Government Decree on Managing the Risk Caused by Alien Species (704/2019)

Translation from Finnish Legally binding only in Finnish and Swedish Ministry of Agriculture and Forestry, Finland Government Decree on Managing the Risk Caused by Alien Species (704/2019) In accordance with a decision of the Government, the following is enacted under section 11, subsection 3 and section 16, subsections 5 and 6 of the Act on Managing the Risks Caused by Alien Species (1709/2015), such as they stand in section 16, subsections 5 and 6 of the amended Act (682/2019): Section 1 Invasive alien species of national concern Invasive alien species of national concern referred to in section 11 of the Act on Managing the Risks Caused by Alien Species (1709/2015) (Invasive Alien Species Act) are the species listed in Annexes A and B of this Decree and those included in the taxonomic groups of species listed in Annex A. The species belonging to the taxonomic groups listed in paragraphs 1.1–2.4 and 4.1 of Annex A refer to species listed in section 2, subsection 1 and section 11, subsection 1 of the Invasive Alien Species Act and in Article 3, paragraph 1 of Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species, which, in Finland, are outside of their native area and which are not included on the list of invasive alien species of European Union concern. Section 2 Exceptions concerning certain animal species Section 4 of the Invasive Alien Species Act shall not apply to the species referred to in paragraphs 3–5 of Annex A to this Decree. The ban laid down in section 11, subsection 2, paragraph 2 of the Invasive Alien Species Act shall not apply to: 1) specimens of species referred to in paragraphs 1–4 of Annex A which are used for an activity referred to in a permit under section 20, subsection 2 or section 20 a, subsection 1 of the Animal Welfare Act or for an activity referred to in the Act on the Protection of Animals Used for Scientific or Educational Purposes (497/2013); 2) specimens of species referred to in paragraph 1.1 of Annex A which are used as fur animals or their breeding animals. Section 3 Prohibited hunting devices Iron traps may not be used to trap raccoons or raccoon dogs, nor may air guns be used to kill them. The provisions of subsection 1 also apply to other mammals of comparable or larger size referred to in section 16 the Invasive Alien Species Act. Iron traps may not be used to trap nutria on land, nor may air guns be used to kill them. Section 4 Requirements concerning firearms The bullet scoring energy of a rifled firearm to be used for the shooting of an animal referred to in section 16 of the Invasive Alien Species Act must be at least 100 joules when measured from the muzzle. However, raccoons, nutria and raccoon dogs, as well as other similarly sized mammals referred to in section 16 of the Invasive Alien Species Act, may be shot only with a firearm with a cartridge bullet weight of at least 2.5 grams and a bullet scoring energy of at least 200 joules when measured 100 metres from the muzzle or with a scoring energy of at least 300 joules when measured from the muzzle regardless of the bullet weight. Mammal species referred to in section 16 of the Invasive Alien Species Act that are larger than those referred to in subsection 1 above may be shot only with a firearm with a cartridge bullet weight of at least 3.2 grams and a bullet scoring energy of at least 800 joules when measured 100 metres from the muzzle. The gauge of a shotgun used to shoot an animal referred to in section 16 of the Invasive Alien Species Act must be smaller than 10 but at least 20. A shotgun with a gauge smaller than 20 may, however, be used to shoot mink, muskrat and similarly sized or smaller animals, but not a shotgun with a gauge smaller than 36. If a bow is used for shooting raccoon, muskrat, mink or raccoon dog or another similarly sized mammal referred to in section 16 of the Invasive Alien Species Act, the bow must have a pulling strength of at least 180 newtons. Section 5 Breaking a muskrat nest If an inhabited muskrat nest is broken, the young in the nest must be killed if this is reasonably possible considering the circumstances. Section 6 Entry into force and transitional provisions This Decree enters into force on 1 June 2019. However, the ban on breeding invasive alien species of national concern referred to in section 11, subsection 2, paragraph 2 of the Invasive Alien Species Act shall apply to the species referred to in paragraph 8 of Annex B as of 1 June 2022. This Decree repeals the Government Decree on Invasive Alien Species of National Concern (1725/2015). The species mentioned in paragraphs 1–4 of Annex A are subject to the prohibitions laid down in section 11, subsection 2, paragraph 2 of the Invasive Alien Species Act as of 1 January 2016. The owner of a specimen that has been acquired legally as a pet before 1 January 2016 may, however, keep the animal in their possession until its natural death. Notwithstanding the provisions of subsection 2: 1) the ban on keeping, breeding, transporting, placing on the market, passing on, selling or otherwise conveying alien species as laid down in section 11, subsection 2, paragraph 2 of the Invasive Alien Species Act shall apply to the hybrids referred to in paragraph 1.1.1 of Annex A upon the entry into force of this Decree. 2) the prohibitions laid down in section 11, subsection 2, paragraph 2 of the Invasive Alien Species Act shall apply to specimens in the taxonomic group referred to in paragraph 1.3 of Annex A and to specimens of the species referred to in paragraphs 4.4 and 4.5 of Annex A upon the entry into force of this Decree; 3) hybrids referred to in paragraph 1.1.1 of Annex A, specimens in the taxonomic group referred to in paragraph 1.3 of Annex A and specimens of the species referred to in paragraphs 4.4 and 4.5 of Annex A that have been obtained legally as pets before the entry into force of the Decree may be kept until their natural death. Annex A ANIMALS Paragraphs 1.1−2.4 and 4.1 of Annex A refer to those species belonging to the taxonomic group in question that, in Finland, are outside of their native area and that are not included on the list of invasive alien species of European Union concern. 1 Mammals 1.1 taxonomic group: Carnivora, including 1.1.1 hybrids of domestic dog and wolf (Canis lupus) or domestic dog and other canid species (Canidae) in generations F1–F4, as well as hybrids of these hybrids and canids other than the domestic dog; 1.1.2 hybrids of domestic cat and other feline species in generations F1–F4, as well as hybrids of these hybrids and felines other than the domestic cat; and excluding the following species: carnivores referred to in paragraphs 1 and 2 of section 42, subsection 1 of the Hunting Act (615/1993); domestic dog and its hybrids from generation F5 onwards; domestic cat and its hybrids from generation F5 onwards; ferret. 1.2 taxonomic group: bats Chiroptera 1.3 taxonomic group: chipmunks Tamias 2 Birds 2.1 taxonomic group: birds of prey Accipitriformes and their hybrids 2.2 taxonomic group: falcons Falconiformes and their hybrids 2.3 taxonomic group: owls Strigiformes 2.4 taxonomic group: crows Corvidae 2.5 hybrids of lesser white-fronted goose Anser erythropus and other species of geese 3 Reptiles 3.1 sand lizard Lacerta agilis 4 Amphibians 4.1 taxonomic group: green frogs Pelophylax 4.2 European green tree frog Hyla arborea 4.3 yellow-bellied toad Bombina variegata 4.4 northern leopard frog Lithobates pipiens 4.5 agile frog Rana dalmatina 4.6 alpine newt Ichthyosaura alpestris 5 Molluscs 5.1 Spanish slug Arion vulgaris Annex B PLANTS 1 Nootka lupine Lupinus nootkatensis 2 Aleutian ragwort Jacobaea cannabifolia 3 Himalayan knotweed Reynoutria x bohemica 4 Japanese knotweed Reynoutria japonica 5 giant knotweed Reynoutria sachalinensis 6 Canadian waterweed Elodea canadensis 7 large-leaved lupine Lupinus polyphyllus 8 rugosa rose Rosa rugosa, incl. Rosa rugosa f. alba 9 orange jewelweed Impatiens capensis