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Decree Law No. 38/2021


Publication: Republic Diary No. 105/2021, Series I of 2021-05-31
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 38/2021
  • Pages: 3 - 14

Summary in plain english

What is it?

This decree-law creates the legal framework applicable to the protection and conservation of wild flora and fauna and the natural habitats of species listed in the Bern Convention, the Bonn Convention and other species also in need of protection and conservation measures.

What is going to change?

This decree-law aims to:

Conserve wild flora and fauna and their natural habitats;

Manage and control the conservation status of species in need of protection.

Regulate the exploitation, particularly of species and habitats which conservation requires the cooperation of the various States, and implement that cooperation;

Prioritize endangered or vulnerable species, including migratory species.

In order to protect wild flora, some prohibitions are established:

- The harvesting, picking, cutting or uprooting of their specimens;

- The keeping of its specimens;

- The sale, offering and keeping for sale, buying and offering to buy, public exhibition or transport of their specimens;

- The deterioration or destruction of their habitats.

In order to protect wild fauna, some prohibitions are established, including:

- The capture, slaughter and detention of their specimens;

- The sale, offering and keeping for sale, buying and offering to buy, public exhibition or transport of their specimens;

- The deterioration or destruction of their habitats;

- The disturbance of the specimens, namely during the period of breeding, rearing or hibernation;

- The destruction or taking of their eggs from the wild, even if they are empty.

All non-selective means and all capture or killing installations or methods that may cause extinction locally or seriously disturb the tranquillity of the populations of the referred species (e.g. live, blind or mutilated animals, used as decoys, sound recorders) are prohibited.

This decree-law also provides for exceptional licensing of acts, activities or use of means and forms of capture, subject to a licence from the Institute for Nature and Forests Conservation (ICNF).

The surveillance and control arising from these rules is the responsibility of the ICNF.

The inspection of compliance with these rules is the responsibility of the ICNF, the Regional Coordination and Development Commissions, the Regional Directorates for Agriculture and Fisheries, the National Maritime Authority, the Directorate-General for Natural Resources, Security and Maritime Services, the Food and Economic Safety Authority and the police authorities.

What advantages does it bring?

This decree-law aims to prevent all the protection and conservation needs of the species covered by the Bern Convention, the Bonn Convention and other species also in need of protection and conservation measures, such as corals (including the Red Coral), seahorses and sea cucumbers.

With this decree-law, Portugal is able to meet its commitments to protect wild flora and fauna species and natural habitats.

When does it enter into force?

This decree-law enters into force on the day following its publication.

Original Version

LEGAL TRANSLATOR

  • Legal translator is the translation of texts within the field of law

CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.