The Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Amendment Order 2012

This Scottish Statutory Instrument has been made in consequence of a defect in S.S.I. 2012/174 and is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2012 No. 206

Wildlife

The Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Amendment Order 2012

Made

21st June 2012

Laid before the Scottish Parliament

25th June 2012

Coming into force

2nd July 2012

The Scottish Ministers make the following Order in exercise of the powers conferred on them by sections 14(1)(a)(ii), (2D)(a) and (e) and 14ZC(1)(a) and (2)(a) of the Wildlife and Countryside Act 1981(1), and all other powers enabling them to do so.

In accordance with section 26(4A) of the Wildlife and Countryside Act 1981(2), they have consulted Scottish Natural Heritage and any other person appearing to them to have an interest in the making of the Order.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Amendment Order 2012, and comes into force on 2nd July 2012.

(2) In this Order, “the 1981 Act” means the Wildlife and Countryside Act 1981.

Amendment of the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012

2.—(1) The Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012(3) is amended in accordance with the following paragraphs.

(2) In articles 2 and 3, for “Latin” substitute “Scientific”.

(3) For Parts 1 and 2 of Schedule 1, substitute Parts 1 and 2 which are set out in the Schedule to this Order.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

21st June 2012

Article 2(3)

SCHEDULE

“PART 1 Types of animals specified for the purposes of section 14(1)(a)(ii) of the 1981 Act (types of animal which it is an offence for a person to release or allow to escape from captivity)

Common name Column (1)	Scientific name Column (2)	Extent Column (3)
Deer	All species of the genus Cervus	Outer Hebrides and the islands of Arran (including Holy Island), Islay, Jura and Rum

PART 2 Types of invasive animals specified for the purposes of section 14ZC(1)(a) of the 1981 Act (types of animal which it is an offence for a person to keep, have in their possession or have under their control)

Common name Column (1)	Scientific name Column (2)
Asp	Aspius aspius
Barbel	species of the genus Barbus (excluding Barbus barbus)
Bass (excluding sea bass, Dicentrarchus labrax)	Micropterus salmoides; Micropterus dolomieu; Ambloplites rupestris; and species of the genus Morone
Bighead carp	Hypophthalmichthys nobilis
Bitterling	Rhodeus sericeus/Rhodeus amarus
Blacknose dace	Rhinichthys atratulus
Blageon	Telestes souffia
Blue bream	Ballerus ballerus
Blue sucker	Cycleptus elongatus
Burbot	Lota lota
Catfish	species of the genera Ictalurus, Ameiurus and Silurus
Charr	species of the genus Salvelinus (excluding Salvelinus alpinus)
Chinese black or snail-eating carp	Mylopharyngodon piceus
Chinese sucker (also known as Zebra hi fin, banded shark/sucker)	Myxocyprinus asiaticus
Common white sucker	Catostomus commersonii
Coypu	Myocastor coypus
Crayfish	freshwater decapod crustacean of the Families Astacidae, Cambaridae or Parastacidae, (excluding Austropotamobius pallipes)
Danubian bleak	Alburnus chalcoides
Danubian salmon & Taimen	species of the genus Hucho
Eastern mudminnow	Umbra pygmaea
European mudminnow	Umbra krameri
Fathead minnow (or Roseyreds)	Pimephales promelas
Freshwater minnow, Dragon fish or Pale chub	Zacco platypus
Grass carp	Ctenopharyngodon idella
Grey squirrel	Sciurus carolinensis
Landlocked salmon	non anadromous varieties of the species Salmo salar
Marbled trout	Salmo marmoratus
Mink	Mustela vison
Muntjac	Species of genus Muntiacus
Muskrat	Ondatra zibethica
Nase	Chondrostoma nasus
Northern redbelly dace	Chrosomus eos
Pacific salmon and trout	species of the genus Oncorhynchus (excluding Oncorhynchus mykiss
Paddlefish	species of the genera Polyodon and Psephurus
Perch	species of the genus Perca (excluding Perca fluviatilis)
Pike	species of the genus Esox (excluding Esox lucius)
Pikeperch	Sanderlucioperca
Rabbit (excluding European rabbit)	species of the genera Bunolagus, Brachylagus, Nesolagus, Pentalagus, Poelagus, Romerolagus and Sylvilagus
Red shiner	Cyprinella lutrensis
Ruffe	Gymnocephalus cernua
Schneider	Alburnoides bipunctatus
Silver carp	Hypophthalmichthys molitrix
Snakehead	species of the genus Channa
Southern redbelly dace	Chrosomus erythrogaster
Sturgeon or sterlet	species of the genera Acipenser, Huso, Pseudoscaphirhynchus and Scaphirhynchus
Sunbleak (Sundace), also known as Belica or Motherless minnow	Leucaspius delineatus
Sunfish, including pumpkinseed (also Basses, Crappies & Bluegills)	species of the genus Lepomis
Topmouth gudgeon	Pseudorasbora parva
Toxostome (or French nase)	Parachondrostoma toxostoma
Vimba	Vimba vimba
Weatherfish	Misgurnus fossilis
Whitefish	species of the genus Coregonus (excluding Coregonus lavaretus and Coregonus albula)”

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012 (“the 2012 Order”) which makes provision about the release of certain animals, the keeping of invasive animals and notification requirements in relation to the presence of invasive animals under the Wildlife and Countryside Act 1981 (“the 1981 Act”) as amended by the Wildlife and Natural Environment (Scotland) Act 2011.

Article 2(2) of this Order amends articles 2 and 3 of the 2012 Order so as to refer to “Scientific name” instead of “Latin name”.

Article 2(3) of, and the Schedule to, this Order substitutes new Parts 1 and 2 into Schedule 1 to the 2012 Order. The newly substituted Part 1 amends the entry in relation to Deer so as to correctly refer to the island of Arran. In the newly substituted Part 2, a number of the entries in the table have been amended so as to correctly refer to the current nomenclature for these species. The headings in column (2) of the table in Parts 1 and 2 of Schedule 1 have also been amended to refer to “Scientific name” instead of “Latin name”.

(1)

1981 c.69. Sections 14(1) and (2D) and section 14B(1), (2) and (4) were substituted by the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) (“the 2011 Act”), section 14(2) and (5) respectively; and section 14ZC was inserted by the 2011 Act, section 14(3).

(2)

Section 26(4A) was inserted by section 17(6) of the 2011 Act.

(3)

S.S.I. 2012/174.