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Consultation on Amendments to the Scottish Executive General Licences Under the Wildlife and Countryside Act 1981

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SEGEN 15

Wildlife and Countryside Act 1981

Licence to Sell Feathers and Parts of Certain Dead Wild Birds

Purpose

The purpose of this proposed licence is to allow parts of dead birds to be sold, which would otherwise not be permitted to be sold during the closed season for those birds. In particular it permits:

(i) the sale, offer or exposure for sale, possession or transport for the purpose of sale, and

(ii) the publication or the causing to be published of any advertisement likely to be understood as conveying the intention of buying or selling,

of feathers, feathered wings or pieces of feathered skin or anything manufactured, or deriving from, such items from any bird, during the period from 28 February to 31 August 2006, included in Schedule 3 Part III of the Act namely:

Coot

Fulica atra

Duck, Tufted

Aythya fuligula

Mallard

Anas platyrhynchos

Pintail

Anas acuta

Plover, Golden

Pluvialis apricaria

Pochard

Anas ferina

Shoveler

Anas clypeata

Snipe, Common

Gallinago gallinago

Teal

Anas crecca

Widgeon

Anas penelope

Woodcock

Scolopax rusticola

Appropriate legal terms and references will be inserted.

Draft Conditions

1. This licence only applies to the sale of any part or product of a small number of dead birds that were:

(a) bred in captivity. A bird shall not be treated as being bred in captivity unless its parents were lawfully in captivity when the egg from which it hatched was laid. Documentary evidence of captive breeding must accompany any sale,

or

(b) removed from the natural state within the United Kingdom under legal provisions in force in the United Kingdom. Documentary evidence that the bird was legally removed from the natural state must accompany the sale.

2. Any person who sells a part or product of such a dead bird, under this licence ("the seller") shall keep a record ("the record"), for a minimum of two years from such sale. The record shall contain details of;

(a) the person from whom the seller acquired the bird or part or product of such a bird;

(b) the person to whom the part or product of such a bird was sold; and

(c) the species of the bird sold, the cause of death (if known) and the age of the bird.

3. The seller must certify the record as accurate.

4. The seller shall, on being given reasonable notice in writing by the Scottish Ministers, produce the record to a person authorised in writing by the Scottish Ministers and the seller shall also permit such authorised person to inspect the record.

5. The seller shall submit to the Scottish Ministers by 31 December of each year a report giving details of any sale by him in that year of any part or product of such a dead bird which in either case has not previously been sold. The report shall also:-

(a) state how the seller acquired each such bird or part or products of such a bird;

and

(b) list the type and number of each species sold.

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Page updated: Thursday, January 4, 2007