Scottish Government

SEGEN 1

Wildlife and Countryside Act 1981

Licence to Kill or Take Certain Wild Birds for the Purpose of Conserving Wild Birds

(Landmanagers Licence)

Purpose

The aim of this proposed licence is to allow land managers, or people authorised by land managers, to protect stocks and populations of wild birds where those populations are under significant threat, or/and wild birds which are subject to a breeding and rearing programme aimed at increasing or maintaining the local, regional or national population level, or protecting their distribution. A legal condition will be inserted to ensure that this licence may not be used unless there is no other satisfactory solution.

Draft Conditions

1. This licence authorises certain methods to be used to kill, take or confine certain birds which pose an actual threat to wild birds, but always subject to the further conditions of this licence. The methods which may be used, except where further restrictions apply below, are:

• A Larsen cage trap
• A cage trap
• Shooting
• Shooting with a semi-automatic weapon
• Damage or destruction of nests, or the taking and destruction of eggs

2. Birds which may be taken or killed by the above methods for the purpose outlined in paragraph 1 are:

Except where further restrictions apply as outlined below.

Traps

3. Birds other than the species listed in condition 3 should be released unharmed immediately on being found in a Larsen or a Cage Trap.

4. In the case of the Larsen Trap, no bird may be confined in such a trap as a decoy except a bird of the following species:

5. In the case of the Larsen Trap, or other Cage Trap, the trap shall be physically inspected by an authorised person, within each 24 hours, except in the case of severe weather conditions, e.g. as a result of heavy snowfall. Physical inspection means that the operator must be close enough to the trap to see any small birds which may be hiding on the ground.

6. In the case of severe weather every effort must be made to inspect the cage as soon as possible, and a trap should be immobilised as per condition 10 if severe weather conditions are to continue. Traps should also be immobilised if weather conditions are forecast which would make it difficult to inspect the traps.

7. At each inspection of a Larsen Trap or Cage Trap all birds shall be removed from it, except in the case of a bird or birds which is or are being used as the new decoy(s).

8. Any decoy bird kept in any sort of cage trap must be provided with adequate food, water and shelter and a perch for the entire period during which it is used.

9. In the case of a Larsen Trap there must be a separate compartment for the decoy bird, and the decoy bird must be removed from the trap when not in use.

10. When any Cage Trap is not in use it must be immobilised and rendered incapable of use in such a way that the immobilisation could not be reversed without considerable forethought or considerable difficulty. Examples of immobilisation are removal of doors, the use of locks and the closing off of bird entrances with wire clips.

11. All traps shall be numbered, and the operator shall keep a note of the locations of the traps, and each tag shall be marked with a tag that gives the trap number and a telephone number that may be rung in case of birds being found which are injured or in poor condition.

Shooting

12. Artificial light, sighting device, mirrors or other dazzling devices shall not be used except in the case of the following species:

And only where the above species is roosting on or in buildings or other man made structures.

General Conditions

13. Licensees are reminded that nothing in this licence conveys any right of entry upon land. Prior permission should, where necessary, be sought from relevant landowners, before action in accordance with the authorisation in this licence is taken.

14. For the purposes of this licence, the purpose of entry onto land not owned or managed by the authorised person must be made clear to the land owner or land manager.

15. Except in the case of wood pigeon, feral pigeon, crow and magpie, any action which is taken under this licence must be for dealing with a known or reasonably likely problem within a specific area or set of areas.

16. In the case of wood pigeon, feral pigeon, crow and magpie, it is sufficient that these birds are known to be a threat to wild birds within the local area.

17. Any person using this licence must have considered alternative non-lethal methods of control, be convinced that such methods could not work without excessive cost, and be able to explain their reasoning to a police officer if so asked.

18. Any birds killed under the authority of this licence shall be destroyed humanely and as quickly as possible.

19. Nothing in this licence applies to anything done within the confines of a domestic garden.

Definitions

20. In this licence "authorised person" means:

• the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken;
• any person authorised in writing by the local authority for the area within which the action authorised is taken;
• any person authorised in writing by any of the following bodies - Scottish Natural Heritage, a water authority or any other statutory water undertakers, a district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862 or a local Fisheries Regulation Act 1966.

21. "Larsen cage-trap" means a cage-trap which has a closed compartment for confining a live bird as a decoy and a spring activated trap-door which is either top or side mounted.

22. "to kill" includes accidentally to wound, whilst attempting to kill.

23. For the purposes of this licence, "humanely" means killing a bird instantly by a single swift action.

24. "Wild bird" is defined in Section 27 of the Act as "any bird of a species which is ordinarily resident in or is a visitor to any member State or the European territory of any member State in a wild state but does not include poultry or, except in sections 5 and 16 of the Act, any game bird"