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Consultation on proposals to amend Schedule
9 and the use of an order made under Section
14A of the Wildlife and Countryside Act 1981
Scottish Executive Environment and Rural Development
Consultation Paper
November 2006
FOREWORD
Invasive non-native species are one of the single most important threats to
biodiversity across the world. Their impacts can be far reaching - disrupting
ecosystems, threatening economic interests and causing harm to human health.
In Scotland, our natural resources are under greater threat from invasive non-native
species than ever before, as global trade, travel and transport continue to increase.
They are a risk to our unique flora and fauna, our economic interests such as
forestry, fishing, and farming, our health, and our recreational interests.
Invasive non-native species can impact on us all. Many of us will be familiar with the
sight of Rhododendron smothering native woodland on the west coast; anglers have
to contend with aquatic non-native plants overgrowing rivers and lochs; gardeners in
towns across the country struggle with Japanese knotweed; and the red squirrel has
been reduced in number by competition with, and disease spread by, the grey
squirrel.
A number of new measures to tackle non-native species were introduced by the
Nature Conservation (Scotland) Act 2004. This included extending the provisions
relating to the release of non-native animals and plants to include hybrids of the
listed species. The Act also provides a new power for Scottish Ministers to ban the
sale of any non-native animal or plant that they specify. Whilst we recognise the
benefit that we have gained from non-native species, and while we do not intend to
use this power extensively, it is entirely right that that we ban the sale of those
species that pose an unacceptable risk to Scotland.
As new threats emerge, and as our risk assessment procedures develop to enable a
more accurate assessment of the threat, we may need to revisit and modify these
lists of species. However, we must make current decisions based on the information
and experience that is currently available, and we value your comments in order to
help us make those decisions. I look forward to receiving your comments.
RHONA BRANKIN, MSP
Deputy Minister for Environment and Rural Development
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Responding to this Consultation Paper
We are inviting electronic responses to this consultation paper by 7 February 2007.
Please follow the directions in this consultation paper and submit your
response. If you would like to receive a hard copy, or have any queries
regarding this consultation, please contact Angela Robinson, by:
Telephone: 0131 244 6540
E-mail: [email protected].
Letter: Biodiversity Policy Team – Invasive Species Consultation
Scottish Executive
Environment and Rural Affairs Department
GH93
Victoria Quay
Edinburgh
EH6 6QQ
This consultation, and all other Scottish Executive consultation exercises, can be
viewed online on the consultation web pages of the Scottish Executive website at
http://www.scotland.gov.uk/consultations. You can telephone Freephone 0800 77
1234 to find out where your nearest public internet access point is.
The Scottish Executive now has an email alert system for consultations (SEconsult:
http://www.scotland.gov.uk/consultations/seconsult.aspx). This system allows
stakeholders individuals and organisations to register and receive a weekly email
containing details of all new consultations (including web links). SEconsult
complements, but in no way replaces SE distribution lists, and is designed to allow
stakeholders to keep up to date with all SE consultation activity, and therefore be
alerted at the earliest opportunity to those of most interest. We would encourage
you to register.
Handling your response
We need to know how you wish your response to be handled and, in particular,
whether you are happy for your response to be made public. You will have the
opportunity to complete and return the Respondent Information Form as part of
this electronic consultation. This will ensure that we treat your response
appropriately. If you ask for your response not to be published we will regard it as
confidential, and we will treat it accordingly.
All respondents should be aware that the Scottish Executive are subject to the
provisions of the Freedom of Information (Scotland) Act 2002 and would therefore
have to consider any request made to it under the Act for information relating to
responses made to this consultation exercise.
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Who are we consulting?
We want to make sure that everybody who is interested in this consultation has the
opportunity to respond. This consultation contains a list of all of the organisations
contacted as part of this consultation (the list does not include private individuals).
Please look over the consultation list (Annex A). If you think there are any
organisations missing, we would be grateful if you could either alert them to the
consultation, or let us know and we will contact them.
Next steps in the process
Where respondents have given permission for their response to be made public (see
the Respondent Information Form), these will be made available to the public in the
Scottish Executive Library by 7 March 2007 and on the Scottish Executive
consultation web pages by 14 March 2007. We will check all responses where
agreement to publish has been given for any potentially defamatory material before
logging them in the library or placing them on the website. You can make
arrangements to view responses by contacting the SE Library on 0131 244 4565.
Responses can be copied and sent to you, but a charge may be made for this
service.
What happens next?
Following the closing date, all responses will be analysed and considered along with
any other available evidence to help us reach a decision on amendments to
Schedule 9 and the listing of species on an order made under Section 14A of the
Wildlife and Countryside Act 1981.
We aim to issue a report on this consultation process by 1 May 2007.
Following the analysis of consultation responses, a draft Section 14A order will be
developed. This will then be subject to comments (and potential amendments) from
other EU Member States under the Technical Standards and Regulations Directive.
Comments and complaints
If you have any comments about how this consultation exercise has been conducted,
please send them to Angela Robinson (contact details above).
The Scottish Executive Consultation Process
Consultation is an essential and important aspect of Scottish Executive working
methods. Given the wide-ranging areas of work of the Scottish Executive, there are
many varied types of consultation. However, in general, Scottish Executive
consultation exercises aim to provide opportunities for all those who wish to express
their opinions on a proposed area of work to do so in ways which will inform and
enhance that work.
The Scottish Executive encourages consultation that is thorough, effective and
appropriate to the issue under consideration and the nature of the target audience.
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Consultation exercises take account of a wide range of factors, and no two exercises
are likely to be the same.
Typically Scottish Executive consultations involve a written paper inviting answers to
specific questions or more general views about the material presented. Written
papers are distributed to organisations and individuals with an interest in the issue,
and they are also placed on the Scottish Executive web site enabling a wider
audience to access the paper and submit their responses1. Consultation exercises
may also involve seeking views in a number of different ways, such as through public
meetings, focus groups or questionnaire exercises. Copies of all the written
responses received to a consultation exercise (except those where the individual or
organisation requested confidentiality) are placed in the Scottish Executive library at
Saughton House, Edinburgh (K Spur, Saughton House, Broomhouse Drive,
Edinburgh, EH11 3XD, telephone 0131 244 4565).
All Scottish Executive consultation papers and related publications (e.g. analysis of
response reports) can be accessed at: Scottish Executive consultations
(http://www.scotland.gov.uk/consultations)
The views and suggestions detailed in consultation responses are analysed and
used as part of the decision making process, along with a range of other available
information and evidence. Depending on the nature of the consultation exercise the
responses received may:




indicate the need for policy development or review
inform the development of a particular policy
help decisions to be made between alternative policy proposals
be used to finalise legislation before it is implemented
Final decisions on the issues under consideration will also take account of a range of
other factors, including other available information and research evidence.
While details of particular circumstances described in a response to a
consultation exercise may usefully inform the policy process, consultation
exercises cannot address individual concerns and comments, which should
be directed to the relevant public body.
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http://www.scotland.gov.uk/consultations
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PART ONE - INTRODUCTION
1.1
Background
1.1.1 Invasive non-native species are species that have been introduced either
deliberately or accidentally outside of their natural range, where they then become
established and cause damage to their new environment. They are one of the
greatest threats to global biodiversity, second only to habitat destruction. They may
also adversely impact on health and amenity, and can have high economic costs.
1.1.2 Section 14 of the Wildlife and Countryside Act 1981 (WCA) (as amended by
the Nature Conservation Scotland Act 2004) is the principal legislation concerning
non-native species. This legislation makes it an offence to release any animals that
are not ordinarily resident in and are not regular visitors to Great Britain (or hybrids of
those animals) into the wild; or to release (or in the case of plants, allow to grow) any
species of animal or plant listed on Schedule 9 of that Act. In order to prevent the
further undesirable release of animals into the wild it is important that Schedule 9 is
kept updated with species that are already causing damage, or considered to be a
potential threat, to the environment.
1.1.3 Section 14A of the WCA provides a power to Scottish Ministers to list animal
and plant species on an order which makes it an offence to sell, offer or expose for
sale, or have in one’s possession or transport for the purposes of sale the specified
species. This new power was provided by amendments made by the Nature
Conservation (Scotland) Act 2004. Any bird or animal which is not ordinarily resident
in and not a regular visitor to Great Britain in a wild state or that is listed on Schedule
9 of the WCA (or hybrids of such animals); or any plant which does not ordinarily
grow in Great Britain in a wild state, or that is listed on Part II of Schedule 9 of the
WCA (or hybrids of such plants), can be listed on the Order.
1.1.4 This consultation paper seeks comments on amendments to Schedule 9 and
on proposals for species to be added to an order made under Section 14A of the
Wildlife and Countryside Act 1981.
1.2
Invasive non-native species in Scotland
1.2.1 An audit by SNH in 2001 found at least 988 alien species occurring in
Scotland2. This consisted mainly of vascular plants, as well as bryophytes,
mammals, birds, fish, insects, and molluscs.
1.2.2 The majority of these species have not and will not become invasive. In fact
we benefit from non-native species in many ways – such as gardening, agriculture
and forestry. However, problems occur when species spread into new habitats and
start to compete with native species, or when species arrive inadvertently often with
2
Welsh, D., Carss, D., Gornall, J., Manchester, S., Marquiss, M., Preston, C., Telfer, M., Arnold, H.,
and Holbrook, J. 2001. An audit of alien species in Scotland. Scottish Natural Heritage Review No
139.
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no positive side effects – such as those that have colonised marine areas after being
transported in ballast water.
1.2.3 In addition, there are some species that are native to parts of Britain that can
become invasive and threaten the environment of a specific area when they are
released to an area of Britain that they are not native to. This problem is particularly
serious on islands where there are often high numbers of endemic species. Species
on islands may also be especially vulnerable to predators and competitors (which
they may have evolved independently from). Some of the proposed amendments to
Schedule 9 in this consultation paper should help to prevent these releases
occurring.
1.2.4 As a general principle, no species should be moved and/or released unless
part of an official programme or project. This is in line with the precautionary
approach as identified by Guiding Principle 1 of the Convention on Biological
Diversity.
1.3
Relevant legislation
1.3.1 It is an offence under Section 14(1) of the Wildlife and Countryside Act 1981
to release any animals of a kind (or hybrids of animals of that kind) that is not
ordinarily resident in, or is not a regular visitor to Great Britain in a wild state.
Effectively, this makes it an offence to release most non-native animals (including
birds) into the wild.
1.3.2 However, some non-native animals are now established in the wild where
they may be causing damage to the environment. Further release of these animals
into the wild is clearly undesirable, but Section 14(1) does not apply to these
species. Section 14(1A) makes it an offence to release into the wild any animals
listed on Schedule 9 of the WCA. Schedule 9 of the WCA primarily lists species that
are established in the wild and that are a threat to the environment. It is essential
therefore that Schedule 9 is updated with non-native invasive species that are
established in the environment in order to prevent their further release.
1.3.2 Some species are considered particularly high-risk, either because of the
damage they are already inflicting on our environment, or due to the nature of their
spread. Section 14A of the WCA provides a power to Scottish Ministers to list
animal and plant species on an order which makes it an offence to sell, offer or
expose for sale, or have in one’s possession or transport for the purposes of sale the
specified species. Any animal that is not ordinarily resident in or that is not a regular
visitor to Great Britain in a wild state, or that is listed on Schedule 9; or any plant that
does not ordinarily grow in Great Britain in a wild state or that is listed on Schedule 9,
or hybrids of those species, may be listed on the order. We believe that banning the
proposed species from sale is a necessary measure to limit their distribution and
protect native species and habitats.
1.3.3 The Nature Conservation (Scotland) Act 2004 increased the penalties
available to someone committing a Section 14 offence. Penalties, on summary
conviction were increased to include imprisonment for up to six months and/or a fine
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not exceeding £40, 000. On conviction on indictment, the penalties are an unlimited
fine (i.e. whatever the court feels to be commensurate with the offence) and/or a 2
year prison sentence.
1.3.4 We last updated Part II of Schedule 9 of the WCA in June 2005 with the
addition of 13 plant species (consulted on between March and June 2004). This
consultation followed an undertaking given by the then Deputy Environment and
Rural Development Minister in the course of Stage 2 of the Nature Conservation
(Scotland) Bill. The following plant species were added:
Fanwort
(Cabomba caroliniana)
Hyacinth, Water
(Eichhornia crassipes)
Lettuce, Water
(Pistia stratiotes)
Salvinia, Giant
(Salvinia molesta)
Fern, Water
(Azolla filiculoides)
Parrot’s-feather
(Myriophyllum aquaticum)
Pennywort, Floating (Hydrocotyle ranunculoides)
Stonecrop, Australian swamp (Crassula helmsii)
Waterweed, Curly (Lagarosiphon major)
False-acacia
(Robinia pseudocacia)
Fig, Hottentot
(Carpobrotus edulis)
Leek, Few-flowered (Allium paradoxum)
Shallon
(Gaultheria shallon)
1.3.5 During the 2004 consultation, a number of other species were proposed by
respondents for addition to Schedule 9 and for addition to an order made under new
section 14A of the WCA. We sought further advice on these suggestions with SNH
and other stakeholders including members of the Scottish Working Group on
Invasive Non-native Species. This advice forms the basis of this consultation
document.
1.4
Purpose of this consultation
1.4.1 Dealing with the threats posed by invasive non-native species requires
appropriate legislative powers, effective education and awareness, robust
scientifically informed policy, and effective co-ordination between key agencies and
stakeholders. The proposals contained within this paper aim to strengthen the
existing legislation by ensuring that Scotland is protected against those species that
are considered to pose the greatest risk.
1.4.2 The main purpose of this consultation is to ensure that the principal legislation
concerning invasive non-native species is up-to-date with respect to the species it
lists and the threats that we face from invasive non-native species.
1.4.3 In order to achieve this, the consultation will:

invite views on proposals to amend Schedule 9 of the Wildlife and
Countryside Act 1981, and
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
1.5
invite views on the species proposed for an order under section 14A (power to
prohibit the sale etc.) of the Wildlife and Countryside Act 1981.
Scope of Consultation
1.5.1 Environmental issues are devolved. This consultation applies to changes to
Schedule 9 and the making of an order under 14A in Scotland only. Defra and the
Welsh Assembly Government will separately carry out a consultation on
amendments to Schedule 9 as it applies to England and Wales.
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PART TWO – PROPOSED ADDITIONS TO SCHEDULE 9, PART I, OF
THE WILDLIFE AND COUNTRYSIDE ACT 1981
This section lists species that are proposed for addition to Part I of Schedule 9 of the
Wildlife and Countryside Act 1981.
2.1
Invertebrates
Common name
Clam, American hardshelled
Crab, Chinese mitten
Flatworm, Australian
Flatworm
Flatworm
Flatworm
Flatworm
Flatworm
Flatworm
Flatworm
Limpet, Slipper
Mussel, Zebra
Scientific name
Mercenaria mercenaria
Rationale
This species has limited
distribution, however, it can
cause the displacement of
native bivalve molluscs.
Eriocheir sinensis
This species can cause
substantial damage to softsediment banks by burrowing.
It is an intermediate host of
the mammalian lung fluke
Paragonimus ringer.
Australoplana sanguinea Flatworms can prey on native
var. alba
earthworms and other
invertebrates. The impact on
Arthurdendyus albidus
Arthurdendyus australis the earthworm population and
wider ecosystem of the listed
Australopacifica coxii
flatworms is unknown.
Bipalium kewense
However, exercising the
Kontikia andersoni
precautionary principle, their
Kontikia ventrolineata
spread in the wild should be
Rhynchodemus hellezi
limited.
Crepidula fornicata
This species competes with
other filter-feeding
invertebrates for both food
and space and encourages
the deposition of mud. It is
one of the principle threats to
the native oyster, Ostrea
edulis – a priority BAP
species.
Dreissena polymorpha
This species is a filter-feeding
bivalve mollusc. It impacts on
the environment by
smothering native bivalves,
reducing the amount of food
available to native juvenile
fish, and altering nutrient
cycles within an ecosystem.
It also has a range of
economic impacts including
blocking pipes and attaching
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Oyster, Pacific
Crassostrea gigas
Oyster drill, American
Urosalpinx cinerea
Shrimp, Japanese
skeleton
Caprella mutica
Shrimp, Killer
Dikerogammarus
villosus
to boats.
This species can displace
native fauna, including the
native mussel, Mytilus edulis.
This species feeds on young
shellfish. It is one of the
principal threats to the native
oyster, Ostrea edulis – a
priority BAP species.
This species predates on,
and competes with, native
amphipod species
This species predates on,
and competes with, native
amphipod species.
QUESTION 1
a) Do you agree with the invertebrate species proposed for addition to
Part I Schedule 9 of the Wildlife and Countryside Act 1981?
b) Are there any species on the list above that you don’t think should be
added? Please give your reasons in detail.
c) Are there any species missing from the list above that you think should
be added? Please give your reasons in detail.
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2.2
Reptiles and amphibians
Common name
Bullfrog, American
Scientific name
Rana catesbeiana
Terrapin, Red-eared
Trachemys scripta
elegans
Rationale
This species has been
discovered in the wild in
Britain, where it is likely to
compete with native species,
and pass on disease
including the chytrid fungus.
This species has been
released as an unwanted pet.
There is no evidence that it is
able to breed in the wild in
Great Britain, however they
are omnivorous and may
impact on local invertebrate
populations.
QUESTION 2
a) Do you agree with the reptile and amphibian species proposed for
addition to Part I Schedule 9 of the Wildlife and Countryside Act 1981?
b) If not, please give your reasons why in detail.
c) Are there any species missing from the list above that you think should
be added? Please give your reasons in detail.
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2.3
Fish
2.3.1 The Prohibition of Keeping or Release of Live Fish (Specified Species)
(Scotland) Order 2003 is the primary piece of legislation relating to release of fish
species into the environment. It is proposed that Schedule 9 is updated with the fish
species contained on this order to ensure that it with consistent with, and supports,
the above order.
2.3.2 In some cases a species within the named genus on the above order is
already listed on Schedule 9. In these situations it is proposed that the species
would be removed from Schedule 9 and substituted with the genus. Any species
proposed for removal from Schedule 9 of the Wildlife and Countryside Act are listed
in Part 4 of this consultation.
Common name
Asp
Scientific name
Aspius aspius
Barbel
Barbus – all species
Bass
Morone – all species
Bass, Smallmouth
Micropterus dolomieu
Blageon
Leuciscus souffia
Bleak, Danubian
Chalcalburnus
Comments
There is a high risk of transfer
between waters if this species
becomes present in Britain. It
would be likely to predate on,
and compete with native fish,
as well as introducing new
parasites and diseases.
There are a number of barbel
species in Europe. Their
likely impacts are competition
with native fish and
introduction of new parasites
and diseases. Barbus barbus
are now found in the river
Clyde.
This species would be likely
to predate on and compete
with native fish, as well as
introducing new parasites and
diseases.
This species would be likely
to predate on and compete
with native fish, as well as
introducing new parasites and
diseases. It has previously
been introduced into Britain,
although it is not thought to
have become established.
This species is a member of
the carp family. If introduced,
this species would be likely to
compete with native species
and could also introduce new
parasites and diseases.
This species belongs to the
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chalcoides
Bream, Blue
Abramis ballerus
Burbot
Lota lota
Carp, Bighead
Hypophthalmichthys
nobilis
Carp, Chinese black
(snail-eating)
Myopharyngodon piceus
Carp, Grass
Ctenopharyngodon
idella
Carp, Silver
Hypophthalmichthys
molitrix
carp family. If introduced, this
species would be likely to
compete with native species
and possible hybridisation
with native species could also
occur. It could also introduce
new parasites and diseases
and degrade habitat.
This species is a member of
the carp family. If introduced,
this species would be likely to
compete with native species
and introduce new parasites
and diseases. It could also
degrade habitat.
This is a once native species,
now thought to be extinct.
Unregulated release could
lead to predation on and
competition with native fish
species. It could also
introduce new parasites and
diseases.
This species grows to a large
size. It is likely to compete
with native fish species and
alter habitat. They would also
be likely to introduce new
pests and diseases.
This species is likely to
compete with native fish
species, and introduce new
parasites and diseases. It
may also degrade habitat.
This fish has been introduced
widely in Great Britain. It has
a role as a specialist
biological control agent in
waters subject to problems
with vegetation.
It may impact on native fish
species via competition and
the introduction of new
parasites and diseases. It
may also degrade habitat and
result in a loss of biodiversity
due to grazing of aquatic
plants.
This has been introduced into
Britain in small numbers and
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Catfish
Ictalurus – all species
Ameiurus – all species
Silurus – all species
Charr
Salvelinus – all species
(excluding the native
Salvelinus alpinus)
Crayfish
Astacidae – all species
(excluding
Austropotamobius
pallipes)
Cambaridae – all
species
Parastacidae – all
species
Dace, Blacknose
Rhinichthys atratulus
Dace, Northern Redbelly Phoxinus eos
(Chrosomus eos)
(Common minnow)
Dace, Southern
Redbelly
Phoxinus erythrogaster
(Chrosomus
has a potential role as a
biological control agent in
waters subject to algal
blooms.
It may impact on native fish
species via competition and
the introduction of new pests
and diseases.
Some species have been
illegally transferred to sites
within Britain. Their impact is
likely to include predation on,
and competition with native
fish species. They are also
likely to introduce new
parasites and diseases.
Some non-native species of
Charr have been introduced
to Britain. They are likely to
impact on native fish species
via predation and competition.
They may also introduce new
pests and diseases and
hybridise with native
salmonids.
The following crayfish are
currently listed on Schedule 9
and will be removed, as the
new listing will encompass
these species: Nobel Crayfish
(Astacus astacus); Signal
Crayfish (Pacifastacus
leniusculus); Turkish Crayfish
(Astacus leptodactylus).
This species is likely to
impact on native fish species
via competition and the
introduction of new parasites
and diseases. It may also
hybridise with native species.
This species may be present
in the wild in Britain. It is
likely to impact on native
species by competition and
by the introduction of new
parasites and diseases. It
may also hybridise with native
species.
This species may be present
in Britain. It is likely to impact
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(Common minnow)
erythrogaster)
Gudgeon, Topmouth
Pseudorasbora parva
Minnow, Fathead
(or Roseyreds)
Pimephales promelas
Minnow, Freshwater
(Dragon Fish or Pale
chub)
Zacco platypus
Mudminnow, Eastern
Umbra pygmaea
Mudminnow, European
Umbra krameri
Nase
Chondrostoma nasus
on native species via
competition and the
introduction of new parasites
and diseases. It may also
hybridise with native species.
This species is found in the
wild in Britain. It is a carrier of
pike fry rhabdovirus (PFR)
and acts as an intermediary
host for the trematode
parasite Clinostomum
complantum.
This species competes with
native species for food, cover
and spawning sites.
It has also been observed to
attack fish causing injuries to
the skin and musculature.
This species is likely to
impact on native fish species
via competition and the
introduction of new parasites
and diseases. It may also
hybridise with native species.
This species is likely to
impact on native species via
predation on eggs and larvae,
competition for food, cover or
spawning sites, and the
introduction of new parasites
and diseases, and
hybridisation.
The Eastern mudminnow has
been widely classified as a
pest wherever it has been
introduced.
It is likely to impact on native
species via direct predation,
competition, and
hybridisation. It may also
introduce new parasites and
diseases.
This species is likely to
impact on native species via
direct predation, competition,
and hybridisation. It may also
introduce new parasites and
diseases.
This species is a member of
the carp family.
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Pacific salmon and trout
Oncorhynchus – all
species
(excluding
Oncorhynchus mykiss
and Oncorhynchus
kisutch)
Paddlefish, American
Polyodon spathula
Paddlefish, Chinese
Psehurus gladius
Perch
Perca – all species
(excluding the native
Perca fluviatilis)
Pike
Esox – all species
(excluding the native the
native Esox lucius)
Pikeperch
Stizostedion – all
species
This species is likely to
impact on native species via
competition and the
introduction of new parasites
and diseases.
Species in this genus have
been introduced widely into
Britain. They is likely to
impact on native species by
direct predation, competition,
hybridisation, and via the
introduction of new parasites
and diseases.
This species is likely to
impact on native species via
competition and the
introduction of new parasites
and diseases.
It may also cause habitat
degradation.
This species may impact on
native species via
competition, direct predation
on, and the introduction of
new parasites and diseases.
It may also cause habitat
degradation.
These species are likely to
impact on native species via
direct predation on,
competition with, hybridisation
with, and the introduction of
new parasites and diseases.
These species are popular
sport fish. They are likely to
impact on native species via
direct predation, competition
with, hybridisation with, and
the introduction of new
parasites and diseases. They
may also have an adverse
impact on the environment
through changes in
community structure.
There are three species
within this genus including
Zander which are now
widespread in England (this
species is currently listed on
Schedule 9). They are highly
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Ruffe
Salmon, Danubian and
Taimen
Salmon, Landlocked
Schneider
Shiner, Red
regarded a sporting fish and
subject to illegal transfers
between waters.
They impact on native
species via direct predation,
competition and the
introduction of new parasites
and diseases.
Gymnocephalus cernuus This species is native to
England, but not native to
Scotland. It is now found in
Loch Lomond, and the Forth
and Clyde Canal. It feeds on
fish eggs and, outside its
natural range, is considered
to be a threat to both
commercial and sport fishing.
In Loch Lomond, Ruffe have
changed the ecology of the
loch, for example by
destabilising normal predatorprey relationships and by
impacting on rare species
such as the native powan.
Hucho – all species
There has been at least one
attempt to introduce these
species into Britain. They
may impact on native species
by direct predation,
competition, hybridisation with
native salmonids and the
introduction of new parasites
and diseases.
Salmo salar - Non
This is a sub-species of the
Atlantic salmon (Salmo salar)
anadromous varieties
which is native to North
America. Their likely impact
on native species is through
direct predation, competition,
hybridisation with native
salmon and the introduction
of new parasites and
diseases.
Alburnoides bipunctatus This species is likely to
impact on native species by
competition and the
introduction of new parasites
and diseases.
Cyprinella/Notropis
This species is likely to
lutrensis
impact on native species by
17
Snakehead
Sturgeon (Sterlet)
Sucker, Blue
Sucker, Chinese (Zebra
Hi Fin, Banded)
Sucker, Common White
direct predation on eggs and
larvae, competition,
hybridisation and the
introduction of new parasites
and diseases.
Channa – all species
These species are causing
widespread impacts on native
fish in North America. If they
were introduced they would
be likely to impact on native
species through the
introduction of diseases.
Acipenser – all species
Sterlets have been widely
Huso – all species
introduced. They are
Pseudoscaphirhynchus
available to buy as
– all species
ornamental species, but given
Scaphirhynchus – all
their potential for growth are
species
likely to be released into the
wild when they get too large.
They are likely to impact on
native species by direct
predation of eggs,
competition, and the
introduction of new parasites
and diseases. They may also
adversely affect the
environment through habitat
degradation.
Cycleptus elongatus
This species is likely to
impact on native species by
possible hybridisation,
competition, and the
introduction of new parasites
and diseases.
Myxocyprinus asiaticus
This species is likely to
impact on native species by
competition and the
introduction of new parasites
and diseases.
Catostomus commersoni There is one occurrence of
this species being captured in
the wild in Britain, which was
most probably an escape
from a fish farm.
They are likely to impact on
native species by direct
predation on eggs,
competition, and the
introduction of new parasites
and diseases.
18
Sunbleak (Sundace)
Leucaspius delineatus
Sunfish
Lepomis – all species
Toxostome (French
nase)
Chondrostroma
toxostoma
Trout, Marbled
Salmo marmoratus
Vimba
Vimba vimba
Weatherfish
Misgurnus fossilis
Whitefish
Coregonus – all species
(excluding the native
Coregonus lavaretus
and Coregonus albula)
This species is established in
several waters in Southern
England. It is considered a
pest and has been reported to
be adversely affecting coarse
fish populations.
It is likely to impact on native
species by predation on eggs,
competition, hybridisation,
and the introduction of new
pests and diseases.
Pumpkinseed (Lepomis
gibbosus) is found in the wild
in Britain and has been listed
on Schedule 9.
These species are likely to
impact on native species by
direct predation, competition,
hybridisation, and the
introduction of new parasites
and diseases.
This species is likely to
impact on native species by
competition and the
introduction of new parasites
and diseases.
This species is likely to
impact on native species by
direct predation, competition,
hybridisation (particularly with
brown trout), and the
introduction of new parasites
and diseases.
This species would be likely
to impact on native species
by competition, and the
introduction of new parasites
and diseases. It may also
adversely affect the
environment through habitat
degradation.
This species would be likely
to impact on native species
by hybridisation, competition,
and the introduction of new
parasites and diseases.
This species would be likely
to impact on native species
by hybridisation, competition,
and the introduction of new
19
parasites and diseases.
2.3.3 There are many fish-less lochs in Scotland. The release of fish into these
lochs would disrupt the ecology of the loch and so should be prevented. It is
therefore proposed adding the following to Schedule 9.
Fish – all species
Agnatha – all species
Chondrichthyes – all
species
Osteichthyes – all
species
To fish-less lochs (these will
be specified in the order)
QUESTION 3
a) Do you agree with the fish species proposed for addition to Part I
Schedule 9 of the Wildlife and Countryside Act 1981?
b) Are there any species on the list above that you don’t think should be
added? Please give your reasons in detail.
c) Are there any species missing from the list above that you think should
be added? Please give your reasons in detail.
d) Do you agree with the listing making it an offence to release all species
of fish to fish-less lochs? Please give your reasons in detail.
20
2.4
Mammals
Common name
Boar, Wild
Scientific name
Sus scrofa
Deer, Chinese water
Hydropotes inermis
Deer, Père David’s
Elaphurus davidiensis
Ferret
Mustela furo
Polecat-ferret
Mustela furo x putorius
Rationale
This species is a former
native species; however they
have been extinct in the wild
for 300 years and as such
may now damage crops and
woodlands.
If re-introduction is
considered desirable in the
future, this should be an
official programme/project
and be carried out under
licence.
Originating from China –
these species are considered
endangered in their native
country. However, release of
these animals to Scotland
(where they could impact on
the environment) is
undesirable. Populations in
Eastern England are
increasing.
Originating from China - this
species is classed as critically
endangered.
However, release of these
animals to Scotland (where
they could impact on the
environment) is undesirable.
These species are a threat to
ground-nesting bird
populations and small
mammals.
Hybridisation between
released ferrets and polecats
threatens the native polecat
population.
QUESTION 4
a) Do you agree with the mammal species proposed for addition to Part I
Schedule 9 of the Wildlife and Countryside Act 1981?
d) Are there any species on the list above that you don’t think should be
added? Please give your reasons in detail.
e) Are there any species missing from the list above that you think should
be added? Please give your reasons in detail.
21
22
2.5
Mammals on offshore islands
2.5.1 There are over 700 offshore islands in Scotland. The threats to the native
species on these islands are often very different to those on the mainland. On many
of these islands, species may be especially vulnerable to predators and competitors
(which they may have evolved independently from). Their isolation from the
mainland means that many species that are non-native to these islands (but often
native to the mainland) can only be moved there by human-assisted transfer. These
species, when introduced, can have a major impact on the island’s native flora and
fauna (which will have evolved without the presence of the introduced species) and
should therefore be considered in the same way as invasive non-native species on
the mainland.
2.5.2 At present, Schedule 9 of the Wildlife and Countryside Act 1981 only lists one
species with a specified location (that of Deer on the Outer Hebrides and the islands
of Arran, Islay, Jura and Rum). We propose that a number of mammal species
native to the mainland are added to Schedule 9 for all Scottish offshore islands for
non-release. These are listed in the table below.
Common name
Badger
Scientific name
Meles meles
Fox, Red
Vulpes vulpes
Hedgehog
Erinaceus
europaeus
Marten, Pine
Martes martes
Rationale
This species is not
native to the Scottish
offshore islands, and
as a predator it could
cause significant
impacts on nesting
bird and small
mammal populations
if introduced.
This species is not
native to the Scottish
offshore islands, and
as a predator it could
cause significant
impacts on nesting
bird and small
mammal populations
if introduced.
This species
predates on
internationally
important
populations of
ground-nesting birds,
and has caused
populations to crash
in some areas of the
Western Isles.
This species is not
native to the Scottish
Location
All Scottish
offshore
islands
All Scottish
offshore
islands
All Scottish
offshore
islands
All Scottish
offshore
23
offshore islands, and
as a predator it could
cause significant
impacts on nesting
bird and small
mammal populations
if introduced.
Rat,
Common Rattus norvegicus
This species is
Brown
already present on
several islands. It
predates on groundnesting birds and
their eggs.
Sciurus vulgaris
Squirrel, Red
Although of
conservation
importance on the
mainland, this
species should not
be introduced into
areas where it is not
native. There may
also be insufficient
and inappropriate
habitat for this
species.
Mustela erminea
Stoat
This species is not
native to the Scottish
offshore islands, and
as a predator it could
cause significant
impacts on nesting
bird and small
mammal populations
if introduced.
Mustela nivalis
Weasel
This species is not
native to the Scottish
offshore islands, and
as a predator it could
cause significant
impacts on nesting
bird and small
mammal populations
if introduced.
Felis
silvestris This species is not
Wildcat
grampia
native to the Scottish
offshore islands, and
as a predator it could
cause significant
impacts on nesting
bird and small
islands
All Scottish
offshore
islands
All Scottish
offshore
islands
All Scottish
offshore
islands
All Scottish
offshore
islands
All Scottish
offshore
islands
24
mammal populations
if introduced.
QUESTION 5
a) Do you agree with the mammal species proposed for addition to Part I
Schedule 9 of the Wildlife and Countryside Act 1981?
b) Are there any species on the list above that you don’t think should be
added? Please give your reasons in detail.
c) Are there any species missing from the list above that you think should
be added? Please give your reasons in detail.
d) Do you have any comments on the areas specified for these species?
Please explain in detail.
25
2.6
Birds
Common name
Falcon - all species
Scientific name
Falco
Goose, Bar-headed
Chen (Anser) indicus
Goose, Barnacle
Branta leucopsis
Goose, Emperor
Chen (Anser) canagicus
Goose, Lesser Canada
Branta hutchinsii
Goose, Snow
Chen (Anser)
caerulescens
Guinea fowl, Helmeted
Numida meleagris
Lovebird, Rosy-faced
Agapornis roseicollis
Owl, Eagle
Bubo bubo
Rationale
The listing of this species on
Schedule 9 is to prevent the
release of captive stock
(many of which are hybrids)
which may hybridise with the
native birds.
This species can be
aggressive to other waterfowl,
and may also breed with
native species.
This species has the potential
(as with other geese species)
to have a negative impact
locally with damage to
vegetation, and competing
with other wildfowl.
This species has the potential
(as with other geese species)
to have a negative impact
locally with damage to
vegetation, and competing
with other wildfowl.
Possible hybridisation with
greylag geese. These
species may compete with
other native waterfowl for
nesting sites. They may also
damage vegetation and
contribute to eutrophication of
waters.
This species competes with
native waterfowl for food and
resources. Resident
populations may also have a
localised affect on native
vegetation.
There have been some
releases of this species into
the wild, this listing is
necessary to prevent further
releases into the wild.
There have been some
releases of this species into
the wild. It is a pest of fruit
crops abroad.
This species may now be
established in certain parts of
26
Owl, Snowy
Bubo scandiaca
Parakeet, Alexandrine
Psittacula eupatria
Parakeet, Blue-crowned
Arantinga acuticaudata
Parakeet, Monk
Myiopsitta monachus
Pheasant, Green
Phasanius versicolor
Shelduck, Ruddy
Tadorna ferruginea
Swan, Black
Cygnus atratus
Britain. There is evidence to
suggest that this species has
reached Britain by natural
means. Even if this is the
case we do not want captive
birds to be released into the
wild.
This species has been
resident in the past and may
become established again in
the future. Inclusion on
Schedule 9 would continue to
ensure that licences would be
required for any release.
Accidental and deliberate
releases of various species of
parakeet are frequent. There
are now established breeding
populations in SE England.
These species may compete
with native birds and are a
potential agricultural pest.
Accidental and deliberate
releases of various species of
parakeet are frequent. There
are now established breeding
populations in SE England.
These species may compete
with native birds and are a
potential agricultural pest.
Accidental and deliberate
releases of various species of
parakeet are frequent. There
are now established breeding
populations in SE England.
These species may compete
with native birds and are a
potential agricultural pest.
This species has been
released into the wild in
Britain in the past.
This species has been
released into the wild in
Britain. It is likely to impact
on other waterfowl.
This species has been
released and there are
reports of hybridisation with
the native Mute swan.
27
QUESTION 6
a) Do you agree with the bird species proposed for addition to Part I
Schedule 9 of the Wildlife and Countryside Act 1981?
b) Are there any species on the list above that you don’t think should be
added? Please give your reasons in detail.
c) Are there any species missing from the list above that you think should
be added? Please give your reasons in detail.
28
PART THREE – PROPOSED ADDITIONS TO SCHEDULE 9, PART II,
OF THE WILDLIFE AND COUNTRYSIDE ACT 1981
This section lists species that are proposed for addition to Part II of Schedule 9 of the
Wildlife and Countryside Act 1981.
3.1
Vascular Plants
Common name
Alexanders, Perfoliate
Scientific name
Smyrnium perfoliatum
Archangel, Garden
Lamiastrum galeobdolon
argentatum
Balsams
All Impatiens species
Bluebell, Spanish
Hyacinthoides hispanica
Bramble, Himalayan
giant
Rubus armeniacus
Bridewort, Confused
Spiraea x
pseudosalicifolia
Buckthorn, Sea
Hippophae rhamnoides
Butterfly bush
Buddleja davidii
Rationale
This species is native to
Southern Europe, South West
Asia and North Africa. It is a
spring flowering plant that is
known to shade out native
bluebell populations in some
areas.
This herbaceous perennial
has spread rapidly, often from
dumped garden waste. It
competes with native species.
Species within this genus can
compete with native species
and can impede access e.g.
to fishing sites. Himalayan
balsam is a species within
this genus.
Spreads by seeds and bulbs.
Garden escapees and throwouts now compete with the
native Hyacinthoides nonscripta.
Commonly mistaken for the
native bramble. This species
is invasive particularly in
hedgerows.
This species forms dense
thickets and competes with
native vegetation.
This species was originally
planted to stabilise sand
dunes, and provides good
cover for birds. However, it
grows rapidly and forms
dense thickets, altering the
habitat and shading out native
plants.
This species is now well
established in the wild –
particularly in areas of waste
29
Cabbage, Skunk
Lysichiton americanum
Cotoneaster
All Cotoneaster species
Daisy, Michaelmas
Aster aggregate
Dewplant, Purple
Disphyma crassifolium
Duck-potato
Sagittaria latifolia
Elodea, Brazilian
(Waterweed, Brazilian)
Egeria densa
Knotweed – all species
Fallopia – all species
ground. It spreads by seed
and can cause problems to
those involved in maintaining
buildings (particularly on
railways). It can also be a
safety issue in terms of safety
and sight lines for drivers.
This species is often planted
by ponds and streams where
the seed can be spread
downstream. It colonises
wetland ecosystems and
clogs waterways.
This species competes with
native species.
This plant is popular with
gardeners and as a
“landscaping” plant.
Discarded waste, landscape
planting and birds have
facilitated its spread in the
wild.
This species is found in many
different habitats, particularly
alongside roads. They can
suppress native plant species
and require controlling in
some conservation areas.
This species is a close
relative of the Hottentot Fig
(Carpobrotus edulis) which
was added to Schedule 9 in
2005.
This plant reproduces both
through seed and
vegetatively. It is a
submerged freshwater plant
and its range is increasing.
This species grows rapidly in
ponds and can out-compete
native vegetation. It has
spread very rapidly over the
last few years.
Species within this genus
compete with native species.
They are well known
invasives and cause damage
not only to the natural
environment but also to man
made structures. They have
30
Knotweed, Himalayan
Persicaria wallichii
Ladies’ mantle, Soft
Alchemilla mollis
Leek, Three cornered
Allium triquetrum
Mallow, Tree
Lavatera arborea
Montbretia
Crocosmia – all species
Purslane, Pink
Claytonia sibirica
Rhododendron
Rhododendron ponticum
spread by discarded garden
waste, aggregates, and a
resilient rhizome system.
This species is a highly
invasive plant which is very
difficult and costly to
eradicate. This plant mainly
grows alongside rivers,
roadsides and railways.
This species is a vigorous
perennial which has been
spread by the discarding of
garden waste. Although
generally recorded in lowland
areas, it has been found at
520m below Ben Lawers.
This perennial herb spreads
rapidly by seed. It is more
common in England and
Wales than Scotland at
present but is increasing in
range.
This plant is thought to be
responsible for the decline of
puffins on the island of
Craigleith where the plant has
invaded the nutrient-rich soils
of the puffin burrows.
Species within this genus
compete with native species.
This is a popular garden plant
that has spread from gardens
and from discarded garden
waste.
This perennial is a very
attractive plant which has
spread rapidly since the
1930s. It is often found in
open woodland where its
mass of spring foliage
suppresses native vegetation.
This species competes with
native species and threatens
native habitat (particularly
woodland).
It eventually dominates
habitat to the exclusion of
virtually all other plants.
There are few compensating
benefits for birds or animals.
31
Rhubarb, Giant
Gunnera (all species)
Rose, Japanese
Rosa rugosa
Salmonberry
Rubus specabilis
Snowberry
Symphoricarpus albus
Water primrose
Ludwigia – all species
except native Ludwigia
palustris
Waterweeds
All Elodea species
Gunnera is a large
herbaceous plant that shades
and suppresses native
vegetation. It is commonly
thrown out as garden waste
when it out-grows the garden.
This species is most
commonly found growing in
hedgerows, on sand dunes,
on sea cliffs and on waste
ground. It forms large
thickets and suppresses
native vegetation.
This species competes with
native vegetation.
It has spread from gardens, is
used as game cover, and is
also bird sown.
This species is commonly
found within woodland (where
it has been planted as cover
for game) and waste ground.
It competes with native
vegetation.
This species is originally
native to South America. It
spreads rapidly forming
dense mats. It can reproduce
vegetatively and by seed. It
is causing problems in some
sites in England.
Species within this genus
overgrow water bodies.
They are popular oxygenating
plants that have spread into
the wild via discarded
aquarium water.
3.1.1 There are a number of other species that have been suggested for addition to
Schedule 9 (either during the 2004 consultation or subsequently). We do not think
these pose as great a threat as the species above, however, we propose that we
add these to Schedule 9 in accordance with the precautionary principle. These
species should be subject to the risk assessment process in future and can be
removed if required.
Common name
Alkanet, Green
Scientific name
Pentaglottis
sempervirens
Rationale
This species is native to
South West Europe and is a
deep rooted perennial.
32
Cornflower, Perennial
Centaurea Montana
Currant, Flowering
Ribes sanguineum
Dogwood, Red osier
Cornus servicea
Goldenrod, Canadian
Solidago canadensis
Grape, Oregon
Mahonia aquifolia
Leopardsbane
Doronicum
pardalianches
Loosestrife, Spotted
Lysimachia punctata
Monkshood
Aconitum napellus
Snow-in-summer
Cerastium tomentosum
Thistle, Common blue
sow
Cicerbita macrophylla
This species is a native to
mainland Europe. It is a
common garden escapee and
consequently is found in the
wild in Britain.
This species is native to North
America and was introduced
to Britain in the 1800’s. It can
be found growing along
roadside hedgerows.
This is a shrub from North
America that grows in dense
clumps and can shade out
other plants.
This plant grows in damp soil
and is considered an invasive
plant in some of mainland
Europe.
These small shrubs can
rapidly spread into seminatural woodland. They form
dense thickets which can
shade out low growing native
plants. They are popular with
landscapers.
This species has an invasive
tuberous root system and
rapidly colonises woodland.
Stems of this species can
grow up to five foot tall. It
grows in damp soil especially
alongside ponds. It spreads
easily and can be difficult to
control.
This species is a garden
escapee that grows well close
to woodlands in partial shade.
It is also poisonous if eaten.
This plant can rapidly cover
areas of soil, producing a low
growing mat. Easily spreads
from discarded soil.
This species has been
introduced from the Urals. It
can be commonly seen on
roadside verges in central
and northern Scotland.
QUESTION 7
33
a) Do you agree with the plant species proposed for addition to Part II
Schedule 9 of the Wildlife and Countryside Act 1981?
b) Are there any species on the list above that you don’t think should be
added? Please give your reasons in detail.
b) Are there any species missing from the list above that you think should
be added? Please give your reasons in detail.
34
3.2
Algae
Common name
Seafingers, Green
Scientific name
Codium fragile
Alga, Red
Grateloupia filicina
Alga, Red
Heterosiphonia japonica
Rationale
Codium fragile tomentosoides
is currently listed on Schedule
9. However, Codium fragile
atlanticum is not currently
listed on Schedule 9,
although this is also found in
the wild in Britain. Both subspecies originate from the
seas around Japan and
compete with native
seaweeds.
Listing of the species Codium
fragile will encompass both
sub-species.
This species was introduced
into the Solent prior to 1947.
Due to its size it is possible
that this species may displace
other species, although there
is no clear evidence
demonstrating this.
This species was first
observed in Europe in 1994
and in the Moray Firth by
2004.
QUESTION 8
a) Do you agree with the algae species proposed for addition to Part II
Schedule 9 of the Wildlife and Countryside Act 1981?
b) Are there any species on the list above that you don’t think should be
added? Please give your reasons in detail.
c) Are there any species missing from the list above that you think should
be added? Please give your reasons in detail.
35
PART FOUR – AMENDMENTS AND REMOVALS PROPOSED TO
SPECIES CURRENTLY LISTED ON SCHEDULE 9 OF THE WILDLIFE
AND COUNTRYSIDE ACT 1981
Amendments
4.1.1 The following species are already listed on Schedule 9 of the Wildlife and
Countryside Act 1981. The proposed amendments are due to a different name now
being more commonly used.
Current listing
Flatworm, New Zealand
Artiposthia triangulata
Goose, Canada
Branta canadensis
Proposed Listing
Flatworm, New Zealand
Arthurdendyus triangulatus
Goose, Greater Canada
Branta canadensis
QUESTION 9
a) Do you agree with the amendments proposed for the species above? If
not, please explain why in detail.
b) Are there any other species currently listed on Schedule 9 that you think
should be amended? Please give your reasons in detail.
Removal
4.1.2 A number of species are proposed for removal from Schedule 9 due to the
genus of the species being added to Schedule 9.
Current listing proposed
for removal
Crayfish, Noble
Astacus astacus
Crayfish, Signal
Pacifastacus leniusculus
Crayfish, Turkish
Astacus leptodactylus
Pumpkinseed
Lepomis gibbosus,
Wels (otherwise known
as European catfish)
Silurus glanis
Zander
Stizostedion lucioperca
Knotweed, Japanese
Polygonum cuspidatum
Seafingers, Green
Codium fragile
tomentosoides
Rational
The listing of Crayfish (all species) will encompass
this species.
The listing of Crayfish (all species) will encompass
this species.
The listing of Crayfish (all species) will encompass
this species.
The listing of Sunfish (all species) will encompass
Pumpkinseed.
The listing of Catfish (all species) will encompass
European Catfish.
The listing of Pike-perch (all species) will encompass
Zander (now more commonly called Sander).
The listing of Fallopia (all species) will encompass
Japanese knotweed.
The listing of Codium fragile will encompass this subspecies.
QUESTION 10
36
a) Do you agree with the species proposed for removal from Schedule 9 of
the Wildlife and Countryside Act 1981? If not, please explain in detail.
b) Are there any other species that you think should be removed from
Schedule 9 of the Wildlife and Countryside Act 1981? Please give your
reasons in detail.
37
SCHEDULE 9
ANIMALS AND PLANTS TO WHICH, SECTION 14 APPLIES
This Schedule shows the proposed Schedule 9 in Scotland, with the species
proposed for addition to the Schedule marked in bold, and the species proposed for
deletion crossed through
Sections 14, 22
Part I
Animals which are established in the wild
Common name
Asp
With respect to all Scottish offshore islands
Badger
Barbel
Bass
Bass, Large-mouthed Black
Bass, Rock
Bass, Smallmouth
Bitterling
Blageon
Bleak, Danubian
Boar, Wild
Bream, Blue
Budgerigar
Bullfrog, American
Burbot
Capercaillie
Carp, Bighead
Carp, Chinese black (snail eating)
Carp, Grass
Carp, Silver
Catfish
Charr
Coypu
Clam, American hard-shelled
Crab, Chinese mitten
Crayfish
Crayfish, Noble
Crayfish, Signal
Crayfish, Turkish
Dace, Blacknose
Dace, Northern Redbelly (Common minnow)
Dace, Southern Redbelly (Common minnow)
Deer, any hybrid one of whose parents or other
lineal ancestor was a Sika Deer
With respect to the Outer Hebrides and the
Scientific name
Aspius aspius
Meles meles
Barbus – all species
Morone – all species
Micropterus salmoides
Ambloplites rupestris
Micropterus dolomieu
Rhodeus sericeus
Leuciscus souffia
Chalcalburnus
Sus scrofa
Abramis ballerus
Melopsittacus undulatus
Rana catesbeiana
Lota lota
Tetrao urogallus
Hypophthalmichthys nobilis
Myopharyngodon piceus
Ctenopharyngodon idella
Hypophthalmichtys molitrix
Ictalurus – all species
Ameiurus – all species
Silurus – all species
Salvelinus – all species (excluding the native
Salvelinus alpinus)
Myocastor coypus
Mercenaria mercenaria
Eriocheir sinensis
Astacidae – all species (excluding the native
Austropotamobius pallipes)
Cambaridae – all species
Parastacidae – all species
Astacus astacus
Pacifastacus leniusculus
Astacus leptodactylus
Rhinichthys atratulus
Phoxinus (Chrosomus) eos
Phoxinus (Chrosomus) erythrogaster
Any hybrid of Cervus nippon
38
islands of Arran, Islay, Jura and Rum—
(a) Deer, Cervus (all species)
(b) Deer, any hybrid one of whose parents or
other lineal ancestor was a species of Cervus
Deer
Deer, Chinese water
Deer, Muntjac
Deer, Père David’s
Deer, Sika
Dormouse, Fat
Duck, Carolina Wood
Duck, Mandarin
Duck, Ruddy
Eagle, White-tailed
Falcon – all species
Ferret
With respect to all fish-less lochs in Scotland
Fish – all species
Flatworm
Flatworm
Flatworm
Flatworm
Flatworm
Flatworm
Flatworm
Flatworm, Australian
Flatworm, New Zealand
With respect to all Scottish offshore islands
Fox, Red
Frog, Edible
Frog, European Tree (Common tree frog)
Frog, Marsh
Gerbil, Mongolian
Goose, Bar-headed
Goose, Barnacle
Goose, Egyptian
Goose, Emperor
Goose, Greater Canada
Goose, Lesser Canada
Goose, Snow
Gudgeon, Topmouth
Guinea fowl, Helmeted
With respect to all Scottish offshore islands
Hedgehog
Heron, Night
Limpet, Slipper
Lizard, Common Wall
Lovebird, Rosy-faced
Marmot, Prairie (Prairie Dog)
With respect to all Scottish offshore islands
Marten, Pine
Mink, American
Minnow, Fathead (Roseyreds)
Minnow, Freshwater (Dragon Fish or Pale
chub)
Cervus
Any hybrid of the genus Cervus
Hydropotes inermis
Muntiacus reevesi
Elaphurus davidiensis
Cervus nippon
Glis glis
Aix sponsa
Aix galericulata
Oxyura jamaicensis
Haliaetus albicilla
Falco – all species
Mustela furo
Agnatha – all species
Chondrichthyes – all species
Osteichthyes – all species
Arthurdendyus albidus
Arthurdendyus australis
Australopacifica coxii
Bipalium kewense
Kontikia andersoni
Kontikia ventrolineata
Rhynchodemus hellezi
Australoplana sanguinea var. alba
Artiposthia triangulate
Arthurdendyus triangulatus
Vulpes vulpes
Rana esculenta
Hyla arborea
Rana ridibunda
Meriones unguiculatus
Chen (Anser) indicus
Branta leucopsis
Alopochen aegyptiacus
Anser canagicus
Branta Canadensis
Branta hutchinsii
Chen (Anser) caerulescens
Pseudorasbora parva
Numida meleagris
Erinaceus europaeus
Nycticorax nycticorax
Crepidula fornicata
Podarcis muralis
Agapornis roseicollis
Cynomys
Martes martes
Mustela vison
Pimephales promelas
Zacco platypus
39
Mudminnow, Eastern
Mudminnow, European
Mussel, Zebra
Nase
Newt, Alpine
Newt, Italian Crested
Owl, Barn
Owl, Eagle
Owl, Snowy
Oyster, Pacific
Oyster Drill, American
Pacific salmon and trout
Paddlefish, American
Paddlefish, Chinese
Parakeet, Alexandrine
Parakeet, Blue-crowned
Parakeet, Monk
Parakeet, Ring-necked
Partridge, Chukar
Partridge, Rock
Perch
Pheasant, Golden
Pheasant, Green
Pheasant, Lady Amherst’s
Pheasant, Reeves’
Pheasant, Silver
Pike
Pikeperch
Polecat Ferret
Porcupine, Crested
Porcupine, Himalayan
Pumpkinseed (Sun-fish or Pond-perch)
Quail, Bobwhite
Rat, Black
With respect to all Scottish offshore islands
Rat, Common brown
Ruffe
Salmon, Danubian and Taimen
Salmon, Landlocked
Schneider
Shellduck, Ruddy
Shiner, Red
Shrimp, Japanese skeleton
Shrimp, Killer
Snakehead
Snake, Aesculapian
Squirrel, Grey
With respect to all Scottish offshore islands
Squirrel, Red
With respect to all Scottish offshore islands
Stoat
Sturgeon (Sterlet)
Umbra pygmaea
Umbra krameri
Dreissena polymorpha
Chondrostoma nasus
Triturus alpestris
Triturus carnifex
Tyto alba
Bubo bubo
Bubo scandiaca
Crassostrea gigas
Urosalpinx cinerea
Oncorhynchus – all species (excluding
Oncorhynchus mykiss and Oncorhynchus
kisutch)
Polyodon spathula
Psehurus gladius
Psittacula eupatria
Aratinga acuticaudata
Myiopsitta monachus
Psittacula krameri
Alextoris chukar
Alextoris graeca
Perca – all species (excluding the native
Perca fluviatilis)
Chrysolophus pictus
Phasanius versicolor
Chrysolophus amherstiae
Syrmaticus reevesii
Lophura nycthemera
Esox – all species (excluding the native Esox
lucius)
Stizostedion – all species
Mustela furo x putorius
Hystrix cristata
Hystrix hodgsonii
Lepomis gibbosus
Colinus virginianus
Rattus rattus
Rattus norvegicus
Gymnocephalus cernuus
Hucho – all species
Salmo salar (non anadromous varieties)
Alburnoides bipunctatus
Tadorna ferruginea
Cyprinella (Notropis) lutrensis
Caprella mutica
Dikerogammarus villosus
Channa – all species
Elaphe longissima
Sciurus carolinensis
Sciurus vulgaris
Musela erminia
Acipenser – all species
Huso – all species
Pseudoscaphirhynchus – all species
40
Sucker, Blue
Sucker, Chinese (Zebra Hi Fin, Banded)
Sucker, Common White
Sunbleak
Sunfish
Swan, Black
Terrapin, European Pond
Terrapin, Red-eared
Toad, African Clawed
Toad, Midwife
Toad, Yellow-bellied
Toxostome (French nase)
Trout, Marbled
Vimba
Wallaby, Red-necked
With respect to all Scottish offshore islands
Weasel
Weatherfish
Wels (European catfish)
Whitefish
With respect to all Scottish offshore islands
Wildcat
Zander Sander
Scaphirhynchus – all species
Cycleptus elongates
Myxocyprinus asiaticus
Catosomus commersoni
Leucaspius delineatus
Lepomis – all species
Cygnus atratus
Emys orbicularis
Trachemys scripta elegans
Xenopus laevis
Alytes obstetricans
Bombina variegata
Chondrostroma toxostoma
Salmo marmoratus
Vimba vimba
Macropus rufogriseus
Mustela nivalis
Misgurnus fossilis
Silurus glanis
Coregonus – all species (excluding the native
Coregonus lavaretus and Coregonus albula)
Felis silvestris grampia
Stizostedion lucioperca
Part II
Plants
Common name
Alexanders, Perfoliate
Alga, Red
Alga, Red
Alkanet, Green
Archangel, Garden
Balsam - all species
Bluebell, Spanish
Bramble, Himalayan giant
Bridewort, Confused
Buckthorn, Sea
Butterfly bush
Cabbage, skunk
Cornflower, Perennial
Cotoneaster – all species
Currant, Flowering
Daisy, Michaelmas
Dewplant, Purple
Dogwood, Red Osier
Duck-potato
Elodea, Brazilian (Waterweed, Brazilian)
False-acacia
Fanwort
Fern, Water
Fig, Hottentot
Scientific name
Smyrnium perfoliatum
Grateloupia luxurians
Heterosiphonia japonica
Pentaglottis sempervirens
Lamiastrum galeobdolon Argentatum
Impatiens - all species
Hyacinthoides hispanica
Rubus armeniacus
Spiraea x pseudosalicifolia
Hippophae rhamnoides
Buddleja davidii
Lysichiton americanum
Centaurea Montana
Cotoneaster - all species
Ribes sanguineum
Aster aggregate
Dysphyma crassifolium
Cornus servicea
Sagittaria latifolia
Elgeria densa
Robinia pseudoacacia
Cabomba caroliniana
Azolla filiculoides
Caprobrotus edulis
41
Goldenrod, Canadian
Grape, Oregon
Hogweed, Giant
Hyacinth, Water
Kelp, Giant
Kelp, Giant
Kelp, Giant
Kelp, Giant
Kelp, Japanese
Knotweed – all species
Knotweed, Himalayan
Knotweed, Japanese
Ladies mantle, Soft
Leek, Few-flowered
Leek, Three-cornered
Leopardsbane
Lettuce, Water
Loosestrife, Spotted
Mallow, Tree
Monkshood
Montbretia - all species
Parrot’s-feather
Pennywort, Floating
Purslane, Pink
Stonecrop, Australian swamp
Rhododendron
Rhubarb, Giant - all species
Rose, Japanese
Salmonberry
Salvinia, Giant
Seafingers, Green
Seaweed, Californian Red
Seaweed, Hooked Asparagus
Seaweed, Japanese
Seaweeds, Laver (except native species)
Shallon
Snowberry
Snow-in-summer
Thistle, Common blue sow
Wakame
Water Primrose - all species excluding the
native
Waterweed, Curly
Waterweeds (Pondweeds)
Solidago canadensis
Mahonia aquifolia
Heracleum mantegazzianum
Eichhornia crassipes
Macrocystis pyrifera
Macrocystis angustifolia
Macrocystis integrifolia
Macrocystis laevis
Laminaria japonica
Fallopia - all species
Persicaria wallichii
Polygonum cuspidatum
Alchemilla mollis
Allium paradoxum
Allium triquetrum
Doronicum pardalianches
Pistia stratiotes
Lysimachia punctata
Lavetera arborea
Aconitum napellus
Crocosmia - all species
Myriophyllum aquaticum
Hydrocotyle ranunculoides
Claytonia sibirica
Crassula helmsii
Rhododendron ponticum
Gunnera - all species
Rosa rugosa
Rubus specabilis
Salvinia molesta
Codium fragile tomentosoides
Pikea californica
Asparagopsis armata
Sargassum muticum
Porphyra spp except:
- p. amethystea
- p. leucosticta
- p. linearis
- p. miniata
- p. purpurea
- p. umbilicalis
Gaultheria shallon
Symphoricarpus albus
Cerastium tomentosum
Cicerbita macrophylla
Undaria pinnatifida
Ludwigia - all species (excluding the native
Ludwigia palustris)
Lagarosiphon major
Elodea (all species)
42
PART FIVE – PROPOSALS FOR SPECIES TO BE LISTED ON
ORDER MADE UNDER SECTION 14A OF THE WILDLIFE AND
COUNTRYSIDE ACT 1981
5.1.1 Some species are considered particularly high-risk, either because of the
damage they are already inflicting on our environment, or due to the nature of their
spread. Section 14A of the WCA provides a power to Scottish Ministers to list
animal and plant species on an order which makes it an offence to sell, offer or
expose for sale or have in one’s possession or transport for the purposes of sale the
specified species. Any animal that is not ordinarily resident in or that is not a regular
visitor to Great Britain in a wild state, or that is listed on Schedule 9; or any plant that
does not ordinarily grow in Great Britain in a wild state or that is listed on Schedule 9,
may be listed on the order.
5.1.2 Some of the species below have been suggested by respondents in previous
consultations. We believe that banning the proposed species below from sale is a
necessary tool to limit their distribution. We recognise that this may affect some
businesses and we therefore welcome feedback on this issue.
Common name
Balsam, Himalayan
Scientific name
Impatiens glandulifera
Bullfrog, American
Rana catesbeiana
Fern, Water
Azolla filiculoides
Rationale
This species is now very
common in the wild and
is spreading rapidly. Its
spread is aided by
exploding seed capsules
which can spread seeds
four metres, with each
plant producing up to 500
seeds. It grows densely
and shades out native
plants and impedes
access to riverbanks.
This species is subject to
the Wildlife Trade
Regulation, meaning that
it can not be imported
into the European
Community. However, it
can at present be traded
within the Community.
This species has been
discovered in the wild in
Britain, where it is likely
to compete with native
species, and pass on the
disease chytrid fungus.
This species is a native
of North America and
43
Frog, Edible
Rana esculenta
Frog, Marsh
Rana ridibunda
Hogweed, Giant
Heracleum
mantegazzianum
Knotweed, Giant
Fallopia sachalinensis
was added to Schedule 9
of the WCA in 2005. It
was introduced as a
water plant for ponds and
aquaria and has spread
into the wild through
discarded waste water.
This species is able to
withstand British winters
and can accumulate in
dense mats, reducing the
light levels and oxygen
levels in the water.
This species is
established in the wild in
Britain. There are
concerns that this
species may pass on
diseases to native
amphibian species.
This species was first
introduced into Kent in
1935 and is now well
established in parts of
Britain. As a voracious
predator there are
concerns that this
species may impact on
native species. It may
also pass on diseases to
native amphibian
species.
This plant is commonly
found along riverbanks
and roadsides. It can
form very large colonies
and shade out native
plants. Each plant takes
about 5 years to mature
and produce a flower
which contains
thousands of seeds.
After setting seed the
plant dies which can then
lead to erosion problems
on riverbanks.
Its sap can cause skin
irritation and burning.
A close relative of
Japanese knotweed, this
44
Knotweed, Japanese
Fallopia japonica
Leek, Few flowered
Allium paradoxum
(excluding Allium
paradoxum var. normale)
Newt, Italian crested
Triturus carnifex
Parrot’s-feather
Myriophyllum aquaticum
species is taller with
bigger leaves. It spreads
rapidly by rhizome and
can regenerate from
small fragments of plant.
It is very difficult to
eradicate once
established.
This species has long
been listed on Schedule
9 of the Wildlife and
Countryside Act 1981. It
is one of the best known
invasive plants both due
to its distribution and the
problems it can cause. It
competes with nativevegetation, restricts
access and can damage
built structures.
This species spreads
vegetatively, is extremely
hard to eradicate, and
can regenerate from very
small fragments of plant.
This perennial spreads
alongside riverbanks and
roadsides. It can be very
invasive and is
increasing in range.
This species has become
established in Britain
through
releases/escapes of pets.
It is known to hybridise
with the native great
crested newt (Triturus
cristatus) which is a
European protected
species.
This species was first
found in the wild in
Britain in 1960 and is
now found in many sites.
It forms a thick mat and
is able to shade out
native plants. It is able to
regenerate from small
fragments of plant and
has spread from
45
Pennywort, Floating
Hydrocotyle
ranunculoides
Purslane, Pink
Claytonia sibirica
Shallon
Gaultheria shallon
Stonecrop, Australian
swamp
Crassula helmsii
discarded pond water
and through small
fragments contained
within the soil of other
plants such as water
lilies.
This species was brought
to Britain in the 1980’s
and by 1991 it had
become present in the
wild. It forms dense mats
of vegetation which can
rapidly cover the water
body (growing up to 15m
in a single season). This
dense mat causes the
water to become
depleted of oxygen and
light, and can also cause
flooding.
This perennial is a very
attractive plant which has
spread rapidly since the
1930s. It is often found
in open woodland where
its mass of spring foliage
suppresses native
vegetation.
This species was
introduced as game
cover. The seeds are
spread by birds, so
making it an offence to
plant in the wild will not
necessarily limit its
spread. It is currently a
local problem in
Scotland, and this listing
would help to prevent it
becoming more of a
widespread problem.
This species was added
to Schedule 9 of the
Wildlife and Countryside
Act 1981 in Scotland in
June 2005.
It is sometimes sold in
garden centres under the
incorrect name of Tillaea
recurva.
46
Toad, African clawed
Xenopus laevis
Rhododendron
Rhododendron ponticum
Water Primrose
Ludwigia – all species
except the native
Ludwigia palustris
Waterweed, Canadian
Elodea canadensis
Waterweed, Curly
Lagarosiphon major
It is an aggressive
coloniser of sheltered
waters and has mainly
been spread in the wild
by the disposal of waste
water containing the
plant into water courses.
This species can
regenerate from very
small fragments, which
facilitates it spread and
may allow birds and
other wildlife to act as a
vector.
This species is found in
the wild in Britain. It is a
predator of native
species and has also
been implicated in the
appearance of chytrid
fungus.
This species competes
with native species and
threatens native habitat
(particularly woodland).
It eventually dominates
habitat to the exclusion of
virtually all other plants.
There are few
compensating benefits
for birds or animals.
This species is originally
native to South America.
It spreads rapidly forming
dense mats. It can
reproduce vegetatively
and by seed. It is
causing problems in
some sites in England.
This species is a native
from North and South
America, and is
considered a pest in
many parts of the world.
It is now found across
Britain where it competes
for nutrients and
outgrows native species.
This species was added
to Schedule 9 in June
47
Waterweed, Nuttall’s
Elodea nuttallii
2005. Originally from
Southern Africa, it forms
dense mats and
dominates in still or slowflowing water.
This species originates
from North America and
was first found in the wild
in Britain in 1966. It is
common in still and slow
moving waters – and is
currently a lot more
common in England than
it is in Scotland. Listing
on an order made under
Section 14A would help
to prevent this becoming
as common in the wild in
Scotland.
QUESTION 11
a) Do you agree with the species proposed for addition to an order made
under section 14A of the Wildlife and Countryside Act 1981 (banning
these species from sale?
b) Are there any species on the list above that you don’t think should be
added? Please give your reasons in detail.
c) Are there any species missing from the list above that you think should
be added? Please give your reasons in detail.
d) Will the banning of sale of these species have an impact on your
business? Please give details. More information is requested on this
matter in the Regulatory Impact Assessment (Annex B).
48