Conservation Strategies

EC Habitat Directives - The EC council directive on the conservation of natural habitats and of wild fauna and flora

Habitat Regulations 1994

Special Protection Areas (SPAs) designated under the Birds Directive

Special Areas of Conservation (SACs) eg The Fal and Helford is a marine SAC designated under the Habitats Directive and requested by the Natura 2000 networks along with National Nature Reserves (NNRs) and Local Nature Reserves (LNRs)

These are both notified as Special Sites of Scientific Interest (SSSIs). Case study:

In January 2008, Wemmergill Moor Limited, based in North Yorkshire, were fined in total £50,000 by Durham Crown Court for causing damage to part of Lune Forest Site of Special Scientific Interest (SSSI), Durham, and ordered to pay Natural England’s full costs of £237,548.99.
Wemmergill Moor Ltd pleaded guilty to three offences relating to the construction of a new track, car park and associated drainage, plus other damage to another route, without obtaining the necessary permission. The works resulted in damage to over 4433 square metres of internationally important peatland habitat which is also home to birds such as merlin and golden plover.
The Court imposed a Restoration Order requiring Wemmergill Moor Ltd to remove the track and car park for the purposes of restoring that part of the SSSI towards its former condition prior to the offence being committed. The defendants also gave a formal undertaking to the Court to carry out, at their own cost, additional works to reduce the overall impact of works associated with another track within the SSSI and to block an area of man-made drains 40kms in length to help improve the condition of the moorland.
Natural England welcomed the Judge’s observation that the Court will act to protect important sites such as this moor.

PAW, Recent Prosecutions [online] Available at: http://www.defra.gov.uk/paw/prosecutions/default.htm#Habitats [24.01.10]

Wildlife and Countryside Act 1981(WACA81)

Countryside and Rights of Way Act 2000

Hedgerows Regulations 1997 - require permission from local authorities if interfering with hedges - Habitats Directives

Conservation of Seals Act 1970

Protection of Badgers Act 1992

The Natural Environment and Rural Communities Act 2006 (NERC) - An example of its use here on page three

Water Frameworks Directive (WFD) - All inland and coastal waters must reach "good ecological status" by 2015

Marine Nature Reserves (MNRs) introduced by WACA81 -in Strangford Lough in Skomer Island and in Lundy.

Marine and Coastal Access Act 2009

How would a lawyer determine if someone has illegally exploited wildlife in the UK to enable prosecution?

The lawyer would have to consult all the different levels of legislation protecting that particular wildlife:

- International law such as CITES
- European law such as EC Habitats Directive
- English law, Acts such as the Wildlife and Countryside Act 1981
- Delegated local legislation such as by-laws and codes of practice for Government organisations

English law is case law and therefore cases are prosecuted according to judicial precedent. This could be tricky when it comes to wildlife crimes as the courts are still not taking this seriously enough and do not have much precedent to decide if a certain case was similar to another case.

The standard of proof for criminal law is 'Beyond all reasonable doubt'.
The standard of proof for civil law is 'On the balance of probabilities'.

Some offences are 'strict liability' offences. This means intent does not have to be proved and includes ignorance of law. The precautionary principle should always be applied to matters we do not know enough about to predict future outcomes - better to be safe than sorry.

JNCC is a brilliant source for information on aspects of nature conservation and laws along with Natural England.



Other wildlife crime topics covered in my degree:

Species at Risk: Bats

The Illegal Wildlife Trade

Bees

Biodiversity Action Plans (BAPS)

The Wildlife and Countryside Act 1981 (WCA81)

Twelve Fish Protected Under WCA81

Breeding and/or Catching Animals for fur: Debate

Traditional Alternative Medicines (TAMs)

Seals

Environmental Ethics and Ecopsychology

The Climate Change Conference 2009

Biological Diversity

Conservation Strategies

Conventions, Legislation and Contributing Bodies

Example Papers of Forensic Analysis used in Wildlife Crimes

Researching Wildlife Crime - My Research Idea

Climate Change Affecting Wildlife

Coral Reefs