Statutory Instruments
ANIMALS
Made
19th October 1996
Laid before Parliament
25th October 1996
Coming into force
Regulations 1 to 6
16th November 1996
Regulation 7
17th November 1996
The Secretary of State, in exercise of the powers conferred on him by section 2(2) of the European Communities Act 1972(1), being the Minister designated(2) for the purposes of that subsection in relation to the regulation and control, in the interests of conservation, of the import, export, landing, keeping, transportation and commercial display of, and trade in and disposal of, fauna and flora (including their parts and derivatives), and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
1.—(1) These Regulations may be cited as the Endangered Species (Import and Export) Act 1976 (Amendment) Regulations 1996 and shall, except for regulation 7, come into force on 16th November 1996 immediately after the coming into force of articles 1 to 4 of the Endangered Species (Import and Export) Act 1976 (Amendment) Order 1996(3).
(2) Regulation 7 shall come into force on 17th November 1996, immediately after the coming into force of article 5 of the Endangered Species (Import and Export) Act 1976 (Amendment) Order 1996.
(3) In these Regulations “the Act” means the Endangered Species (Import and Export) Act 1976(4).
2. In Schedule 1 to the Act (Animals the importation and exportation of which are restricted)(5) for all the words from “This Schedule applies” onwards there shall be substituted “This Schedule does not apply to any kind of animal.”.
3. In Schedule 2 to the Act (Plants the importation and exportation of which are restricted)(6) for all the words from “This Schedule applies” onwards there shall be substituted “This Schedule does not apply to any kind of plant.”.
4. In Schedule 3 to the Act (Items the importation and exportation of which are restricted)(7) for all the words from “This Schedule applies” onwards there shall be substituted “This Schedule does not apply to any item.”.
5. For Schedule 4 to the Act (Animals the sale etc. of which is restricted)(8) there shall be substituted the Schedule set out in Schedule 1 to these Regulations.
6. For Schedule 5 to the Act (Plants the sale etc. of which is restricted)(9) there shall be substituted the Schedule set out in Schedule 2 to these Regulations.
7. The Endangered Species (Import and Export) Act 1976 (Amendment) Order 1996 is hereby revoked.
Signed by the authority of the Secretary of State
James Clappison
Parliamentary Secretary of State
Department of the Environment
19th October 1996
Regulation 5
Section 4
This Schedule applies to the following kinds of animal, namely—
1. Subject to paragraph 2, the kinds of mammals specified in the first column below—
| Restricted kind | Common name |
|---|---|
| Carnivora | |
| Vulpes velox hebes | Northern kit fox |
| Aonyx microdon | Cameroon clawless otter |
| Felis bengalensis bengalensis | Bengal tiger cat |
| Felis rubiginosa | Rusty-spotted cat |
| Felis rufa escuinapae | Mexican bobcat |
| Artiodactyla | |
| Vicugna vicugna | Vicuna |
| Moschus moschiferus moschiferus | Himalayan musk deer |
| Antilocapra americana sonoriensis | Sonoran pronghorn |
| Rodentia | |
| Pseudomys fumous | Smoky mouse |
2. The species Aonyx microdon, Felis bengalensis bengalensis, Felis rubiginosa, Antilocapra americana sonoriensis, Moschus moschiferus moschiferus and Vicugna vicugna are specified in this Schedule only in relation to populations excluded from Appendix I of Annex A to Council Regulation (EEC) No. 3626/82 on the implementation in the Community of the Convention on International Trade in Endangered Species of wild fauna and flora, as amended by Commission Regulation (EEC) No. 558/95.
3. The kinds of birds specified in the first column below—
| Restricted kind | Common name |
|---|---|
| Falconiformes | |
| Cathartidae (except Gymnogyps californianus and Vultur gryphus) | New World vultures |
4. Subject to paragraph 5, the kinds of reptiles specified in the first column below—
| Restricted kind | Common name |
|---|---|
| Crocodylia | |
| Crocodylus niloticus | Nile crocodile |
| Crocodylus porosus | Salt-water crocodile |
| Serpentes | |
| Bolyeria spp (except B. multocarinata) | Round Island boas |
| Casarea spp (except C. dussumeri) | Keel-scaled boas |
5. Crocodylus niloticus and Crocodylus porosus are specified in this Schedule only in relation to populations excluded from Appendix I of Annex A to Council Regulation (EEC) No. 3626/82 on the implementation in the Community of the Convention on International Trade in Endangered Species of wild fauna and flora, as amended by Commission Regulation (EEC) No. 558/95.
6. The kinds of fish specified in the first column below—
| Restricted kind | Common name |
|---|---|
| Coregonus alpenae | Longjaw cisco |
| Stizostedion vitreum glaucum | Blue walleye |
Note: 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.”
Regulation 6
Section 4
| Family | Kind |
|---|---|
| Araceae | Alocasia sanderana |
| Caryocaraceae | Caryocar costaricense |
| Caryophyllaceae | Gymnocarpus prewalskii Melandrium mongolicus Silene mongolica Stellaria palvinata |
| Gentianaceae | Prepusa hookeriana |
| Humiriaceae | Vantanea barbourii |
| Juglandaceae | Engelhardtia pterocarpa |
| Leguminosae | Ammopiptanthus mongolicum Cynometra hemitomophylla Platymiscium pleiostachyum Tachilgalia versicolor |
| Melastomataceae | Lavoisiera itambana |
| Meliaceae | Guarea longipetiola |
| Moraceae | Batocarpus costaricensis |
| Pinaceae | Abies nebrodensis |
| Podocarpaceae | Podocarpus costalis |
| Saxifragaceae (otherwise known as Grossulariaceae) | Ribes sardoum |
| Ulmaceae | Celtis aetnensis |
| Welwitschiaceae | Welwitschia bainesii |
| Zingiberaceae | Hedychium philippinense” |
(This note is not part of the Regulations)
These Regulations are made in consequence of Council Regulation 3626/82 on the implementation in the Community of the Convention on International Trade in Endangered Species of wild fauna and flora (OJ No. L 384, 31.12.1982, p.1; relevant amending instruments are OJ No. L 87, 31.3.88, p.67, OJ No. L 57, 15.3.95, p.l, OJ No. L 284, 28.11.95, p.3.) (“the EC CITES Regulation”). Their effect is to disapply the Endangered Species (Import and Export) Act 1976 (“the Act”) insofar as it has been superseded by the EC CITES Regulation.
Regulations 2 and 3 provide that Schedules 1 and 2 to the Act shall not apply to any kinds of animal or plant. Regulation 4 provides that Schedule 3 to the Act shall not apply to any item. The effect of these provisions is to disapply national import and export restrictions which duplicated restrictions made by the EC CITES Regulation.
Regulation 5, by substituting a new Schedule 4 to the Act (Schedule 4 to the Act specifies the kinds of animals the sale etc. of which is restricted), deletes from that Schedule a number of kinds of animal previously listed. The deletion disapplies national sales restrictions which duplicated restrictions made by the EC CITES Regulation. The new Schedule 4 lists those kinds of animal which were previously listed in that Schedule and on which national controls do not duplicate the EC CITES Regulation.
Regulation 6 deletes from Schedule 5 to the Act (which specifies the kinds of plant the sale etc. of which is restricted) the kinds of plant the sale of which is restricted under Article 6 of the EC CITES Regulation.
Regulation 7 revokes the Endangered Species (Import and Export) Act 1976 (Amendment) Order 1996 which is spent as a consequence of these Regulations.
S.I. 1985/956.
Schedule 3 was substituted by S.I. 1982/1230 (relevant amending instruments to which are S.I. 1983/1609, 1985/1502) and amended by S.I. 1996/2677.
Schedule 4 was added by the Wildlife and Countryside Act 1981 (c. 69), section 15(1) and Schedule 10 and amended by S.I. 1996/2677.
Schedule 5 was added by the Wildlife and Countryside Act 1981, section 15(1) and Schedule 10.