The Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) (England) (Amendment) Regulations 2004

Amendment

2.  The Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) Regulations 1982(1) shall be amended as follows—

(a) in regulation 1(2) (interpretation), before the definition of “keeper”, insert the following definition ““CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora;”(2);

(b) in regulation 3 (registration), for paragraph (3) substitute—

“(3) The Secretary of State shall not register any bird unless he is satisfied that the bird has been ringed as required, or that the exception provided by paragraph (3) of regulation 5 applies.”;

(c) in regulation 4 (termination of registration)—

(i) paragraphs (1) and (1A) are omitted; and

(ii) in paragraph (2), for sub-paragraph (b) substitute—

“(b) when the ring obtained from the Secretary of State, or, as the case may be, the accepted CITES marking, is removed, or the writing or numbering on it, or the information stored in it, can no longer be read;”;

(d) in regulation 5 (ringing)—

(i) at the end of paragraph (1) add “unless the Secretary of State waives this requirement under paragraph (3)”; and

(ii) after paragraph (2) add the following paragraph—

“(3) In any case where the Secretary of State is satisfied that the bird is marked in accordance with the specimen marking requirements of European Regulations(3) implementing paragraph 7 of Article VI of CITES he may waive the requirement in paragraph (1). Where he does so, he shall provide the applicant with a certificate to such effect.”.

(1)

S.I. 1982/1221, amended by S.I. 1991/478 and S.I. 1994/1152.

(2)

Signed in Washington on 3 March 1973. The text of the Convention is set out in Cmnd 5459.

(3)

Council Regulation (EEC) 3626 of 1982 (O.J. No L384, 31.12.82, p.1), repealed and replaced by Council Regulation (EC) 338 of 1997 (O.J. No L61, 3.3.97, p.1), implemented by rules laid down in Commission Regulation (EC) 1808 of 2001 (O.J. No L250, 19.2.2001, p.1).