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

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

7.  For regulation 36 (prohibition of certain methods of taking or killing wild animals) substitute—

“Prohibition of certain methods of capturing or killing wild animals

36.— (1) This regulation applies in relation to the capturing or killing of a wild animal—

(a) of any of the species listed in Schedule 3 to these Regulations (which shows the species listed in Annex V(a) to the Habitats Directive, and to which Article 15 applies, whose natural range includes any area of Northern Ireland), or

(b) of a European protected species, where the capturing or killing of such animals is permitted in accordance with these Regulations.

(2) It is an offence to use for the purpose of capturing or killing any such wild animal—

(a) any of the means listed in paragraph (3) or (4),

(b) any form of capturing or killing from the modes of transport listed in paragraph (5), or

(c) any other means of capturing or killing which is indiscriminate and capable of causing the local disappearance of, or serious disturbance to, a population of any species of animal referred to in paragraph (1).

(3) The prohibited means of capturing or killing of mammals are—

(a) blind or mutilated animals used as live decoys;

(b) tape recorders;

(c) electrical and electronic devices capable of killing or stunning;

(d) artificial light sources;

(e) mirrors and other dazzling devices;

(f) devices for illuminating targets;

(g) sighting devices for night shooting comprising an electronic image magnifier or image converter;

(h) explosives;

(i) nets which are non-selective according to their principle or their conditions of use;

(j) traps which are non-selective according to their principle or their conditions of use;

(k) crossbows;

(l) poisons and poisoned or anaesthetic bait;

(m) gassing or smoking out; or

(n) semi-automatic or automatic weapons with a magazine capable of holding more than two rounds of ammunition.

(4) The prohibited means of capturing or killing fish are—

(a) poison; or

(b) explosives.

(5) The prohibited modes of transport are—

(a) aircraft; or

(b) moving motor vehicles.

(6) 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.”.