- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
45.—(1) This regulation applies in relation to the capturing or killing of a wild animal—
(a)of any of the species listed in Schedule 4 (which lists those species listed in Annex V(a) to the Habitats Directive, and to which Article 15 of that Directive applies, which have a natural range which includes any area of Great Britain); 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 listed in Schedule 4 or any European protected species of animal.
(3) The prohibited means of capturing or killing mammals are—
(a)the use of blind or mutilated animals 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; and
(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; and
(b)explosives.
(5) The prohibited modes of transport are—
(a)aircraft; and
(b)moving motor vehicles.
(6) A person guilty of an offence under this regulation is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine, or to both.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: