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Wild animals


Answer

Foxes can still legally be controlled by other methods as long as it is carried out by an authorised person. For more advice speak to a Police Wildlife Crime Officer or local pest control firm.


Answer

There are strict regulations with regards to bat conservation that you need to be aware of prior to starting any project of this nature. The Scottish Government Rural Affairs Department can grant what is known as a Habitat Regulation Licence. This will allow you to carry out the work subject to certain conditions. For more detailed advice on this subject, please contact NatureScot or the Bat Conservation Trust.

You must not go ahead and carry out the work without consulting the aforementioned organisations as you will be committing a criminal offence and will be liable for a large fine.


Answer

NatureScot (formerly known as Scottish Natural Heritage), a government agency, offers advice on this issue and will visit your home free of charge to offer you the necessary help. You must not go ahead and carry out the work without consulting them as you will be committing a criminal offence and will be liable for a large fine. See the website in related information to find your local area team.


Answer

Care should be taken in buying animals or birds from adverts in the newspapers. Some birds of prey and animals require a certificate, called Article 10, before they can be sold.

Contact the Animal and Plant Health Agency for a full list of animals and birds that require to be accompanied by an Article 10 certificate. Please see the links in Related Information for further details. 


Answer

The Scottish Society for the Prevention of Cruelty to Animals (SSPCA) states that if the animal is uninjured it should be left alone and will more than likely wander back into an area of safety. If the animal is injured, then contact the SSPCA on 03000 999 999, who will be able to advise you.

However, in certain circumstances (busy main road etc) where it is likely that the animal or other road user will be placed in danger or injured, it may be advisable to contact the police who will deal with the situation.


Answer

Hare coursing is illegal under the Protection of Wild Mammals (Scotland) Act 2002. It is illegal to deliberately hunt a hare with a dog or knowingly facilitate or permit land to be used for a hare-coursing event. If you believe hare coursing is happening on your land then contact Police Scotland by dialling 101.


Answer

Yes. badgers are a protected species and it is illegal to wilfully kill, injure or take one, or to cruelly ill-treat or to dig for a badger. If you are convicted you could face up to six months imprisonment or an unlimited fine.

It is also an offence to damage, destroy or obstruct a badger sett, to let a dog enter the sett or disturb a badger occupying a sett.

If you believe offences have been committed against badgers or their setts report it to Police Scotland by dialling 101.


Answer

Some animals are not included in the definition of animal given in the Road Traffic Act 1988 so you are not required to report accidents with them to the police. However, it may be worth contacting the police to inform them of the incident. Additionally, the local authority will need to be contacted to remove the remains of the animal.
 
A dog (as well as a goat, horse, cattle, ass, mule, sheep and pig) does come within the remit of the Road Traffic Act and is a reportable accident, so you are required by law to report it to the police.
 
badgers are specially protected and it is an offence to possess one, dead or alive, (without the proper authority), so if you kill one, leave it at the roadside. If you are concerned, as stated above, you can voluntarily contact the police.


Answer

All birds and their nests are protected under the Wildlife & Countryside Act 1981 (as amended). It is an offence to take, damage or destroy or otherwise interfere with a nest while that nest is in use or being built. It is also an offence to obstruct or prevent any bird using its nest. If the birds are in danger or there is a public health and safety, disease or damage issue you should discuss the situation with Scottish Government Environment and Forestry Directorate who can advise you on the best course of action. It may be necessary to apply for a licence to move a nest.


Answer

This sort of work should be avoided during the bird breeding/nesting season, which is generally between March and June, but can start earlier and extend beyond August depending on the species. No work should be carried out without first checking for any nests. Such action is best carried out in the winter to maintain autumn food supplies for birds and other species of wildlife.


Answer

If anything you are planning to do is likely to cause disturbance to nesting barn owls a licence will be required from the Scottish Government.

 


Answer

If there is a chance of the bats being injured or killed or the roost being damaged a licence will be needed. Contact NatureScot before proceeding with any work.

 

 


Answer

All bats and their roosts are protected by law. The roosts are protected even when the bats are not present. It is an offence to block entry to a roost without having first obtained a licence from the Scottish Government. For more information please contact:

Scottish Natural Heritage
Great Glen House
Leachkin Road
Inverness
IV3 8NW
01463 725000


Answer

Before any work is begun a bat survey should be carried out by a competent consultant. If there is a roost present, the consultant will be able to advise on applying for a licence to the Scottish Government. For more information please contact NatureScot

 


Answer

Yes. The Conservation (Habitats &c.) Regulations 1994 (as amended), makes it an offence to deliberately capture or kill bats, to deliberately disturb a bat or to damage or destroy a breeding site or resting site of any bat. For more information please contact NatureScot

 

 


Answer

If it is only the case that badgers are entering the garden and digging and burrowing then preventative measures aimed at keeping badgers out will normally be advised. If there is a sett in the garden then it is protected and a licence from the Scottish Government will be required before anything can be done. For more information please contact NatureScot. 


Answer

A badger entering an outbuilding is not uncommon and you should leave the door open to allow the badger to leave the building of its own accord. Other animals and people should be kept away during this time. If the badger is obviously injured or in distress, contact the Scottish Society for the Prevention of Cruelty to Animals (SSPCA) on 03000 999 999 who may be able to assist as may a local vet or badger group. It is unlikely that a badger will attack a human or a domestic animal, unless it feels threatened or trapped, but it should be remembered that injured or sick animals can behave abnormally.

You are advised not to approach or try to catch the badger. If the badger dies in the outbuilding, it is the responsibility of the owner/occupier to dispose of the body. If handling a badger carcase, at the very least you should wear gloves and wash your hands and any soiled clothes immediately afterwards. Please check with your local Council as to how the carcass can be legally disposed of.


Answer

Dead animals found by the roadside are normally the result of road traffic accidents. Contact your local council or roads authority who will advise.

If you have any reason to believe that the badger was deliberately killed then the matter should be reported to the Wildlife Crime Officer at Police Scotland via the non-emergency 101 number.


Answer

Foxes can be a nuisance, especially in urban areas. Foxes only have limited protection under legislation and they can be controlled without a licence, however only certain ways of doing this are permitted under the Wildlife & Countryside Act 1981 (as amended). It is illegal to kill them, or attempt to do so, by using any kind of poison and this includes gassing compounds. Fox control generally requires expertise and experience. A local pest control company will be able to assist.


Answer

Lambs taken by foxes may have died of natural causes prior to being scavenged. It is worth trying to check this out before expending a lot of effort on control. There are a range of options to limit fox damage. Foxes only have limited protection under legislation and they can be controlled without a licence, however only certain ways of doing this are permitted under the Wildlife & Countryside Act 1981 (as amended). It is illegal to kill them, or attempt to do so, by using any kind of poison and this includes gassing compounds. Fox control generally requires expertise and experience. A local pest control company will be able to assist.

For more information please see Related Information.


Answer

Fox hunting is illegal; it was banned by the Protection of Wild Mammals (Scotland) Act 2002.

There are exemptions in that Act to allow certain types of pest control; please see the link in Related Information for details.

Hunts invented the activity of trail hunting after the hunting ban came into force. This is a non-lethal sport where the hunt follows a pre-laid trail rather than chasing a fox.

If you believe a hunt is using trail hunting as a cover for illegal hunting, this can be reported to your local police force. Every division in Police Scotland has a Wildlife Crime Liaison Officer and there is also a network of part time Wildlife Crime Officers across the force.

These officers can be contacted to report crime or to seek advice on wildlife crime matters. Call Police Scotland on 101 to report a wildlife crime or email Contactus@scotland.pnn.police.uk .

If an illegal hunt happens on public land, you may wish to raise a formal complaint. Hunts may only use Scottish Forestry land under a strict licence. Breaching that licence can mean the hunt are no longer allowed to use that land. Similarly, conservation bodies such as the National Trust Scotland, Woodland Trust or local charitable trusts or parish councils will take a dim view of law breaking on their land and may remove any 'sporting rights' they have given the hunt.


Answer

In general, wildlife crime is any action which contravenes current legislation governing the protection of the UK's wild animals and plants and includes:

  • Hare coursing.
  • Deer poaching.
  • Fish poaching.
  • badger persecution – including baiting, snaring, shooting, and disturbance of setts.
  • Bat persecution.
  • Egg theft / collection.
  • Bird of Prey persecution – through poisoning, trapping, shooting, disturbance of nest and/or theft of chicks.
  • Trading in ivory, tortoises, rhino horn and other protected species covered by CITES (Convention on International Trade in Endangered Species) including caviar, Traditional Chinese Medicines, and orchids).
  • Non registration of certain birds and animals that require licensing through DEFRA / Animal Health if kept in captivity or sold.

Wildlife crime can be reported to your local police force via the 101 non-emergency number. Each police force has a dedicated wildlife officer / team who investigates wildlife crime.

Please also see the websites in 'Related Information' for further information on this topic.