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- Herausgeber: John Wiley & Sons
- Kategorie: Wissenschaft und neue Technologien
- Sprache: Englisch
There is currently no basic text in wildlife law suitable for the wide range of courses in wildlife conservation and animal welfare at both bachelors and masters level, or for the large number of people who work in conservation and animal welfare; The Laws Protecting Animals and Ecosystems fills the gap in this significant market for a basic law text applicable to students and professionals whose primary training is in biology but who require a basic understanding of the laws relating to the protection of animals and ecosystems. The text is applicable to a wide range of subjects, including wildlife conservation, animal handling, animal welfare, animal husbandry, and veterinary science.
This foundational text supports those studying animal and ecosystem law by providing an overview of the basic legal principles, national and international laws, terminology, the legal mechanisms used to protect animals and ecosystems, and a compendium of the major animal welfare and conservation laws in major English speaking countries. Dr. Rees has been teaching wildlife law for 20 years and ecology for over 35 years and is ideally placed to write this book.
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Veröffentlichungsjahr: 2017
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Table of Contents
Cover
Title Page
Copyright
Dedication
About the Author
What Is This Book For?
Acknowledgements
Explanatory Notes
The Meaning of Some Terms Used in the Law
A Note on Sex
Abbreviations and Acronyms
Glossary
Introduction
Part I: Legal Principles and Concepts
Chapter 1: Legal Systems: National, European and International
1.1 Legal Jurisdictions
1.2 National Laws
1.3 The European Union and European Law
1.4 International Law
1.5 Case Law and Law Reports
1.6 Amending the Law
1.7 Where to Find the Law
1.8 Reading Legislation
1.9 Legal Journals
Chapter 2: Legal Principles and Ethics
2.1 Legal Personality,
Locus Standi
and
Ultra Vires
2.2 Ethics, Precaution, Equity and Presumption of Guilt
Chapter 3: Beliefs, Religion and History
3.1 Totems, Creation Myths and
Fadies
– the Protection of Animals and Ecosystems by Ancient Beliefs
3.2 Ancient Beliefs as a Threat to Wildlife
3.3 Animals and Religion
3.4 A Short and Incomplete History of the Laws Protecting Animals, Plants and Ecosystems
Chapter 4: The Legal Status of Organisms and Access to Wild Places
4.1 Who Owns Wildlife?
4.2 Theft of Wildlife
4.3 Who is the Keeper of an Animal?
4.4 Liability for the Actions of Animals
4.5 Rights of Access to Open Land and Water
Chapter 5: Definitions of Different Categories of Living Things
5.1 Introduction
5.2 The Binomial System of Nomenclature
5.3 Definition of a Species
5.4 What Is an Animal?
5.5 What Is a Plant?
5.6 Defining Habitat Types
5.7 Definitions of Wildlife and Types of Organisms
Part II: Mechanisms and Enforcement
Chapter 6: Legal Mechanisms I: The Protection of Wild Animals and Plants
6.1 Introduction
6.2 The Species Approach to Wildlife Conservation
6.3 Killing and Harassment of Animals and Plant Exploitation
6.4 Regulation of the Methods and Timing of Taking, Killing and Capturing
6.5 Sustainable Use of Resources – Hunting, Fishing and Bioprospecting
Chapter 7: Legal Mechanisms II: The Protection of Habitats and Ecosystems
7.1 Defining Ecosystems
7.2 Protection of the Earth's Ecosystem and Sites of Global Importance
7.3 Protected Areas and the Protection of Migratory Routes
Chapter 8: Legal Mechanisms III: Restoration, Trade and Conflicts
8.1 Restoration of Populations and Ecosystems
8.2 Restrictions on the Trade and Exhibition of Protected Species
8.3 Problem Animals and Human–Animal Conflict
Chapter 9: Legal Mechanisms IV: Planning, Knowledge, Funding and Enforcement
9.1 Planning Policy and Nature Conservation
9.2 Gathering and Disseminating Information
9.3 Funding and Legislation
Chapter 10: Animal Welfare and the Law
10.1 Introduction
10.2 Defining Cruelty
10.3 The Five Freedoms
10.4 Animal Cruelty and Violence towards Humans
10.5 Provision of Veterinary Treatment
10.6 Animal Rights Legal Cases
10.7 Legal Mechanisms Used to Protect and Control Domestic and Captive Animals
Chapter 11: Crime Detection and Law Enforcement
11.1 Wildlife Crime Reporting
11.2 Wildlife Crime Forensics
11.3 Criminal and Civil Sanctions
11.4 Liability of Employers, Principals and Bodies Corporate
11.5 Inspectors, Animal Control Officers, Water Bailiffs and Other Specialist Officers
11.6 Penalties
11.7 The Enforcement of International Law
11.8 Epilogue
Part III: Major National, European and International Laws which Protect Animals, Plants and Ecosystems
Chapter 12: National Laws
12.1 United Kingdom
12.2 United States
12.3 Canada
12.4 Australia
12.5 New Zealand
12.6 India
12.7 Kenya
12.8 Nigeria
12.9 South Africa
12.10 Tanzania
12.11 Thailand
Chapter 13: European Laws
13.1 Directives, Regulations and Policies
13.2 Case Law
Chapter 14: International Laws
Appendix I: A Summary of Annex I and Annex II Projects, EIA Directive 2011/92/EU
Annex I Projects, EIA Directive 2011/92/EU
Annex II Projects, EIA Directive 2011/92/EU
Appendix II: A Chronology of Major Legislation Affecting Animals and Nature Conservation in the United Kingdom
Appendix III: A Chronology of Major Legislation Affecting Animals and Nature Conservation in the United States
References
Table of Laws and Cases
1.1 Legislation
1.2 Case Law
Index
End User License Agreement
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Guide
Cover
Table of Contents
Begin Reading
Part I: Legal Principles and Concepts
Begin Reading
List of Illustrations
Chapter 1: Legal Systems: National, European and International
Figure 1.1 The British Isles.
Figure 1.2 The Debating Chamber of the Scottish Parliament at Holyrood, Edinburgh, Scotland.
Figure 1.3 The Houses of Parliament, London, England.
Figure 1.4 Some areas of dog ownership and use regulated by the law in the United Kingdom.
Figure 1.5 The European flag, official emblem of both the European Union and the Council of Europe, consists of 12 gold (yellow) stars on an azure (blue) field.
Figure 1.6 The Institutions of the European Union.
Figure 1.7 An example of the structure of a European Directive: the Zoos Directive.
Figure 1.8 The sources of international law.
Figure 1.9 Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973 (CITES).
Figure 1.10 Polar bears (
Ursus maritimus
).
Figure 1.11 A tiger (
Panthera tigris
). In 2010 representatives of the governments of the range states of the tiger adopted the St Petersburg Declaration on Tiger Conservation.
Figure 1.12 A badger (
Meles meles
). Source: Drawn by Dr A.J. Woodward.
Figure 1.13 Badger baiting – a blood sport in which badgers are baited with dogs – still occurs in parts of the United Kingdom. Badger groups and the police display signs in the countryside asking members of the public to report any suspicious activity that might indicate the presence of badger baiters.
Chapter 2: Legal Principles and Ethics
Figure 2.1
Arctic Sunrise
, a vessel operated by Greenpeace. Greenpeace has been given
locus standi
in court cases concerned with the protection of the environment. In September 2013 their icebreaker was impounded by the Russian coastguard after activists attempted to board a Gazprom oil rig as part of a protest against drilling in the Arctic. This photograph was taken in Reykjavik harbour, Iceland, in September 2015.
Chapter 3: Beliefs, Religion and History
Figure 3.1 The North American bison (
Bison bison
) is known colloquially as a buffalo.
Figure 3.2 A Native American buffalo hunting party. Source: Library of Congress, Prints & Photographs Division [reproduction number LC-DIG-ggbain-12290].
Figure 3.3 The raccoon dog (
Nyctereutes procyonoides
) is an East Asian species. It has been introduced into a number of countries in Europe for its fur but it is now considered an invasive species. Fur from raccoon dogs has been sold illegally as synthetic fur (faux). Raccoon dogs are considered lucky in Japanese folklore.
Figure 3.4 Elephant ivory on its way to America from Mombasa, British East Africa (now Kenya), 1935. Source: Library of Congress, Prints & Photographs Division (reproduction number, LC-USZ62-102899).
Figure 3.5 Moses may have been responsible for a very early wildlife law.
Figure 3.6 The Hindu god Ganesh, the elephant-headed deity. In India and Sri Lanka elephants are revered and widely kept in temples for ceremonial use.
Figure 3.7 Lindisfarne National Nature Reserve, Northumberland, England. Inset: A male eider duck (
Somateria mollissima
) calling. This species was protected by laws instituted by St Cuthbert in 676 AD.
Figure 3.8 The ‘bull ring’ fixed in a road in the village of Eyam in Derbyshire, England. In the nineteenth century a bull or bear would have been tethered to this ring and attacked by dogs for the entertainment of local people. This practice was made illegal by the Cruelty to Animals Act in 1835.
Figure 3.9 The morphological diversity of moth species found in the United Kingdom.
Chapter 4: The Legal Status of Organisms and Access to Wild Places
Figure 4.1 Fallow deer (
Dama dama
) are now widespread in Britain but were introduced from Eurasia in Roman times. The species has been kept at Dunham Massey Park in Cheshire, England since Norman times and the population was first fenced in 1362.
Figure 4.2 The Cage: a hunting lodge in Lyme Park, Cheshire, England. The lodge was built in 1737 to replace the original structure constructed around 1580. The park was enclosed in the fourteenth century and still contains descendants of the red deer (
Cervus elaphus
) that were present at that time.
Figure 4.3 A mute swan (
Cygnus olor
). In England the Crown still retains the right to own all unmarked mute swans in open water.
Chapter 5: Definitions of Different Categories of Living Things
Figure 5.1 The barn owl (
Tyto alba
) has been given a large number of vernacular names but, like other species, only has one scientific name. Although barn owls are native to Great Britain they may only be released into the wild under the authority of a licence issued under the Wildlife and Countryside Act 1981. During the 1980s and early 1990s many thousands of captive-bred barn owls are thought to have been released with no follow-up monitoring of their subsequent fate. The government now requires anyone wishing to release a barn owl to obtain a licence.
Figure 5.2 A seafood stall selling fish, crustaceans and molluscs. Some laws group these taxa together as ‘fish’.
Figure 5.3 A male pheasant (
Phasianus colchicus
). In the United Kingdom pheasants are defined as ‘game’ by s. 2 of the Game Act 1831.
Figure 5.4 Trophies. These animal heads are used for teaching purposes at the College of African Wildlife Management, Mweka, Tanzania. Top row (left to right): Burchell's zebra (
Equus burchelli
), Coke's hartebeest or Kongoni (
Alcelaphus buselaphus
), topi (
Damaliscus lunatus
); middle row (left to right): warthog (
Phacochoerus africanus
), oribi (
Ourebia ourebi
); bottom row (left to right) southern Grant's gazelle (
Gazella granti granti
), Thomson's gazelle (
G. thomsoni
).
Figure 5.5 A tiger (
Panthera tigris
) skin worn by a drummer in the band of Her Majesty's Royal Marines in the United Kingdom. The traditions of the armed forces often include the ceremonial use of animals or animal parts. Inset: Tiger's head hanging down the back of the drummer.
Figure 5.6 Giant hogweed (
Heracleum mantegazzianum
) is a highly invasive species which has spread through Great Britain, especially along river banks. Its toxic sap contains furanocoumarins, which can cause phyto-photodermatitis. In Britain the species is listed in Schedule 9 to the Wildlife and Countryside Act 1981 (Animals and plants to which s. 14 applies), which means it is an offence to introduce it into the wild. In New Zealand giant hogweed is classified as an ‘unwanted organism’ under the Biosecurity Act 1993.
Figure 5.7 An Andean goose (
Chloephaga melanoptera
). This bird lives in a wildfowl collection and has been pinioned: the last joint of its left wing has been removed so that it cannot fly.
Figure 5.8 An assistance dog: a guide dog being trained by a volunteer to assist a visually impaired person at a facility operated by The Guide Dogs for the Blind Association (in England).
Chapter 6: Legal Mechanisms I: The Protection of Wild Animals and Plants
Figure 6.1 Whitby whalebone arch: a symbol of the whaling industry that thrived in Whitby and other English ports in the late eighteenth and early nineteenth centuries. Fifty-five whaling ships were based in Whitby between 1753 and 1833. During this period they brought back 2 761 whales and over 25 000 seals.
Figure 6.2 A bald eagle (
Haliaeetus leucocephalus
).
Figure 6.3 The European wildcat (
Felis silvestris
) is a European Protected Species listed by the EU Habitats Directive in Annex IV: Animal and Plant Species of Community Interest in Need of Strict Protection.
Figure 6.4 African elephants (
Loxodonta africana
) in Tarangire National Park, Tanzania. The Convention for the Preservation of Wild Animals, Birds and Fish in Africa 1900 was intended to protect,
inter alia
, elephants with their young. Unfortunately it did not enter into force.
Figure 6.5 A basking shark (
Cetorhinus maximus
). Source: Drawn by Dr A.J. Woodward.
Figure 6.6 An Icelandic whale watching cruise in the Atlantic Ocean. Many countries have passed legislation to protect cetaceans from harassment by tourists. Inset: The white-beaked dolphin (
Lagenorhynchus albirostris
) is one of the species protected under the Agreement on the Conservation of Small Cetaceans of the Baltic, North East Atlantic, Irish and North Seas. This individual was part of a pod swimming off the west coast of Iceland.
Figure 6.7 Nesting coots (
Fulica atra
). Birds, their eggs and nests are widely protected by national, European and international laws.
Figure 6.8 Ground-nesting birds are particularly susceptible to disturbance by dogs, especially on farmland.
Figure 6.9 Licences available under the Wildlife and Countryside Act 1981.
Figure 6.10 City (Barton) Airport, Manchester, England. Aircraft are extremely susceptible to bird strikes, especially during take-off and landing. Legislation often allows for the control of birds on and near airports and airfields. In England a class licence issued under the Wildlife and Countryside Act 1981 allows for the killing and taking of certain birds to protect air safety.
Figure 6.11 A punt gun: a gun used from a boat by wildfowlers. Guns with large bores were used for the commercial harvesting of wildfowl in the nineteenth and early twentieth centuries. Such boats were used widely in the United Kingdom and the United States.
Figure 6.12 A call duck: a specially bred white mallard (
Anas platyrhynchos
) once commonly used to attract wild ducks into decoys (large traps). They were bred to be especially noisy so that they would ‘call in’ wild ducks. Their distinctive white colour allowed the decoymen to separate them from the wild ducks before the latter were killed for market. Tethered call ducks have also been used by wildfowlers. The use of call ducks has been widely banned as it resulted in overharvesting. They are now bred for show.
Figure 6.13 A leghold or gin trap. The use of these traps for the killing or taking of animals was made illegal in England and Wales by the Pests Act 1954. The use of gin traps is also illegal under the Wildlife and Countryside Act 1981.
Figure 6.14 Morecambe Bay in Lancashire, England is an important area for cockling: the harvesting of edible bivalve molluscs. Cockle beds may be closed to protect cockle populations and access may be limited due to the inherent dangers of working in estuarine areas. On 5 February 2014 at least 21 undocumented Chinese migrant labourers were drowned by an incoming tide in Morecambe Bay after picking cockles. Two bodies were not recovered and 15 other individuals survived. The gangmaster, who was also Chinese, was convicted of manslaughter at Preston Crown Court. Morecambe Bay is also an important area for seabirds and wading birds. It is a Special Area of Conservation (SAC) designated under the EU Habitats Directive; a Special Protection Area for birds (SPA) designated under the EU Wild Birds Directive; a Site of Special Scientific Interest (SSSI) designated under the Wildlife and Countryside Act 1981; and a Ramsar site. In addition, part of the site is within the Lake District National Park and part of it is within the Arnside and Silverdale Area of Outstanding Natural Beauty. Part of the coastline at the south side of the bay (Heysham Coast) is owned by the National Trust.
Figure 6.15 North American raccoon (
Procyon lotor
). The taking of this species in California is restricted under state law.
Figure 6.16 Foxhounds. Hunting with dogs was banned in Scotland by the Protection of Wild Mammals (Scotland) Act 2002 and in England and Wales by the Hunting Act 2004. Inset: A young fox (
Vulpes vulpes
).
Figure 6.17 Total whale catches by the leading whaling nations (Japan, Norway, Iceland) and aboriginal subsistence whaling, 1945–2011. A moratorium on commercial whaling was established in the 1985–1986 whaling season. Source: Anon. (2016b).
Figure 6.18 Cloud forest in Costa Rica; left: female great curassow (
Crax rubra
); right: yellow-headed caracara (
Milvago chimachima
). Bioprospecting – the search for components of biodiversity of commercial value – in Costa Rica requires a permit.
Figure 6.19 The Flamborough Head No Take Zone (NTZ) was established by the North Eastern Sea Fisheries Committee and Natural England. It was the first NTZ in the North Sea.
Figure 6.20 A fishing fleet in Scarbourgh, England (top); an Icelandic trawler (bottom). The Common Fisheries Policy of the European Union sets quotas for fish catches by Member States in the European Union's exclusive economic zone to protect fish stocks. Iceland is not a Member State of the European Union. At the time of writing the citizens of the United Kingdom had voted to leave the European Union.
Chapter 7: Legal Mechanisms II: The Protection of Habitats and Ecosystems
Figure 7.1 Ngorongoro crater, Tanzania, is home to over 25 000 large mammals. It is designated as a World Heritage site and a Biosphere Reserve and is part of the Ngorongoro Conservation Area. A satellite image taken by Landsat 7 (left). Source: NASA/United States Geological Survey; a view of the Lerai Forest taken from the southern rim of the crater (right); a large pride of lions (
Panthera leo
) in the crater (bottom).
Figure 7.2 Serra de Tramuntana, a World Heritage site designated by UNESCO (top inset) to protect the mountain range running along the coast from the north-east to the south-west of the island of Mallorca (top). The region supports a Mediterranean type of agriculture consisting of terraces and interconnected water works (bottom right). The Torrent de Pareis is an impressive gorge (bottom left) which is protected as a natural monument within the Serra de Tramuntana.
Figure 7.3 North Menorca Marine Reserve. The island of Menorca, in the western Mediterranean Sea, was designated as a Biosphere Reserve by UNESCO in 1993 in recognition of its diverse landscapes.
Figure 7.4 The structure of the UN Convention on Biological Diversity 1992.
Figure 7.5 Felled trees at Bwlch Nant yr Arian Forest (Natural Resources Wales) near Aberystwyth, Wales.
Figure 7.6 Treated effluent flowing through a waste water treatment works in Bolton, Greater Manchester, England (top), to an outfall to the River Irwell, (bottom). The EU Waste Water Treatment Directive has resulted in improvement in fresh and marine water quality by requiring the treatment of waste water (sewage).
Figure 7.7 Higher Mill in Helmshore, Lancashire, England was a woollen fulling mill built in 1789 and driven by a water wheel. These sluice gates were used to control the flow of water to the mill from the River Ogden. Nowadays activities that affect the flow of freshwater are strictly regulated to prevent the loss of water resources and damage to biodiversity.
Figure 7.8 Scarborough beach, North Yorkshire, England. The quality of beaches and coastal waters in the European Union has been improved as a result of the implementation of the Bathing Waters Directive.
Figure 7.9 The Dornier 228 New Generation, the new German Navy Oil Pollution Control Aircraft which entered into service in 2012. This aircraft carries a side-looking airborne radar (SLAR) and infrared and ultra violet detectors, which identify oil spills.
Figure 7.10 Forest operations in Delaware Forest, Cheshire, England (top) and a Forestry Commission plantation in the Goyt Valley, Peak District National Park, England (bottom). The Commission's mission is to ‘protect and expand forests and woodlands and increase their value to society and the environment’.
Figure 7.11 A tree preservation order in England may be used to protect an entire woodland or a single tree stump.
Figure 7.12 A tree that has been felled may still be protected by a tree preservation order because of the capacity of the stumps of many species to sprout new branches.
Figure 7.13 The Forestry Stewardship Council (FSC) is an international non-profit organization which promotes the responsible management of forests.
Figure 7.14 The application of the Hedgerows Regulations 1997 to some hypothetical hedgerows. The Regulations apply to hedgerows labelled ‘R’ but not to those marked ‘X’. Source: Redrawn from an original illustration by Dr A.J. Woodward.
Figure 7.15 The Hedgerow Regulations 1997 protect ‘important hedgerows’ in England and Wales. Such a hedgerow must normally be at least 20 metres in length but may include a gap or gaps, each of which must be less than 20 metres. See text for further explanation.
Figure 7.17 Mere Sands Wood Nature Reserve, Lancashire, England is owned by Lancashire Wildlife Trust.
Figure 7.18 The National Trust was founded in 1895 and is now one of the largest charities in the United Kingdom. It protects over 775 miles of coastline, over 247 000 hectares of land and over 350 historic houses, ancient monuments, parks, gardens and nature reserves. Fletcher's Wood is a National Trust woodland in the Lake District National Park in England.
Figure 7.19 Formby Point in Merseyside, England is a National Trust site which protects a sand dune ecosystem that is home to a population of red squirrels (
Sciurus vulgaris
).
Figure 7.20 A grey seal (
Halichoerus grypus
) at Donna Nook National Nature Reserve, Lincolnshire, England. Part of the area is used as a bombing range by the Ministry of Defence.
Figure 7.21 A herd of Asian elephants (
Elephas maximus
) in Minneriya National Park, Sri Lanka.
Figure 7.22 Ambleside in the Lake District National Park in England. National parks in Great Britain are protected areas which contain significant human activity. Ambleside is home to the University of Cumbria and is a major tourist centre.
Figure 7.23 The Forest of Bowland Area of Outstanding Natural Beauty, Lancashire, England.
Figure 7.24 Bass Rock is located north-east of Edinburgh, Scotland, and supports the largest northern gannet (
Morus bassanus
) colony in the world – approximately 150 000 birds. It is protected as a Site of Special Scientific Interest (SSSI).
Figure 7.25 Leighton Moss is the largest reedbed in the north-west of England. It is managed as a nature reserve by the Royal Society for the Protection of Birds (RSPB). It is a Site of Special Scientific Interest (SSSI), a Special Protection Area (SPA) designated under the EU Wild Birds Directive and a Ramsar site. The reserve is home to an important population of bitterns (
Botaurus stellaris
).
Figure 7.26 Pennington Flash Country Park, Greater Manchester, England was artificially created but is nevertheless protected as a Site of Special Scientific Interest (SSSI). It supports over 230 bird species.
Figure 7.27 Fire represents an important risk to forests and its use is widely prohibited in forested areas.
Figure 7.28 The vicuña (
Vicugna vicugna
) is listed in Appendix I to the Convention on the Conservation of Migratory Species of Wild Animals 1979.
Figure 7.29 A caribou or reindeer (
Rangifer tarandus
).
Chapter 8: Legal Mechanisms III: Restoration, Trade and Conflicts
Figure 8.1 Eurasian cranes (
Grus grus
) have been reintroduced into the Somerset Levels and Moors in south-west England after an absence of about 400 years.
Figure 8.2 A grey wolf (
Canis lupus
).
Figure 8.3 In 1995 grey wolves (
Canis lupus
) were reintroduced into central Idaho and Yellowstone National Park in the United States by the US Fish and Wildlife Service. These animals were defined under the Endangered Species Act of 1973 as non-essential experimental populations and so received limited protection. Naturally migrating grey wolves from Canada were listed as ‘endangered’ under the Act and as such received full protection.
Figure 8.4 In 2009 European beavers (
Castor fiber
) were reintroduced into Scotland after a protracted period of consultation and procrastination by the government. Beavers became extinct in Scotland in the sixteenth century.
Figure 8.5 Alien species. A ring-necked parakeet (
Psittacula krameri
) in Regent's Park, London, England (left). This species is now common in the south-east of England as a result of escapes from captivity. The Canada goose (
Branta canadensis
) was introduced into the United Kingdom from North America. The breeding population of the United Kingdom now stands at around 62 000 pairs (right).
Figure 8.6 Buckingham Palace, London, England. There is a long-standing association between royalty and powerful exotic creatures. The statue on the left includes an adult male lion and is positioned at the base of the Victoria Memorial, located at the end of The Mall.
Figure 8.7 The Tower of London in London, England was once home to a menagerie containing an elephant, a polar bear, lions and many other exotic animals received by the monarch as gifts (right). A polar bear (
Ursus maritimus
) was given to King Henry II of England by King Haakon IV of Norway in 1252 and kept at the Tower of London. On 30 October 1252 the King made an order that the ‘Keeper of the King’s White Bear' provide it with a muzzle, an iron chain and a long strong cord to hold it when fishing in the Thames. This sculpture of the bear now stands in the grounds of the Tower (left).
Figure 8.8 Letterhead of the World's Zoological Trading Company, which was based in London, England and traded in exotic animals in the early part of the twentieth century. Source: Chetham's Library, Manchester, UK.
Figure 8.9 An entry in the stock book of Belle Vue Zoo in Manchester, England for 19 April 1905 recording the purchase of a male giraffe from Frankfurt Zoo for £350. The giraffe had originally been captured in the eastern Sudan. The entry refers to Hagenbeck, who was a well-known animal trader at the time. Before the introduction of legislation to control trade in wildlife, animals were freely traded on a commercial basis. Modern zoos rarely purchase animals today and international trade is strictly regulated. Source: Chetham's Library, Manchester, UK.
Figure 8.10 Harrods department store in Knightsbridge, London, England. Before the passing of the Endangered Species (Import and Export) Act 1976 in the United Kingdom this store was able to supply a wide range of exotic animals to the public, including elephants, lions and alligators.
Figure 8.11 The bluebell, or common bluebell (
Hyacinthoides non-scripta
) (left) is protected in Great Britain under Schedule 8 to the Wildlife and Countryside Act 1981 with respect to s. 13(2) only: it is an offence to sell, offer or expose for sale, possess or transport for the purpose of sale, buy or advertise for sale this species dead or alive, or anything derived from it. The Spanish bluebell (
H. hispanica
) (right) is an alien species in Great Britain and receives no such protection.
Figure 8.12 Labelling of foods and other products helps consumers choose items based on their effect on the environment. In Malaysia palm oil plantations are replacing the tropical forests that are home to orangutans (
Pongo
sp.).
Figure 8.13 Dolphin-friendly tuna: tuna fish that have been caught in compliance with legislation aimed at protecting dolphins. Dolphins are a common bycatch in tuna fisheries.
Figure 8.14 Feral pigeons (
Columba livia domestica
) are a pest species in many urban areas. In some places local laws make it illegal to feed wild birds; for example, feeding pigeons in Trafalgar Square in London, England is prohibited by local byelaws: Greater London Authority Trafalgar Square Byelaws 2012.
Figure 8.15 Feeding gulls (Laridae) is discouraged in many seaside towns in the United Kingdom because of the nuisance they cause. Street sign (left); herring gull (
Larus argentatus
) (right).
Figure 8.16 A dog fence has existed across parts of southern Australia since the 1880s. The current fence stretches from the Nullarbor Plain in South Australia almost to the Queensland coast. In South Australia the fence was established in law by the Dog Fence Act 1946. The purpose of the fence is to exclude dingoes (
Canis familiaris dingo
).
Figure 8.17 Red kangaroos (
Macropus rufus
) (left) are culled as problem animals in parts of Australia. Bennett's wallabies (
Macropus rufogriseus
) (right) are culled on Maria Island National Park, Tasmania by the Parks and Wildlife Service to keep the population healthy and to protect the island's biodiversity. Culling here is authorized under the statutory Maria Island National Parks and Ile Des Phoques Nature Reserve Management Plan, 1998.
Figure 8.18 A white-headed duck (
Oxyura leucocephala
). In Europe this species has interbred with ruddy ducks (
O. jamaicensis
) that are native to North America. In the United Kingdom controversial culls of ruddy ducks – the descendants of escapes from wildfowl collections – have been undertaken to protect the white-headed duck population in Spain.
Figure 8.19 Gorilla (
Gorilla gorilla
). The proximity of gorillas to human settlements results in competition for space. In many parts of the equatorial forest of Africa there is a long history of the commercial exploitation of gorillas as bushmeat.
Chapter 9: Legal Mechanisms IV: Planning, Knowledge, Funding and Enforcement
Figure 9.1 Heysham Nuclear Power Station, Lancashire, England consists of two advanced gas-cooled reactors; Heysham 1 (right) was completed in 1983 and Heysham 2 (left) in 1989. Before a new nuclear power station may be constructed in the European Union an environmental impact assessment is required.
Figure 9.2 The Hoover Dam, United States (left); the Mike O'Callaghan-Pat Tillman Memorial Bridge constructed over the Colorado River as part of the Hoover Dam Bypass (right).
Figure 9.3 Wildlife research and monitoring. The presence of a mountain lion (
Puma concolor
) detected by a camera trap in a forested area in Canada (left). Monitoring of wildlife populations is an important requirement of many wildlife laws as it assists in detecting population changes and may inform future conservation decisions. Note the date and time stamp along with a recording of the temperature. A female lion (
Panthera leo
) wearing a tracking collar in the Serengeti National Park, Tanzania (right).
Figure 9.4 Female Asian elephant (
Elephas maximus
) with her calf. In the United States federal funds are allocated to the
in-situ
conservation of Asian elephants by the Asian Elephant Conservation Act of 1997. This species is listed on Appendix I to CITES.
Figure 9.5 A Middle White pig. This breed is classified as ‘endangered’ (100–200 individuals) in the Rare Breeds Survival Trust's Watchlist 2016 (RBST, 2016). The breed originated by crossing Large White and Small White pigs in Keighley in Yorkshire, England in the 1850s.
Chapter 10: Animal Welfare and the Law
Figure 10.1
Waiting
, the Liverpool Carters Working Horse Monument, Pier Head, Liverpool, England (left). Horses moved goods between Liverpool Docks and local business for over 250 years. At their peak, they numbered more than 20 000. Horse-drawn carts were largely replaced by petrol-driven vehicles by the 1950s.
The Kelpies
alongside the Forth and Clyde Canal in Falkirk, Scotland (right), a sculpture by Andy Scott commemorating the role played by heavy horses in the history of the area, pulling wagons, ploughs, barges and coalships. A kelpie is a mythological shape-shifting beast. The two 30 m tall sculptures are based on the Clydesdale horse.
Figure 10.2 Beach donkeys at Weston-super-Mare in England. The use of donkeys to give rides is strictly regulated by the law.
Figure 10.3 Nose ringing of cattle is a permitted procedure under Schedule 1 to the Mutilations (Permitted Procedures) (England) Regulations 2007.
Figure 10.4 Ear tagging of cattle is a permitted procedure under Schedule 1 to the Mutilations (Permitted Procedures) (England) Regulations 2007. From 1 January 1998 all cattle in the United Kingdom must have an official ear tag in each ear (double tagging). Each tag must show the same unique number for that animal. From 1 January 2000 ear tag numbers must have a specific format and contain the crown logo, country code, herdmark, individual animal number and a check digit. Legal requirements for cattle identification in England are to be found in the Cattle Identification Regulations 2007.
Figure 10.5 The chimpanzee (
Pan troglodytes
) cage at the National Zoo, Colombo, Sri Lanka. Most governments do not specify minimum containment and enclosure standards for animals kept in zoos.
Figure 10.6 The emu (
Dromaius novaehollandiae
) is a category 2 species.
Figure 10.7 Artificial tree trunks forming part of the containment barrier for Asian elephants (
Elephas maximus
) at Chester Zoo, England.
Figure 10.8 A protected contact barrier used to separate keepers from elephants at Chester Zoo, England, while still allowing access to the animals via gates. The elephants are trained to present their feet, ears and other parts of their body through the gates for examination by keepers and veterinary staff.
Figure 10.9 The
Code of Practice for the Welfare for the Rabbits
produced by the Welsh government recommends that a rabbit hutch should be long enough for a rabbit to be able to take at least three hops from one end to the other.
Figure 10.10 Many countries impose penalties on dog owners who allow their animals to foul public areas. Dog faeces may transmit a variety of diseases including toxocariasis, resulting from contact with the larvae of the roundworm
Toxocara canis
.
Figure 10.11 Sheep at a livestock auction in Dumfries, Scotland. Disease control orders are used to reduce the spread of diseases in farmed animals by licensing movements and requiring the disinfection of premises where animals are held.
Chapter 11: Crime Detection and Law Enforcement
Figure 11.1 A crime scene investigation (CSI) vehicle. Crime scene investigators may be required to collect evidence at wildlife crime scenes, including trace evidence (e.g. DNA) from protected species.
Figure 11.2 The structure of deoxyribonucleic acid (DNA). The structure is a double helix – shown here unwound – in which cytosine (C) pairs with guanine (G) via three hydrogen bonds and adenine (A) pairs with thymine (T) via two hydrogen bonds.
Figure 11.3 A polymerase chain reaction (PCR) machine used for amplifying DNA segments. DNA profiling is widely used to identify species, individual organisms and criminal suspects in wildlife law cases.
Figure 11.4 An electrophoresis gel showing the distinctive banding patterns produced by DNA from individuals of two newt species: the marbled newt (
Triturus marmoratus
) and the great crested newt (
T. cristatus
).
Figure 11.5 Some felid pelts are superficially difficult to distinguish: Amur leopard (
Panther pardus orentalis
) (top); jaguar (
P. onca
) (bottom).
Figure 11.6 The regional headquarters of the US Forest Service, Ogden, Utah, United States, was constructed in 1933–1934 and is now listed in the National Register of Historic Places.
Figure 11.7 A Lake District National Park Lake Patrol Ranger boat in England. The lakes in the park are used by a variety of commercially operated boats and privately owned pleasure craft.
Figure 11.8 The organizational structure of the Bundesamt für Naturschutz, the German Federal Conservation Agency.
Figure 11.9 Penalties and enforcement in animal and ecosystem-related crimes.
Figure 11.10 The Old Bailey, the Central Criminal Court of England and Wales.
Figure 11.11 In the recent past the penalty in China for killing a giant panda (
Ailuropoda melanoleuca
) or trading in panda products was death.
Figure 11.12 Grevy's zebra (
Equus grevyi
). In 1976 one hunter was issued a licence to shoot 200 Grevy's zebras in Kenya.
Figure 11.13 Wildlife crime cases in Kenya 2008–2013: the nature of wildlife crimes based on a survey of 202 cases.
Figure 11.14 Wildlife crime cases in Kenya 2008–2013: taxa that were the subject of charges brought against offenders.
Figure 11.15 Illegally held bird eggs confiscated by police in England.
Figure 11.16 A wind farm at Bridlington, on the coast of the North Sea, in the East Riding of Yorkshire, England. Wind farms in some locations may pose a threat to wild birds.
List of Tables
Chapter 1: Legal Systems: National, European and International
Table 1.1 Constituent parts of the United Kingdom and associated Crown Dependencies
Table 1.2 Member States of the European Union (July 2017)
Table 1.3 Useful sources of law
Chapter 3: Beliefs, Religion and History
Table 3.1 CITES-listed ‘medicinal’ and aromatic plants threatened by over-collection in India
Table 3.2 ‘Medicinal’ products of animal origin
Chapter 5: Definitions of Different Categories of Living Things
Table 5.1 The vernacular names of the ocelot (
Leopardus pardalis
)
Table 5.2 Examples of declared weeds in Queensland, Australia under the Land Protection (Pest and Stock Route Management) Act 2002
Chapter 6: Legal Mechanisms I: The Protection of Wild Animals and Plants
Table 6.1 Examples of laws protecting single species or a particular narrow range of taxa
Table 6.2 An extract from the List of Endangered and Threatened Species (CFR 50 §17.11(h)) under the Endangered Species Act of 1973
Table 6.3 Examples of European Protected Species of animals and plants listed under the EU Habitats Directive
Table 6.4 Wildlife and Countryside Act 1981, Schedule ZA1: Birds which re-use their nests
Table 6.5 Devices and methods whose use is prohibited in the taking or killing of wild birds under s. 5(1) of the Wildlife and Countryside Act 1981
Table 6.6 The 2016 New Hampshire moose season permit proposals by region. Source: Adapted from Anon. (2016d)
Chapter 7: Legal Mechanisms II: The Protection of Habitats and Ecosystems
Table 7.1 Examples of UNESCO World Heritage sites
Table 7.2 Examples of Biosphere Reserves
Table 7.3 Protected area designations in England
Table 7.4 Some of the protected area designations used in the United States
Table 7.5 National Parks of Great Britain
Table 7.6 Areas of Outstanding Natural Beauty (AONBs) in England, Wales and Northern Ireland
Table 7.7 Examples of priority natural habitat types in Germany as defined in the EU Habitats Directive (Annex I)
Table 7.8 Ramsar sites in Pakistan (total area = 1 343 627 hectares)
Table 7.9 Examples of Wilderness Areas in the United States
Table 7.10 Biotopes protected in Sweden
Table 7.11 Examples of types of operations requiring Natural England's consent on Sites of Special Scientific Interest (SSSIs)
Table 7.12 Height restrictions for aircraft over bird sanctuaries in the United Kingdom
Chapter 8: Legal Mechanisms III: Restoration, Trade and Conflicts
Table 8.1 Examples of rewilding projects in Europe
Table 8.2 A summary of the responses obtained from organizations consulted prior to the reintroduction of European beavers (
Castor fiber
) to Knapdale, Mid-Argyll, Scotland
Table 8.3 Examples of animal species listed in Schedule 9, Part 1 to the Wildlife and Countryside Act 1981: Animals and plants to which s. 14 applies. Part I – Animals which are established in the wild
Table 8.4 Animals housed at the Royal Menagerie at the Tower of London in 1829
Table 8.5 Examples of taxa listed in Appendices I, II and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) 1973. Note that in some cases only certain geographical populations are listed
Table 8.6 Designated US ports through which wildlife (including parts and products) must normally be imported or exported
Table 8.7 Macropods culled under damage mitigation permits in Queensland, Australia in 2015
Table 8.8 Taxa whose attacks on livestock or poultry are eligible for compensation under Ontario Regulation 329/11
Table 8.9 Taxa whose attacks on beehives, bee colonies and beehive-related equipment are eligible for compensation under Ontario Regulation 329/11
Chapter 9: Legal Mechanisms IV: Planning, Knowledge, Funding and Enforcement
Table 9.1 Examples of species listed in Table 3-12 of the US 93 Hoover Dam Bypass Project, Final Environmental Impact Statement and Section 4(f) Evaluation: Special-status Vegetation and Wildlife Species Potentially Occurring in the Proposed Project Area and Likelihood of Occurrence
Table 9.2 Summary of Mitigation Measures for the Promontory Point Alternative for the bypass – Biological Resource Effects
Table 9.3 Examples of projects and activities that may be funded in England under the Environmental Stewardship (England) Regulations 2005 (as listed in Schedule 2 to the Regulations)
Table 9.4 The thresholds defined in Annex I (Article 14) of Regulation (EC) No 817/2004(2) under which a local breed is considered in danger of being lost
Chapter 10: Animal Welfare and the Law
Table 10.1 Hazardous animal categories: examples of category 1 and category 2 species. Source: SSSMZP (2012)
Table 10.2 Examples of taxa listed in the schedule to the Dangerous Wild Animals Act 1976 – Kinds of dangerous wild animals. This law applies in Great Britain. The list was amended by the Dangerous Wild Animals Act 1976 (Modification) (No. 2) Order 2007
Table 10.3 ‘Restricted snakes’ listed under the Ohio Dangerous Wild Animals and Restricted Snakes Act §935.01
Table 10.4 Diseases which are notifiable in the United Kingdom
Chapter 11: Crime Detection and Law Enforcement
Table 11.1 Offences charged and reaching a first hearing in a Magistrates' Court 2005–2013 in relation to ss. 1 and 6 of the Hunting Act 2004 (hunting a wild mammal with dogs)
Table 11.2 Proceedings in the Scottish courts for wildlife offences 2008–2013
Table 11.3 Reported crimes against birds of prey in Scotland in 2013
Table 11.4 Examples of types of microsatellites
Table 11.5 Sanctions available to Natural England, the statutory nature conservation agency for England
Table 11.6 INTERPOL wildlife crime operations (2010–2016)
Table 11.7 RSPCA prosecution statistics (England and Wales) 2015
Table 11.8 Number of convictions secured by the RSPCA under the Animal Welfare Act 2006
The Laws Protecting Animals and Ecosystems
Paul A. Rees
This edition first published 2018 © 2018 by John Wiley & Sons Ltd
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Cover Design: Wiley
Cover Image: A grey seal (Halichoerus grypus) colony on the Farne Islands, United Kingdom. Courtesy of Paul A. Rees
Only to the white man was nature a ‘wilderness’ and only to him was the land ‘infested’ with ‘wild’ animals and ‘savage’ people. To us it was tame.
Chief Luther Standing Bear of the Oglala band of the Sioux
For
Elliot Henry Clark
About the Author
Dr Paul Rees studied for a BSc (Hons) in environmental biology at the University of Liverpool and an LLM in environmental law at the University of Central Lancashire (Lancashire Law School) and was awarded a PhD from the University of Bradford for his work on the ecology and management of feral cats. He has been teaching biology for almost 40 years and has also taught wildlife law for the last 15 years at the University of Salford. Dr Rees has a particular interest in the regulation of zoos and the role of the law in wildlife reintroduction projects. His other teaching and research interests include the ecology, behaviour and zoo biology of large mammals.
What Is This Book For?
This is a small book about a very large subject. It is not primarily aimed at lawyers but intended as a guide for students studying wildlife conservation, animal welfare and other animal-related courses where an understanding of how the law works is required. It should also be useful to practitioners in a range of fields who need to know what kinds of laws exist, how the law works and where to find the law. It is not intended as a definitive guide but as a starting point that assumes little or no knowledge of the law.
The book is not intended as a legal source book because such works become out of date before they are published, such is the speed with which the law changes. Some of the laws discussed were, at the time of writing, current, while others were not. Some laws have been included specifically because of their historical interest.
The book contains a wide range of examples of legal mechanisms used in the national laws of many countries (from around 35 countries and territories), European Union (EU) laws and international laws, along with examples of how the law has been interpreted and applied through national, EU and international courts. In addition, state and provincial laws are considered for some countries along with city laws and byelaws. In an attempt to make sense of the law to non-lawyers the early chapters are devoted to an explanation of how national, EU and international laws are written and how legal systems work.
Paul A. Rees BSc (Hons) LLM PhD CertEd Senior Lecturer University of Salford
Acknowledgements
This book was, in part, the idea of Ward Cooper who was, at the time the work was commissioned, a Commissioning Editor at Wiley. I am most grateful to him for his support and encouragement and for the support of his successor, David McDade. Sarah Keegan is a Senior Project Editor at Wiley and I am grateful to her for her help in the production process. I am also indebted to Felicity Marsh, who project-managed the production of the book.
All of the photographs reproduced in this book are my own with the exception of images of the Hoover Dam used in Box 9.1, which were taken by my brother Les Rees, and Figures 3.2, 3.4 and 11.6, which have been made available by the US Library of Congress, Prints & Photographs Division. Figure 7.11 was created using images made freely available by Openclipart (www.openclipart.org.). Dr Robert Jehle (University of Salford) kindly supplied the image of gel electrophoresis used in Figure 11.4, and my friend Dr Alan Woodward produced the drawings used in Figures 1.9, 3.9. 6.5 and 7.14. I am indebted to them both. The materials used in Figure 8.8 and Figure 8.9 were kindly made available by Chetham's Library, Manchester (England). The original documents were part of the archive of the former Belle Vue Zoo, Manchester. From time to time my students have unwittingly helped me by drawing my attention to interesting laws and I have referred to some of these laws in the text.
This work contains UK public sector information licensed under the Open Government Licence v3.0. Specifically, it contains extracts of UK legislation available from the National Archives (www.nationalarchives.gov.uk). The fair use of works copyrighted in the United States is authorized under 17 USC §107. There is no copyright in New Zealand Acts, Bills and legislative instruments (s. 27 Copyright Act 1994, New Zealand) and the reproduction of Australian laws is authorized under a Creative Commons licence: Creative Commons Attribution 3.0 Australia. The reuse of documents published by the European Union is authorized by Commission Decision 2011/833/EU.
This work was expertly copy-edited by Carolyn Fox, without whose efforts it would have contained a variety of grammatical, structural and factual errors. I am indebted to her for her careful work and her expert knowledge. I am also grateful to my daughter, Clara, who helped me to check various parts of the manuscript. Any errors that remain are, of course, entirely my responsibility.
My wife and family have had to put up with vacant stares and groans whenever I have been asked about meals, shopping, the dishwasher, holidays, days out and family visits during the last three years or so while I have been working on this book. I am thankful for their understanding and hope that the finished product will go some way towards justifying my constant distractions from everyday life.
Explanatory Notes
1.
The inclusion of details of any legislation or any case law, whether quoted verbatim or not, should not be taken to imply that this law was in force at the time of writing. While some laws were in force at the time of writing, others have been included because of a particular principle that they demonstrate or because of their historical importance. It is inevitable that any text that considers a wide range of laws from many countries will contain some references to laws that are not current by the time it is published – because of the length of time it takes to publish a book – even if they were current at the time it was written.
2.
Any entry made in square parentheses [ ] within a direct quotation of any law or any other quotation has been added by the author to clarify the meaning of a term or terms and is not part of the original text.
3.
Quotations have been shortened by removing extraneous material and replacing it with ellipses (…). The intention is to retain the original meaning as far as possible. However, in some legal quotations words have been removed that materially alter the meaning because the missing words refer to other parts of the document from which they have been taken. Consider the following offence:
Subject to the provisions of this Part, any person who intentionally or recklessly harasses any wild bird included in Schedule 1A shall be guilty of an offence.
This might be changed to
… any person who intentionally or recklessly harasses any wild bird included in Schedule 1A shall be guilty of an offence.
