The following is an extract from the Forestry Commission Scotland's Guidance Note No. 33, which deals with the Law and Good Practice.

To see the full Guidance Note in .pdf format, click here.

To see a fuller explanation of wildlife legislation, follow this link to the SNH website.

Background to conservation status
The Red Squirrel has been in serious decline in Britain over the last fifty years due to
displacement by the introduced Grey Squirrel. Scotland now holds at least 75% of the UK Red
Squirrel population, ie about 120,000 individuals. Red Squirrel is a priority species under the UK Biodiversity Action Plan. A Scottish strategy for Red Squirrel conservation was published in 2004 (SNH 2004), aiming to conserve viable populations across the current range, whilst recognising that not all the current populations are likely to survive if Grey Squirrels continue to colonise suitable habitat across Scotland. Under the Strategy a number of local volunteer groups have been established and are active in work such as survey and monitoring and local conservation action.

Red Squirrels and the law
Red Squirrels have been protected against intentional acts of damage or disturbance since 1981 under the UK Wildlife and Countryside Act (WACA), Schedule 5. Protection for Red Squirrels and other species was amended by the Nature Conservation (Scotland) Act, 2004 to include both intentional and reckless acts (see FCS guidance note ‘Forest operations and wildlife in Scottish forests’).

Subject to certain exceptions, it is now an offence to ‘intentionally or recklessly:

     • kill, injure or take (capture) a Red Squirrel;
     • damage, destroy or obstruct access to any structure or place which a Red Squirrel         uses for shelter or protection; or to
     • disturb a Red Squirrel while it is occupying a structure or place which it uses for that         purpose.’

Anyone who carries out, or knowingly causes or permits these acts to occur could be
committing an offence.