Habitats and Species
The Natural Heritage Team, within the Department’s Environmental Policy Division, is responsible for the preparation of policy and legislation for the protection of wildlife and important natural habitats in Northern Ireland.
Important International Obligations
In developing policy and legislation to protect our habitats and wildlife, it is a requirement that certain international and European obligations are met. These are set within the context of the Convention on Biological Diversity which aims to halt the loss of biodiversity throughout the world (a new strategic plan and associated targets up to 2020 was adopted at Nagoya in October 2010)  and the 2010 EC Biodiversity Strategy which aims to halt the loss of biodiversity and ecosystem services in the EU by 2020.
Among the most important of these obligations are:
- the EC ‘Wild Birds’ Directive places obligations on Member States to provide protection for all wild birds, including migratory birds that are regular visitors to Northern Ireland, and their habitats. Protection includes establishing ‘Special Protection Areas’(‘SPAs’) for certain bird species that are considered of priority for conservation attention. The Directive recognises hunting as a legitimate activity and provides a comprehensive system for the management of hunting to ensure that this practice is sustainable.
- the EC ‘Habitats’ Directive requires the protection of certain natural habitats through the designation of Special Areas of Protection (‘SACs’). It also requires a system of strict protection for certain animals and plants that are considered to be highly important in conservation terms at a European level.
- the Ramsar Convention is an international treaty that calls for action to protect wetlands of international importance. The United Kingdom is a Contracting Party to the agreement. Protection includes ‘designating’ certain sites for protective measures.
SPAs and SACs across Europe form a network of protected sites known as Natura 2000.
Relevant Northern Ireland Statutes
The following statutes in Northern Ireland provide the legal protection for our habitats and wildlife and are the means by which Northern Ireland meets the international and European obligations referred to above, as well as underpinning our national policies.
- The Wildlife (NI) Order 1985
 provides protection for wild birds, animals and plants. It is the primary means by which Northern Ireland meets the requirements of the ‘Wild Birds’ Directive with regard to the protection of birds and their nests.
- The Wildlife Order was amended by the Wildlife and Natural Environment (NI) Act 2011 (‘the 2011 Act’). The Act made a number of significant changes, including giving the police, the Department’s Wildlife Inspectors and the Courts, additional powers to combat wildlife crime. In addition, the list of birds, animals and plant species receiving special protection was significantly enlarged. For example, basking sharks receive specific protection for the first time.
- The 2011 Act also introduced a new statutory duty upon government departments and all public bodies, in exercising their functions, to take action to further the conservation of biodiversity. The Department is producing Guidance to assist public bodies fulfil the new requirements.
- The Environment (NI) Order 2002 provides legal protection for Northern Ireland’s important habitats through its powers to designate, protect and manage Areas of Special Scientific Interest (ASSI’s). These powers are also used to complement or ‘underpin’ protection and management of our European sites (i.e. SACs and SPAs) and Ramsar sites.
- The Conservation (Natural Habitats, etc) Regulations (NI) 1995 (S.R 2005 No. 380) provide further protection for our European Sites as well as strict measures for protecting animals and plants that are of European importance, as required by the EC ‘Habitats’ Directive.
- These Regulations have been subject to a number of amendments made by the following Statutory Rules, namely: S.R. 2003 No.46 ; S.R. 2004 No.435 ; S.R. 2007 No. 345 ; S.R. 2009 No.8 ; and S.R.2011 No.216.
Lead shot Over Wetlands
The Ramsar Convention mentioned above called for all Contracting Parties to take action to phase out the use of lead shot over wetlands because of concerns about lead poisoning of wildfowl.
In 2009 the Environmental Protection (Restriction on Use of lead Shot) Regulations (NI) came into force and introduced restrictions in Northern Ireland. Accompanying Guidance was prepared to explain the nature of the statutory restrictions on the use of lead shot.
Game Laws
The Division is also responsible for Northern Ireland’s Game laws, some of which date back to the 19th century. The existing laws regulate the taking, killing and selling of game, as well as providing for laws to prevent poaching. ‘Game’ includes hares, pheasants, partridge, grouse, woodcock and snipe.
The systems for ‘game licences’ (anyone wishing to take/kill game) and ‘game dealers’ licences’(anyone wishing to sell game) were abolished in 2011 as part of the Wildlife and Natural Environment Act.
The main piece of legislation relating to the conservation and hunting of game is The Game Preservation Act (NI) 1928
New Spring Traps Approval Order
The Department proposes to make an updated ‘Spring Traps Approval’ Order that will list those makes and models of traps that are approved for use to control certain pest species of animal, for example, mice, rats, and rabbits.
The sale and use of spring traps was formally regulated under the Welfare of Animals Act (NI) 1972 (‘the 1972 Act’), administered by the Department for Agriculture and Rural Development. The Spring Traps Approval Order (NI) 1996 (‘the 1996 Order’), made under the powers contained in the 1972 Act, listed those traps that were approved for use in Northern Ireland.
The powers to regulate the use of spring traps transferred to the Department of the Environment (‘DOE’) through provision contained in the Wildlife and Natural Environment Act 2011 (‘the WANE Act’) which has also coincided with the repeal of the 1972 Act. As a consequence, it is necessary to make a new Order under the auspices of the powers contained in the WANE Act.
The consultee letter and the draft Order, together with information about how to respond if you have any comments you wish to make, may be viewed or downloaded using the following links:
Consultee letter (24.4 kb) 
Draft Order (42.7 kb)
How to respond (13.8 kb)
Consultation now closed - Synopsis of consultee responses (18.0 kb)
Consultation on proposed byelaws to regulate certain activities in Strangford Lough
It is proposed to make byelaws to regulate anchoring, mooring and diving in certain parts of Strangford Lough. The Lough is a designated Special Area of Conservation under European Law (the "Habitats" Directive) due to its ecological importance. It is also a designated Marine Nature Reserve under the Nature Conservation and Amenity Lands (NI) Order 1985 .
One of the primary reasons for designation was the presence of Modiolus modiolus (horse mussel) communities, which form biogenic reefs which are important to the unique ecological diversity of the Lough’s marine environment, but these have suffered substantial decline in recent years. There is an obligation to ensure that this habitat is protected from further decline and restored to a favourable conservation status. These byelaws are one of a number of management measures which aim to achieve this.
Strangford Lough Byelaws consultation (4.13 MB)
Invasive Alien Species
Invasive alien species are now widely recognised as a major threat to biodiversity loss worldwide. These impacts can be far reaching – disrupting ecosystems, threatening economic interests such as agriculture, forestry, fisheries and land use development as well as impacting on our general quality of life.
The need to address the issue of invasive alien species has been recognised by the Convention on Biological Diversity (CBD) 1992 to which the UK Government is a signatory. Northern Ireland is committed to the Convention on Biological Diversity and EU targets to halt the loss of biodiversity and the degradation of ecosystem services by 2020.
Synopsis of Responses to the Consultation on An Invasive Alien Species Strategy for Northern Ireland
A consultation on a draft Invasive Alien Species Strategy for Northern Ireland closed on 30 September 2011.
Following the public consultation, the Department has prepared a synopsis of the responses received.
The synopsis of responses to the consultation and the consultation document can be accessed using the links below.
An Invasive Alien Species Strategy for Northern Ireland Consultation Document (701 kb )
Synopsis of Responses to the Consultation (196 kb)
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