| Re: Bats
No, foraging areas are not protected by the law, unless the feeding ground is designated in itself, i.e. an SAC or SSSI. Note however that feeding perches count as roosts, so if a bat is using a tree or building to feed on it's prey, but doesn't stay there overnight, it is still protected.
I happen to have some excerpts from relevant legislation and have pasted them below, hope this helps:
The wildlife and countryside act 1981(as amended) transposes into UK law the Convention on the conservation of European Wildlife and Natural Habitats (commonly referred to as the ‘Bern Convention’). The 1981 Act was recently amended by the Countryside and rights of Way [‘CRoW’] Act 2000. All 16 species of British bats are listed on Schedule 5 of the 1981 Act, and are therefore subject to the provisions of Section 9. As such it is illegal to:
· Intentionally kill, injure or take a bat [section 9(1)]
· Posses or control any live or dead specimen or anything derived from a bat [Section 9(2)]
· Intentionally or recklessly damage, destroy or obstruct access to any structure or place used for shelter or protection by a bat [Section 9(4)(a)]
· Intentionally or recklessly disturb a bat while it is occupying a structure or place, which it uses for that purpose [Section 9(4)(b)]
· Sell, or advertise for sale a bat [Section 9(5)]
The conservation (natural Habitats &c.) Regulations 1994 (the Habitat Regulations) transpose into UK law Council Directive 92/433/EEC of 21st May 1992 on the Conservation of Natural Habitats and of Wild Fauna and Flora (often referred to as the ‘Habitats [and Species] Directive.’) All British bats are listed on Annex IV of the Directive, greater and lesser horseshoe bats; Bechstein’s bats and barbastelle bats are also listed under Annex II. The later Annex relates to the designation of Special Areas of Conservation (SACs) for these species; even where these bats occur outside SACs, the inclusion on Annex II serves to underline their conservation significance. Inclusion on Annex IV (‘European Protected Species’) means that member states are required to put in place a system of strict protection as outlined in Article 12, and this is done though inclusion on Schedule 2 of the Regulations, Regulation 30 makes it an offence to:
· Deliberately capture or kill a bat [Regulation 39(1)(a)]
· Deliberately disturb a bat (whether in roost or not) [Regulation 39(1)(b)]
· Damage or destroy a breeding site or resting place of a bat [Regulation 39(1)(d)]
This legislation applies to all life stages of bats.  |