Butterflies and the Law

This section of the website is aimed at providing a layman's introduction to the legal protection offered to butterflies in the UK. Of course, many enthusiasts also respect these wonderful creatures beyond the protection offered to them by law. For more information on wildlife (in general) and the law, there is an excellent overview on the Buglife website. Butterflies are protected by a number of acts. The most significant of these is the Wildlife and Countryside Act 1981.

Wildlife and Countryside Act 1981

This act is divided into a number of "schedules" and Schedule 5 lists animals (other than birds) that qualify for protection. Schedule 5 is revised every five years. The butterflies in Schedule 5, and their level of protection, is given below. As far as butterflies are concerned, this act applies to wild, rather than captive-bred, individuals.

Fully-protected Species

The table below lists those species that have full protection.

Butterfly	Year Scheduled
Heath Fritillary	1992
High Brown Fritillary	1992
Large Blue	2007
Large Copper	1992
Marsh Fritillary	1998
Swallowtail	1992

"Full protection" is defined as all of the following parts of the act.

Section	Part	Description
9	1	Intentional killing, injuring, taking.
9	2	Possession or control (live or dead animal, part or derivative).
9	4(a)	Damage to or destruction of any structure or place used by a scheduled animal for shelter or protection.
9	4(b)	Disturbance of any animal occupying such a structure or place.
9	4(c)	Obstructed access to any such structure or place.
9	5(a)	Selling, offering for sale, possessing or transporting for the purpose of sale (live or dead animal, part or derivative).
9	5(b)	Advertising for buying or selling live or dead animal, part or derivative.

Partially-protected Species

The table below lists those species that have partial protection; they are protected by Section 9, Parts 5(a) and 5(b) and, as such, are characterised as being protected for "Sale only".

Butterfly	Year Scheduled
Adonis Blue	1989
Black Hairstreak	1989
Brown Hairstreak	1989
Chalkhill Blue	1989
Chequered Skipper	1989
Duke of Burgundy	1989
Glanville Fritillary	1989
Large Heath	1989
Large Tortoiseshell	1989
Lulworth Skipper	1989
Mountain Ringlet	1989
Northern Brown Argus	1989
Pearl-Bordered Fritillary	1989
Purple Emperor	1989
Silver-Spotted Skipper	1989
Silver-Studded Blue	1989
Small Blue	1989
White-Letter Hairstreak	1989
Wood White	1989

Exemptions

There are certain exemptions to the to the act which are relevant when:

Any damage or disturbance is accidental.
Preventing serious damage to crops or livestock.
Acting in the interests of animal health, public health or public safety.
Damaging or obstructing a place of shelter when it is inside a house.
Carrying out scientific investigations, rescue operations or wildlife photography involving protected animals under licence from the appropriate authority.
Possessing protected species (e.g. in insect collections) which were taken from the wild without contravening the law (e.g. under licence or before legal protection was enacted).

The Wildlife (Northern Ireland) Order 1985

The Wildlife and Countryside Act doesn't apply in Northern Ireland. However, protection is afforded by the Wildlife (Northern Ireland) Order 1985. With regard to the protection of species, this is very similar to the Wildlife and Countryside Act. The butterflies receiving full protection through this act are shown below:

Butterfly	Year Scheduled
Brimstone	1985
Dingy Skipper	1985
Holly Blue	1985
Large Heath	1985
Marsh Fritillary	1985
Purple Hairsteak	1985
Small Blue	1985

International Protection

There are 2 international statutes that apply to species in the UK. These are:

Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats Directive) - CNH
Council of Europe Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) - CEC

These statutes apply to the following species:

Butterfly	CNH	CEC
Large Blue	Yes	Yes
Large Copper	Yes	Yes
Marsh Fritillary	Yes	Yes