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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 16

Wildlife and Countryside Act 1981

Licence to Sell Dead Birds

Purpose

The purpose of this proposed licence is to allow for the sale of dead birds. Specifically, it permits:

(a) the sale of, offering for sale, exposure for sale, or possession or transporting for the purpose of sale; and

(b) the publishing of, or causing to be published, any advertisement likely to be understood as conveying that any person to whom this licence applies buys or sells or intends to buy or sell,

any dead wild bird, or any part of, or anything derived from such a dead wild bird, other than a wild bird of the following species;

(1) those species included in Part 1 of Schedule 2, to the 1981 Act;

and

(2) the barnacle and white-fronted goose,

except in the case of those species where there is proof that they were bred in captivity.

Draft Conditions

1. This licence applies only to the sale of dead birds, or any part or product of such dead birds, that:

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

(b) originated from a Member State of the European Union and were lawfully removed from the natural state under legal provisions in force in that Member State or with the approval of competent authorities of that Member State. Documentary evidence that the bird was lawfully removed from the natural state must accompany any sale, hire, barter or exchange.

2. The vendor of, any dead bird, parts of, or anything derived from such a dead bird, to be sold under this licence shall keep a record of all sales. This record must contain details of:

(a) the person(s) from whom the birds were acquired, and the person(s) to whom they were sold;

(b) the species of the birds sold, the cause of death (if known), and the age of the specimen (if the specimen is over 30 years old this should be noted), and the date of acquisition.

3. The vendor must certify that the record is accurate.

4. The vendor 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 dead bird, or part or product of such a dead bird which in either case has not previously been sold. The report should also:

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

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

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

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Page updated: Thursday, January 4, 2007