Relevant Provisions in

The Statutory Order with regard to Possession of Birds in Captivity
Miljøministeriets bekendtgørelse nr. 216 af  21. marts 1994

Chapter 1
Field et cetera
Section 1.

The Statutory Order applies to the possession of birds in captivity comprising
1.1    1 or more birds of prey or owls,

Section 2. 
2.1    A bird is considered bred in captivity in the second generation if the bird itself and both parents are born and bred in captivity

Chapter 2
Birds of Prey and Owls
Section 3.
 
3.1    Birds of prey and owls of the species mentioned in annex 1 must not be kept in captivity.

Section 4. 
4.1    Birds of prey and owls not mentioned in annex 1 may only be kept in captivity after permission from The National Forest and Nature Agency.

4.2    Permission according to subsection 1 implies that the birds are bred in captivity or legally procured according to the rules laid down in section 5.

4.3    Permission is granted on condition 

1)     that all birds of prey and owls are marked,

2)     that blood samples are taken of all birds of prey and owls, and

3)     that the National Forest and Nature Agency at any time by producing legimitation unannounced has admittance to the    premises in order to check that the conditions are met.

4.4    Marking is done with microchips unless otherwise decided by The National Forest and Nature Agency.

4.5    The National Forest and Nature Agency determines how blood samples are taken and where they are kept.

Section 5.
5.1    Import, export, and trade, et cetera of birds of prey and owls is encompassed in the Council Regulation (EEC) 3626/82 of December 3, 1982 regarding the implementation in The European Communities of The Convention on International Trade in Endangered Species. (Washington Convention)

Chapter 4
Exemption
Section 7.
7.1   The National Forest and Nature Agency in special cases may derogate from the regulation laid down in section 3, if it is documented that the birds are bred in captivity at least to the second generation. 

7.2    In connection with the derogation mentioned in section 7.1, conditions have been laid down, some of them being the ones mentioned in subsection 4.3 - 4.5

Chapter 5
Administration
Section 9.
9.1    The National Forest and Nature Agency may at any time revoke the permissions and exemptions granted according to the provisions i section 4, 7, and 14 if the conditions are infringed or no longer fulfilled.

Section 10.
10.1    The National Forest and Nature Agency determines what to do with birds, the possession of which is no longer legal.

Section 11.
11.1    The National Forest and Nature Agency charges a fee for the administration of measures of control in pursuance of this statutory order including expenses in connection with the taking of blood samples and the marking mentioned in section 4 and 7.

Section 12.
12.1    The National Forest and Nature Agency see to the observance of this statutory order including that the conditions laid down in permissions and exemptions are observed. 

Section 13.
13.1    Decisions made by The National Forest and Nature Agency by this statutory order cannot be brought before another administrative authority.

Chapter 6
Transitional provisions
Section 14.
14.1   The National Forest and Nature Agency grant permission to owners of birds of prey or owls the possession of which is legal on April 1, 1994 with reference to current rules according to the regulations set up in section 4.3 - 4.6 if an application has been presented to The National Forest and Nature Agency before July 1, 1994.

14.2   Permission according to 14.1 implies that The National Forest and Nature Agency finds it documented that the birds are legally procured or bred in captivity.

14.3   If an application is not presented before June 1, 1994, the keeping of birds is not legal from this date. If permission  according to 14.1 is not granted  the keeping of birds is not legal from the date the decision of The Forest and Nature Agency is received by the applicant.

Section 16.
16.1   Expenditures on the first markings and first blood samples from the birds of prey or owls in captivity on April 1, 1994 cf. section 14 are paid by the government.

Chapter 7
Penalty and Entry into Force
Section 17.
17.1  Unless a more severe penalty is provided for by other legislation anybody will be punishable with a fine

  • 1)   if violating section 3, section 4.1, and section 6.1

 2)  without having sent an application or having been granted permission to maintain an existing possession of birds of prey or owl cf.  section 14.3 is not phasing out the possession of birds.

17.2   The penalty may rise to ordinary imprisonment or imprisonment for 1 year if the contraventions were intentional or a result of gross negligence and if the contravention has

  • 1)   caused considerable damage to the interests which legislation intend to protect cf. section 1.1 in The Game and Hunting   Administration Act,  and section 1.1 and 1.2 in The Conservation of Nature Act or caused a risk as to these interests or
  • 2)   obtained or aimed at a profit for the person concerned or others.

Section 18.
18.1   The National Forest and Nature Agency decides what to do with birds confiscated in connection with violations of the statutory order.

Section 19.
The Statutory Order enters into force April 8, 1994

 

 
 

Annex 1

 

Honey buzzard

Merlin

Hobby

Gyr falcon

Peregrine falcon

Kestrel

Common buzzard

Rough-legged buzzard

Greater spotted eagle

Lesser spotted eagle

Serpent eagle

 

Red-footed falcon

Black kite

Red kite

White-tailed eagle

Golden eagle

Osprey

Barn owl

Eagle owl

Pygmy owl

Snowy owl

Hawk owl

 

 

Marsh harrier

Hen harrier

Pallid harrier

Montagu's harrier

Goshawk

Sparrow Hawk

Little own

Tawny owl

Long-eared owl

Short-eared owl

Tengmalm's owl