IT IS ILLEGAL TO RELEASE A GREY SQUIRREL BACK INTO THE WILD
IT IS NOT ILLEGAL TO LAWFULLY AND HUMANELY SHOOT OR TRAP IN ORDER TO CONTROL GREY SQUIRRELS
KILL TRAPS MUST NOT BE USED IF THERE IS ANY CHANCE OF REDS SQUIRRELS BEING IN THE AREA
Red squirrels have been protected against intentional acts of damage or disturbance since 1981 under the UK Wildlife & Countryside Act (WACA), Schedule 5. Protection for red squirrels and other species was amended by the Nature Conservation (Scotland) Act, 2004 to include both intentional and reckless acts. Subject to certain exceptions, it is now an offence to ‘intentionally or recklessly:
– Kill, injure or take (capture) a red squirrel
– Damage, destroy or obstruct access to any structure or place which a red squirrel uses for shelter or protection or,
– Disturb a red squirrel while it is occupying a structure or place which it uses for that purpose.’
Anyone who carries out, or knowingly causes or permits these acts to occur could be committing an offence:
– Under the Wildlife & Countryside Act 1981 Section 11 and the Wildlife (Northern Ireland) Order 1985 Article 12, if any person uses a decoy, for the purpose of killing or taking any wild mammal, they shall be guilty of an offence
– Under the Wild Mammal (Protection) Act 1996 and the Welfare of Animals (Northern Ireland) Act 1972 Article 21, it is illegal to: mutilate, kick, beat, nail, impale, stab, burn, stone, crush, drag, drown or asphyxiate any wild mammal with intent to inflict unnecessary suffering
– The wild Mammals (Protection) Act 1996 does not apply to lawful pest control or humane dispatch of injured mammals. Unlawful use may include trespassing or acting without the consent of the landowner
– The Animal Welfare Act 2006 imposes a duty on the trapper not to be cruel to the animal.
Northern Ireland Legislation
· Red Squirrels protected in NI since 1985 Wildlife (NI) Order 1985
· They and their dreys are protected from intentional and reckless harm under the Wildlife (NI) Order 1985 as amended art 10
· Remove reference to art 12 which is irrelevant to this
· Welfare of Animals (NI) Act 2011 As amended – the animal welfare legislation was rewritten in 2011 and updated since then with an increasing sentencing amendment. Art 4 outlines ‘unnecessary suffering etc’