1995 no. 69

 

 

 

 

OFFICIAL BULLETIN OF ARUBA

 

 

 

NATIONAL DECREE, containing general measures, of 28 September 1995, to implement article 16, paragraph 2, of the Nature Conservancy Ordinance (AB 1995 no. 2) (CITES Registers National Decree).

 

 

 

 

 

Published on 13 October 1995

 

E.J. Vos

Minister of Justice
IN THE NAME OF THE QUEEN!

 

THE GOVERNOR OF ARUBA

 

Whereas it is necessary to introduce rules on the registers to be kept for the implementation of the Nature Conservancy Ordinance (AB 1995 no. 2) and the manner of registration of protected animals;

 

Having regard to article 16, paragraph 2, of the Nature Conservancy Ordinance;

 

Having heard the Advisory Council, has decreed:

 

§ 1. General provisions

 

Article 1

 

1. In this national decree the following terms have the following meanings:

Head: the official in charge of the Veterinary Service of the Health Department;

official: an official charged by the Head with the registration of specimens of protected fauna;

Inspector: the Inspector of Customs and Excise.

 

 

§ 2. Registers of protected animals

 

Article 2

 

1. The registers referred to in article 16, paragraph 1 (a) and (b) of the Nature Conservancy Ordinance (AB 1995 no. 2) shall be kept in computerised form and shall contain the following information for each protected animal separately:

(a) the name and address of the owner or holder;

(b) the date of registration;

(c) the genus and species of the animal, together with its scientific name in Latin and, if possible, the name in Papiamento, Dutch and English;

(d) the sex and (probable) date of birth of the animal;

(e) the country of origin, if the animal does not come from Aruba;

(f) the number used to mark the animal;

(g) if possible, any external distinguishing characteristic of the animal.

 

2. The registers shall be kept by the Head.

 

Article 3

 

1. If the owner or holder of an animal as referred to in article 16, paragraph 1 (a) and (b), of the Nature Conservancy Ordinance wishes to register the animal, he shall present it to the official for registration or request the official to register it at his home.

 

2. The owner or holder of the animal shall, as far as possible, provide all data requested by the official and shall permit an electronic microchip which does not harm the health and welfare of the animal to be implanted in the animal or, if this would not be possible or desirable, permit the animal to be properly marked in some other way.

 

3. If the animal has been marked in some way other than by the implantation of an electronic microchip and the mark begins to lose its identifying effect, the owner may request the official to re-mark the animal, provided that the old mark has not yet been erased and is still, in the official’s opinion, sufficiently legible.

 

Article 4

 

1. Immediately after registration of an animal as described in article 3, paragraph 2, the official shall supply the owner or holder of the animal with a certificate of registration.

 

2. The certificate of registration shall also state the obligations referred to in article 5, and the instructions which the official considers to be in the interests of the welfare of the animal.

 

3. If a certificate of registration of an animal is lost, the Head shall, in response to a written request from the person entered in the register as the owner or holder of that animal, supply him with a duplicate of the certificate.

 

Article 5

 

1. The owner or holder of a registered animal shall, if he disposes of it, inform the Head in writing of the name and address of the new owner or holder.

 

2. If a registered animal dies, the owner or holder shall give written notice of this to the Head.

 

§ 3. The register of Aruba-based

importers and exporters of specimens

 

Article 6

 

1. The register referred to in article 16, paragraph 1 (c), of the Nature Conservancy Ordinance shall be kept in computerised form and shall contain, if available, the name, address and telephone number of each dealer separately. It shall also contain data about the type of transactions concluded by the relevant dealer and the nature of his commercial activity.

 

2. The register referred to in paragraph 1 shall be kept by the Inspector of Customs and Excise.

 

Article 7

 

Any person who imports into, exports from or transits through Aruba a specimen included in the appendices to the Convention shall provide the Inspector of Customs and Excise, or the official designated by him for this purpose, with the data included in the register referred to in article 6, paragraph 1.

 

§ 4. The register of documents issued

 

Article 8

 

1. The register referred to in article 16, paragraph 1 (d), of the Nature Conservancy Ordinance shall be updated by hand and shall contain copies of all the documents issued in the context of Chapter III of the Nature Conservancy Ordinance.

 

2. The register referred to in paragraph 1 shall be kept by the Head in so far as it relates to documents concerning specimens of fauna, and by the Head of the Agriculture, Livestock Farming and Fisheries Department in so far as it relates to documents concerning specimens of flora.

 

§ 5. Concluding provisions

 

Article 9

 

1. This National Ordinance shall enter into force on the day after its publication in the Official Bulletin of Aruba and, in regard to article 2, article 3, paragraph 2, and article 4, paragraph 1, shall have retroactive effect to 1 May 1995.

 

2. It may be cited as the CITES Registers National Decree.

 

 

 

Done at Oranjestad, 28 September 1995

 

O. Koolman

 

L.G. Beke-Martinez

Minister of Public Works and Health

 

A.W. Engelbrecht

Minister of Finance

 

R.R. Croes

Minister of Economic Affairs

 

E.J. Vos

Minister of Justice