Animals Law (1996 Revision) THE ANIMALS LAW (8 OF 1976)

Animals Law (1996 Revision) Supplement No. 1 published with Gazette No. 11 of 27th May, 1996. THE ANIMALS LAW (8 OF 1976) (1996 Revision) Consolidated with Laws 3 of 1977 and 1 of 1990, and with the Animals (Sanctuaries) Regulations, 1980, the Animals (Sanctuaries) Regulations, 1982, the Animals (Sanctuaries) (Amendment) Regulations, 1988, the Animals (Protection) Regulations, 1989 (part) and the Animals (Sanctuaries) (Amendment) Regulations, 1993, and as amended by the Cayman Islands (Territorial Sea) Order 1989 (U.K.S.I. 1989 No. 2397). Revised under the authority of the Law Revision Law (19 of 1975). Originally enacted- Law 8 of 1976-25th June, 1976 Law 3 of 1977-7th March, 1977 Law 1 of 1990-20th February, 1990. Originally made- Regulations, 1980-12th December, 1979 Regulations, 1982-8th December, 1982 (Amendment) Regulations, 1988-17th May, 1988 (Protection) Regulations, 1989-19th December, 1989 (Amendment) Regulations, 1993-26th October, 1993 U.K. Order, 1989-19th December, 1989 Consolidated and revised this 9th day of April, 1996. 1 Animals Law (1996 Revision) 2 Animals Law (1996 Revision) ANIMALS LAW (1996 Revision) ARRANGEMENT OF SECTIONS PART I-Introductory 1. Short title 2. Definitions PART II-The Import and Export of Animals 3. Restriction on importation of animals 4. Import of certain animals from certain areas prohibited 5. No live animal or biological product to be imported save under licence 6. Responsibility of masters of vessels and agents 7. Animals unlawfully imported 8 Import of dung, etc., prohibited 9. Application for licence to import an animal, etc. 10. C.A.V.O. may grant or refuse licence 11. Governor may make regulations 12. Governor may grant exemptions 13. Offences: Part II 14. Powers of constables PART III-Control of Diseases of Animals 15. Persons to report cases of notifiable diseases 16. Right of access by C.A.V.O. to diseased animals 17. Standstill orders 18. Destruction of infected animals, etc., and compensation 19. Governor may make regulations 20. Offences: Part III PART IV-The Improvement of Livestock 21. Governor may make regulations for the improvement of livestock 22. Importation of semen prohibited except under licence 23. Offences: Part IV PART V-The Licensing of Animals 3 Animals Law (1996 Revision) 24. Persons keeping dogs to take out annual licences 25. Free licences in cases of guide dogs for the blind 26. Identity of person keeping dog 27. Wearing a collar 28. Dog found without a collar 29. Offence of keeping unlicensed dog 30. Regulations PART VI-Nuisances by, and Control of, Animals 31. Responsibility for trespass by livestock 32. Exception in respect of land abutting on a public road 33. Liability for allowing trespass by livestock 34. Penalty for allowing livestock to cause danger 35. Swine not to be kept in specified towns 36. Power of constable to take swine into possession 37. Civil liability of dog owner 38. Dangerous dogs not under control 39. Ferocious dogs 40. Stray dogs 41. Disposal of seized dogs 42. Finders of stray dogs 43. Establishment of pounds and appointment of pound keepers 44. Poundkeepers to give notice to owner of impounded animal 45. Poundkeeper to supply food and water 46. Pound fees to be paid by owner prior to recovery of an animal 47. Poundkeeper to keep records 48. Entire animals to be kept separately 49. Fees to be accounted for 50. Impounding 51. Distrainer entitled to seizure fee 52. Distrainer to care for animals during detention by him 53. Enticing animal to trespass is an offence 54. Rescuing is an offence 55. Owner’s right to distrained animal 56. Sale of unclaimed impounded animals 57. Regulations 58. Riding animals in public places Part VII- The Protection of Animals and Wild Life 4 Animals Law (1996 Revision) 59. Cruelty to animals an offence 60. Bull-baiting, etc. 61. Causing avoidable pain or suffering to any animal 62. Using or employing animals brought to be destroyed 63. Causing unnecessary suffering in killing an animal 64. Docking or nicking the tail of any horse, etc. 65. Destruction of an injured animal 66. Penalties for offences under sections 59 to 64 67. Hunting protected animals 68. Hunting game birds 69. Protected animals 70. Game birds 71. Animal sanctuaries 72. Hunting, etc., in animal sanctuary prohibited 73. Appointment of game wardens 74. Powers and immunities, etc., of game wardens 75. Regulations 76. Power to search 77. Jurisdiction over offences committed at sea 78. Power to exempt from the Law 79. Forfeiture of things seized 80. Offences: Part VII PART VIII-General 81. Regulations 82. General offences 83. C.A.V.O. is subject to directions 5 Animals Law (1996 Revision) 6 Animals Law (1996 Revision) ANIMALS LAW (1996 Revision) PART I-Introductory 1. This Law may be cited as the Animals Law (1996 Revision). Short title 2. In this Law- Definitions “animal” includes live mammals, reptiles (other than turtles), amphibians, birds and insects; “biological product” means any product derived from a living organism and includes substances used for the treatment or diagnosis of animal disease, and sera, vaccines, antigens, hormones and semen; “captive animal” means any animal not being a domestic species of animal which is in captivity, confined or otherwise reduced into possession of control; “carcass” means the body of any animal and includes any part thereof whether processed or fresh; “cattle” includes bulls, cows, oxen, heifers and calves; “C.A.V.O.” means the Chief Agricultural and Veterinary Officer and any person acting under his direction; “Cayman waters” means all the water surrounding the Islands within a distance of twelve nautical miles from the sea-shore, inland waters and the North Sound of Grand Cayman; “close season” with respect to any animal or class of animals, means the season of the year prescribed by regulation when such animals are not to be taken or hunted; “Crown land” means land vested in the Governor and not leased to any person; “distrainer” means the owner of any land trespassed upon by any cattle, sheep, goat or pig, who seizes and detains such animal and includes any person acting under the authority of such owner; “domestic animal” means any animal which is naturally tame or is tamed or in the process of being tamed for serving some purpose for the use of mankind; 7 Animals Law (1996 Revision) “game animal” means any animal specified as such under section 70; “game warden” means any person appointed as such under section 73; “Governor” other than in the definition of “Crown land”, means Governor in Council; “horses” include mules, hinnies and asses; “hunt” means to kill, capture, pursue or wilfully molest by any method or agent any animal and includes any attempt so to do; “livestock” means any domestic animal kept for profit; “master” in relation to a vessel, includes the pilot of an aircraft or hovercraft; “notifiable disease” means African horse sickness, African swine fever, anaplasmosis, anthrax, avian leukosis complex, babesiasis, blue tongue, brucellosis, contagious bovine pleuro-pneumonia, cow pox (variola vaccina), epizootic abortion, epizootic lymphangitis, equine encephalitis (groups A and B), equine infectious anaemia, foot and mouth disease, fowl cholera, fowl pest (salmonella pullorum and gillinarum infections), glanders, haemorrhagic septicemia, infectious laryngotracheitis, Johne’s disease, leptospirosis, melioidosis, psittacosis, rabies, rinderpest, sarcoptic mange of horse, sheep pox (variola ovina), sheep scab (psoroptic mange of sheep), swine erysipelas, swine fever, theileriasis, trichimoniasis, trypanosomiasis (including dourine, mal de caderas, surrah and trypanosoma vivax infections), tuberculosis, tularemia, vesicular stomatitis, vibriosis and such other diseases as the Governor may, from time to time by order under section 19, declare to be notifiable diseases within the meaning of this Law; “owner” of an animal includes any person for the time being having control of such animal and the occupant of any dwelling place or farm where such animal is kept; “prescribed” means prescribed by this Law or any regulation; “protected animal” means every animal specified as such by section 69; “sanctuary” means an animal sanctuary established by section 71 or by regulation; “sell” includes to offer or expose for sale; “specified town” means any town specified by the Governor to be such for the purpose of section 35; 8 Animals Law (1996 Revision) “take” means to take or capture any animal from its natural habitat, and “taking” and other cognate expressions shall be construed accordingly; and “vessel” includes ship, boat, carriage, aircraft and hovercraft. PART II-The Import and Export of Animals 3. No animal of any description may be imported directly or indirectly into the Restriction on Islands from any country outside the Islands or from any one island into any other importation of animals otherwise than in accordance with this Law. 4. Save as specifically permitted by this Law, no animal of any description may Import of certain animals be imported into the Islands from any country in Asia, Africa or Central and South from certain areas prohibited America. 5. (1) No animal or carcass other than fish caught directly from the sea may No live animal or be imported into the Islands save by way of George Town seaport or Owen biological product to be imported save under Roberts Airport and ports of entry in Cayman Brac and Little Cayman under licence licence from the C.A.V.O. (2) No biological product may be imported save under licence from the C.A.V.O. 6. (1) No master or agent of any vessel shall permit any animal to be accepted Responsibility of masters for consignment to the Islands unless satisfied that an import licence in respect of of vessels and agents such animal has been issued under this Law. (2) No master or agent of any vessel shall permit any animal to be disembarked from such vessel on arrival at the Islands until such animal has been inspected by the C.A.V.O. 7. Any animal, biological product or carcass brought into the Islands in Animals unlawfully contravention of this Law may be ordered to be destroyed or otherwise dealt with imported as the C.A.V.O. may, in his discretion, decide. 8. No dung, litter, used animal bedding, blankets, pads, dressings or clothing Import of dung, etc., shall be imported into the Islands, save as may be incidental to the licensed import prohibited of an animal. 9. Application for licence to import an animal, carcass or biological product of Application for licence to any animal may be made in writing to the C.A.V.O. giving particulars of the import an animal, etc. animal and of its present whereabouts and the means of transport by which it is proposed to be imported. 9 Animals Law (1996 Revision) 10. On the receipt of an application for a licence to import any animal, carcass or C.A.V.O. may grant or refuse licence biological product the C.A.V.O. may reject the application and notify the applicant accordingly or, on payment by the applicant of the prescribed fee, issue a licence in the prescribed form subject to such conditions, including quarantine conditions, as he may consider desirable. Governor may make 11. The Governor may make regulations prohibiting, restricting and generally regulations regulating the import or export of animals, carcasses and biological products generally and of specific animals, prescribing forms of licences and fees payable on the issue of such licences. Governor may grant 12. The Governor may grant exemption from section 4 in any particular case. exemptions Offences: Part II 13. Whoever contravenes this Part or any regulations made hereunder is guilty of an offence and liable on summary conviction to a fine of five hundred dollars and to imprisonment for six months. Powers of constables 14. Any constable having reasonable cause to suspect that any animal which has been imported into the Islands contrary to this Law is being held or concealed in or on any premises may, on obtaining a search warrant for this purpose, at all reasonable times enter and search such premises and take possession of such animal and, pending the outcome of any legal proceedings, dispose of such animal according to the directions of the C.A.V.O. PART III-Control of Diseases of Animals Persons to report cases 15. Every person owning or having in his control any animal which he has of notifiable diseases reason to believe is or has recently been affected by a notifiable disease shall report the same to the nearest police station as soon as practicable. Right of access by 16. Where the C.A.V.O. has reason to believe that any animal affected by or C.A.V.O. to diseased animals having been exposed to disease is present on or in any holding, farm, apiary or other premises he may at any reasonable time enter and inspect such animal. Standstill orders 17. (1) Where the C.A.V.O. is of the opinion that any given area is threatened with the spread of any notifiable animal disease he may issue a standstill order controlling the movements of persons and animals into, out of and within the said area. Such order shall be valid for three days after the date of publication and may thereafter be renewed by the Governor for such further period as to the Governor may appear desirable. 10 Animals Law (1996 Revision) (2) Where an order under subsection (1) is in force the C.A.V.O. may require such disinfective and disease control measures to be carried out as may be calculated to limit the spread of the disease. 18. Animals found to be suffering from, any notifiable disease shall be destroyed Destruction of infected without compensation to the owners, and where animals have, in the opinion of animals, etc., and compensation the C.A.V.O., been exposed to a notifiable disease he may order their destruction and, in the latter case, compensation shall be paid to the owners at the market value as assessed by the C.A.V.O. Any person aggrieved by any decision as to market value arrived at by the C.A.V.O. may, within ten days, appeal to the Governor whose decision shall be final. 19. The Governor may make regulations varying the list of notifiable diseases Governor may make and generally for the detection and control of disease in animals. regulations 20. Whoever fails to obey a standstill order, obstructs the C.A.V.O. in carrying Offences: Part III out his duties under this Part or otherwise contravenes this Part or any regulation is guilty of an offence and liable on summary conviction to a fine of five hundred dollars and to imprisonment for six months. PART IV-The Improvement of Livestock 21. The Governor may make regulations for regulating and controlling the Governor may make husbandry, breeding and slaughter of livestock and bringing about the regulations for the improvement of livestock improvement thereof. Such regulations may include the- (a) establishment of artificial insemination stations and the regulation of the same; (b) inspection and licensing of sires; (c) establishment and maintenance of livestock registers; (d) castration of scrub animals; (e) importation and manufacture of feed and medicines; (f) housing and care of livestock; (g) improvement of pasture; (h) purchase and importation of semen; (i) culling of animals having an excess population; (j) slaughter and dressing of carcasses and the inspection and supervision of slaughterhouses and slaughtermen; and (k) fees to be charged for services rendered by the Department of Agriculture. 22. The importation of semen into the Islands otherwise than under licence from Importation of semen the C.A.V.O. is prohibited. prohibited except under licence 11 Animals Law (1996 Revision) 23. Whoever contravenes this Part or any regulation or who obstructs the Offences: Part IV C.A.V.O. in carrying out his duties hereunder is guilty of an offence. PART V-The Licensing of Animals Persons keeping dogs to 24. (1) Every person who keeps a dog of whatever description above the age of take out annual licences six months shall take out an animal licence in respect thereof which shall remain in force from the time it is taken out until the last day of the month of January following. (2) Subject to section 25, the fee payable for a dog licence is two dollars. Free licences in cases of 25. A licence shall be issued without payment in respect of a dog kept and used guide dogs for the blind solely by a blind person for his guidance. Identity of person 26. Every person in whose custody, charge or possession or in whose house any keeping dog dog is found or seen is deemed to be the person who keeps such dog unless the contrary is proved. Wearing a collar 27. Every person keeping a dog is responsible for ensuring that such dog while in any highway or place of public resort shall wear a collar with a tag bearing its licence number attached thereto. Dog found without a 28. Any dog found in any highway or place of public resort and being apparently collar over the age of six months not wearing a collar as prescribed shall be treated as a stray. Offence of keeping 29. Whoever keeps a dog over the age of six months without taking out a licence unlicensed dog in respect of the same and every person permitting such a dog to be in a highway or place of public resort without a collar as prescribed is guilty of an offence and liable on summary conviction to a fine of twenty dollars. Regulations 30. The Governor may make regulations prescribing the form of licence required under this Law and the form of identification tag to be issued to persons who have taken out such licences. PART VI-Nuisances by, and Control of, Animals Responsibility for 31. It is the responsibility of the owner of any livestock other than dogs, cats and trespass by livestock honey bees to take proper and effective measures to prevent such livestock from trespassing on to the land of other persons or on to any road or place normally used by the public for the passage of vehicular traffic and, subject to this Law, 12 Animals Law (1996 Revision) such owner shall be responsible in damages for any injury done by such livestock in so trespassing. 32. (1) No person in occupation of land abutting on a public road shall be Exception in respect of entitled to recover any damages in respect of any trespass on such land by any land abutting on a public road livestock while the same are being driven lawfully on such road, under proper care and control, unless such land is secured by a fence along such road sufficient to keep out ordinary livestock of the class of animals committing the trespass. (2) The onus of showing that any livestock were being so driven as aforesaid shall be on the owner of the livestock. 33. Any person who leaves open any properly constructed gate in working order Liability for allowing the or injures any fence or other contrivance provided for the purpose of confining trespass of livestock any livestock, thereby allowing such livestock to trespass off the land on which the same is confined shall be liable for all consequential damage caused by the trespassing of such livestock. 34. Whoever, whether or not he is the owner of any livestock, wilfully permits Penalty for allowing any livestock to wander in any public place where the presence of such livestock livestock to cause danger may cause a danger to the public is, in addition to any civil liability he may incur, guilty of an offence and liable on summary conviction to a fine of one hundred dollars. 35. It is unlawful to keep swine in any specified town, and any swine being Swine not to be kept in found kept in any specified town are liable to be forfeited and destroyed at the specified towns direction of the C.A.V.O. who shall arrange for the disposal of such swine or the carcasses thereof at his discretion. 36. Any constable may upon view take up any swine which he shall find in any Power of constables to specified town, and may enter any building in any such town where he has take swine into possession reasonable cause to believe that swine are being kept and take and seize any swine there found. 37. The owner of every dog shall be liable in damages for injuries done to any Civil liability of dog person, or any cattle or sheep, by his dog, and it shall not be necessary for the owner party seeking such damages to show a previous mischievous propensity in the dog, or the owner’s knowledge of such propensity or that the injury was attributable to neglect on the part of such owner. Such damages shall be recoverable in any court of competent jurisdiction. 38. (1) Any court of summary jurisdiction may order that a dog which appears Dangerous dogs not to be dangerous and not kept under proper control - under control 13 Animals Law (1996 Revision) (a) be kept under proper control by its owner; or (b) be handed over to the Department of Agriculture to be destroyed. (2) Whoever obstructs any officer of the court so that such officer is prevented from carrying out an order of the court made under subparagraph (b) of subsection (1) shall pay a fine of four dollars in respect of each day the carrying out of the order remains in abeyance through his default. Ferocious dogs 39. Whoever suffers any ferocious dog to be at large or who sets on or urges any dog to attack, worry or put in fear any person or domestic or protected animal is guilty of an offence and liable on summary conviction to a fine of five hundred dollars and to imprisonment for six months. Stray dogs 40. A constable may seize and detain any dog found in a highway or place of public resort which he has reason to believe is a stray and, if the owner can be traced, shall give notice of seizure to the said owner to whom the dog shall be restored upon such owner paying all expenses incurred by its detention. Disposal of seized dogs 41. Dogs seized under section 40 shall be retained at the police station or in a dog pound for a period of seven days if unclaimed by the owner, after which they may be sold or handed over to the Department of Agriculture for destruction. The proceeds of sale of stray dogs shall be appropriated to the expenses of the maintenance of the dog pound. Finders of stray dogs 42. (1) Any person finding a stray dog may take possession of the same and shall, within twenty-four hours, report the matter to the nearest police station whereafter he may- (a) retain the dog in his possession; or (b) hand the dog over to the police. (2) If the finder retains the dog in his possession he shall hand the dog over to any person who can show himself to be the owner thereof and makes claim thereto within fifteen days. If the finder hands the dog over to the police the dog shall be dealt with as if it had been found and seized by a constable. Establishment of pounds 43. The Governor may establish pounds in the Islands and appoint poundkeepers and appointment of in respect of each pound, and all persons who are poundkeepers at the 12th April, poundkeepers 1977 shall continue as such subject to dismissal by the Governor without notice. Poundkeepers to give 44. When an animal is impounded, the poundkeeper, if he knows the owner, notice to owner of shall serve notice in writing on him, and for so doing shall be entitled to the impounded animal prescribed fee in that behalf. 14 Animals Law (1996 Revision) 45. (1) The poundkeeper shall supply every impounded animal with food and Poundkeeper to supply water on the following scale- food and water (a) cattle, twenty pounds of grass and five gallons of water daily; (b) sheep and goats, six pounds of grass and five gallons of water daily; (c) other animals, according to the rules of good animal husbandry. (2) The above quantities shall be divided into morning and evening feeds and waterings, there being an interval of not less than eight hours between morning and evening feeds and waterings. 46. Before delivering any impounded animal to its owners, the poundkeeper Pound fees to be paid by shall demand and receive the fee prescribed for that animal’s maintenance while owner prior to recovery of an animal impounded. 47. The poundkeeper shall keep a written record of all animals impounded. Poundkeeper to keep stating the name and address of the distrainer or finder, the place, date and time records when the animal was found, the date and time when it was impounded and the description of the animal, and such record shall be open for the inspection of the public at all reasonable times. 48. Entire animals which are impounded shall be kept separately from other Entire animals to be kept impounded animals. separately 49. Poundkeepers shall account to the Treasury for fees received in such manner Fees to be accounted for as may be prescribed and shall, by way of remuneration, receive such proportion of such fees as may, from time to time, be prescribed. 50. The lawful occupier of any land may seize any animal trespassing thereon Impounding and may impound the same as the distrainer thereof. The distrainer shall, with all reasonable dispatch, convey the same to the nearest pound and the poundkeeper shall, at any time between 6 a.m. and 6 p.m., receive the said animal into the pound. 51. The distrainer shall be entitled to receive a seizure fee in accordance with the Distrainer entitled to prescribed scale- seizure fee (a) from the owner of the animal, if tendered before the delivery thereof to the poundkeeper; or (b) from the poundkeeper, after receipt by him of the fee. 52. A distrainer shall properly water, feed and care for any animal while it is Distrainer to care for detained by him and shall be liable in damages for any neglect of such animal. animals during detention by him Where such animal appears to be suffering from any notifiable disease, the distrainer shall report the matter to the nearest police station without delay. 15 Animals Law (1996 Revision) 53. Any person who drives, leads or entices any animal into any place with Enticing animal to trespass is an offence intent to impound or procure the impounding of the same is guilty of an offence. Rescuing is an offence 54. Every person who rescues or attempts to rescue any animal seized or impounded under this Law is guilty of an offence. Owner’s right to 55. The owner of any animal distrained, on payment of the prescribed fee before distrained animal any animal is sold under section 56, is entitled to recover such animal. Sale of unclaimed 56. (1) Where any animal has been impounded for seven days and upwards impounded animals and no person has claimed the same under section 55, the poundkeeper shall put up the same for sale by public auction and shall sell and deliver the same to the best bidder for ready money after having received the price thereof and, if the price is not paid, he may again put up the animal for sale. (2) Public notice of every sale under subsection (1) shall be given by publication in the Gazette at least three clear days before the day of the sale. (3) It shall not be lawful for the poundkeeper to purchase any animal sold as aforesaid. (4) The proceeds of sale shall be paid to the Treasury for the account of the general revenue. (5) Notwithstanding any irregularity prior to the sale, the purchaser at such sale shall have good and valid title against all comers. Regulations 57. The Governor may, from time to time, make regulations prescribing fees payable under this Law, designating specified towns and generally for the implementation of this Law. Riding animals in public 58. (1) The Governor may, by Order, prohibit the riding or driving of any places animal in any public place either absolutely or at such times or subject to such conditions as are specified in the Order. (2) Whoever contravenes an Order made under subsection (1) is guilty of an offence and liable on summary conviction to a fine of five hundred dollars and to imprisonment for six months. PART VII-The Protection of Animals and Wild Life Cruelty to animals an 59. Whoever- offence 16 Animals Law (1996 Revision) (a) cruelly beats, ill-treats, starves, over-drives, over-rides, over- loads, tortures, unlawfully provokes or otherwise maltreats any animal; (b) works, or causes to be worked, any domestic animal in such a condition as to be unfit for work whether from emaciation, or from any gall, sore or otherwise, and whether or not that condition is caused by disease or deficient feeding; (c) by wilful neglect, causes any injury or suffering to any animal; or (d) secures or causes to be secured the tongue of any animal in such a manner as to cause unnecessary pain or suffering to any such animal, is guilty of an offence. 60. Whoever- Bull-baiting, etc. (a) in any manner encourages, aids or assists at the fighting or baiting of any bull, dog, cock or any other kind of animal; (b) keeps, uses or acts in the management of any such animal; or (c) being the owner or occupier of any place or premises, permits such place or premises to be used for the purpose of fighting or baiting any such animal; or (d) receives money for the admission of any person to any place or premises kept or used for the purpose of fighting or baiting of any such animal, is guilty of an offence. 61. Whoever conveys, carries or places in or upon any cart or vehicle, or upon Causing avoidable pain any vessel or boat, any animal in such a manner or position as to subject that or suffering to any animal animal to avoidable or unnecessary pain or suffering, is guilty of an offence. 62. Whoever uses or employs, or permits to be used or employed, in any manner Using or employing of work, any animal brought or delivered to him for the purpose of being animals brought to be destroyed destroyed, and whoever is found employing or using such an animal, is guilty of an offence. 63. Whoever, in killing any animal, wilfully or carelessly causes unnecessary Causing unnecessary suffering to such animal is guilty of an offence. suffering in killing an animal 17 Animals Law (1996 Revision) 64. Whoever wilfully docks or nicks the tail of any horse, mule, hinny or similar Docking or nicking the tail of any horse, etc. animal is guilty of an offence. Destruction of an injured 65. (1) Where any offence appears to have been committed under sections 59 animal to 62, it shall be lawful for the C.A.V.O. or any constable to seize and take before a court the animal in relation to which the offence is alleged to have been committed, whether or not any person alleged to have committed the offence is held in custody, and the court may make such order as to the care or disposal of the animal as may be deemed to be appropriate, including an order for the destruction of the animal. (2) Where an order has been made for the destruction of an animal under subsection (1), no compensation shall be payable to the owner of the animal. (3) Where any constable finds any animal so severely injured or in such state of health that it cannot without undue suffering be moved he may (with the consent of the owner if the animal is a domestic animal) destroy the said animal or cause it to be destroyed. (4) Where, for the purpose of subsection (3), the owner cannot be found or refuses his consent, the constable may act on the certificate of a medical officer, a veterinary officer, the C.A.V.O. or a Justice of the Peace. Penalties for offences 66. (1) Whoever is guilty of an offence contrary to sections 59 to 64 is liable under sections 59 to 64 on summary conviction to a fine of five hundred dollars and to imprisonment for six months. (2) Where any person is convicted under subsection (1) he may, in addition to the penalties prescribed therein, be ordered to pay the expenses incurred in the care, maintenance, destruction and removal of the animal or the carcass thereof. Hunting protected 67. Whoever- animals (a) hunts any protected animal; (b) has in his possession any protected animal or part thereof; or (c) takes or has in his possession the nest or egg of any protected animal, is guilty of an offence. Hunting game birds 68. Whoever, during any close season- (a) hunts any game bird; or 18 Animals Law (1996 Revision) (b) has in his possession, buys or sells any game bird unless such bird was taken outside the close season (proof of which is upon the person so asserting), is guilty of an offence. 69. Iguanas and all non-domestic birds other than game birds are protected Protected animals animals. 70. The following are game birds- Game birds (a) White-Winged dove (whitewing), (Zenaida asiatica); (b) White-Crowned Pigeon (bald pate), (Columba leucocephala); and (c) Blue-Winged Teal, (Anas discors). 71. The following areas are animal sanctuaries- Animal sanctuaries Meagre Bay Pond The pond is located on the 1/25,000 Grand Cayman Map Sheet 2, compiled in 1965 by the Directorate of Overseas Surveys, London, from air photography flown by the Photographic Survey Corporation Ltd., 1958. On the map sheet the Meagre Bay Pond lies within the grid square which has the reference 475000ME and 213300MW. The limits of the pond are defined by a line measured 300 feet inland from the high water mark of the pond, which will follow the western, northern and eastern sides of the pond. The southern limit is defined by the public road which runs from Bodden Town east to the Breakers. Colliers Bay Pond The pond is located on the 1/25,000 Grand Cayman Map Sheet 2, compiled in 1965 by the Directorate of Overseas Surveys, London, from air photography flown by the Photographic Survey Corporation Ltd., 1958. On the map sheet it lies within the grid squares 490000ME, 2137000MN and also 490000ME and 2138300MN. The limits of the pond are defined by a line measured 300 feet inland from the high water mark of the pond which will follow the southern, western and northern sides of the pond. The eastern limit is defined by the public road running from Gun Bay Village north to the Tortuga Club. Dennis Point Pond The pond is located in the Cayman Brac West Registration Section, Block 95C Parcel No. 36 situated north of the public road and east of Dennis Point. The said 19 Animals Law (1996 Revision) area is bordered red on Boundary Plan No. 47 which is deposited at the offices of the Chief Surveyor, Grand Cayman and the District Commissioner, Cayman Brac. Booby Pond and Rookery The pond and marshy area know as the Booby Pond and Rookery in the Little Cayman West Registration Section and falling within Blocks 80A, 81A and 83A, commencing at the north-western corner of Block 80A parcel 18, thence northerly along Spot Bay Road to the south-western corner of Block 80A parcel 16, thence north-easterly and north-westerly along the southern and eastern boundaries of Block 80A parcel 16, respectively. Thence north-easterly along the southern boundary of Block 80A parcel 15 to the south-eastern corner of Block 80A parcel 15. Thence north-easterly and south- easterly through Block 83A parcel 20, running generally parallel to the northern boundary of the pond, Block 80A parcel 45, to reach Guy Banks Road, approximately 50 feet southeast of the north-western corner of Block 83A parcel 19. Thence along the western boundary of Guy Banks Road through Block 83A parcels 19, 18, 17, 16, 15, 14, 13, 12 and 11 respectively to reach a point on Guy Banks Road where it intersects the eastern boundary of Block 83A parcel 10. Thence north-westerly along the eastern boundary of Block 83A parcel 10, and again north-westerly along the southern boundary of Block 83A parcel 13, to intersect at the southern boundary of the pond, Block 80A parcel 45. Thence along the northern boundary of the Southern Cross Club, Block 83A parcel 10 to reach the north-eastern corner of Block 83A parcel 9. Thence south-easterly to Guy Banks Road, thence south-westerly along the northern boundary of Guy Banks Road and through Block 83A parcels 9, 8, 141, 140, 6, 5, 4, 3, 2, 41 and 40 and Block 80A parcels 75, 74, 73, 72, 71 and 69, respectively to intersect the eastern boundary of Block 80A parcel 122. Thence north-westerly along the eastern boundary of Block 80A parcel 122 to intersect with the southern boundary of the pond, Block 80A parcel 45. Thence south-westerly along the southern boundary of the pond, Block 80A parcel 45, to the north-eastern corner of Block 80A parcel 120. Thence south-easterly along the eastern boundary of Block 80A parcel 120 to its intersection with Guy Banks Road. 20 Animals Law (1996 Revision) Thence south-westerly along the northern boundary of Guy Banks Road along the southern boundary of Block 80A parcel 120 and through Block 80A parcels 65, 64, 63, 104,103, 102, 61, 60, 59, 58, 55, 51, 50, 49, 105, 107, 106, 46 and Block 81A parcels 32 and 20, respectively. Thence continuing south-westerly along the southern boundary of Block 81A parcel 40 and north-westerly along the eastern boundary of Block 81A parcel 17 and north-easterly along the southern boundary of Block 80A parcel 44. Thence north-westerly and north-easterly along the eastern boundary of Block 80A parcel 44. Thence north-easterly and northerly along the eastern boundaries of Block 80A parcels 19 rem and 18 to the north-eastern corner of Block 80A parcel 18. Thence south-westerly along the northern boundary of Block 80A parcel 18 to the starting point at the north-western corner of Block 80A parcel 18. The said area is shown in thick line on Boundary Plan No. 179 which is deposited at the offices of the Director of Lands and Survey, Tower Building, Grand Cayman and the offices of the District Commissioner, Cayman Brac. 72. (1) Whoever, in a sanctuary- Hunting, etc., in animal sanctuary prohibited (a) hunts any animal; (b) is found under circumstances showing that he was hunting any animal or intending to take any nest or egg; (c) takes any nest or egg; (d) is accompanied by any dog; (e) carries any gun, catapult or other weapon capable of being used to hunt animals; (f) deposits any litter; or (g) disturbs any natural feature or any vegetable or animal life, is guilty of an offence. (2) Any person found in a sanctuary in possession of any animal, nest or egg shall be deemed to have hunted such animal or taken such nest or egg unless the contrary is proved. 73. The Governor may appoint game wardens for carrying out this Law who Appointment of game shall hold office at his pleasure. wardens 74. Game wardens, for the purpose of performing their duties under this Law, Powers and immunities, have all the rights and immunities of constables acting generally in the ordinary etc., of game wardens course of their duty and every constable shall, for the purpose of enforcing this Law, have all the powers of a game warden. 21 Animals Law (1996 Revision) 75. The Governor may make regulations for the better carrying out of this Part Regulations and in particular may- (a) alter or amend and prescribe new sanctuaries; (b) alter the categories of protected animals, game animals and prescribe and amend close seasons for the hunting or taking thereof; (c) make provision for the stocking of any areas with animals of various categories; (d) control generally or in respect of any specified areas the methods which may be employed in taking or hunting animals; (e) restrict or impose conditions in respect of the keeping of animals in captivity; (f) limit the number of game animals which may be taken by any one person in any one day; (g) require persons to render returns containing such information as may be prescribed; (h) prescribe the form and make provision for the issue of licences and the fees therefor; (i) prescribe, regulate and secure the periodical treatment of all or any cattle by effective dipping or by the use of some other means of control and eradication of ticks either with respect to the Islands as a whole or any part thereof; (j) establish public dipping tanks or spray races for the purpose of tick eradication, provide for the servicing of the same, the appointment of persons to supervise the same and prescribe fees to be charged to the users thereof; (k) control the quality of animal feeding stuffs imported into the Islands or offered for sale to the public; and (l) prescribe insignia and badges which may be worn or displayed exclusively by game wardens for purpose of identification. Power to search 76. Any game warden may, in any public place, on any Crown lands or in any sanctuary, search any person whom he may have reasonable cause to suspect of having contravened this Law or any regulation, and may stop and search any vehicle, boat or other conveyance in or upon which he has cause to suspect that there is any animal in respect of which any offence against this Law or any regulation has been committed or in or upon which he has reasonable cause to suspect that there is any gun, catapult or any other weapon or trap used in the commission of any such offence. Jurisdiction over 77. Any offence against this Law committed at sea within twelve miles of the offences committed at shore of any of the Islands shall be deemed to have been committed in any place sea adjoining such sea and may be tried and punished accordingly. 22 Animals Law (1996 Revision) 78. Notwithstanding anything to the contrary contained in this Law, the Power to exempt from Governor may, by writing under his hand for purposes of conservation or for the Law scientific, historic or educational purposes, exempt either absolutely or for such time and subject to such conditions as he may think fit, any person or institution from all or any of the provisions of this Law. 79. (1) Any animal or any part thereof, in respect of which there is a conviction Forfeiture of things for an offence against this Law, shall be forfeited to the Crown. seized (2) Any boat, gun, catapult or other weapon or any trap used in commission of any offence in respect of which there is a conviction may, in the discretion of the court, be forfeited to the Crown. 80. Whoever is guilty of an offence against this Part is, on summary conviction, Offences: Part VII liable to a fine of five hundred dollars and to imprisonment for six months. PART VIII-General 81. Without prejudice to his powers to make regulations under any part of this Regulations Law, the Governor may make regulations generally for the better implementation thereof and may, from time to time, prescribe fees to be charged for any service rendered to any member of the public. 82. (1) Any contravention of any regulation made under this Law is an offence General offence against this Law and punishable accordingly. (2) Where no punishment is specifically prescribed whoever contravenes this Law or any regulations is guilty of an offence and liable on summary conviction to a fine of two hundred and fifty dollars and to imprisonment for three months. 83. In carrying out his duties under this Law the C.A.V.O is subject to the C.A.V.O. is subject to directions of the Governor. directions Publication in consolidated and revised form authorised by the Governor in Council this 9th day of April, 1996. Mona N. Banks-Jackson Clerk of the Executive Council 23