Jays are a protected species in Scotland under the Wildlife and Countryside Act 1981. This means it is illegal to intentionally kill, injure or take jays, or damage or destroy an active nest or egg. There are some exceptions which allow authorised people to carry out certain activities for conservation purposes.
Quick answer
Yes, jays are a protected species in Scotland. The Eurasian jay (Garrulus glandarius) is listed on Schedule 1 of the Wildlife and Countryside Act 1981, which affords it protection from intentional or reckless harassment, killing, injury and nest destruction. There are some licensed exceptions that allow authorised people to carry out certain activities for conservation purposes.
Legal protection status
The Eurasian jay is one of Scotland’s native bird species and has legal protection under the following legislation:
- Wildlife and Countryside Act 1981 – jays are listed on Schedule 1, which makes it illegal to intentionally kill, injure or take jays, or damage or destroy an active nest or egg. There are some exceptions whereby authorised persons can carry out these activities for conservation purposes if licensed.
- Nature Conservation (Scotland) Act 2004 – makes it an offence to recklessly carry out actions which are prohibited for Schedule 1 species under the 1981 Act.
- Wildlife and Natural Environment (Scotland) Act 2011 – increased penalties for wildlife crime involving Schedule 1 species. Illegally killing or injuring a jay could result in a fine of up to £40,000 and/or up to 6 months imprisonment.
Therefore, across Scotland it is illegal for unauthorized persons to:
- Deliberately capture, kill or injure jays
- Intentionally damage or destroy an active jay nest
- Intentionally take or destroy jay eggs
- Recklessly perform these actions and disturb jays in a way that significantly affects local distribution, nesting success or ability to survive, breed or rear young
Exceptions
There are some exceptional circumstances where authorized persons can legally perform actions prohibited under Schedule 1 of the 1981 Act:
- Where a licence has been issued by Scottish Natural Heritage for science, education, conservation or other authorized reasons
- To prevent serious damage to livestock, foodstuffs, crops, fisheries or property
- For bird control at airports to ensure aviation safety
However, these exceptions are closely regulated and monitored, and do not allow landowners or the public to freely kill or remove jays and active nests whenever they choose.
Population and conservation status
The jay has an extensive range across Europe and its European population is estimated at 3.1 to 5.7 million breeding pairs. In the UK, jays have undergone moderate declines since the 1970s but their population is now recovering:
- UK population estimate – 180,000 breeding pairs
- Scotland population estimate – 30,000 breeding pairs
Jays are classified as of ‘Least Concern’ on the IUCN Red List of Threatened Species. However, they receive stricter protection under UK and Scottish law due to historic declines. Maintaining legal protection assists their population recovery and conserves them as part of Scotland’s native biodiversity.
Identification
Jays are medium-sized corvids with striking pinkish-brown plumage and distinctive markings:
- Bright blue and black wing feathers
- Black moustaches and throat
- Blue bar on wings
- Black and white bands on tail
They have strong pinkish-brown legs and a black bill. Juveniles are less brightly colored than adults. Jays are similar in size to a jackdaw or magpie, around 34–39 cm long with a wingspan of 53–58 cm.
Distribution and habitat
Jays are found across most of mainland Scotland and some of the Inner Hebrides islands such as Mull and Skye. Their range extends throughout Europe, Africa and Asia. Within Scotland they occupy various woodland habitats:
- Oak, beech, larch and pine forests
- Parks and gardens with dense trees
- scrubs
Jays prefer broadleaved or mixed woodlands with a dense understory where they forage for food and nest. They are shy birds that will flee if approached.
Behaviour and ecology
Jays are highly intelligent, social birds that exhibit some fascinating behaviours:
- Omnivorous diet – feed on insects, spiders, snails, nuts, seeds, grain, fruit, eggs, young birds and carrion.
- Hoarding food – cache thousands of acorns and nuts every autumn, hiding them across their territory to eat during winter. They have excellent spatial memory and can remember cache sites up to 9 months later.
- Mimicry – able to expertly mimic calls of hawks and other species. Sometimes mimics human speech learned in captivity.
- Nesting – bulky nests high in trees built from twigs and lined with roots. Clutch size around 4-6 eggs.
- Social – often found in small flocks outside breeding season. May roost communally in winter.
Jays are important for seed dispersal in woodlands through their habit of caching and forgetting nuts and acorns. Most oak forests in Europe depend on jays for regeneration.
Threats and mortality
The main threats facing jay populations include:
- Habitat loss – from deforestation and woodland management. Jays rely on mature broadleaved woods.
- Climate change – potential impact on food sources. Jays struggle in prolonged cold winters.
- Predation – eggs and young taken by corvids and mammals. Adults hunted by raptors such as goshawks.
- Persecution – illegal shooting, trapping and nest destruction by some landowners and gamekeepers. Jays can damage gamebird stocks through egg predation.
Other mortality factors are road casualties, disease and severe weather. However, jays have adapted well to gardens and parks and are expanding their range northwards in Scotland as climate warms.
Importance for people
Jays have cultural importance and add enrichment to human lives in various ways:
- Statue erected in the Victorian era in London’s Hyde Park honouring the jay’s beauty and mimicry skills.
- Featured in folklore, literature and idioms e.g. ‘jay’ once meant a foolish chatterer.
- Bright feathers historically used in hat making and fishing lures.
- Lookup UK helps bring spectacular jays close-up into gardens and provides joy.
- Playful nature and acrobatic flying displays delight birdwatchers.
Jays help maintain woodland ecosystems through seed dispersal. As a protected species, they serve as an indicator of environmental health. Strict penalties for disturbance deter wildlife crime.
Future outlook
Several measures can help ensure healthy jay populations in Scotland:
- Protection and appropriate management of broadleaved and mixed woodlands.
- Conservation programs and monitoring of populations.
- Enforcement of legal protection plus education on jays’ value.
- Citizen science projects engaging the public in surveys.
- Backyard bird feeding and planting of fruiting trees/shrubs.
With climate change, jays may shift their range further north and adapt to utilise new habitat and food sources. Ongoing conservation efforts, population monitoring and maintaining legal protection will be vital to ensure jays remain a part of Scotland’s natural heritage.
Summary table
| Scientific name | Garrulus glandarius |
|---|---|
| Conservation status | Least Concern globally, protected legally in UK/Scotland |
| Identification | Pinkish-brown plumage with bright blue/black wing feathers, black ‘moustaches’, blue wing bars, black/white banded tail |
| Key behaviours | Hoarding acorns/nuts, mimicking calls, social, excellent spatial memory |
| Habitat | Broadleaved and mixed woodlands, parks/gardens |
| Threats | Habitat loss, climate change, predation, persecution, severe weather |
| Future outlook | Population increase expected but continued conservation action needed |
Conclusion
The Eurasian jay is a protected species across Scotland under the Wildlife and Countryside Act 1981. This makes it illegal to deliberately or recklessly kill, injure or disturb jays, damage their nests or take their eggs without a license. Jays play an important ecological role in woodlands through seed dispersal and are culturally valued by humans. With climate change, jay populations are expected to increase in Scotland if conservation measures are implemented to safeguard key habitats and food sources. Maintaining legal protection and enforcement against wildlife crime will be key to ensuring jays remain a part of Scotland’s natural heritage long into the future.
