Citation, commencement and extent

1.—(1) These Regulations may be cited as the Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2008 and come into force on 1st October 2008.

(2) These Regulations extend to England and Wales only.

Additional European protected species

2.  In Schedule 2 (European protected species of animals) to the Conservation (Natural Habitats &c.) Regulations 1994(4), insert the following entries in the appropriate place—

Consequential amendment to the Conservation (Natural Habitats &c.) Regulations 1994

3.  In regulation 39(5) (protection of certain wild animals) of the Conservation (Natural Habitats &c.) Regulations 1994, in paragraph (6)(a)(i), omit the words “Gortyna borelii lunata (Fisher’s estuarine moth),”.

Consequential amendment to the Wildlife and Countryside Act 1981

4.  In Schedule 5(6) (animals which are protected) to the Wildlife and Countryside Act 1981(7), after “Moth, Fisher’s Estuarine” insert “(in respect of section 9(4)(b) and (c) and (5) only)”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Conservation (Natural Habitats, &c.) Regulations 1994 (“the 1994 Regulations”), which make provision implementing Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna (O.J. No. L206, 22.07.92, p.7). These Regulations extend to England and Wales only.

Regulation 2 to these Regulations adds three new species to the list of European protected species in Schedule 2 to the 1994 Regulations. The three new species are the pool frog (Rana lessonae), the Fisher’s estuarine moth (Gortyna borelii lunata) and the lesser whirlpool ram’s-horn snail (Anisus vorticulus).

Regulations 3 and 4 make consequential amendments to regulation 39(6) of the 1994 Regulations and Schedule 5 to the Wildlife and Countryside Act 1982 (c. 69) (“the 1981 Act”) respectively.

Since the Fisher’s estuarine moth is now a European protected species, by virtue of the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (O.J. No. L236, 29.09.03, p.33 (see p.676)), the defence in regulation 39(6) of the 1994 Regulations will apply in relation to the moth without need of any specific mention of it.

The amendment to Schedule 5 to the 1981 Act means that the Fisher’s estuarine moth no longer receives the protection afforded under section 9(1), (2) or (4)(a) of the 1981 Act. Section 9(1) and (2) of the 1981 Act prohibits the killing, injuring and taking and the possession or control of animals listed in Schedule 5 to the Act and section 9(4)(a) protects their places of shelter and protection. Instead, the Fisher’s estuarine moth is protected under the corresponding provisions of regulation 39 of the 1994 Regulations.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

A transposition note setting out how these amendments transpose the provisions of the Habitats Directive has been prepared. Copies of the transposition note may be obtained, free of charge, from Wildlife Species Conservation Division, Defra, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN. In addition, copies of the transposition note have been placed in the libraries of both Houses of Parliament.