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This legislation translates into UK legislation, the EEC Council Directive 92/43/EEC, The Conservation of Natural Habitats and of wild fauna and flora, known as the Habitats Directive.
This legislation protects habitats and species across Europe and so includes species on animal found in the UK. These species are
known as European Protected Species (EPS) and these regulations are the primary regulations protecting these species, NOT the
Wildlife and Countryside Act. These species include the otter, common dormouse and all bats.
Section 41 provides protection for these European Protected Species (EPS) which are listed on Schedule 2.
Like the Wildlife and Countryside Act, it has similarly worded defences for rehabilitation of any species protected under Section 42.
These Regulations require all those who are keeping either a; a wild animal of an EPS species or b; part of, or anything derived of, a wild animal of an EPS species, to have a licence. Although rehabilitation is permitted under the Regulations, the various SNCOs are
considering time limits for holding different species in care before a licence is required. For instance, you do not need a licence to rehabilitate a bat unless you intend to keep it for longer than six months.