Protection of wild birds
For the purposes of Part 1 of the Wildlife and Countryside Act 1981 a 'wild bird' is defined at Section 27 as "any bird of a kind, which is ordinarily resident in, or a visitor to Great Britain in a wild state but does
not include
poultry (Domestic fowl, geese, ducks, guinea-fowl,
pigeons, quail and turkey)
or, except in Sections 5 and 16, any
game bird (i.e. Pheasant, Partridge, Grouse or moor game, Black or heath game or Ptarmigan). The same section also defines both "poultry" and "game bird". You may require the assistance of an expert in order to establish that the bird in question is either "ordinarily resident in" or a" visitor" to Great Britain
<see section 27 WCA 1981>.
A General Licence to kill or take certain birds has been issued by MAFF (now DEFRA).
The licenCe permits the use of cage-traps (or nets or by any other method prohibited by Section 5 of the Wildlife and Countryside Act 1981) or to take, damage or destroy their nests of, or to take or destroy the eggs, of certain pest species.
The pest species which an "authorised person" in all counties of England may take between 1 January and 31 December 2001 are as follows:
- Crow
- Dove Collard
- Gull, Greater Black-backed
- Gull, Lesser Black-backed
- Gull, Herring
- Jackdaw
- Jay
- Magpie
- Pigeon, Feral
- Rook
- Sparrow, House
- Starling
- Wood pigeon
The license also permits shooting of the said species, providing always that the provisions of Section 5 WCA 1981 are complied with.
SECTION 5
Statutory defence; section 5(4)
It is a defence under section 5(4) WCA 1981 to show that the article was set in position for the purpose of killing or taking in the interests of public health, agriculture, or nature conservation any wild animal which could be lawfully taken by those means, and that all reasonable precautions were taken to prevent injury to wild birds.
<see section 5(4) WCA 1981>.
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Prohibited Use of weapons, decoys, vehicles.
Section 5(1) (c) prohibits the use of various forms of weapons either to kill or take wild birds. These include crossbows, night-sights, automatic or semi-automatic weapons and shotguns with wide barrels.
<see Section 5(1) WCA 1981>.
Section 5(1)(d)
prohibits the use of a decoy to kill or take any wild bird, or any sound recording or a live bird or animal which is tethered, secured, blind, maimed or injured.
The use of any vehicle (or aircraft, hovercraft or boat -
<see section 27 WCA 1981> in immediate pursuit of a wild bird; 5(1)(e).
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Causing or Permitting
Knowingly causing or permitting any such act.5 (1)(f).