Direct prohibitions on taking and deliberate disturbance Sample Clauses

Direct prohibitions on taking and deliberate disturbance. Direct prohibitions backed by the threat of a criminal penalty or administrative fine are a common means of conserving endangered species. Such prohibitions are frequently found in endangered species legislation and other types of wildlife conservation laws. To meet their obligations under AEWA, Parties will need to establish direct prohibitions in certain cases: specifically, the taking of birds and eggs of Column A populations. Parties may also go beyond the requirements of AEWA and adopt direct prohibitions on the taking of additional populations/species of migratory waterbird, as appropriate to meet national conservation objectives,7 where more than one population of the same species occurs in the same country (for more details see Step 4, IV.) or to avoid the accidental killing of a protected species due to confusion with a look-alike species. Prohibitions on takings should cover hunting, capture, deliberate killing, and the destruction or removal of eggs, as well as attempts to engage in such activities. Such takings should be prohibited in all places and at all times: this means that it is typically not sufficient for a country to prohibit taking without a license, unless it can ensure that licenses will only be issued for Column A populations in those circumstances in which AEWA allows exemptions to the required takings prohibition (for more details see Step 4, V.). It is likewise insufficient to prohibit taking within protected areas. The Finland Nature Conservation Act provides an example of an unconditional prohibition on direct taking of the kind that is needed to meet this obligation (see practical example 1). The Finland Nature Conservation Act also demonstrates an example of prohibition of “deliberate disturbance”, with emphasis on situations in which such disturbance would be significant to the concerned populations, as required by AEWA. In addition, legislation can prohibit specific actions that can reasonably be expected to cause damage or disturbance to specimens of migratory waterbirds. This can allow for greater flexibility in addressing harmful activities, particularly those falling under the category of “deliberate disturbance”. Practical example 1: Finland, Nature Conservation Act, 1996
Sample 1
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