Second supplementary memorandum from the
Department for Environment, Food and Rural Affairs (DEFRA)
INTRODUCTION
This further supplementary memorandum is submitted
by the Department for Environment, Food and Rural Affairs. It
provides the additional information requested by the sub-committee
following the Department's appearance before it on 8 July 2004.
ZOOS PROSECUTIONS
(Q252) Trade in endangered species, including trade involving
zoos, is covered by the EC Regulations implementing the Convention
on International Trade in Endangered Species of Flora and Fauna
(CITES). These are EC Regulations 338/97 and 1808/01.
The Department has records of two prosecutions
of zoos since 2000 under the CITES regulations, both in respect
of commercial display of specimens without the correct CITES permits.
These were Southport Zoo in 2000 (the penalty was a £5,000
fine plus £350 costs and confiscation of 36 specimens) and
Anglesey Bird World in 2002 (the penalty was a 12 month conditional
discharge and £30 costs).
Zoos are also regulated under the Zoo Licensing
Act 1981 (which transposes Directive 1999/22/EEC) to ensure they
undertake conservation and education work, and maintain high standards
of animal husbandry. The Act provides for a regime of licensing
and inspection of zoos, administered by local authorities. The
Department has no central record of prosecutions under this Act.
Under the Zoo Licensing Act 1981, local authorities
are able to impose and enforce licence conditions on zoos, for
example, in relation to animal welfare standards or biodiversity
education measures. The Act also provides local authorities with
powers to temporarily or permanently close a zoo, or part of a
zoo, if they fail to meet their obligations under the Act. The
Act ensures that zoo operators are given opportunities to remedy
problems and comply with conditions, so compulsory zoo closure
or prosecution is a last resort. These provisions were recently
amended and improved by the Zoo Licensing Act 1981 (Amendment)
(England and Wales) Regulations 2002, which transposed the EC
Zoos Directive (Directive 1999/22/EEC) in England and Wales.
REVIEW OF
PART I OF
THE WILDLIFE
AND COUNTRYSIDE
ACT 1981
(Q257) The Government is undertaking a Review of Part
I of the 1981 Act as it applies in England and Wales. The requirement
for a review follows on from a promise made in the Rural White
Paper for England—Our Countryside; The Future to review
the provisions in Part I of the Wildlife and Countryside Act 1981
with a view to rationalising the identification and protection
of rare and endangered species. Part I of the Act has been the
principle piece of legislation covering the conservation and protection
of birds, other animals and plants. Various amendments have been
made over the last 20 years; provisions concerning enforcement
for example were dealt with through the provisions of the Countryside
and Rights of Ways Act 2000. However, no overall strategic review
of the effectiveness of its provisions has been undertaken.
THE HORTICULTURAL
CODE OF
PRACTICE ON
NON-NATIVE
SPECIES
(Q274) The use of non-native species in horticulture
is widely recognised as an introductory pathway where there is
no blanket prohibition on introductions (as there is for animals,
for example). Good practice therefore has the potential to deliver
significant benefits in terms of preventing the introduction and
spread of non-native plants, where these are likely to cause problems.
Defra intends to develop and pilot a code of practice in partnership
with the horticultural industry and other relevant interests,
aimed at encouraging best practice and avoiding unwanted introductions
in the wild. There have been extensive discussions on the areas
which such a Code might cover, and the level of detail which it
might be appropriate to include. Recent discussion has suggested
that different approaches may be necessary for different audiences,
but that to be successful in reaching these it will also need
appropriate and effective publicity. Defra hopes to be in a position
to publish an initial Code in this financial year.
NATIONAL WILDLIFE
CRIME INTELLIGENCE
UNIT (NWCIU)
(Q277) Initially, the Unit concentrated on building links
with the organisations which could contribute to its work. This
provided the foundation for the Unit's activity in developing
its knowledge and understanding of the business of wildlife crime.
This in turn has enabled the Unit to be proactive in gathering
intelligence and information, and from that to develop actionable
intelligence packages for law enforcers in the UK and beyond.
The Unit's main achievements have been:
— Becoming established within the National
Criminal Intelligence Service (NCIS), an organisation with an
international reputation for excellence in criminal intelligence;
— establishing and maintaining productive
working relationships with its main law enforcement partners (Europol,
Interpol, the police service and HM Customs and Excise); and
— developing sources of information
and intelligence in the agreed five priority areas of illegal
trade (reptiles, birds of prey and parrots, caviar, traditional
East Asian medicines, and parts and derivatives).
The Unit has made important progress in the
development of intelligence in all its priority areas.
Reptiles, birds of prey and parrots
Intelligence has been disseminated to UK enforcement
agencies, to EU member states, and beyond.
Enforcement action has taken place and is ongoing
in relation to the reptile trade, including in England, Scotland,
Wales, the USA, New Zealand, Belgium and the Netherlands. Numerous
projects and developments are underway, and it is anticipated
that once the current enforcement actions are completed, further
disseminations will be possible and will lead to more enforcement
action.
Enforcement action in relation to birds of prey
and parrots has taken place and is ongoing, including in England,
Scotland and Wales, Canada, Australia, New Zealand, South Africa,
the Netherlands, Belgium and Germany.
Caviar
Careful preparation and planning with Interpol,
Europol and other organisations is underway and likely to lead
to forthcoming enforcement action involving UK HM Customs and
Excise. After this, the Unit anticipates that it will be in a
better position to either confirm or disprove the involvement
of serious or organised crime in this trade.
On traditional East Asian medicines and derivatives,
smaller numbers of disseminations have take place. The Unit will
take these areas further forward in the forthcoming year.
The NWCIU is now established as the UK's central
source of information and intelligence on wildlife crime issues.
It is frequently contacted by international bodies and other countries'
enforcement agencies. Its future challenges include building on
its achievements and further consolidating its role and position.
Because of the intelligence-based nature of
the work of the Unit, it is not appropriate to provide detailed
information.
MONITORING OF
THE INTERNET
FOR POSSIBLE
ILLEGAL WILDLIFE
SALES
(Q277) Defra officials have held meetings with the head
of the National Wildlife Criminal Intelligence Unit (NWCIU) and
have agreed ways to monitor internet sales and report possible
CITES sales infringements to the Unit particularly on e-Bay. In
this way the Unit can build up an intelligence picture and possibly
spot systematic illegal activity. The head of the NWCIU has also
had meetings with e-Bay's UK Management and has found them to
be extremely co-operative. As a result of this meeting the Unit
has drafted additional more detailed notes on wildlife trade for
e-Bay which are currently in the hands of the e-Bay legal advisors,
prior to being adopted.
The Unit continues to work proactively to develop
actionable intelligence from information obtained from e-Bay and
acts as the single point of contact used by Defra as well as UK
law enforcement for any e-Bay concerns. The Unit also works proactively
in monitoring wildlife sales on the internet outside auction sites.
There have also been spot checks carried out
on other web sites offering comparable services to e-Bay. However
the sheer volume of web sites and the volume of transactions taking
place on these web sites makes systematic compliance testing very
difficult to achieve and extremely costly in resource terms. Testing
and sampling to date does not appear to indicate that there is
widespread abuse of the CITES sales regulations on the e-Bay site.
Defra will continue to monitor web sites and will take action
over sales infringements whether offered through the internet
or by more traditional methods.
July 2004
| 
