The Conservation (Natural Habitats, etc.) (Amendment) Regulations (Northern Ireland) 2007

Amendments to the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

5.  For regulation 34 (protection of wild animals) substitute—

“Protection of wild animals

34.— (1) It is an offence—

(a) deliberately to capture, injure or kill a wild animal of a European protected species;

(b) deliberately to disturb such an animal—

(i ) while it is occupying a structure or place which it uses for shelter or protection;

(ii ) in such a way as to be likely to—

(a) affect the local distribution or abundance of the species to which it belongs, or

(b) impair its ability to breed or reproduce, or rear or care for its young;

(c) deliberately to take or destroy the eggs of such an animal;

(d) deliberately to obstruct access to a breeding site or resting place of such an animal; or

(e) to damage or destroy a breeding site or resting place of such an animal.

(2) It is an offence for any person—

(a) to have in his possession or control,

(b) to transport,

(c) to sell or exchange, or

(d) to offer for sale or exchange,

any live or dead animal which is taken from the wild and is of a species listed in Annex IV(a) to the Habitats Directive, or any part of, or anything derived from, such an animal.

(3) The offences in paragraphs (1) and (2) apply to all stages of the life of the animals to which they apply.

(4) Subject to paragraph (5), a person shall not be guilty of an offence under paragraph (2) if he shows that the animal or part of the animal in question, or the animal or part of the animal from which the part or the thing in question is derived, was lawfully taken from the wild.

(5) The defence in paragraph (4) does not apply—

(a) in respect of the offences in paragraph (2)(a) and (b) if—

(i ) the animal in question is an animal of a European protected species, or the part or thing in question is derived from such an animal, and

(ii ) the animal, part or thing in question was in the defendant’s possession, or transported by the defendant, for the purpose of sale or exchange;

(b) in respect of the offences in paragraph (2)(c) and (d) if the animal is an animal of a European protected species, or the part or thing in question is derived from such an animal.

(6) For the purposes of paragraph (4) an animal, or part of an animal, shall be treated as having been lawfully taken from the wild if—

(a) it was taken from the wild in the European territory of a member State to which the EC Treaty applies, without contravention of the law of that member State and before the implementation date; or

(b) it was taken from the wild elsewhere.

(7) Unless the contrary is shown, in any proceedings—

(a) for an offence under paragraph (1), the animal in question shall be presumed to have been a wild animal; and

(b) for an offence under paragraph (2)—

(i) the animal or part of the animal in question shall be presumed to have been taken from the wild;

(ii) the part or thing in question shall be presumed to be from an animal taken from the wild.

(8) In any proceedings for an offence under paragraph (1), where this paragraph applies the defendant shall not be taken deliberately to have done anything mentioned in sub-paragraph (a), (b) or (c) of that paragraph merely because—

(a) his actions had the result that he did the thing in question; and

(b) he intended those actions and knew that they might have that result.

(9) Paragraph (8) applies where the defendant shows that—

(a) the actions in question were for the purpose of, and in the course, of sea fishing;

(b) he did not intend those actions to have the result in question; and

(c) he had taken any steps that could reasonably be taken to ensure compliance with the requirements or conditions of any relevant Community instrument.

(10) In paragraph (9), “any relevant Community instrument” means any instrument relating to sea fisheries which—

(a) regulates such fishing for the purpose (whether or not the sole purpose) of minimising the extent to which it has a result of the kind referred to in paragraph (8) or the risk that it may have a result of that kind; and

(b) is adopted by any Community institution under—

(i) Article 37(2) of the EC Treaty; or

(ii) Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy(1) or under any instrument adopted thereunder.

(11) A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(12) In this regulation—

“the implementation date” means—

(a)

where the relevant State became a member State before 10th June 1994, the 10th June 1994; and

(b)

in any other case, the date on which the relevant State became a member State;

“relevant State” means the State in whose territory the animal, or part of it, was taken from the wild.”.

(1)

O.J. No. L358, 31.12.02, p.59.