Legislation and dormouse

The dormouse is classified as ‘vulnerable, locally endangered’ (The Red Data Book for British Mammals) because of habitat loss. Consequently it is fully protected under Schedule 5 of the Wildlife and Countryside Act 1981 as amended.

 This makes it an offence to

• intentionally or deliberately disturb, injure or kill a dormouse
• damage or destroy any breeding site or resting place

The Countryside and Rights of Way Act 2000 subsequently added the word ‘recklessly’ to ‘intentionally and deliberately’. The dormouse is also a European protected species and is included in Schedule 2 of the Conservation (Natural Habitats, & c.) (Amendment) Regulations 2007 (the Habitats Regulations). This implements EC Directive 92/43/EEC in the UK. It is listed in Appendix III of the Bern Convention and Annex IVa of the EC Habitats Directive. Furthermore it is a priority species in the UK Biodiversity Action Plan (BAP). A licence is required under this legislation in order to carry out habitat management, if dormouse habitat is to be destroyed for the purposes of development and sometimes for forestry and farming operations.

A licence from Natural England or the National Assembly of Wales is required under the above legislation in order to carry out any works causing the death or disturbance of dormice or a loss of dormouse breeding sites and resting places. Although only the nest itself is required for the actual birth and rearing of the young, the woodland and hedgerows provide the structures necessary for territorial definition and defence which males need as part of their social behaviour in order to secure territories, and thus females, against other males. It also provides locations for courtship and mating. Thus, according to the Habitats Committee (2005), the whole woodland/hedgerow is considered to be the breeding site and resting place of the dormouse as this is essential for the survival of the species.  In situations where work is to take place within a woodland/hedgerow, a licence is required from the appropriate authorities because of the damage to the breeding sites and resting places and/or possible disturbance, injury or death to dormice living there. In order to obtain this, Natural England/ the National Assembly of Wales has to be satisfied that the favourable conservation status of dormice on a particular site will be maintained. This will mean that losses have to be minimised and any deficit made good or, preferably, improved upon.

References

Contribution to the Interpretation of the Strict Protection of Species (Habitats Directive article 12) Report from the Article 12 Working Group under the Habitats Committee. April 2005.

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