UK Exotic Animal Amnesty Deadline Looms
On 21st November an amnesty currently being enjoyed by keepers of many species of animal will come to an end. On that date anyone who has in their possession any European Protected Species, (EPS), such as a Dormouse,
Great Crested Newt, Common Lizard, Smooth Snake, or a Wild Cat, and who does not have a licence to keep it, is breaking the law and liable to a fine of up to £5000 or even imprisonment.
Captive bred animals, animals acquired before June 1994, and animals captured outside the EU are exempt from the licensing requirement. However, the law presumes that the animal in question has been taken from the wild and that, if prosecuted, it is for the defendant to show that it was captive bred.
On 21 August 2007 an amendment to the Conservation Natural Habitats Regulations 1994 [.pdf] came into force.
The Department for Environment Food and Rural Affairs, (Defra) granted a period of three months after the Regulations came into force to allow people time to obtain licences. After that period (21st November), it will be an offence to possess Annex IV or Annex II(b) species, (see Regulations link) without a licence unless a relevant defence applies.
There is concern within the exotics sector of the pet industry that the burdon of proof of a 'relevant defence', lies with the keeper. Many will be unable to prove through documentation, that their animals do not require licensing.
They find themselves in something of a cleft stick. The enforcing organisation for this Regulation is the conservation body Natural England. It appears that Natural England is not inclined to grant licences to private individual animal keepers. In any case its stringent licensing criteria are unlikely be met by most keepers.
Some are concerned that far from conserving captive species, worried keepers may simply decide that the risk of prosecution is too great and dispose of their animals. Should they decide to do this, they will need to 'dispose' of them well because a licence is also required if you want to keep the preserved body or body-part of a protected animal.
Additionally there are concerns that some keepers of exotics may not seek veterinary advice or treatment for their animals when needed because they risk exposing their unlicensed animals to the authorities.
A vigorous campaign against the legislation is underway led by the exotics lobby group Pro-Keepers Lobby.
The presumption that, in any proceedings for an offence under regulation 39(2), the , or the animal from which the relevant part came, or thing was derived, had has been retained. It is , if prosecuted for possessing etc. Annex IV(a) species under this regulation, that the specimen in question did not originate from the wild (e.g. it was ).
Individual Licences Those not covered by a general licence will need to apply for an individual licence. Individual licences for possession, transport, sale or exchange may be issued for the following purposes: • scientific (including research) ; • educational ; • for conserving wild animals and/or introducing them to particular areas; • for the keeping of wild animals under strictly supervised conditions, on a selective basis and to a limited extent and in limited numbers. If you wish to apply for a specific licence, you must complete the required application form. It is important to provide full details as to how and when the specimen was taken from the wild and how it came into your possession. If granted, the licence will be issued to a named individual. Others acting on their behalf will need to be referred to in the licence, but may not need to be individually named (e.g accredited agents).
Licence compliance checks
Natural England monitors compliance of licences issued. Licensees should be aware that they may receive a request for a site visit by one of the Wildlife Advisers to assess site conditions against the details given in the Method Statement or other part of the licence. It is possible that Natural England may undertake a site visit prior to the issue of a licence to confirm that the details of the site are accurately stated in the application. The majority of site visits will be arranged several days in advance and will be conducted in the presence of the licensee or applicant.
Exceptions to the offences against European protected species of animals are limited to mercy killing, tending of injured animals and acts carried out on animals bred and lawfully held in captivity