Flora and Fauna Act: protected species
The Flora and Fauna Act (Flora- en faunawet) provides protection mainly for birds, mammals, reptiles, amphibians, butterflies and a number of vascular plants.
| Legally protected species of flora and fauna (numbers) | |
| Number of protected species | |
| Invertebrates | |
| Lobsters | 1 |
| Molluscs | 2 |
| Beetles | 5 |
| Ants | 4 |
| Dragonflies | 8 |
| Butterflies | 26 |
| Vertebrates | |
| Fish | 12 |
| Amphibians | 16 |
| Reptiles | 7 |
| Bats | 20 |
| Other mammals | 44 |
| Birds | almost all |
| Plants | |
| Vascular plants | 105 |
| Source: Government Gazette (Staatscourant) and Bulletin of Acts, Orders and Decrees (Staatsblad) | |
Current situation
The Flora and Fauna Act came into force on 1 April 2002. The Act provides protection for a large number of native plants and animals, including many vertebrates and vascular plants. Only a small number of invertebrates are protected, but these include a remarkable number of butterflies.
Policy objectives
The Flora and Fauna Act provides wild species of flora and fauna with legal protection. The Act incorporates the old Hunting and Birds Act (Jacht- en Vogelwet) and the subsections of the Nature Conservancy Act pertaining to protection of species. It also sets out some of the obligations imposed by the European Birds and Habitats Directives, specifically with respect to the native flora and fauna listed in Annex IV to the EU Habitats Directive and virtually all birds identified in the Birds Directive.
The Flora and Fauna Act protects all native European birds that occur in the Netherlands, with the exception of the grey-lag goose, serin, rock dove and mallard and all amphibian and reptile species. Mammals (including bats) are also protected, except for the black rat, brown rat and house mouse. All native fish are protected, with the exception of species to which the Fisheries Act (Visserijwet) applies. In addition, a number of plant species are protected, including many orchids and plants with striking flowers.
Under the Flora and Fauna Act, it is prohibited to kill animals or disturb their roosts or habitats. The Act also imposes a duty on citizens to care for flora and fauna. There are certain exemptions, for example in connection with hunting and pest control. It is possible to deviate from the provisions of certain prohibitions if doing so does not affect the preservation of the species unfavourably. Additional provisions apply with respect to birds and to the species listed in Annex IV to the Habitats Directive.
Technical note
The list of protected species of flora and fauna has been compiled on the basis of Articles 3 and 4 of the Flora and Fauna Act and the regulations and government decrees related to this Act (see references below).
The species protected under the Flora and Fauna Act are listed in appendix 4.
References
- Staatsblad 28 november 2000, nr. 523. Besluit aanwijzing dier- en plantensoorten Flora- en faunawet.
- Staatscourant 13 november 2001, nr. 220. Bekendmaking lijsten beschermde inheemse diersoorten.
- Staatscourant 13 maart 2002, nr. 51. Regeling aanwijzing dier- en plantensoorten Flora- en faunawet.
