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Section 30
Management of confiscated wild animals or plants or samples thereof
- (1) Because of any action contrary to this Act, endangered wildlife or plants or samples confiscated in accordance with this Act shall be managed by the management agency as follows:-< br> (a) destroying non-living specimens of endangered wildlife or flora,
(b) If the endangered wild animals or plants are still alive and need to be protected, to release or plant or move them in their natural habitat within Nepal or to send them to the relevant authorities to take other necessary measures for conservation, but even if they are still alive, they are harmful to conservation or endangered wild animals of Nepal. Or the wild animals or plants or their specimens that adversely affect the flora must be destroyed.
(c) To auction endangered or protected wildlife or plants or their specimens, which are not considered necessary to protect or are not possible to protect, in accordance with the prevailing law,
(d) make available to public institutions or bodies for the purpose of educational, scientific, study, research or religious work, or
(e) To manage or cause to be managed in other ways as prescribed.
(2) Notwithstanding anything written in sub-section (1), the Government of Nepal shall send a written notice to the relevant authorities to return to the country from which the endangered wildlife or flora or fauna confiscated due to importation without completing the procedure according to this Act.
(3) If the concerned country wants to take back such wildlife or flora or its specimen after sending in writing according to sub-section (2) or if requested by the authorized body of such country, such wildlife or flora or its specimen can be returned to the concerned country by the decision of the Government of Nepal.
(4) According to sub-section (3), the cost incurred in returning the endangered wildlife or flora or its parts shall be borne by the country that takes them back.
(5) Within ninety days from the date of decision in accordance with sub-section (3), the concerned country shallOr the sample will have to be taken back.
(6) If the concerned country does not express its desire to take back when it is sent in writing according to sub-section (2) or even if it expresses its desire, sub-section
(5) If it cannot be taken back within the period as stated, such wild animals or plants or the area shall be managed by the management body in accordance with sub-section (1).
(7) According to sub-section (1), before destroying any endangered wild animal or plant or its specimen, such wildlife or plant or its specimen shall be sent to the prescribed laboratory for scientific testing and the destruction of such wildlife or plant or its specimen shall be based on the report of that laboratory. If found to be necessary, it must be destroyed as specified in the relevant district court, district administration office and local level representative office.