s.17Conservation plans
17
Section 17Part 4 — CONSERVATION OF WILDLIFE

Conservation plans

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The Council shall formulate and adopt a conservation plan for each protected species whose range includes the Islands.
In formulating and adopting conservation plans, the Council shall —
act in accordance with any directions given by the Cabinet; and
give priority to threatened or endangered species that are at risk from development projects or other forms of economic activity or that would otherwise be most likely to benefit from such plans.
Conservation plans shall set out the steps which the Council considers to be necessary to achieve the conservation and survival of the species and its critical habitat and shall include —
in the case of species listed in Part 1 of Schedule 1 —
objective, measurable criteria which, when met, would result in a determination that the species be removed from that Part of Schedule 1; and
estimates of the time required and the costs involved to carry out those measures needed to achieve such goals and to achieve any intermediate steps towards that goal; and
in the case of species listed in Part 2 of Schedule 1 —
a prohibition of all non-selective means of hunting or collecting specimens and of all actions likely to cause the local disappearance of the species or serious disturbance to any of its populations;
where appropriate, the regulation of hunting or collecting specimens by reference to size, quantity, time of year or any other factor; and
the regulation of the taking, possession, transport or sale of specimens.
The Council, before adopting a conservation plan, shall publish notice of the plan in at least two issues of a public newspaper circulating in the Islands in each of two consecutive weeks and the notice shall —
identify the species concerned;
outline any proposed restrictions in the conservation plan on taking specimens;
specify a place where copies of the plan may be inspected by the public; and
state the address to which written objections or representations with regard to the plan should be sent.
The Council shall take into account any written objections or representations with regard to the plan received within twenty-eight days of the date of the latest notice referred to in subsection (4), or such longer period as may be stated in the order, and may make such amendments to the plan as it thinks fit in the light of such objections or representations.
The Council, after acting in accordance with the procedure in subsection (4), shall submit the conservation plan, together with copies of all the written objections and representations received, to the Ministry for the approval of the Cabinet and shall not adopt the plan if, within a period of sixty days from the date of submission, the Council receives written notice from the Cabinet setting out reasons why the plan as submitted should not be adopted.
Until such time as a conservation plan has been adopted for a protected species, the Council may, on the advice of the Director, make such interim directives as may be urgently required for the immediate protection of that species, including the prohibition of hunting or collecting of specimens and disturbance of its critical habitat.
The Council shall report the making of an interim directive under subsection (7) to the Cabinet and the directive shall cease to have effect on the adoption of a conservation plan for the species concerned or at such earlier time as the Council or the Cabinet may direct.
Where a conservation plan is adopted in accordance with this section, the Council shall cause a notice to be published in the Gazette specifying the date upon which the conservation plan will come into force and the place where copies of the relevant management plan may be obtained by the public.

Defined Terms

conservation planprotected speciescritical habitatendangered speciesthreatened species

Cross References