Trade in Protected Species

Trade in protected species

Wildlife and Countryside Act
A licence is required for trade in any live or dead wild invertebrate listed on Schedule 5 under Section 9(5) (see Tables 1A and 1B) or any part of or anything derived from such an animal. A licence is required for
• sale
• exchange
• offering for sale
• transporting for sale.
The conditions of the licence require the licensee to inform the licensing authority of the source of the specimen and the destination after trade. Wild-taken specimens require a licence regardless of their age or origin. Licences are issued in England by Defra (Department for Environment, Food and Rural Affairs), in Northern Ireland by the EHS (Environment and Heritage Service), in Wales by the Welsh Assembly and in Scotland by SEERAD (Scottish Executive Environment and Rural Affairs Department).

Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats Directive)
The Large blue butterfly (Maculinea arion) is the only invertebrate species native to the UK that is currently protected under the Conservation (Natural Habitats etc.) Regulations against trade. Anyone who intends to sell, trade, exchange or purchase a Large blue butterfly (live or dead, or any part or derivative of it) should contact Defra for advice, as the sale may need to be licensed under the Conservation Regulations as well as the Wildlife and Countryside Act.

Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
• The CITES Convention is the global convention set up to protect species endangered by trade. It is implemented in Europe by the CITES Regulations Council Regulations (EC) No. 338/97, and this is in turn implemented in the UK by the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (COTES).
• Table 3 lists all the invertebrates on the EU CITES Regulations. The EU list is derived from the CITES Convention list, with a few additions. There are four Annexes (A, B, C and D) in the Regulations, but Annex D contains no invertebrates. Almost all the species listed are not native to the UK, the Medicinal leech (Hirudo medicinalis) being a notable exception.
• A licence is required from Defra for commercial use of any live or dead species listed on Annex A of the CITES Regulations or any part of, or anything derived from such a species. This includes:
- offering for sale
- selling
- keeping for sale
- transporting for sale
- displaying for commercial purposes
- using for commercial gain
- acquiring for commercial purposes
- offering to purchase
- purchasing.

• The application for the licence requires the applicant to inform the licensing authority, amongst other things, of the source of the specimen. Commercial use will only be permitted if the specimen meets one of the exemptions specified in the Regulations.
• Provided they have been imported or acquired lawfully, no licence is required for trade in species listed in Annex B, C or D or any part of or anything derived from them.
• However, with respect to live specimens listed in Annex B, any holder should only relinquish them after ensuring that the intended recipient is adequately informed of the accommodation, equipment and practices required to ensure the specimens will be properly cared for.
• Specimens (including parts of or anything derived from them) of Annex A and B species imported into the EC must be accompanied by an export permit, and the Member State concerned must issue an import permit. Similarly, material being exported out of the EC must be accompanied by an export permit.
• Species are listed on Annexes C and D for monitoring purposes.
• Specimens on Annex C crossing the EC boundary require a certificate of origin or export permit, but do not need an import permit. However, an import notification must be completed and submitted to Customs on introduction of any specimens into the Community. This enables trade to be monitored.
• Permits are issued by Defra and all permits must be applied for and obtained before any import or export takes place. Specimens imported without permits cannot be traded legally within the EC.

Table 3. Species Protected From Trade by the EU CITES Regulations