The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007

Prohibition of certain methods of capturing or killing wild animals

This section has no associated Explanatory Memorandum

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

(a)of any of the species listed in Schedule 3; or

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

(2) Subject to regulation 49, a person is guilty of an offence if he uses for the purpose of capturing or killing any such wild animal—

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

(b)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 of the species of animal to which this regulation applies;

(c)any form of capturing or killing from a ship whilst it is being propelled by a motor; or

(d)any form of capturing or killing from an aircraft.

(3) The prohibited means of capturing or killing of mammals are—

(a)using blind or mutilated animals as live decoys;

(b)sound recordings;

(c)electrical or electronic devices capable of killing or stunning;

(d)artificial light sources;

(e)mirrors or 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)bows or crossbows;

(l)poisons and poisoned or anaesthetic bait;

(m)gassing or smoking out; and

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

(4) The prohibited means of capturing or killing fish are—

(a)poison; and

(b)explosives.