Thursday, January 17, 2008

General licences 2008

To download your own copy of this licence do to the DEFRA website (link opposite)
General licences are issued to allow certain actions to be carried out that would otherwise be illegal under the legislation, without the need for people to apply for a specific licence.
However, if you plan to act under the authority of a general licence, you must be satisfied that you are acting within the provisions of that general licence and therefore the law. This means that it is your responsibility to read the conditions attached to licence to ensure that your situation is covered, and to comply with the conditions.
General licences are issued for a range of activities, including the sale, exhibition and possession of protected species, the investigation of crimes, the rehabilitation of injured animals and the control of certain species that are, at times, in conflict with people's interests (e.g. air safety, damage to crops and the conservation of other species).

Wildlife and Countryside Act 1981 (as amended)

Licence to kill or take certain birds
to prevent serious damage or disease
Guidance Note: The licence permits authorised persons (commonly landowners
and occupiers – see note j ) to carry out a range of activities against birds of the
species listed. This licence may only be relied upon where the activities are
carried out for the purposes of preventing the spread of disease or preventing
serious damage to livestock, crops, foodstuffs for livestock, crops, vegetables,
fruit, growing timber, fisheries or inland waters. This licence does not permit
action to prevent damage to other forms of property or to prevent nuisance.
Persons relying on this licence must be satisfied that non-lethal methods of
resolving the problem are ineffective or impracticable. Users must comply with
the terms and conditions; Notes are provided as further guidance and advice on
best practice.

LICENCE
1. The purposes for which this licence is granted are preventing the spread of disease and preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, fisheries or inland waters.
2. Subject to the terms and conditions below, and for the purposes set out in paragraph (1) above, this licence permits:

(i) any authorised person to kill or take any of the wild birds listed in this subparagraph, to take,
damage or destroy their nests or to take or destroy their eggs:
Canada Goose - Branta canadensis
Crow - Corvus corone
Dove, Collared - Streptopelia decaocto
Gull, Great Black - backed Larus marinus
Gull, Lesser Black - backed Larus fuscus
Gull, Herring - Larus argentatus
Jackdaw - Corvus monedula
Jay - Garrulus glandarius
Magpie - Pica pica
Pigeon, Feral - Columba livia
Rook - Corvus frugilegus
Woodpigeon - Columba palumbus

(ii) the use of a semi-automatic weapon by authorised persons acting under subparagraph (2)(i)
above;
(iii) the use of a cage trap, the dimensions of which do not satisfy the requirements of section 8(1) of the Act, by authorised persons acting under subparagraph (2)(i) above;

(iv) in relation to the killing or taking of Feral Pigeon (Columba livia) only:
(a) the use of any device for illuminating a target or any sighting device for night shooting, by
authorised persons acting under subparagraph (2)(i) above;
(b) the use of any form of artificial lighting or any mirror or other dazzling device, by authorised
persons acting under subparagraph (2)(i) above;
(v) the use, by authorised persons acting under subparagraph (2)(i) above, of any net, except the use of any net for taking birds in flight or the use for taking birds on the ground of any net which is projected or propelled otherwise than by hand.
3. Failure to act within the purpose of this licence as set out in paragraph 1 or failure to comply with the terms and conditions below may mean that the licence cannot be relied upon and an offence could therefore be committed. The maximum penalty available for an offence under the Act is, at the time of the issue of this licence, a level 5 fine (£5000) and/or a six month custodial sentence.

TERMS AND CONDITIONS

4. Except as specifically permitted under paragraph (2) above, this licence does not authorise the use of any method of killing or taking which is prohibited by section 5 or section 8 of the Act.
5. This licence can only be relied on in circumstances where the authorised person is satisfied that appropriate non-lethal methods of control such as scaring are either ineffective or impracticable.
6. Where any cage trap, including a trap authorised under subparagraph (2)(iii) above is used, then only the bird species listed in this paragraph may be used as decoys. Such decoy birds must be provided with adequate food, water, appropriate shelter and a perch for the entire period during which it is used:

Crow - Corvus corone
Jackdaw - Corvus monedula
Jay - Garrulus glandarius
Magpie - Pica pica
Rook - Corvus frugilegus

7. Any birds killed in accordance with this licence must be killed in a quick and humane manner. Greater Canada Geese held captive prior to being killed must be killed out of sight of the other raptive birds of the same species. (see note g)
8. Where any live animal, other than a bird included in the list at subparagraph (2)(i) above, has become confined in the cage trap it must be released immediately upon discovery. Birds included in the list at subparagraph 2(i) which have become confined in the cage trap and which are to be killed under this licence, must be killed in a quick and humane manner as soon as reasonably practicable after discovery.
9. When in use, every cage trap used pursuant to this licence must be physically inspected at least once every day at intervals of no more than 24 hours except where this is not possible because of severe weather conditions. In such cases, every effort must be made to inspect the cage trap as soon as possible. (see note h)
10. At each inspection any dead animal, including any dead bird, caught in the trap should be removed from it. (see note g)
11. Where a cage trap is not in use, it must be rendered incapable of holding or catching birds or other animals. Any bait, food, water or decoy birds must also be removed. (see note 10)
12. This licence is valid in England, unless previously revoked, for the period from 1 January 2008 to 31 December 2008

Definitions

13. In this licence-
I. “authorised person” has the same meaning as in section 27 of the Act; (see note j )
II. “to kill” includes accidentally to wound whilst attempting to kill in accordance with this licence;
III. “semi-automatic weapon” means any weapon which is not prohibited by section 5 of the
Firearms Act 1968 as amended and which has a magazine capable of holding more than
two rounds of ammunition, where the depression of the trigger ejects a single shot, each
subsequent shot requiring a further depression of the trigger;
IV. “Wild bird” has the same meaning as in section 27 of the Act. (See note l)

Edward Blane
for and on behalf of Natural England
1 January 2008

Wildlife Licensing Unit
Natural England
Burghill Road, Westbury-on-Trym
Bristol BS10 6NJ
T 0845 601 4523 F 0845 601 3438
Email wildlife@naturalengland.org.uk

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