Recording, collections and protected species.

People who record molluscs or have shell collections are sometimes worried about the risk that they may unintentionally break the law - and the laws are getting more complicated.

The first thing to remember is that the laws are there for a good purpose - to protect species that are at risk. If you are aware of and follow the Conchological Society Code of Conduct and act sensibly, you shouldn't have any problems, but ignorance isn’t always a defence. Here are some simple suggestions about what to do to avoid problems when recording and collecting shells in Britain and Ireland.

Mollusc species currently protected in the UK

A: RECORDING AND COLLECTING PROTECTED SPECIES IN ENGLAND SCOLAND AND WALES.

Ten mollusc species are currently protected in the England, Scotland and Wales – nine under the Wildlife and Countryside Act 1981, and the tenth (in red in the table above) under the Conservation of Habitats and Species Regulations 2010.

1: As it’s generally illegal and undesirable to disturb protected species without good reason, the first thing to do is to check, using NBN (http://data.nbn.org.uk/), whether any protected species are likely to occur where you are planning to collect. Also check at the same time that the law hasn’t changed. There is at the moment, for instance, a proposal to take Paludinella littorina off the list. If in doubt, check with the CS’s Conservation Officer or with the appropriate Recorder.

2: If any protected species are likely to occur where you plan to record and collect shells, find out enough about them to know what they look like, and what kinds of places they are likely to occur in; and if you decide to record there, be very careful not to disturb or damage them or their habitat. If you have a good reason to collect any protected species, or think that there is a real risk that you may accidentally disturb or collect them (e.g. in the case of very small species), you should apply for a licence (in England, from NE using application form WML A29 available at: http://www.naturalengland.org.uk/ourwork/regulation/wildlife/licences/a… in Wales apply to CCW and in Scotland to SNH. You will need to allow three weeks to get a reply; there is no charge

3: If no protected species is likely to occur where you are planning to record and collect, you don't need a licence.

4: If, when you record and collect, you find a protected species that you could not reasonably have expected would be there, don't worry, you haven’t broken the law, and you may have helped us to know more about a rare species. If you are still on site and it's alive, put it back. Take a photo as long as this doesn’t create further disturbance, carry on collecting, and report the find. If it’s dead, please keep the specimen and report it to the relevant Conchological Society Recorder.

B: RECORDING AND COLLECTING PROTECTED SPECIES IN NORTHERN IRELAND.

It appears that the only protected mollusc in N. Ireland is M. margaritifera (see http://www.opsi.gov.uk/sr/sr1995/Nisr_19950380_en_1.htm#tcon, and http://www.ni-environment.gov.uk/biodiversity/wildlife_management_and_l… in relation to licensing).

C: HAVING SPECIMENS OF THESE PROTECTED SPECIES IN YOUR COLLECTION IN THE UK.

1: Anisus vorticulus: As this is protected under The Conservation of Habitats and Species Regulations 2010, you need a license to possess specimens if they have been taken from the wild since October 2008, regardless of whether they were alive or dead when they were collected (or whether they come from outside the UK). You can apply for a licence (in England, from NE using application form WML A37 available at: http://www.naturalengland.org.uk/ourwork/regulation/wildlife/licences/a… in Wales apply to CCW, in Scotland to SNH, and in Northern Ireland to the Department of the Environment (DOE) (NI). You will need to explain why you have the shells, and why you want to retain them; but NE and its sister organisations are usually very reasonable when dealing with genuine cases. There is no charge.

2: For all the other species, a licence is not needed to keep dead shells provided they were collected legally (already dead when collected, collected prior to the species being protected, or collected in another country where they can be collected legally). However, the onus is on you to be able to show that the shells were legally acquired – to do this, it helps to keep notebooks and photos, record relevant details on data labels, keep original record labels or cards, and keep records of purchase or transferral of old collections containing species that are now protected.

D: REPUBLIC OF IRELAND.

There are two species of protected mollusc in the Republic of Ireland, the Kerry Slug Geomalacus maculatus and the freshwater pearl mussel Margaritifera margaritifera, and it is illegal to kill or disturb them. Licences to allow research or similar activity on these species in the Republic of Ireland can be applied for from the National Parks and Wildlife Service (NPWS). Details of how to apply for licences and the necessary forms are available from http://www.npws.ie/en/WildlifePlanningtheLaw/. The National Biodiversity Data Centre site (http://www.biodiversityireland.ie/) provides good information for mollusc distributions in the whole of Ireland.

E: OTHER COUNTRIES.

Collecting in other countries: Things are often very different in other countries, and can be complicated – working recently in Australia, I found that I needed two different licenses to collect dead shells in a National Park. Many countries prohibit any collection without a licence, and many ban taking shells out of or into their countries without a licence. Import and export of some shells – e.g. Tridacna spp. – is also banned by CITES. The golden rule is take local advice before you start collecting, and also to take advice if possible from other conchologists who have been where you plan to go. Remember also that if you need a license, it may take a long time to apply and for your application to be processed.

Specimens from other countries in your collection: Just as for Anisus vorticulus in the UK, it is illegal to possess specimens of any other species or subspecies listed in Annex IV(a) to the EEC Habitats Directive (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:1992L0043…), unless you have a licence, can show that they were not taken from the wild, were taken from the wild legally in the EU, or were taken outside the EU. Species currently listed on that annex are:

GASTROPODA: Anisus vorticulus, Caseolus calculus, Caseolus commixta, Caseolus sphaerula, Chilostoma banaticum, Discula leacockiana, Discula tabellata, Discula testudinalis, Discula turricula, Discus defloratus, Discus guerinianus, Elona quimperiana, Geomalacus maculosus, Geomitra moniziana, Gibbula nivosa, Hygromia kovacsi, Idiomela (Helix) subplicata, Lampedusa imitatrix, Lampedusa melitensis, Leiostyla abbreviata, Leiostyla cassida, Leiostyla corneocostata, Leiostyla gibba, Leiostyla lamellosa, Paladilhia hungarica, Patella ferruginea, Sadleriana pannonica, Theodoxus prevostianus, Theodoxus transversalis

BIVALVIA: Lithophaga lithophaga, Pinna nobilis, Margaritifera auricularia, Unio crassus, Congeria kusceri

Thanks: I am very grateful to Jo Oldaker of Natural England and to Matt Shardlow of Buglife for finding the time to comment on drafts of this note; and to Brian Nelson of the National Parks and Wildlife Service, Department of Environment, Heritage & Local Government, for kindly providing information about Ireland.