|
Chapter 1
Field et cetera
Section 1.
The Statutory Order applies to the
possession of birds in captivity comprising
1.1 1 or more birds of prey or owls,
Section 2.
2.1
A bird is considered bred in captivity in the second generation if the
bird itself and both parents are born and bred in captivity
Chapter 2
Birds of Prey and Owls
Section 3.
3.1 Birds
of prey and owls of the species mentioned in annex 1 must not be kept in
captivity.
Section 4.
4.1 Birds of prey and owls not mentioned in annex 1
may only be kept in captivity after permission from The National Forest
and Nature Agency.
4.2
Permission according to subsection 1 implies that the birds are bred in
captivity or legally procured according to the rules laid down in
section 5.
4.3
Permission is granted on condition
1)
that all birds of prey and owls are marked,
2)
that blood samples are taken of all birds of prey and owls, and
3)
that the National Forest and Nature Agency at any time by producing
legimitation unannounced has admittance to the
premises in order to check that the conditions are met.
4.4
Marking is done with microchips unless otherwise decided by The National
Forest and Nature Agency.
4.5
The National Forest and Nature Agency determines how blood samples are
taken and where they are kept.
Section
5.
5.1 Import, export, and trade, et cetera of birds
of prey and owls is encompassed in the Council Regulation (EEC) 3626/82
of December 3, 1982 regarding the implementation in The European
Communities of The Convention on International Trade in Endangered
Species. (Washington Convention)
Chapter 4
Exemption
Section 7.
7.1 The National Forest and Nature Agency in special cases
may derogate from the regulation laid down in section 3, if it is
documented that the birds are bred in captivity at least to the second
generation.
7.2 In
connection with the derogation mentioned in section 7.1, conditions have
been laid down, some of them being the ones mentioned in subsection 4.3
- 4.5
Chapter 5
Administration
Section 9.
9.1 The
National Forest and Nature Agency may at any time revoke the permissions
and exemptions granted according to the provisions i section 4, 7, and
14 if the conditions are infringed or no longer fulfilled.
Section 10.
10.1 The
National Forest and Nature Agency determines what to do with birds, the
possession of which is no longer legal.
Section 11.
11.1 The
National Forest and Nature Agency charges a fee for the administration
of measures of control in pursuance of this statutory order including
expenses in connection with the taking of blood samples and the marking
mentioned in section 4 and 7.
Section 12.
12.1 The National
Forest and Nature Agency see to the observance of this statutory order including
that the conditions laid down in permissions and exemptions are observed.
Section 13.
13.1 Decisions
made by The National Forest and Nature Agency by this statutory order cannot be
brought before another administrative authority. Chapter
6
Transitional
provisions
Section 14.
14.1 The National Forest and Nature Agency grant permission to
owners of birds of prey or owls the possession of which is legal on April 1,
1994 with reference to current rules according to the regulations set up in
section 4.3 - 4.6 if an application has been presented to The National Forest
and Nature Agency before July 1, 1994. 14.2
Permission according to 14.1 implies that The National Forest and Nature Agency
finds it documented that the birds are legally procured or bred in captivity. 14.3
If an application is not presented before June 1, 1994, the keeping of birds is
not legal from this date. If permission according to 14.1 is not granted
the keeping of birds is not legal from the date the decision of The Forest and
Nature Agency is received by the applicant.
Section 16.
16.1 Expenditures on the first markings and first blood samples
from the birds of prey or owls in captivity on April 1, 1994 cf. section 14 are
paid by the government.
Chapter 7
Penalty and
Entry into Force
Section 17.
17.1 Unless a
more severe penalty is provided for by other legislation anybody will be
punishable with a fine
- 1) if violating
section 3, section 4.1, and section 6.1
2) without having
sent an application or having been granted permission to maintain an existing
possession of birds of prey or owl cf. section 14.3 is not
phasing out the possession of birds.
17.2 The penalty may
rise to ordinary imprisonment or imprisonment for 1 year if the contraventions
were intentional or a result of gross negligence and if the contravention has
- 1) caused
considerable damage to the interests which legislation intend to protect cf.
section 1.1 in The Game and Hunting Administration Act,
and section 1.1 and 1.2 in The Conservation of Nature Act or caused a risk
as to these interests or
- 2) obtained or
aimed at a profit for the person concerned or others.
Section 18.
18.1 The National Forest and Nature Agency decides what to do with
birds confiscated in connection with violations of the statutory order.
Section 19.
The Statutory Order enters
into force April 8, 1994
|
