The Conservation (Natural Habitats, &c.) Regulations 1994

Prohibition of certain methods of taking or killing wild animals E+W

41.—(1) This regulation applies in relation to the [F1 capturing] or killing of a wild animal–

(a) of any of the species listed in Schedule 3 to these Regulations (which shows the species listed in Annex V(a) to the Habitats Directive, and to which Article 15 applies, whose natural range includes any area of Great Britain), or

(b) of a European protected species, where the [F1 capturing] or killing of such animals is permitted in accordance with these Regulations.

(2) It is an offence to use for the purpose of [F2 capturing] or killing any such wild animal–

(a) any of the means listed in paragraph (3) or (4) below, F3 ...

(b) any form of [F2 capturing] or killing from the modes of transport listed in paragraph (5) [F4 below, or]

[F5 (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 3 to these Regulations or any European protected species of animal.]

(3) The prohibited means of [F6 capturing] or killing of mammals are–

(a) blind or mutilated animals used 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;

(n) semi–automatic or automatic weapons with a magazine capable of holding more than two rounds of ammunition.

(4) The prohibited means of [F7 capturing] or killing fish are–

(a) poison;

(b) explosives.

(5) The prohibited modes of transport are–

(a) aircraft;

(b) moving motor vehicles.

(6) A person guilty of an offence under this regulation is liable on summary conviction [F8 to imprisonment for a term not exceeding six months or] to a fine not exceeding level 5 on the standard scale [F9 , or to both].

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Word in reg. 41(1) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(15)(a) (with reg. 9)

F2 Word in reg. 41(2) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(15)(b) (with reg. 9)

F3 Word in reg. 41(2)(a) omitted (E.W.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(15)(c) (with reg. 9)

F4 Word in reg. 41(2)(b) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(15)(d) (with reg. 9)

F5 Reg. 41(2)(c) inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(15)(e) (with reg. 9)

F6 Word in reg. 41(3) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(15)(f) (with reg. 9)

F7 Word in reg. 41(4) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(15)(g) (with reg. 9)

F8 Words in reg. 41(6) inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(15)(h)(i) (with reg. 9)

F9 Words in reg. 41(6) inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(15)(h)(ii) (with reg. 9)

Commencement Information

I1 Reg. 41 in force at 30.10.1994, see reg. 1(2)

Prohibition of certain methods of taking or killing wild animals S

41.—(1) This regulation applies in relation to the taking or killing of a wild animal–

(a) of any of the species listed in Schedule 3 to these Regulations (which shows the species listed in Annex V(a) to the Habitats Directive, and to which Article 15 applies, whose natural range includes any area of Great Britain), or

(b) of a European protected species, where the taking or killing of such animals is permitted in accordance with these Regulations.

(2) It is an offence to use for the purpose of taking or killing any such wild animal–

(a) any of the means listed in paragraph (3) or (4) below, ...

(b) any form of taking or killing from the modes of transport listed in paragraph (5) below [F10 , or

(c) any other means of taking 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 3 to these Regulations or any European protected species of animal.]

(3) The prohibited means of taking or killing of mammals are–

(a) blind or mutilated animals used 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;

(n) semi–automatic or automatic weapons with a magazine capable of holding more than two rounds of ammunition.

(4) The prohibited means of taking or killing fish are–

(a) poison;

(b) explosives.

(5) The prohibited modes of transport are–

(a) aircraft;

(b) moving motor vehicles.

(6) A person guilty of an offence under this regulation is liable on summary conviction [F11 to imprisonment for a term not exceeding six months or] to a fine not exceeding level 5 on the standard scale [F12 , or to both].

Textual Amendments

F10 Reg. 41(2)(c) and word inserted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 12(b)

F11 Words in reg. 41(6) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 12(a) (with regs. 20, 21)

F12 Words in reg. 41(6) inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 12(b) (with regs. 20, 21)