| Brief
Overview / Significance |
- The Wildlife and Countryside Act 1981 implements the Wild Birds Directive (79/409/EEC see:
Website Ref - W19 - Europa - The European Union
On-line).
- The Wildlife and Countryside Act 1981 is one of the major pieces of legislation under
which UK wildlife is protected.
- The Act gives broad protection to all wild birds, except for exceptions as set out
within the Act, and also gives varying degrees of protection to other species of animals
and plants. Certain species of birds are given special protection.
- Schedules to the Act list species for which particular sections of the Act are
applicable.
- Schedule 1: Birds protected by special
penalties.
- Part I - Birds protected by special penalties at all times
- Part II - Birds and their eggs protected by special penalties during the
close season, 1 February to 31 August (21 February to 31 August below high water mark) but
which may be killed or taken at other times.
- Schedule 2: Birds which may be killed or
taken outside the close season, 1 February to 31 August except where indicated otherwise.
- Part I (NOTE: The close season for ducks and geese when below high
water mark is 21 February to 31 August);
- Part II Birds which may be killed or taken by authorised persons: This
section has been replaced by General Licences with the same effect.
- Schedule 3: Birds which may be sold alive at
all times if ringed and bred in captivity.
- Part I (NB: Certain birds on Schedule 4 may also be sold under
licence provided they are registered with the DETR);
- Part II Birds which may be sold dead at all times;
- Part III Birds which may be sold dead from 1 September to 28 February (NB:
It is illegal to offer for sale at any time of the year any wild goose, moorhen, gadwall
or goldeneye, although they are legitimate quarry species outside the close season).
- Schedule 4: Birds which must be registered
and ringed if kept in captivity. Any bird, one of whose parents or other lineal
ancestor was a bird of a kind specified in the above list.
- Schedule 5: Protected animals. (Note:
Where a species is annotated with * protection is only afforded against the actions
referred to.)
- Schedule 6: Animals which may not be
killed or taken by certain methods
- Schedule 8: Protected plants.
- Schedule 9: Animals and plants to which
Section 14 applies (ie. may not be released into or grown in the wild)
- Part I : birds and other animals;
- Part 2: plants
- Under the Act the killing of most birds and some other animals is prohibited.
Nevertheless if an animal is seriously injured or otherwise incapacitated a decision must
be made whether to kill an animal on humanitarian grounds. (J35.147.w1)
- There is provision within the law for a person to kill an otherwise protected species if
it is not likely to recover from its injuries, as long as the animal's injuries were not
the consequence of the illegal action of that person.
- In all cases it is important to ensure that the animal is killed humanely and quickly.
- Reasons for killing may include e.g.: required limb amputation, pelvic injuries in a
female animal, requirement for sterilisation (J35.147.w1).
- (J35.147.w1, B142.4.w4, B156.21.w21,
B223, P19.2.w1).
- N.B. (1) The list of items (Wildlife
and Countryside Act 1981 section 11.2(a)-(e)) which may not be
used to kill Schedule 5 and Schedule 6 species holds
true for mercy killing: they may not be used for killing injured animals (J35.147.w1).
- The Act includes provision for otherwise prohibited activities (e.g. taking from the
wild, or killing, wild animals) when undertaken for the prevention of suffering, i.e. for
casualty animals being "taken" for treatment or euthanased due to severe
injuries.
- The Act (Section 14) also prohibits the release of any animal which (a) "is of a
kind which is not ordinarily resident in and is not a regular visitor to Great Britain in
a wild state; or (b) is included in Part I of Schedule 9".
However,
no offence is committed if the person can show that:
- he took all reasonable steps and exercised due diligence to avoid committing the
offence; or
- a licence has been issued under section 16 of the Act and all the conditions have been
complied with."
- The muntjac deer (Muntiacus
reevesi - Chinese muntjac) was added to Schedule 9 in The Wildlife
and Countryside Act 1981 (Variation of Schedule 9) Order 1997. Licences may be issued
for the release of muntjac within the 12 "Core counties" defined by JNCC (Bedfordshire, Berkshire, Buckinghamshire,
Cambridgeshire, Essex, Hertfordshire, Leicestershire, Norfolk, Northamptonshire,
Oxfordshire, Suffolk and Warwickshire). Licences are normally valid for a period of two
years and a condition of the licence is that the individual muntjac are released within
1km of their point of origin. Additionally, the licence holder is required to complete a
six-monthly return detailing muntjac which have been passed through the facilities. Licences
may be applied for from Department for
Environment, Food and Rural Affairs (DEFRA) by writing to:
Dr Andrew
Wakeham-Dawson,
Licensing under the Wildlife and Countryside Act 1981 Section 14
Biotechnology Safety Unit, Chemicals and Biotechnology Division
Department for Environment, Food and Rural
Affairs (DEFRA)
Floor 3 / H11
Ashdown House
123 Victoria Street
London
SW1 6DE
(V.w29)
- The following information is quoted from the section on Wildlife Crime in the website
of the Department of the Environment, Transport and the Regions (W5.Jan01):
- "The Barn owl has now been included in Part I of Schedule 9 to the
WCA [Wildlife and Countryside Act 1981 ] and section 14(1)(b) of the Act applies.
Subject to the provisions of this part if any person releases or allows to escape into
the wild any animal which is included in Part I of Schedule 9 he shall be
guilty of an offence. Barn owls, however, can still be released as long as a licence
under section 16 has been issued authorising a person to do so. This licence is
obtainable from the DETR.
- The Barn owl is also a species of bird that is included in Schedule 1 and is,
therefore, protected by a special penalty."
A general licence (DETR general licence number WLF 100100, which came into force 7th
January 1997) allows the release of wild barn owls which have been taken into care
temporarily for the purposes of rehabilitation. A special licence must be obtained from Wildlife
and Countryside Directorate, Department of the Environment, Transport and the Regions
(DETR) (now Department for
Environment, Food and Rural Affairs (DEFRA)) in order to release captive bred barn
owls. (J15.20.w3, D53)
- Section 9 makes it an offence to intentionally kill, injure or take any animal listed in
Schedule 5.
- Section11 imposes restrictions on the use of certain methods of killing or taking wild
animals.
(J35.147.w1, J15.20.w3, B156.21.w21,
B223, P19.2.w10,
D31, B142.4.w4,
W5.Jan01)
- Bats (Horseshoe) and Bats (Typical) are included on both Schedule 5 and Schedule
6 of the Wildlife and Countryside Act 1981 . (W5.Jan01). Under this legislation the
killing, injury or "taking" (capture) of bats is prohibited. It is also
prohibited to deliberately disturb bats, whether or not they are in a roost, damage or
destroy a bat roost or obstruct access by bats to a bat roost, to possess or transport a
bat or part of a bat (unless this was acquired legally) and to sell, barter or exchange
bats or parts of bats (B168.1.w1).
- A licence from the relevant Statutory Nature Conservation Organisation (English Nature, Scottish National Heritage, Countryside Council for Wales, Environment and Heritage Service
(Northern Ireland) is required for catching and handling bats, ringing and marking etc. A
licence is required if a known bat roost (including a bat box which is or has been used by
bats) is to be entered.
(B168.1.w1).
- The Wildlife and Countryside Act 1981 makes it an offence (Section 9(2)) for a
person to have in their possession or control any live or dead Schedule 5 animal.
If such an animal is being kept it must be proved that it was permitted to take it from
the wild, e.g. as a casualty animal which is being cared for (B142.4.w4, B223).
- Wildlife and Countryside Act 1981 Section 8 makes it an offence
to keep any bird in a cage or other receptacle which is not large enough to allow it to
stretch its wings freely in all directions. Exemptions are made for
poultry and for birds during transportation, while being exhibited (for a maximum
aggregate of 72 hours) and while a bird is undergoing examination or treatment by a
veterinary surgeon.(B156.21.w21, D31).
- Licences for ringing or marking may be applied for from English Nature, Scottish National Heritage, Countryside Council for Wales. (D31)
- In Britain bird ringing must be undertaken by someone with a BTO (British Trust for Ornithology) ringing
licence. (B118.20.w20)
- All birds listed on Schedule 4 of the Wildlife and Countryside Act 1981
and being held in captivity, including sick and injured birds being held for the purpose
of rehabilitation, must be registered with the Department of the Environment, Transport
and the Regions (DETR) (now Department for
Environment, Food and Rural Affairs (DEFRA)), under the Wildlife and
Countryside (Registration and Ringing of Certain Captive Birds) Regulations 1982.
Birds of prey and some other species must also be ringed with a uniquely numbered band
supplied by the DETR (now Department for
Environment, Food and Rural Affairs (DEFRA)). (W5.Jan01, B223,
P19.2.w1, D31).
- Sick and injured birds listed on Schedule 4 of the Wildlife and Countryside
Act 1981 and being held in captivity, even for the purpose of rehabilitation, must be
registered with the Department of the Environment, Transport and the Regions
(DETR) (now Department for Environment,
Food and Rural Affairs (DEFRA)) P19.2.w1,
D31.
- There is a General Licence (presently valid in England for the
period from 1 January 2000 to 31 December 2001) allowing Veterinary Surgeons
and Veterinary Practitioners to hold a Schedule 4 bird under their
care for up to 6 weeks without a licence and without the bird being registered with the
Department of the Environment, Transport and the Regions (DETR) (now Department for Environment, Food and Rural Affairs
(DEFRA)), so long as records are kept of each bird kept and the bird is receiving
professional veterinary treatment.
- The "Licensed Rehabilitation Keeper" status under which certain persons
were able to keep Schedule 4 bird species for up to six weeks without registering
the bird is no longer applicable.
- However, there is a General Licence, presently valid from 1
January 2001 to 31 December 2001, which allows certain people to keep a
disabled wild-bred Schedule 4 bird "solely for the purpose of tending
it and releasing it when no longer disabled.... for the period of 15 days commencing with
the day on which the licensed person takes into his possession or control the disabled
wild-bred Schedule 4 bird". The terms and conditions include a requirement for the
licensed person, to notify the Secretary of State for the Environment (DETR) (now Department for Environment, Food and Rural Affairs
(DEFRA)) within four days, and to keep records.
- It is necessary for anyone not covered by either of the two General Licences mentioned
above who is keeping a bird listed on Schedule 4 to inform the Department of the
Environment, Transport and the Regions (DETR) (now Department for Environment, Food and Rural Affairs
(DEFRA)), and be given a temporary licence to keep the bird. A cable tie will be
issued to be fitted to the bird for temporary identification and the situation reviewed
after six weeks. There is a fee for issuing a licence. (W5.Jan01)
- Schedule 4 raptors which, due to permanent disability, cannot be released, have
to be ringed with a numbered cable tie. Additionally, if used for breeding and display a
microchip transponder must be implanted (J15.20.w3).
- If a registered Schedule 4 bird is moved to a new address, sold or otherwise disposed
of, dies, escapes into the wild, is released into the wild or is exported, DOE (now Department for Environment, Food and Rural Affairs
(DEFRA)) must be notified. If the bird is transferred to a new owner, or if a ring is
removed, lost or becomes unreadable, the bird must be re-registered (B223).
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