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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 1 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. 2 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. 3 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. 1 http://www.scotland.gov.uk/consultations 4 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. 5 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 6 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 7 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. 8 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 9 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. 10 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. 11 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 12 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 13 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 14 (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. 15 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 16 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