Annex B: to disturb and take European protected species
Updated 1 January 2024
Applies to England
© Crown copyright 2024
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Class licence CL30 Annex B: to disturb and take European protected species (EPS) for the purposes of science, education or conservation and imperative reasons of overriding public interest.
Overview
The licence permits Registered and Authorised Persons to disturb and take European Protected Species for the purposes of science, education or conservation and imperative reasons for overriding public interest.
Annex B also permits, subject to conditions, the possession of live specimens of any animal or plant species listed on the Habitats Directive, for the same purposes.
Activities permitted:
- to disturb any EPS whilst it is occupying a structure or place used for shelter or protection
- to destroy, damage or obstruct access to a structure or place which is used by EPS for shelter, protection, breeding or resting
- to take by hand or other humane means any EPS, or any part or derivative thereof
- to possess and/or transport any live specimen of a species listed in Annex IIb and IV of the Habitats Directive, or any part or derivative thereof
Purpose(s) for which these activities may be conducted: this licence can only be used for science, education, conservation, and in the interests of overriding public interest:
- investigating whether an offence has been committed (either under the Habitats Directive or as part of another police investigation)
- gathering evidence in connection with proceedings before any court
Important
These activities are subject to the terms and conditions set out in the main licence in addition to Annex B licence conditions below.
Annex B: licence conditions
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Registered or Authorised Persons should, unless operational procedures prevent it, consult with appropriately qualified or experienced persons before undertaking any work to which this Annex relates to ensure impacts are minimised and to help identify information that may be useful to investigating a potential offence.
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The definition of ‘take’ for live specimens present in the wild is, for the purpose of this licence, limited to the removal by hand, examination and replacing at the site of capture (also see Annex Licence Condition 4). It does not permit the translocation of specimens - taking and moving to another place.
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Any disturbance of species or damage or destruction to places of shelter, protection or breeding or resting sites must be restricted to the minimum required to complete the necessary activity. All reasonable efforts must be made to repair any damage caused under this licence. All structures restricting access or movement should be removed.
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Disturbance and handling of hibernating species must only take place when it cannot be avoided and must only be undertaken by an appropriately licensed individual (see Additional information for Annex C).
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If a hibernation site of one of the species covered by this licence has been damaged or destroyed during the hibernation period and cannot continue to be used that season then individuals may be taken and retained in captivity until the next suitable time period for release of them at, or near to, the original site of capture provided that compensation for the loss of any hibernation site has been provided.
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The following activities and methods are permitted for each species as set out below.
| Species: mammals | Activity | Method |
|---|---|---|
| Bats (all species) (Chiroptera) | disturb and take damage or destruction of a breeding site or resting place obstruction of access to a breeding site or resting place possess and / or transport |
hand, endoscopes, and observation, including the use of artificial light (including torch light) |
| Common otter (lutra lutra) | disturb damage or destruction of a breeding site or resting place obstruction of access to a breeding site or resting place possess and / or transport take |
observation, including the use of artificial light by hand |
| Hazel dormouse (muscardinus avellanarius) | disturb and take damage or destruction of a breeding site or resting place obstruction of access to a breeding site or resting place possess and / or transport |
by hand and observation, including the use of artificial light |
| Species: amphibians | Activity | Method |
|---|---|---|
| Great crested newt (triturus cristatus) | disturb and take damage or destruction of a breeding site or resting place obstruction of access to a breeding site or resting place possess and / or transport |
hand, net, artificial light (including torch light) |
| Natterjack toad (epidalea calamita – formerly known as bufo calamita) | disturb and take damage or destruction of a breeding site or resting place obstruction of access to a breeding site or resting place possess and / or transport |
hand, net and artificial light (including torch light) |
| Species: reptiles | Activity | Method |
|---|---|---|
| Sand lizard (lacerta agilis) | disturb and take damage or destruction of a breeding site or resting place obstruction of access to a breeding site or resting place Possess and / or transport |
hand |
| Smooth snake (coronella austriaca) | disturb and take damage or destruction of a breeding site or resting place obstruction of access to a breeding site or resting place possess and / or transport |
hand |
| Species: plants | Activity | Method |
|---|---|---|
| Floating water plantain (luronium natans) | pick and uproot possess and / or transport |
by hand and grappling |
| Species: invertebrates | Activity | Method |
|---|---|---|
| Large blue butterfly (maculinea arion) | disturb and take damage or destruction of a breeding site or resting place obstruction of access to a breeding site or resting place possess and / or transport |
hand and net |
| Little (also known as Lesser) whirlpool ramshorn snail (anisus vorticulus) | disturb and take damage or destruction of a breeding site or resting place obstruction of access to a breeding site or resting place possess and / or transport |
hand and net |
Reporting requirements
Registered Persons engaged in activity under the terms of this licence Annex must submit a report to Natural England as set out in Licence Conditions 8 to 10 including:
a) the species involved
b) when and where (OS 6-figure grid reference for example, TX123789) the activity took place
c) what activities were undertaken
d) the names and contact details of any Authorised Persons and Assistants that were engaged in the activity
e) where and when any individual specimens taken were liberated
f) which specimens have been retained, where and why they are kept
g) a record of any relevant training undertaken
Additional information for this annex
Injured specimens are covered under the defence within the regulations at 44(1) and (2).
An ‘appropriately licensed individual’ must hold a licence for the activity to disturb and/or handle that species.