Endangered species of flora and fauna
- Document symbol
- G/LIC/N/3/MUS/13
- Original language
- English
- Published on
- 15/12/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Mauritius together with Madagascar and Indian Ocean Islands has been designated by the International Union for Conservation of Nature (IUCN) as a biodiversity hotspot. The majority of endemic Mauritian flora and fauna are considered threatened and with some 60 species of native plants believed to be already extinct.
Invasive Alien Species (IAS) which are introduced plants, animals and microorganisms represent the main threat to the biodiversity of Mauritius and its ecosystem. As a consequence, legislation and regulations have been enacted to control and monitor the entry of exotic wildlife.
Mauritius being party and compliant to the Convention on International Trade in Endangered Species of Flora and Fauna (CITES) also regulates trade with respect to CITES listed species.
The National Parks and Conservation Service (NPCS) is responsible for regulating both importation of exotic wildlife and CITES listed (prescribed) species through provisions of the Native Terrestrial Biodiversity and National Parks Act 2015.
The CITES and Wildlife (Prescribed Species) Regulations 2022 has been promulgated under the Native Terrestrial Biodiversity and National Parks Act. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement between governments to regulate international trade of threatened species. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten the survival of the species. The regulations are effective as from 16 August 2022.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
(a) Import of CITES listed specimens
In accordance with the provision of the Native Terrestrial Biodiversity and National Parks Act 2015 (NTBNPA), an import permit is needed for the importation of prescribed wildlife under CITES.
(b) Import of exotic wildlife other than domestic, livestock and fish
"Exotic wildlife" is defined as any wildlife introduced in Mauritius as per NTBNPA 2015. In accordance with Section 35 of NTBNPA, a permit is needed for the importation of living animal other than domestic, livestock and fish. In that respect an Import Permit for Exotic Wildlife (IPEW) is delivered by the NPCS against payment of a prescribed fee.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
Yes, for CITES cases only.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The Native Terrestrial Biodiversity and National Parks Act 2015.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Information concerning filing of applications for clearances are provided at the Office, on the Ministry’s website, by phone and by mail upon request.
Q7.b. Can a licence be granted immediately on request?
Minimum time for processing applications:
(a) CITES permit - three working days.
(b) IPEW permit - ten working days.
Maximum time for processing applications:
(a) CITES permit - ten working days.
(b) IPEW permit - 90 working days in case applications should receive clearance of National Invasive Alien Species Committee.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Written applications are submitted to Director (NPCS) for both categories of permits. Application forms for IPEW permit are also available at NPCS office.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Permits are refused in case of non-compliance of the NTBNPA 2015 and the applicant is informed accordingly. In case of refusal of permits, the applicant can make an appeal to the Senior Chief Executive of Ministry of Agriculture and Food Security.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons or firms having the required facilities for the specific trade are eligible.
There is a system of registration for persons or firms to engage in importation. A registration fee as prescribed by the Native Terrestrial Biodiversity and National Parks Act 2015 (NTBNPA) applies for such registration.
There is no published list of authorised importers.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
General information requirements for CITES and IPEW are as follows: Details on importer, scientific name of imported wildlife, age, country of origin, source of wildlife, purpose of trade, sex of wildlife, quantity of wildlife imported.
Q11. What documents are required upon actual importation?
Import permit from NPCS and Veterinary certificate.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
A fee of Rs 300 is claimed for each CITES permit issued. A fee of Rs 50 is claimed for each IPEW permit issued.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Payment is made upon application of import permit.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
a. CITES import permits are valid for one year.
b. CITES export and re-export permits are valid for six months.
c. Import permit for exotic wildlife (IPEW) are valid for six months.
All permits are non-renewable. Applicants need to make fresh application against prescribed payment.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No penalty.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Non-transferable.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
Non-restrictive.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Yes. In cases where the application needs clearance from CITES Scientific Authority and/ or Invasive Alien Species Committee and approval of Ministry of Agro-Industry and Food Security, the time for processing of permits is extended and applicant is informed accordingly.