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Version Superseded: 29/11/2004
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There are currently no known outstanding effects for the The Conservation (Natural Habitats, &c.) Regulations 1994, Section 41.
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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, or
(b)any form of taking or killing from the modes of transport listed in paragraph (5) below.
(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 to a fine not exceeding level 5 on the standard scale.
Commencement Information
I1Reg. 41 in force at 30.10.1994, see reg. 1(2)
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