Where would I stand with UK law if this happened?

[froggy]

A hypothetical question about a situation that could easily happen. A few months ago, I bought some aquatic plants (Fontinalis) online. I have now found a couple of smooth newt (Lissotriton vulgaris) larvae in some of the tanks that I put the plants in. This got me thinking, what would happen if they were crested newt larvae, instead? The law says that I can't touch them, let alone own them, but that I can't release them either this would be even more of an issue given that they would have travelled across the country and been exposed to pet animals etc). What would I do to stay within the law?

C

 

[FrogEyes]

On this side of the ocean, I'd say explain it to the appropriate wildlife department. From what I've heard about the systems in the UK, I'd say freeze them and burn them to cinders, since you probably can't win aither way.

 

[Azhael]

Here i would do as FrogEyes...you just take them to the authorities, explain, smile and make sure to drop the line "i´m really worried about the little buggers because i´m such an enthusiast of Lissotriton vulgaris" at least thrice (scientific name is important xD).
I think even with strict laws, if you explain there shouldn´t be a problem, but maybe i´m being naive.

 

[Mark]

Hypothetically, if they were great crested newts you wouldn’t have broken the law in receiving them. You did not intentionally or deliberately collect them. If the business that sold the plants was also unaware of their presence they too would have broken no law. There has to be some intent on behalf of the parties involved i.e. they knowingly sold you GCN eggs. Keeping them however would mean you were in breach of the law so you would need to speak to whoever regulates this kind of thing (English Nature perhaps?). My guess is that in reality these laws were not intended to protect GCN from the scenario you describe (accidents) so I would be very surprised if anyone even considered action in these circumstances.

I had exactly the same problem when I purchased some elodea from a garden centre a few years back. Mystery newts are always good.

 

[rethgar]

In this scenario you haven't commited any offence. In fact there is some provision for 'emergency' type action where faced with a situation where GCN or theire eggs and larvaerequire immediate translocation, usually used in cases where they are trapped in gullys or spillage threatens habitat. The best option would just be to move them to a suitable pond, your local Wildlfie Trust or Amphibian and Reptile Group could help, in fact they shuld have a licensed newt work to make it easier.

I would sterer clear of Natural England (English Nature as was) recently (and I stress this is personal opinion and experience) they have moved over onto a more call centre type model and it is difficult to get an opinion out of them.

Changes to legislation overall have tightened things up considerably and in most cases of this type ignorance would be no excuse on the part of the seller as they have either harvested plants from a wild GCN pond thus causing disturbance or are growing it with GCN in their crops thus creating disturbance. The buyer is fine in this scenario as rthe purchase was for plants not animals (or eggs).

In the case of imported plants the release scenario changes completely however...

 

[froggy]

Thanks for the replies. As I said, in this case the eggs were smooth newt, so there is no problem, but it's good to have some opinion as to what to do if they were cresteds!

I suspect, though, that reintroduction wouldn't be a option as they have shared a tank with non-native captive newts. I suppose that the law isn't written to deal with events that happen rarely and are even less frequently reported!

If they couldn't be relocated, I suppose I would have to apply for a license to keep them or have them destroyed.

I have already suffered frustration at the hands of English Nature call centers when trying to report illegal marbled newts in a pet shop (there is another thread in which I vent, so i won't do it again!).


All the best

Chris