2008 No. 17

WILDLIFE
COUNTRYSIDE

The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2008

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721 and section 26A of the Wildlife and Countryside Act 19812 and all other powers enabling them to do so.

Citation, commencement and extent1

1

These Regulations may be cited as the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2008 and shall come into force on 25th February 2008.

2

These Regulations extend to Scotland only.

Amendment of the Conservation (Natural Habitats, &c.) Regulations 19942

1

The Conservation (Natural Habitats, &c.) Regulations 19943 are amended in accordance with paragraphs (2) to (4).

2

In regulation 39(12) (protection of certain wild animals)4 omit “Subject to paragraph (13),”.

3

Omit regulation 39(13).

4

In the entry for “Canis lupus” in the table in Schedule 2A (excluded populations of certain species)5, in the third column, before “Estonia” insert “Bulgaria,”.

MICHAEL RUSSELLAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, make further provision for the transposition of Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna (“the Habitats Directive”) (O.J. No. L 206, 22.7.1992, p.7). In so doing they amend the Conservation (Natural Habitats, &c.) Regulations 1994 (“the 1994 Regulations”).

Regulation 2(3) amends the 1994 Regulations by removing regulation 39(13) and regulation 2(2) makes a consequential amendment to regulation 39(12) of the 1994 Regulations. As a result the maximum term of imprisonment which can be imposed following summary conviction of an offence under regulation 39 of the 1994 Regulations in relation to a protected species listed in Annex IV(a) of the Habitats Directive is 6 months.

Regulation 2(4) adds the Bulgarian population of Grey Wolf (Canis lupus) to Schedule 2A of the 1994 Regulations (excluded populations of certain species). The effect is to extend the specific defence under regulation 39(9) available in respect of specimens of Grey Wolf from certain areas to the Bulgarian population of this species.