This Scottish Statutory Instrument has been made in consequence of a defect in S.S.I. 2012/174 and is being issued free of charge to all known recipients of that instrument.
2012 No. 206
Wildlife

The Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Amendment Order 2012

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred on them by sections 14(1)(a)(ii), (2D)(a) and (e) and 14ZC(1)(a) and (2)(a) of the Wildlife and Countryside Act 19811, and all other powers enabling them to do so.
In accordance with section 26(4A) of the Wildlife and Countryside Act 19812, they have consulted Scottish Natural Heritage and any other person appearing to them to have an interest in the making of the Order.

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Amendment Order 2012, and comes into force on 2nd July 2012.

(2)

In this Order, “the 1981 Act” means the Wildlife and Countryside Act 1981.

Amendment of the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 20122.

(1)

The Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 20123 is amended in accordance with the following paragraphs.

(2)

In articles 2 and 3, for “Latin” substitute “Scientific”.

(3)

For Parts 1 and 2 of Schedule 1, substitute Parts 1 and 2 which are set out in the Schedule to this Order.

RICHARD LOCHHEAD
A member of the Scottish Executive

St Andrew’s House,

Edinburgh

SCHEDULE

Article 2(3)

“PART 1Types of animals specified for the purposes of section 14(1)(a)(ii) of the 1981 Act (types of animal which it is an offence for a person to release or allow to escape from captivity)

Common name

Column (1)

Scientific name

Column (2)

Extent

Column (3)

Deer

All species of the genus Cervus

Outer Hebrides and the islands of Arran (including Holy Island), Islay, Jura and Rum

PART 2Types of invasive animals specified for the purposes of section 14ZC(1)(a) of the 1981 Act (types of animal which it is an offence for a person to keep, have in their possession or have under their control)

Common name

Column (1)

Scientific name

Column (2)

Asp

Aspius aspius

Barbel

species of the genus Barbus (excluding Barbus barbus)

Bass (excluding sea bass, Dicentrarchus labrax)

Micropterus salmoides; Micropterus dolomieu; Ambloplites rupestris; and species of the genus Morone

Bighead carp

Hypophthalmichthys nobilis

Bitterling

Rhodeus sericeus/Rhodeus amarus

Blacknose dace

Rhinichthys atratulus

Blageon

Telestes souffia

Blue bream

Ballerus ballerus

Blue sucker

Cycleptus elongatus

Burbot

Lota lota

Catfish

species of the genera Ictalurus, Ameiurus and Silurus

Charr

species of the genus Salvelinus (excluding Salvelinus alpinus)

Chinese black or snail-eating carp

Mylopharyngodon piceus

Chinese sucker (also known as Zebra hi fin, banded shark/sucker)

Myxocyprinus asiaticus

Common white sucker

Catostomus commersonii

Coypu

Myocastor coypus

Crayfish

freshwater decapod crustacean of the Families Astacidae, Cambaridae or Parastacidae, (excluding Austropotamobius pallipes)

Danubian bleak

Alburnus chalcoides

Danubian salmon & Taimen

species of the genus Hucho

Eastern mudminnow

Umbra pygmaea

European mudminnow

Umbra krameri

Fathead minnow (or Roseyreds)

Pimephales promelas

Freshwater minnow, Dragon fish or Pale chub

Zacco platypus

Grass carp

Ctenopharyngodon idella

Grey squirrel

Sciurus carolinensis

Landlocked salmon

non anadromous varieties of the species Salmo salar

Marbled trout

Salmo marmoratus

Mink

Mustela vison

Muntjac

Species of genus Muntiacus

Muskrat

Ondatra zibethica

Nase

Chondrostoma nasus

Northern redbelly dace

Chrosomus eos

Pacific salmon and trout

species of the genus Oncorhynchus (excluding Oncorhynchus mykiss

Paddlefish

species of the genera Polyodon and Psephurus

Perch

species of the genus Perca (excluding Perca fluviatilis)

Pike

species of the genus Esox (excluding Esox lucius)

Pikeperch

Sanderlucioperca

Rabbit (excluding European rabbit)

species of the genera Bunolagus, Brachylagus, Nesolagus, Pentalagus, Poelagus, Romerolagus and Sylvilagus

Red shiner

Cyprinella lutrensis

Ruffe

Gymnocephalus cernua

Schneider

Alburnoides bipunctatus

Silver carp

Hypophthalmichthys molitrix

Snakehead

species of the genus Channa

Southern redbelly dace

Chrosomus erythrogaster

Sturgeon or sterlet

species of the genera Acipenser, Huso, Pseudoscaphirhynchus and Scaphirhynchus

Sunbleak (Sundace), also known as Belica or Motherless minnow

Leucaspius delineatus

Sunfish, including pumpkinseed (also Basses, Crappies & Bluegills)

species of the genus Lepomis

Topmouth gudgeon

Pseudorasbora parva

Toxostome (or French nase)

Parachondrostoma toxostoma

Vimba

Vimba vimba

Weatherfish

Misgurnus fossilis

Whitefish

species of the genus Coregonus (excluding Coregonus lavaretus and Coregonus albula)”

EXPLANATORY NOTE
(This note is not part of the Order)

This Order amends the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012 (“the 2012 Order”) which makes provision about the release of certain animals, the keeping of invasive animals and notification requirements in relation to the presence of invasive animals under the Wildlife and Countryside Act 1981 (“the 1981 Act”) as amended by the Wildlife and Natural Environment (Scotland) Act 2011.

Article 2(2) of this Order amends articles 2 and 3 of the 2012 Order so as to refer to “Scientific name” instead of “Latin name”.

Article 2(3) of, and the Schedule to, this Order substitutes new Parts 1 and 2 into Schedule 1 to the 2012 Order. The newly substituted Part 1 amends the entry in relation to Deer so as to correctly refer to the island of Arran. In the newly substituted Part 2, a number of the entries in the table have been amended so as to correctly refer to the current nomenclature for these species. The headings in column (2) of the table in Parts 1 and 2 of Schedule 1 have also been amended to refer to “Scientific name” instead of “Latin name”.