Wild Birds and the Law

a)

intentionally kill, injure or take any wild bird

b)

intentionally take, damage or destroy the nest of any wild bird while it is in use or being built

c)

intentionally take or destroy the egg of any wild bird

d)

have in one's possession or control any wild bird (dead or alive) or part of a wild bird which has been taken in contravention of the Wildlife and Countryside Act 1981 or the Protection of birds Act 1954

e)

have in one's possession or control an egg or part of an egg which has been taken in contravention of the Act

f)

have in one's possession or control any birds of a species as defined in Schedule 4 of the Act unless registered and ringed in accordance with the registration scheme of the Department of the Environment.

g)

intentionally (or recklessly, in England and Wales only) disturb any wild bird listed on Schedule 1 while it is nest building or is at (or near) a nest with eggs or young; or disturb the dependent young of such a bird.

a)

any live bird unless listed on Schedule 3, Part I if captive-bred and fitted with a close-ring as defined by the regulations and issued by the British Bird Council (BBC) or the International Ornithological Association (IOA); or covered by a General Licence,

b)

the egg of any wild bird (whether or not taken in contravention of the Act).

Documentary evidence must accompany the sale to show that the bird was lawfully removed from the wild or bred in captivity. The seller must keep certain records concerning the sale of the bird, including cause of death, and these must be sent to the DEFRA by 31 December each year.

Birds listed on Schedule 3, Part II may be sold dead at all times.

Those on Schedule 3, Part III may only be sold dead from 1 September until 28 February.

Game birds may only be sold dead during the open season and for a period of up to 10 days immediately after the end of the season.

In addition to the registration requirements for certain birds of prey and other Schedule 4 species, it is illegal to keep any bird (excluding poultry) in a cage or other receptacle which is not of sufficient size to permit the bird to stretch its wings freely. Exceptions to this are if the bird is undergoing veterinary treatment, is in the course of conveyance or is being exhibited; in the latter case the time the bird is so confined should not exceed an total of 72 hours.

a)

is not ordinarily resident in, or a regular visitor to, Great Britain in a wild state,

b)

is listed in Schedule 9.

a)

Sale and competitive exhibition   Birds listed on Schedule 3, Part I may be sold or exhibited competitively provided they have been bred in captivity and ringed in accordance with the regulations. The sale and exhibition of many species are now covered by General Licences.

b)

Control of birds classed as pests.   These were previously listed on Schedule 2, Part II which has now been deleted from the Act. Those species are now afforded full protection under the Wildlife and Countryside Act 1981.

Control of these species is now under General Licences. There will be little practical difference regarding the taking or killing of these species by an authorised person.

c)

Killing of sporting or quasi-sporting birds   Any person may take, kill or injure in attempting to kill a bird listed on Schedule 2, Part I (or on Schedule 1, Part II) provided this is done outside the close season and not in an Area of Special Protection or on Sunday or Christmas Day in Scotland or in a prescribed area in Sunday.

d)

Prevention of serious damage   An authorised person may kill or injure a protected bird (except one on Schedule 1) if they can show that their action was necessary for the purposes of preserving public health or air safety or preventing spread of disease.

For the purpose of preventing seriuos damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, fisheries or inland waters, the killing or injuring of protected birds (except one on Schedule 1) is permitted by authorised persons provided that:

i)	they can show that there is no other satisfactory solution
ii)	if the killing or injuring was foreseeable a licence had been applied for and not determined
iii)	as soon as reasonably practical after the killing or injuring DEFRA or SERAD had been notified

e)

Treatment of injured birds   A person may take a wild bird if they can satisfy the Court that the bird was injured other than by their own hand and that their sole purpose was to tend it and then release it when no longer disabled; or he may kill it if he can prove it was so seriously disabled as to be beyond recovery.

Sick and injured birds listed on Schedule 4 should be registered with the DEFRA immediately or passed to a licensed person who may keep such a bird, under the terms of a General Licence, for up to 15 days without registering it providing the the DEFRA is notified, in writing, within four days of the bird coming into their possession.

f)

Incidental destruction   It is not illegal to destroy a bird, nest or egg if it can be shown that such an action was the incidental result of a lawful operation and could not have been avoided.

g)

Trapping birds   An authorised person may legally use cage-traps or nets to take 'pest species' as defined on the General Licences. They may also be used taking game birds for the pupose of breeding. A net may also be used to take wild ducks at certain decoys.

The Larsen cage-trap has become very popular for trapping corvids, often used as a decoy bird. These are legal providing the decoy birds are given adequate food, water and shelter. All cage-traps, including Larsen traps, must be checked daily and any non-target birds released. When not in use they must be rendered incapable of catching birds.

A licensed person may catch wild birds, normally using nets, to fit rings for scientific monitoring of wild birds.

Scientific or educational

Scientific examination and photography of a Schedule 1 species at its nest

Conserving wild birds

Ringing or marking

Protecting any collection of wild birds

Falconry or aviculture

Preserving public health or air safety

Preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or fisheries

The sale of dead birds or their parts

Killing a gannet for food on the island of Sula Sgeir

Taking a gull's egg for food

Taking a lapwing's egg for food before 15 April

The public exhibition or competition of birds not listed on Schedule 3, Part I