European beavers in Wales will receive full legal protection as a European Protected Species from 4 March 2026. The Beavers (Wales) Order 2026 was made on 2 February by the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, Huw Irranca‑Davies, and applies across Wales.
The Order inserts Eurasian beaver (Castor fiber) into Part 1A (native animals) of Schedule 9 to the Wildlife and Countryside Act 1981 and removes it from Part 1B (animals no longer normally present). It also adds the species to Schedule 2 of the Conservation of Habitats and Species Regulations 2017, aligning Wales with previous changes in England and Scotland, and revokes the 2015 Wales Order that placed beaver only in Part 1B. (gov.wales)
Once in force, the Habitats Regulations make it an offence to deliberately capture, injure, kill or disturb a beaver, and to damage or destroy its breeding sites or resting places. Disturbance includes activity likely to impair survival, breeding or rearing of young, or significantly affect local distribution or abundance. These offences arise under regulation 43 of the 2017 Regulations. (legislation.gov.uk)
Reclassification does not authorise unlicensed releases. Because beaver will sit in Part 1A of Schedule 9, releasing or allowing a beaver to escape into the wild without a licence remains a criminal offence under section 14 of the Wildlife and Countryside Act 1981. DEFRA’s guidance sets out the release prohibition and licensing framework. (gov.uk)
Licensing sits with Natural Resources Wales. Under regulation 55 of the 2017 Regulations, NRW may issue European Protected Species licences for defined purposes, including public health or safety, preventing serious damage to property or fisheries, overriding public interest, conservation, science and education. NRW guidance reflects the three legal tests: permitted purpose, no satisfactory alternative, and maintenance of favourable conservation status. (legislation.gov.uk)
The 2017 Regulations specify that, in Wales, the ‘relevant licensing body’ is the Natural Resources Body for Wales (NRW). Welsh Government statements confirm NRW will continue to require licences for any wild releases and can issue management licences where justified. (legislation.gov.uk)
For developers, utilities and contractors, the effect is operational from 4 March 2026. Works that could affect lodges, burrows, dams or other resting places must be planned around robust survey, avoidance and mitigation, with EPS licences obtained where needed. Planning permission or other consents do not remove the need to avoid offences or to secure an NRW licence where the legal tests are met.
For farmers, fishery managers and infrastructure operators, the licensing purposes allow proportionate interventions where beaver activity risks public safety or serious damage to crops, property or fisheries. Evidence of risk, consideration of alternatives and measures to maintain the local population at favourable conservation status will be central to any case for a licence. (legislation.gov.uk)
Enforcement follows the Habitats Regulations regime. False statements to obtain a licence and breaches of licence conditions are specific offences, and attempts or possession of items for committing species offences are also criminalised. NRW sets out its offence response options, ranging from warnings to prosecution. (legislation.gov.uk)
The policy was trailed on 2 October 2025 when Welsh Ministers confirmed plans to recognise beaver as a native species, extend European Protected Species protection and establish a Wales Beaver Forum to support management and engagement. The written statement also confirmed NRW’s role in licensing any wild releases. (gov.wales)
Context matters for release controls. In 2015, Wales extended Schedule 9 controls by listing beaver in Part 1B (animals no longer normally present), prohibiting release without a licence. The 2026 measure revokes that 2015 Order and reclassifies beaver as native under Part 1A while retaining release restrictions via section 14. (legislation.gov.uk)