Even if AF or CF is specifically excluded...there is still another hook the Bill has into EBN
Irrespective of the outcome of getting AF off from any Schedules.
Collection license is a certainty

However import, export or re-export licensing is depenedent on AF being protected.

Requirement for licence
9. (1) Subject to the provisions of this Act, no person shall—
(a) hunt or keep any protected wildlife;
(b) take or keep any part or derivative of any protected
wildlife;
© collect birds’ nests;
(d) carry on the business of dealing;
(e) carry on the taxidermy business;
(f) import, export or re-export any protected wildlife or any
part or derivative of any protected wildlife,

“nest” means any abode, den or any other structure which is
being constructed or is being used by any wildlife for—
(a) procreation;
(b) the laying of eggs;
© the incubation of eggs;
(d) the protection of eggs or immature offspring; or
(e) the nurture of immature offspring;

We should lobby for birds' nest be qualified as
© collect nests of protected or totally protected birds;
Otherwise with this wide definition doing anything to any nest will breach the law.

My usual caveat that I am no lawyer.

nest, eggs, procreation, offsprings
you may admire it, feel it, touch it but never harvest it

This post has been edited by Cergau: May 8 2010, 10:38 PM

There must be a clear distinction between nests of cave swiftlets and those of house swiftlets.

Which is why, AF, CF or C/A Domesticus, aka edible white nest house swiftlet must be excluded/exempted from protection. Reasons are obvious as they need no protection as the numbers are increasing.

The Cave swiftlets can remain on the protected list and therefore their nests, which will then require the relevant licenses and permits.

Edible white nests from house swiftlets will the come under the purview of Veterinari. Which, I understand, was the initial plan. This will then be considered Agriculture, subject to all the controls of MOA.

Life for the swiftlet farmer may not be any different under either departments, matter of paying all the necessary permits and fulfilling all the conditions. Veterinari's conditions may infact be more difficult to maintain.

---

Added on May 8, 2010, 11:18 pm

We should lobby for birds' nest be qualified as
© collect nests of protected or totally protected birds;
Otherwise with this wide definition doing anything to any nest will breach the law.

The Bill relates to the protection of Wildlife and is divided into 2 levels, being "totally protected" and "protected" hence all others will be unprotected ie. irrelevant to this Bill.

My understanding is then, Bird's nest refers to nests of all the protected species only. Unprotected species will be out of context.

Again if a nest is no longer being used to hatch eggs, protect fledglings etc. etc. then it should no longer be considered a nest to warrant protection. It has been discarded by the birds, no longer in use ! It was a nest !





This post has been edited by tuckfook: May 8 2010, 11:18 PM

When is a nest not a nest?
Why go there at all.
My preference is qualify nest collection in no uncertain terms that it applies to only protected and totally protected and be done with it.
Also less room for further confusion if every clause plugged need to be independent and free standing, inter-dependecies is nightmarish.
It MAY be so if the 2 clauses are read with the 3rd ie the definition of 'wildlife'
which than hinges on the word 'any' which is qualified as totally protected or protected
Requirement for licence
9. (1) Subject to the provisions of this Act, no person shall—
(a) hunt or keep any protected wildlife;
(b) take or keep any part or derivative of any protected
wildlife;
© collect birds’ nests;
(d) carry on the business of dealing;
(e) carry on the taxidermy business;
(f) import, export or re-export any protected wildlife or any
part or derivative of any protected wildlife,

“nest” means any abode, den or any other structure which is
being constructed or is being used by any wildlife for—
(a) procreation;
(b) the laying of eggs;
© the incubation of eggs;
(d) the protection of eggs or immature offspring; or
(e) the nurture of immature offspring;

“wildlife” means any species of wild animal or wild bird,
whether totally protected or protected, vertebrate or invertebrate,
live or dead, mature or immature and whether or not may be
tamed or bred in captivity;
I wish I have your confidence that there is a design in all this.

Unc WW,
Please share date, time & venue when details available?
thks

V2 thread finally concluded and closed. Million thanks to all fellow contributors.
Please proceed further discussion to V3 Swiftlet Keeping Discussion.

V3 Swiftlet Keeping Discussion

This post has been edited by seeseng: May 9 2010, 10:58 AM