Wildlife - Legislation

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European Directives

  • The EU plays a critical role in developing policy and legislation
  • Relates to a wide range of issues
    • farming, forestry, fisheries, air pollution, waste and climate change
  • Two key directives adopted by the EU
    • Directive on the Conservation of Wild Birds (Birds Directive)
    • Directive of the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats Directive)
    • these directives provide protection to animal and plant species that are of European importance
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Wildlife and Countryside Act 1981 (amended in 1991

  • Primary legislation that covers wildlife protection
    • includes nests and eggs, wild animals and plants
  • Extends to the countyside and national parks
  • designation of protected areas
  • makes it an offence to intentionally:
    • kill, injure or take any wild bird
    • take, damage or destroy the nest of any wild bird whilst the nest is in use or being built
    • kill, injure or take any wild animal listed on Schedule 5
    • prevents the establishment of non-native species which may be detrimental to native wildlife
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Wild Mammals (Protection) Act 1996

  • protection of wild mammals from certain cruel acts
  • any person who mutilates, kicks, beats, nails or otherwise impales, stabs, burns, stones, crushes, drowns, drags, or asphyxiates any wild mammal with the intent to inflict unnecessary suffering shall be guilty of an offence
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CITES

  • international agreement
  • ensure the international trade in specimens of wild animals and plants does not threaten their survival
  • current conservation priorities
    • raptor persecution
      • focus on hen harrier, goshawk, golden eagle, white-tailed eagle, red kite and peregrine
    • bat persecution
    • freshwater pearl mussel
  • recognise the UK has responsibilities under CITES
  • attention has also been focused on a number of key CITES commodities
    • ivory, traditional medicines (including rhino horn) and tortoises
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Countryside and Rights of Way Act (2000)

  • applies to England and Wales only
  • contains 16 schedules
    • strengthen wildlife enforcement legislation
    • better management of Areas of Outstanding Natural Beauty
  • duty on Government Departments and the National Assembly for Wales
    • regard for the conservation of biodiversity
    • maintain lists of species and habitats for which conservation steps should be taken
  • Schedule 12 of the Act amends the species provisions of the Wildlife and Countryside Act 1981
    • strengthen legal protection for threatened species
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Deer Act 1991

  • it is an offence
    • enter land without the consent of the owner is pursuit of deer with the intention of taking, killing or injuring it
    • intentionally take, kill or injure or attempt to take, kill or injure any deer
    • searches for or purseus any deer with the intention of taking, killing or injuring the deer
    • remove the carcase of a deer
  • a person shall not be guilty of an offence if:
    • he would have consent of the owner or occupier of the land
    • he has lawful authority
  • a licence may be granted to any person by Natural England or the Natural Resources Body for Wales, which exempt that person if the deer is removed dead or alive for educational or scientific purposes
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Protection of Badgers Act 1992

  • person is guilty of an offence
    • wilfully kill, injure of take (or attempts to) a badger
    • have in your possession a dead badger or any part of a dead badger (including derivitives)
  • person is not guilty of an offence if
    • badger has not been killed in contravention of the Act
    • remains had been sold and at the time of purchase the owner did not have reason to believe the remains had been killed in contravention of the Act
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Conservation of Seals Act 1970

  • prohibited methods of killing seals:
    • poison
    • firearms with a muzzle energy of not less than 600 footpounds and a bullet weighing not less than 45 grams
  • can be charged 6 months after the act
  • can be fined
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Destructive Imported Animals Act 1932

  • prohibit or control the importation and keeping of musk rats
  • regulates the keeping of non-indigenous species
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Veterinary Surgeons Act 1966

  • 'no individual shall practice, or hold himself out as practising or as being prepared to practice, veterinary surgery unless he is registered in the register of veterinary surgeons or the supplementary veterinary register'
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