Pet Bird Management Rules, 2020

For enthusiasts and businesses involved in the fascinating world of pet birds in Bangladesh, adhering to the latest regulations is crucial for responsible ownership and legal operations. The Ministry of Environment, Forest and Climate Change’s Pet Bird Management Rules, 2020, enacted under the Wildlife (Conservation and Security) Act, 2012, provide a comprehensive framework for the management of pet birds. Published in the Bangladesh Gazette on January 18, 2020, these rules cover various aspects, from keeping individual birds to operating commercial farms and pet shops.

Introduction to the 2020 Rules

These rules aim to regulate the ownership, breeding, trade, and import/export of pet birds to ensure their well-being, prevent illegal wildlife trade, and protect native bird populations. They define various terms related to pet birds, farms, pet shops, and relevant authorities.

Key Definitions to Understand

The rules define key terms that are essential for navigating the regulations:

Pet Bird (পোষা পাখি): Refers to captive birds listed or not listed in CITES Appendix II & III, and their mutants, which have been imported, bred, bought, or sold according to international regulations.
Farm (খামার): A place where more than 10 pet birds of a specific species are bred and kept for commercial purposes.
Farmer (খামারী): An individual who operates a pet bird farm.
Pet Shop (পেট শপ): A shop or sales center where ornamental pet birds are bought and sold by pet bird keepers.
Ornamental Pet Bird Keeper (শৌখিন পোষা পাখি লালন-পালনকারী): An individual who keeps pet birds for hobby purposes and has no more than 10 birds of any single species.
Licensing Authority (লাইসেন্সিং কর্তৃপক্ষ): The Chief Conservator of Forests or any officer authorized by him.

Licensing Requirements for Pet Shops and Farms (Rule 4 & 5)

A key aspect of these rules is the mandatory requirement for both pet shops and farms to obtain a license.

No Operation without a License: The rules explicitly state that no farmer can produce, keep, establish a farm, buy, sell, import, or export pet birds, and no pet shop operator can buy or sell pet birds without a license (Rule 4(1)).
Existing Operators: Those operating pet bird farms or pet shops before the commencement of these rules must obtain a license within 60 days of the rules coming into effect (Rule 4(2)).
Application Process (Rule 4(3-5)): The application process for a license involves submitting a prescribed form along with a process fee deposited in a government account. The Licensing Authority will then instruct a subordinate officer to submit a report after verifying the information and inspecting the premises within specified timelines.
License Issuance (Rule 5): The Licensing Authority will issue a license for a period of one year based on the inspection report and verification of documents. The applicant will be instructed to deposit the license fee in a government account within 7 days.
Reasons for Refusal (Rule 5): The Licensing Authority will inform the applicant in writing within 7 days of deciding to reject an application for a license, stating the reasons.
Copies to Other Authorities (Rule 5): Copies of the issued license for a farm will be sent to the relevant Deputy Commissioner, Upazila Nirbahi Officer, and Officer-in-Charge of the police station. Copies of the license for a pet shop will be sent to the relevant Upazila Nirbahi Officer and Officer-in-Charge of the police station.

License Renewal (Rule 6)

Licenses for pet shops and farms are renewable.

Renewal Application: Applications for renewal must be submitted at least 30 days before the license expires (Rule 6(2)). Penalties apply for late renewals (Rule 6(3)).
Renewal Process (Rule 6(4-5)): The renewal process involves verification of information and inspection, similar to the initial licensing. The applicant will be instructed to deposit the renewal fee within 7 days.
Operation During Processing: Pet shop operators and farmers can continue their operations while their renewal application is being processed, provided they applied within the stipulated time (Rule 6(6)).
Reasons for Refusal and Appeal (Rule 6(7)): Reasons for refusal of renewal will be provided in writing, and there is a provision for appeal within 7 days.

Possession Certificate (Rule 7 & 8)

Beyond a license for the operation, a Possession Certificate is required for individual pet birds kept on a farm.

Mandatory Certificate: Farmers cannot keep or possess pet birds in their ownership without a Possession Certificate after obtaining a license (Rule 7(1)).
Application and Issuance (Rule 7(2-3)): Applications for a Possession Certificate for each pet bird must be submitted annually with a fee. The certificate will be issued for a period of one year.
Certificate Number on Sales Receipts (Rule 7(4)): The Possession Certificate number must be included on sales receipts issued by the farm.
Renewal of Possession Certificate (Rule 8): Possession Certificates are also renewable annually following a similar process to the initial application.

Replacement of Lost or Damaged Licenses/Certificates (Rule 9)

The rules outline the process for obtaining a duplicate license or possession certificate in case of loss, damage, or tearing, requiring an application with proof of filing a general diary (GD) at the nearest police station and payment of a duplicate fee.

Conditions for Keeping Pet Birds and Operating Farms (Rule 10)

This rule lays down specific conditions for the management of pet birds and farms:

Cage Size: Prescribes minimum cage sizes for each species of pet bird kept by hobbyists and on farms (details are in Schedule 2).
Farm Conditions: Requires adequate provision of food, mineral salt, and clean water in separate containers within farm cages.
Healthcare: Mandates regular vaccination of pet birds and farm workers.
Identification: Requires ringing of chicks born on farms and informing the Licensing Authority with the ring number.
No Release into the Wild: Prohibits releasing pet birds into nature under any circumstances.
Disposal of Dead Birds: Requires burying the carcasses of dead pet birds.
Exhibitions: Licensed farmers are permitted to organize pet bird exhibitions through their registered trade associations.

Import and Export of Pet Birds (Rule 11)

The rules regulate the import and export of pet birds, particularly those listed under CITES:

Non-CITES Birds: Requires a No Objection Letter (NOL) from the Forest Department for importing or exporting non-CITES listed pet birds.
CITES Birds (Appendix I): Requires a CITES permit from the Forest Department for importing or exporting CITES Appendix I listed pet birds.
CITES Birds (Appendix II & III): Requires an NOL from the Forest Department for importing and a CITES permit for exporting CITES Appendix II & III listed pet birds.
Veterinary Certificates: Mandates obtaining a quarantine certificate from a registered veterinary surgeon at the customs port for imports and a health certificate from a registered veterinary surgeon for exports.
Designated Port: Specifies Hazrat Shahjalal International Airport, Dhaka, as the designated port for import and export.
Ring Numbers: Requires informing the Licensing Authority with the ring numbers of all imported birds.
Fees (Schedule 3): Prescribes specific fees for import and export per bird, varying for CITES listed and non-listed birds.

Record Keeping and Reporting (Rule 12)

Pet shops and farms are required to maintain specific registers:

Farm Register (Rule 12(1)): Farmers must maintain a register in a prescribed format (Form ঞ) detailing the increase and decrease in the number of pet birds and import/export activities.
Pet Shop Register (Rule 12(2)): Pet shop operators must maintain a register in a prescribed format (Form ট) detailing the purchase and sale of pet birds and the number of chicks born in the shop.
Annual Report (Rule 12(3)): Copies of these registers must be submitted to the relevant Conservator of Forests office by January of the following year.

Inspection and Penalties (Rule 14 & 17)

The rules provide for inspection of pet bird farms and pet shops by authorized officers.

Inspection Authority: Authorized officers from the Ministry of Environment, Forest and Climate Change or the Licensing Authority can inspect premises at any time without prior notice (Rule 14(1)).
Cooperation: Operators are obligated to cooperate with inspectors and provide access to registers and information (Rule 14(2)).
Actions for Violations (Rule 14(3)): If violations are found, the inspecting officer can recommend action under the law, cancellation of the Possession Certificate for farms, and seizure of the pet birds.
Penalties (Rule 17): Specific actions are outlined as offenses punishable under Section 40 of the Wildlife (Conservation and Security) Act, 2012, including operating without a license or Possession Certificate, continuing operations after license cancellation or expiry, and failing to maintain or produce registers during inspection.

Appeals (Rule 18)

The rules provide a mechanism for appealing decisions regarding licenses and Possession Certificates to the government within 30 days of the decision.

Practical Implications for Pet Bird Owners and Businesses

These rules introduce significant compliance requirements for anyone involved with pet birds beyond a few for personal hobby. Farms and pet shops require licenses, and farms need possession certificates for each bird. Strict adherence to the rules on keeping conditions, import/export, and record-keeping is mandatory.