The Scottish Government

WILDLIFE AND COUNTRYSIDE

THE WILDLIFE AND COUNTRYSIDE ACT 1981

THE WILDLIFE AND COUNTRYSIDE (REGISTRATION AND RINGING OF CERTAIN CAPTIVE BIRDS) (SCOTLAND) REGULATIONS 2009

Notice is hereby given under section 26 (5) of the Wildlife and Countryside Act 1981 (“the 1981 Act”), that the Scottish Ministers make the following Regulations in exercise of the powers conferred by section 7(1) and (2) of the Wildlife and Countryside Act 1981 (a) and all other powers enabling them to do so.

1.  These Regulations may be cited as the Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) (Scotland) Regulations. These Regulations extend to Scotland only.

Interpretation

2.  –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, possesses or controls.

Registration

3.  –(1) The Scottish 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 Scotland.

(2) An application for registration must be made by either the keeper or the prospective keeper of the bird to which the application relates.

(3) The Scottish Ministers must not register any bird on the register unless it has been ringed or marked in accordance with regulation 6(1).

(4) The Scottish Ministers may decline to make an entry in the register if an application is not accompanied by any charge determined under section 7(2A) (a) of the Act.

CITES - Birds registered on the Convention on International Trade in Endangered Species of Wild Fauna and Flora register

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.

Regulation 5

Provides that, where a Peregrine Falcon or Merlin has been registered on the register of birds in respect of which 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 protecting trade therein (“the Council Regulation”) has been issued, it is treated as being registered for the purposes of these regulations.

Ringing

Every bird to which these Regulations apply must be ringed with a ring obtained from the Scottish Ministers unless it has been marked in accordance with the specimen marking requirements of Article 66 of Commission Regulation (EC) 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.

Any person who rings a bird under paragraph (1) must notify the Scottish Ministers.

Revocations

The following instruments are revoked:

The Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) Regulations 1982 ( e );

The Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) (Amendment) Regulations 1991 ( f ); and

The Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) (Amendment) Regulations 1994 ( g ).

These Regulations come into force on 21st December 2009. The Regulations will be published by Her Majesty’s Stationery Office and will be available on the website of the Office of Public Sector Information (http://www.opsi.gov.uk).

Jonathan Young

The Scottish Government, Species Management Team, Landscapes and Habitats Division, DG Environment, Area 1-A North, Victoria Quay, Edinburgh.

Tel: 0131 244 2671.