This item was published during the term of a previous administration that ended in April 2007
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Wildlife protection powers
01/10/2004
Tough new powers to crack down on wildlife criminals
come into force today.
Scotland's law enforcers will now be able to use the
wide-ranging wildlife protection powers contained in the
Nature Conservation (Scotland) Act 2004.
The measures - including three year prison sentences for
those involved in badger baiting and further protection for
endangered birds, such as capercaillie and white-tailed
eagles - will strengthen the protection given to Scotland's
natural heritage.
Allan Wilson, Deputy Minister for the Environment
said:
"The Scottish Executive has a record of taking tough
action to protect Scotland's natural heritage. Wildlife
and other environmental crime is serious crime. I am
determined to see it dealt with effectively.
"The new Act gives the police, the fiscal service and
the courts new opportunities to work together to protect
Scotland's most vulnerable birds, plants and animals and to
tackle other threats to the natural environment.
"Whales and dolphins, birds of prey, capercaillie and
animals such as otters and wild cats will all benefit. The
provisions also clamp-down hard on acts of cruelty - from
the use of illegal snares to badger-baiting.
"Conserving the rich diversity of the natural world
around us is important to us all. The improved wildlife
protection which comes into force today is part of
Scotland's wider contribution to global conservation
efforts."
The measures coming into force today will include:
- New offences - including offences involving
reckless conduct, the harassment of whales and
dolphins, damage to nest sites and unlawful possession
of pesticides used for poisoning birds of prey and
other wildlife.
- The new Act plugs a loophole which currently allows
egg thieves to keep specimens illegally taken outside
Great Britain.
- Capercaillie get special protection during the
breeding season (Whilst they are engaged in breeding
displays or "lekking").
- New measures to control the use of snares. Snaring
remains legal, but abuse and malpractice will not be
tolerated.
- New measures to address the environmental and
economic damage caused by invasive non-native species,
including fines of up to £40,000.
- Improvements to the Protection of Badgers Act 1992,
inc. three year jail terms for the most serious
offences involving cruelty, such as badger digging and
badger baiting.
- An extension (to three years) to the time-limit
within which prosecutions have to be brought.
The Nature Conservation (Scotland) Act 2004 was passed
unanimously by the Scottish Parliament on May 5, 2004 and
received Royal Assent on June 11, 2004.
The measures brought into force today are contained in
Part 3 of the Act. The remaining parts of the Act
(including, in particular, provisions dealing with a new
biodiversity duty and with Sites of Special Scientific
Interest) will be brought into force later in the year.
The Act adds to a number of wildlife crime measures
already contained in the Criminal Justice (Scotland) Act
2003. The 2003 Act provided the police with a new power of
arrest in wildlife crime cases and gave courts the option
of imposing custodial sentences on wildlife criminals.