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date: Fri, 21 Sep 2007 07:31:59 -0700,
group: uk.rec.natural-history
back
Legal protection of red squirrels
Can anybody outline the maximum penalties for killing, injuring, etc a
red squirrel for me, please? I'd be even more grateful if you could
state the relevant legislation - as in "Wildlife & Countryside Act
1981, Section N.1.I.i" or whatever it happens to be. Sorry for the
detailed nature of the request but I want to make a point quite
forcefully so I need to be sure of my facts.
G
date: Fri, 21 Sep 2007 07:31:59 -0700
author: Gwyddno
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Re: Legal protection of red squirrels
"Gwyddno" wrote in message
news:1190385119.507520.215580@w3g2000hsg.googlegroups.com...
> Can anybody outline the maximum penalties for killing, injuring, etc a
> red squirrel for me, please? I'd be even more grateful if you could
> state the relevant legislation - as in "Wildlife & Countryside Act
> 1981, Section N.1.I.i" or whatever it happens to be. Sorry for the
> detailed nature of the request but I want to make a point quite
> forcefully so I need to be sure of my facts.
>
> G
Disclaimer. The information given here is just a guide and as I don't know the exact
circumstances you should look at the act yourself as there are various exceptions and
Schedules.
Part 1 Section 9 (1) Subject to the provisions of ths Part, if any person
intentionally kills, injures or takes any wild anumal included in Schedule 5, he
shall be guilty of an offence.
Part 1 Section 9(2) Subject to the provisions of this Part, if any person has in his
possession or control any living or dead wild animal included in Schedule 5 or any
part of, or anything derived from, such an animal, he shall be guilty of an offence.
Red Squirrel is listed on Schedule 5 (Animals which are protected).
The breach of protected species legislation can often give rise to a criminal
offence. The Countryside and Rights of Way Act increased the penalties for offences
under the Wildlife and Countryside Act relating to protected species to a maximum
fine of £5,000 (per individual, per egg) and/or a custodial sentence of up to six
months.
HTH
Liz
date: Fri, 21 Sep 2007 16:34:02 +0100
author: Liz
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Re: Legal protection of red squirrels
In article ,
Gwyddno writes
>Can anybody outline the maximum penalties for killing, injuring, etc a
>red squirrel for me, please? I'd be even more grateful if you could
>state the relevant legislation - as in "Wildlife & Countryside Act
>1981, Section N.1.I.i" or whatever it happens to be. Sorry for the
>detailed nature of the request but I want to make a point quite
>forcefully so I need to be sure of my facts.
>
"Legal protection for the red squirrel
The red squirrel is included in Schedules 5 and
6 of the Wildlife & Countryside Act 1981
(WCA) (The Wildlife & Countryside (Northern
Ireland) Order 1985), which means that it is a
protected species. This legislation has
subsequently been amended, most recently by
the Countryside & Rights of Way Act 2000
(CRoW) for England and Wales. (In Scotland
the Nature Conservation (Scotland) Act 2004,
applies, which has not yet been incorporated
into this advice note. Please refer to this
legislation for details of red squirrel protection
in Scotland). The inclusion of the species in
Schedule 5 means that, under Section 9 of the
WCA and Article 10 of the W(NI) Order it is an
offence to:
⢠Intentionally kill, injure or take (capture) a
red squirrel [S9(1)]
⢠Intentionally or recklessly damage or
destroy any structure or place a red squirrel
uses for shelter or protection or disturb a red
squirrel while it is occupying such a place
[S9(4)]
⢠Possess a dead or live wild red squirrel, or
any part of a red squirrel, unless you can
show that the animal was taken legally.
[S9(2)]
⢠Sell, or offer for sale, a wild red squirrel or
any part of a wild red squirrel.
Under Section 11 of the Act, it is also illegal to:
⢠Set in place a trap, snare, electrical device
for killing or stunning or any poisonous,
poisoned or stupefying substance; use a
decoy, gas or smoke, bows or cross-bows,
explosives, automatic weapons or
mechanically propelled vehicles which are
of such a nature and so placed as to be
calculated to cause bodily injury to a red
squirrel.
Section 18 of the Act makes it clear that
attempting to commit an offence is, legally, the
same as committing the offence.
The above is extracted from:
http://www.jncc.gov.uk/PDF/rs_law_ewn.pdf
which also gives details of possible defences against prosecution.
--
Malcolm
date: Sat, 22 Sep 2007 11:48:14 +0100
author: Malcolm
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