The various regulations.

The Wildlife & Countryside Act 1981 | Game Act | Habitats | CITES | EC 338/97 & 1808/01 | USA | Canada | Others |

Numerous laws, regulations, statutory instruments and agreements cover the trade in natural history specimens be they live, dead, preserved, derivatives of or manufactured from. To acquaint yourself fully with all these regulations would take a long time and I am certainly not going to insist that you do. I will however recommend that you read these short precise on each law. If nothing else it will familiarize you with the basics - something you will find necessary.

Let us first deal with domestic legislation - that which belongs to the countries making up the U.K. Since devolution, Scotland has taken the lead and accepted the basics of the old UK legislation, with a few amendments. England, Northern Ireland & Wales work with The Wildlife & Countryside Act 1981 - Scotland took on this legislation with amendments and passed The Nature Conservation (Scotland) Act which amended Part 1 of The WCA and later, The Criminal Justice (Scotland) Act 2003 which amended quite a lot and included updates which The CRoW Act brought to England.

As far as trading in taxidermy or operating as a taxidermist is concerned, these amendments make little difference whether you operate north or south of the border. The basics are the same and described below as one.

The Wildlife & Countryside Act 1981; The Nature Conservation (Scotland) Act ; The Criminal Justice (Scotland) Act 2003

All are domestic legislation and the The WCA 1981 was the first Act that actually controlled the trade (and those trading) in protected species. When the Act first took effect, all those trading in protected bird species had to register with the then Dept' of the Environment (DoE) as "Registered sellers of Dead Birds" (RSDB). It was a system whereby taxidermists; dealers; Auction houses etc had to record any purchase or sale of such a species and issue a DoE tag (an individually numbered transparent sticker) with each specimen sold. This scheme was discontinued in 1995 and replaced by a system of General Licenses which still exist today.

The Acts themselves protect all species of Birds (except the feral pigeon & Wood pigeon); certain Mammals; Reptiles/Amphibians; Insects & plants etc which are listed on various Schedules. Whatever the species, if it is protected (and therefore appears on one of the Schedules) it will require a licence for commercial purposes. As far as Birds are concerned, they fall under the General Licence's and all that is required of a trader is that you record all details of acquisition, individually log each specimen and advise DEFRA European Wildlife Division of any sale within each calendar year. Each sale must also be accompanied with proof of legal acquisition. Failure to do so may lead to prosecution under the Act. Where mammals, Reptiles, Amphibians etc are concerned, those protected will be listed under Schedule 5 of the Act and will require an individual licence to cover the sale (whatever the age). With effect from 01/01/2008 a new General Licence has been issued by Natural England (WML Gen-L028) which covers 2 mammal species (Red Squirrel and Pine Marten). Therefore no further licence is required for those species. (See Habitats Regulation regarding Bats; Dormouse; Otter & Scottish Wild Cat)

Various amendment have increased Police powers and custodial sentences but have not altered the way the trade should be operated. This also applies to The Countryside & Rights of Way Act 2000 (CRoW).

Game Act 1831

Another piece of domestic legislation that effects those selling Game birds - such as Partridge (both species); Pheasant; Black Grouse; Red Grouse etc. The Act allows the sale of these species only during the open season and for a period of 10 days immediately after the end of that season.(Check dates under "Close seasons"). This means that selling such species outside of these dates is not allowed - and that also means Taxidermy specimens. There is no provision within the Act to grant General licenses or exemptions. Technically speaking all taxidermists selling "Game" species require a Licence to sell game available from the Post Office.

The proposed reform will:- 1) Remove the restriction to sell and deal in game & venison during the close season which will allow for the lawful selling of game all year round; 2) remove the require for a licence to kill or take game & 3) remove the requirement for two licenses for game dealers to sell game. THIS IS RELEVENT TO ENGLAND & WALES ONLY -NOT SCOTLAND

More guidence is available at www.businesslink.gov.uk/gamelicensing

Other quarry species such as Coot; Mallard; Pintail; Snipe; Teal; Woodcock etc are covered under the WCA and are not affected by this Act.

NOTE : This took effect 1st August 2007 (England & Wales only) (Members - see legal changes)

The Conservation (Natural Habitats) Regulation 1994

Please excuse my flippancy - but at present this is a joke. It came into force in the UK in 1994 but was never really enforced until amendments were made in 2004 . Those amendments made it an offence to be in possession of a species listed on The European Protected Species list (EPS) if that specimen was acquired after 1994. Yes - they even backdated it ten years. Species included on the EPS include European Otter (Lutra lutra); All UK Bats; S.W.Cat (Felis sylvestris); & European Dormouse ( Muscardinus avellanarius) among others. So all the hundreds or probably thousands of people that have purchased or had mounted such a specimen in the past 13 years would have been committing an offence??. . Needless to say DEFRA and also Scottish Executive have since had new consultation documents out to amend this regulation. The amendments are as follows:- (not that they change an lot)

The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007

came into force (in Scotland only) on 15th February 2007 and therefore it is now an offence (in Scotland) to be in possession of a specimen of a species listed EPS (including those mentioned above) which was originally acquired (date of death) after 10th June 1994* - unless you have a licence.(The bit they forgot the first time around). Taxidermists , members of the public, wildlife groups, Museums and even Police forces** (nobody escapes this one) now find themselves needing a licence for something they found or bought up to 13 years ago. Realistically not every one will read this or the Government blurb (wherever that is) - not even if they put a full page spread in every newspaper for a month will they find every single specimen. Therefore goodness knows what will happen if you discover such a specimen in the attic in ten years time or you read this for the first time in 2010.

* Scotland has also removed those same species from The WCA Schedule 5, so you will no longer be required to get a licence to sell such a specimen under the W. C. Act Schedule 5 - which you would think makes things easier - however you will now need a licence under the Conservation (N.H.) Scotland as amended to SELL any wild taken EPS species regardless of age - so the status quo prevails.

** Police forces will be allowed to be in possession in the event of an investigation.

JUST TO CLARIFY.

The situation as it stands is if you have a specimen, dead, alive or a part of, that died after 1994, go get a licence to possess as soon as you can. We are not interested in specimens that died before 1994 - so one that you purchased in 2000 that was mounted in 1993 or 1883 is not involved.(it may require a licence under another piece of legislation but not this one). Habitats Licenses are applied for by writing to:- Susan Turpie, Landscape and Habitats Division. Scottish Executive. 1H South, Victoria Quay, Leith, Edinburgh. EH6 6QQ. Tel:   0131 244 4415. We will add more info as it comes to light.

 

In Scotland the following will apply:- for specimens taken from the wild within the EC and listed Annex 1V of the Habitats Reg.

For specimens originally acquired (Date of death) POST 1994 but before 15/02/2007, a licence will be required under the Habitats Reg. to POSSESS a specimen listed EPS (European Protected Species list). (As stated this inc. Otter, All UK Bats; Dormouse & Scottish Wild Cat and included all parts and derivatives)

For specimens originally acquired (Date of death) POST 1994 but before 15/02/2007, a licence will also be required under the Habitats Reg. to SELL a specimen listed EPS (European Protected Species list). (This will probably only be granted for Educational/Scientific purposes)

For specimens originally acquired (Date of death) PRIOR to 1994 - NO licence will be required under the Habitats Reg to POSSESS the item but a licence may be required to SELL it.

For specimens that died after 15/02/2007 - it will be illegal to have them in your possession - other than special licenses issued to some Museums; Full members of The Guild of Taxidermists (England/Wales only at present) and Educational establishments.

NOTE: Some species, including Otter (Lutra lutra) and Scottish Wild Cat (Felis sylvestris) if originally acquired after 1947, will also require an Article 10 licence to sell the specimen under EC Regs 338/97 (as amended).

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

ENGLAND/ WALES the law came into force on 21/08/2007

In ENGLAND & WALES and we understand Northern Ireland will follow suit, the following will apply:

NOTE: Relevant to all the UK - Some species, including Otter (Lutra lutra) and Scottish Wild Cat (Felis sylvestris) if originally acquired after 1947, will also require an Article 10 licence to sell the specimen under EC Regs 338/97 (as amended). Yes you got it- to sell a specimen acquired after 1994 you will require a licence to possess and 2 licences to sell it (one of which you probably will not get unless for educational purposes). Now that is bloody stupid - but it's the law.

 

The Convention on International Trade in Endangered species of Wild Fauna & Flora (CITES).

CITES is an International agreement restricting (or controlling) trade in endangered species, including their parts and derivatives. The regulation of trade is based on a system of permits which may only be issued where certain criteria is met. The species to which the regulation applies are listed in various Appendices. Appendix 1 being species considered to require the highest level of protection such as Tiger; Elephant etc down through Appendix 11 (including all birds of prey otherwise not listed under Appendix 1) & 111 including species such as Teal (Anas Crecca) ; Widgeon etc. The various lists run into thousands of species and the international movement of a listed species is therefore subject to control. It is worth pointing out that in this context Europe (the countries making up the EU) is considered as one country. Therefore movement of species between Europe and for example the United States is controlled as above, however movement of species between for example England and France is not subject to Import/Export permits. Why is this, I hear you say? - The movement within the EU is regulated by various EC Regulations listed below.

EC Regulations 338/97 (now 1332/05); EC Regulations 1808/01.

Council Regulation 338/97 (now 1332/05) first applied in the UK in 1997 along with its sister regulation EC 987/97 (now 1808/01). Both these regulations have periodically been updated. They set out the rules for the Import, export, sale and movement of CITES species. 338/97 lists the species covered whilst 1808/01 covers the rules applied to the trade. Their purpose was to implement the International agreement of CITES within the EC.

The species to which the legislation applies are listed in 4 "Annexes". Annex "A" being species considered to require the highest level of protection down to Annex "D" containing non-CITES species that have been Imported into the EU in sufficient numbers to warrant monitoring.

As far as trade within the UK or the European Union is concerned, Annex "A" is the all important one. The sale; advertising for sale; keeping for sale; offering for sale; transporting for sale or any commercial gain from a species listed Annex "A" will require an Article 10 licence. The species covered under this Annex coincide with all those listed CITES Appendix 1 and some of Appendix 11 - which means not only the obvious such as Tiger & Elephant are covered but all European Birds of Prey and Owls along with many foreign species. This means that it is an offence to sell or purchase a Sparrowhawk (Accipiter nisus) ; Kestrel (Falco tinnunculus) or Barn Owl (Tyto alba) and any other European Bird of Prey etc without an Article 10 licence.

 

Other regulations (International)

When dealing with other countries it is paramount that you are aware of their domestic regulations. Nowhere is it more obvious than the United States of America or Canada. If during the course of your business you are exporting taxidermy specimens to such places, CITES is not the only hurdle you must jump. The minute your parcel arrives at its destination, it could be subject to one or more of the following regulations:-

The United States of America

The Endangered Species Act (ESA) - USA

More than a thousand species are listed under this act and with limited exceptions none may be imported (or exported) - either as live, dead, as parts or products or as hunting trophies. Some of the exceptions are for certain antiques (More than 100 years old); Scientific research; breeding or similar acceptable purposes that contribute to the species conservation. In these case a system of permits is in place. Before you send anything to the USA, check its not on the ESA (otherwise it will be confiscated). You can check with us or The U.S.Fish & Wildlife Service on their web site (www.fws.gov) and spend many hours navigating your way around it.

The Migratory Bird Treaty Act (MBTA) - USA

This is a beauty - basically it prohibits the trade or possession of a listed bird by a US citizen/resident. Don't bother sending a Barn Owl (Tyto alba) to the US - it is listed MBTA and will be confiscated on arrival. A Tawny Owl (Strix aluco) however is not listed. It is surprising how many bird species common to us in the UK are so listed. Species such as Magpie (Pica pica) ; Swift (Apus apus) ; Wren (Troglodytes troglodytes) and many more are listed MBTA and are therefore a No No. A lot of wildfowl/game birds are also listed but permits are available for trade in such species, providing the same species are able to be hunted within the US. The European Woodcock (Scolopax rusticola) although a game bird over here, is not hunted in the US (so far as the USF&W Service is aware) - therefore don't bother sending one.

NOTE: This Act is at present subject to public consultation - certain changes to the listings are proposed. Some species will be added, and one or two may be removed. We will update the listings as soon as we know.

The Marine Mammal Conservation Act - USA

I doubt many Whales are sent to the US - but their derivatives are affected by this act - along with Seals; Porpoises, Walrus, Sea Otters and Polar Bears. - Again permits may be required for Import purposes.

The US Bald & Golden Eagle Act (USBGEA) - USA

Quite simple really - Don't bother sending species or derivatives of:- Bald Eagle (Haliaetus leucocephalus) or Golden Eagle (Aquilla chrysaetos) -possession is a No No - even antiques.

The Lacey Act - USA

An enforcement tool which states it is a violation of Federal law to Import, export, transport, sell, receive, acquire or purchase in interstate or foreign commerce any wildlife that was taken, transported, possessed or sold in violation of any State or foreign Law . Not only could you find a specimen or whole shipment being confiscated - your client (or you) may ultimately have to face the consequences - Fines etc.

Canada

The Migratory Bird Conservation Act (MBCA) -Canada

Canada's version of the US MBTA - most of the species listed are similar with one or two differences. One being there are no birds of prey or Owls - these species are however covered by SARA

The Species at Risk Act (SARA) - Canada

Birds of prey and many other species are so listed and may require if allowed, permits. However Canada is split into Provinces and each Province has its own set of rules. Your final destination maybe important.

Many other countries have import requirements - unless you wish to risk losing your (or your clients) item - it is always worth checking. We are in contact with Management Authorities all over the world. When first starting this idea we found many web sites confusing - producing regulations word for word, that's if you can find them. Far better to get the personal touch and talk to them directly. We now have many contacts, some have become friends, that are willing to help us operate in the correct way. For a small fee we will help you navigate the world of taxidermy, its regulations and its pleasures.

 

This company or individual cannot accept any responsibility for information given that is either misinterpreted by the author or the recipient and which is based either on experience gained or a matter of law where the precedence is yet to be decided by a court of law. Any information or guidence given is purely an opinion, therefore it is recommended that accredited legal advise is sought where appropriate.