Release of species into the wild
It is a crime to:
- release into the wild any animal or bird unless it is ordinarily resident in Great Britain or visits regularly;
- release into the wild any of the listed species of birds or animals, most of which are not native to Britain but have become established here;
- introduce into the wild a listed invasive plant;
- have in your possession, transport, sell or advertise for sale,
any listed non-native animal or plant
Our wildlife can be harmed by the introduction of non-native species or hybrids. Such organisms may prey on or compete with the local plants and animals, introduce diseases, or inter-breed with them to destroy distinct local varieties. The introduction of non-native species is regarded as the greatest threat to wildlife after habitat destruction. Even the introduction of a native animal to a place where it is naturally absent, particularly islands, may have serious consequences for other species.
Therefore it is a crime to release into the wild ANY animal or bird unless it is ordinarily resident in Great Britain, or visits here regularly - such as migratory birds. It is also a crime to release any of the listed species (non-native species - html) or (non-native species - pdf) of birds and animals (from mammals to invertebrates) which have become established here as a result of earlier releases and escapes but which are not native to Britain. This is to help limit their further expansion. It includes such species as the grey squirrel, Canada goose, Sika deer and American mink.
Some native species, such as capercaillie and barn owl, are also on the list of species that may not be introduced. This is so they are only released under licence, to prevent the possibility of hardship that can occur if an animal is released in the wrong habitat or released before it can fend for itself. This requirement is not intended to prevent any possibility of the reintroduction of extinct species: the red kite and white-tailed sea eagles have been successfully re-established in Scotland under licence.
The Import of Live Fish (Scotland) Act 1978 prohibits the keeping or release of certain fish species into Scottish fresh waters. The Conservation of Native Fish Stocks: The Prohibition of Keeping or Release of Live Fish (Specified Species) (Scotland) Order 2003 lists those fish which may not be released or may only be released under licence. The licensing authority for the release of these species into Scottish rivers and lochs is the Scottish Executive. SNH advise the Scottish Executive on the potential impact to the natural heritage.
It is an offence to possess, transport, sell, or advertise for sale, those non-native animals and plants covered by an order from the Minister because they are particularly invasive.
For plants, you commit a crime if you introduce any of the listed invasive species into the wild. Because of the possibility that they may invade wild habitats and affect native species, foreign plants and garden varieties should not be planted, or disposed of, outside cultivated ground. Even native plants should only be planted in the wild as part of a carefully planned and recorded programme and should not, for instance, be thoughtlessly introduced to a part of the country where they are not known to have existed in the past.
Japanese knotweed is controlled waste in the terms of Section 34 of the Environmental Protection Act 1990. It can be controlled or disposed of on site but if plant material or soil polluted with this species is sent for disposal elsewhere it must be accompanied by appropriate Waste Transfer documentation and disposed of in a licensed, lined landfill site. Landfill sites, and hauliers, will need advance warning of several days to deal with this hazard.