(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.