European Protected Species (EPS)
For animals it is an offence:
- to deliberately or recklessly capture, kill or disturb them;
- to damage or destroy their breeding sites or resting places even
when they are not using them, as long as they use them some of the
time;
- to deliberately or recklessly harass any dolphin, porpoise or whale.
For plants it is an offence:
- to deliberately or recklessly pick, collect, cut, uproot or
destroy them.
For both plants and animals it is an offence:
- to transport, keep, sell, exchange, or advertise for sale these species.
EPS are provided with special protection derived from the European
Council Directive 92/43/EEC of 21 May 1992 "On the Conservation of
Natural Habitats and of Wild Fauna and Flora" (The
Habitats Directive). This was enacted in British Law mainly under
the Conservation
(Natural Habitats &c.) Regulations 1994 which was modified by
the Conservation
(Natural Habitats, &c.) Amendment (Scotland) Regulations 2004.
Further changes are expected in 2007 to ensure compliance with European
law.
There are 14 individual species of EPS animal, plus one order (cetaceans) and two families (bats and horseshoe bats) for which all constituent species are protected. Not all these species occur in Scotland (see the list of European Protected Species). There are 9 individual species of EPS plant, of which 4 have been recorded in Scotland.
The eggs and young of EPS are protected and protection of plants
applies to all stages of their biological cycle.
Damage to the breeding or resting sites of EPS is an offence even if
it is not deliberate, reckless or intentional. So in these cases
the usual defence against a wildlife crime does not apply (see inadvertant
actions).