Legislation
This section details some of the main European and domestic legislation concerning non-native species issues.
Domestic Legislation
Wildlife and Countryside Act 1981
This Act is the is the principal domestic legislation concerning non-native species. It is an offence under Section 14 of this Act to release any animals that are not ordinarily resident in and are not regular visitors to Great Britain (or hybrids of those animals) into the wild; or to release (or in the case of plants, cause to grow) any species of animal or plant listed on Schedule 9 of the Act.
The Nature Conservation (Scotland) Act 2004 introduced a number of new measures to tackle non-native species. These included:
• Extending the Section 14 offences to include hybrids
• New offences of possessing, advertising for sale, selling offering for sale, exposing for sale, transporting for sale any animal or plant specified in an order made by Scottish Ministers. No species are currently listed.
• New powers to allow Ministers to designate guidance so that, although non-compliance itself will not be an offence, it can be used as evidence in a court of law as a common reference point, and in determining whether the accused acted responsibly or exercised due diligence.
• Penalties, on summary conviction, were increased to include imprisonment for up to six months and/or a fine not exceeding £40,000. On conviction on indictment, the penalties are an "unlimited" fine and/or a 2 year prison sentence.
Consultation on amendments to Schedule 9 and use of an Order under Section 14A of the Wildlife and Countryside Act
This consultation is now closed. We invited responses to the above consultation between 15 November 2006 and 7 February 2007. The consultation paper and responses to the consultation are available on the Scottish Government website.
Once Scottish Ministers have agreed the list of amendments in due course, the details will be presented on this website. If you have any further questions on this matter, please contact invasivespecies@scotland.gsi.gov.uk
European Legislation
Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (EC Habitats Directive), Article 22 &
Directive on the Conservation of Wild Birds (EC Birds Directive) Article 11
These Directives require member states to ensure that deliberate introduction of non-native species into the wild is regulated (and if necessary prohibited) so as not to prejudice natural habitats or wild native flora and fauna.
Wildlife Trade Regulations
As well as implementing the Convention on International Trade in Endangered Species (CITIES) within the EU, these Regulations also contain provisions (Article 4(6)(d)) to regulate the import and sale of species that present an ecological threat to native species.
International Conventions
This states that under Article 8(h), each Contracting Party shall "prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species".
The Bern Convention
The Convention on the Conservation of European Wildlife and Natural Habitats Article 11(2)(b) states that each Contracting Party shall undertake to "strictly control the introduction of non-native species".