Protected species offences and penalties in Scotland

Guide summary

You must take reasonable steps to avoid harming protected species in Scotland. If you own land or employ people, you can be held criminally responsible for offences committed by your employees. Penalties include up to 6 months in prison and fines up to £5,000 per offence, or unlimited fines on indictment.

Train employees and contractors on protected species law
Commission ecological surveys before starting any works
Get a NatureScot licence before activities that affect protected species
Keep records showing you followed licence conditions
Implement a written wildlife crime prevention policy
Conduct regular unannounced audits of traps and snares
Report suspected wildlife crime to Police Scotland immediately
Due diligence defence requires you to prove you took reasonable precautions
Vicarious liability applies to landowners and employers for employee offences
Penalties up to 6 months prison and £5,000 fine per offence

Criminal offences and maximum penalties for protected species offences in Scotland.

Raptor persecution and vicarious liability

Beaver-specific offences

For how to obtain species licences to avoid committing these offences, see Apply for a species licence from NatureScot. For ecology survey requirements, see Ecology survey requirements for construction in Scotland.

Legal basis

Primary legislation and key regulations

WNESA 2011 Primary 2011 · Scotland Wildlife and Countryside Act 1981 (as amended) Primary 1981 · UK-wide The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2019 Scottish SI 2019 · Scotland Conservation (Natural Habitats, &c.) Regulations 1994 SI 1994 · UK-wide

Browse UK legislation legislation.gov.uk

Official guidance

NatureScot species protection (opens in a new tab)

www.nature.scot

Wildlife and Countryside Act 1981 (opens in a new tab)

Wildlife and Natural Environment (Scotland) Act 2011 (opens in a new tab)

Scottish Government wildlife management policy (opens in a new tab)

www.gov.scot

Great crested newts and natterjack toads and licensing | NatureScot (opens in a new tab)

NatureScot

Dolphins, whales and porpoises and licensing | NatureScot (opens in a new tab)

NatureScot

Beavers and Licensing | NatureScot (opens in a new tab)

NatureScot

Bats and licensing | NatureScot (opens in a new tab)

NatureScot

Species licensing legislation | NatureScot (opens in a new tab)

NatureScot

European protected species licensing | NatureScot (opens in a new tab)

NatureScot

Protected species offences and penalties in Scotland

Raptor persecution and vicarious liability

Beaver-specific offences

Legal basis

Official guidance

Related guides in Environment & Sustainability

Apply for a species licence from NatureScot

Understanding nature conservation law in Scotland

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