The Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Amendment Order 2012
S.S.I. 2012/206 · Made 21 June 2012
This Scottish Statutory Instrument has been made in consequence of a defect in S.S.I. 2012/174 and is being issued free of charge to all known recipients of that instrument.
Wildlife
Made 21st June 2012
Laid before the Scottish Parliament 25th June 2012
Coming into force 2nd July 2012
The Scottish Ministers make the following Order in exercise of the powers conferred on them by sections 14(1)(a)(ii), (2D)(a) and (e) and 14ZC(1)(a) and (2)(a) of the Wildlife and Countryside Act 1981f1, and all other powers enabling them to do so.
In accordance with section 26(4A) of the Wildlife and Countryside Act 1981f2, they have consulted Scottish Natural Heritage and any other person appearing to them to have an interest in the making of the Order.
Annotations to the whole text
Footnotes
- f1
-
1981 c.69. Sections 14(1) and (2D) and section 14B(1), (2) and (4) were substituted by the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) (“the 2011 Act”), section 14(2) and (5) respectively; and section 14ZC was inserted by the 2011 Act, section 14(3).
- f2
-
Section 26(4A) was inserted by section 17(6) of the 2011 Act.
Contents
- 1Citation, commencement and interpretation
- 2Amendment of the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012
- Signature
- Schedule Schedule
- Explanatory note
1Citation, commencement and interpretation
This Order may be cited as the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Amendment Order 2012, and comes into force on 2nd July 2012.
In this Order, “the 1981 Act” means the Wildlife and Countryside Act 1981.
2Amendment of the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012
The Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012f1 is amended in accordance with the following paragraphs.
In articles 2 and 3, for “Latin” substitute “Scientific”.
For Parts 1 and 2 of Schedule 1, substitute Parts 1 and 2 which are set out in the Schedule to this Order.
Signature
RICHARD LOCHHEAD
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
21st June 2012
“PART 1
Types of animals specified for the purposes of section 14(1)(a)(ii) of the 1981 Act (types of animal which it is an offence for a person to release or allow to escape from captivity)
Common name
Column (1)
Scientific name
Column (2)
Extent
Column (3)
Deer All species of the genus Cervus Outer Hebrides and the islands of Arran (including Holy Island), Islay, Jura and Rum PART 2
Types of invasive animals specified for the purposes of section 14ZC(1)(a) of the 1981 Act (types of animal which it is an offence for a person to keep, have in their possession or have under their control)
Common name
Column (1)
Scientific name
Column (2)
Asp Aspius aspius Barbel species of the genus Barbus (excluding Barbus barbus) Bass (excluding sea bass, Dicentrarchus labrax) Micropterus salmoides; Micropterus dolomieu; Ambloplites rupestris; and species of the genus Morone Bighead carp Hypophthalmichthys nobilis Bitterling Rhodeus sericeus/Rhodeus amarus Blacknose dace Rhinichthys atratulus Blageon Telestes souffia Blue bream Ballerus ballerus Blue sucker Cycleptus elongatus Burbot Lota lota Catfish species of the genera Ictalurus, Ameiurus and Silurus Charr species of the genus Salvelinus (excluding Salvelinus alpinus) Chinese black or snail-eating carp Mylopharyngodon piceus Chinese sucker (also known as Zebra hi fin, banded shark/sucker) Myxocyprinus asiaticus Common white sucker Catostomus commersonii Coypu Myocastor coypus Crayfish freshwater decapod crustacean of the Families Astacidae, Cambaridae or Parastacidae, (excluding Austropotamobius pallipes) Danubian bleak Alburnus chalcoides Danubian salmon & Taimen species of the genus Hucho Eastern mudminnow Umbra pygmaea European mudminnow Umbra krameri Fathead minnow (or Roseyreds) Pimephales promelas Freshwater minnow, Dragon fish or Pale chub Zacco platypus Grass carp Ctenopharyngodon idella Grey squirrel Sciurus carolinensis Landlocked salmon non anadromous varieties of the species Salmo salar Marbled trout Salmo marmoratus Mink Mustela vison Muntjac Species of genus Muntiacus Muskrat Ondatra zibethica Nase Chondrostoma nasus Northern redbelly dace Chrosomus eos Pacific salmon and trout species of the genus Oncorhynchus (excluding Oncorhynchus mykiss Paddlefish species of the genera Polyodon and Psephurus Perch species of the genus Perca (excluding Perca fluviatilis) Pike species of the genus Esox (excluding Esox lucius) Pikeperch Sanderlucioperca Rabbit (excluding European rabbit) species of the genera Bunolagus, Brachylagus, Nesolagus, Pentalagus, Poelagus, Romerolagus and Sylvilagus Red shiner Cyprinella lutrensis Ruffe Gymnocephalus cernua Schneider Alburnoides bipunctatus Silver carp Hypophthalmichthys molitrix Snakehead species of the genus Channa Southern redbelly dace Chrosomus erythrogaster Sturgeon or sterlet species of the genera Acipenser, Huso, Pseudoscaphirhynchus and Scaphirhynchus Sunbleak (Sundace), also known as Belica or Motherless minnow Leucaspius delineatus Sunfish, including pumpkinseed (also Basses, Crappies & Bluegills) species of the genus Lepomis Topmouth gudgeon Pseudorasbora parva Toxostome (or French nase) Parachondrostoma toxostoma Vimba Vimba vimba Weatherfish Misgurnus fossilis Whitefish species of the genus Coregonus (excluding Coregonus lavaretus and Coregonus albula) ”
Explanatory note
(This note is not part of the Order)
This Order amends the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012 (“the 2012 Order”) which makes provision about the release of certain animals, the keeping of invasive animals and notification requirements in relation to the presence of invasive animals under the Wildlife and Countryside Act 1981 (“the 1981 Act”) as amended by the Wildlife and Natural Environment (Scotland) Act 2011.
Article 2(2) of this Order amends articles 2 and 3 of the 2012 Order so as to refer to “Scientific name” instead of “Latin name”.
Article 2(3) of, and the Schedule to, this Order substitutes new Parts 1 and 2 into Schedule 1 to the 2012 Order. The newly substituted Part 1 amends the entry in relation to Deer so as to correctly refer to the island of Arran. In the newly substituted Part 2, a number of the entries in the table have been amended so as to correctly refer to the current nomenclature for these species. The headings in column (2) of the table in Parts 1 and 2 of Schedule 1 have also been amended to refer to “Scientific name” instead of “Latin name”.