Wildlife Protection Ordinance, 2013

ASCENSION REVISED EDITION OF THE LAWS, 2017 ENVIRONMENT AND NATURAL RESOURCES WILDLIFE PROTECTION ORDINANCE, 20131 Ordinance A6 of 2013 In force 18 October 2013 Amended by Ordinances A6 of 2014, A8 of 2016, A3 of 2026 No subsidiary legislation to 1 November 2017 WILDLIFE PROTECTION ORDINANCE, 2013 ARRANGEMENT OF SECTIONS 1. Short title 2. Interpretation 3. Protected wildlife product 4. Protected wildlife research licence 5. Marine protection: power to declare prohibited areas and closed seasons 6. Evidence 7. Penalty and power of Magistrates’ Court 8. Forfeitures 9. Offence by corporate body 10. Regulations 11. Repeal Schedule: Prohibited wildlife products AN ORDINANCE to protect and preserve the wildlife and habitat of Ascension. Short title 1. This Ordinance may be cited as the Wildlife Protection Ordinance, 2013. Interpretation 1 Under section 10 of the Revised Edition of the Laws Ordinance, 1999 this text is authoritative and is the sole authentic edition in respect of the law contained in it as at 1 November 2017. 2 2. In this Ordinance, unless the context otherwise requires— “conservation” in relation to wildlife product includes restoration and enhancement of a population or habitat; “fishing limits” means that part of the Atlantic Ocean extending to 200 nautical miles from the baseline from which the breadth of the territorial waters adjacent to Ascension is measured; “harass” means to disturb, damage, distress, or a cause a change in behaviour by way of touching, obstructing, making noise, exposing to light, or destruction of habitat;1 “miles” means international nautical miles of 1,852metres; “prohibited wildlife product” means any wildlife product listed in the Schedule to this Ordinance and includes any wildlife product which is covered by an order made under section 5; “taking” in relation to any particular species of wildlife product includes capturing, injuring, damaging or permanently removing from its natural habitat that wildlife product, and grammatical variations are to be construed accordingly; “wildlife product” means any marine or land vertebrate or invertebrate or part or product derived from it, whether living or dead, and any marine or land plant whether living or dead, and includes the eggs thereof. Protected wildlife product 3. (1) Subject to subsection (2), it is an offence for a person— (a) willfully to take, kill, trade or molest wilfully or recklessly take, kill, trade or harass2; or (b) be in possession of, with the intention of taking, killing, trading or molesting harassing3, any prohibited wildlife product. Penalty: A fine of £20,000 or imprisonment for 12 months, or both. (2) Subsection (1) does not apply to any person acting with authority of, and in accordance with, a research licence granted under section 4. Protected wildlife research licence 4. (1) The Administrator may grant any person a protected wildlife research licence if the Administrator is satisfied that the purpose of the licence is to advance the conservation of the prohibited wildlife product concerned. (2) The form and duration of a protected wildlife research licence are as determined by the Administrator, but a licence must in any case not endure for longer than 12 months land may be general or specific. (3) An applicant for a protected wildlife research licence must supply to the Administrator information as to the nature of the conservation work, the proposed duration, and any other information the Administrator requests, in a form the Administrator requires. (4) There is payable for and in respect of every protected wildlife research licence a fee in a sum the Administrator determines. (5) If it appears to the Administrator to be necessary or expedient for the regulation of wildlife conservation, a licence under this section – (a) may be varied from time to time; and (b) may be revoked or suspended. 1 Definition of “harass” inserted by Ordinance A3/2026 2 Words substituted by Ordinance A3/2026 3 Words substituted by Ordinance A3/2026 3 (6) If a licence is varied, revoked or suspended, the Administrator may, if he or she considers it appropriate in all circumstances of the case, refund the whole or part of anyfee paid made for the licence. (7) The Administrator may delegate his or her licensing powers under this section. (8) Any person whose application for a protected wildlife research licence is refused or granted subject to conditions has the right to make written representations to the Governor. (9) The Governor may, after considering any representations made under subsection (8), and acting in his or her discretion, either confirm or revoke the decision and may give any ancillary directions he or she considers appropriate. Marine protection: power to declare prohibited areas and closed seasons 5. (1) The Administrator may, and if so directed by the Governor must, from time to time by order published in the Gazette declare— (a) any area of the fishing limits to be a prohibited area— (i) for the taking of any particular species or all species of wildlife products; or (ii) for the taking of any particular species or all species of wildlife products by particular means; (b) any period to be a closed season for any particular species of wildlife product, either generally or in any particular area or areas of the fishing limits. (2) It is an offence for a person to – (a) fail to comply with the requirement of any order made under this section; (b) purchase or be in possession of any wildlife product during a period which is a closed season for that species of wildlife product unless the person proves that the said wildlife product was not taken during the closed season or that the person did not know and took all reasonable steps to establish that the said wildlife product was not taken in the closed season. Evidence 6. If any prohibited wildlife product is found upon any vessel within the fishing limits or in any vehicle— (a) all persons found on board that vessel or in that vehicle are, unless the contrary is proved, deemed to be in possession of that product; and (b) that product is, unless the contrary is proved, deemed to have been taken on Ascension or within Ascension fishery limits. Penalty and power of Magistrates’ Court 7. (1) A person who fails to comply with or contravenes any provision of this Ordinance, or any subsidiary legislation made under it, for which no other penalty is provided, commits an offence. Penalty: A fine of £20,000 or imprisonment for 12 months, or both. (2) In respect of offences charged under this Ordinance, or under any subsidiary legislation made under it, and despite section 17 of the Magistrates’ Court Ordinance, 1968 the 4 Magistrates’ Court has extended jurisdiction to impose any fine up to the maxima specified by or under this Ordinance. Forfeitures 8. If any person has been convicted of an offence against this Ordinance, or any subsidiary legislation, the court – (a) must order forfeiture of any wildlife product or part of it which has been the subject of the conviction; and (b) may, in addition to any other penalty that may be imposed, order any vehicle, vessel, machine, instrument, apparatus, spear gun, pole spear, fishing net, fishing rod, article or material which has been used in the commission of the offence to be forfeited. Offence by corporate body 9. If an offence under this Ordinance is committed by a corporate body and is proved to have been committed with the consent or connivance of a person who was at the time a director, manager, secretary or other similar officer of the body, or was purporting to act in any such capacity, that person, as well as the corporate body, commits that offence and is liable to be proceeded against and punished accordingly. Regulations 10. (1) The Governor may make regulations generally for carrying the provisions of this Ordinance into effect. (2) Whenever any wildlife product of Ascension appears to be threatened for whatever reason, the Governor may make regulations for any such matters or things as may appear advisable for the prevention or mitigation of the threat. Repeal 11. The Wildlife Protection Ordinance, Cap. A27 is repealed. SCHEDULE4 (Section 2) PROHIBITED WILDLIFE PRODUCTS Item Common name Scientific name no. Reptiles 1 Green turtles Chelonia mydas 2 Hawksbill turtles Eretmochelys imbricata Birds 3 Ascension Island frigatebirds Fregata aquila 4 Masked boobies Sula dactylatra 5 Brown boobies Sula leucogaster 4 Schedule substituted by Ordinance A3/2026 5 6 Red-footed boobies Sula sula 7 Sooty terns, also known as Wideawake terns Onychoprion fuscatus 8 Fairy terns, also known as white terns Gygis alba 9 Black noddies Anous minutus 10 Brown noddies Anous stolidus 11 Red-billed tropicbirds Phaethon aethereus 12 Yellow-billed tropicbirds Phaethon lepturus 13 Storm petrels Oceanodroma spp. Mammals 14 Bottlenose dolphin Tursiops truncates 15 Pan-tropical spotted dolphin Stenella attenuata 16 Humpback whale Megaptera novaeangliae Fish 17 Ascension snake eel Ichthyapus insularis 18 Ascension scorpionfish Scorpaena ascensionis 19 St Helena deepwater scorpionfish Pontinus nigropunctatus 20 Ascension red scorpionfish Scorpaenodes insularis 21 Resplendent angelfish Centropyge resplendens 22 Ascension hawkfish Amblycirrhitus earnshawi 23 Lubbock’s gregory also known as yellowtail Stegastes lubbocki damselfish 24 Auxillary spot cardinalfish Apogon axillaris 25 St Helena wrasse Thalassoma sanctaehelenae 26 Ascension wrasse Thalassoma ascensionis 27 Ascension goby Priolepis ascensionis 28 St Helena butterflyfish Chaetodon sanctaehelenae 29 Bicolour butterflyfish also known as hedgehog Prognathodes dichrous butterflyfish 30 Saint Helena sharpnose pufferfish Canthigaster sanctaehelenae 31 Marmalade razorfish Xyrichtys blanchardi 32 Yellow razorfish Xyrichtys sanctaehelenae 33 Atlantic goliath grouper Epinephelus itajara 34 Dog snapper Lutjanus jocu 35 Mottled blenny Scartella nuchifilis 36 St Helena flounder Bothus mellissi 37 Island hogfish Bodianus insularis 38 Strigate parrotfish Sparisoma strigatum 39 St Helena sea perch Serranus sanctahelenae 40 Ascension seabream Diplodus sargus ascensionis 41 Blue marlin under 251cm Lower Jaw Fork Length Makaira nigricans (LJFL) 42 White marlin/roundscale spearfish under 168cm Tetrapturus albidus/ Tetrapturus Lower Jaw Fork Length (LJFL) georgii 43 Swordfish under 125cm Lower Jaw Fork Length Xiphias gladius (LJFL) 44 Sailfish under 160cm Lower Jaw Fork Length Istiophorus platypterus (LJFL) Sharks & rays 45 Whale shark Rhincodon typus 46 Crocodile shark Pseudocarcharias kamoharai 47 Great white shark Carcharodon carcharias 6 48 Shortfin/longfin mako shark Isurus spp. 49 Porbeagle shark Lamna nasus 50 Basking shark Cetorhinus maximus 51 Bigeye Thresher shark Alopias superciliosus 52 Thresher shark Alopias vulpinus 53 Silky shark Carcharhinus falciformis 54 Galapagos shark Carcharhinus galapagensis 55 Oceanic whitetip shark Cacharhinus longimanus 56 Blue shark Prionace glauca 57 Hammerhead shark Sphyrna spp. 58 Tiger Shark Galeocerdo cuvier 59 Six gill shark Hexanchus griseus 60 Dusky Shark Carcharhinus obscurus 61 Cookie Cutter shark Isistius brasiliensis 62 Pygmy shark Eurotomicrus bispinatus 63 Pelagic stingray Pteroplatytrygon violacea 64 Manta ray Manta spp. 65 Devil ray Mobula tarapacana Invertebrates 66 Land crabs Johngarthia lagostoma 67 Procaris shrimps Procaris ascensionis 68 Typhlatya shrimps Typhlatya rogersi 69 Amphipod Melita spp. 70 Amphipod Maera spp. 71 Amphipod Elasmopus spp. 72 Female Spiny Lobster carrying eggs (berried Panulirus echinatus female) 73 Green wire coral Stichopathes occidentalis 74 Black fan coral Antipathella wollastoni 75 Black coral Tanacetipathes sp 76 Giant pseudoscorpion Garypus titanius 77 Ellick’s pseudoscorpion Garypus ellickae 78 Duffey’s pseudoscorpion Stenowithius duffeyi 79 Ascension pseudoscorpion Withius ascensionis 80 Subterranean pseudoscorpion Apocheiridium cavicola 81 Ashmole’s pseudoscorpion Neocheiridium ashmoleorum 82 Sheet-weaver spider Catonetria caeca 83 Vicky's ground spider Australoechemus vickyae 84 Duffey's long-spinneret ground spider Prodidomus duffeyi 85 Scaly cricket Discophallus spp. 86 Gray’s flightless fungus moth Erechthias grayi 87 Ascension fungus moth Erechthias ascensionae 88 Blind cave woodlouse Elumoides coecus 89 Duffey’s woodlouse Niambia duffeyi 90 Long antennae woodlouse Niambia longiantennata 91 Ashmole's subterranean barkfly Troglotroctes ashmoleorum 92 Fragile beetle mite Cordylobates fragilis 93 Ashmole’s springtail Pseudosinella ashmolae 94 Lava springtail Pseudosinella lava 95 Beach springtail Pseudosinella miratio 96 Ascension inchworm Scopula ascensionis 97 Ashmole's earth centipede Tuoba ashmoleorum 7 Plants 98 Ascension Island parsley fern Anogramma ascensionis 99 Marattia fern Ptisana purpurascens 100 Pteris fern Pteris adscensionis 101 Stenogrammatis fern Stenogrammatis ascensionense 102 Ascension Island spleenwort Asplenium ascensionis 103 Ascension Island spurge Euphorbia origanoides 104 Sporobolus grass Sporobolus caespitosus 105 Sedge Cyperus appendiculatus 106 St Helena filmy fern Hymenophyllum capillaceum