Domestic Legislation
Wildlife and Countryside Act 1981
This Act is the principal domestic legislation concerning non-native species. The Wildlife and Natural Environment (Scotland) Bill which was passed unanimously by the Scottish Parliament on March 2, 2011 amends the Act. The provisions will enable Scotland to adopt the internationally recognised 3-stage approach to dealing with invasive non-native species and aim to:
• prevent the release and spread of non-native animal and plant species into areas where they can cause damage to native species and habitats and to economic interests;
• ensure a rapid response to new populations can be undertaken; and
• Ensure effective control and eradication measures can be carried out when problem situations arise.
The Wildlife and Natural Environment Bill changes the release offences in the Wildlife and Countryside Act 1981 and adds new sections on keeping, notification and control. Information on the non-native species offences contained in the Bill is provided below.
Release
New releases offences are based on a 'general no-release approach' which is considered to be a much more effective way in which to prevent the release or growing of potentially harmful animals or plants. It will be an offence to:
• release or allow to escape from captivity any animal to a place outwith its native range;
• release or allow to escape from captivity any other animal specified in an order made by the Scottish Ministers;
• cause any animal outwith the control of any person to be at place outwith its native range;
• plant or otherwise cause to grow any plant in the wild outwith its native range.
Native range is defined in section 14P(2) as "… the locality to which the animal or plant of that type is indigenous, and does not refer to any locality to which that type of animal or plant has been imported (whether intentionally or otherwise) by any person."
Keeping
Scottish Ministers have powers to prohibit by order the keeping of invasive animals and plants; this can either be an absolute prohibition, or allowed only under licence.
Notification
Scottish Ministers have powers to require by order the notification of specified invasive animals and plants. This will ensure that reports of plants and animals that are considered a significant risk to Scotland are reported to the appropriate authority, so that they can be investigated at an early stage, and control or eradication measures considered as necessary.
Sale
Consequential amendments were made by the WANE Bill to the ban on sale provisions which make it an offence to sell any invasive animal or plant listed by Order by Scottish Ministers.
Control
The WANE Bill introduces a new regime of Species Control Orders into the 1981 Act. This will enable relevant bodies (Scottish Ministers, Scottish Natural Heritage, the Scottish Environment Protection Agency and the Forestry Commission Scotland) to make a Species Control Order setting out measures that must be taken to control or eradicate an invasive non-native animal or plant.
Code of Practice
A Code of Practice, issued under new section 14C of the Wildlife and Countryside 1981 Act, will help people who manage land containing non-native plants and animals or are involved in the keeping of non-native plants and animals to understand their legal responsibilities.
The Code is important because the courts can have regard to compliance with the Code when considering whether or not a person is liable in criminal proceedings. The Code is currently out to public consultation. The implementation of the new provisions in the Bill will be taken forward following the completion of the consultation.
Consultation on amendments to Schedule 9 and use of an Order under Section 14A of the Wildlife and Countryside Act
Responses were invited to the above consultation between November 15, 2006 and February 7,2007. The consultation paper and responses to the consultation are available on the Scottish Government website. The Wildlife and Natural Environment Bill consultation proposed how we would take these issues forward.
If you have any further questions on this matter, please contact invasivespecies@scotland.gsi.gov.uk
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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.
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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".
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Guidance
See the Horticultural Code of Practice for advice and guidance on the safe use, control and disposal of invasive non-native plants for everyone engaged in horticulture and related activities that involve the use of plants.