Clause 1
Short title and commencement
This Act may be cited as the Endangered Species (Import and Export) Act 2005 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
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Quick answer
Endangered Species (Import and Export) Bill is Singapore Bill, cited as Bill 43 2005, currently marked in force and first recorded in 2005.
Part I
Short title and commencement
This Act may be cited as the Endangered Species (Import and Export) Act 2005 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Interpretation
“advertise”, in relation to a scheduled species, means to describe, make reference to or allude in any way, by any means or in any form, to that scheduled species —
whether directly or indirectly;
whether orally, in writing in any language, diagrammatically, pictorially, by the use of symbols or photographs, or in any combination thereof; and
whether by the common name or the scientific name of that scheduled species or otherwise;
“animal” means any member of the Animal Kingdom, and includes —
any mammal (other than man), bird, reptile, amphibian, fish, mollusc, arthropod, or other vertebrate or invertebrate, whether alive or dead, and the egg, young or immature form thereof; and
any readily recognisable part or derivative of an animal;
“authorised officer” means —
any police officer;
any officer of customs within the meaning of the Customs Act (Cap. 70); or
any public officer or officer of the Authority or of any other statutory authority appointed by the Director-General under section 3(2);
“Authority” means the Agri-Food and Veterinary Authority established under section 3 of the Agri-Food and Veterinary Authority Act (Cap. 5);
“CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed in Washington, D. C., on 3rd March 1973, and any amendment to, or substitution of, the Convention that is binding on Singapore;
“conveyance” includes any vessel, aircraft, vehicle or mode of transport;
“Director-General” means the Director-General, Agri-Food and Veterinary Services appointed under section 3(1) of the Animals and Birds Act (Cap. 7);
“export” means to take or cause to be taken out of Singapore by land, sea or air any scheduled species other than any scheduled species in transit in Singapore, but does not include re-export;
“import” means to bring or cause to be brought into Singapore by land, sea or air any scheduled species other than any scheduled species in transit in Singapore;
“information” includes data, text, images, sound, codes, computer programmes, software and databases;
“introduction from the sea” means transportation into Singapore of any scheduled species which was taken in the marine environment not under the jurisdiction of any State;
“owner” includes any person for the time being in charge of any scheduled species and any person for the time being in occupation of any premises;
“permit” means a permit, licence, certificate or written permission issued by the Director-General under section 7(2) or deemed to be issued under section 31;
“plant” means any member of the Plant Kingdom, whether live or dead, and any readily recognisable part or derivative of a plant;
“premises” includes any house, hut, shed, structure, platform, path, bridge, open space, building or enclosure whether roofed or not;
“readily recognisable part or derivative of a plant” means any substantially complete or part or derivative of a plant, in natural form, preserved, dried or otherwise treated or prepared which may or may not be contained in preparations, and includes ––
seed, stem, leaf, bark, root, log, flower, fruit or pod; and
any thing which is claimed by any person, or which appears from an accompanying document, the packaging, a label or mark or from any other circumstances, to contain a part or derivative of a plant;
“readily recognisable part or derivative of an animal” means any substantially complete or part or derivative of an animal, in natural form, stuffed, chilled, preserved, dried or otherwise treated or prepared which may or may not be contained in preparations, and includes ––
meat, bones, hide, skin, leather, tusk, horn, antler, gland, feathers, hair, teeth, claws, shell, scales and eggs; and
any thing which is claimed by any person, or which appears from an accompanying document, the packaging, a label or mark or from any other circumstances, to contain a part or derivative of an animal;
“re-export” means the export of any scheduled species that has previously been imported;
“sample”, in relation to a scheduled species, means the scheduled species or any part thereof;
“scheduled species” means any animal or plant (including any readily recognisable part or derivative thereof) specified in the Schedule.
For the purposes of this Act, a scheduled species shall be considered to be in transit if, and only if, it is brought into Singapore solely for the purpose of taking it out of Singapore and —
it remains at all times in or on the conveyance in or on which it is brought into Singapore;
it is removed from the conveyance in or on which it was brought into Singapore and either returned to the same conveyance or transferred directly to another conveyance before being despatched to a place outside Singapore, and is kept under the control of the Director-General or an authorised officer while being so removed, returned or transferred; or
it is removed from the conveyance in or on which it was brought into Singapore and kept under the control of the Director-General or an authorised officer for a period not exceeding 14 days, or such longer period as the Director-General may approve, pending despatch to a place outside Singapore.
Administration of Act and appointment of authorised officer, etc.
The Director-General shall be responsible for the administration of this Act, subject to the general or special directions of the Minister.
The Director-General may in writing appoint any public officer or any officer of the Authority or of any other statutory authority to be an authorised officer for the purposes of this Act.
The Director-General may delegate to any authorised officer the exercise of all or any of the powers conferred or duties imposed upon him by this Act except the power of delegation by this subsection.
Restriction on import, export, etc., of scheduled species
Any person who imports, exports, re-exports or introduces from the sea any scheduled species without a permit shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 for each such scheduled species (but not to exceed in the aggregate $500,000) or to imprisonment for a term not exceeding 2 years or to both.
Any person who has in his possession or under his control, or who sells, offers or exposes or advertises for sale, or displays to the public any scheduled species which has been imported or introduced from the sea in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 for each such scheduled species (but not to exceed in the aggregate $500,000) or to imprisonment for a term not exceeding 2 years or to both.
Any person who sells, offers or exposes or advertises for sale, or displays to the public such scheduled species as the Minister may, by notification in the Gazette, specify shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for each such scheduled species (but not to exceed in the aggregate $100,000) or to imprisonment for a term not exceeding 12 months or to both.
Control of scheduled species in transit
Every scheduled species in transit in Singapore shall be accompanied by —
a valid CITES export or re-export permit, licence, certificate or written permission issued by the competent authority of the country of export or re-export, as the case may be, of the scheduled species; and
where required by the country of import or final destination of the scheduled species, a valid CITES import permit, licence, certificate or written permission issued by the competent authority of that country or destination.
Any owner, importer, exporter or re-exporter who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 for each scheduled species in transit in Singapore in contravention of that subsection (but not to exceed in the aggregate $500,000) or to imprisonment for a term not exceeding 2 years or to both.
Defence to offence under section 4 or 5
Subject to subsection (2), in any proceedings for an offence under section 4 or 5, it shall be a defence for the person charged to prove —
that the commission of the offence was due to the act or default of another person or to some other cause beyond his control; and
that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or by any person under his control.
If in any case the defence provided by subsection (1) involves the allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without the leave of the court, be entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information as was then in his possession identifying or assisting in the identification of that other person.
Issue of permit
Any person who wishes to import, export, re-export or introduce from the sea any scheduled species may apply to the Director-General, in such form as the Director-General may determine and on payment of the prescribed fee, for a permit.
The Director-General may —
issue a permit, licence, certificate or written permission to import, export, re-export or introduce from the sea any scheduled species either unconditionally or subject to such conditions or restrictions as he may impose; or
refuse to issue such permit, licence, certificate or written permission.
Cancellation of permit
The Director-General may at any time cancel a permit if —
any condition or restriction of the permit is contravened; or
the Director-General is satisfied that the permit was issued as a result of a misleading statement or a misrepresentation of a material fact.
Where the Director-General cancels a permit under subsection (1), he shall immediately notify the holder of the permit.
Where the Director-General has notified the holder of a permit under subsection (2) of the cancellation of his permit, the holder of the permit shall immediately surrender the permit to the Director-General.
Any holder of a permit who, without reasonable excuse, contravenes subsection (3) shall be guilty of an offence.
Power of inspection
An authorised officer may, for the purpose of ensuring compliance with this Act, do all or any of the following:
at any reasonable time enter and inspect any premises or conveyance in which the officer reasonably believes there is any item to which this Act applies or any document relating to the administration of this Act;
open or cause to be opened any door, window, lock, fastener, compartment, box, container or any other thing that the officer reasonably believes contains any such item or document;
inspect any such item, and take such item or any sample thereof free of charge;
inspect or copy, in whole or in part, any such document;
make such examination or inquiry as may be necessary to ascertain whether the provisions of this Act have been complied with;
exercise such other powers as may be reasonable and necessary for giving effect to the provisions of this Act.
Power to investigate and require information
Where the Director-General has reason to believe that any person has contravened any provision of this Act, the Director-General may investigate the matter and, for the purposes of any such investigation, the Director-General may —
call upon any authorised officer to make whatever preliminary investigation he considers necessary;
require the production for inspection by the Director-General or any authorised officer of any book, document or paper which may relate to or be connected with the subject-matter of the investigation;
require any person to give all information in relation to any such book, document or paper which may be reasonably required by the Director-General or the authorised officer; and
require any person to furnish any other information as the Director-General or the authorised officer may require.
If the Director-General has reason to suspect that any scheduled species found in any premises or conveyance or in the possession of any person has been imported or introduced from the sea, the Director-General may require any person who has in his possession or custody or under his control the scheduled species —
to declare its scientific name; and
to furnish to the Director-General such other information as he may require.
The Director-General or an authorised officer may record any information furnished by any person under subsection (1) or (2) as a statement which shall be admissible as evidence in any proceedings in connection with any offence under this Act.
Power of entry, search and seizure
An authorised officer may —
without warrant enter and search any premises and stop, board and search any conveyance in or on which he reasonably suspects that there is to be found any scheduled species in contravention of this Act;
search any person found in such premises or conveyance; and
seize, remove and detain at the risk of the owner any scheduled species and all other items referred to in subsection (3)(b), (c) and (d) found in such premises or conveyance.
For the purpose of exercising his power under this Act, an authorised officer may, with such assistance as he thinks necessary, break open any door, window, lock, fastener, compartment, box, container or any other thing.
An authorised officer may seize, remove and detain at the risk of the owner —
any scheduled species liable to seizure;
any receptacle in which the scheduled species which is seized is contained, together with any handling or other device used for or in connection with such scheduled species;
any thing which appears to him to be or to contain evidence that an offence under section 4 or 5 has been committed; or
any food or drink accompanying an animal which is seized,and, in the case of any food or drink so seized which is perishable, the Director-General may cause the same to be sold or otherwise disposed of immediately.
For the purposes of this section, any animal or plant is liable to seizure if an authorised officer has reason to suspect that it is a scheduled species —
which is being or has been imported, exported, re-exported or introduced from the sea in contravention of section 4(1);
which is possessed by or under the control of or being sold or offered or exposed or advertised for sale, or being displayed in contravention of section 4(2);
which is being sold or offered or exposed or advertised for sale, or being displayed in contravention of section 4(3); or
which is in transit in Singapore in contravention of section 5(1).
Powers ancillary to inspections and searches
For the purpose of carrying out an inspection under section 9 or a search under section 11, an authorised officer may stop a conveyance or direct that it be moved to a place where the inspection or search may be carried out.
Any item (including any sample thereof) taken under section 9, or any animal, plant or item seized under section 11(1)(c) or (3), may be kept or stored in the premises or conveyance where it was taken or seized, as the case may be, or may, at the direction of the Director-General or an authorised officer, be removed to any other place to be kept or stored thereat.
The Director-General or an authorised officer may subject any animal, plant or item referred to in subsection (2) to such examination or analysis as he may consider necessary for the purposes of the administration of this Act.
No compensation shall be payable in respect of any animal, plant or item which is damaged or otherwise destroyed by virtue of any examination or analysis under subsection (3), unless such damage or destruction is directly attributable to the negligence or default of the Director-General or the authorised officer.
The Director-General or an authorised officer may mark, seal or label any animal, plant or item referred to in subsection (2) in such manner as he thinks fit and may lock or seal the premises, conveyance or other place in which it is being kept or stored.
Any person who, without the authority of the Director-General or an authorised officer —
interferes or tampers with, removes, distributes, sells or otherwise disposes of any animal, plant or item referred to in subsection (2);
opens, breaks or otherwise tampers with the lock or seal placed by the Director-General or an authorised officer on any premises or conveyance or part thereof under subsection (5); or
alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the Director-General or an authorised officer on any animal, plant or item under subsection (5),shall be guilty of an offence.
Power to require scheduled species to be marked, etc.
The Director-General may require any owner, importer, exporter or re-exporter of scheduled species to brand, label or otherwise mark such scheduled species to the satisfaction of the Director-General.
Notwithstanding subsection (1), the Director-General may brand, label or mark any such scheduled species.
Any person who contravenes any requirement of the Director-General under subsection (1) shall be guilty of an offence.
Any person who alters, counterfeits, defaces, destroys, erases or removes any brand, label or mark referred to in subsection (1) or (2) without the prior approval of the Director-General shall be guilty of an offence.
In this section, a reference to the labelling or marking of scheduled species includes a reference to the following:
in the case of a plant —
the labelling or marking of a container in which the plant is kept or in which the plant is growing; or
the placement of a label or tag on the plant; and
in the case of an animal —
the implantation of a scannable device in the animal;
the placement of a band on any part of the animal;
the placement (whether by piercing or otherwise) of a tag, tattoo or ring on any part of the animal; or
the labelling or marking of a container in which the animal is kept.
Power of arrest
The Director-General or any authorised officer may arrest without warrant any person committing or attempting to commit or whom he reasonably suspects of being engaged in committing or attempting to commit any offence under this Act.
The Director-General or any authorised officer making an arrest without warrant shall, subject to subsection (3), without unnecessary delay bring the person arrested before a Magistrate’s Court or a District Court.
No person who has been arrested by the Director-General or any authorised officer shall be released, except on his own bond or on bail or on the special order in writing of the Magistrate, the District Judge or the Director-General.
Forfeiture
Upon the conviction of any person for an offence under section 4 or 5, the scheduled species in respect of which the offence was committed and any other thing seized under section 11(3)(b), (c) or (d) shall, without further order, be forfeited to the Director-General.
Where a person who is prosecuted for an offence under section 4 or 5 is acquitted or given a discharge, conditional or otherwise, the court may order the scheduled species in respect of which the prosecution was brought and any other thing seized under section 11(3)(b), (c) or (d) —
to be released to the person from whom they were seized or to the owner thereof; or (b)to be forfeited to the Director-General.
Where the owner, importer, exporter or re-exporter of the scheduled species cannot be ascertained or where he is outside Singapore, the Director-General may forfeit the scheduled species and any other thing seized under this Act.
The Director-General shall, before forfeiting any scheduled species or thing under subsection (3), give to the person from whom the scheduled species or thing was seized notice of his intention to do so on the expiration of 7 days of the date of such notice.
Where the scheduled species and other things to be forfeited are live animals, the Director-General shall not be required to give any notice under subsection (4).
All scheduled species and other things which are forfeited to the Director-General under this Act shall be disposed of in such manner as the Director-General thinks fit, including repatriation under subsection (10) if the Director-General so decides.
Except as provided in subsection (8), any expenses incurred by the Director-General or any authorised officer for the detention, confiscation, storage, maintenance, housing, repatriation, transport and disposal of any scheduled species shall be charged against the owner, importer, exporter or re-exporter, as the case may be, of the scheduled species.
Subject to subsection (10), if any scheduled species enters Singapore by any conveyance contrary to this Act, the owner and the importer of the scheduled species shall be jointly and severally liable for all expenses incurred by the Director-General or any authorised officer in respect of the detention, confiscation, storage, maintenance, housing, repatriation, transport and disposal of the scheduled species.
If the sum charged under subsection (7) or (8) is not paid by the owner, importer, exporter or re-exporter, as the case may be, within 14 days after demand, that sum may be reported to a Magistrate’s Court or District Court and recovered in the same manner as if it were a fine imposed by a Magistrate’s Court or District Court, as the case may be.
When a decision of repatriation is made under this Act in respect of any scheduled species which has been imported or introduced into Singapore in contravention of this Act, and the scheduled species was brought into Singapore in a conveyance, the owner of the conveyance shall, if required in writing by the Director-General, provide or be responsible for —
free passage for the return of the scheduled species to the place at which the scheduled species was shipped to Singapore, or to any other port or place designated by the Director-General; and
proper maintenance and housing of the scheduled species during the voyage, flight or journey.
No person shall be liable under subsection (10) unless the decision of repatriation has been made by the Director-General within —
12 months from the date on which the scheduled species was imported or introduced into Singapore; or
6 months from the date proceedings for the offence in connection with such importation or introduction into Singapore are concluded or from the date the offence is compounded,whichever is the later.
Obstruction
Any person who —
obstructs or impedes the Director-General or any authorised officer in the execution of his duty under this Act; or
refuses or fails, without reasonable excuse, to produce or furnish such book, document, paper or information or render all necessary assistance as may be required or directed by the Director-General or an authorised officer,shall be guilty of an offence.
Penalty for false declarations, etc.
Any person who, being required by this Act to make or furnish any declaration, statement, representation or information or to produce any permit or who, for the purpose of obtaining any permit under this Act —
makes or furnishes any declaration, statement, representation or information which is false in a material particular; or
produces any permit, licence, certificate or written permission which he knows or has reason to believe is false in any material particular, which has not been given by the person by whom it purports to have been given, or which has been in any way altered or tampered with,shall be guilty of an offence.
Any person who —
without lawful authority alters, forges, mutilates or defaces any permit; or
knowingly makes use of any permit which has been so altered, forged, mutilated or defaced,shall be guilty of an offence.
General penalty
Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
Abetment of offences
Any person who abets the commission of, or who attempts to commit, any offence under this Act shall be guilty of an offence and shall be liable on conviction to be punished with the punishment provided for the offence.
Offences by bodies corporate, etc.
Where an offence under this Act committed by a body corporate is proved —
to have been committed with the consent or connivance of an officer; or
to be attributable to any neglect on his part,the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Where an offence under this Act committed by a partnership is proved —
to have been committed with the consent or connivance of a partner; or
to be attributable to any neglect on his part,the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
to be attributable to any neglect on the part of such an officer or member,the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
“officer” —
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;
The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.
Advisory Committee
The Minister may establish an Advisory Committee consisting of such members as he may appoint.
The Advisory Committee shall advise the Director-General upon any question which he may refer to it in connection with the administration of this Act.
Fees, etc., payable to Authority
All fees, charges, sums collected for the composition of offences and any other moneys collected under this Act shall be paid to the Authority.
Authority not liable for damage caused to goods or property as result of search, etc.
Subject to this Act, the Authority shall not be liable to make good any damage caused to or any loss of goods or property (including any animal or plant) as a result of any entry, search, detention or anything which is done under this Act.
Jurisdiction of court, etc.
Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.
For the purpose of section 133 of the Criminal Procedure Code and notwithstanding subsections (1) and (2) thereof, a Magistrate may take cognizance of an offence under this Act upon receiving a complaint in writing and signed by the Director-General or an authorised officer.
Composition of offences
The Director-General may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $5,000.
Where an offence is compounded under this Act, the scheduled species in respect of which the offence was committed and any other thing seized under section 11(3)(b), (c) or (d) shall be forfeited to the Director-General.
Subject to subsection (2), on payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.
Exemption
The Minister may, by order published in the Gazette, exempt any person or scheduled species or any class or description of persons or scheduled species from all or any of the provisions of this Act, subject to such terms or conditions as may be prescribed.
The Director-General may on the application of any person, by notice in writing, exempt the person from all or any of the provisions of this Act if he considers it appropriate to do so in the circumstances of the case.
An exemption under subsection (2) —
may be granted subject to such terms or conditions as the Director-General may specify by notice in writing;
need not be published in the Gazette; and
may be withdrawn at any time by the Director-General.
Service of documents
Any notice, order or document required or authorised by this Act to be given to or served on any person, and any summons issued by a court against any person in connection with any offence under this Act may be served on the person —
by delivering it to the person or to some adult member or employee of his family or household at his last known place of residence;
by leaving it at his usual or last known place of residence or place of business in an envelope addressed to the person;
by sending it by registered post addressed to the person at his usual or last known place of residence or place of business; or
in the case of an incorporated company, a partnership or a body of persons —
by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; or
by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business.
Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) shall be deemed to be duly served on the person at the time when the notice, order, document or summons, as the case may be, would in the ordinary course of post be delivered and, in proving service of the notice, order, document or summons, it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.
Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act may be served by delivering it or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order, document or summons to some conspicuous part of the premises.
Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act shall be deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description.
Amendment of Schedule
The Minister may, by notification published in the Gazette, add to, alter or amend the Schedule.
Rules
The Minister may make rules —
providing for the issue of permits for the importation, exportation, re-exportation and introduction from the sea of scheduled species;
prescribing the form, duration, terms, conditions and restrictions of any permit and the fees payable therefor, and providing for the cancellation and suspension thereof;
providing for the imposition of a levy on the import, export or re-export of any scheduled species;
authorising the sale or possession or control of or other dealing in scheduled species and prescribing the circumstances and conditions under which a person may be in possession or in control of or sell or otherwise deal with any scheduled species;
relating to the branding, packaging, marking either permanently or temporarily and labelling of scheduled species for the purpose of identification;
prescribing the fees to be charged in respect of anything done under or by virtue of this Act;
prescribing any other matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act.
Rules made under this Act —
may provide that a contravention of any provision of the rules shall be an offence;
may provide for penalties not exceeding a fine of $50,000 or imprisonment for a term not exceeding 2 years or both for each offence.
Repeal
The Endangered Species (Import and Export) Act (Cap. 92A) is repealed.
Transitional and savings provision
Any application for a permit, and any permit, approval, notice, order or other document, made, issued or given under the repealed Endangered Species (Import and Export) Act shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been made, issued or given under this Act.