Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 (S.I. No. 609 of 2010)

S T A T U T O R Y I N S T R U M E N T S 2010 No. 609 WILDLIFE, ENGLAND AND WALES The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010 Made - - - - 3rd March 2010 Laid before Parliament 9th March 2010 Laid before the National Assembly for Wales 9th March 2010 Coming into force - - 6th April 2010 The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make the following Order in exercise of the powers conferred on them by section 22(5) of the Wildlife and Countryside Act 1981(a). In accordance with the requirements of section 26(4)(b) of that Act, the Secretary of State and the Welsh Ministers— (a) have given any local authority affected and any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order; and (b) have consulted with the Joint Nature Conservation Committee, being the advisory body they considered was best able to advise them as to whether this Order should be made. Title, commencement and extent 1. This Order— (a) may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010: (b) comes into force on 6th April 2010; and (c) extends to England and Wales only. (a) 1981 c. 69. The functions of the Secretary of State under section 22, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and were subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). (b) The functions of the Secretary of State under section 26(4) , so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and were subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006. For the definition of “advisory body” see section 23 of the Wildlife and Countryside Act 1981. 2 Variation of Schedule 9 2.—(1) Schedule 9 (animals and plants to which section 14 applies)(a) to the Wildlife and Countryside Act 1981 is varied as follows. (2) Add the following animals to Part 1 (animals which are established in the wild) — Common name Scientific name Boar, Wild Sus scrofa Chough Pyrrhocorax pyrrhocorax Corncrake Crex crex Crab, Chinese Mitten Eriocheir sinensis Crane, Common Grus grus Crayfish, Red Swamp Procambarus clarkii Crayfish, Spiny-cheek Orconectes limosus Deer, Chinese Water Hydropotes inermis Flatworm Kontikia andersoni Flatworm Kontikia ventrolineata Flatworm, Australian Australoplana sanguinea Goose, Bar-headed Anser indicus Goose, Barnacle Branta leucopsis Goose, Emperor Anser canagicus Goose, Snow Anser caerulescens Goshawk Accipiter gentilis Kite, Red Milvus milvus Limpet, Slipper Crepidula fornicata Owl, Eagle Bubo bubo Oyster Drill, American Urosalpinx cinerea Parakeet, Monk Myiopsitta monachus Pochard, Red-crested Netta rufina Shelduck, Ruddy Tadorna ferruginea Swan, Black Cygnus atratus. (3) Remove the following animals from Part 1 — Common name Scientific name Budgerigar Melopsittacus undulatus Coypu Myocastor coypus With respect to the Outer Hebrides and the islands of Arran, Islay, Jura and Rum — (a) Deer, Cervus (all species) (b) Deer, any hybrid one of whose parents or other lineal ancestor was a species of Cervus Deer Cervus Any hybrid of the genus Cervus Gerbil, Mongolian Meriones unguiculatus Porcupine, Crested Hystrix cristata Porcupine, Himalayan Hystrix hodgsonii Quail, Bobwhite Colinus virginianus. (a) As previously varied by S.I. 1992/320, 2674, 1997/226, 1999/1002. 3 (4) Add the following plants to Part 2 (plants) — Common name Scientific name Alexanders, Perfoliate Smyrnium perfoliatum Algae, Red Grateloupia luxurians Archangel, Variegated Yellow Lamiastrum galeobdolon subsp. argentatum Azalea, Yellow Rhododendron luteum Balsam, Himalayan Impatiens glandulifera Cotoneaster Cotoneaster horizontalis Cotoneaster, Entire-leaved Cotoneaster integrifolius Cotoneaster, Himalayan Cotoneaster simonsii Cotoneaster, Hollyberry Cotoneaster bullatus Cotoneaster, Small-leaved Cotoneaster microphyllus Creeper, False Virginia Parthenocissus inserta Creeper, Virginia Parthenocissus quinquefolia Dewplant, Purple Disphyma crassifolium Fanwort (otherwise known as Carolina Water Shield) Cabomba caroliniana Fern, Water Azolla filiculoides Fig, Hottentot Carpobrotus edulis Garlic, Three-cornered Allium triquetrum Hyacinth, Water Eichhornia crassipes Knotweed, Giant Fallopia sachalinensis Knotweed, Hybrid Fallopia japonica x Fallopia sachalinensis Knotweed, Japanese Fallopia japonica Leek, Few-flowered Allium paradoxum Lettuce, Water Pistia stratiotes Montbretia Crocosmia x crocosmiiflora Parrot’s Feather Myriophyllum aquaticum Pennywort, Floating Hydrocotyle ranunculoides Potato, Duck Sagittaria latifolia Primrose, Floating Water Ludwigia peploides Primrose, Water Ludwigia grandiflora Primrose, Water Ludwigia uruguayensis Rhododendron Rhododendron ponticum Rhododendron Rhododendron ponticum x Rhododendron maximum Rhubarb, Giant Gunnera tinctoria Rose, Japanese Rosa rugosa Salvinia, Giant Salvinia molesta Seafingers, Green Codium fragile Stonecrop, Australian Swamp (otherwise known as New Zealand Pygmyweed) Crassula helmsii Waterweed, Curly Lagarosiphon major Waterweeds All species of the genus Elodea. (5) Remove the following plants from Part 2 — Common name Scientific name Knotweed, Japanese Polygonum cuspidatum Seafingers, Green Codium fragile tomentosoides. Huw Irranca-Davies Parliamentary Under Secretary of State 26th February 2010 Department for Environment, Food and Rural Affairs Jane Davidson Minister for Environment, Sustainability and Housing 3rd March 2010 One of the Welsh Ministers EXPLANATORY NOTE (This note is not part of the Order) This Order, which extends to England and Wales, varies Schedule 9 to the Wildlife and Countryside Act 1981 (c. 69), which lists animals which may not be released or allowed to escape into the wild and plants which may not be planted or otherwise caused to grow in the wild. Article 2(2) adds twenty-four new entries to Part 1 (animals which are established in the wild) of Schedule 9, and article 2(3) removes eight existing entries from that Part. Article 2(4) adds thirty-nine new entries to Part 2 (plants) of Schedule 9. Amongst these, the new entry for Japanese Knotweed under the scientific name “Fallopia japonica” replaces the former entry for it which used the scientific name “Polygonum cuspidatum” (and which is now removed by article 2(5)); and the new entry for Green Seafingers under the scientific name “Codium fragile” replaces that (again removed by article 2(5)) for only its sub-species “Codium fragile tomentosoides”. A full impact assessment of the effect this instrument will have on the costs of business and the voluntary sector is available at www.defra.gov.uk and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website. Crown copyright 2010 Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament. £4.00 E6352 03/2010 106352T 19585