Red squirrels and the law

Red squirrels are not a European Protected Species.  However, both red squirrels and their dreys are protected by the Wildlife & Countryside Act  (1981) (as amended).  This sets out the offences if you deliberately damage or disturb either the animals or their resting places (dreys).  This protection does not apply to areas where red squirrels only feed.  Protection under the WCA was strengthened by the Nature Conservation (Scotland) Act   2004 which introduced the concept of 'reckless' behaviour.  This means that if you know red squirrels are around and likely to be affected by your plans, but you take no action to assess or prevent this, you could be committing an offence.

If you are intending to carry out work involving the removal or disturbance of trees in a red squirrel area, you must take them into account in your plans. If you do not, this may delay your work if you need to get permission from a Licensing Authority or Local Authority.

Further details on how the law relates to red squirrels is available on our licencing pages.  It is important to note, however, that this provides only a guide to the law and, for further information, you should refer to copies of the relevant legislation or seek your own legal advice.