Scotland's Wildlife:

The Law and You

Frequently Asked Questions

Who do I report a wildlife crime to?

If you see a wildlife crime being committed, you should dial 999.  If less haste is required, you can report the crime at any police station.  See the wildlife law enforcement pages.  All police forces have specialist wildlife crime officers who will be particularly interested in your information but these officers are not always available. Your nearest police station can advise you and a full list is available on the Partnership against Wildlife Crime pages.

Birds are nesting in my roof and keeping me awake.  Can I have them removed? 
It is a crime to disturb any birds, including young birds, at their nest and to destroy, damage, interfere with, take or obstruct the use of the nest of any wild bird while it is in use or being built. See the bird law pages. It is perfectly legal to repair your house to prevent access once the young have flown. You may be able to obtain a special licence if the birds are causing a genuine health or safety risk. 

Can I photograph wild birds?

Yes, so long as you do not harm the birds in any way. If you want to get close to any of the 100 or so specially protected species of birds during the breeding season, you will need a personal licence from Scottish Natural Heritage.  You will need to provide evidence that you are able to photograph them without disturbing them. 

Can I remove bats from my house?

You must not kill, injure or disturb bats wherever they are found.  Bats in the loft or shed of your house should be left in peace.  SNH must be contacted at once to advise on how to proceed if you are planning to do anything that might affect bats, or discover bats in your house when carrying out building work.  If a bat enters the living areas of your house it is best to open the windows and leave it to find its own way out. If it is daytime and it is sleeping, it will leave at night.  See the bats law page.

Can I remove badgers from my land?

It is a crime to kill, injure, capture or mistreat a badger and also to damage or disturb a badger's sett in any way. See the badger law page.  If badgers are a nuisance in your garden, it may be possible to exclude them using special badger-proof fencing but this is expensive.  Normal fencing will not stop them.  Badgers usually come to gardens because you or a neighbour are providing food. 

Can I pick wild flowers?

Yes.  It is only an offence to uproot any plant without the landowner's permission or to pick any part of the 170 or so specially protected species which are very rare. Please do not thoughtlessly pick the flowers of any wild plants. The flowers are an essential part of their reproductive cycle and so this may threaten the survival of the population.  See the plants law page.

Can I release a plant or animal into the wild?

It is an offence to release into the wild a bird or animal that is of a kind not normally resident in Great Britain, unless you obtain a licence to do so. This ban extends to many foreign animals that have become established here, such as the grey squirrel, and also to some native species, such as the barn owl. It is also an offence to sell or release to the wild a short list of highly invasive plants. Releasing any non-native animal or plant into the wild may affect the survival of our native species.  See the release of species page. 

Can I collect common frog spawn?

It is not illegal to collect frog spawn. However, it is an offence to sell frogs or frog spawn. It is not an offence to releaselet them go in parts of the country (such as some of Scottish islands) where they have not been found in the past.  See the amphibians and reptiles page.

Should I kill an adder if I see one?
No, it is illegal to kill adders.  The adder is a threatened and declining species in Britain.  You should not handle an adder as the bite can be painful.  If you are bitten seek medical attention. You may not keep an adder in captivity without a licence.  See the amphibians and reptiles page.

Can I pick wild fungi?

In most cases, yes.  Most of the body of a fungus is hidden in the ground or in dead wood. The mushrooms and toadstools that we see are temporary, spore-producing organs. Therefore picking most mushrooms and toadstools does not kill the organism. For a few very rare species it is illegal to pick the fruiting body because their survival may be threatened by this (although none of these are known to occur in Scotland). See the plants law page.  When picking fungi please do follow the Scottish Wild Mushroom Code.  If you are picking fungi for sale, you should obtain the permission of the landowner.

I have found a dead otter. Can I keep it to have it stuffed?

It is an offence to keep some wild animals, alive or dead unless the owner can prove that the animal was lawfully taken from the wild. However, the onus is on you to prove that you fall within this exception so you need to have a clear and convincing record of the history of any specimen that you have and may need independent witnesses of the circumstances. See the animal law pages. Similar provisions apply to all wild birds.  See the bird law pages.  New legislation has been proposed which would make it an offence to keep a European Protected Species, which includes the otter, except under the strict conditions of a licence.

I have contractors working on my land.  How do I seek to ensure that I am not prosecuted if they disturb the nest or resting place of a protected animal?

You need to ensure that you have taken appropriate precautions to avoid recklessly destroying a nest or resting place. We suggest that a suitably qualified person (which may be you) should survey your work area and then you must avoid careless working in any critical areas that they identify.  In the case of all nesting birds, other than the sea eagle, you will be able to work there at another time of the year.  SNH can advise on the precautions that are necessary.  Most protected species are very rare but some protected animals - badgers, bats and red squirrels for instance, are quite widespread.  Again SNH can advise on species to be aware of in your area.  See the inadvertent and reckless actions law page. 

I am clearing Japanese knotweed from my land.  How can I dispose of the plants?
You can burn Japanese knotweed or bury it on your own land (but in this case need to provide 5m of soil cover to prevent reinfestation).   Plants like this are regarded as controlled waste under the Environmental Protection Act 1980 and need appropriate documentation before they can be sent to a landfill site.  See the release of species page.