Section 30
Management Of Confiscated Wild Fauna Or Flora Or Their Specimen
(1) The Management Authority shall have to manage the endangered species of wild fauna or flora or specimen thereof confiscated under this Act due to carrying out of any act in contravention of this Act as follaws:-
a) specimen non-living sample of endangered species of wild fauna or flora to be destroyed;
b) In case of an endangered species of wild fauna or flora is in living conditions and necessary for conservation,
to release it in the natural habitat in Nepal or to plant or to refer to other agency for taking other measures
for conservation; Provided that though it is in living condition, if it is
dangerous for conservation or is likely to cause adverse effect to the indigenous endangered species of
wild fauna or flora found in Nepal, such wild fauna or flora or specimen thereof shall be destroyed.
c) To sell by auction according to laws in force of the threatened or protected wild fauna or flora which is
not necessary or possible to be conserved;
d) To make available to any public organization or agency for academic, scientific, studies and research
purposes or for religious works having prescribed necessary conditions; or
e) To manage or cause to be managed in other prescribed manner.
(2) Notwithstanding anything contained in sub-Section (1), Government of Nepal shall ask to the concerned authority to return back to the country of origin the endangered species of wild fauna or flora or a
specimen thereof confiscated for the reason of its being imported without complying with the procedures under this Act from which it was imported to Nepal.
(3) While asking to get it back pursuant to sub-Section (2), in case the concerned country desires to get the wild fauna or flora or specimen thereof back or the authorized agency of the concerned country makes a
request to that effect, such wild fauna or flora or a sample thereof may be returned back to the concerned country.
(4) The country getting back the wild fauna or flora or a specimen thereof shall bear the costs incurred for returning back such wild fauna or flora or a specimen thereof.
(5) The concerned country shall have to get the wild fauna or flora or a specimen thereof returned back within a period of ninety days from the date on which a decision is asking made pursuant to sub-Section (3).
(6) While writing to get it back pursuant to sub-Section (2), in case the concerned country does not desire to get the wild fauna or flora or specimen thereof back or even if it desires to get it back but fails to get it
back within the period referred to in sub-Section (5), the Management Authority shall have to manage the wild fauna or flora or a specimen thereof pursuant to sub-Section (1).
(7) Before destroying any endangered wild fauna or flora or a specimen thereof pursuant to sub-Section (1), the wild fauna or flora or a specimen thereof shall be referred to the specified laboratory for scientific experiment and in case the report of such a laboratory demonstrator that such wild fauna or flora or a specimen thereof has to be destroyed, it shall be destroyed as prescribed in the presence of representatives from the concerned District Court, District Administration Office and local level.
a) specimen non-living sample of endangered species of wild fauna or flora to be destroyed;
b) In case of an endangered species of wild fauna or flora is in living conditions and necessary for conservation,
to release it in the natural habitat in Nepal or to plant or to refer to other agency for taking other measures
for conservation; Provided that though it is in living condition, if it is
dangerous for conservation or is likely to cause adverse effect to the indigenous endangered species of
wild fauna or flora found in Nepal, such wild fauna or flora or specimen thereof shall be destroyed.
c) To sell by auction according to laws in force of the threatened or protected wild fauna or flora which is
not necessary or possible to be conserved;
d) To make available to any public organization or agency for academic, scientific, studies and research
purposes or for religious works having prescribed necessary conditions; or
e) To manage or cause to be managed in other prescribed manner.
(2) Notwithstanding anything contained in sub-Section (1), Government of Nepal shall ask to the concerned authority to return back to the country of origin the endangered species of wild fauna or flora or a
specimen thereof confiscated for the reason of its being imported without complying with the procedures under this Act from which it was imported to Nepal.
(3) While asking to get it back pursuant to sub-Section (2), in case the concerned country desires to get the wild fauna or flora or specimen thereof back or the authorized agency of the concerned country makes a
request to that effect, such wild fauna or flora or a sample thereof may be returned back to the concerned country.
(4) The country getting back the wild fauna or flora or a specimen thereof shall bear the costs incurred for returning back such wild fauna or flora or a specimen thereof.
(5) The concerned country shall have to get the wild fauna or flora or a specimen thereof returned back within a period of ninety days from the date on which a decision is asking made pursuant to sub-Section (3).
(6) While writing to get it back pursuant to sub-Section (2), in case the concerned country does not desire to get the wild fauna or flora or specimen thereof back or even if it desires to get it back but fails to get it
back within the period referred to in sub-Section (5), the Management Authority shall have to manage the wild fauna or flora or a specimen thereof pursuant to sub-Section (1).
(7) Before destroying any endangered wild fauna or flora or a specimen thereof pursuant to sub-Section (1), the wild fauna or flora or a specimen thereof shall be referred to the specified laboratory for scientific experiment and in case the report of such a laboratory demonstrator that such wild fauna or flora or a specimen thereof has to be destroyed, it shall be destroyed as prescribed in the presence of representatives from the concerned District Court, District Administration Office and local level.