The Wildlife and Countryside (Registration, Ringing and Marking of Certain Captive Birds) (Wales) Regulations 2011

Title, commencement and application

1.—(1) The title of these Regulations is the Wildlife and Countryside (Registration, Ringing and Marking of Certain Captive Birds) (Wales) Regulations 2011.

(2) These Regulations come into force on 1 August 2011 and apply in relation to Wales.

Interpretation

2.—(1) In these Regulations—

• “keep” (“cadw”) means keep, possess or control;

• “keeper” (“ceidwad”) means the person who keeps, or has possession of, or control over, a bird;

• “registered address” (“cyfeiriad cofrestredig”) means the address contained in the register maintained by the Welsh Ministers under regulation 3(1);

• “registered keeper” (“ceidwad cofrestredig”) in relation to a registered bird means the person registered as keeper of the bird in the register maintained by the Welsh Ministers under regulation 3(1);

• “ring” (“modrwy”) means any ring or band for ringing a bird; and

• “the Act” (“y Deddf”) means the Wildlife and Countryside Act 1981.

(2) In these Regulations, any reference to a bird to which these Regulations apply is a reference to any bird included in Schedule 4 to the Act which any person keeps.

Registration

3.—(1) The Welsh Ministers must, for the purposes of section 7(1) of the Act, maintain a register of birds to which these Regulations apply which are kept at addresses in Wales.

(2) An application for registration must be made by the keeper, or prospective keeper, of the bird to which the application relates on a form obtained from the Welsh Ministers.

(3) The Welsh Ministers must require an application to be accompanied by such reasonable charge for registration as they have determined under section 7(2A) of the Act(1).

(4) Upon receiving an application for registration, the Welsh Ministers must enter the relevant information on the register. But this is subject to paragraphs (5) and (6).

(5) The Welsh Ministers must not register any bird to which these Regulations apply unless satisfied that the bird has been ringed or marked in accordance with regulation 6.

(6) The Welsh Ministers may decline to make an entry in the register in respect of an application until the charge referred to in paragraph (3) of this regulation has been paid.

(7) Upon being notified in accordance with regulation 4(1)(d)(ii) of a change in the address at which a registered bird will be kept, the Welsh Ministers must ensure that the new address is entered onto the register as the registered address for that bird.

Termination

4.—(1) A registration ceases to have effect—

(a) when the registered bird—

(i) dies;

(ii) escapes or is released into the wild;

(iii) is disposed of by way of sale or otherwise;

(iv) is exported from the United Kingdom;

(b) when the ring or marking referred to in regulation 6 is removed or the identifying information on it or stored within it becomes unreadable;

(c) when the registered bird is kept by a person other than its registered keeper, unless it is intended at the time when the bird begins to be so kept that it will be returned to its registered keeper within the specified period and the bird is so returned;

(d) when the registered bird is kept by its registered keeper but ceases to be kept at its registered address, unless—

(i) it is intended at the time when the bird ceases to be so kept that it will be returned to its registered address within 3 weeks and the bird is so returned, or

(ii) the Welsh Ministers are notified in writing in accordance with paragraph (2) of the new address at which the bird will be kept.

(2) The notification referred to in paragraph (1)(d)(ii) must—

(i) be made before the bird ceases to be kept at the registered address; and

(ii) contain the date from which the bird will be kept at the new address.

(3) In regulation 4(1)(c) “the specified period” (“y cyfnod penodedig”) means—

(i) in circumstances where the bird will not be kept continuously at its registered address, a period of 3 weeks; or

(ii) in circumstances where the bird will be kept continuously at its registered address, a period of 6 weeks.

Birds registered on CITES register

5.—(1) Where a bird of a species listed in the Schedule is registered on the CITES register, it is treated as being registered in accordance with these Regulations for the purposes of section 7(1) of the Act.

(2) Regulation 3 and paragraphs (1)(a)(iii), (c) and (d) of regulation 4 do not apply in relation to birds registered by virtue of paragraph (1).

(3) In this regulation—

• “CITES” (“CITES”) means the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

• “CITES certificate” (“tystysgrif CITES”) means a certificate referred to in Article 10 of Council Regulation (EC) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein(2) issued by the management authority for the United Kingdom(3);

• “CITES register” (“cofrestr CITES”) means any register of birds in respect of which a CITES certificate has been issued.

Ringing and marking

6.—(1) Every bird to which these Regulations apply must be ringed with a ring obtained from the Welsh Ministers.

(2) Paragraph (1) does not apply in respect of birds marked in accordance with the specimen marking requirements of Article 66 of Commission Regulation (EC) No. 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein(4).

(3) Any person who rings a bird under paragraph (1) must complete a declaration of ringing on a form obtained from the Welsh Ministers and return that form to the Welsh Ministers.

Revocations

7.  The following instruments are revoked—

(a) The Wildlife and Countryside (Registration, Ringing and Marking of Certain Captive Birds) (Wales) Regulations 2003(5);

(b) The Wildlife and Countryside (Registration, Ringing and Marking of Certain Captive Birds) (Wales) (Amendment) Regulations 2009(6).

John Griffiths

Minister for the Environment and Sustainable Development, one of the Welsh Ministers

5 July 2011