬁre corals, excluding fossils Millepo­ rina—Fire corals Millepori­ dae—Fire corals yellow ﬁre corals, stinging corals lace corals excluding fossils Stylaste­ rina— Lace corals Stylasteri­ dae—Lace corals Stylasteridae spp.
FLORA—PLANTS Agavaceae—AgavesAgave victoriae­ queen agave #1 reginae Nolina interrata Dehesa bear­grass, San Diego bear grass 104 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 2 Order Family Amarylli­ daceae—Snow­ drops, sternber­ gias Apocy­ naceae—Ele­ phant trunks, hoodias Araliaceae—Gin­ seng Genus, species, or subspecies Galanthus spp.

Common name snowdrops Exceptions/limi­ tations #1 Sternbergia spp.

sternbergias Hoodia spp.

hoodia #1 #9 Pachypodium spp.
elephant trunks Rauvolﬁa serpentina Panax ginseng snake­root, devil­pepper red ginseng Panax quinquefolius Podophyllum hexandrum American ginseng Himalayan may apple Tillandsia harrisii Harris’ tillandsia Berberi­ daceae—May­ Apple Bromeli­ aceae—Air plants, bromelias Tillandsia kammii Kamm’s tillandsia Tillandsia kautskyi Kautsky’s tillandsia Maury’s tillandsia Sprengei’s tillandsia sucrei tillandsia xerographic tillandsia Tillandsia mauryana Tillandsia sprengeliana Tillandsia sucrei Tillandsia xerographica #1; except the species included in Schedule 1 #2 #3; only the population of the Russian Federation; no other population is included in the Schedules #3 #2 #1 #1 #1 #1 #1 #1 #1 105 Schedule 2 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Order Family Cac­ taceae—Cacti Genus, species, or subspecies Cactaceae spp.
Common name cactus plants #4; except species Exceptions/limi­ tations included in Schedule 1 and except Pereskia spp., Pereskiop­ sis spp., and Quiabentia spp.
Artiﬁcially prop­ agated specimens of the following hybrids and/or cultivars are not subject to the provisions of the Act: Hatiora x graeseri; Schlum­ bergera x buck­ leyi; Schlumberg­ era russelliana x Schlumbergera truncata; Schlum­ bergera orssichi­ ana x Schlum­ bergera truncata; Schlumbergera opuntioides x Schlumbergera truncata; Schlum­ bergera truncata (cultivars);Cac­ taceae spp.
colour mutants lack­ ing chlorophyll, grafted on the fol­ lowing grafting stocks: Harrisia “Jusbertii”, Hy­ locereus trigonus or Hylocereus un­ datus; Opuntia microdasys (culti­ vars) #1 Cary­ ocaraceae—Ajo Crassu­ laceae—Dud­ leyas Caryocar costaricense Dudleya stolonifera costus Laguna Beach dudleya 106 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 2 Order Family Cy­ atheaceae—Tree ferns Cy­ cadaceae—Cy­ cads Dicksoni­ aceae—Tree ferns Didieraceae—Al­ laudias, didiereas Dioscore­ aceae—ele­ phant’s foot, kniss Droser­ aceae—Venus ﬂytrap Euphoribi­ aceae—Euphor­ bias Genus, species, or subspecies Dudleya traskiae Cyathea spp.
Common name Santa Barbara Island dudleya tree ferns Cycadaceae spp.

cycads Cibotium barometz Dicksonia spp.

tree ferns Exceptions/limi­ tations #1 #1; except the species included in Schedule 1 #1 #1; only the population of the Americas; no other population is included in the Schedules #1 #1 allaudias, didiereas elephant’s foot Didiereaceae spp.

Dioscorea deltoidea Dionaea muscipula Venus ﬂytrap #1 Euphorbia spp.

euphorbias #1; succulent species only; except the species included in Schedule 1.
Artiﬁcially propagated specimens on cultivars of Euphorbia trigona, artiﬁcially propagated specimens of crested, fan­shaped or colour mutants of Eurphorbia lactea, when grafted on artiﬁcally 107 Schedule 2 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Order Family Genus, species, or subspecies Common name Exceptions/limi­ tations propagated root stock of Euphorbia neriifolia, and artiﬁcally propagated specimens of cultivars of Euphorbia “Milii” when they are traded in shipments of 100 or more plants and readily recognisable as artiﬁcially propagated specimens, are not subject to the provisions of the Act #1 boojum tree gavilan #1 Brazil wood #10 Fouquieria columnaris Oreomunnea pterocarpa Caesalpinia echinata Fouquieri­ aceae—Ocotillos Juglan­ daceae—Gavilan Leguminosae (Fabaceae)—Afror­ mosia, cristobal, rosewood, sandalwood Pericopsis elata African teak Platymiscium pleiostachyum Pterocarpus santalinus Liliaceae—Aloes Aloe spp.
quira, macawood red sanders aloes #5 #1 #7 #1; except the species included in Schedule 1; also excludes Aloe vera, also referenced as Aloe barbadensis, which is not included in the Schedules 108 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 2 Order Family Meliaceae—ma­ hoganies, spanish cedar Genus, species, or subspecies Swietenia humilis Mexican Common name Exceptions/limi­ tations #1 Swietenia macrophylla Swietenia mahogani Nepenthes spp.

Orchidaceae spp.
Orchidaceae spp.

Ne­ penthaceae—pitcher plants (Old World) Orchi­ daceae—orchids mahogany, Honduras mahogany big­leaf mahogany American mahogany pitcher plants #1; except the #6; populations of the neotropics #5 orchids species included in Schedule 1 #1; except species included in Schedule 1.
Artiﬁcially propagated hybrids of the genera Cymbidium, Dendrobium, Phalaenopsis, and Vanda are not subject to the provisions of the Act when: (a)specimens are readily recognisable as artiﬁcially propagated and do not show any signs of having been collected in the wild such as mechanical damage or strong dehydration resulting from collection, irregular growth and heterogeneous size and shape within a taxon and shipment, algae or other 109 Schedule 2 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Order Family Genus, species, or subspecies Common name Exceptions/limi­ tations (b) (i) epiphyllous organisms adhering to leaves, or damage by insects or other pests; and when shipped in non­ﬂow­ ering state, the speci­ mens must be traded in shipments consisting of individual containers (such as car­ tons, boxes, crates, or individual shelves of CC­contain­ ers) each containing 20 or more plants of the same hybrid; the plants within each container must exhibit a high de­ gree of uni­ formity and healthiness; and the ship­ ment must be accompan­ ied by docu­ mentation, such as in­ voice, which clearly states the number of plants of each hybrid; or 110 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 2 Order Family Genus, species, or subspecies Common name Exceptions/limi­ tations (b) (ii) when shipped in ﬂowering state, with at least 1 fully open ﬂower per speci­ men, no min­ imum num­ ber of spe­ cimens per shipment is required but specimens must be pro­ fessionally processed for commercial retail sale, eg, labelled with printed labels or packaged with printed packages in­ dicating the name of the hybrid and the coun­ try of ﬁnal processing.
This should be clearly visible and allow easy veriﬁca­ tion.

Plants not clearly qualifying for the ex­ emption must be ac­ companied by appropri­ ate CITES documents.
Oroban­ chaceae—Broom­ rape Cistanche deserticola desert cistanche #1 111 Schedule 2 Trade in Endangered Species Act 1989 Order Family Palmae (Are­ caceae)—Palms Genus, species, or subspecies Beccariophoenix madagascariensis Common name Manarano palm, Maruala palm red lemur palm Lemurophoenix halleuxii Marojejya darianii big leaf palm, Reprinted as at 27 March 2008 Exceptions/limi­ tations #1 Madagascar palm triangle palm #1 Neodypsis decaryi Ravenea louvelii Ravenea rivularis majesty palm satranabe Satranala decussilvae palm Voanioala gerardii forest Portu­ laceae—lewisias, portulacas, purslanes Anacampseros spp.
coconut purselanes Avonia spp.

Lewisia serrata Cyclamen spp.

saw­toothed lewisia cyclamens Primu­ laceae—Cycla­ mens Orothamnus zeyheri Protea odorata Adonis vernalis Proteaceae—Pro­ teas Ranuncu­ laceae—golden seals, yellow ado­ nis, yellow root Hydrastis canadensis Prunus africana Rosaceae—African cherry, stinkwood marsh­rose ground­rose yellow adonis, spring adonis goldenseal African stinkwood 112 #1 #1 #1 #1; except artiﬁcially propagated cultivars of Cyclamen persicum (cultivars).
Exemption does not apply to specimens traded as dormant tubers #1 #1 #2 #8 #1 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 2 Genus, species, or subspecies Sarracenia spp.

Exceptions/limi­ tations Common name pitcher­plants # 1; except the species included in Schedule 1 Order Family Sarrace­ naceae—Pitcher plants (New World) Scrophulari­ aceae—Kutki Stangeri­ aceae—Stange­ rias Taxaceae—Hi­ malayan yew Picrorhiza kurrooa Bowenia spp.
Taxus chinensis and infraspeciﬁc taxa of this species Taxus cuspidata and infraspeciﬁc taxa of this species #2; excludes Picrorhiza scrophulariiﬂora #1 #2 #2.
Artiﬁcially propagated hybrids and cultivars of Taxus cuspidata, live, in pots or other small containers, each consignment being accompanied by a label or document stating the name of the taxon or taxa and the text “artiﬁcially propagated”, are not subject to the provisions of the Act #2 #2 #2 #1 #1 #1 113 Taxus fuana and infraspeciﬁc taxa of this species Taxus sumatrana and infraspeciﬁc taxa of this species Taxus wallichiana Himalayan Aquilaria spp.

yew agarwood Gonystylus spp.

ramin Gyrinops spp.


agarwood Thymelaeaceae (Aquila­ raceae)—Agar­ wood, Ramin Schedule 2 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Order Family Valeranci­ aceae—Hi­ malayan Spike­ nard Welwitschi­ aceae—Wel­ witschia Zamiaceae—Cy­ cads Genus, species, or subspecies Nardostachys grandiﬂora Common name Himalayan spikenard Exceptions/limi­ tations #2 Welwitschia mirabilis welwitschia #1 Zamiaceae spp.
cycads #1; except the species included in Schedule 1 In the column headed “Exceptions/limitations”, the symbol # followed by a number refers to the following footnotes that indicate the parts or derivatives of plants that are designated as “specimens” subject to the provisions of the Act.
Notes 1 All parts and derivatives except: (a) (b) (c) (d) seeds, spores, pollen (including pollinia); and seedling or tissue cultures obtain in vitro, in solid or liquid media, trans­ ported in sterile containers; and cut ﬂowers and artiﬁcially propagated plants; and fruits and parts and derivatives thereof of artiﬁcially propagated plants of the genus Vanilla.

2 All parts and derivatives except: (a) (b) seeds and pollen; and ﬁnished products packaged and ready for the retail trade.
3 Whole and sliced roots and parts of roots.
4 All parts and derivatives except: (a) (b) (c) (d) (e) seeds, except those from Mexican cacti originating in Mexico, and pollen; and seedling or tissue cultures obtained in vitro, solid or liquid media, trans­ ported in sterile containers; and cut ﬂowers of artiﬁcially propagated plants; and fruits and parts and derivatives thereof of naturalised artiﬁcially propa­ gated plants; and separate stem joints (pads) and parts and derivatives thereof of natu­ ralised or artiﬁcially propagated plants of the genus Opuntia subgenus Opuntia.
5 Logs, sawn wood, and veneer sheets.

6 Logs, sawn wood, veneer sheets, and plywood.

7 Logs, wood chips, powder, and extracts.

8 Underground parts (ie, roots, rhizomes): whole, parts, and powdered.

114 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 3 9 All parts and derivatives except those bearing a label “produced from Hoodia spp.
material obtained through controlled harvesting and production in collab­ oration with the CITES Management Authorities of Botswana/Namibia/South Africa under agreement no.

BW/NA/ZA xxxx”.

10 Logs, sawn wood, veneer sheets, including unﬁnished wood articles used for the fabrication of bows for stringed musical instruments.

Schedule 3 Species exploited by trade s 3(1) Schedule 3: substituted, on 27 March 2008, by clause 3 of the Trade in Endan­ gered Species Order 2008 (SR 2008/39).
Schedule 3 was amended, as from 22 August 1991, by clause 3(3) Trade in Endangered Species Order 1991 (SR 1991/135).

This Schedule was further amended, as from 23 August 1993, by clause 3(5) Trade in Endangered Species Order 1993 (SR 1993/268).

This Schedule was further amended, as from 7 August 1997, by clause 3(5) Trade in Endangered Species Order 1997 (SR 1997/129).

Schedule 3 was substituted, as from 1 June 2000, by clause 3 Trade in Endan­ gered Species Order 2000 (SR 2000/64).
Schedule 3 was substituted, as from 3 May 2001, by clause 3 Trade in Endan­ gered Species Order 2001 (SR 2001/55).

Schedule 3 was substituted, as from 15 January 2004, by clause 3 Trade in Endangered Species Order 2003 (SR 2003/390).

Schedule 3 was substituted, as from 12 May 2005, by clause 3 Trade in Endan­ gered Species Order 2005 (SR 2005/93).
The classes, families, and species listed in this schedule are arranged in descend­ ing order by class then in alphabetical order by order, family, and species.

This order of arrangement is adopted in the Convention on International Trade in En­ dangered Species of Wild Fauna and Flora (CITES).
The countries listed in the column headed “Exceptions/limitations and Countries requiring export permit” are parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora that require an export permit to authorise trade in the species listed in the schedule.

Trade in the species in relation to other countries that are party to the Convention requires a certiﬁcate of origin.
Order Family Genus, species, or subspecies Common name MAMMALIA—MAMMALS Exceptions/limi­ tations and Countries re­ quiring export permit 115 Schedule 3 Trade in Endangered Species Act 1989 Order Artio­ dactyla—Even­ toed ungu­ lates Family Bovidae—An­ telopes, cattle, duikers, gazelles, goats, sheep, etc Genus, species, or subspecies Antilope cervicapra Common name blackbuck Bubalus arnee Asiatic buffalo Reprinted as at 27 March 2008 Exceptions/limi­ tations and Countries re­ quiring export permit Nepal Nepal; excludes domesticated form, referenced as Bubalus bubalis Algeria, Tunisia Dorcas gazelle four­horned antelope Tunisian deer Algeria, Tunisia Nepal red brocket deer white­tailed deer Guatemala Guatemala golden jackal India red fox India red fox India Indian grey mongoose Indian brown mongoose small Indian mongoose ruddy mongoose crab­eating mongoose India India India India India Gazella dorcas Tetracerus quadricornis Cervus elaphus barbarus Mazama temama cerasina Odocoileus virginianus mayensis Canis aureus Cervidae—Deer, guemals, muntjacs, pudus Car­ nivora—Car­ nivores Canidae—Bush dog, foxes, wolves Herpesti­ dae—Mongooses Vulpes vulpes grifﬁthi Vulpes vulpes montana Vulpes vulpes pusilla Herpestes edwardsi Herpestes fuscus Herpestes javanicus auropunctatus Herpestes smithii Herpestes urva 116 Vulpes bengalensis Bengal fox red fox India India Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 3 Exceptions/limi­ tations and Countries re­ quiring export permit India Botswana
 Common name stripe­necked mongoose aardwolf tayra Honduras Genus, species, or subspecies Herpestes vitticollis Proteles cristata Eira barbara Order Family Hyaenidae—Aard­ wolf Mustelinae—Grisons, honey badger, martens, tayra, weasels Galictis vittata greater grison Costa Rica Martes ﬂavigula India yellow­ throated marten Central Asian stone marten India Martes foina intermedia Martes gwatkinsii Nilgiri marten Mellivora capensis honey badger Botswana India Mustela altaica alpine weasel India Mustela erminea
 ferghanae Mustela kathiah Mustela sibirica Odobenidae—Wal­ rus Procy­ onidae—Coatis, kinkajou, olingos Odobenus rosmarus Bassaricyon gabbii Bassariscus sumichrasti Nasua narica Nasua nasua solitaria Potos ﬂavus stoat yellow­ bellied weasel Siberian weasel walrus India India India Canada bushy­tailed olingo Costa Rica Costa Rica Central American cacomistle northern coati Honduras South Brazilian coati kinkajou Uruguay Honduras 117 Schedule 3 Trade in Endangered Species Act 1989 Genus, species, or subspecies Arctictis binturong binturong Common name Order Family Viverridae—Bin­ turong, civets, linsangs, ot­ ter­civet, palm civets Reprinted as at 27 March 2008 Exceptions/limi­ tations and Countries re­ quiring export permit India Civettictis civetta African civet Botswana Paguma larvata Paradoxurus hermaphroditus Paradoxurus jerdoni Viverra civettina Viverra zibetha masked palm civet common palm civet India India palm civet India large­spotted civet large Indian civet India India Viverricula indica small Indian India Platyrrhinus lineatus civet white­lined bat Uruguay Cabassous centralis naked­tailed armadillo Costa Rica Cabassous tatouay greater Uruguay Choloepus hoffmanni Tamandua mexicana naked­tailed armadillo Hoffman’s sloth Costa Rica northern tamandua Guatemala Cuniculus paca paca Honduras Chi­ roptera—Bats Cingu­ lata—Ar­ madillos Phyllostomi­ dae—Broad­ nosed bat Dasypodi­ dae—Armadillos Pi­ losa—Anteaters, Sloths Myrmecophagi­ dae—American anteaters Cuniculi­
 dae—Paca Roden­ tia—Ro­ dents Dasyprocti­ dae—Agouti Dasyprocta punctata Erethizonti­ dae—New World porcupines Sphiggurus mexicanus Central American agouti Mexican porcupine Honduras Honduras 118 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 3 Order Family Sciuri­ dae—Ground squirrels, tree squirrels Exceptions/limi­ tations and Countries re­ quiring export permit Uruguay India India Costa Rica Common Genus, species, or name subspecies spiny tree Sphiggurus spinosus porcupine
 Marmota caudata long­tailed marmot Marmota himalayana Sciurus deppei Himalayan marmot Deppe’s squirrel AVES—BIRDS Anseri­ formes— Waterfowl Anati­ dae—Ducks, geese, swans, etc Cairina moschata muscovy duck Honduras Charadri­ iformes— Shorebirds and relatives Columbi­ formes— Doves, pigeons Falconi­ formes— Eagles, falcons, hawks, vultures Galli­ formes— megapodes, curassows, pheasants, quails, and relatives Dendrocygna autumnalis Burhinidae—Thick­ knee Dendrocygna bicolor Burhinus bistriatus red­billed whistling duck fulvous tree duck double­ striped thick­knee Columbidae—Doves, pigeons Nesoenas mayeri Mauritius pink pigeon Honduras Honduras Guatemala Mauritius Cathar­ tidae—New World vultures Sarcoramphus papa king vulture Honduras Craci­ dae—Chacha­ lacas, curassows, guans Crax alberti blue­knobbed curassow Colombia 119 Schedule 3 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 Exceptions/limi­ tations and Countries re­ quiring export permit Colombia Colombia Colombia, Costa Rica, Guatemala, Honduras Guatemala, Honduras Colombia Common name yellow­ knobbed curassow wattled curassow great curassow plain chachalaca northern helmeted curassow crested guan Honduras highland guan bar­backed partridge Guatemala Malaysia Order Family Phasian­ idae—Grouse, guineafowl, par­ tridges, pheas­ ants, tragopans Genus, species, or subspecies Crax daubentoni Crax globulosa Crax rubra Ortalis vetula Pauxi pauxi Penelope purpurascens Penelopina nigra Arborophila
 campbelli Caloperdix oculeus Arborophila charltonii Lophura erythrophthalma chestnut­ breasted tree partridge ferruginous wood partridge crestless ﬁreback pheasant crested ﬁreback pheasant black wood Melanoperdix niger partridge Meleagris ocellata ocellated Lophura ignita Polyplectron inopinatum Rhizothera dulitensis turkey Rothschild’s peacock­ pheasant Hose’s partridge 120 Malaysia Malaysia Malaysia Malaysia Malaysia Guatemala Malaysia Malaysia Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989
 Schedule 3 Order Family Genus, species, or subspecies Rhizothera longirostris Rollulus rouloul Tragopan satyra Cotingi­ dae—Cotingas Cephalopterus ornatus Passeri­ formes— Passerines (perching birds) Exceptions/limi­ tations and Countries re­ quiring export permit Malaysia Malaysia Nepal Colombia Common name long­billed wood partridge crested wood partridge satyr tragopan, Indian tragopan, crimson horned pheasant Amazonian umbrellabird, ornate umbrellabird Muscicapi­ dae—Old World ﬂycatchers Capi­ tonidae—Barbet Pici­ formes—Wood­ peckers and relatives Ramphasti­ dae—Toucans Cephalopterus penduliger Acrocephalus rodericanus Terpsiphone bourbonnensis Semnornis ramphastinus long­wattled umbrellabird Rodrigues warbler Colombia Mauritius Mauritius Mascarene paradise­ ﬂycatcher toucan barbet Colombia Baillonius bailloni safffron toucanet chestnut­ eared aracari red­breasted toucan spot­billed toucanet Pteroglossus castanotis Ramphastos dicolorus Selenidera maculirostris Argentina Argentina Argentina Argentina 121 Schedule 3 Trade in Endangered Species Act 1989 Order Family Genus, species, or subspecies Common name REPTILIA—REPTILES Sauria—LizardsGekkonidae—GeckosHoplodactylus spp.
Naultinus spp.
Atretium schistosum Ser­ pentes—Snakes Colubri­ dae—Typical snakes, water snakes, whip­ snakes New Zealand brown geckos, sticky­toed geckos New Zealand tree geckos olive keel­ back snake Reprinted as at 27 March 2008 Exceptions/limi­ tations and Countries re­ quiring export permit New Zealand New Zealand India Cerberus rynchops dog­faced India Xenochrophis piscator water snake checkered keelback water snake India Micrurus diastema Atlantic coral Honduras Micrurus nigrocinctus Crotalus durissus Daboia russellii Macrochelys temminckii snake black­banded coral snake tropical rattlesnake Russell’s viper alligator snapping turtle Honduras Honduras India United States of America Graptemys spp.
map turtles United States of America Geoemyda spengleri China black­ breasted leaf turtle Mauremys iversoni Iverson’s China Mauremys megalocephala pond turtle, Fujian pond turtle Chinese broad­headed pond turtle China Elapidae—Co­ bras, coral snakes Viperi­ dae—Vipers Tes­ tudines—Tur­ tles, tortoises Chelydri­ dae—Snapping turtles Emydidae—Box turtles, freshwater turtles Geoemydi­ dae—Box turtles, freshwater turtles 122 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 3 Order Family Trionychi­ dae—Softshell turtles, terrapins Exceptions/limi­ tations and Countries re­ quiring export permit China China Genus, species, or subspecies Mauremys nigricans Mauremys pritchardi Common name red­necked pond turtle, Kwangchung river turtle Pritchard’s pond turtle, Lashio pond turtle Mauremys reevesii Reeve’s China turtle, Chinese three­keeled pond turtle Mauremys sinensis Chinese China Ocadia glyphistoma stripe­necked turtle Guanxi stripe­necked turtle China Ocadia philippeni Philippen’s China Sacalia bealei Sacalia pseudocellata Sacalia quadriocellata Palea steindachneri Pelodiscus axenaria Pelodiscus maackii Pelodiscus parviformis stripe­necked turtle Beal’s eyed turtle, eye­ spotted turtle Chinese false­eyed turtle four­eyed turtle wattle­ necked softshell turtle Chinese softshell turtle Chinese softshell turtle Chinese softshell turtle China China China China China China China 123 Schedule 3 Trade in Endangered Species Act 1989 Order Family Common name Genus, species, or subspecies Rafetus
 swinhoei Yangtze softshell turtle Reprinted as at 27 March 2008 Exceptions/limi­ tations and Countries re­ quiring export permit China HOLOTHUROIDEA—SEA CUCUMBERS Aspidochi­ rotida— Sea Cucumbers Stichopodi­ dae—Sea cu­ cumbers Lu­ Coleoptera—Bee­ canidae—Cape tles stage beetles Isostichopus fuscus sea cucumber Ecuador INSECTA—INSECTS Colophon spp.
Cape stag beetles South Africa GASTROPODA—SNAILS AND CONCHES Halioti­ dae—Abalones Haliotis midae South Africa South African abalone Archaeogas­ tropoda— Marine Gastropods 124 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Schedule 3 Order Family Genus, species, or subspecies FLORA—PLANTS Common name Gnetum montanum Dalbergia retusa Hemdl cocobolo Gne­ taceae—Gnetums Leguminosae (Fabaceae)—Afror­ mosia, cristobal, rosewood, sandalwood Dalbergia stevensonii Standl Honduras rosewood Dipteryx panamensis Magnolia liliifora var.
obovata Cedrela odorata Magnoliaceae— Magnolias Meliaceae—Ma­ hoganies, Span­ ish Cedar red cedar, cigar­box wood, Spanish cedar Exceptions/limi­ tations and Countries re­ quiring export permit #1; Nepal #5; Guatemala; population of Guatemala #5; Guatemala; population of Guatemala Costa Rica, Nicaragua #1; Nepal #5; Colombia, population of Colombia; Guatemala, population of Guatemala; Peru, population of Peru.
#1; Nepal Papaveraceae— Poppies Podocarpaceae— Podocarps Trochoden­ draceae (Tetracen­ traceae)— Tetracentron Zygophyl­ laceae— Lignum­Vitae Meconopsis regia Himalayan Podocarpus neriifolius Tetracentron sinense poppy yellow wood #1; Nepal #1; Nepal Bulnesia sarmientoi palo santo, verawood only logs, sawn wood, veneer sheets, plywood, powder, and extracts; Argentina 125 Schedule 3 Trade in Endangered Species Act 1989 Reprinted as at 27 March 2008 In the column headed “Exceptions/limitations and Countries requiring export per­ mit”, the symbol # followed by a number refers to the following footnotes that in­ dicate the parts or derivatives of plants that are designated as “specimens” subject to the provisions of the Act.
Notes 1 All parts and derivatives except— (a) (b) seeds, spores, pollen (including pollinia); and seedling or tissue cultures obtain in vitro, in solid or liquid media, trans­ ported in sterile containers; and cut ﬂowers and artiﬁcially propagated plants ; and fruits and parts and derivatives thereof of artiﬁcially propagated plants of the genus Vanilla.

5 Logs, sawn wood, and veneer sheets.


(c) (d) 126 Reprinted as at 27 March 2008 Trade in Endangered Species Act 1989 Notes Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) Notes 1 2 3 General This is an eprint of the Trade in Endangered Species Act It incorporates all the amendments to the Trade in 1989.

Endangered Species Act 1989 as at 27 March 2008.


The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 3 September 2007.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.
For more information about ofﬁcialisation, please see "Making online legislation ofﬁcial" under "Status of legislation on this site" in the About section of this website.

List of amendments incorporated in this eprint (most recent ﬁrst) Trade in Endangered Species Order 2008 (SR 2008/39) Trade in Endangered Species Amendment Act 2007 (2007 No 85) 127