Protect Jamaican birds
THE EDITOR, Madam:
Jamaicans are very creative and the evidence of this creativity registers much in our cultural expressions, such as in our dance. We could reference the ‘80s and ‘90s where dance moves such as Water-pumpy, Della Move, Bogle and Butterfly ruled. In the 2000s, Elephant Man had the world dancing to Log On as well as Signal Di Plane. Dancehall artiste Ding Dong has also penned some smash dance hits, such as Flairy and the very popular Fling.
Presently La Lee’s Dirt Bounce and Leggo Di Bird are the craze. In a recent viral video, I saw a woman, at a dance, using two live birds as props to show how to “leggo di bird”. Where did that woman get those birds? Is it legal for her to be in possession of those birds? What does the law say regarding the protection of birds and, generally, how birds are to be managed?
The applicable legislation is the 1945 Wild Life Protection Act (WLPA). In Jamaica, this is the predominant statute skewed to protecting various animals and bird species.
“Ketch di Jancrow; anno Eagle…” Except for 23 species, in Jamaica, under the Wild Life Protection Act (Second Schedule), all birds are protected. Those protected include the two mentioned in La Lee’s Leggo Di Bird – John Crow (turkey vulture aka Carrion Crow) as well as the eagle (migratory bird). As a matter of fact, the David Buisseret edited Taylor Manuscripts on Jamaica in 1687, held at the National Library of Jamaica, records that the John Crow ( cathartes aura) was the first bird protected by the State.
Pertinent sections of WLPA:
s. 6(1) No person shall hunt any protected animal or protected bird.
s. 6 (2) Every person who contravenes the provisions of subsection (1) shall be guilty of an offence against this act.
s. 6(a) Every person who has in his possession the whole or any part of any animal or protected bird shall be guilty of an offence against this act.
s. 7 (2) (b) Every person who…
takes or has in his possession for sale, hawks, offers for sale or sells, or stores in any commercial cold storage, any game bird, shall be guilty of an offence against this act.
Note as well that the requisite authorities may:
• Enter any property to search if there is suspicion of a contravention of the act [s.15 (2)]
• Search anyone suspected of contravening the act [s.16]
Likewise, a person may be arrested without warrant if seen engaged or suspected of a contravention of the act. [s.17]
Additionally, for the contraventions of WLPA, the penalty could be up to $100,000 or one year, on conviction.
There are approximately 260 species of birds in Jamaica, with 23 not protected. I would encourage that lady who had those two birds at the dance, and anyone else, to read the Second Schedule of the Wild Life Protection Act, towards being educated on those birds protected as well as without protection.
So, now that you are aware of what the legislation on bird protection says, through the Wild Life Protection Act, it would behove any of us in contravention to really and truly “leggo di birds”.
GARFIELD GOULBOURNE
Law Student and Social Commentator
