I’m A Cecropia, Get Me Out Of Here

Robert Sutherland, Advocate

Terra Firma Chambers

I’m A Cecropia,Get Me Out Of Here

Shirley Clelland, South Lanarkshire Council

Photo Copyright, letsrecycle.com and Viridor

I’m A Cecropia,Get Me Out Of Here

The Problem

• Botanic collections

• Climate change

• Travel

• Commercial exploitation of species

• Unintended importation

• Rhodenendron, crayfish, mussels, mink, Japanese knotweed, grey squirrels

I’m A Cecropia,Get Me Out Of Here

The Problem

• 40% of worldwide animal extinctions since 17th Century attributable to INNS

• Increasing trend for invasive species to spread

• Annual GB cost = £1.7bn

• Annual Scottish cost = £244.7m

• Uists Hedgehog programme = £1.3m +

I’m A Cecropia,Get Me Out Of Here

The Present

• Wildlife and Countryside Act 1981– An offence to release or allow to escape into

the wild any animal of a kind not ordinarily resident in nor a regular visitor to GB in a wild state, or included in Part I of Schedule 9

– An offence to plant or grow in the wild any plant included in Part II of Schedule 9

(Section 14)

I’m A Cecropia,Get Me Out Of Here

The Present

• Wildlife and Countryside Act 1981– Section 14 amended in 2004 to include

hypbrid plants and animals– An offence to allow a Schedule 9 animal to

be released or allowed to escape– Section 14A – an offence to sell– Section 14B – Guidance– Section 16 – Licensing regime

I’m A Cecropia,Get Me Out Of Here

The Present

• River Basin Management Plans

• Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008

• Species Action Framework (2007)

• Invasive Non-native Species Framework Strategy for Great Britain (2008)

I’m A Cecropia,Get Me Out Of Here

The Future

• Wildlife and Natural Environment (Scotland) Act 2011– an offence to release or allow to escape from

captivity any animal to a place outwith its native range, or any type of animal of a type specified by an order of the Scottish Ministers

(Section 14(1)(a))

I’m A Cecropia,Get Me Out Of Here

The Future

• Wildlife and Natural Environment (Scotland) Act 2011– An offence to cause any animal outwith the

control of any person to be at a place outwith its native range

– Exception to S14(1) for common pheasant and red-legged partridge, and others specified by Order (Section 14(2A) and (2B))

I’m A Cecropia,Get Me Out Of Here

The Future

• Wildlife and Natural Environment (Scotland) Act 2011– An offence to keep, possess, or control any

invasive animal or plant specified by Order

(Section 14ZC)– An offence to sell, offer or expose for sale

any invasive animal or plant specified

(Section 14A)

I’m A Cecropia,Get Me Out Of Here

The Future

• Wildlife and Natural Environment (Scotland) Act 2011– Definitions – Section 14P– Licensing of a prohibited activity – Sections

16 and 16A

I’m A Cecropia,Get Me Out Of Here

The Future

• Wildlife and Natural Environment (Scotland) Act 2011– Duty to notify the presence of specified

invasive animals or invasive plants outwith their native range

(Section 14B)– Code of Practice – has evidential effect

(Section 14C)

I’m A Cecropia,Get Me Out Of Here

The Future

• Wildlife and Natural Environment (Scotland) Act 2011– Species Control Orders – Sections14D - 14O

• Defined – Section 14F• What can and cannot be done• Made by a ‘relevant body’• 42 day period to reach agreement first• Emergency Species Control Order

I’m A Cecropia,Get Me Out Of Here

The Future

• Wildlife and Natural Environment (Scotland) Act 2011– Species Control Orders – Sections14D - 14O

• Effective 28 days after giving notice, unless an emergency control order

• Fine and/or imprisonment• Right of appeal to sheriff – 28 days from notice• Powers to enter premises

I’m A Cecropia,Get Me Out Of Here

Border Raiders

• Wildlife and Countryside Act 1981– Differences in English/Scottish provisions

since 2004– England – updating Schedule 9– Scotland - Schedule 9 not applicable

following implementation of 2011 Act– Differences increasing

I’m A Cecropia,Get Me Out Of Here

Border Raiders

• Cecropia peltata– ‘... rapidly invades disturbed areas, such as

forest canopy gaps, roadsides, lava flows, agricultural sites, urban locations, and other disturbed areas .... It may be replacing, or competing with, other native pioneer species in some locations.’

ISSG Global Invasive Species Database

I’m A Cecropia, Get Me Out Of Here

Robert Sutherland, Advocate

Terra Firma Chambers