1996 No. 2684

ANIMALS

The Endangered Species (Import and Export) Act 1976 (Amendment) Regulations 1996

Made

Laid before Parliament

Coming into force

Regulations 1 to 6

Regulation 7

The Secretary of State, in exercise of the powers conferred on him by section 2(2) of the European Communities Act 19721, being the Minister designated2 for the purposes of that subsection in relation to the regulation and control, in the interests of conservation, of the import, export, landing, keeping, transportation and commercial display of, and trade in and disposal of, fauna and flora (including their parts and derivatives), and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation, commencement and interpretation1

1

These Regulations may be cited as the Endangered Species (Import and Export) Act 1976 (Amendment) Regulations 1996 and shall, except for regulation 7, come into force on 16th November 1996 immediately after the coming into force of articles 1 to 4 of the Endangered Species (Import and Export) Act 1976 (Amendment) Order 19963.

2

Regulation 7 shall come into force on 17th November 1996, immediately after the coming into force of article 5 of the Endangered Species (Import and Export) Act 1976 (Amendment) Order 1996.

3

In these Regulations “the Act” means the Endangered Species (Import and Export) Act 19764.

Amendment of Schedule 1 to the Act2

In Schedule 1 to the Act (Animals the importation and exportation of which are restricted)5 for all the words from “This Schedule applies” onwards there shall be substituted “This Schedule does not apply to any kind of animal.”.

Amendment of Schedule 2 to the Act3

In Schedule 2 to the Act (Plants the importation and exportation of which are restricted)6 for all the words from “This Schedule applies” onwards there shall be substituted “This Schedule does not apply to any kind of plant.”.

Amendment of Schedule 3 to the Act4

In Schedule 3 to the Act (Items the importation and exportation of which are restricted)7 for all the words from “This Schedule applies” onwards there shall be substituted “This Schedule does not apply to any item.”.

Amendment of Schedule 4 to the Act5

For Schedule 4 to the Act (Animals the sale etc. of which is restricted)8 there shall be substituted the Schedule set out in Schedule 1 to these Regulations.

Amendment of Schedule 5 to the Act6

For Schedule 5 to the Act (Plants the sale etc. of which is restricted)9 there shall be substituted the Schedule set out in Schedule 2 to these Regulations.

Revocation7

The Endangered Species (Import and Export) Act 1976 (Amendment) Order 1996 is hereby revoked.

Signed by the authority of the Secretary of State

James ClappisonParliamentary Secretary of StateDepartment of the Environment

SCHEDULE 1SCHEDULE SUBSTITUTED FOR SCHEDULE 4 TO THE ENDANGERED SPECIES (IMPORT AND EXPORT) ACT 1976

Regulation 5

SCHEDULE 4ANIMALS THE SALE ETC OF WHICH IS RESTRICTED

Section 4

This Schedule applies to the following kinds of animal, namely—

MAMMALS

1

Subject to paragraph 2, the kinds of mammals specified in the first column below—

Restricted kind

Common name

Carnivora

Vulpes velox hebes

Northern kit fox

Aonyx microdon

Cameroon clawless otter

Felis bengalensis bengalensis

Bengal tiger cat

Felis rubiginosa

Rusty-spotted cat

Felis rufa escuinapae

Mexican bobcat

Artiodactyla

Vicugna vicugna

Vicuna

Moschus moschiferus moschiferus

Himalayan musk deer

Antilocapra americana sonoriensis

Sonoran pronghorn

Rodentia

Pseudomys fumous

Smoky mouse

2

The species Aonyx microdon, Felis bengalensis bengalensis, Felis rubiginosa, Antilocapra americana sonoriensis, Moschus moschiferus moschiferus and Vicugna vicugna are specified in this Schedule only in relation to populations excluded from Appendix I of Annex A to Council Regulation (EEC) No. 3626/82 on the implementation in the Community of the Convention on International Trade in Endangered Species of wild fauna and flora, as amended by Commission Regulation (EEC) No. 558/95.

BIRDS

3

The kinds of birds specified in the first column below—

Restricted kind

Common name

Falconiformes

Cathartidae (except Gymnogyps californianus and Vultur gryphus)

New World vultures

REPTILES

4

Subject to paragraph 5, the kinds of reptiles specified in the first column below—

Restricted kind

Common name

Crocodylia

Crocodylus niloticus

Nile crocodile

Crocodylus porosus

Salt-water crocodile

Serpentes

Bolyeria spp (except B. multocarinata)

Round Island boas

Casarea spp (except C. dussumeri)

Keel-scaled boas

5

Crocodylus niloticus and Crocodylus porosus are specified in this Schedule only in relation to populations excluded from Appendix I of Annex A to Council Regulation (EEC) No. 3626/82 on the implementation in the Community of the Convention on International Trade in Endangered Species of wild fauna and flora, as amended by Commission Regulation (EEC) No. 558/95.

FISH

6

The kinds of fish specified in the first column below—

Restricted kind

Common name

Coregonus alpenae

Longjaw cisco

Stizostedion vitreum glaucum

Blue walleye

Note: The second column of this Schedule gives a common name or names, where available, and is included by way of guidance only; in the event of any dispute or proceedings, only the first column is to be taken into account.

SCHEDULE 2SCHEDULE SUBSTITUTED FOR SCHEDULE 5 TO THE ENDANGERED SPECIES (IMPORT AND EXPORT) ACT 1976

Regulation 6

SCHEDULE 5PLANTS THE SALE ETC. OF WHICH IS RESTRICTED

Section 4

Family

Kind

Araceae

Alocasia sanderana

Caryocaraceae

Caryocar costaricense

Caryophyllaceae

Gymnocarpus prewalskii Melandrium mongolicus Silene mongolica Stellaria palvinata

Gentianaceae

Prepusa hookeriana

Humiriaceae

Vantanea barbourii

Juglandaceae

Engelhardtia pterocarpa

Leguminosae

Ammopiptanthus mongolicum Cynometra hemitomophylla Platymiscium pleiostachyum Tachilgalia versicolor

Melastomataceae

Lavoisiera itambana

Meliaceae

Guarea longipetiola

Moraceae

Batocarpus costaricensis

Pinaceae

Abies nebrodensis

Podocarpaceae

Podocarpus costalis

Saxifragaceae (otherwise known as Grossulariaceae)

Ribes sardoum

Ulmaceae

Celtis aetnensis

Welwitschiaceae

Welwitschia bainesii

Zingiberaceae

Hedychium philippinense

(This note is not part of the Regulations)

These Regulations are made in consequence of Council Regulation 3626/82 on the implementation in the Community of the Convention on International Trade in Endangered Species of wild fauna and flora (OJNo. L 384, 31.12.1982, p.1; relevant amending instruments are OJNo. L 87, 31.3.88, p.67, OJNo. L 57, 15.3.95, p.l, OJNo. L 284, 28.11.95, p.3.) (“the EC CITES Regulation”). Their effect is to disapply the Endangered Species (Import and Export) Act 1976 (“the Act”) insofar as it has been superseded by the EC CITES Regulation.

Regulations 2 and 3 provide that Schedules 1 and 2 to the Act shall not apply to any kinds of animal or plant. Regulation 4 provides that Schedule 3 to the Act shall not apply to any item. The effect of these provisions is to disapply national import and export restrictions which duplicated restrictions made by the EC CITES Regulation.

Regulation 5, by substituting a new Schedule 4 to the Act (Schedule 4 to the Act specifies the kinds of animals the sale etc. of which is restricted), deletes from that Schedule a number of kinds of animal previously listed. The deletion disapplies national sales restrictions which duplicated restrictions made by the EC CITES Regulation. The new Schedule 4 lists those kinds of animal which were previously listed in that Schedule and on which national controls do not duplicate the EC CITES Regulation.

Regulation 6 deletes from Schedule 5 to the Act (which specifies the kinds of plant the sale etc. of which is restricted) the kinds of plant the sale of which is restricted under Article 6 of the EC CITES Regulation.

Regulation 7 revokes the Endangered Species (Import and Export) Act 1976 (Amendment) Order 1996 which is spent as a consequence of these Regulations.