Endangered Species (Import and Export) Act 1976

1976 CHAPTER 72

An Act to restrict the importation and exportation of certain animals, plants and items and to restrict certain transactions in respect of them or their derivatives; to confer on the Secretary of State power to restrict by order the places at which live animals may be imported; to restrict the movement after importation of certain live animals; and for connected purposes.

[22nd November 1976]

Whereas a Convention on International Trade in endangered Species of Wild Fauna and Flora (in this Act referred to as the Convention) was signed at Washington on 3rd March 1973, was presented to Parliament in November 1973 and came into force in the United Kingdom on 31st October 1976:

And whereas it is expedient to give effect in the United Kingdom to the restrictions on international trade contained in the Convention and to make certain other provisions in connection with the conservation of endangered animals and plants:

1 Restriction of importation and exportation of certain animals and plants. U.K.

(1) Subject to subsection (2) below, the importation and the exportation of the following things are hereby prohibited, namely—

(a) a live or dead animal of any of the kinds to which Schedule 1 to this Act for the time being applies;

(b) a live or dead plant of any of the kinds to which Schedule 2 to this Act for the time being applies;

(c) an item to which Schedule 3 to this Act for the time being applies.

(2) Subsection (1) above does not apply to the importation or exportation of anything under and in accordance with the terms of a licence issued by the Secretary of State.

(3) The Secretary of State shall submit any application for a licence under subsection (2) above to whichever one of the scientific authorities (as defined in section 2 below) he considers is the best able to advise him as to whether a licence should be issued in pursuance of the application and, if so, its terms; and, before he issues or declines to issue a licence in pursuance of the application, he shall allow the authority a reasonable time so to advise him.

[F1 (3A) Subsection (3) above shall not apply in relation to an application of any description if the scientific authority concerned has advised the Secretary of State as to whether licences should be issued in pursuance of applications of that description and, if so, their terms.

(3B) Where the Secretary of State is satisfied that the issue of a licence authorising the importation or exportation of any item which—

(a) is part of or derives from or is made wholly or partly from an animal of any of the kinds to which Schedule 1 or a plant of any of the kinds to which Schedule 2 to this Act for the time being applies; but

(b) is not an item to which Schedule 3 to this Act for the time being applies,

would facilitate the importation or exportation of that item, he may, if he considers it expedient to do so, issue such a licence.]

(4) A licence issued under subsection (2) [F2 or (3B)] above—

(a) may be, to any degree, general or specific,

[F3 (aa) may be issued either to all persons, to persons of a class or to a particular person;

(ab) may be subject to compliance with any specified conditions,]

(b) may be modified or revoked at any time by the Secretary of State, and

(c) subject to paragraph (b) above, shall be valid for [F4 such] period as is stated in the licence.

(5) The Secretary of State may charge for the issue of a licence under subsection (2) [F2 or (3B)] above such sum (if any) as is for the time being prescribed by order of the Secretary of State.

(6) A person who, for the purpose of obtaining, whether for himself or another, the issue of a licence under subsection (2) [F2 or (3B)] above,—

(a) makes a statement or representation which he knows to be false in a material particular,

(b) furnishes a document or information which he knows to be false in a material particular,

(c) recklessly makes a statement or representation which is false in a material particular, or

(d) recklessly furnishes a document or information which is false in a material particular,

shall be liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both.

(7) Where a licence is issued under subsection (2) [F2 or (3B)] above and, for the purpose of obtaining its issue, a person commits an offence under subsection (6) above, the licence shall be void.

(8) Where—

(a) any live or dead animal or plant, or

(b) an item to which Schedule 3 to this Act for the time being applies,

is being imported or exported or has been imported or brought to any place for the purpose of being exported, a person commissioned by the Commissioners of Customs and Excise or a person authorised by them may require any person possessing or having control of the animal, plant or item to furnish proof that its importation or exportation is or was not unlawful by virtue of this section; and if such proof is not furnished to the satisfaction of the said Commissioners the animal, plant or item shall be liable to forfeiture under [F5 the M1 Customs and Excise Management Act 1979].

[F6 (9) Where, in the case of a live animal or plant of any kind which is condemned or deemed to be condemned as forfeited, the Commissioners of Customs and Excise incur any expenses in connection with, or with a view to—

(a) its return to the wild; or

(b) its being kept at premises (whether within or outside the United Kingdom) which are suitable for the keeping of animals or plants of that kind,

those expenses may be recovered, as a debt due to the Crown, from the importer or intending exporter of the animal or plant or any person possessing or having control of it at the time of its seizure.

In this subsection expressions which are also used in the M2 Customs and Excise Management Act 1979 have the same meanings as in that Act.]

[F7 (10) Any person duly authorised in writing by the Secretary of State may, at any reasonable time and (if required to do so) upon producing evidence that he is so authorised, enter any premises where animals of any of the kinds to which Schedule 1 or plants of any of the kinds to which Schedule 2 to this Act for the time being applies are kept (whether temporarily or permanently) in order to ascertain whether any of the animals or plants kept there have been imported contrary to this section.

(11) Any person who wilfully obstructs a person acting under subsection (10) above shall be liable on summary conviction to a fine not exceeding][F8 level 3 on the standard scale.]

Textual Amendments

F1 S. 1(3A)(3B) inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 1(1)

F2 Words inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 1(2)

F3 S. 1(4)(aa)(ab) inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 1(3)

F4 Word substituted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 1(3)

F5 Words substituted by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), Sch. 4 para. 12

F6 S. 1(9) inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 2

F7 S. 1(10)(11) inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5) s. 15, Sch. 10 para. 3

F8 Words inserted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), art. 6

Marginal Citations

M1 1979 c. 2(40:1)

M2 1979 c. 2(40:1)

2 Scientific authorities. U.K.

(1) The Secretary of State may—

(a) establish any body or bodies, consisting in each case of such members as he may from time to time appoint;

(b) assign to any other body or bodies the duty referred to in subsection (4) below.

(2) Without prejudice to his power under subsection (1) above, the Secretary of State shall, as soon as practicable after this subsection comes into operation,—

(a) establish at least one body under paragraph (a) of subsection (1) above, or

(b) assign to at least one body, under paragraph (b) of that subsection, the duty referred to in subsection (4) below.

(3) A reference in this Act to a scientific authority is a reference to a body which is established under subsection (1) above or to which the duty there referred to is assigned under that subsection.

(4) It shall be the duty of a scientific authority to advise the Secretary of State on any question which he may refer to it, and on any question on which it considers it should offer its advice,—

(a) in connection with the administration of this Act;

(b) generally in connection with the importation and exportation of animals and plants of kinds which appear to him or, as the case may be, the authority to be, or to be likely to become, endangered as a result of international trade, and items derived wholly or partly from animals and plants of those kinds.

(5) In so far as it does not have power to do so apart from this subsection, any scientific authority may publish reports relating to the performance by it of its duty under subsection (4) above.

(6) Before appointing a person to be a member of a scientific authority established under subsection (1)(a) above, the Secretary of State shall consult such persons or bodies, or persons and bodies, as he thinks fit.

(7) The Secretary of State may, to such extent as may be approved by the Treasury, defray or contribute towards the expenses of any scientific authority established under subsection (1)(a) above; and any sums required by the Secretary of State for that purpose shall be paid out of money provided by Parliament.

3 Power to modify Schedules. U.K.

The Secretary of State may, after consulting any scientific authority or authorities, by order make such modifications in any of the Schedules to this Act as he considers necessary or desirable for any of the following purposes, namely—

(a) to give effect to any amendment to the Convention made in pursuance of its provisions;

(b) to give effect to the inclusion of anything in or the withdrawal of anything from Appendix III to the Convention (kinds of animals and plants the trade in which a party identifies as needing international control) at the instance of any party to the Convention;

(c) to promote the conservation [F9 in any area] of animals or plants of any kind which appears to the Secretary of State to be, or to be likely to become, endangered [F10 there] as a result of international trade;

(d) to remove any restriction which is for the time being imposed by virtue of this Act on the importation and exportation of animals or plants of any particular kind or of any particular items and which does not in the opinion of the Secretary of State promote such conservation as is referred to in paragraph (c) above;

[F11 (dd) to restrict the importation of animals or plants of any kind which appear to the Secretary of State to be unlikely to survive for any appreciable time if they are kept in the United Kingdom;]

(e) to facilitate the more effective or more convenient administration of any restriction which is for the time being imposed by virtue of this Act on the importation and exportation of animals or plants of any particular kind or of any particular items.

Textual Amendments

F9 Words inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 4(1)

F10 Word inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 4(1)

F11 S. 3(dd) inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 4(2)

4 Offence to sell etc. things imported contrary to section 1 or their derivatives. U.K.

(1) [F12 Subject to subsections (1B) and (2)] below, a person who sells, offers or exposes for sale, has in his possession [F13 or transports] for the purpose of sale, or displays to the public,—

(a) anything which has been imported contrary to section 1 above, or

(b) anything which is made wholly or partly from anything referred to in paragraph (a) above and which at the time of the alleged offence (though not necessarily at the time of importation) constitutes an item to which Schedule 3 to this Act for the time being applies,

shall be guilty of an offence; . . . F14 .

[F15 (1A) Subject to subsections (1B) and (2) below, a person who sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale—

(a) a live or dead animal of any of the kinds to which Schedule 4 of this Act for the time being applies or an egg or other immature stage of such an animal;

(b) a live or dead plant of any of the kinds to which Schedule 5 to this Act for the time being applies; or

(c) any part of or anything which derives from or is made wholly or partly from anything referred to in paragraph (a) or (b) above,

shall be guilty of an offence; but nothing in this subsection shall apply in relation to anything falling within subsection (1) above or anything which has been imported, or is a part of or derives from or is made wholly or partly from anything which has been imported, before the passing of the M3 Wildlife and Countryside Act 1981.

(1B) Subsections (1) and (1A) above do not apply to anything done under and in accordance with the terms of a licence issued by the Secretary of State; and subsections (4) to (7) of section 1 above shall apply in relation to a licence issued under this subsection as they apply in relation to a licence issued under subsection (2) of that section.

(1C) In the following provisions of this section “restricted article” means anything falling within subsection (1) or (1A) above.]

(2) A person shall not be guilty of an offence under subsection (1) [F16 or (1A)] above with respect to a restricted article if he proves to the satisfaction of the court—

(a) that at the time when it first came into his possession he made such enquiries (if any) as in the circumstances were reasonable in order to ascertain whether it was a restricted article, and

(b) that, at the time the alleged offence was committed, he had no reason to believe that it was a restricted article.

(3) Without prejudice to the generality of subsection (2)(a) above, a person shall be taken to have made such enquiries as are there mentioned if he produces to the court a certificate which was furnished by the person from whom the accused obtained possession of the restricted article (the supplier), which was signed by the supplier or by a person authorised by him, and which states that—

(a) the supplier made enquiries at the time the restricted article came into his possession in order to ascertain whether it was a restricted article, and

(b) the supplier had no reason to believe at the time he relinquished possession of the restricted article to the accused that the article was at that time a restricted article.

(4) A person who furnishes for the purposes of subsection (3) above a certificate which he knows to be false in a material particular, or recklessly furnishes for those purposes a certificate which is false in a material particular, shall be guilty of an offence.

(5) A person guilty of an offence under subsection (1) [F17 , (1A)] or (4) above shall be liable—

(a) on summary conviction, to a fine not exceeding £400;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

(6) In this section any reference to sale includes references to [F18 hire] barter and exchange.

(7) For the purposes of this section a restricted article is displayed to the public if it is displayed to the public generally or any section of it, and (in either case) whether in return for money or otherwise.

(8) For the purposes of any proceedings under [F19 section 50 or 170 of the M4 Customs and Excise Management Act 1979] (penalties for improper importation and evasion of restriction on importation) for an offence in connection with the importation of anything contrary to section 1 above, this section shall not be taken expressly to provide a penalty for that offence.

Textual Amendments

F12 Words substituted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 5(1)

F13 Words inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 5(1)

F14 Words repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 5(1)

F15 S. 4(1A)–(1C) inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 5(2)

F16 Words inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 5(3)

F17 Words inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 5(4)

F18 Word inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 5(5)

F19 Words substituted by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), Sch. 4 para. 12

Marginal Citations

M3 1981 c. 69(4:5)

M4 1979 c. 2(40:1)

5 Power to restrict places at which live animals may be imported. U.K.

(1) If it appears to the Secretary of State desirable to do so for the purpose of assisting the discovery of any importation contrary to section 1 above of any live animal of any of the kinds to which Schedule 1 to this Act for the time being applies, he may make an order under this section relating to any kind of animal.

(2) An order under this section may provide that (subject to such exceptions as may be specified in the order) it is prohibited to do such one or more of the following things as is (or are) specified in the order, that is to say—

(a) to import by sea any live animal of any kind to which the order is expressed to relate;

(b) to import any such animal by sea unless it is imported at a port or one of the ports specified in the order in relation to animals of that kind;

(c) to import any such animal by air;

(d) to import any such animal by air unless it is unloaded at an airport or one of the airports specified in the order in relation to animals of that kind;

(e) to import any such animal by land;

(f) to import any such animal by land unless it is brought across the boundary into Northern Ireland at a place or one of the places specified in the order in relation to animals of that kind.

(3) Any prohibition or restriction in any order under this section shall not apply to an animal which the Secretary of State authorises to be imported otherwise than in accordance with the order and which is imported in accordance with that authorisation.

(4) In subsection (2) above—

• “airport” means an aerodrome for the time being designated as a [F20 customs and excise airport as mentioned in section 21(7) of the M5 Customs and Excise Management Act 1979];

• “port” means any area for the time being appointed and named under [F20 section 19(1)] of that Act as a port for the purposes of customs and excise.

Textual Amendments

F20 Words substituted by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), Sch. 4 para. 12

Marginal Citations

M5 1979 c. 2(40:1)

6 Restriction of movement of certain live animals after importation. U.K.

(1) Where a licence under section 1(2) above has been issued or applied for in respect of the importation of a live animal of any of the kinds to which Schedule 1 to this Act for the time being applies and, after consulting one or more of the scientific authorities, the Secretary of State considers that it is desirable to do so, he may give a direction under this section in relation to the animal.

(2) Where a direction has been given under this section in relation to an animal, and has not been revoked by the Secretary of State, the animal shall, immediately after the relevant event, be taken to and subsequently kept at the specified premises until such time as the Secretary of State may require or permit the animal to be moved to other specified premises or revoke the direction.

(3) Where a direction has been given under this section in relation to an animal, and has not been revoked by the Secretary of State, any person who knows or ought to know that a direction has been so given and who—

(a) knowingly takes the animal, or knowingly permits it to be taken, at any time after the relevant event to premises which he knows or ought to know are not at the time of the taking the specified premises; or

(b) knowingly moves the animal, or knowingly permits it to be moved, at any time after the relevant event, the circumstances of the removal being that—

(i) it is made from premises which he knows or ought to know are at the time of the removal the specified premises, and

(ii) he knows or ought to know that the removal is made in the absence of, or otherwise than in accordance with any condition attached to, such a requirement or permission as is referred to in subsection (2) above; or

(c) knowingly keeps the animal at any time after the relevant event at premises which are occupied by him and which he knows or ought to know are not at the time of the keeping the specified premises,

shall be liable on summary conviction to a fine not exceeding [F21 level 5 on the standard scale].

(4) In this section “relevant event” means, in relation to an animal, whichever of the following occurs later:—

(a) the completion by the animal of any period of detention (whether in quarantine or otherwise) in accordance with any provision made by or under any enactment, being detention connected with the importation in respect of which the direction concerned was given;

(b) the departure of the animal from any premises connected with the importation in respect of which the direction concerned was given.

(5) In this section “specified premises” means, in relation to an animal, such premises as are for the time being (and in whatever manner) specified in relation to that animal by the Secretary of State for the purposes of this section.

(6) Proceedings for an offence under subsection (3) above may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.

(7) For the purposes of subsection (6) above—

(a) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and

(b) a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

(8) In the application of this Act to Scotland—

(a) subsections (6) and (7) above shall not apply;

(b) proceedings for an offence under subsection (3) above may be commenced at any time within six months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify a prosecution comes to his knowledge, or where such evidence is reported to him by the Secretary of State within six months after the date on which it came to the knowledge of the Secretary of State; but no such proceedings shall be commenced by virtue of this section more than three years after the commission of the offence;

(c) for the purposes of paragraph (b) above—

(i) a certificate purporting to be signed by or on behalf of the Lord Advocate or the Secretary of State, as the case may be, stating the date on which such evidence as aforesaid came to their knowledge shall be conclusive evidence of that fact; and

(ii) subsection (3) of section 331 of the M6 Criminal Procedure (Scotland) Act 1975 shall have effect as it has effect for the purposes of that section.

Textual Amendments

F21 Words inserted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46; (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6

Marginal Citations

M6 1975 c. 21(39:1)

7 Provisions supplementary to section 6. U.K.

(1) Before he specifies any premises for the purposes of section 6 above or revokes a direction given under that section, the Secretary of State shall consult one or more of the scientific authorities.

(2) The Secretary of State shall not specify any premises for those purposes unless they are such that in his opinion the animal in relation to which he proposes to give, or has given, a direction under section 6 above may suitably be kept there.

(3) Any person duly authorised in writing by the Secretary of State may, at any reasonable time and (if required to do so) upon producing evidence that he is so authorised, enter any premises which are for the time being specified in relation to any animal for the purposes of section 6 above for one or both of the following purposes:—

(a) in order to enable the Secretary of State to decide whether the premises remain such that in his opinion the animal may suitably be kept there;

(b) in order to ascertain whether the animal is being kept on the premises.

(4) Any person who wilfully obstructs a person acting under subsection (3) above shall be liable on summary conviction to a fine not exceeding [F22 level 5 on the standard scale].

Textual Amendments

F22 Words inserted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46; (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6

8 Offences by corporations. U.K.

Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In this section “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under public ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

9 Extension to British possessions etc. U.K.

(1) Her Majesty may by Order in Council direct that all or any of the provisions of this Act shall extend, subject to such exceptions, adaptations and modifications, if any, as may be specified in the Order, to any of the following countries, namely—

(a) any colony other than one for whose external relations a country other than the United Kingdom is responsible;

(b) any country outside Her Majesty’s dominions in which Her Majesty has jurisdiction in right of Her Majesty’s Government in the United Kingdom.

(2) Without prejudice to section 37 of the M7 Interpretation Act 1889 (which relates to the exercise of statutory powers between the passing and the commencement of an Act conferring them) an Order under subsection (1) above may be made so as to come into operation at any time before this Act comes into operation in the United Kingdom.

(3) An Order under this section may be varied or revoked by a subsequent Order thereunder.

Marginal Citations

M7 1889 c.63.

10 Financial provisions. U.K.

(1) There shall be paid out of money provided by Parliament—

(a) the expenses of any government department in respect of the administration of this Act;

(b) any increase attributable to this Act in the sums so payable under any other Act.

(2) Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

11 Orders. U.K.

(1) An order under any of the relevant provisions may be varied or revoked by a subsequent order under the provision concerned.

(2) The power conferred by each of the relevant provisions to make an order shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) In this section “the relevant provisions” means sections 1(5), 3 and 5 above.

12 Interpretation. U.K.

(1) For the purposes of this Act an individual of the family Hominidae (man) is not an animal.

(2) In this Act a reference to a dead animal of any particular kind includes a reference to the body of an animal of that kind—

(a) which is frozen, dried or preserved by chemicals, or

(b) which, although not complete (whether because it has been eviscerated or because it has had the whole of its inside removed and has been stuffed, or for any other reason), is substantially complete and externally substantially resembles the complete body of an animal of the kind concerned.

(3) In this Act a reference to a dead plant of any particular kind includes a reference to a plant of that kind—

(a) which is frozen, dried or preserved by chemicals, or

(b) which, although for any reason not complete, is substantially complete and externally substantially resembles a complete dead plant of the kind concerned.

(4) In this Act “enactment” includes an enactment of the Parliament of Northern Ireland or of the Northern Ireland Assembly and an Order in Council having the same effect as such an enactment.

(5) Except in so far as the context otherwise requires, a reference in this Act to any other enactment is a reference to that enactment as amended, and includes a reference to it as extended or applied, by or under any other enactment, including this Act.

13 Citation, commencement, repeals, extent, etc. U.K.

(1) This Act may be cited as the Endangered Species (Import and Export) Act 1976.

(2) In the application of this Act to Northern Ireland, for the references to the Secretary of State in sections [F23 1(2), to (4) and (10), 2(4), 4(1B)], 5(3), 6 and 7 and for the first reference to him in section 1(5) there shall be substituted references to the Department of Agriculture for Northern Ireland.

(3) Subject to subsection (4) below, this Act shall come into operation on such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be appointed in pursuance of this subsection for different provisions of this Act and for such different purposes of the same provision as may be specified in the order.

(4) Any provision of this Act not previously brought into operation, or not previously brought into operation for a particular purpose, shall come into operation or, as the case may be, shall come into operation for that purpose on the expiry of the period of 6 months beginning with the day on which this Act is passed.

(5) M8 The Importation of Plumage (Prohibition) Act 1921 and the M9 Animals (Restriction of Importation) Act 1964 are hereby repealed.

(6) In section 7 of the M10 Protection of Birds Act 1954 (restrictions on importation of certain wild birds and eggs) subsection (1) and paragraph (a) of subsection (2) are hereby repealed; and accordingly in paragraph (b) of subsection (2) for “such a licence as aforesaid” there shall be substituted “a licence granted under section ten of this Act” and the word “other” (wherever it occurs) is hereby repealed.

(7) This Act extends to Northern Ireland.

Textual Amendments

F23 Words substituted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 6

Modifications etc. (not altering text)

C1 Power of appointment conferred by s. 13(3) fully exercised: 3.2.1977 appointed by S.I. 1977/24 art. 2

C2 The text of s. 13(5)(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M8 1921 c. 16.

M9 1964 c. 61.

M10 1954 c. 30.

SCHEDULES

Section 1.]

[F24 SCHEDULE 1 U.K. Animals the Importation and Exportation of which are Restricted

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Schs. 1–3 substituted by S.I. 1982/1230 art. 5

Section 1.

SCHEDULE 2 U.K. Plants the Importation and Exportation of which are Restricted

This Schedule applies to the kinds of plant specified in the second column below [F25 , except that in relation to Araucaria araucana this Schedule applies only in relation to the population of Chile,]—

Textual Amendments

F25 Words in Sch. 2 inserted (15.11.1996) by S.I. 1996/2677, art. 3(a)

Family	Ki nd
F26 . . .	F26 . . .
F26 . . .	F26 . . .
	F26 . . .
F26 . . .	F26 . . .
Araucariaceae	Araucaria araucana
F26 . . .	F26 . . .
	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
	F26 . . .
	F26 . . .
	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
Compositae	Saussurea lappa
Cupressaceae	Fitzroya cupressoides
	Pilgerodendron uviferum
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
	F26 . . .
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F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
Nepenthaceae	Nepenthes rajah
F26 . . .	F26 . . .
F26 . . .	F26 . . .
	F26 . . .
	F26 . . .
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	F26 . . .
F26 . . .	F26 . . .
F26 . . .	Abies guatemalensis
	F26 . . .
F26 . . .	F26 . . .
	F26 . . .
	Podocarpus parlatorei
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
	F26 . . .
	F26 . . .
	F26 . . .
	Orothamnus zeyheri
	Protea odorata
	F26 . . .
Rubiaceae	Balmea stormae
F26 . . .	F26 . . .
	F26 . . .
	F26 . . .
F26 . . .	F26 . . .
	Sarracenia alabamensis alabamensis
	Sarracenia jonesii
	Sarracenia oreophila
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
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F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .

Textual Amendments

F26 Words in Sch. 2 repealed (15.11.1996) by S.I. 1996/2677, art. 3(b), Sch.

Section 1.

SCHEDULE 3 U.K. Items the Importation and Exportation of which are Restricted

Modifications etc. (not altering text)

C3 Sch. 3 excluded (15.11.1996 with effect as mentioned in art. 4 of the amending S.I.) by S.I. 1996/2677, art. 4

This Schedule applies to the following items, namely:—

1 The meat and offal of any animal of the order Cetacea (whales, porpoises and dolphins) and any flour or meal made from such meat and offal.

2 Whalebone (if unworked or simply prepared), and hair and waste of whalebone.

3 The fat and oil of any animal of the order Cetacea (whether or not refined or modified), and spermaceti wax and ambergris.

4 The extracts and juices of the meat of any animal of the order Cetacea.

5 (1) Leather treated with the oil, whether or not refined or modified, of any member of the order Cetacea (hereinafter referred to as “cetacean oil”).

(2) Any furskin, or any part of a furskin (including the head, tail or paw), treated with cetacean oil.

(3) Articles made wholly or partly from leather treated with cetacean oil, being articles of any of the following kinds, namely: saddlery and harness for animals; trunks, suit-cases and other similar articles for the use of travellers; handbags, briefcases, wallets, purses, toilet cases, tool cases, tobacco pouches, sheaths, and other similar containers; articles of clothing; footwear, gaiters and other similar articles (including parts thereof).

(4) Anything made wholly or partly from furskin, treated with cetacean oil.

6 The whole or any part of, or anything made wholly or partly from any tusk of any of the following animals, namely—

(a) any animal of the family Elephantidae (elephants)

(b) any animal of the family Suidae (pigs)

(c) any animal of the species Monodon monoceros (narwhal)

(d) any animal of the species Odobenus rosmarus (walrus)

and powder and waste of any tusk of any of the animals referred to in sub-paragraphs (a) to (d) of this paragraph.

7 The whole or any part of, or anything made wholly or partly therefrom, any tooth of any animal, and powder and waste of any tooth of any animal.

8 The whole or any part of the horns of any mammal to which Schedule 1 to this Act applies.

9 Any part of, or anything made wholly or partly from, any animal of the family Rhinocerotidae.

10 The stuffed head, or the skull (together with the skin covering it), of any mammal or reptile to which Schedule 1 to this Act applies.

11 (1) Any furskin, skin or hide of a defined animal, if raw, tanned or dressed.

(2) Any piece or cutting (including the head, tail and any paw) of any furskin, skin or hide of a defined animal.

(3) Any tanned or dressed furskin of a defined animal or defined animals which are assembled in plates, rectangles, crosses, trapeziums or otherwise.

(4) Anything made wholly or partly from the furskin of a defined animal (except where the furskin is trimming only).

(5) In this paragraph, defined animal means:

(a) any animal of the following families, namely—

• Felidae (cats) except Felis catus (domestic cat)

• Ursidae (bears);

(b) any animal of the following sub-families, namely—

• Hemigalinae (civets and palm civets)

• Lutrinae (otters)

• Paradoxurinae (palm civets)

• Viverrinae (linsangs, civets and genets);

(c) any animal of the genus Arctocephalus (fur seals);

(d) any animal of the following species, namely—

• Canis lupus (wolf)

• Colobus angolensis (Angolan colobus)

• Colobus guereza (guereza)

• Colobus polykomos (western black and white colobus, otherwise known as ursine colobus)

• Crocuta crocuta (spotted hyaena)

• [F27 Cystophora cristata (hooded seal)]

• Equus burchelli (Common or Burchell’s zebra)

• Equus grevyi (Grevy’s zebra)

• Equus zebra (mountain zebra)

• Hyaena brunnea (brown hyaena)

• Lama guanacoe (Guanaco)

• Mungos mungo (banded mongoose)

• [F27 Phoca (Pagophilus) groenlandica (harp seal)]

• Vicugna vicugna (vicuna)

Textual Amendments

F27 Words inserted by S.I. 1983/1609 art. 4 and S.I. 1985/1502 art. 2

12 (1) The whole or any part of any raw hide or skin (if fresh, salted, dried, pickled or limed and whether or not split) and the leather of any animal of the family Elephantidae (elephants) and sub-family Macropodinae (wallabies and kangaroos).

(2) Anything made wholly of partly from the hide, skin or leather of any animal of the family Elephantidae (elephants) and sub-family Macropodinae (wallabies and kangaroos).

13 The skin and scales of any animal of the family Manidae (pangolins).

14 (1) Hair, whether or not carded or combed, of any animal of the species Vicugna vicugna (vicuna).

(2) Yarn made wholly or partly of hair of any animal of the species Vicugna vicugna (vicuna).

(3) Fabric made wholly or partly of hair of any animal of the species Vicugna vicugna (vicuna) and any article made wholly or partly of any such fabric.

15 Musk derived from any animal of the genus Moschus (musk deer).

16 (1) The whole or any part of any raw hide or skin, (if fresh, salted, dried, pickled or limed and whether or not split) and the leather of any animal of the class Reptilia (reptiles).

(2) Anything made wholly or partly of the hide, skin or leather of any animal of the class Reptilia.

17 (1) The whole or any part of the bony shell and its covering scales, if unworked, simply prepared or polished, of any of the order Testudinata (turtles, tortoises and terrapins).

(2) Anything made wholly or partly from the bony shell, its covering scales and the claws, of any member of the family Cheloniidae (sea turtles).

18 (1) The meat and cartilage, including callipee and callipash, of any animal of the family Cheloniidae.

(2) Soup made from any animal of the family Cheloniidae.

19 Soup made from any animal of the species Chelydra serpentina (common snapping turtle).

20 (1) The whole shell of any animal of the species Papustyla pulcherrima, otherwise known as Papuina pulcherrima (green tree snail).

(2) The whole or any part of the skeleton of any animal of the order Antipatharia (black corals).

21 The casque (whether or not attached to the upper part of the bill) of any bird of the species Rhinoplax vigil (helmeted hornbill), or anything made wholly or partly therefrom.

22 (1) Plumage, that is to say, any feather or feathers, or any skin or any other part with any feathers on it, of any bird or birds, other than excepted plumage.

(2) In sub-paragraph (1) above, excepted plumage means:

(a) plumage which is that only of a bird of any of the following species, namely—

• Chrysolophus pictus (golden pheasant)

• Gallus gallus (red junglefowl and domestic fowl)

• Phasianus colchicus (common pheasant, otherwise known as ring-necked pheasant)

• Struthio camelus (ostrich);

(b) plumage which is that only of a bird of any domestic form of any of the following species, namely—

• Anas platyrhynchos (domestic duck)

• Anser anser (domestic goose)

• Anser cygnoides (Chinese goose)

• Cairina moschata (Muscovy duck)

• Columba livia (domestic pigeon)

• Meleagris gallopavo (turkey)

• Numida meleagris (Guineafowl);

(c) plumage which consists only of the down feathers of any adult female bird of the species Somateria mollissima (eider duck);

(d) plumage which consists only of the train feathers of any adult male bird of the species Pavo cristatus (Indian peacock);

(e) plumage none of which falls outside paragraphs (a) to (d) above.

23 Anything made wholly or partly of plumage (within the meaning of paragraph 23 above and subject to the exception there stated).

24 Any egg, whether whole or blown, of any bird other than

(a) a bird of any of the following species, namely—

• Coturnix japonica (Japanese quail)

• Gallus gallus (red junglefowl and domestic fowl)

(b) a bird of any domestic form of any of the following species, namely—

• Anas platyrhynchos (domestic duck)

• Anser anser (domestic goose)

• Anser cygnoides (Chinese goose)

• Cairina moschata (Muscovy duck)

• Meleagris gallopavo (turkey)

• Numida meliagris (Guineafowl).

25 The whole or any part of, or anything made wholly or partly from, the wings of any member of the following genera, namely—

OrnithopteraTrogonopteraTroides

Birdwing butterflies.

26 The stem of any plant of any of the families Cyatheaceae and Dicksoniaceae (tree ferns).

27 The roots of any plant of the species Panax quinquefolius, Saussurea lappa and Dioscorea deltoidea.

28 The wood of Araucaria araucana, Quercus copeyensis, Swietenia humilis, Basiloxylon excelsum and Guaiacum sanctum.

Note: In this Schedule, any common name which appears in brackets after a scientific name is included by way of guidance only; in the event of any dispute or proceedings, only the scientific name concerned is to be taken into account.

[F28 SCHEDULE 4 U.K. Animals the Sale etc. of Which is Restricted

Textual Amendments

F28 Sch. 4 inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 5(6), Pt. II

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

MAMMALS U.K.

1 The kinds of mammal specified in the first column below—

Marsupials U.K.

Kind	Common name
Bettongia	Rat kangaroo
Caloprymnus campestris	Desert rat-kangaroo
Lagorchestes hirsutus	Western hare-wallaby
Lagostrophus fasciatus	Banded hare-wallaby
Onychogalea fraenata	Bridle nail-tailed wallaby
Onychogalea lunata	Crescent nail-tailed wallaby
Lasiorhinus krefftii	Queensland hairy-nosed wombat
Chaeropus ecaudatus	Pig-footed bandicoot
Macrotis lagotis	Rabbit-bandicoot
Macrotis leucura	Lesser rabbit-bandicoot
Perameles bougainville	Western barred bandicoot
Sminthopsis longicaudata	Long-tailed dunnart
Sminthopsis psammophila	Sandhill dunnart
Thylacinus cynocephalus	Tasmanian wolf

Primates U.K.

Allocebus	Hairy-eared dwarf lemur
Cheirogaleus	Dwarf lemurs
Hapalemur	Gentle lemurs
Lemur	Lemurs
Lepilemur	Sportive and weasel lemurs
Microcebus	Mouse lemurs
Phaner	Fork-marked mouse lemurs
Avahi	Avahis (otherwise known as Woolly indris)
Indri	Indris
Propithecus	Sifakas
Daubentonia madagascariensis	Aye-aye
Callimico goeldii	Goeldi’s marmoset (otherwise known as Goeldi’s tamarin)
Callithrix aurita	White eared marmoset
Callithrix flaviceps	Buff-headed marmoset
Leontopithecus	Maned tamarin (otherwise known as Golden tamarin)
Saguinus bicolor	Pied tamarin
Saguinus geoffroyi	Geoffroy’s tamarin
Sanguinus leucopus	White-footed tamarin
Sanguinus oedipus	Cotton-headed tamarin
Alouatta palliata (otherwise known as Alouatta villosa)	Mantled howler
Ateles geoffroyi frontatus	Black-browed spider monkey
Atelus geoffroyi panamensis	Red spider monkey
Brachyteles arachnoides	Woolly spider monkey
Cacajao	Uakaris
Chiropetes albinasus	White-nosed saki
Saimiri oerstedii	Red-backed squirrel monkey
Cercocebus galeritus galeritus	Tana River mangabey
Cercopithecus diana	Diana monkey
Colobus badius kirkii	Kirk’s red colobus (otherwise known as Zanzibar red colobus)
Colobus badius rufomitratus	Tana River red colobus
Macaca silenus	Lion-tailed macaque
Nasalis larvatus	Proboscis monkey
Papio leucophaeus (otherwise known as Mandrillus leucophaeus)	Drill
Papio Sphinx (otherwise known as Mandrillus Sphinx)	Mandrill
Presbytis entellus	Langur (otherwise known as Entellus langur or True langur)
Presbytis geei	Golden langur
Presbytis pileatus	Caped langur
Presbytis potenziani	Mentawi leaf monkey
Pygathrix nemaeus	Douc langur
Rhinopithecus roxellanae	Snub-nosed langur
Simias concolor	Mentawi snub-nosed langur
Hylobates	Gibbons
Symphalangus syndactylus	Siamang
Pongidae	Great apes

Edentates U.K.

Priodontes giganteus (otherwise known as Priodontes maximus)	Giant armadillo

Pangolins U.K.

Manis temmincki	South African pangolin

Rabbits and hares U.K.

Caprolagus hispidus	Assam rabbit (otherwise known as Hispid hare)
Romerolagus diazi	Volcano rabbit

Rodents U.K.

Cynomys mexicanus	Mexican prairie marmot
Leporillus conditor	Australian sticknest rat
Pseudomys fumeus	Smoky mouse
Pseudomys praeconis	Shark Bay mouse
Xeromys myoides	False water rat
Zyzomys pendunculatus	Central thick-tailed rat
Chinchilla (except any domestic form of Chinchilla laniger)	Chinchilla

Cetaceans U.K.

Lipotes vexillifer	Chinese river dolphin
Physeter catodon (otherwise known as Physeter macrocephalus)	Sperm whale
Platanista gangetica	Ganges dolphin
Platanista minor	Indus river dolphin
Sotalia	Humpbacked dolphins
Sousa	Humpbacked dolphins
Neophocaena phocaenoides	Finless porpoise
Phocoena sinus	Cochito
Balaena mysticetus	Greenland right whale (otherwise known as Bowhead whale)
Balaenoptera borealis	Sei whale
Balaenoptera musculus	Blue whale
Balaenoptera physalus	Common rorqual
Eschrichtius	Grey whales
Eubalaena	Right whales
Megaptera novaeangliae	Humpback whale

Carnivores U.K.

Speothos venaticus	Bush dog
Vulpes velox hebes	Northern kit fox
Helarctos malayanus	Sun bear
Selenarctos thibetanus	Asiatic black bear
Tremarctos ornatus	Spectacled bear
Ursus arctos isabellinus	Brown bear
Ursus arctos nelsoni	Mexican brown bear
Ursus arctos pruinosus	Tibetan brown bear
Aonyx microdon	Cameroon clawless otter
Enhydra lutris nereis	Southern sea otter
Lutra felina	Marine otter
Lutra longicaudis	South American otter
Lutra lutra	Eurasian otter
Lutra provocax	Southern river otter
Mustela nigripes	Black-footed ferret
Pteronura brasiliensis	Giant otter
Prionodon pardicolor	Spotted linsang
Hyaena brunnea	Brown hyaena
Acinonyx jubatus	Cheetah
Felis bengalensis bengalensis	Leopard cat
Felis concolor coryi	Florida puma
Felis concolor costaricensis	Costa Rica puma
Felis concolor cougar	Eastern puma
Felis jacobita	Andean cat
Felis rufa escuinapae	Mexican bobcat
Felis marmorata	Marbled cat
Felis nigripes	Black-footed cat
Felis pardalis mearnsi	Costa Rica ocelot
Felis pardalis mitis	Brazilian ocelot
Felis planiceps	Flat-headed cat
Felis rubiginosa	Rusty spotted cat
Felis temmincki	Asiatic golden cat
Felis tigrina oncilla	Little spotted cat
Felis wiedii nicaraguae	Nicaraguan margay
Felis wiedii salvinia	Guatemalan margay
Felis yagouaroundi cacomitli	Jaguarundi
Felis yagouaroundi fossata	Jaguarundi
Felis yagouaroundi panamensis	Jaguarundi
Felis yagouaroundi tolteca	Jaguarundi
Neofelis nebulosa	Clouded leopard
Panthera leo persica	Asiatic lion
Panthera onca	Jaguar
Panthera pardus	Leopard
Panthera tigris	Tiger
Panthera uncia	Snow leopard

Seals U.K.

Arctocephalus townsendi	Guadelupe fur seal
Monachus	Monk seals

Elephants U.K.

Elephas maximus	Asian elephant

Sea-cows U.K.

Dugong dugon	Dugong (otherwise known as Sea-cow)
Trichechus inunguis	Amazonian manatee
Trichechus manatus	West Indian manatee

Odd-toed ungulates U.K.

Equus grevyi	Grevy’s zebra
Equus hemionus hemionus	Mongolian wild ass
Equus hemionus khur	Indian wild ass
Equus przewalskii	Przewalski’s horse
Equus zebra zebra	Cape mountain zebra
Tapirus bairdii	Central American tapir
Tapirus indicus	Malayan tapir (otherwise known as Indian tapir)
Tapirus pinchaque	Mountain tapir (otherwise known as Woolly tapir)
Rhinocerotidae	Rhinoceroses

Even-toed ungulates U.K.

Babyrousa babyrussa	Babirusa
Sus salvanius	Pygmy hog
Vicugna vicugna	Vicugna
Axis calamianensis	Calamian deer
Axis kuhli	Bawean deer
Axis porcinus annamiticus	Thai hog deer
Blastocerus dichotomus	Marsh deer
Cervus duvauceli	Swamp deer
Cervus elaphus hanglu	Kashmir stag (otherwise known as Hanglu)
Cervus eldi	Brown-antlered deer
Dama mesopotamica	Persian fallow deer
Hippocamelus antisiensis	Peruvian huemal
Hippocamelus bisulcus	Chilean huemal
Moschus moschiferus moschiferus	Himalayan musk deer
Ozoteceros bezoarticus	Pampas deer
Pudu pudu	Chilean pudu
Antilocapra americana peninsularis	Lower California pronghorn
Antilocapra americana sonoriensis	Sonoran pronghorn
Bison bison athabascae	Wood bison
Bos gaurus	Gaur
Bos mutus	Wild yak
Bubalus depressicornis	Lowland anoa
Bubalus mindorensis	Tamaraw
Bubalus quarlesi	Mountain anoa
Capra falconeri chiltanensis	Markhor
Capra falconeri jerdoni	Markhor
Capra falconeri megaceros	Markhor
Capricornis sumatraensis	Serow
Hippotragus niger variani	Giant sable antelope
Nemorhaedus goral	Goral
Novibos sauveli	Koupray
Oryx leucoryx	Arabian oryx
Ovis ammon hodgsoni	Great Tibetan sheep
Ovis orientalis ophion	Cyprian mouflon
Ovis vignei	Urial
Pantholops hodgsoni	Tibetan antelope
Rupicapra rupicapra ornata	Abrussi chamois

BIRDS U.K.

2 The kinds of bird specified in the first column below—

Rheas U.K.

Pterocnemia pennata	Lesser rhea

Tinamous U.K.

Tinamus solitarius	Solitary tinamou

Penguins U.K.

Spheniscus humboldti	Humboldt penguin

Grebes U.K.

Podilymbus gigas	Atitlan grebe

Albatrosses U.K.

Diomedea albatrus	Short-tailed albatross

Pelican-like birds U.K.

Sula abbotti	Abbot’s booby
Fregata andrewsi	Christmas Island frigatebird

Storks U.K.

Ciconia ciconia boyciana	Japanese white stork
Geronticus eremita	Bald ibis
Nipponia nippon	Japanese crested ibis

Waterfowl U.K.

Anas aucklandica nesiotis	Campbell Island Flightless teal
Anas laysanensis	Laysan duck
Anas oustaleti	Marianas Island duck (otherwise known as Marianas Mallard)
Branta canadensis leucopareia	Aleutian Canada goose
Branta sandvicensis	Hawaiian goose (otherwise known as Nene)
Cairina scutulata	White-winged wood duck
Rhodonessa caryophyllacea	Pink-headed duck

Diurnal Birds of Prey U.K.

Cathartidae	New world vultures
Pandion haliaetus	Osprey
Accipitridae	True hawks
Sagittarius serpentarius	Secretary bird
Falconidae	Falcons

Gamebirds U.K.

Aburria jacutinga	Black-fronted curassow (otherwise known as Black-fronted guan)
Aburria pipile	White-headed curassow (otherwise known as Piping guan)
Catreus wallichii	Cheer pheasant
Colinus virginianus ridgwayi	Masked bobwhite
Crax blumenbachii	Red-billed curassow
Crax mitu	Razor-billed curassow
Crossoptilon crossoptilon	White Eared-pheasant
Crossoptilon mantchuricum	Brown Eared-pheasant
Lophophorus impejanus	Himalayan monal
Lophophorus ihuysii	Chinese monal
Lophophorus sclateri	Sclater’s monal
Lophura edwardsi	Edward’s pheasant
Lophura imperialis	Imperial pheasant
Lophura swinhoei	Swinhoe’s pheasant
Macrocephalon maleo	Maleo Fowl
Oreophasis derbianus	Horned guan
Penelope albipennis	White-winged guan
Polyplectron emphanum	Palawan peacock pheasant
Syrmaticus ellioti	Elliot’s pheasant
Syrmaticus humiae	Hume’s pheasant (otherwise known as Bartailed pheasant)
Syrmaticus mikado	Mikado pheasant
Tetraogallus caspius	Caspian snowcock
Tetraogallus tibetanus	Tibetan snowcock
Tragopan blythii	Blyth’s tragopan
Tragopan caboti	Cabot’s tragopan
Tragopan melanocephalus	Western tragopan
Tympanuchus cupido attwateri	Attwater’s prairie chicken

Cranes and rails U.K.

Grus americana	Whooping crane
Grus canadensis nesiotes	Cuban sandhill crane
Grus canadensis pulla	Mississippi sandhill crane
Grus japonensis	Manchurian crane (otherwise known as Japanese crane)
Grus leucogeranus	Siberian White crane
Grus monacha	Hooded crane
Grus nigricollis	Black-necked crane
Grus vipio	White-necked crane (otherwise known as White-naped crane)
Tricholimnas sylvestris	Lord Howe wood-rail
Rhynochetos jubatus	Kagu
Chlamydotis undulata	Houbara bustard
Choriotis nigriceps (otherwise known as Ardeotis nigriceps)	Great Indian bustard
Eupodotis bengalensis	Bengal florican

Waders and Gulls U.K.

Numenius borealis	Eskimo curlew
Tringa guttifer	Spotted greenshank (otherwise known as Nordmann’s greenshank)
Larus relictus	Relict gull

Pigeons and doves U.K.

Caloenas nicobarica	Nicobar pigeon
Ducula mindorensis	Mindoro imperial pigeon

Parrots U.K.

Amazona arausiaca	Red-necked parrot (otherwise known as Red-necked amazon)
Amazona barbadensis	Yellow-shouldered parrot (otherwise known as Yellow-shouldered amazon)
Amazona brasiliensis	Red-tailed parrot (otherwise known as Red-tailed amazon)
Amazona guildingii	St. Vincent parrot (otherwise known as St. Vincent amazon)
Amazona imperialis	Imperial parrot (otherwise known as Imperial amazon)
Amazona leucocephala	Cuban parrot (otherwise known as Cuban amazon)
Amazona pretrei	Red-spectacled parrot (otherwise known as Red-spectacled amazon)
Amazona rhodocorytha (otherwise known as Amazona dufresniana rhodocorytha)	Red-crowned parrot (otherwise known as Red-crowned amazon)
Amazona versicolor	St Lucia parrot (otherwise known as St Lucia amazon)
Amazona vinacea	Vinaceous parrot (otherwise known as Vinaceous amazon)
Amazona vittata	Puerto Rico parrot (otherwise known as Puerto Rican amazon)
Anodorhynchus glaucus	Glaucous macaw
Anodorhynchus leari	Lear’s macaw
Aratinga guaruba	Golden parakeet (otherwise known as Golden conure)
Cyanopsitta spixii	Spix’s macaw
Cyanoramphus auriceps forbesi	Forbes’ parakeet
Cyanoramphus novaezelandiae	Red-fronted parakeet
Cyclopsitta diophthalma coxeni (otherwise known as Opopsitta diophthalma coxeni)	Coxen’s fig parrot
Geopsittacus occidentalis	Australian night parrot
Neophema chrysogaster	Orange-bellied parakeet (otherwise known as Orange-bellied parrot)
Pezoporus wallicus	Ground parrot
Pionopsitta pileata	Red-capped parrot (otherwise known as Pileated parrot)
Psephotus chrysopterygius	Golden-shouldered parakeet (otherwise known as Golden-shouldered parrot or Hooded parakeet)
Psephotus pulcherrimus	Paradise parrot
Psittacula echo (otherwise known as Psittacula krameri echo)	Mauritius parakeet (otherwise known as Mauritius ring-necked parakeet)
Psittacus erithacus princeps	Fernando Po grey parrot
Pyrrhura cruentata	Blue-throated conure
Rhynchopsitta pachyrhyncha	Thick-billed parrot
Rhynchopsitta terrisi	Maroon-fronted parrot
Strigops habroptilus	Kakapo (otherwise known as Owl parrot)

Hummingbirds U.K.

Ramphodon dohrnii	Hook-billed hermit

Trogons U.K.

Pharomachrus mocinno costaricensis	Costa Rican quetzal (otherwise known as Resplendent quetzal)
Pharomachrus mocinno mocinno	Magnificent quetzal (otherwise known as Resplendent quetzal)

Owls U.K.

Tytonidae	Barn owls
Strigidae	Typical owls

Hornbills U.K.

Buceros bicornis (otherwise known as Buceros homrai)	Great pied hornbill
Rhinoplax vigil	Helmeted hornbill

Woodpeckers U.K.

Campephilus imperialis	Imperial woodpecker
Dryocopus javensis richardsi	Tristram’s woodpecker (otherwise known as White-bellied black woodpecker)

Songbirds U.K.

Cotinga maculata	Banded cotinga
Xipholena atropurpurea	White-winged cotinga
Pitta kochi	Koch’s pitta
Atrichornis clamosa	Noisy scrub-bird
Leucopsar rothschildi	Rothschild’s mynah
Dasyornis brachypterus longirostris	Western bristlebird
Dasyornis broadbenti littoralis	Western rufous bristlebird
Picathartes gymnocephalus	White-necked rockfowl (otherwise known as Yellow-headed rockfowl or Guinea bear-headed rockfowl)
Picathartes oreas	Grey-necked rockfowl (otherwise known as Cameroon bare-headed rockfowl or Red-headed rockfowl)
Zosterops albogularis	White-breasted silver-eye
Meliphaga cassidix	Helmeted honeyeater
Spinus cucullatus (otherwise known as Carduelis cucullatus)	Red siskin

REPTILES U.K.

3 The kinds of reptile specified in the first column below—

Crocodilians U.K.

Alligator sinensis	Chinese alligator
Caiman crocodilus apaporiensis	Rio Apaporis caiman (otherwise known as Spectacled caiman)
Caiman latirostris	Broad-nosed caiman
Melanosuchus niger	Black caiman
Crocodylus acutus	American crocodile
Crocodylus cataphractus	African slender-snouted crocodile (otherwise known as African sharp-nosed crocodile)
Crocodylus intermedius	Orinoco crocodile
Crocodylus moreleteii	Morelet’s crocodile
Crocodylus niloticus	Nile crocodile
Crocodylus novaeguineae mindorensis	Philippine crocodile
Crocodylus palustris	Mugger (otherwise known as Marsh crocodile or Broad-snouted crocodile)
Crocodylus porosus	Estuarine crocodile (otherwise known as Salt-water crocodile)
Crocodylus rhombifer	Cuban crocodile
Crocodylus siamensis	Siamese crocodile
Osteolaemus tetraspis	West African dwarf crocodile
Tomistoma schlegelii	False gharial (otherwise known as False gavial)
Gavialis gangeticus	Indian gharial (otherwise known as Indian gavial)

Iguanas U.K.

Brachylophus	Fijian ignuas
Cyclura	Caribbean rock iguanas
Sauromalus varius	San Esteban Island chuck-walla

Lizards U.K.

Varanus bengalensis	Bengal monitor (otherwise known as Indian monitor or Common monitor)
Varanus flavescens	Yellow monitor
Varanus griseus	Desert monitor (otherwise known as Agra monitor or Grey monitor)
Varanus komodoensis	Komodo dragon

Snakes U.K.

Acrantophis	Madagascar boas
Bolyeria	Round island boas
Casarea	Round island boas
Epicrates inornatus	Yellow tree boa
Epicrates subflavus	Jamaican boa
Python molurus molurus	Indian python (otherwise known as Indian rock python)
Sanzinia madagascariensis	Madagascar boa

Tuatara U.K.

Sphenodon punctatus	Tuatara

Chelonians U.K.

Batagur baska	River terrapin (otherwise known as Tuntong)
Geoclemys hamiltonii (otherwise known as Damonia hamiltonii)	Black pond turtle (otherwise known as Spotted pond turtle)
Melanochelys tricarinata (otherwise known as Geoemyda tricarinata or Nicoria tricarinata)	Three-keeled turtle (otherwise known as Three-keeled land tortoise)
Kachuga tecta tecta	Indian tent turtle (otherwise known as Indian sawback turtle or Roofed turtle or Dura turtle)
Morenia ocellata	Burmese swamp turtle
Terrapene coahuila	Aquatic box turtle (otherwise known as Water box turtle)
Geochelone elaphantopus (otherwise known as Testudo elephantopus)	Galapagos giant tortoise
Geochelone radiata (otherwise known as Testudo radiata)	Radiated tortoise (otherwise known as Rayed tortoise)
Geochelone yniphora (otherwise known as Testudo yniphora)	Madagascar tortoise (otherwise known as Rayed tortoise or Angonoka)
Gopherus flavomarginatus (otherwise known as Crophemus polyphemus flavomarginatus)	Mexican gopher tortoise
Psammobates geometricus (otherwise known as Testudo geometricus)	Geometric tortoise
Cheloniidae	Sea turtles
Dermochelys coriacea	Leatherback turtle (otherwise known as Leathery turtle or Luth)
Lissemys punctata punctata	Indian flap-shelled turtle
Trionyx ater	Cuatro Cienegas soft-shell turtle (otherwise known as Black soft-shelled turtle)
Trionyx gangeticus	Ganges soft-shelled turtle (otherwise known as Indian soft-shelled turtle)
Trionyx hurum	Peacock-marked soft-shelled turtle
Trionyx nigricans	Dark-coloured soft-shelled turtle
Pseudemydura umbrina	Short-necked turtle (otherwise known as Western swamp turtle)

AMPHIBIANS U.K.

4 The kinds of amphibian specified in the first column below—

Andrias davidianus (otherwise known as Megalobatrachus davidianus)	Chinese giant salamander
Andrias japonicus (otherwise known as Megalobatrachus japonicus)	Japanese giant salamander
Atelopus varius zeteki	Golden frog (otherwise known as Zetek’s frog)
Bufo periglenes	Golden toad (otherwise known as Orange toad)
Bufo superciliaris	Cameroon toad
Nectophrynoides	Viviparous toads

FISH U.K.

5 The kinds of fish specified in the first column below—

Acipenser brevirostrum	Shortnose sturgeon
Scleropages formosus	Asiatic bonytongue
Coregonus alpenae	Longjaw cisco
Chasmistes cujus	Cui-ui
Probarbus jullieni	Ikan temolek
Pangasianodon gigas	Giant catfish
Stizostedion vitreum glaucum	Blue walleye
Cynoscion macdonaldi	Drum fish

MOLLUSCS U.K.

6 The kinds of mollusc specified below—

• Conradilla caelata

• Dromus dromas

• Epioblasma florentina curtisi (otherwise known as Dysnomia florentina curtisi)

• Epioblasma florentina florentina (otherwise known as Dysnomia florentina florentina)

• Epioblasma sampsoni (otherwise known as Dysnomia sampsoni)

• Epioblasma sulcata perobliqua (otherwise known as Dysnomia sulcata perobliqua

• Epioblasma torulosa gubernaculum (otherwise known as Dysnomia torulosa gubernaculum)

• Epioblasma torulosa torulosa (otherwise known as Dysnomia torulosa torulosa)

• Epioblasma turgidula (otherwise known as Dysnomia turgidula)

• Epioblasma walkeri (otherwise known as Dysnomnia walkeri)

• Fusconaia cuneolus

• Fusconaia edgariana

• Lampsilis higginsi

• Lampsilis orbiculata orbiculata

• Lampsilis satura

• Lampsilis verescens

• Plethobasus cicatricosus

• Plethobasus cooperianus

• Pleurobema plenum

• Potamilus capax (otherwise known as Proptera capax)

• Quadrula intermedia

• Quadrula sparsa

• Toxolasma cylindrella (otherwise known as Carunculina cylindrella)

• Unio nickliniana (otherwise known as Megalonaias nickliniana)

• Unio tampicoensis tecomatensis (otherwise known as Lampsilis tampicoensis tecomatensis)

• Villosa trabalis (otherwise known as Micromya trabalis )

N ote: 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.

[F29 SCHEDULE 5 U.K. Plants the Sale Etc. of Which is Restricted

Textual Amendments

F29 Sch. 5 inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 15, Sch. 10 para. 5(7), Pt. III

This Schedule applies to the kinds of plant specified in the second column below—

Family	Kind
Apocynaceae	Pachypodium namaquanum
Araceae	Alocasia sanderana
Cactaceae
Ariocarpus agavoides
Ariocarpus scapharostrus
Aztekium ritteri
Echinocereus lindsayi
Obregonia denegrii
Pelecyphora aselliformis
Pelecyphora strobiliformis
Caryocaraceae	Caryocar costaricense
Caryophyllaceae	Gymnocarpus przewalskii
Melandrium mongolicus
Silene mongolica
Stellaria pulvinata
Cupressaceae	Fitzroya cupressoides
Pilgerodendron uviferum
Cycadaceae	Mirocycas calocoma
Gentianaceae	Prepusa hookeriana
Humiriaceae	Vantanea barbourii
Juglandaceae	Engelhardtia pterocarpa
Leguminosae
Ammopiptanthus mongolicum
Cynometra hemitomophylla
Platymiscium pleiostachyum
Tachigalia versicolor
Liliaceae
Aloe albida Aloe pillansii
Aloe polyphylla
Aloe thorncropftii Aloe vossii
Melastomataceae	Lavoisiera itambana
Meliaceae	Guarea longipetiola
Moraceae	Batocarpus costaricensis
Nepenthaceae	Nepenthes rajah
Orchidaceae
Cattleya skinneri Cattleya trianae
Didiciea cunninghamii
Laelia jongheana
Laelia lobata
Lycaste virginalis var alba
Peristeria elata
Renanthera imschootiana
Vanda coerulea
Pinaceae
Abies guatemalensis
Abies nebrodensis
Podocarpaceae
Podocarpus costalis Podocarpus parlatorei
Proteaceae
Orothamnus zeyheri
Protea odorata
Rubiaceae	Balmea stormae
Sarraceniaceae	Sarracenia alabamensis alabamensis
Sarracenia jonesii
Sarracenia oreophila
Saxifragaceae (otherwise known as Grossulariaceae)	Ribes sardoum
Stangeriaceae	Stangeria eriopus
Ulmaceae	Celtis aetnensis
Welwitschiaceae	Welwitschia bainesii
Zamiaceae	Encephalartos
Zingiberaceae	Hedychium philippinense]