Consultation on the review of schedule 9 to the Wildlife and Countryside Act 1981 and a ban on the sale of certain non-native species
The Protected Species and Non-native Species Team
Wildlife Species Conservation Division
Defra
1/09 Temple Quay House
2 The Square,
Bristol, BS1 6EB
8 November 2007
Dear Consultees,
Consultation on the review of schedule 9 to the Wildlife and Countryside Act 1981 and a ban on the sale of certain non-native species.
The Government is undertaking a consultation on the review of schedule 9 to the Wildlife and Countryside Act 1981 as it applies to England and Wales. The consultation also includes proposals to ban the sale of certain non-native species. Your comments are sought on the proposals contained within this consultation. A separate consultation exercise for Scotland carried out by the Scottish Executive took place between November 2006 and February 2007.
Sections 14 – 14ZB of the 1981 Act are the principal provisions that deal with non-native species. Section 14 prohibits the introduction into the wild of any species of animal (including birds, reptiles, fish, invertebrates etc.) that is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state, or any species of animal or plant listed on schedule 9. In the main, schedule 9 lists non-native species that are already established in the wild, but which continue to pose a conservation threat to native biodiversity and habitats, such that further releases should be regulated. Section 16 provides a mechanism for disapplying (inter alia) section 14 by way of the licensing of acts that would otherwise contravene it.
Section 50 of the Natural Environment and Rural Communities (NERC) Act 2006 inserted a new section 14ZA into the Wildlife and Countryside Act 1981. This introduces a new offence of selling, offering or exposing for sale, or having in one’s possession or transporting for the purpose of sale, any live animals or plants specified in an Order made under that provision, or anything from which such an animal or plant can be reproduced or propagated, such as eggs or seeds.
Review of Schedule 9
Responses to the consultation on non-native species, carried out in 2003/4, generally supported a broad prohibition as currently found under section 14, and the retention of a schedule identifying those non-native species that should be subject to additional control. However, it was recognised that the current schedule is out of date and should be subject to an early review. This consultation seeks views on which species should and should not be listed on schedule 9.
Ban on sale Order
New section 14ZA of the 1981 Act, as inserted by NERC 2006, came into force on 1st October 2006. The power to prohibit the sale of specified non-native species is another measure to help in tackling the risks posed by and the impacts caused by invasive non-native species. We intend to use it in a measured way, primarily targeting a limited number of species which are known to be particularly invasive. We are now considering exactly which species should be subjected to a ban on sale and the consultation seeks views on this question.
Consultees
All of these consultation documents, including the list of consultees, are available online on Defra’s website: www.defra.gov.uk/corporate/consult/wca-schedule9/index.htm
Please let us know if there are any organisations not on the consultee list to which this consultation should also be sent.
You are invited to consider these two issues and the Impact Assessments setting out the potential costs and benefits. Please send your comments, using the response form provided, to the Protected Species and Non-native Species Team at the address below within 12 weeks of the publication date. Responses from residents of Wales will be copied to the Welsh Assembly Government. If you are responding on behalf of a group of organisations, please indicate this.
If you have any questions on the proposals you should contact:
The Protected Species and Non-native Species Team, Wildlife Species Conservation Division, Defra, 1/09 Temple Quay House, 2 The Square, Bristol, BS1 6EB or email nns.consultations@defra.gsi.gov.uk
In line with Defra’s policy on openness, at the end of the consultation period copies of the responses we receive may be made publicly available through the Defra Information Resource Centre, Lower Ground Floor, Ergon House, 17 Smith Square, London, SW1P 3JR. The information they contain may also be published in a summary of responses. If you do not consent to this, you must clearly request that your response be treated confidentially. Any confidentiality disclaimer generated by your IT system in email responses will not be treated as such a request.
You should also be aware that there are circumstances in which Defra will be required to communicate information to third parties on request, in order to comply with its obligations under the Freedom of Information Act 2000 and the Environmental Information Regulations.
The Information Resources Centre will supply copies of consultation responses to personal callers or in response to telephone or e-mail requests (tel: 020 7238 6575, email defra.library@defra.gsi.gov.uk). Wherever possible, personal callers should give the library at least 24 hours notice of their requirements. An administrative charge will be made to cover photocopying and postage costs.
Comments or complaints about the consultation process (as opposed to comments on the issues that are the subject of the consultation) should be addressed to Marjorie Addo, Defra’s Consultation Co-ordinator, at Room 7C Nobel House, 17 Smith Square, London SW1P 3JR.
Yours faithfully
Matt Ashton
Department for Environment Food and Rural Affairs
Page published: 8 November 2007