2008 No. 302
ANIMALS
DANGEROUS WILD ANIMALS

The Dangerous Wild Animals Act 1976 (Modification) (Scotland) Order 2008

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 8(1) of the Dangerous Wild Animals Act 19761 and all other powers enabling them to do so.

In accordance with that section the Scottish Ministers are satisfied that the scope of that Act should be both extended so as to include animals of a kind not for the time being specified in the Schedule to that Act and diminished so as to exclude animals of a kind for the time being specified in that Schedule.

Citation, commencement and extent1.

(1)

This Order may be cited as the Dangerous Wild Animals Act 1976 (Modification) (Scotland) Order 2008 and comes into force on 1st October 2008.

(2)

This Order extends to Scotland only.

Modification2.

For the Schedule to the Dangerous Wild Animals Act 1976 substitute the Schedule set out in the Schedule to this Order.

Revocation3.

The Dangerous Wild Animals Act 1976 (Modification) Order 19842 is revoked.
RICHARD LOCHHEAD
A member of the Scottish Executive

St Andrew’s House,

Edinburgh

SCHEDULE

Article 2

“SCHEDULEKINDS OF DANGEROUS WILD ANIMALS

Section 7

NOTE: See section 7(5) of this Act for the effect of the second column of this Schedule

Scientific name

Common name

MAMMALS

Marsupials

Family Dasyuridae: the species Sarcophilus laniarius

Tasmanian devil

Family Macropodidae: the species Macropus fuliginosus, Macropus giganteus, Macropus robustus and Macropus rufus

Western grey kangaroo

Eastern grey kangaroo

Wallaroo

Red kangaroo

Primates

Family Cebidae: all species except those of the genera Aotus, Callicebus and Saimiri

New-world monkeys (including capuchin, howler, saki, uacari, spider and woolly monkeys)

Exceptions:

Night monkeys (also known as owl monkeys)

Titi

Squirrel monkeys

Family Cercopithecidae: all species

Old-world monkeys (including baboons, the drill, colobus monkeys, the gelada, guenons, langurs, leaf monkeys, macaques, the mandrill, mangabeys, the patas monkey, the proboscis monkey and the talapoin)

Family Hominidae: all species except those of the genus Homo

Anthropoid apes (including the chimpanzee, the bonobo, the orang-utan and gorillas)

Exception:

Man

Family Hylobatidae: all species

Gibbons

Siamangs

Family Indriidae: all species except those of the genus Avahi

Leaping lemurs (including the indri and sifakas)

Exceptions:

Woolly lemurs

Family Lemuridae: all species except those of the genus Hapalemur

Large lemurs

Exceptions:

Bamboo lemurs (also known as gentle lemurs)

Edentates

Family Dasypodidae: the species Priodontes maximus

Giant armadillo

Family Myrmecophagidae: the species Myrmecophaga tridactyla

Giant anteater

Carnivores

Family Canidae: all species except–

  1. (a)

    those of the genera Alopex, Cerdocyon, Dusicyon, Otocyon, Pseudalopex, Urocyon, Vulpes and Nyctereutes

  2. (b)

    Canis familiaris, other than the subspecies Canis familiaris dingo

Canids (including wild dogs, wolves, jackals, the maned wolf, the dhole, the bush dog, and the dingo) other than the excepted species

Exceptions:

  1. (a)

    foxes, culpeo, grey zorro, raccoon dogs

  2. (b)

    domestic dogs

Family Felidae: all species except–

  1. (a)

    Felis silvestris (including the subspecies Felis silvestris catus), Felis margarita, Felis nigripes, Otocolobus manul, Leopardus tigrinus, Leopardus geoffroyi (also known as Oncifelis geoffroyi), Leopardus guigna (also known as Oncifelis guigna), Catopuma badia (also known as Pardofelis badia) and Prionailurus rubiginosus

  2. (b)

    a hybrid descended exclusively from two or more of the species described in paragraph (a)

  3. (c)

    a hybrid of which–

    1. (i)

      one parent is Felis silvestris catus, and

    2. (ii)

      the other parent is a first generation hybrid of Felis silvestris catus and any species not described in paragraph (a)

  4. (d)

    a hybrid descended exclusively from hybrid cats as described in paragraph (c) (ignoring, for the purpose of determining exclusivity of descent, the parents and remoter ancestors of any hybrid within that paragraph)

  5. (e)

    a hybrid descended exclusively from Felis silvestris catus and any one or more hybrid cat as described in paragraph (c) (ignoring, for the purpose of determining exclusivity of descent, the parents and remoter ancestors of any hybrid within that paragraph)

Cats (including the bobcat, caracal, cheetah, jaguar, leopard, lion, lynx, ocelot, puma, serval and tiger) other than the excepted species

Exceptions:

  1. (a)

    The wild cat (including the domestic cat), the sand cat, the black-footed cat, the pallas cat (also known as the manul), the little spotted cat (also known as the oncilla or tiger cat), the Geoffroy’s cat, the kodkod (also known as the guina) the bay cat (also known as the Borneo cat), and the rusty-spotted cat

  2. (b)

    a cat descended exclusively from two or more of the species described in paragraph (a)

  3. (c)

    a cat of which one parent is a domestic cat and the other parent is a first generation hybrid of a domestic cat and a cat that is a dangerous wild animal

  4. (d)

    a cat descended exclusively from hybrid cats described in paragraph (c)

  5. (e)

    a cat descended exclusively from the domestic cat and hybrids cats described in paragraph (c)

Family Hyaenidae: all species except Proteles cristatus

Hyenas

Exception:

Aardwolf

Family Mustelidae:

  1. (a)

    all species of the genera Arctonyx, Melogale, Mydaus, Taxidea, Pteronura, Aonyx, Enhydra and Lontra

  2. (b)

    the genus Lutra except the species Lutra lutra

  3. (c)

    the species Eira barbara, Gulo gulo, Martes pennanti and Mellivora capensis

  1. (a)

    The hog badger, the ferret badger, the stink badger, the American badger, the giant otter, the African clawless otter, the oriental small-clawed otter, the sea otter, the river otters, and the marine otter

  2. (b)

    the hairy-nosed otter

  3. (c)

    the tayra, the wolverine, the fisher (also known as the peken or fisher cat) and the honey badger

Exception:

European otter

Family Ursidae: all species, including the species Ailuropoda melanoleuca and Ailurus fulgens

Bears (including the giant panda and the red panda)

Family Viverridae:

  1. (a)

    all species of the genera Civettictis and Viverra

  2. (b)

    the species Cryptoprocta ferox

  1. (a)

    Civets (including the African civet, the large-spotted civets, the Malayan civet and the Indian civets)

  2. (b)

    the fossa

Pinnipedes

Family Odobenidae: all species

Walrus

Family Otariidae: all species

Eared seals

Family Phocidae: all species except Phoca vitulina and Halichoerus grypus

True seals (also known as earless seals) other than the excepted species

Exceptions:

Common seal (also known as the harbour seal)

Grey seal

Elephants

Family Elephantidae: all species

Elephants

Aardvark

Family Orycteropodidae: the species Orycteropus afer

Aardvark

Odd-toed ungulates

Family Equidae: all species except Equus asinus and Equus caballus

Horses

Wild asses

Zebras

Exceptions:

Donkey (also known as the ass)

Domestic horse

Family Rhinocerotidae: all species

Rhinoceroses

Family Tapiridae: all species

Tapirs

Even-toed ungulates

Family Antilocapridae: the species Antilocapra Americana

Pronghorn

Family Bovidae: all species except domestic forms of the genera Bos, Bubalus, Capra and Ovis

Antelopes, bison, buffalo, gazelles, goats and sheep

Exceptions:

Domestic cattle

Domestic buffalo

Domestic goats

Domestic sheep

Family Camelidae: all species of the genera Camelus

Camels

Family Cervidae: all species of the genera Alces and Rangifer except domestic forms of the species Rangifer tarandus

Moose (also known as the elk)

Caribou (also known as the reindeer)

Exception:

Domestic reindeer

Family Giraffidae: all species

Giraffe

Okapi

Family Hippopotamidae: all species

Hippopotamus

Pygmy hippopotamus

Family Suidae: all species, except domestic forms of the species Sus scrofa other than farmed wild boar

Old-world pigs other than animals of the excepted kind

Exception:

Domestic pig, other than farmed wild boar

Family Tayassuidae: all species

New-world pigs (also known as peccaries)

Hybrids

A hybrid of a mammal specified in the first column of this Schedule where one parent is, or both parents are, of a kind so specified, but not including an excepted hybrid of the family Felidae

A hybrid animal with a dangerous wild animal as a parent

Exception:

A cat hybrid that is not a dangerous wild animal

BIRDS

Cassowaries

Family Casuariidae: all species

Cassowaries

Ostrich

Family Struthionidae: all species

Ostrich

REPTILES

Crocodilians

Family Alligatoridae: all species

Alligators

Caimans

Family Crocodylidae: all species

Crocodiles

False gharial

Family Gavialidae: all species

Gharial (also known as the gavial)

Lizards and snakes

Family Atractaspididae: all species of the genera Atractaspis.

Burrowing asps (also known as mole vipers, or burrowing vipers)

Stiletto snakes

Family Colubridae:

  1. (a)

    all species of the genera Malpolon and Thelotornis

  2. (b)

    the species Dispholidus typus, Rhabdophis subminiatus, Rhabdophis tigrinus, Elapomorphus lemniscatus, Philodryas olfersii, Tachymenis peruviana, Xenodon severus

  1. (a)

    All rear-fanged venomous colubrid snakes of the specified genera (including montpellier snakes, the false cobra, and twig or bird snakes)

  2. (b)

    the boomslang, the red-necked keelback, the tiger keelback (also known as the yamakagashi or the Japanese tiger-snake), the Argentine black-headed snake, the South American green racer, the Peruvian racer (also known as the Peru slender snake), the Amazon false viper (also known as the false fer-de-lance)

Family Elapidae: all species

Front-fanged venomous snakes of the specified family (including cobras, coral snakes, kraits, mambas, whipsnakes, death adders and all other Australian poisonous snakes)

Family Hydrophiidae: all species

Sea snakes

Family Helodermatidae: all species

Gila monster

Mexican beaded lizard

Family Viperidae: all species

Front-fanged venomous snakes of the specified family (including adders, the barba amarilla, the bushmaster, the fer-de-lance, moccasins, rattlesnakes and vipers)

INVERTEBRATES

Spiders

Family Ctenidae: all species of the genus Phoneutria

Wandering spiders

Family Hexathelidae: all species of the genus Atrax

Sydney funnel-web spider and its close relatives

Family Sicariidae: all species of the genus Loxosceles

Brown recluse spiders (also known as violin spiders)

Family Theridiidae: all species of the genus Latrodectus

Widow spiders and close relatives

Scorpions

Family Buthidae: all species

Buthid scorpions

Family Hemioscorpiidae: the species Hemiscorpius lepturus

Middle Eastern thin-tailed scorpion.”

(This note is not part of the Order)

This Order substitutes a new Schedule for the Schedule to the Dangerous Wild Animals Act 1976 (“the Act”), which specifies the kinds of animals to which the provisions of the Act apply. It is an offence under the Act to keep an animal listed in the Schedule without a licence from the local authority.

The Schedule to the Act has two columns. Section 7(5) of the Act has the effect that the common names listed in the second column are included by way of explanation only, and only the scientific names in the first column are to be taken into account in the event of any dispute or proceedings.

The Schedule to the Act was last modified by S.I. 1984/1111, and that instrument is therefore revoked by this Order.

This Order adds the following animals to the Schedule: the Argentine Black-headed snake, the Peruvian racer, the South American green racer, the Amazon false viper, the Middle Eastern thin tailed scorpion, and the dingo.

The provisions of the Act no longer apply to the following animals which were previously listed in the Schedule (as modified by S.I. 1984/1111):–

(a)

Certain smaller primates (woolly lemurs, tamarins, night monkeys, titi and squirrel monkeys);

(b)

Sloths;

(c)

North American porcupine and crested porcupines;

(d)

Capybara;

(e)

Cacomistles, racoons, coatis, olingoes, the little coatimundi and kinkajou;

(f)

Binturong;

(g)

Cat hybrids that are predominately domestic cat and certain smaller cats (wild cats, sand cats, black-footed cats, pallas cat, the little spotted cat, Geoffroy’s cat, the kodkod, the bay cat, and the rusty-spotted cat);

(h)

Hyraxes;

(i)

Guanaco and vicuna;

(j)

Emus;

(k)

Sand snakes and the mangrove snake; and

(l)

Brazilian wolf spiders.

This Order makes certain amendments to reflect taxonomical changes since 1984, for example pandas remain specified for the purposes of the Act, but are included as part of the bear family (family Ursidae).

This Order also clarifies that farmed wild boar, but not other domesticated pigs of the species Sus scrofa, are specified animals for the purposes of the Act.

A regulatory impact assessment has not been prepared for this Order as it is not expected to have any impact on the private or voluntary sectors.