There are certain general and specific legal duties that apply to everyone who owns a non-native pet. 

The Wildlife and Countryside Act 1981 (the WCA)

England and Wales

It is an offence under Section 14(1) of the WCA to release, or allow the escape, into the wild of any animal that is:

• not ordinarily resident in Great Britain
• not a regular visitor to Great Britain in the wild
• included on Schedule 9.

There are additional restrictions on importing and keeping certain types of non-native freshwater fish and crayfish under the Import of Live Fish (England and Wales) Act 1980. See: introduce or keep non-native fish, lobsters and crayfish - GOV.UK.

Scotland

In Scotland it is an offence under Section 14 of the WCA to:

• release, or allow to escape from captivity, any animal to a location outwith that animal’s native range
• cause an animal that is not in the control of any person to be at a location outwith its native range.

Also, it is an offence under section 14A of the WCA to sell any of the animals listed in the schedule of the Wildlife and Countryside Act 1981 (Prohibition on Sale etc. of Invasive Animal and Plant Species) (Scotland) Order 2019. 

There are additional restrictions on importing and keeping certain types of non-native freshwater fish, crayfish, mammals and birds under the Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012. The list of prohibited species was updated in 2012 and 2019. 

The Invasive Alien Species (Enforcement and Permitting) Order 2019 (“the Order”)

England and Wales

It is an offence under the Order to import, keep, breed, transport, sell, use or release, or release into the environment any invasive alien ‘species of special concern’.

These are species whose adverse impact across Great Britain are such that concerted action is required. If you kept one of these animals as a pet in the UK before the date it was listed as a species of special concern, you can continue to keep it for the rest of its life as long as all the following apply:

• you keep it as a pet and not for any business reason
• you keep it in a ‘contained holding’ that it cannot escape from, for example, a cage or aquarium
• you do not let it breed
• you do not sell or exchange it

These rules apply to any live animals and any part that might reproduce, such as eggs that will hatch. You must not release, or allow your pet to escape, into the wild. You may be prosecuted if you do this.

Further advice about the date species of special concern were listed and keeping a species of special concern as a pet (for example; preventing your pet from breeding, transporting your pet for pet boarding or to a vet, or rehoming a pet) is available at: Invasive non-native (alien) animal species: rules in England and Wales - GOV.UK. If you are unsure about the rules for your animal, you can contact the Non-native Species Inspectorate.

Scotland

Scotland has its own list of species of special concern under the retained EU Invasive Alien Species Regulation; currently this is identical to the list of species of special concern in England and Wales. The above guidance for England and Wales on keeping a species of special concern as a pet is applicable to Scotland. If you acquired the animal as a pet after it was listed without realising this is an offence, you must contact NatureScot for guidance.

Further information on INNS which is relevant to pet owners in Scotland can be found in the Code of Practice on Non-Native Species. The Code sets out guidance on how you should act responsibly within the law to ensure that non-native animals under your ownership do not cause harm to our environment.