Variations

Adds the Atlantic Stream Crayfish (Austropotamobius pallipes) to Schedule 5, but only in respect of Section 9(1) so far as it relates to taking and in respect of Section 9(5).

The viviparous lizard (Lacerta vivipara), the slow-worm (Anguis fragilis) and the grass snake (Natrix helvetica otherwise known as Natrix natrix) have their existing listing augmented to cover Section 9(1) so far as it relates to killing and injuring.

Removes 2 species from Schedule 5 that are no longer considered to be endangered or likely to become endangered.

Adds to Schedule 5, in respect of Section 9(1), 9(2) and 9(5) only 1 species of animal that is endangered or likely to become so unless conservation measures are taken.

Extends the protection given to one species of animal under Schedule 5.

Adds, to Schedule 8, 78 (35 non-vascular & 43 vascular) species of plant that are endangered or likely to become so unless conservation measures are taken.

Removes from Schedule 8 three species of plant that are no longer endangered or likely to become so.

This implements the spirit of the Council Directive 79/409 on the Conservation of Wild Birds (The ‘Birds Directive’).

The Regulations remove the capercaillie (tetrao urogallus) from Part I of Schedule 2 to the Wildlife and Countryside Act 1981 which contains the list of species which may be hunted in Scotland and place it in Part I of Schedule 1 to that Act which provides greater legal protection to the species by making offences involving the bird punishable by special penalties as described in Section 21 of the Wildlife and Countryside Act 1981.

The Regulations also remove the reference to capercaillie in the definition of “close season”, as set out in Section 2(4)(a) of the above Act, and remove the reference to capercaillie as a bird which may be sold from Schedule 3 of that Act.