"Taking"
of Animals (Wildlife and Countryside Act) |
- The main legislation relating to the general "taking" (removal /
capture) of animals from the wild is the Wildlife
and Countryside Act 1981. This is supported by the Countryside and Rights of Way Act 2000. A wild bird may be taken
by a person for the sole purpose of tending it and then releasing it when it is no longer
disabled. (D31).
- Seals and deer are protected by their own specific legislation against
being taken during their close season and badgers have their own
protective legislation. There are provisions within the Acts for
the "taking" of ill or injured individuals of protected species for the
purposes of treating the animal and returning it to the wild following recovery. (J35.147.w1,
B142.4.w4).
Wildlife
and Countryside Act 1981 (Wildlife and Countryside (Amendment) Act 1991)
"PROHIBITION OF CERTAIN METHODS OF KILLING OR TAKING WILD ANIMALS.
Section 11 of the Wildlife and Countryside Act details various offences relating to
methods of killing or taking wild animals. The Wildlife and Countryside (Amendment) Act
1991 added offences relating to causing or permitting the prohibited methods of
killing or taking wild animals." W5.Jan01
- Animals: There is provision within the legislation of the Wildlife
and Countryside Act 1981 to allow the "taking" of sick, injured or
disabled animals for care and rehabilitation. Section 10 (3)a Wildlife
and Countryside Act 1981 allows the "taking" of an animal listed in
Schedule 5 that needs immediate treatment, but only if the animal can be taken by
hand. (J35.147.w1,
P19.2.w1,
B142.4.w4)
- Animals: Species listed in Schedule 5 of this Act are fully
protected (Section 9(1)) against killing, injuring and "taking" throughout
the year by any means including by hand; they are also protected against disturbance while
in the den, damage, destruction or obstruction of the entrance to the den (J35.147.w1,
B142.4.w4,
B223).
- Animals: Species listed in Schedule 6 of this Act are protected
against certain forms of "taking". It is an offence to use any trap or
snare, any electrical device, or any poison, poisoning or stupefying substance, or any
automatic or semi-automatic weapon, or any device for illuminating for night shooting or
any form of artificial light or mirror or dazzling device, or any gas or smoke or a decoy,
sound recording or mechanically propelled vehicle in pursuit to take or injure a Schedule
6 species without a licence from the Nature Conservancy Council (now English
Nature, Scottish
National Heritage, Countryside
Council for Wales) (for research, education or conservation) or from the Ministry
of Agriculture, Fisheries and Food (because of damage). (J35.147.w1,
B223)
- Animals: If there is need to use a restricted method for trapping an
incapacitated animal, a licence application can be made to the Nature Conservancy
Council (now English
Nature, Scottish
National Heritage, Countryside
Council for Wales). Issuing of such a licence can be done by telephone or fax
in an emergency. (J35.147.w1,
P19.2.w1)
- Birds: Most species of bird (not including those included in
Part II of Schedule 2 of the Act) are protected against "taking". This includes
birds "included in
Part I of Schedule 2 outside the close season for that bird". However
there is provision within the Act for the "taking" of an ill or injured
wild bird solely for the purposes of tending it and releasing it when no longer disabled.
(B223,
D31,
P19.2.w1).
- Birds: Certain methods of "taking" wild birds are
prohibited under the Act. This includes articles which are likely to cause harm, also
nets, bird lime, baited boards and similar items.(B223).
- Birds: The use of vehicles in immediate pursuit of wild birds
is prohibited (B223).
N.B.
- A person "taking" a protected species into care may have to show that there
was just cause for doing so.
- Each decision to take a wild animal into captivity has to be based on a sound
understanding of the biology of the animal.
- Full records should be kept showing where the animal came from, who reported it, why it
was taken into captivity, initial veterinary report and subsequent course of action.
- "Taking" a wildlife casualty into captivity results in a consequent legal
obligation to release the animal when it is no longer disabled.
- (J35.147.w1,
B142.4.w4).
Firearms
Acts 1968 to 1997
The use of dart guns (including rifles, pistols, blowpipes or any other projector
weapon discharging tranquilliser darts) is regulated under the Firearms
Acts 1968 to 1997. Under this legislation ( Section
5(1)(B) of The Firearms Act 1968) these are classified as "prohibited weapons"; acquisition of
such a weapon requires an authority from the Home Office as well as a permit from the
local Chief Constable. Applications are made
to the Home Office, F.8 Division, Room 610, 50 Queen’s Anne’s Gate, London SW1H
9AT; at the same time the person applying should inform the Chief Constable of their local
district that the application has been made. (B156.21.w21,
D64) |
"Taking" of Animals Legislation - Seal
Considerations
(The species-specific sections should be read in association with the general
"Taking of Animals" section above) |
| Seal Considerations |
Halichoerus
grypus - Grey seal, Phoca
vitulina - Common seal. These species are within the family Phocidae.
Conservation
of Seals Act 1970 (as amended):
- Section 9.1(a) of the Act allows disabled seals to be "taken" at any
time for the purposes of tending and release, without a licence.
- This Act requires that a licence is obtained to "take" seals during the close
season for the purposes of scientific research, which would include marking. Licences are
applied for from: The Secretary of State (Home Office in England & Wales, The
Secretary of State for Scotland).
- This Act provides separate close seasons for both species during their pupping periods:
1st September to 31st December for Grey seals in England, Wales and Scotland; 1st June to
31st December for common seals in England and Wales, 1st September to 31 December in
Scotland.
- Various Orders have been made under the Act providing more extensive protection.
(J35.147.w1,
B142.4.w4).
- As of August 2001, the relevant orders are: The Conservation of Seals (England) Order
1999 (LUK18.w1)
and The Conservation of Seals (Common Seals) (Shetland Islands Area) Order 1991 (LUK18.w1).
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"Taking" of Animals Legislation - Deer
Considerations
(The species-specific sections should be read in association with the general
"Taking of Animals" section above) |
| Deer Considerations |
Capreolus
capreolus - Western roe deer, Cervus
elaphus - Red deer, Cervus
nippon - Sika deer, Dama
dama - Fallow deer, Hydropotes
inermis - Chinese water deer, Muntiacus
reevesi - Chinese muntjac. These species are from the family Cervidae.
Deer
Act 1991, Deer
(Scotland) Act 1996
- Section 6(3) of the Deer
Act 1991, as with preceding legislation such as the Deer Act 1963 (section
10(1)), allows the use of nets or traps without a licence in order to catch a deer to
prevent suffering. No exception is laid down under this legislation for the use of
stupefying drugs fired from a dart gun for this purpose.
- These Acts (Deer
Act 1991, Deer
(Scotland) Act 1996) make provision for the "taking" of injured or
diseased deer for the purpose of preventing suffering, including during the close season
and at night.
- In Scotland, the Deer
(Scotland) Act 1996 states (section 25) that: "A person shall not
be guilty of an offence against this Act or any order made under this Act in respect of
any act done for the purpose of preventing suffering by (a) an injured or diseased deer;
or (b) by any deer calf, fawn or kid deprived, or about to be deprived, of its
mother." The use of nets, traps and dart guns are therefore permitted in
Scotland for the purposes of "taking" injured deer to prevent suffering.
(J35.147.w1,
D28,
V.w5)
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"Taking" of Animals Legislation - Stranded Whale and Dolphin Considerations
(The species-specific sections should be read in association with the general
"Taking of Animals" section above) |
| Stranded Whale and Dolphin
Considerations |
Balaenoptera
acutorostrata - Minke Whale, Delphinus
delphis - Common dolphin, Globicephala
melas - Long-finned pilot whale, Grampus
griseus - Risso's dolphin, Lagenorhynchus
acutus - Atlantic white-sided dolphin, Lagenorhynchus
albirostris - White-beaked dolphin, Orcinus
orca - Killer whale, Phocoena
phocoena - Common porpoise, Physeter
macrocephalus - Sperm whale, Stenella
coeruleoalba - Striped dolphin, Tursiops
truncatus - Bottle-nosed dolphin. These species are within the
families Balaenopteridae,
Delphinidae,
Phocoenidae,
Physeteridae.
Countryside
and Rights of Way Act 2000,
- The Countryside and Rights of Way Act 2000 adds "reckless
damage or disturbance" to the offence of intentionally damaging any structure
or place in which a wild animal listed in Schedule 5 of the Wildlife
and Countryside Act 1981 is sheltering, together with a further extension to
protect Schedule 5 cetaceans by the addition of an offence of "intentionally or
recklessly disturbing a cetacean or basking shark in any place".
- (D23)
Statute
Prerogative Regis, 17 Edward II (AD 1324)
- Statute
Prerogative Regis, 17 Edward II (AD 1324) states that although the Crown has
sovereign dominion over the sea around the British Isles, it has no general property in
the fish and marine mammals in it except for cetaceans and sturgeon. These are ‘Royal
Fish’ and belong to the Crown. An exception to this is if they become stranded or
their bodies are washed ashore within the limits of a Manor, such as the Duchy of
Cornwall, in which case title passes to the Lord of the Manor. The chief requirement of
the Royal Prerogative nowadays is that stranded ‘Royal Fish’ are reported to the
Receiver of Wreck who will then pass the information to the Natural History Museum, London
and other relevant bodies. The Receiver of Wreck can be contacted via the local
coastguard.
- In Scotland, "northern bottlenose whales", "long-finned pilot
whales" and "cetaceans less than 7.5 metres (25 feet) long" are not classed
as ‘Royal Fish’.
- In consultation with the Receiver of Wreck, local authorities may deal with the
collection and disposal of carcasses of ‘Royal Fish’.
- For beached cetaceans within the limits of a Manor (e.g. the Duchy of Cornwall), title
passes to the Lord of the Manor.
- In 1990 the UK government instigated a project to co-ordinate the reporting, recording,
post-mortem examination and tissue sampling of marine mammals stranded and incidentally
caught in England and Wales. This was extended to cover Scotland in 1992. The co-ordinator
for these projects should be contacted in the event of an animal stranding. The Natural
History Museum, London has been recording strandings since 1911 and continues to receive
reports through the Receiver of Wreck and Strandings Co-ordinators.
(D23)
Wildlife
and Countryside Act 1981
Protection
of Animals Acts 1911-2000
- Police, coastguards and rescue staff can ensure that a live animal is not harassed, with
recourse to the Protection of Animals Act 1911 (1912 in Scotland) which protects captive
animals from acts of commission and omission which cause suffering, as it is possible that
stranded cetaceans might be considered captive. (D23)
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"Taking" of Animals Legislation - Badger
Considerations
(The species-specific sections should be read in association with the general
"Taking of Animals" section above) |
| Badger Considerations |
Meles
meles - Eurasian badger:
- Badgers are protected under the Protection
of Badgers Act 1992. (previously they had special protection under Badgers
Act 1973, plus amendments in the Wildlife
and Countryside Act 1981 and the Wildlife and Countryside (Amendment) Act 1985).
- N.B. It is illegal to dig for badgers under any circumstances. This
includes digging to rescue orphaned cubs (J35.147.w1)
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):
"Protection
of Badgers Act 1992
- Section 1(1) Unlawfully killing, injuring or taking: It is an offence for any
person to wilfully kill, injure or take a badger or attempt to do so. It is not
an offence for a person to take or attempt to take a badger which had been disabled
otherwise than by his lawful action and is taken or, to be taken solely for the purpose of
tending it. Nor is it an offence to kill or attempt to kill a badger which appears to be
so seriously injured, other than by his own unlawful act, or in such a condition that to
kill it would be an act of mercy."
- Section 2(1)(a) Cruelty It is an offence for any person to cruelly ill-treat
any badger
- Section 2(1)(b) Badger tongs It is an offence for any person to use tongs in the
course of killing, taking or attempting to kill or take a badger
- Section 2(1)(d)
Killing badgers by prohibited means
- It is an offence for any person to kill or take any badger by use of any firearm other
than a shotgun of bore greater than 20 bore
or
a rifle using ammunition of muzzle energy not less than 160 footpounds and bullet
greater than 38 grains
- Section 3 Interfering with a badger sett
It is an offence for any person to
interfere with a badger sett by; damaging a sett or a part thereof; obstructing access to
any entrance of a sett; destroying a sett; causing a dog to enter a sett or disturbing a
badger when it is occupying a sett and intend to do any of these things"
(W5.Jan01)
Wildlife
and Countryside Act 1981
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"Taking" of Animals Legislation - Insectivorous Bat Considerations
(The species-specific sections should be read in association with the general
"Taking of Animals" section above) |
| Insectivorous Bat Considerations |
Bechstein's
bat - Myotis
bechsteinii, Brandt's bat - Myotis
brandtii, Brown long-eared bat - Plecotus
auritus, Daubenton's bat - Myotis
daubentonii, Greater horseshoe bat - Rhinolophus
ferrumequinum, Grey long-eared bat - Plecotus
austriacus, Large mouse-eared bat - Myotis
myotis, Lesser horseshoe bat - Rhinolophus
hipposideros, Noctule - Nyctalus
noctula, Lesser noctule - Nyctalus
leiseri, Nathusius' pipistrelle - Pipistrellus
nathusii, Natterer's bat - Myotis
nattereri, Northern bat - Eptesicus
nilssoni, Particoloured bat - Vespertilio
murinus, Pipistrelle - Pipistrellus
pipistrellus, Serotine - Eptesicus
serotinus, Western barbastelle - Barbastella
barbastellus, Whiskered bat - Myotis
mystacinus The UK bat species are from the families Rhinolophidae,
Vespertilionidae.
Wildlife
and Countryside Act 1981
- 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
- obstruct access by bats to a bat roost
- possess or transport a bat or part of a bat (unless this was acquired legally)
- 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 also 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).
Countryside and Rights of Way Act 2000
|
Keeping
(Holding) of Animals |
| Various Acts relate to the
keeping or holding or animals in captivity. Some legislation relates to the keeping of
certain species, either prohibiting such keeping or requiring a licence if animals of such
species are to be kept. Frequently licences have provisions attached to them. Other
legislation relates to the manner in which animals are kept and provides protection
against cruelty. N.B. It is important when keeping/tending an animal to avoid
taming or anything else which may reduce the animal's chances of survival once released (J35.147.w1).
Members of the Public / Visitors to Rehabilitation
and Rescue Centres:
- Any collection containing non-domesticated animals which is open to the public for more
than seven days a year requires a zoo licence under the Zoo
Licensing Act 1981 (B156.21.w21).
Protection of Wild Animals held in Captivity:
Protection
of Animals Acts 1911-2000
- A wild animal in captivity is protected under the this Act.
- This legislation makes it an offence to treat a captive or domestic
animal cruelly or to cause it "unnecessary suffering". Included within this is
an obligation on the keeper of any animal to provide proper attention and care for that
animal, including the provision of accommodation of a size which allows reasonable
movement and includes facilities for the animal's normal way of life, and provision of
appropriate veterinary attention
(J35.147.w1,
P19.2.w1,
B142.4.w4,
B156.21.w21,
B223)
Wildlife
and Countryside Act 1981
- The 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. Birds under the care of a lay person must be kept in a cage which is sufficiently
large to allow the bird to stretch its wings fully (B156.21.w21,
B223,
D31).
Liability for wild animals kept in captivity:
- Under the Animals
Act 1971 and the Animals
(Scotland) Act 1987 a person who keeps an animal of a non-domestic species
which is liable to cause severe damage is liable for any injury or damage which it causes.
This applies even if there was no negligence on the part of the person keeping the animal.
(B142.4.w4,
B156.21.w21,
B223)
- Nuisance caused by animals in captivity: Animals may, while in captivity, produce
"nuisance" (e.g. noise or smells) which cause disturbance to a neighbourhood and
constitute a nuisance. A court injunction could be obtained requiring that such a nuisance
be remedied. (B142.4.w4,
B223).
Restrictions on the Keeping of certain animals:
The keeping of some species is specifically mentioned within the following
legislation, and specific information on these Acts has been included below this section:
|
Keeping (Holding) of Animals Legislation - Zoo
Licensing Act 1981
(The species-specific sections should be read in association with the general
"Keeping (Holding) of Animals" section above) |
| Zoo
Licensing Act 1981 |
- Any collection containing non-domesticated animals which is open to the public for more
than seven days a year requires a zoo licence under the Zoo
Licensing Act 1981 (B156.21.w21).
- Under EC Regulation 338/97 if any animal included on Annex A of CITES (Convention on
International Trade in Endangered Species) is on display to the public for gain an Article
10 Certificate must be obtained; a zoo may obtain an Article 30 Certificate covering the
display of all Annex A specimens in their collection. (D53).
- Establishments requiring a Zoo Licence must comply with the Secretary
of State's Standards of Modern Zoo Practice which provide detailed guidance
on the requirements for keeping non-domestic species. (V.w6)
- The Hazardous Animals list of the Secretary of State's Standards of Modern Zoo Practice
should also be consulted when considering species-specific information. (V.w6)
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Keeping (Holding) of Animals Legislation - Wildlife
and Countryside Act 1981
(The species-specific sections should be read in association with the general
"Keeping (Holding) of Animals" section above) |
| Wildlife and Countryside Act 1981 |
- 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).
- 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,
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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Keeping (Holding) of Animals Legislation - Protection
of Badgers Act 1992
(The species-specific sections should be read in association with the general
"Keeping (Holding) of Animals" section above) |
| Protection
of Badgers Act 1992 |
- Badgers have additional protection under the The Protection
of Badgers Act 1992: Section 4: It is an offence for any person to sell or
offer for sale or possess or control a live badger. Under this
legislation, as under the Badgers Act 1973 (a piece of legislation which this Act has
superseded), it is a specific offence to "cruelly ill-treat" a badger. Keeping a
badger in a too small or otherwise inappropriate cage could be an offence under this
legislation (J35.147.w1,
W5.Jan01).
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Keeping (Holding) of Animals Legislation - Destructive
Imported Animals Act 1932
(The species-specific sections should be read in association with the general
"Keeping (Holding) of Animals" section above) |
| Destructive
Imported Animals Act 1932 |
Orders of the Destructive
Imported Animals Act 1932:
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Keeping (Holding) of Animals Legislation - Dangerous
Wild Animals Act 1976 (as amended by The Dangerous Wild Animals Act 1976
(Modification) Order 1984)
(The species-specific sections should be read in association with the general
"Keeping (Holding) of Animals" section above) |
| Dangerous
Wild Animals Act 1976 (as amended by The Dangerous Wild Animals Act 1976
(Modification) Order 1984) |
- The full list of species listed under the Dangerous
Wild Animals Act 1976 (as amended by The Dangerous Wild Animals Act 1976
(Modification) Order 1984), is not included the Wildpro "UK
Wildlife: First Aid and Care" module. The legislation should be consulted.
- This Act regulates the circumstances in which certain potentially dangerous species are
kept and thereby both protects the public from harm and promotes the welfare of the
animals concerned.
- The Act requires licensing for the keeping of dangerous/exotic
species listed in the 1984 Order at private premises.
- Some species of animal which are found wild in the UK are listed in the 1984 Order and
are affected by the Act. They include: Felis
silvestris - Wild cat, Sus
scrofa - Wild boar and the Vipera
berus - Common viper (adder).
(B142.4.w4,
B156.21.w21,
J3.102.w11) |
Release
of Animals |
| N.B. There is a
legal requirement to return protected animals to the wild once they are no longer disabled
(B142.4.w4,
J15.20.w3,
P19.2.w1). Abandonment of Animals Act, 1960:
- It is an offence under this Act for a person having control or charge of an animal to,
without reasonable excuse, abandon it permanently or otherwise in circumstances likely to
cause "unnecessary suffering".
- An offence may be committed under Section 1 of this Act if a released
animal does not have a reasonable chance of survival (i.e. a chance similar to its
non-rehabilitated peers).
- This may include release at an unsuitable site, in the wrong territory, unfit, not
having learned to hunt, at the wrong time of year etc.
(J15.20.w3,
J35.147.w1,
W5.Jan01,
B142.4.w4,
B156.21.w21,B223).
Wildlife
and Countryside Act 1981
Section 14
It is an offence under this Act for any person to release or allow to escape into
the wild 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 (see section below on Tyto
alba - Barn owl and Muntiacus
reevesi - Chinese muntjac for specific guidance on release).
It is imperative that the list of species in Schedule 9 is
consulted before any releases are undertaken
(the full text is available in Wildlife
and Countryside Act 1981)
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." (W5.Jan01)
(W5.Jan01,
J15.20.w3,
J35.147.w1,
D31,
B142.4.w4,
B223)
Destructive
Imported Animals Act 1932
Pests Act 1954
- An amendment to the Pests Act 1954 makes it an offence to release a rabbit with
signs of myxomatosis where other rabbits may become infected. (J35.147.w1)
Protection of Animals Acts 1911-2000
N.B. under the Protection
of Animals Acts 1911-2000 it may be an offence to use confined live
vertebrate prey (including fish) to train captive animals to hunt (J35.147.w1).
- "Although the Protection of Animals Acts 1911 to
1964 do not prohibit the feeding of animals with live prey, the live feeding of vertebrate
prey should be avoided save in exceptional circumstances, and then only under veterinary
advice. Where any live prey must be used, its welfare must be considered as well as any
potential injury which might be caused to the predator." (D15
- Secretary of State's Standards of Modern Zoo Practice)
|
"Release"
of Animals Legislation - Muntjak Considerations
(The species-specific sections should be read in association with the general
"Release" section above) |
| Muntjak |
Muntiacus
reevesi - Chinese muntjac Wildlife
and Countryside Act 1981
- 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 Joint Nature Conservation Council (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) |
"Release" of Animals Legislation - Barn
owl Considerations
(The species-specific sections should be read in association with the general
"Release" section above) |
| Barn Owl Considerations |
Tyto
alba - Barn owl Wildlife
and Countryside Act 1981
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
DETR (now Department
for Environment, Food and Rural Affairs (DEFRA)) in order to release captive bred
barn owls. (J15.20.w3,
D53)
|
Marking
of Animals and other Research |
- Follow-up of wildlife casualties after release requires some form of marking. This may
require a licence, depending on the species, the method of marking and what type of
tracking system is to be used.
- If an animal is to be caught in the wild for MARKING (for example after release)
the need for a licence must be considered on the grounds the the animal must first be
"TAKEN". Consult the earlier section on "Taking of
Animals" on this page.
IN ADDITION TO SPECIES SPECIFIC INFORMATION, THE FOLLOWING LEGISLATION SHOULD
BE CONSIDERED:
Wildlife
and Countryside Act 1981
- Species on Schedule 5: a licence is required from the Nature
Conservancy Council (now English
Nature, Scottish
National Heritage, Countryside
Council for Wales) to "take" by any means specifically
"for the purpose" of marking or examining a mark. It may be that a licence would
not be required for e.g. hair clipping or ringing under this act, except that
re-examination of the mark would require a licence, therefore it would be prudent
to apply for a licence before marking a Schedule 5 species. (J35.147.w1).
- Species on Schedule 6: a licence is required for marking if these
species are caught other than by hand, since a licence is required to catch these species
if caught by any form of trap, snare or device (J35.147.w1).
- Licences allowing the "taking" and possession of protected species and the use
of methods of "taking" which would otherwise be prohibited may be issued under Section
16 of the Act for the purposes of ringing and marking. (B223)
- 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)
Animals
(Scientific Procedures) Act 1986
- This Act makes it illegal to carry out experiments or procedures on any vertebrate which
may cause it pain, suffering, distress or lasting harm.
- The Act prohibits actions such as anaesthetising an animal or taking a blood
sample from an animal for research purposes without both a personal licence and a project
licence from the Home Office. (J35.147.w1)
This would be likely to include procedures such as abdominal radio-transmitters and other
invasive forms of marking. (V.w6)
- If an animal is anaesthetised for welfare reasons it could legally be tagged or tattooed
during the recovery period - but a licence would still be required if the animal were of a
species for which a licence was required for marking. (J35.147.w1)
- Extending the period of anaesthesia to allow marking might require a Home Office Licence
- Taking extra blood over and above that needed for diagnosis is a grey area and a Home
Office Licence might be required. The Home Office should be consulted. (J35.147.w1)
Wireless
Telegraphy Act 1949
- This Act may require a Department of Trade and Industry licence for the use of a
radiocollar for post-release monitoring, depending on the waveband and the strength of the
equipment used.
- Use of 173.200 - 173.350 MHz band, with an approved type of equipment and a power output
of less than 1 milliwatt does not require a licence.
- Use of the other waveband available (173.700 - 174.000) or with a power output of
greater than 1 millliwatt does require a licence.
- N.B. It is important to ensure that the correct collar/harness design is
used and preferably the device should drop off after the required period. (J35.147.w1)
|
"Marking"
of Animals and other Research: Legislation - Insectivorous bat
Considerations
(The species-specific sections should be read in association with the general
"Marking of Animals and other Research" section above) |
| Insectivorous bats |
Wildlife
and Countryside Act 1981
- 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).
- Licences for ringing and marking bats, including attachment of transmitters etc. are
granted only for research projects with clear objectives (B168.1.w1).
A specific licence is required for the use of rings (bands) as they may cause damage to
the bat (B168.6.w6).
|
"Marking"
of Animals and other Research: Legislation - Badger
Considerations
(The species-specific sections should be read in association with the general
"Marking of Animals and other Research" section above) |
| Badgers |
Protection
of Badgers Act 1992
- The Badgers Act 1963: included a specific requirement of a licence from
the Nature Conservancy Council (now English
Nature, Scottish
National Heritage, Countryside
Council for Wales) to mark badgers (section 9.1(c)) as well
as to "take" for marking. (J35.147.w1)
- This requirement has been continued under the Protection
of Badgers Act 1992: Section 4: "It is an offence for any person to sell
or offer for sale or possess or control a live badger. Section 5: It is
an offence for any person not authorised by licence to mark or attach a ring/tag/other
device to any badger. NOTE: Researchers can be granted licences to mark
badgers for purposes of study." (W5.Jan01)
|
Killing of
Animals |
| There are prohibitions under various
Acts against the killing of many species of animals and against certain methods of killing
other species. However, the various pieces of legislation usually include exemptions for
the killing of ill or injured animals for the purposes of preventing suffering. Humane
methods must be used in such cases and the damage to the animal must not have resulted
from illegal actions of the person who is killing the animal. It is
important to realise that using smaller-bore weapons than those normally
permitted, even at close range, may make it difficult to kill an animal humanely. There
are legal restrictions on the types of weapons and calibers of firearm which can be used
to kill certain protected species: deer, seals and badgers (J35.147.w1).
The
Wild Mammals (Protection) Act 1996
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
Wild Mammals (Protection) Act 1996 is the principle legislation
protecting wild animals from cruelty, although the provision of the Protection of
Animals Act 1911 (1912 in Scotland), primarily applicable to domestic animals,
also applies to wild animals if they are in captivity. The Wild Mammals (Protection) Act
does not apply to Northern Ireland which has had similar legislation since 1972 (see
Chapter 8). The Act creates one offence:
Section 1: Any person who mutilates, kicks, beats, nails or otherwise impales,
stabs, burns, stones, crushes, drowns, drags or asphyxiates any wild mammal with intent to
inflict "unnecessary suffering" shall be guilty of an offence (W5.Jan01)
- EXCEPTIONS (A person is not guilty of an offence under the Act):
- the attempted killing of any such wild mammal as an act of mercy if he shows that
the mammal had been so disabled, other than by his unlawful act, that there was no
reasonable chance of its recovering;
- the killing in a reasonably swift and humane manner of any such mammal if he shows
it had been injured or taken in the course of either lawful shooting, hunting, coursing or
pest control activity;
- doing anything which is authorised or under any enactment;
- any act made unlawful under section 1 if the act was done by means of any snare,
trap, dog or bird lawfully used for the purpose of killing or taking any wild mammal; or
- the lawful use of any poisonous or noxious substance.
These exceptions place an onus on a person to 'show' good reason for any particular
action which would otherwise be deemed unlawful.
- EXAMPLES (The exceptions mean that it is not an offence under this Act):
- to try and despatch a wild mammal that has been seriously injured in a road
accident; or
- to humanely kill a rat caught in a legal trap or a fox injured by hounds."
(W5.Jan01)
Wildlife
and Countryside Act 1981
Under the Wildlife
and Countryside Act 1981 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 irreversible damage to a limb (e.g. requirement for
amputation), pelvic injuries in a female animal, requirement for sterilisation etc.
(J35.147.w1,
B142.4.w4,
B156.21.w21,
B223,
P19.2.w1).
- N.B. 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).
Conservation
of Seals Act 1970
- Conservation
of Seals Act 1970 Section 9.2 permits the killing of a seriously
disabled seal with no reasonable chance of recovery (despite restrictions set out in
section 1 of the act). (J35.147.w1)
Deer
Act 1991, Deer
(Scotland) Act 1996
- The Deer
Act 1991 specifies minimum caliber of 0.24 inches and sufficient muzzle
velocity to kill a healthy deer. However the use of other firearms to kill sick/injured
deer is permitted. (D28).
The range of firearms which are permitted in this instance are set out in the Act.
- The Deer
(Scotland) Act 1996 grants an exemption (Section 25):
"A person shall not be guilty of an offence against this Act or any order made
under this Act in respect of any act done for the purpose of preventing suffering by
(a) an injured or diseased deer; or
(b) by any deer calf, fawn or kid deprived, or about to be deprived, of its mother."
(W65)
Protection
of Badgers Act 1992
- Protection
of Badgers Act 1992 "Section 2(1)(d) Killing badgers by prohibited means.
It is an offence for any person to kill or "take"any badger by use of any
firearm other than:
- a shotgun of bore greater than 20 bore or
- a rifle using ammunition of muzzle energy not less than 160 footpounds and bullet
greater than 38 grains."
(W5.Jan01)
Firearms
Acts 1968 to 1997
The ownership and use of firearms and ammunition is regulated under Firearms
Acts 1968 to 1997. A permit is required before a “captive bolt”
type of weapon or a bullet-firing weapon (or a shotgun) is obtained. The person wishing to
obtain either of these must apply to the Chief Constable of the district in which he/she
lives for an appropriate Firearms or Shotgun Certificate. (D64)
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