Policy paper

Protection and management of beavers in England

Published 2 September 2022

This was published under the 2019 to 2022 Johnson Conservative government

Applies to England

From 1 October 2022 Eurasian beavers will be further protected under the Conservation of Habitats and Species Regulations 2017. This change means that Eurasian beavers will be a European protected species in England.

Beaver activities

Beavers can:

• improve water quality
• reduce the risk of flooding and drought
• increase biodiversity
• create more resilient landscapes to reduce the impact of climate change

They also dig burrows and channels into banks of waterbodies (for example, a lake, river or stream), fell trees and build lodges and dams, which may cause:

• flooding to adjacent land
• injury to livestock
• damage to crops, property or machinery

Managing beaver activity

Beavers may need to be managed to address issues that could result from their activity and affect:

• people
• land management, such as farming
• the environment

A 5-step approach to beaver management should be followed:

1. Engaging with beaver management groups established around wild-living populations, Natural England and other expert organisations to learn about the potential benefits of beavers and approaches to manage or minimise challenges.

2. Making space for beavers to avoid the need for further actions, such as leaving space around a waterway for beavers to use.

3. Taking proactive lawful mitigation and management actions that do not need a licence such as installing tree guards to protect trees or removing a dam that is less than two weeks old.

4. Lower-impact licensed actions, such as reducing dam height or removing an established dam outside the breeding season.

5. Higher-impact licensed actions that only a specially trained and licensed person can carry out, such as modifying or removing a dam during the breeding season, beaver capture and translocation, or lethal control. Lethal control should only be considered as a last resort.

When managing beavers, you should move through the steps in order, only moving onto the next step once the option of the previous step has been fully considered.

Guidance on beaver management

Natural England provide guidance on managing beavers to minimise the negative effects on people and the environment.

Licensed beaver management actions

You need a licence to carry out certain management activities. Find out when you need a licence to manage beavers.

Actions in, or close to, a watercourse or risk management structure may need a permit from the appropriate risk management authority.

More guidance is available on permissions you may require to do work in or around a watercourse.

Legislation protecting beavers and the environment

These are some of the laws protecting beavers and the habitats they live in and share with other species.

Conservation of Habitats and Species Regulations 2017 (the ‘Habitats Regulations’)

This legislation lists beavers as a European protected species. This means it is an offence to:

• deliberately disturb a beaver - this includes any action likely to impair their ability to survive, breed or rear their young
• deliberately injure, capture or kill a beaver
• damage or destroy the breeding site or resting place of a beaver

It is also an offence to:

• possess, control or transport a beaver
• sell or exchange a beaver
• offer a beaver for sale or exchange

This applies whether the beaver is alive or dead and includes beaver parts and derivatives.

Wildlife and Countryside Act 1981

Prohibits the release of beavers into the wild except with a licence.

It also makes it an offence to use any trap or snare for the purpose of killing, taking or restraining beavers. It is also an offence to set a trap or snare in place to cause injury to a beaver.

Some management activities near or in a site of special scientific interest may need permission from Natural England under this legislation.

The Animal Welfare Act 2006

Protects beavers from ‘unnecessary suffering’ while they are ‘under the control of man’ or not living in a wild state.

The Wild Mammals (Protection) Act 1996

Protects wild beavers from cruel treatment. This includes protection from acts such as mutilation, beating, impaling or drowning.

Environmental Permitting Regulations 2016 and Land Drainage Act 1991

Some activities near rivers and flood risk management structures may require permission from environmental regulators, for example installing a screen on a culvert.

Risk management authorities (RMA) regulate activities in rivers, in riparian zones, on floodplains and near and on flood risk management structures.

Permits and consents for activities in these areas are independent of planning permission. The type of permit or consent will depend on the type of activity and whether it is on main river or an ordinary watercourse.

Salmon and Freshwater Fisheries Act 1975

Protects salmon and migratory trout migration routes from obstructions. This only applies to human-made structures and not beaver dams. This legislation would be relevant, for example, if the installation of a grille to manage beaver activity caused an obstruction to fish migration. In this instance, solutions allowing fish to pass the structure would be required. The legislation also protects against disturbance of spawning grounds.