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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.
Scottish Statutory Instruments
2012 No. 206
Wildlife
The Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Amendment Order 2012
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 1981(1), and all other powers enabling them to do so.
In accordance with section 26(4A) of the Wildlife and Countryside Act 1981(2), they have consulted Scottish Natural Heritage and any other person appearing to them to have an interest in the making of the Order.
Citation, commencement and interpretation
1.-(1) 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.
(2) In this Order, "the 1981 Act" means the Wildlife and Countryside Act 1981.
Amendment of the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012
2.-(1) The Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012(3) is amended in accordance with the following paragraphs.
(2) In articles 2 and 3, for "Latin" substitute "Scientific".
(3) For Parts 1 and 2 of Schedule 1, substitute Parts 1 and 2 which are set out in the Schedule to this Order.
RICHARD LOCHHEAD
A member of the Scottish Executive
St Andrew's House,
Edinburgh
21st June 2012
Article 2(3)
SCHEDULE
"PART 1Types 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 2Types 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 | Sander lucioperca |
| 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".
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).
Section 26(4A) was inserted by section 17(6) of the 2011 Act.
S.S.I. 2012/174.