Protected species in your garden? Here's what to do...
These critters and creatures are protected by law

No doubt you've spent a lot of time, energy and money making your home an inviting oasis, but have you inadvertently created a haven for a host of critters and creatures? While some common household pests can be easily deterred and removed, others are protected by law, making disturbing or harming them illegal.
From barn owls to grasshoppers, wild deer and pine martens, these protected pests are somewhat untouchable. Click or scroll to learn how to handle them if they infiltrate your home or garden...
Protected species: wild deer

There's something undeniably alluring about wild deer. They have big eyes, tawny brown fur and antlers. Although some species are native to Europe, Asia, North America, South America and northern Africa, many have also been introduced elsewhere.
According to BBC's Countryfile, Britain’s deer population is believed to be at its highest level for 1,000 years and this is having negative impacts on wildlife and crops. They cause 74,000 road traffic accidents a year and carry diseases such as Lyme and TBE (tick-born encephalitis), which are a threat to public health.
Another issue is that deer are beginning to explore new territories. While they tend to live in forests and parkland, they have recently started encroaching on urban environments, including gardens.
How to get rid of wild deer legally

In the UK, wild deer are protected by the Deer Act 1991, which means that landowners can only act during deer close season, which differs between species. Those wanting to cull deer on their land will need a licence.
These rules differ across Europe depending on the species. For example, water deer are protected in France and hunting can result in prosecution, while European fallow deer are considered to be endangered across the continent.
In the US, white-tailed deer are protected year-round in most states, however, where persistent damage occurs, permits may be issued to allow removal. Always check with your state wildlife agency first.
For most homeowners, there will be no need for such drastic measures and generally, deer can be scared off with ease. A sturdy fence is the best way to keep them out, while noise and light deterrents, such as sirens and solar ultrasonic devices, can help frighten them away. There are also deer-repelling plants out there, including lavender, garlic and chives.
Protected species: European pine martens

Curious and playful, the marten is part of the Mustelidae family – carnivoran mammals that include weasels, badgers and otters. They are native to most of Europe and parts of the Middle East, have an excellent sense of sight, smell and hearing, and benefit from light to dark brown fur, with cream or yellow-coloured bibs.
They favour woodland habitats, but they can survive in more open country, too, as long as there are trees for shelter. While populations are considered to be stable across most of Europe, hunting and loss of habitat have led to them being critically endangered in England and Wales.
How to get rid of European pine martens legally

While it's highly unlikely a pine marten will find its way into your garden, if one does then you should leave it alone. That's because they are legally protected in Europe, including the UK and Ireland. This means you can't do anything to harm them or disrupt their breeding habits.
Pine martens can cause problems if they create a den inside a house, usually a roof void. They can sometimes cause structural damage if they need to enlarge an existing gap to gain access to a building. However, it is illegal in Britain to disturb pine martens in their dens or block their access routes. If there's a den in place, then wait until the animals vacate before contacting your local wildlife authority for advice.
It's worth ensuring any gaps and access points are blocked before any animals can set up shop on your property. Special breeding boxes can be installed on nearby trees as an alternative.
Protected species: barn owls

Beautiful and beguiling, barn owls are defined by their heart-shaped faces, speckled feathers and pure white bellies. They can be found in almost every part of the world, in countryside and farmland locations, since they require large areas of open land for hunting. However, they do sometimes encroach on fringe urban areas, which is where issues can arise.
When nesting, barn owls may take up residence in buildings, leaving pellets, faeces and endless feathers in their wake. Like all birds, barn owls can carry a range of parasites that can infect humans and pets, too, including fleas, lice and tapeworms.
How to get rid of barn owls legally

Barn owls are protected in the UK and US, since their numbers have severely decreased in recent years, due to factors including loss of habitat and pesticides. This means humans can't interfere with their nesting spots, eggs or young. Essentially, it's illegal to disturb or remove the bird once it has began nesting.
If you come across a nest on your property, you should always call in a professional to discuss your options. However, the best action is to try to deter them from roosting in the first place. Install bird netting to seal off attractive nesting spots, such as lofts, rafters and voids.
It's also worth noting that other birds, such as hawks, are also protected.
Protected species: wasps

We know what you're thinking; wasps are protected? Well, in European countries like Austria and Germany, they are. But first, let's start with what wasps are. These distinctive yellow and black insects have a poor reputation, but for the most part, they are harmless. They are fantastic pollinators and play an important role in ecosystems, providing us with natural pest control.
Wasps like to set up colonies where it is warm and dry, so common nesting spots include sheds, garages, lofts and basements, where they can gain access through tiny openings. This can lead to swarming nests and if provoked, wasps can become aggressive and sting humans. So, why is it illegal to kill wasps in some parts of Europe?
How to get rid of wasps legally

Germany's Federal Nature Conservation Act prohibits the deliberate disturbance of wasps and other wild animals, like beetles and bumblebees, without reasonable cause. This includes trapping, injuring or destroying them.
In Austria and Germany, the removal or relocation of a nest can't be carried out without reason and a proper permit. According to Euro News, Germans who kill a wasp can be forced to pay between €5,000 (£4.3k/$5.5k) and €50,000 (£43k/$55k) for violating the act. Speak with a professional about your situation and options before taking any action.
To deter them in the first place, consider natural repellents. Scents such as peppermint or a blend of clove, geranium and lemongrass oils are thought to repel wasps. We may even see wasps protected in the UK soon, with climate change causing a rapid decline in their numbers, according to British newspaper The Independent.
Protected species: skunks

Skunks might look adorable, but these small, fluffy mammals have big personalities. They are known for their ability to spray a liquid from their glands when they feel threatened, which has a stubborn and very unpleasant odour. They can be found in both South and North America, including southern Canada and northern Mexico, and depending on the species, their fur varies from black and white to ginger and cream.
They generally live within two miles of water in forested areas and grasslands, but can also infiltrate urban areas. Since they like to burrow, they can damage buildings and cause structural issues. Skunks can also ruin gardens, digging up lawns and flowerbeds in search of food.
How to get rid of skunks legally

So, what can you do if you have a skunk problem? Well, the main thing to note is that striped skunks are not protected by law in most states in America, while spotted skunks (pictured) are fully protected in some states. Since the rules vary depending on geographic location, you'll need to check with your state's wildlife officials before attempting to remove a skunk.
Skunks dislike the smell of citrus fruits, so to deter them, place orange or lemon peels around your yard as a natural repellent. A mixture of castor oil and dish soap, diluted in water, can also be sprayed around boundaries. You can also ensure your yard is free of overgrown bushes and shrubs, where they can hide out, while bright garden lights are also said to keep them at bay.
Protected species: frogs and toads

Frogs and toads are little amphibians that might look similar, but there are some key differences. Frogs tend to have sleek, smooth skin that looks wet, even when they’re not in water. They have long legs and are excellent jumpers. Toads (pictured) on the other hand have bumpy, warty skin, are squat and have short legs.
Both frogs and toads eat bugs and woodlice. Frogs love slugs and snails, while toads favour ants, so they're great for natural pest control. As amphibians, they need water to survive and love moist conditions, so they can usually be found in and around ponds and marshy areas around the world. In fact, they can be found on every continent, except for Antarctica.
During spring, amphibians return to ponds to breed, so can be seen in large numbers at this time. This is where some homeowners panic, but there's really no need to worry about frogs and toads being present in your garden...
How to get rid of frogs and toads legally

Sadly, many frogs and toads are endangered. In fact, according to the IUCN Red List, 41% of all amphibian species are thought to be threatened with extinction. In the UK, USA and Australia, frogs and toads are protected, since their numbers are in decline. Therefore, you cannot do anything to harm or deter them. Instead, you should leave them be.
If you feel a frog or toad needs assistance, move it to another part of the garden that provides cover from predators and extreme weather, such as a compost heap or underneath a shed. Always wear gloves. However, unless one is trapped or in danger, you shouldn't attempt to move it. If you have large numbers during the breeding season, don't panic. They will disperse naturally during the following days and weeks.
Protected species: bats

Thanks to folklore and fantasy stories, bats have gained a bit of a bad reputation. However, these nocturnal flying mammals are fascinating. Contrary to popular belief, bats are not blind. They have small eyes and sensitive vision, which helps them see in pitch-black conditions, with the help of echolocation, or bio sonar.
Essentially, they emit high-frequency sound pulses and listen to the echo to find their way and track down food. There are over 1,400 species in the world and they utilise various habitats throughout the year, for feeding, roosting and travelling. Bats like quiet, dark spaces for sleeping and breeding, so can often find their way into people's attics and outbuildings. This can cause problems if you're hoping to renovate a space that is inhabited by bats.
How to get rid of bats legally

Bats are globally protected since they play an important role in many habitats. In some places, plants depend partly or wholly on bats to pollinate them. All British species are protected by law, since they help control insect populations. Therefore, you cannot take, injure or destroy a wild bat, or intentionally disturb roosting bats.
Bats can also carry rabies viruses called European Bat Lyssaviruses, so you should never approach one. If you discover bats nesting in a property you own, then the roost is protected by law. You must ensure all exit points are not blocked and seek advice from your country’s Statutory Nature Conservation Organisation (SNCO).
While bat roosts are protected, you are not expected to create a habitat for them, so if you don't have an issue and want to avoid one, ensure your eaves and roof tiles are secure, and any small holes in buildings are fixed.
Protected species: possums

Possums are a type of tree-living marsupial and there are 70 different types, which are native to Australia and the Indonesian islands of New Guinea and Sulawesi. They are small and tend to have brown fur and strong, sharp claws and feet, which makes manoeuvring through trees incredibly easy.
Many possums are dependent on tree hollows, where they will set up nests for sleeping, feeding and breeding. This means that they can often be found in gardens. They are timid and will play dead if they feel threatened. They do, however, often transmit diseases, including leptospirosis and tuberculosis, and can make a home underneath decking or in trash cans.
How to get rid of possums legally

Homeowners need not worry too much. Possums are actually fairly handy to have around since they eat ticks, cockroaches, rats and mice. To deter them, ensure you block any holes in porches, decking and sheds and weigh down bin lids to prevent them from entering.
In Australia, possums are protected under the Wildlife Act 1975, so it is illegal to harm, harass or interfere with them. However, common brushtail possums living within buildings and private gardens may be controlled. You are allowed to humanely trap one and release it elsewhere on the same property. Conditions are in place, however, so do your research or approach a professional before taking any action.
Protected species: great crested newts

Much like frogs and toads, great crested newts are amphibians that require a water source to survive. They can grow up to 17cm (6.7in) long and boast a distinctive skin. They are almost black in colour, with spotted flanks and a striking, orange belly. Great crested newts, like toads, have warty skin and males have a long, wavy crest that runs down their bodies during breeding season.
These newts can be found in ponds, but also spend long periods of the year in woodlands, hedgerows and marshes. However, they have exacting pond requirements, so typically don't venture into garden ponds. But, if you're planning on building a house on a site that is home to newts, then you'll need to proceed with caution.
How to get rid of great crested newts legally

Great crested newts are legally protected in both the UK and USA, since their numbers are threatened. Habitat fragmentation, disease and the effects of climate change are all thought to have led to dwindling numbers, so if anything, we need to be encouraging these critters.
If you have a large pond in your garden, then you can encourage great crested newts by ensuring one side gradually slopes up to dry land, enabling young amphibians to leave the water. A ramp covered in chicken wire can help. Since they can be preyed upon by birds, growing plants around the pond helps provide shelter and protection.
In the UK, if you're looking to build where newts are present, on or around the site, then your planning application must include details of any impacts and mitigation. A special ecological survey may be required, so speak with your local council before taking action.
Protected species: badgers

Badgers are short-legged omnivores, with a black-and-white striped face, fluffy tail, black belly and paws. They are fantastic diggers, thanks to their strong claws, and are mainly nocturnal. They live in setts (tunnels that they dig underground) and are native to much of North America and Europe.
Though they can generally be found in the countryside, where prey is in abundance, badgers can find their way into gardens, in search of food. This can lead to damage to lawns and flower beds, but aside from that, these timid creatures pose no real threat to humans.
How to get rid of badgers legally

If you're struggling with badgers digging up your garden and want to do something about it, then it's worth knowing that they are protected in both the UK and the USA. Essentially, it is illegal to harm, disturb or remove a badger. This means you cannot dig to find them or allow your dog to enter a sett. Instead, you need to consider detering them from your garden. Do this by blocking access to whatever is attracting them, such as food sources or shelter.
However, the Badger Trust, the leading voice for badgers in England and Wales, encourages people to make space for these creatures. They're fantastic for the ecosystem since they disperse seeds through their dung and create new habitats for amphibians, plants and small mammals.
Protected species: beetles

Did you know that one in five of all known species on earth is a beetle? In fact, there are thought be to over 400,000 different beetles around the world. They often get a bad rep, but they play a vital role in a healthy planet, so much so that stag and rainbow leaf beetles are protected in the UK and Europe, while in the US, countless species are protected, including the American Burying Beetle.
Beetles are nutrient recyclers and therefore contribute to soil fertility. They are important pollinators, too, and are predators of destructive pests, such as greenflies and snails. Stag beetles (pictured) are the UK's largest and their populations are declining across much of Europe. They can generally be found in woodlands, hedgerows, orchards, parks and gardens, where a lot of dead wood can be found – since this is what they feed on.
How to get rid of beetles legally

Many gardeners might wish to get rid of beetles, but many are entirely harmless and can actually help to make your outside space better. Since stag beetles only feed on dead wood, they pose no threat to living trees or shrubs, so there's really no need to panic if you see them in your garden. Instead, encourage them to thrive and you will reap the rewards, with a healthy and diverse garden.
Encourage stag beetles by retaining old wooden stumps, when trees or woody shrubs die, fall, or are cut down. This provides essential decaying wood for them to eat. Since they are protected, you should not interfere with them. Avoid using pesticides and insecticides in your garden and take care when digging, as they lay their larvae underground.
Protected species: dormice

The dormouse is a tiny and undeniably cute nocturnal rodent, found in Africa, Asia and across Europe. They enjoy long, dormant hibernation periods of six months or longer – hence their name – and generally grow between 6cm (2.4in) and 9cm (3.5in) long. They boast golden-brown fur, big black eyes and long, feathery tails.
Dormice tend to live in woodlands and hedgerows and eat a diet of insects, flowers, seeds and berries. Due to their size, they can accidentally find their way into people's homes, although very rarely, but they pose absolutely no threat.
How to get rid of dormice legally

Sadly, the hazel dormouse is one of Britain's rarest mammals and its population is in serious danger, with numbers estimated to have fallen by 52% since 1995. The loss of ancient woodlands and hedgerows across the UK is playing a role in their decline. They are now protected in the UK, so Brits are encouraged to create environments where they can thrive.
If your property features lots of trees or hedgerows bordering fields, then avoid cutting them too often. If a dormouse stumbles into your barn, home or garage, then you should not attempt to move it yourself. You need a license to handle or move a dormouse. The best thing to do is let it find its own way out, or contact a professional who has the appropriate license.
Protected species: grasshoppers and crickets

Grasshoppers and crickets can be found in sunny, grassy areas, including gardens, throughout the summer months. These distinctive, orthopteran insects have tube-shaped bodies, six long legs and front antennae that are sensitive to touch, smell and, in some species, sound.
As with all insects, they aren't always popular with homeowners and can cause damage to plants, wood and foliage, during the feeding process. When they swarm, they can land in gardens in large numbers, which can lead to severe crop destruction. However, you might not be able to do much about it.
How to get rid of grasshoppers and crickets legally

Grasshoppers and crickets are protected in the UK and Australia, including the common field grasshopper and Roesel's bush-cricket. That's because they are an important food source for birds and reptiles, and their decline could affect entire ecosystems.
Therefore, if you find them in your garden and they aren't causing any issues, leave them be. You can discourage them by protecting plants with mesh screens or a "trap crop" – a border of tall grass that will stop them from being able to reach your harvest. Neem oil is also thought to be an effective natural grasshopper deterent.
For any infestations, we would recommend contacting a professional pest control company, with the correct certifications.
Protected species: squirrels

The grey squirrel is native to North America, but was introduced to the UK in the 19th century. Since then, they have had a disastrous impact on Britain's only native squirrel species, the red squirrel.
Grey squirrels compete with reds for food and also carry a virus known as squirrelpox. Grey squirrels are immune to the disease, but transmit it to red squirrels and to them, it is fatal. As such, grey squirrels are seen as invasive pests.
How to get rid of squirrels legally

Because of this, red squirrels have retreated to wild and remote locations and are now at risk of becoming extinct in England. It is therefore illegal to harm, deter or remove them. If you spot one, you should report the sighting online, as monitoring their locations is vital to their survival.
Grey squirrels, however, are not protected. Their control is legal and doesn't require a license. Live traps are the best way to tackle grey squirrels, but if in doubt, call in the professionals.
In America, Western gray squirrels are now considered endangered and have similar protected status. If one finds its way into your home, then call an expert pest control firm with the right credentials.
Protected species: opossums

No, that's not a misspelling of possums – opossums are members of the marsupial order, Didelphimorphia, and are native to the Americas. There are said to be more than 100 different opossum species. They have pointed snouts, rounded bodies and nearly hairless, prehensile tails.
Generally, they live in forests or swamps that get plenty of rainfall, but they have adapted well to living among humans in open country and urban areas. They will riffle through garbage in search of food, which can lead to damage and destruction to both gardens and property. Though harmless, if they are protecting their young and feel threatened, they could bite.
How to get rid of opossums legally

So, what can you do if you have an opossum problem? Firstly, if you spot opossums in your garden and they're causing no issues, then leave them alone. If they're going through your waste, then ensure you secure bin lids or lock them away so animals can't get to them. Opossums sometimes build dens under homes, in attics or garages, so you'll want to block any openings where they could get inside.
It's worth noting that laws and regulations vary among US states, so if you want to remove an opossum, you'll need to check with your local authorities for options. There will likely be a set season for hunting and trapping them, so be sure to do your research before taking action.
Natural deterrents, such as peppermint oil or cayenne pepper mixed with water can help keep them at bay.
Protected species: snakes

It isn't hard to see why some people simply don't like snakes. With their long, legless bodies, scaly skin and forked tongues, they can be quite an intimidating sight. Around the world, there are countless species, with America home to the likes of the common watersnake and the Northern Pacific rattlesnake, and Australia home to the eastern brown snake and the carpet python, to name a few.
There are a variety of snake habitats around the world, including forests, deserts and woodlands, but since reptiles have no concept of borders, they can find their way into gardens.
How to get rid of snakes legally

If you spot a snake in your garden, then you should keep your distance and wait for it to leave. Snakes generally do this in good time, so there shouldn't be need for interference.
In America, snakes are considered "nongame wildlife" and are therefore protected by law in most states. Unless they are about to cause injury to a person, you cannot do anything to harm or disturb them. Similarly, snakes are protected by law in all states and territories of Australia and may not be killed unless they threaten life.
If you think you have a problem, call a professional and never attempt to deal with the snake yourself, as many species are venomous. You can deter snakes with some key scents, too, including cinnamon, onion, garlic and lime.
Protected species: foxes

Foxes can be found in Europe, parts of Asia, northern Africa and most of North America. This omnivorous mammal is undeniably regal and beautiful, with upright, triangular ears, a pointed snout and a long, bushy tail. For the most part, they are harmless.
However, during mating season, which takes place each January, they can exhibit more adventurous behaviours, as they search for a mate and a den for raising their young. These habits can bring them closer to humans and cause unexpected and expensive issues.
Since they like to dig, they can quickly weaken the foundations of decks, porches and sheds, causing structural damage over time. A family of foxes could also destroy your lawn and flower beds. They can also riffle through rubbish and cause a significant mess. So, what can be done about it?
How to get rid of foxes legally

While not fully protected, foxes are partially protected in the UK and USA. In America, foxes are considered to be “protected furbearers”, or game animals in most states. Most state wildlife agencies allow for the removal of foxes to protect private property, but check your state’s regulations in advance. In the UK, it is illegal to poison foxes and they have limited protection under the Wildlife and Countryside Act 1981. They are protected from abuse and ill-treatment by the Wild Mammals (Protection) Act 1996, too.
The best thing to do is deter foxes. Do so by removing food sources – secure or lock bins away, invest in bird feeders that don’t spill food onto the ground, protect edible crops and promptly clear up any fallen fruits. Fish, blood and bone fertiliser can also attract foxes, so consider switching to a plant-based product.
If a fox has already made its burrow in your garden, wait until the cubs have left the den in late summer, before actioning the above deterrents. You can encourage the mother fox to move her cubs by making noise and walking nearby.
Protected species: raccoons

Cute, playful and just a little bit mischievous, raccoons are nocturnal mammals that live throughout the world, from Asia to North and South America. They can be found in both rural wooded areas and big cities, which means they will eat everything from fruits and seeds to human food scraps.
In fact, raccoons have become problematic scavengers and in cities and towns can often be found rummaging through garbage bins in search of food. Despite being cute, many homeowners in America find them to be problematic pests, since they can cause damage to gardens and structures (when searching for shelter). They can also carry rabies and spread raccoon roundworm, alongside other diseases.
How to get rid of raccoons legally

Despite being a nuisance, raccoons are "protected furbearers" in most US states and there are established seasons in place for hunting and trapping them. Most states have provisions for landowners to control furbearers that are damaging their property, so check with your local authority for information.
Since prevention is better than cure, there are some steps you can take to deter raccoons from your land. For starters, invest in a wildlife-proof trash can, or secure lids with cords, ropes or weights. You can also keep your bins locked away until collection day and avoid feeding pets outside, as any leftovers could attract wild animals.
Finally, never feed raccoons, as this will encourage them to return. You'll also want to ensure any outbuildings are secure, with no openings an animal could squeeze through in search of shelter.
Protected species: moles

Moles are undeniably adorable, but they are also very unusual. These small mammals live mostly underground, in elaborate burrows they create using their powerful forelimbs and large paws. They have velvety fur and inconspicuous eyes and ears, with scientists believing they are both colourblind and near-sighted.
Moles can be found in most parts of North America, Europe and Asia and tend to set up home in fields, woodlands and, to the annoyance of homeowners, gardens. Sadly, moles are often seen as pests, since they can cause damage to lawns, thanks to their above-ground mounds. However, they are great for ecosystems, since they help with soil aeration and feed on other annoying garden pests, like slugs.
How to get rid of moles legally

So, what can you do if you have a mole problem? Well, in Britain, moles are protected from cruelty under the Wild Mammals Protection Act 1996 and, when trapped or caught, the Animal Welfare Act 2006. Only legally approved poisons can be used by trained and licensed professionals. Humane traps are available, but always seek expert advice before doing anything.
In America, moles are unprotected in most states, but it's always best to do your research before acting. Frequent lawn mowing and other noisy activities can help to deter moles, while some say vibrating probes, embedded in lawns, are a good way to keep them at bay.
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