Naturenet: Amphibians and Reptiles and the Law
Amphibians and Reptiles
and the Law
There are six species of amphibian and six species of reptile native to Britain,
These are:
|
| Common frog |
Rana temporaria |
| Common toad |
Bufo bufo |
| Natterjack toad |
Bufo calamito |
| Palmate newt |
Triturus helveticus |
| Smooth newt |
Triturus vulgaris |
| Great crested newt |
Triturus cristatus |
|
| Common (or viviparous) lizard |
Lacerta vivipara |
| Sand lizard |
Lacerta agilis |
| Slow-worm |
Anguis fragilis |
| Adder (or viper) |
Vipera berus |
| Grass snake |
Natrix natrix |
| Smooth snake |
Coronella austriaca |
In addition, five species of marine turtle have been recorded in British waters;
two of these, the loggerhead Caretta caretta and the leatherback Dermochelys
coriacea are recorded sufficiently frequently that they are considered by some
to be native species.
All of the native species (and all species of marine turtle) receive some degree
of protection through the Wildlife
and Countryside Act 1981
(as amended).
There have been two alterations to the Schedules to this Act which have increased
the level of protection since it was originally passed (these occurred in
1988 and 1991). There are three different levels of protection afforded to
our amphibians and reptiles through the Wildlife and Countryside Act 1981;
this results from different parts of Section 9 of the Act applying to the
different species (as specified in Schedule
5).
This applies to the great crested newt, natterjack toad, sand lizard and smooth
snake and to all species of marine turtle (i.e. the families Dermochelyidae
and Cheloniidae) when found in British waters. All parts of Section 9 apply.
This prohibits the intentional killing. injuring or taking (capture. etc);
possession; intentional disturbance whilst occupying a 'place used for shelter
or protection' and destruction of these places; sale, barter. exchange. transporting
for sale and advertising to sell or to buy.
This level of protection applies to the four widespread species of reptile,
namely the common lizard, slow-worm, grass snake and adder. Only part of
sub-section 9(1) and all of sub-section 9(5) apply; these prohibit the intentional
killing and injuring and trade (i.e. sale, barter, exchange, transporting
for sale and advertising to sell or to buy). It is not an offence under the
Wildlife and Countryside Act 1981 to possess these animals.
The four widespread species of amphibian, the smooth and palmate newts, the
common frog and common toad, are protected only by Section 9(5) of the Wildlife
and Countryside Act 1981. This section prohibits sale, barter, exchange,
transporting for sale and advertising to sell or to buy. Collection and keeping
of these widespread amphibian species is not an offence.
The Wildlife
and Countryside Act 1981 only applies to 'wild animals'; these
are defined as those that are living wild or were living wild before being
captured or killed. It does not apply to captive bred animals being held
in captivity. However, animals in gardens (e.g. newts in garden ponds) and
captive bred animals that have been released to the wild are likely to be
included in this definition.
The Wildlife and Countryside also prohibits the release of non-native species
into the wild (Section 14). This is to prevent the release of exotic species
that could threaten our native wildlife. Some populations of non-native species,
such as the marsh frog Rana ridibunda, alpine newt Triturus
alpestris and wall
lizard Podarcis muralis have become established in the wild in Britain. The
legislation does not prohibit capturing and keeping these animals but it makes
re-releasing them an offence.
There are 'defences' provided by the legislation. These are cases where acts
that would otherwise be prohibited by the legislation are permitted. Notably
these allow things to happen that are reasonable, unpredictable and unavoidable,
such as running over a slow-worm on the road.
All reptiles and amphibians held in captivity are covered by the Protection
of Animals Act 1911 which prohibits cruelty and ill-treatment of animals.
Keeping adders is prohibited , unless licensed by the Local Authority, by
the Dangerous Wild Animals Act 1976. Scientific research is controlled by
the Animals (Scientific Procedures) Act 1986 and this prevents activities
such as toe-clipping unless licensed by the Home Office. Sales of products
made from marine turtles are restricted by the EC Regulation no. 3626/82
which implements the Convention on the international Trade in Endangered
Species of Fauna and Flora (CITES) in the European Union.
This note is intended only as a brief introduction to the law concerning amphibians
and reptiles in Great Britain. Reference should always be made to the full
text of the legislation if more detailed interpretation is needed.
Adapted from notes by Tony Gent of Species Conservation Branch, English Nature.
January 1994.
FROGLAND.
LWT
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