Do not light fires or BBQs in the countryside

Wildfire risk. Check safety advice.

Understanding what wildlife is protected and why

Adder, grass snake, slow worm and common lizard

There are six terrestrial reptile species native to Wales. These snakes and lizards have all declined in Britain as natural habitats have been lost. In addition, snakes and even slow worms have suffered deliberate killing; and lizards have been targeted for the pet trade.

This page cannot cover all aspects of the law or reptile ecology, but is an introduction to show how you can help to protect these species.

UK legislation

All British reptiles are protected from intentional killing, injuring and sale under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended). These are as follows:

Adder, Vipera berus
Grass snake, Natrix natrix
Slow worm, Anguis fragilis
Common lizard, Lacerta vivipara

This legislation aims to protect them from persecution and also exploitation in the pet trade.

Our rarest terrestrial reptile, the sand lizard (Lacerta agilis), and all our marine turtles also receive protection under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) from the following:

Disturbing whilst occupying a place of shelter or protection
Obstructing access to a place of shelter or protection
Sale / offering for sale

NRW can issue licences for several purposes under this legislation, including scientific, research, educational, conservation and photography, but not for development.

European legislation

The sand lizard and marine turtles are protected under the Conservation of Habitats and Species Regulations 2017 (known as ‘the Habitats Regulations’). This is because they have declined throughout Europe in recent decades.

Under the Habitats Regulations, it is an offence if you:

Deliberately capture, injure or kill any wild animal of an EPS
Deliberately disturb wild animals of any such species
Deliberately take or destroy the eggs of such an animal, or
Damage or destroy a breeding site or resting place of such an animal

Disturbance is defined as that which is likely:

To impair their ability –
- To survive, to breed or reproduce, or to rear or nurture their young, or
- In the case of animals of a hibernating or migratory species, to hibernate or migrate; or
To affect significantly the local distribution or abundance of the species to which they belong

There are other offences relating to the possession, transport, sell or exchange a protected species.

For a summary of their legal protection, see legally protected reptiles and amphibians in Wales

Licensing

NRW issues licences under Regulation 55 of the Habitats Regulations to allow activities involving EPS to proceed, which would otherwise be offences. We issue them for specific purposes stated in the Regulations, if the following three tests are met:

The purpose of the work is for preserving public health or public safety or other imperative reasons of over-riding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment
That there is no satisfactory alternative
That the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range

Other licensing purposes include the following:

Scientific and educational purposes
Ringing or marking
Conserving wild animals or wild plants
Protecting any zoological or botanical collection
Preventing the spread of disease
Preventing serious damage

Badgers

The law protects badgers, including their setts.

You may be able to get a licence from us or the Welsh Government depending on the activities you want to undertake.

You can obtain a licence for certain activities, to avoid committing offences.

Badgers and the law

It is against the law to:

kill, injure, or take badgers
attempt to kill, injure, or take badgers
possess live or dead badgers, or parts of them
cruelly ill-treat a badger
damage or destroy a badger sett or any part of it
obstruct access to, or any entrance of, a badger sett
cause a dog to enter a badger sett
disturb a badger while it’s occupying a sett
sell or offer for sale a live badger
mark and ring badgers

If found guilty of committing any of the above offences, you could be subject to an unlimited fine and imprisonment of up to six months.

When you need a badger licence

You will need to get a licence for any activities that affect badgers. You can apply for a licence from NRW to:

kill or take badgers or interfere with badger setts for conservation, scientific or educational purposes
possess live or dead badgers, or parts of them
take badgers to ring or mark them or attach a ring tag or other marking device
carry out any development work that would interfere with a badger sett (see note below regarding definition of development)
preserve or archaeological investigate a monument that would interfere with a sett
investigate if an offence has been committed
gather evidence for a court trial
control foxes to protect released game and wildlife

You can apply to WG for a licence to:

interfere with badger setts for any agricultural or forestry operation
interfere with badger setts for any operation to maintain or improve any existing watercourses or drainage works
interfere with badger setts for the construction of new works for the drainage of land, including works of defence against seawater or tidal water
kill or take badgers or interfere with their setts for preventing the spread of disease
kill or take badgers or interfering with their setts for preventing serious damage to land, crops, or poultry or any other form of property
controlling foxes to protect penned game and to protect livestock

If works need to be carried out to prevent serious damage to land or any other form of property, WG may license those works. WG Wildlife Advisers may also visit and provide on-site advice. Should you require further information then please contact NRW or WG who will be able to advise whether a licence should be obtained.

What is meant by development?

Section 55 (1) of the Town and Country Planning Act 1990 (“the 1990 Act”) defines ‘development’ as:

“...the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.”

Works that do not constitute development under the Town and Country Planning Act

Under the 1990 Act, various operations are excluded from the definition of development. These include

the carrying out on land within the boundaries of a road by a highway authority of any works required for the maintenance or improvement of the road but... not including any works which may have significant adverse effects on the environment;
a local authority or statutory undertakers carrying out any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose;
the demolition of any description of building specified in a direction given by the Welsh Ministers to local planning authorities generally or to a particular local planning authority.

Please note that this list is not exhaustive.

You may be able to time works to avoid sensitive periods. The badger ‘closed season’ is when badgers are pregnant or nursing cubs, this is between the months of December to the end of June. You will need to allow time to plan for this in your work schedule.

NRW would normally issue licences to disturb badgers or damage or destroy setts between the 1 July and the 30 November in any year.

Guidance for developers

We offer a basic guide for developers. You should not use this guide as a substitute for professional advice. Our guidance for developers can help you reduce the effect your work has on any badgers and their setts within your development.

Bats

You must apply for a licence from Natural Resources Wales if you’re doing any work that affects a protected species in Wales. This includes:

disturbing, trapping or handling protected species
damaging their habitats, for example by restoring a pond or building a housing development

All bat species are protected by law, including their breeding sites and resting places.

Bats and the law

It is against the law to:

deliberately capture, injure, or kill bats
damage or destroy a breeding or resting place
obstruct access to their resting or sheltering places
possess, transport, sell or exchange live or dead bats, or parts of them
intentionally or recklessly disturb a bat while it’s in a structure, or place of shelter, or protection

You may be able to get a licence from us for certain specific purposes if the work you want to do is likely to commit an offence.

When you don’t need a bat licence

You don’t need a licence to:

tend a disabled bat
kill a seriously injured bat
remove a trapped bat from the living area of a house

Find out if you need to apply for a protected species licence

Bats in my home

Find out what to do if you are concerned about bats at your property

Beavers

Eurasian beaver, Castor fiber, is protected under the Conservation of Habitats and Species Regulations 2017 (as amended) (also known as the Habitat Regulations) and the Wildlife and Countryside Act 1981 (as amended).

Beavers and the law

The law with respect to the protection of beavers in Wales changed on 4 March 2026 following the Beaver (Wales) Order 2026. These changes recognise beaver as a native species in Wales and give it protection as a European Protected Species (EPS).

Beavers as a protected species

Beavers are listed on Schedule 2 of the Conservation of Habitats and Species Regulations 2017 making them a European Protected Species (EPS). This gives legal protection to beavers and the places they use for breeding and shelter – including their burrows, lodges and dams.

It is against the law to: 

deliberately injure, kill, capture or disturb beavers
damage or destroy a beaver breeding site or resting place such as a burrow, lodge, or a dam associated with a burrow or lodge
keep a beaver or parts of a beaver taken from the wild
possess or transport a beaver
sell or exchange, or offer a beaver for sale or exchange

Disturbance includes any action likely to impair a beaver’s ability to survive, breed, reproduce or rear kits or significantly affect the local distribution or abundance of beavers. These protections apply wherever beavers are present when an action affecting their breeding site or resting place takes place.

You may be able to get a licence from us for certain specific purposes if the work you want to do is likely to commit an offence.

Most negative impacts caused by beavers occur within roughly 20 metres of the water’s edge, and a range of techniques can be used to prevent or manage their impacts. These include creating naturally vegetated buffer zones to give beavers space, as well as undertaking non-licensable actions that do not require a licence.

NRW is developing a management framework for beavers in Wales which will include our approach to actions you can take which do not require a licence and licensing activities which disturb or damage beavers and their habitats.

Contact us

Please contact NRW for advice on management options and licensing if you need to take action in an areas where beavers are present.

Releasing beavers into the wild

Beavers are listed under Schedule 9 Part 1A (native animals) of the Wildlife and Countryside Act 1981. This means you need an NRW licence to:

release beavers into an enclosure, or
release them into the wild

Deer

Deer are protected under their own piece of legislation, the Deer Act 1991

It is against the law to:

kill / take / injure a deer without the consent of the landowner / occupier
take / kill any Schedule 1 species during the close season,
take / kill any deer at night
use of a trap, snare, poisoned or stupefying bait, or any net to kill / take deer
use of any firearm / ammunition mentioned in Schedule 2, or arrow, spear etc
use of any missile carrying poison, stupefying drug or muscle-relaxing agent
use of mechanically propelled vehicle to discharge any firearm or drive deer

It is not illegal to kill or take a deer for the purpose of preventing suffering of an injured or diseased deer.

Schedule 1 of the Deer Act lists the following species: red, fallow, roe and sika deer.

Licensing

Natural Resources Wales can grant licences for specific purposes under the legislation. Licences allow activities that would otherwise be illegal. Natural Resources Wales can grant licences to take deer for the purposes of removing deer from one area to another, or of taking deer alive for scientific or educational purposes.

Natural Resources Wales will consult with Welsh Government over any applications to move deer from one area to another, as there would be potential implications for the spread of disease.

The Wales deer strategy Wild Deer Management in Wales sets out a framework towards achieving sustainable management of deer in Wales.

Game dealers are licensed under the Game Act 1831 and the Game Licences Act 1860. These licences are not issued by Natural Resources Wales.

Dormice

You must apply for a licence from Natural Resources Wales if you’re doing any work that affects a protected species in Wales. This includes:

disturbing, trapping or handling protected species
damaging their habitats, for example by restoring a pond or building a housing development

The Hazel dormouse Muscardinus avellanarius is protected under the Conservation of Habitats and Species Regulations 2017, known as the ‘Habitats Regulations’. This is because dormice have declined throughout Europe in recent decades. This information is focused on dormouse licensing in Wales and is not a comprehensive review of the ecology or the law relating to dormice.

Dormice can be affected by a range of activities including hedgerow work, road schemes, housing developments or woodland operations.

Legislation

Under the Habitats Regulations, it is an offence if you:

Deliberately capture, injure or kill any wild animal of an EPS
Deliberately disturb wild animals of any such species
Damage or destroy a breeding site or resting place of such an animal

Disturbance includes, but is not limited to, any disturbance which is likely:

to impair their ability –
- To survive, to breed or reproduce, or to rear or nurture their young, or
- In the case of animals of a hibernating or migratory species, to hibernate or migrate; or
To affect significantly the local distribution or abundance of the species to which they belong

Defra and the Welsh Government will publish a joint guidance document on the interpretation of the offences relating to disturbance and to damage and destruction of breeding sites and resting places.

There are other offences relating to the possession, transport, sell or exchange a protected species.

Licensing

NRW issues licences under Regulation 55 of the Habitats Regulations to allow you to work within the law. We issue them for specific purposes stated in the Regulations, if the following three tests are met:

The purpose of the work meets one of those listed in the Habitats Regulations
That there is no satisfactory alternative
That the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status (FCS) in their natural range

Licensing purposes

The Habitats Regulations permits licences to be issued for a specific set of purposes including:

Include preserving public health or public safety or other imperative reasons of over-riding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment
Scientific and educational purposes
Ringing or marking
Conserving wild animals

Scientific or Educational

You will need a licence to take or disturb a dormouse, or damage or obstruct access to a breeding or resting place, in order to carry out any kind of research or detailed survey. We can also issue licences for ringing or marking, including fitting radio tracking tags and passive inductive transponder (PIT) tags. Licensing these more invasive techniques requires a detailed project method statement. If you are working towards your own survey licence, please see the attached Dormouse Training Log.

European protected plants

Some species of plants have declined throughout Europe to such an extent that they are now offered special protection in law. The Conservation of Habitats and Species Regulations 2017 (known as ‘the Habitats Regulations’) transposed into UK law the EC Habitats Directive of 1992, which listed these EPS.

This page cannot cover all aspects of the law, but is an introduction to show how you can help to protect these rare species.

Plant species

The following plants occurring in Wales are European Protected Species, and are listed on Schedule 5 of the Conservation of Habitats and Species Regulations 2017:

Fen Orchid, Liparis loeselii
Floating Water-plantain, Luronium natans
Killarney Fern, Trichomanes speciosum
Shore Dock, Rumex rupestris

Under the Habitats Regulations, it is an offence if you deliberately pick, collect, cut, uproot or destroy a wild plant of a European protected species.

Licensing

The purpose of the work meets one of those listed in the Habitats Regulations
That there is no satisfactory alternative
That the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range

Licensing purposes

The Habitats Regulations permits licences to be issued for a specific set of purposes including:

Include preserving public health or public safety or other imperative reasons of over-riding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment
Scientific and educational purposes
Conserving wild plants or introducing them to particular areas

Fish

Some species of fish in Wales are protected because they are rare or vulnerable to certain activities. One rare visitor, the Sturgeon, is an EPS because it has declined throughout Europe.

UK legislation

Fish species that are protected under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) are listed on the page ‘Fish’. The legislation protects them for a distance of up to 12 nautical miles from the Welsh coast.

For details of their various levels of protection, see legally protected fish in Wales. Offences given in Section 9 include combinations of the following:

Intentionally kill, injure or take,
Damage or destroy any place of shelter or protection,
Disturb whilst occupying a place of shelter or protection
Obstruct access to a place or shelter or protection
Sell, offer or expose for sale

The Basking shark has a unique section in the Act, that ‘if any person intentionally or recklessly disturbs….a basking shark, he shall be guilty of an offence’.

Natural Resources Wales issues licences under the Wildlife and Countryside Act for specific purposes, to enable you to work within the law. These include:

Scientific and educational purposes
Ringing or marking
Conservation
Photography

European legislation

The Sturgeon is protected under the Conservation of Habitats and Species Regulations 2017 (known as ‘the Habitats Regulations’). This is because it has declined throughout Europe in recent decades.

Under the Habitats Regulations, it is an offence if you:

Deliberately capture, injure or kill any wild animal of an EPS
Deliberately disturb wild animals of any such species
Deliberately take or destroy the eggs of such an animal, or
Damage or destroy a breeding site or resting place of such an animal

Disturbance is defined as that which is likely:

To impair their ability –
- To survive, to breed or reproduce, or to rear or nurture their young, or
- In the case of animals of a hibernating or migratory species, to hibernate or migrate; or
To affect significantly the local distribution or abundance of the species to which they belong

There are other offences relating to the possession, transport, sell or exchange a protected species.

Natural Resources Wales issues licences under Regulation 55 of the Habitats Regulations to allow you to work within the law. We issue them for specific purposes stated in the Regulations, if the following three tests are met:

The purpose of the work meets one of those listed in the Habitats Regulations (see below);
That there is no satisfactory alternative
That the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range

Licensing purposes

The Habitats Regulations permits licences to be issued for a specific set of purposes including:

Include preserving public health or public safety or other imperative reasons of over-riding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment;
Scientific and educational purposes
Ringing or marking
Conserving wild animals

For more information, see Marine European Protected Species Licensing

Frogs, Toads and Newts

There are six amphibian species native to Wales. All amphibians need fresh water in which to lay their eggs or spawn and enough suitable habitat nearby to spend the rest of their year.

This page cannot cover all aspects of the law or amphibian ecology, but is an introduction to show how you can help to protect these species.

UK legislation

The most common species are protected from sale under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended). These are as follows:

Common frog, Rana temporaria
Common toad, Bufo bufo
Palmate newt, Triturus helveticus
Smooth / common newt, Triturus vulgaris

This legislation protects them from sale, or advertising / offering them for sale. This is to protect them from exploitation in the pet trade or for laboratory use.

NRW can issue licences for several purposes under this legislation, including scientific, research, educational, conservation and photography, but not for development.

European legislation

Our two rarest amphibians are protected under the Conservation of Habitats and Species Regulations 2017 (known as ‘the Habitats Regulations’). This is because they have declined throughout Europe in recent decades. The Habitats Regulations lists the following amphibian EPS:

Great crested (or Warty) newt, Triturus cristatus
Natterjack toad, Bufo calamita

Under the Habitats Regulations, it is an offence if you:

Deliberately capture, injure or kill any wild animal of an EPS,
Deliberately disturb wild animals of any such species,
Deliberately take or destroy the eggs of such an animal, or
Damage or destroy a breeding site or resting place of such an animal

Disturbance is defined as that which is likely:

To impair their ability –
- To survive, to breed or reproduce, or to rear or nurture their young, or
- In the case of animals of a hibernating or migratory species, to hibernate or migrate; or
To affect significantly the local distribution or abundance of the species to which they belong

There are other offences relating to the possession, transport, sell or exchange a protected species.

For a summary of amphibian legal protection, see legally protected reptiles and amphibians in Wales.

Licensing

The purpose of the work is for preserving public health or public safety or other imperative reasons of over-riding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment
That there is no satisfactory alternative
That the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range

Other licensing purposes include the following:

Scientific and educational purposes,
Ringing or marking,
Conserving wild animals or wild plants,
Protecting any zoological or botanical collection,
Preventing the spread of disease,
Preventing serious damage

Great Crested Newts

You must apply for a licence from Natural Resources Wales if you’re doing any work that affects a protected species in Wales. This includes:

disturbing, trapping or handling protected species
damaging their habitats, for example by restoring a pond or building a housing development

Great crested newts are protected by law, including their breeding sites and resting places.

Great crested newts and the law

It is against the law to:

capture, injure or kill great crested newts
damage or destroy a breeding or resting place
obstruct access to their resting or sheltering places
possess, transport, sell or exchange live or dead great crested newts
take great crested newt eggs

You may be able to get a licence from us for certain specific purposes if the work you want to do is likely to commit an offence.

When you don’t need a great crested newt licence

You can work without a licence if you can:

avoid killing or injuring great crested newts
avoid destroying their eggs
avoid damaging their habitat
avoid disturbing breeding newts

You may be able to time works to avoid sensitive periods so you will need to allow time to plan for this in your work schedule. You may need to employ an ecologist to advise you.

When you need a great crested newt licence

Great crested newts breed in ponds and other water bodies but are dependent on other habitat throughout the year. Activities that can affect great crested newts include:

maintaining, restoring, or destroying ponds or water bodies
introducing fish into ponds used by great crested newts
removal of vegetation, scrub, brash piles used by great crested newts
excavations and other ground works
surveys using torches, nets, or traps

Report great crested newts

There is no need to report sightings of great crested newts. We do encourage people to send details of wildlife sightings to their local record centre.

The Amphibian and Reptile Conservation Trust has information to help you identify the different newt species.

eDNA test results for great crested newt licensing

We will now accept eDNA test results as evidence of great crested newts.

Invertebrates

Invertebrates are animals without backbones. The term includes insects (such as butterflies, moths and beetles), spiders, crustaceans (including woodlice and crabs), molluscs (such as snails and mussels), worms and microscopic animals.

There are over 25,000 species in Wales. Many are attractive and fascinating, and they play vitally important roles as pollinators, recyclers, pest controllers and components of the food chain.

UK legislation

The Wildlife and Countryside Act 1981 (as amended), lists around 70 invertebrate species on Schedule 5. There are various levels of protection. Offences include combinations of the following, according to the rarity of the species:

Sale, or offering / exposing for sale
Possession
Intentional taking, killing or injuring
Intentionally / recklessly damaging or destroying its place of shelter / protection
Intentionally / recklessly disturbing it whilst occupying its place of shelter / protection
Intentionally / recklessly obstructing access to its place of shelter / protection

Species with full protection under the Act include the marsh fritillary butterfly, southern damselfly, mole cricket, fairy shrimp, medicinal leech and freshwater pearl mussel, amongst many others.

For a summary of invertebrate legal protection, see Legally protected invertebrates in Wales.

Licensing

Natural Resources Wales issues licences under the Wildlife and Countryside Act 1981 (as amended) for specific purposes, so you can undertake certain activities without breaking the law. We can grant licences for the following purposes:

scientific and educational
ringing or marking
conserving wild animals or wild plants, or introducing them to particular areas
protecting any zoological or botanical collection
photography
public health or public safety
preventing the spread of disease
preventing serious damage to crops, property, fisheries etc

We cannot issue licences for the purposes of development under this legislation.

Marine European Protected Species

Whales, dolphins and porpoises (cetaceans); marine turtles and sturgeon are protected under the Conservation of Habitats and Species Regulations 2017, known as the ‘Habitats Regulations’. This is because they considered vulnerable to decline throughout European waters. This information is focused on marine EPS licensing in Wales and is not a comprehensive review of their ecology or the law.

Cetaceans in Welsh waters include:

Harbour porpoise, Phocoena phocoena
Bottlenose dolphin, Tursiops truncatus
Short-beaked common dolphin, Delphinus delphis
Risso’s dolphin, Grampus griseus
Minke whale, Balaenoptera acutorostrata

Other marine EPS include a fish and five marine turtles:

Sturgeon, Acipenser sturio
Loggerhead turtle, Caretta caretta
Green turtle, Chelonia mydas
Kemp’s Ridley turtle, Lepidochelys kempii
Hawksbill turtle, Eretmochelys imbricata
Leatherback turtle, Dermochelys coriacea

Cetaceans can be affected by a range of activities including marine developments, research and survey work, water craft, and recreation. For information on how to conduct your work or leisure interests without breaking the law, see the document Sea Wise Code.

Update to offshore marine species licensing

From 30 November 2017, the responsibility for protected species licensing in the Welsh offshore region under the Conservation of Offshore Marine Habitats and Species Regulations 2017 transferred to the Welsh Ministers. This transfer of function to the Welsh Ministers followed a commitment from the UK Government to devolve further nature conservation powers to Wales.

The Marine Management Organization (MMO) previously issued offshore marine species licenses in the Welsh offshore region; as of 1 April 2018 the responsibility for the administration of applications has transferred to Natural Resources Wales, who will be acting on behalf of the Welsh Ministers.

If you have submitted an application to the MMO prior to 1 April 2018, this will continue to be determined by the MMO. Once the licence application has been determined, if there are any post licence requirements, such as monitoring or discharge of conditions, these will be considered by NRW. Any protected species licence enforcement would be undertaken by the Welsh Government.

Legislation

Under the Conservation of Habitats and Species Regulations 2017 and the Conservation of Offshore Marine Habitats and Species Regulations 2017 , it is an offence if you:

Deliberately capture, injure or kill any wild animal of an EPS
Deliberately disturb wild animals of any such species
Deliberately take or destroy the eggs of such an animal, or
Damage or destroy a breeding site or resting place of such an animal

Disturbance includes, but is not limited to, any disturbance which is likely:

to impair their ability –
- To survive, to breed or reproduce, or to rear or nurture their young, or
- In the case of animals of a migratory species, to migrate; or
to affect significantly the local distribution or abundance of the species to which they belong

Defra and the Welsh Government will soon be publishing a joint guidance document on the disturbance of marine EPS.

There are other offences relating to possession, transport and sale.

Licensing

NRW issues licences under Regulation 55 of the Conservation of Habitats and Species Regulations 2017 and the Conservation of Offshore Marine Habitats and Species Regulations 2017 to allow you to work within the law. We issue them for specific purposes stated in the Regulations, if the following three tests are met:

The purpose of the work meets one of those listed in the Habitats Regulations
That there is no satisfactory alternative
That the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range

Licensing purposes

The Habitats Regulations permits licences to be issued for a specific set of purposes including:

Include preserving public health or public safety or other imperative reasons of over-riding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment (including development)
Scientific and educational purposes
Ringing or marking
Conserving wild animals

Scientific or Educational

You will need a licence to take or disturb a marine EPS, in order to carry out any kind of research or detailed survey, including photo-identification. We can also issue licences for more invasive survey methods including marking animals or taking samples.

Natterjack Toads

The Natterjack is protected under the Conservation of Habitats and Species Regulations 2017, known as the ‘Habitats Regulations’, because it has declined throughout Europe in recent decades. This information is focused on Natterjack licensing in Wales and is not a comprehensive review of the ecology or the law relating to Natterjacks.

Natterjack toads can be affected by a range of activities including pond management, footpath work, grass cutting, scrub clearance and development.

Legislation

Under the Habitats Regulations, it is an offence if you:

Deliberately capture, injure or kill any wild animal of an EPS
Deliberately disturb wild animals of any such species
Deliberately take or destroy the eggs of such an animal, or
Damage or destroy a breeding site or resting place of such an animal

Disturbance includes, but is not limited to, any disturbance which is likely:

to impair their ability –
- To survive, to breed or reproduce, or to rear or nurture their young, or
- In the case of animals of a hibernating or migratory species, to hibernate or migrate; or
To affect significantly the local distribution or abundance of the species to which they belong

Defra and the Welsh Government will publish a joint guidance document on the interpretation of the offences relating to disturbance, and to damage and destruction of breeding sites and resting places.

Licensing

The purpose of the work meets one of those listed in the Habitats Regulations (see below)
That there is no satisfactory alternative
That the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status (FCS) in their natural range

Licensing purposes

The Habitats Regulations permits licences to be issued for a specific set of purposes including:

Include preserving public health or public safety or other imperative reasons of over-riding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment
Scientific and educational purposes
Ringing or marking
Conserving wild animals

Scientific or Educational

You will need a licence to take or disturb a natterjack, or damage or obstruct access to a breeding or resting place, in order to carry out any kind of research or detailed survey. For more information on survey licences, see ‘Schedule 5 and 6 application form’. We can also issue licences for ringing or marking.

Conservation

If you would like to undertake management or restoration of dune ponds with natterjacks for their own benefit, you will usually need a conservation licence.

Otters

The otter, Lutra lutra, is protected under the Conservation of Habitats and Species Regulations 2017, known as the Habitats Regulations. This is because otters have declined throughout Europe in recent decades. This information is focused on otter licensing in Wales and is not a comprehensive review of the ecology or the law relating to otters.

Otters can be affected by a range of activities including scrub clearance, river management, footpath creation, road schemes, housing developments or woodland operations.

Legislation

Under the Habitats Regulations, it is an offence if you:

Deliberately capture, injure or kill any wild animal of an EPS
Deliberately disturb wild animals of any such species
Damage or destroy a breeding site or resting place of such an animal

Disturbance includes, but is not limited to, any disturbance which is likely:

to impair their ability –
- To survive, to breed or reproduce, or to rear or nurture their young, or
- In the case of animals of a hibernating or migratory species, to hibernate or migrate; or
To affect significantly the local distribution or abundance of the species to which they belong

It is against the law to possess, transport, sell or exchange live or dead specimens of a European or a UK protected species.

It is not necessary to obtain a licence to collect a dead otter (eg a road casualty) for the purpose of submitting it for post mortem as part of the Cardiff University Otter Project.

Licensing

The purpose of the work meets one of those listed in the Habitats Regulations
That there is no satisfactory alternative
That the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range

Licensing purposes

The Habitats Regulations permits licences to be issued for a specific set of purposes including:

Include preserving public health or public safety or other imperative reasons of over-riding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment
Scientific and educational purposes
Ringing or marking
Conserving wild animals

Scientific or Educational

You will need a licence to take or disturb an otter, or damage or obstruct access to a breeding or resting place, in order to carry out any kind of research or detailed survey. We can also issue licences for more invasive survey methods including marking animals or fitting radio tracking collars.

Pine Marten, Polecat, Shrews and Stoats

Small mammals, for the purposes of this page, include voles, shrews, mice, rats, moles, stoats and hedgehogs. Information on licensing for other mammals can be found on the following pages:

Small mammals include insectivores, such as hedgehogs, moles and shrews, and rodents, such as mice and voles. Not all species are protected, and the levels of protection vary between species.

This page cannot cover all aspects of the law or mammal ecology, but is an introduction to show how you can help to protect these species.

UK legislation

The Wildlife and Countryside Act 1981 (as amended), known as ‘the Act’, lists several mammal species on Schedule 6, for which certain methods of killing or taking are prohibited. These include the following small mammals:

Hedgehog, Erinaceus europaeus
Shrews, Soricidae
Water vole, Arvicola amphibious
Eurasian Stoat, Mustela ermine

The water vole is also listed on Schedule 5 of the Act. For more information, see Water vole licensing.

European legislation

None of the species considered here are protected under the Conservation of Habitats and Species Regulations 2017 (known as ‘the Habitats Regulations’). The Hazel dormouse is listed on schedule of 5 of the Habitats Regulations. For more information, see Dormouse licensing.

Pine marten

Pine martens are extremely rare in Wales. There are a few recent records from Carmarthenshire and Snowdonia, but the only specimen to be found in the last 40 years was a road casualty in mid-Wales in 2012.

The pine marten has a creamy coloured throat and a chocolate brown coat. It is an agile climber and needs suitable cavities in trees to raise its young. Pine martens eat small mammals, birds, beetles, nuts and berries. They rely on wooded and often rocky locations which tend to be remote from human populations.

The Wildlife and Countryside Act 1981 (as amended) gives full protection to pine martens under Schedule 5. It is also listed on Schedule 6, which prohibits certain methods of capture and killing.

For Schedule 5 species, the following are offences:

Intentional taking, killing or injuring
Intentionally / recklessly damaging or destroying its place of shelter / protection
Intentionally / recklessly disturbing it whilst occupying its place of shelter / protection
Intentionally / recklessly obstructing access to its place of shelter / protection
Sale, or offering / exposing for sale
Possession

Polecat

The polecat had almost disappeared from Wales by 1900 because of persecution, but has made an impressive recovery since then. It has now spread throughout Wales again, although it remains somewhat elusive.

Polecats have distinct ‘bandit’ markings around their eyes and a brindled brown coat. They are adept hunters, able to catch rabbits in their burrows and even to swim. They are found in a variety of habitats including sand dunes, farmland, woodland and marshes.

The Wildlife and Countryside Act 1981 (as amended) lists the polecat on Schedule 6. This prohibits certain methods of killing or taking animals, which are specified in Section 11. These include using the following:

Any trap or snare, electrical device or poisonous / stupefying substances,
Any net,
Any automatic or semi-automatic weapon,
Any device for illuminating a target / sighting device,
Any dazzling device,
Any gas or smoke,
Any sound recording as a decoy,
Any mechanically propelled vehicle

If you wish to carry out surveys / research that would involve offences under this legislation, you must apply for a licence from NRW.

Shrews

If you are intending to trap shrews, this can be done under:

General Licence 017 2026

Once downloaded, please contact us and let us know that you intend to activate the licence.

Please read all the conditions attached to the licence, in particular conditions 97, 98 and 211.

Stoats

If you are intending to trap stoats, this can be done under preventing serious damage to crops, property and fisheries:

General Licence 019 2026

or conserving wild birds

General Licence 020 2026

Licensing

NRW issues licences under the Wildlife and Countryside Act for specific purposes, so you can undertake certain activities without breaking the law. We can grant licences for the following purposes:

Scientific and educational
Ringing or marking
Conserving wild animals or wild plants, or introducing them to particular areas
Protecting any zoological or botanical collection
Photography
Public health or public safety
Preventing the spread of disease
Preventing serious damage to crops, property, fisheries etc

We cannot issue licences for the purposes of development under this legislation.

Red and Grey Squirrels

Red squirrel

Red squirrels are rare in Wales. The main populations are on Anglesey, in Clocaenog Forest and in mid-Wales, but there are a few other sites that still have red squirrels. The red squirrel is threatened by the non-native grey squirrel, through disease (the squirrelpox virus) and competition for food.

The Wildlife and Countryside Act 1981 (as amended) gives full protection to red squirrels under Schedule 5.

For Schedule 5 species, the following are offences:

Intentional taking, killing or injuring
Intentionally / recklessly damaging or destroying its place of shelter / protection
Intentionally / recklessly disturbing it whilst occupying its place of shelter / protection
Intentionally / recklessly obstructing access to its place of shelter / protection
Sale, or offering / exposing for sale
Possession

It is also listed on Schedule 6, which prohibits certain methods of capture and killing, which are specified in Section 11. These include using the following:

Any trap or snare, electrical device or poisonous / stupefying substances
Any net
Any automatic or semi-automatic weapon
Any device for illuminating a target / sighting device
Any dazzling device
Any gas or smoke
Any sound recording as a decoy
Any mechanically propelled vehicle

If you are setting traps to catch pest species (such as grey squirrels), or under a licence from Natural Resources Wales, we advise you to read the following guidance notes: Incidental trapping of Schedule 5 and Schedule 6 animals and Wildlife and Countryside Act 1981.

Grey squirrels

Grey squirrels are a species of special concern under the Invasive Alien Species legislation.

It is illegal to:

import
keep
transport
breed
sell or exchange them
release them
allow them to escape into the wild

You must have the landowner’s permission to enter their land to trap grey squirrels.

When trapping and dispatching grey squirrels they must not be caused unnecessary suffering. You must be competent to trap and kill grey squirrels and use lawful and humane methods to trap and dispatch.

Causing unnecessary suffering to any animal can result in a fine or imprisonment.

If you are trapping grey squirrels in an area where red squirrels are present, you must only use live traps. You must not trap red squirrels by mistake.

If you live trap a grey squirrel, you must not release it into the wild unless you first obtain a licence from us. Please email specieslicence@naturalresourceswales.gov.uk directly for advice.

You should also carry out appropriate biosecurity to prevent the spread of disease from grey squirrels to red squirrels.

Sand Lizards

The Sand lizard is protected under the Conservation of Habitats and Species Regulations 2017, known as the ‘Habitats Regulations’, because it has declined throughout Europe in recent decades. This information is focused on Sand lizard licensing in Wales and is not a comprehensive review of the ecology or the law relating to Sand lizards.

Sand lizards can be affected by a range of activities including coastal defences, footpath work, scrub clearance, burning and development.

Legislation

Under the Habitats Regulations, it is an offence if you:

Deliberately capture, injure or kill any wild animal of an EPS
Deliberately take or destroy the eggs of such an animal, or
Damage or destroy a breeding site or resting place of such an animal

Disturbance includes, but is not limited to, any disturbance which is likely:

To impair their ability –
- To survive, to breed or reproduce, or to rear or nurture their young, or
- In the case of animals of a hibernating or migratory species, to hibernate or migrate; or
To affect significantly the local distribution or abundance of the species to which they belong

Defra and the Welsh Government will publish a joint guidance document on the interpretation of offences relating to disturbance, and to damage and destruction of breeding sites and resting places.

There are other offences relating to possession, transport and sale.

Licensing

The purpose of the work meets one of those listed in the Habitats Regulations
That there is no satisfactory alternative
That the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range

Licensing purposes

The Habitats Regulations permits licences to be issued for a specific set of purposes including:

Include preserving public health or public safety or other imperative reasons of over-riding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment
Scientific and educational purposes
Ringing or marking
Conserving wild animals

Scientific or Educational

You will need a licence to take or disturb a sand lizard, or damage or obstruct access to a breeding or resting place, in order to carry out any kind of research or detailed survey.

Conservation

If you would like to undertake management or restoration of dune sites with sand lizards for their own benefit, you will usually need a conservation licence.

When you can apply for a licence

Find out who can apply for a protected species licence

Ecological compliance

You may be asked to submit an ecological compliance audit form if you're proposing a large development scheme, or a scheme that has a higher risk for protected species. These requirements will be a condition of your licence.

Seals

There are two species of seal found around the UK, the Atlantic grey seal, and the harbour (or common) seal. The grey seal is much more common in Wales.

Seals and the law

You cannot kill, injure or take seals.

When you don’t need a licence

It is not considered an offence to take or attempt to take an injured or ill seal for the purposes of tending and releasing it.

When you need a licence

We can grant licences for the following purposes:

scientific or educational purposes
zoological gardens and collections
reduction of population surplus for management purposes
the protection of animal or human health or public safety
protection of flora or fauna within protected areas

Seals and fisheries

Since 1 March 2021 there is no defence of killing or attempting to kill a seal to prevent it causing damage to fisheries as the ‘netsman’s defence’ was removed from legislation.

In situations of potential conflict you must consult with Natural Resources Wales, police wildlife liaison officers and the RSPCA. We will work together with you to decide appropriate courses of action to protect fisheries.

Small Mammals

Small mammals, for the purposes of this page, include voles, shrews, mice, rats, moles, stoats and hedgehogs. Information on licensing for other mammals can be found on the following pages:

Small mammals include insectivores, such as hedgehogs, moles and shrews, and rodents, such as mice and voles. Not all species are protected, and the levels of protection vary between species.

This page cannot cover all aspects of the law or mammal ecology, but is an introduction to show how you can help to protect these species.

UK legislation

Hedgehog, Erinaceus europaeus
Shrews, Soricidae
Water vole, Arvicola amphibious
Eurasian Stoat, Mustela ermine

The water vole is also listed on Schedule 5 of the Act. For more information, see ‘Water vole licensing’.

European legislation

Licensing

NRW issues licences under the Wildlife and Countryside Act for specific purposes, so you can undertake certain activities without breaking the law. We can grant licences for the following purposes:

Scientific and educational
Ringing or marking
Conserving wild animals or wild plants, or introducing them to particular areas
Protecting any zoological or botanical collection
Photography
Public health or public safety
Preventing the spread of disease
Preventing serious damage to crops, property, fisheries etc

We cannot issue licences for the purposes of development under this legislation.

UK protected plants

The Wildlife and Countryside Act 1981 (as amended) makes it illegal to uproot any wild plant, unless you have the permission of the landowner. In addition, more than 100 flowering plants and over 75 lower plants are listed on Schedule 8. These species are either rare or vulnerable to exploitation.

This page cannot cover all aspects of the law or plant ecology, but is an introduction to show how you can help to protect Welsh plants.

For these specially protected plants, it is an offence to:

Intentionally pick, uproot or destroy
Sell, offer or expose for sale

A small number of plants are European Protected Species.

Licensing

Natural Resources Wales issues licences under the Wildlife and Countryside Act for specific purposes, so you can undertake certain activities without breaking the law. We can grant licences for the following purposes:

Scientific and educational
Ringing or marking
Conserving wild animals or wild plants, or introducing them to particular areas
Protecting any zoological or botanical collection
Photography
Public health or public safety
Preventing the spread of disease
Preventing serious damage to crops, property, fisheries etc

We cannot issue licences for the purposes of development under this legislation. If you are proposing to undertake a development that could affect plants, you should make sure that you stay within the law.

Water Voles

Under Section 9 of the Wildlife and Countryside Act 1981(as amended) (W and CA) it is illegal to:

Intentionally kill, injure or take any wild water vole. 9(1)
Possess or control any live or dead wild water vole or any part of, or anything derived from, such an animal. 9(2)
Intentionally or recklessly damage or destroy, any structure or place which any wild water vole uses for shelter or protection. 9(4)(a)
Intentionally or recklessly disturb any such animal while it is occupying a structure or place which it uses for that purpose. 9(4)(b)
Intentionally or recklessly obstruct access to any structure or place which any wild water vole uses for shelter or protection. 9(4)(c)
Sell, offer or expose for sale, or have in possession or transports for the purpose of sale, any live or dead wild water vole, or any part of, or anything derived from, such an animal. 9(5)(a)
Publishes or causes to be published any advertisement likely to be understood as conveying that you buy or sell, or intend to buy or sell, any of those things 9(5)(b)

Exceptions to the above

It is legal to tend a sick or injured water vole with the sole intention of releasing it when no longer disabled, or to kill a seriously disabled water vole that has no reasonable chance of recovering (W and CA 10(3)(a) and (b)).

Penalties

Offences under section 9 of the Wildlife and Countryside Act 1981 (as amended) carry a maximum penalty of imprisonment for up to 6 months or a fine not exceeding level 5 (currently £5,000), or both. In addition, the courts may order the forfeiture of any vehicle or other thing that was used to commit the offence.

Licences

Licences are issued to permit acts that would otherwise be illegal. They must be issued under the purpose for which the proposed activity is being carried out. There are only a limited number of purposes for which licences may be issued in the UK. Within Wales these licences are issued by Natural Resources Wales.

Licensing purposes

Under 16 (3) of the Wildlife and Countryside Act 1981(as amended) Natural Resources Wales are able to issue licences of relevance to water voles for the following purposes:

Scientific or Educational
A licence is required for the purpose of taking or disturbing a water vole or damaging or obstructing access to a breeding or resting place in order to carry out any kind of research or detailed survey
Ringing or marking
To take a water vole for the purpose of ringing or marking. This includes any type of mark, identification method or radio tracking tag
Conservation
Any activity carried out where the primary purpose of that activity is the long term conservation of water vole. This can include management or restoration of water vole sites
Protecting any zoological or botanical collection
Photography
Preserving public health or public safety
This may for instance be the restoration or maintenance of canals or footpaths beside rivers
Preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries. This may relate to damage to the above caused by water voles
Preventing the spread of disease

It is not possible to issue a licence for development under the Wildlife and Countryside Act in a similar way to some of the licences issued under the Habitats Regulations. Licences can be issued for the purpose of preserving public health and public safety e.g. restoration of a canal bank. However, not all developments fit under this heading.

The Wildlife and Countryside Act provides a defence against the above offences where the action is the incidental result of an otherwise lawful operation and could not reasonably be avoided (10(3)(c)).

Development issues and water vole sites

The best advice from Natural Resources Wales is for the developer to consult the Water Vole Mitigation Handbook in all situations. This document replaces those sections in the Water Vole Conservation Handbook that refer to developments and licensing. In particular it should be noted that displacement is now a licensable activity in addition to removal by trapping and the Mitigation Handbook focusses on the techniques used in these practices.

The guidance relates to development projects and other construction activities, including those requiring other environmental permits, such as flood defence consent. It is not intended to be used in relation to routine management or maintenance of watercourses for flood risk management purposes, in order to preserve public health and safety or for conservation management. These activities may be subject to different licensing requirements and the Water Vole Conservation Handbook should be consulted for advice on these.

Use of the incidental result defence

Up to now, displacement and trapping of water voles for development (England and Wales) has been carried out without a licence with the incidental result being used as a form of defence.

A review of the legislation by the Statutory Nature Conservation Organisations has concluded the incidental result defence does not cover displacement and trapping for development and a licence must now be sought.

In Wales this is in the form of a site-specific licence which is required for all displacement and trapping activities and will be issued by Natural Resources Wales.

Guidance

Water vole development guidance

Water vole surveys guidance

Whales, Dolphins, Turtles and Porpoises

Whales, dolphins and porpoises are the largest and most charismatic Welsh mammals. They are air-breathing animals, which are supremely adapted to the marine environment. They give birth, suckle their young, live in social groups, are intelligent and are masters of echolocation.

This page cannot cover all aspects of the law, but it is an introduction to show how you can help to protect cetaceans.

Species Legislation

Cetaceans are protected under the Conservation of Habitats and Species Regulations 2017, known as the ‘Habitats Regulations’.

Under the Habitats Regulations, it is an offence if you:

deliberately capture, injure or kill any wild animal of an EPS,
deliberately disturb wild animals of any such species,
damage or destroy a breeding site or resting place of such an animal

Disturbance includes, but is not limited to, any disturbance which is likely:

to impair their ability –
- to survive, to breed or reproduce, or to rear or nurture their young, or
- in the case of migratory species, to migrate; or
to affect significantly the local distribution or abundance of the species to which they belong

Defra and the Welsh Government will soon be publishing a joint guidance document on the disturbance, damage and destruction of breeding sites and resting places.

There are other offences relating to possession, transport and sale.It is, however, legal for you to tend a stranded cetacean with the intention of returning it to the sea, or to kill a cetacean that cannot recover, as long as the injury was not a result of your unlawful act (Habitat Regulations 44(2); W&CA 10(3)(a)(b)).

Under the Wildlife and Countryside Act 1981(as amended) it is illegal to:

intentionally or recklessly disturb any dolphin or whale 9(4A)
sell, offer or expose for sale any cetacean, 9(5)

Natural Resources Wales (NRW) issues licences under Regulation 55 of the Habitats Regulations to allow you to work within the law. You might need a licence to undertake certain marine developments, for example.

Boat users, both professional and recreational, can avoid breaking the law (and avoid the need for a licence) by following the Sea Wise Code and local marine codes. Refer to ‘Marine European Protected Species Licensing’ and the ‘Sea Wise Code’ for more information.

Other places in Wildlife licences: what you need to know and how to apply

Apply for a protected species licence

You may need a licence to carry out certain activities. Find out how to apply for a protected species licence.

Last updated