Conservation _Natural Habitats_c

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Conservation _Natural Habitats_c Powered By Docstoc
					    Wildlife & Countryside Act 1981 (as amended) and
    Conservation (Natural Habitats) Regulations 1994 (as amended)


    Application to Sell Protected Species:
    Animals or Plants (Dead or Live)
    Please complete this application form using dark ink and BLOCK CAPITALS.                 Wildlife Licensing Unit
                                                                                              Natural England
    Please ensure that you answer questions fully in order to avoid delays. The
                                                                                              Burghill Road,
     completed application should be sent to Natural England (details to right). Note you     Westbury-on-Trym
     can complete this form electronically and email it to us.                                Bristol BS10 6NJ
    Please refer to the annex of the application form for further details regarding which    T. 0845 601 4523
     species require sale licences.                                                           F. 0845 601 3438
                                                                                              wildlife@naturalengland.org.uk
    Natural England will aim to determine whether a licence should be issued within 15
     working days of receipt of a completed application form.
    If you experience any problems filling in this form, please contact the Wildlife
     Licensing Unit.


This application form is not to be used for the sale of birds. Anyone wishing to sell wild
birds should initially refer to the relevant General Licences which are available on the
Natural England website
http://www.naturalengland.org.uk/ourwork/regulation/wildlife/licences/generallicences.aspx


A licence is required to sell any live or dead wild animal or plant, including derivatives,
listed on Schedule 5 or Schedule 8 of the Wildlife and Countryside Act 1981 (as
amended). General Licences exist which allow the sale of certain amphibians and certain
wild animals (pine marten and red squirrel) in particular circumstances.

A licence is required to sell any species, including derivatives, listed on Schedule 2 or
Schedule 4 (known as European Protected Species) of the Conservation (Natural
Habitats) Regulations 1994 (as amended). There is a presumption against issuing
licences to allow the sale of European Protected Species which were taken from the wild
since these Regulations came into force (June 1994) unless that sale contributes to
purposes such as science, education or conservation of the species.

A licence is required to sell any species, including derivatives, listed in Annex IV(a),
Annex IV(b) or Annex II(b) (other than any bryophyte) to the Habitats Directive if it has
been taken from the wild in the European territory of a member State, being territory to
which the EC treaty applies, on or after 10 June 1994 (or if the member State from which
the EPS was taken joined the EC after that date, the date it became a member State).
There are exemptions for certain species and populations. For further details refer to the
legislation The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007
The Defra website http://www.defra.gov.uk/wildlife-countryside/protection/bird-
habitat/amend.htm contains Guidance for possession, transport, sale and exchange of
Annex IV(a) species and includes list of all Annex IV(a) species.

A licence is not required under the Wildlife and Countryside Act 1981 or under the
Conservation (Natural Habitats) Regulations 1994 to sell captive bred animals or
cultivated plants.

    Part A. The Applicant: Personal Details

     1. (a) Name of applicant.
     Title (e.g. Mr, Mrs, Ms) Forename                                        Surname


     (b) Address


                                            Town

    WML-A38 (09/09)                                          1
                                      County                                   Postcode

 Daytime telephone number:                              Mobile number:

 Par

 Fax number:                                            Email address:




 Part B. Details of specimen(s) you wish to sell
 (If selling a large collection of different species e.g. butterflies please list further details on Annex 2
 on page 7)

 2a)
             Species                                           Origin and description of the specimen(s) including
            (common     Taxonomic name         Number       information regarding age, date and location taken (or to
              name)                                                          be taken) from the wild




 2b) Have any of the specimens described above been taken (or will be taken) from a National Nature
     Reserve or SSSI

          Yes
          No
          Not known

       If Yes, you will have to provide separate confirmation that you have/had consent to take the
       specimen from the wild or a written explanation as to why consent was not required (e.g.
       specimen taken from the site prior to notification)
       Please note, that if you have selected ‘not known’ you will need to confirm in Part D of this
       application form that, to the best of your knowledge that the specimen has been legally taken from
       the wild.

 2c)    Please provide a written justification as to why you wish to sell the above specimen(s).




Applications to sell bluebells
If you are applying for a licence to sell bluebells Hyacinthoides non-scrpita you will need to supply a
separate document which describes the collection methodology .This will include a map of the collection
site, including a 6 figure grid reference. The applicant will need to provide evidence to confirm that the
material to be sold is solely native bluebell material. For further details please contact the Wildlife
Licensing Unit at the above address.

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 PART C European Protected Species

 3    Please complete Part C only if the specimens you are proposing to sell are listed as European
      protected species or are listed on Annex IV or Annex II(b) of the Habitats Directive . Details of
      the species included on these lists are given in Annex 1 of this application form.

      Please tick one box to indicate the purpose of the sale licence application.

         Science or education
         Conserving wild animals or plants or introducing them to particular areas
         Protecting a zoological or botanical collection
         Other imperative reasons of overriding public interest

 4    Satisfactory Alternatives
      In order to grant a licence we must be satisfied that there is no satisfactory alternative to the sale of
      the specimens. Please provide details of the alternatives that have been considered and the
      reasons why they have been discounted (i.e. Why do you need to sell the specimens rather than
      donate or give them away?). Note: Natural England makes the assumption that sale includes hire,
      barter and exchange.




 5.   CITES
      Please note that if the specimen is subject to the Convention on International Trade in Endangered
      Species of Wild Fauna and Flora you will need an Article 10 certificate. (Further information can be
      found at www.ukcites.gov.uk) See Annex 1 of this application form for a list of European protected
      species which require an Article 10 certificate.
      Where an Article 10 certificate is required to sell a specimen in addition to a licence under the
      Wildlife and Countryside Act and/or the Conservation (Natural Habitats) Regulations then you
      should apply initially to Natural England only and we will liaise directly with Animal Health regarding
      the Article 10. You may have to complete another application form in connection with the Article 10
      certificate.

      Have you already applied for an Article 10 certificate in relation to the specimen(s) you wish to sell?
      Yes      No

 6.   Possession
      Please note that you should normally have a possession licence for possessing a live or dead wild
      animal or plant, including derivates, of a species listed as a European Protected Species or listed on
      Annex IV or Annex II(b) of the Habitats Directive if it was taken from the wild since June 1994. An
      application form WML-A37 can be downloaded from our Internet at
      http://www.naturalengland.org.uk/ourwork/regulation/wildlife/licences/applicationforms.aspx

      Please give your possession licence number


      (This number is written on the top right hand side of the licence)
      If you do not have a possession licence please state whether you are holding a specimen under a
      General Licence of whether you are in the process of applying for a possession licence.




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Using and sharing your information
  The data controller is Natural England, Northminster House, Peterborough, PE1 1UA.
  Your information will be stored and processed in accordance with the Data Protection Act 1998. This
  Act gives you, as an individual, the right to know what data we hold on you, how we use it, with whom
  we share it and for it to be accurate. It will be used for processing your application.
  Natural England or its appointed agents may use the name, address and other details on your
  application form to contact you in connection with occasional customer research aimed at
  improving the services that Natural England provides to you. We will respect personal
  privacy, whilst complying with access to information requests to the extent necessary to
  enable Natural England to comply with its statutory obligations under the Environmental
  Information Regulations 2004, and the Freedom of Information Act 2000.
  If you believe that any of the information we hold concerning you is incorrect or out of date, please
  provide us with the accurate information in writing with supporting evidence (if appropriate). You
  should address your correspondence to: Natural England, Wildlife Licensing Unit, Burghill Road,
  Westbury-on-Trym, Bristol. BS10 6NJ. Tel: 0845 601 4523; Fax 0845 601 3438; Email
  Wildlife@naturalengland.org.uk

Part D    Declarations

 Have you, or any persons named in this form, been convicted of any
 wildlife-related or animal welfare offence?                                    Yes             No

 If YES, please give
 details, including
 dates

  I declare that the particulars given are correct to the best of my knowledge and belief, and I apply for a
  licence in accordance with these particulars.
 I confirm that all species specimens mentioned in this application form have, to the best of my knowledge,
 been legally obtained from the wild.

Signature of applicant
                                                                         Date

 For applications submitted via email please insert an electronic signature above or tick this box
 to confirm agreement with this declaration
 Name in
 BLOCK LETTERS


                                                WARNING
  Under the Conservation (Natural Habitats) Regulations 1994 (as amended) it is an offence to fail to
   comply with the terms and conditions of licence. The licensee is responsible for ensuring
   compliance with the licence.
  The Secretary of State can modify or revoke at any time any licence that may be issued but this
   will not be done unless there are good reasons for doing so. Any licence that is issued is likely to
   be revoked immediately if it is discovered that false information had been provided which resulted
   in the issue of a licence.
  Under the Wildlife and Countryside Act 1981 and the Conservation (Natural Habitats) Regulations
   1994(as amended), any person who in order to obtain a licence knowingly or recklessly makes a
   statement or representation, or furnishes a document or information which is false in a material
   particular, shall be guilty of an offence and may be liable to criminal prosecution. Any person
   found guilty of such an offence may be liable to a fine not exceeding level 5 on the standard scale
   (currently £5000).

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Annex 1
                           EUROPEAN PROTECTED SPECIES OF ANIMALS

                    Conservation (Natural Habitats) Regulations 1994 (as amended)

                              Common name                           Scientific name
             Bats, Horseshoe (all species)                   Rhinolophidae
             Bats, Typical (all species)                     Vespertilionidae
             Butterfly, Large Blue                           Maculinea arion
             Cat, Wild                                       Felis silvestris
             Dolphins, porpoises and whales (all species) Cetacea
             Dormouse                                        Muscardinus avellanarius
             Frog, Pool                                      Rana lessonae
             Lizard, Sand                                    Lacerta agilis
             Moth, Fisher’s Estuarine                        Gortyna borelii lunata
             Newt, Great Crested (or Warty)                  Triturus cristatus
             Otter, Common                                   Lutra lutra
             Snail, Lesser Whirlpool Ram’s-horn              Anisus vorticulus
             Snake, Smooth                                   Coronella austriaca
             Sturgeon                                        Acipenser sturio
             Toad, Natterjack                                Bufo calamita
                                                             Caretta caretta
                                                             Chelonia mydas
             Turtles, Marine                                 Lepidochelys kempii
                                                             Eretmochelys imbricata
                                                             Dermochelys coriacea

             In addition a licence is also required to sell the following species regardless of when
             they were taken from the wild.
             Large copper butterfly (Lycaena dispar)
             Common lizard (Lacerta vivipara)

                            EUROPEAN PROTECTED SPECIES OF PLANTS

                      Common name                                Scientific name
             Dock, shore                        Rumex rupestris
             Fern, Killarney                    Trichomanes speciosum
             Gentian, Early                     Gentianella anglica
             Lady’s slipper                     Cypripedium calceolus
             Marshwort, Creeping                Apium repens
             Naiad, Slender                     Najas flexilis
             Orchid, Fen                        Liparis loeselii
             Plantain, Floating-leaved water    Luronium natans
             Saxifrage, Yellow Marsh            Saxifraga hirculus




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       The sale of the following species are subject to CITES Article 10 requirements

                      Common Name                               Latin Name

          Animal
          Adder, Field                              Vipera ursinii
          Bear, Brown (grizzly)                     Ursus arctos
          Boa, Caucasian Sand                       Eryx jaculus
          Butterfly, Apollo                         Parnassius apollo
          Butterfly, Corsican swallowtail           Papilio hospiton
          Chamois, Southern                         Rupicapra pyrenaica ornate
          Dolphin                                   Cetacea (all)
          Lizard, Balearic                          Podarcis lilfordi
          Lizard, Hierro Giant                      Gallotia simonyi
          Lizard, Ibiza Wall                        Podarcis pityusensis
          Lynx, Eurasian                            Lynx lynx
          Lynx, Spanish                             Lynx pardinus
          Mouflon                                   Ovis orientalis ophion
          Mussel, European Date                     Lithophaga lithophaga
          Otter, Common                             Lutra lutra
          Porcupine, North Africa crested           Hystrix cristata
          Porpoises                                 Cetacea (all)
          Seal, Mediterranean Monk                  Monachus monachus
          Sturgeon, Adriatic                        Acipenser naccarii
          Sturgeon, Atlantic                        Acipenser sturio
          Tortoise, Hermann's                       Testudo hermanni
          Tortoise, Marginated                      Testudo marginata
          Tortoise, Spur-thighed / Common           Testudo graeca
          Turtle, Atlantic Ridley                   Lepidochelys kempii
          Turtle, Green                             Chelonia mydas
          Turtle, Hawksbill                         Eretmochelys imbricata
          Turtle, Leatherback                       Dermochelys coriacea
          Turtle, Logger head                       Caretta caretta
          Whales                                    Cetacea (all)
          Wildcat                                   Felis silvestris
          Wolf, Common (grey wolf)                  Canis lupus

          Plant
          Euphorbia                                 Euphorbia nevadensis
          Orchid                                    Orchidaceae




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Annex 2

       Species                              Origin and description of the specimen(s) including information
      (common     Taxonomic name   Number    regarding age, date and location taken (or to be taken) from
        name)                                                           the wild




WML-A38 (09/09)                             7