1.1 A number of organisations have identified the need for a review of the species protection legislation in Great Britain (WCL 1997). These proposals have been made in the context of a wider review of wildlife legislation, notably the ongoing consultation by the Department of the Environment Transport and the Regions (DETR) and the Scottish Office, on the future of wildlife site protection (DETR 1998; SO 1998). The Joint Nature Conservation Committee (JNCC) has been asked by DETR to review the effectiveness of Schedules 5 and 8 of the Wildlife & Countryside Act 1981 (as amended)(hereinafter referred to as "the Act") in conserving threatened species in Britain. The following is an extract from the DETR consultation document Sites of Special Scientific Interest: Better Protection and Management:

 

"The JNCC has been asked to undertake a review of the rationale behind the listing of threatened species on Schedules associated with Part I of the 1981 Act. With the growth of a successful partnership approach to wildlife conservation, championed by biodiversity species action plans, it has been suggested that this route, or a combination of the two, may in some way improve upon the current practice of statutory prohibitions of the intentional killing, injury, taking and disturbance of endangered species. The JNCC is likely to report its conclusions to Government early in 1999.

 

The Government has also indicated that it is sympathetic to the majority of the recommendations put forward by the Partnership for Action Against Wildlife Crime (PAW). Following a detailed response to the recommendations, a number of which would help protect native plants and species (sic), the Government will consider a suitable opportunity for legislation, if that is the preferred option."

 

1.2 The Wildlife Charter, produced by Wildlife and Countryside Link (WCL) and endorsed by 22 Non-Governmental Organisations (NGOs), has recommended fundamental changes to species protection legislation including the integration into the schedules of species listed as priority within the Biodiversity Action Plan (BAP). The Statutory Nature Conservation Organisations (SNCOs) have prepared internal reports making a number of suggestions to improve the effectiveness of Part I of the Act including specific proposals to amend the legislation.

 

1.3 This report should also be seen in the context of the work already carried out by the Partnership for Action against Wildlife crime (PAW). This group, consisting of Government Departments, Agencies, Police Forces, the Crown Prosecution Service and NGOs has made a number of specific proposals to improve the enforcement of legislation designed to protect wildlife, including Part I of the Wildlife and Countryside Act.

 

1.4 This project has included consideration of elements of the Conservation (Natural Habitats etc.) Regulations 1994 ("the Habitats Regulations") as applied to species and the Conservation of seals act, 1970. The project specifically excludes consideration of the operation of the Act in respect of birds, and has not dealt with Section 14 or Schedule 9 or the subject of introductions, except insofar as this is relevant to a consideration of Sections 9 or 13.

 

1.5 The Objectives for this contract were:

 

a) To gather data on the effectiveness and appropriateness of Schedules 5 and 8 of the Wildlife and Countryside Act, the Habitats Regulations and Conservation of Seals Act in protecting plants and animals respectively, against persecution and other factors which can damage their populations. By "appropriateness" is meant an evaluation of whether, among the activities which threaten each species, at least one (or more) activity can be regulated by legislation.

b) To consider the role of legal protection in relation to other measures or activities which can be deployed to conserve species (such as the UKBAP programme, species recovery initiatives, countryside management schemes including Countryside Stewardship and ESAs).

c) To seek proposals which could be worked up as new legislation to improve the conservation of threatened species in Britain. This should take into account the different threats to, and conservation needs of, major groups of wildlife (e.g. fungi, lower and higher plants, invertebrates, fish, herptiles and mammals). These will be signposts towards options, which can be explored in more detail subsequently, rather than detailed recommendations for legislation.