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Legal Summary

Protected species and sites

HABITATS

Protected sites

Where a site is protected through notification as a Site of Special Scientific Interest (SSSI), it is an offence for anyone to damage the special interest features of that site. Owners and occupiers are required to obtain consent from English Nature or the Countryside Council for Wales before carrying out any of the operations listed as likely to damage those features. SSSIs may also be notified as being of European importance (forming part of the Natura 2000 series of sites). A plan or project that is likely to have a significant effect on the site, or is not directly connected with its management must be subject to an appropriate assessment by the competent authority.

Further information on Nature Conservation Designations can be found at http://www.defra.gov.uk/wildlife-countryside/ewd/ewd08.htm

For further information on how site designation is undertaken for certain species please see Defra website at: http://www.defra.gov.uk/wildlife-countryside/ewd/ewd09.htm

Information on the Convention on Wetlands of International Importance, Especially as Waterfowl Habitats (The Ramsar Convention) can be found on the Defra website at http://www.defra.gov.uk/wildlife-countryside/ewd/ewd10.htm

The Bern Convention

The Bern Convention on the Conservation of European Wildlife and Natural Habitats was opened for signature in 1979, and was ratified by the United Kingdom in 1982.

Its principal aims are:-

• to ensure conservation and protection of all wild plants and animal species,
• to increase co-operation between States in these areas, and
• to afford special protection to the most vulnerable or threatened species (including migratory species).

The Convention thus protects over 500 wild plant species and more than 1000 wild animal species. It is open - that is not limited to Europe - and is now in force in 45 member states. It is the inspiration for the EC Habitats and Wild Birds Directives and had a direct influence on the UK's main conservation legislation, the Wildlife and Countryside Act 1981 (as amended). The UK continues to play an active role in the Convention, and in particular its current work in support of wider biodiversity initiatives.

Detailed information on the activities and main texts of the Convention can be found on

• http://www.coe.int/t/e/cultural_co-operation/environment/nature_and_biological_diversity/Nature_protection/
• http://www.defra.gov.uk/wildlife-countryside/ewd/ewd11.htm

Wildlife and Countryside Act 1981

Protection of birds: The Wildlife and Countryside Act 1981 affords statutory protection to all wild birds and implements and fulfils the United Kingdom’s obligations under the EC Wild Birds Directive. Under Section 1 it is an offence to intentionally kill, injure or take any wild bird, take damage or destroy the nest of any wild bird while that nest is in use or being built, or take or destroy an egg of any wild bird.

It is also an offence to disturb any wild bird included in Schedule 1 Part II of the Act while it is building a nest or is in, on or near a nest containing eggs or young; or disturbs dependent young of such a bird.

It is also an offence to be in possession or control of any bird or egg or any derivative of a wild bird, or to sell such an item, unless it can be shown that it was taken legally from the wild.

Certain birds, listed on Schedule 2 Part III, can be taken from the wild during the open season, without the need for a licence from Defra or English Nature. These species are legally huntable during this period. If they are required to be taken during the close season a licence will be required from the appropriate body. This includes the taking of birds during the close season for the collection of genetic material.

Protection of Animals: Under Section 9 of the 1981 Act certain animals. Listed on Schedule 5 Part II, are protected from killing, taking or injuring. It is also an offence to be in possession or control of any live or dead specimen or derivative, or to sell, if it cannot be shown to have been taken legally from the wild.

It is also an offence if any person intentionally or recklessly damages, destroys or obstructs access to any structure or place which a wild animal listed on Schedule 5 uses as shelter or for protection, or disturbs any such animal whilst it is occupying this structure.

The Government recently strengthened wildlife protection for Cetacea (dolphins and whales) and the basking shark, cetorhinus maximus, by introducing the offence of intentional or reckless disturbance of these species, whether or not this is at a breeding or resting site, (Countryside and Rights of Way Act 2000).

Protection of Plants: Under Section 13 of the 1981 Act certain plants listed on Schedule 8 of Part II of the Act are protected from picking, uprooting or destruction. It also protects these species against sale, offer or exposure for sale, possession and transport for the purposes of sale, or the advertising with the intention of sale, unless it can be shown that the species in question was legally taken from the wild.

Licensing procedures for the taking of genetic material under the Wildlife and Countryside Act 1981

Licences can be granted under Section 16 of the 1981 Act, which implements the powers of derogation under Articles 7 and 9 of the Directive to allow collection of any genetic material from protected species.

A licence can be obtained from English Nature or the Countryside Council for Wales. To allow the collection of genetic material under Section 16 of the 1981 Act for the purposes of scientific, research or education purposes.

Introduction of alien species: Section 14 of the 1981 Act makes it an offence to release or allow to escape into the wild any animal, which is of a kind not ordinarily resident in and is not a regular visitor to Great Britain. It also prohibits release or allowing to escape of animals listed on Schedule 9 part I. Similarly, it is an offence to plant or otherwise cause to grow in the wild any plant included in Schedule 9 Part II.

Collection of blood samples for enforcement of the Wildlife and Countryside Act 1981

Section 19ZB (as inserted by the Countryside and Rights of Way Act 2000) of the Wildlife and Countryside Act 1981 empowers police officers to require the taking of a tissue or blood sample from any specimen which he believes is the subject of an offence under Part I of the Act. He may also require a tissue or blood sample from any other specimen where it will tend to establish the identity of the specimen the subject of an offence. Samples may only be taken to determine the identity or ancestry of the specimen; no lasting harm must be caused; and in the case of a live bird or animal, a veterinary surgeon must take the sample.

Similar powers are available to Defra Wildlife Inspectors, who may require samples - again to check the identity or ancestry of specimens – in support of the sales and other administrative controls in the 1981 Act.

Person therefore collecting genetic material must first ascertain whether the species is protected, in the case of animals and plants as all birds are protected. If the species is protected a licence will be required from English Nature or the CCW to derogate away from the protection afforded to the species in the 1981 Act.

Habitats Directive: The Habitats Directive, Council Directive 92/43/EEC, is transposed into national legislation via the Conservation (Natural Habitats, &c.) Regulations 1994. Certain animals listed in Annex IV(a) of the Habitats Directive are listed on Schedule 2 of the 1994 Regulations and it is an offence to deliberately capture, kill, take or disturb a European protected species or to damage or destroy a breeding or resting site of such an animal

For further information the EC Birds and Habitats Directives please see the Defra website at: http://www.defra.gov.uk/wildlife-countryside/ewd/ewd09.htm

International Trade in Endangered Species: The Convention on International Trade in Endangered Species (CITES) aims to protect certain species of plants and animals by regulating and monitoring international trade in them so that it does not become unsustainable. It is implemented within the UK and throughout the EU by the European Wildlife Trade Regulations - Council Reg. (EC) 338/97. Currently, the commercial transfer of samples for scientific analysis derived from specimens of CITES listed species is not exempt from the CITES controls. However, a Working Group has been established to look at exempting some types of samples from the provisions of the Convention.

For further information on the CITES controls, please visit the UK's CITES website http://www.ukcites.gov.uk

Regulation 9 of The Control of Trade in Endangered Species (Enforcement) Regulations 1997 also empowers police officers and ‘authorised persons’ (Defra Wildlife Inspectors) to require samples. These powers relate to specimens listed in the Annexes to Council Regulation No. 338/97, on the protection of species of wild fauna and flora by regulating trade therein. Again, samples from live birds or animals must be taken by a veterinary surgeon, and no lasting harm caused to the specimen.

Bonn Convention on Migratory Species

The Convention arose in 1972 from a recommendation by the United Nations, and entered into force in November 1983. There are currently 79 parties (as of 1 February 2002) to the Convention, including most countries in Europe as well as the European Union, many African states and a growing presence in South America, Asia and Oceania. The United Kingdom ratified the Convention in July 1985 and it entered into force on 1 October 1985.

The Bonn Convention aims to improve the status of all threatened migratory species through national action and international Agreements between range states of particular groups of species

Article II.1 The Parties acknowledge the importance of migratory species being conserved and of Range States agreeing to take action to this end whenever possible and appropriate, paying special attention to migratory species the conservation status of which is unfavourable, and taking individually or in co-operation appropriate and necessary steps to conserve such species and their habitat.

Article III: Parties that are Range States of a migratory species listed in Appendix I (endangered species) shall prohibit the taking of animals belonging to such species (with limited exceptions including for scientific purposes).

Article IV: Parties that are Range States of migratory species listed in Appendix II (those with an unfavourable conservation status) shall endeavour to conclude Agreements where these should benefit the species and should give priority to those species in an unfavourable conservation status.

A number of Article IV Agreements have been concluded as self standing international legal instruments (Agreement on the Conservation of Albatross and Petrel, Agreement on the Conservation of Cetaceans in the Back and Mediterranean Seas, African and Eurasian Waterbird Agreement, Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas and Agreement on the Conservation of Bats in Europe - further information on these and "soft law" Memoranda of Understanding under the Bonn Convention can be found on the Convention website, address below).

• www.unep-wcmc.org/
• http://www.defra.gov.uk/wildlife-countryside/gwd/exotic/cms.htm