Use of Fixed Penalty Notices for wildlife offences in Scotland: consultation analysis

Consultation Questions

1. Do you agree that the introduction of proportionate fixed penalty notices help with the enforcement of wildlife offences?

2. Do you agree that FPNs would provide a useful and effective alternative to prosecution for wildlife offences which carry a maximum penalty of 6 months imprisonment? For example publishing an advert to sell a live wild bird (Section 6 of the Wildlife and Countryside Act 1981) or specified licensing infringements under section 17 of the Wildlife and Countryside Act).

3. Please provide examples of any other existing wildlife offences you feel may be suitable for fixed penalty notices.

4. Please provide examples of existing wildlife offences you feel would be unsuitable for fixed penalty notices.

5. If you do not think that FPNs would be a suitable or effective means of enforcement for any wildlife offences please provide your reasons here.

6. A number of different fixed penalty notice regimes exist in Scotland covering a range of offences, for example;

• Marine (Scotland) Act 2010 allows Marine Enforcement Officers to issue FPNs for a variety of sea fisheries or marine conservation offences
• The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 allows SEPA to issue FPNs for waste crime

Are there any FPN schemes in Scotland you feel are particularly effective and provide a good example of an enforcement regime?

7. Do you have any other comments on the use of fixed penalty notices for wildlife