WILD BIRDS AND THE LAW: SCOTLAND - RSPB

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i) the need to kill or injure was foreseeable and no licence to kill or injure had been applied for and ii) the authorised person is unable to show that there was no available satisfactory alternative to killing,taking, etc. iii) SGRPID was not notified of the action as soon as reasonably practical after it took place. In practice, this is only intended to deal with one-off emergency situations. • Treatment of injured birds A person may take an injured wild bird if they could satisfy a court that the bird was injured other than by their own hand and that their sole purpose was to tend it and then release it when no longer disabled. It is also legal to kill an injured bird if it can be shown that it was so seriously disabled as to be beyond recovery. Sick and injured birds listed in Schedule 4 (see page 20) should be registered with the Scottish Executive (via DEFRA) immediately or passed to a licensed person who may keep such a bird, under the terms of an Open General Licence (see page 33). • Incidental killing, etc It is not illegal to kill or injure a bird or destroy a nest or egg if it can be shown that this was the incidental result of a lawful activity and could not reasonably have been avoided and that all reasonable steps were taken to avoid the killing, in jury etc, or that the consequential killing, injury etc, could not reasonably have been foreseen. • Trapping birds The current General Licences (see page 33) allow an authorised person to use cage-traps to take ‘pest species’ as defined in the licences. The Larsen cage-trap has become very popular for trapping certain crow species for this purpose, often using a decoy bird. These are legal providing the decoy birds are given adequate food, water and shelter. All cage traps, including Larsen traps, must be checked daily and any non-target birds released. When not in use, they must be rendered incapable of catching birds. All cage traps must carry an identification tag issued by the police. Certain trained individuals are licensed to catch wild birds, normally using nets, to fit leg rings for scientific monitoring of wild bird migration. Licences Licences – either general or specific (see 33 for a summary of current general licences) – may be granted by one of a number of authorities to permit an otherwise illegal act. They may be granted to take, kill or disturb birds, for the following purposes (the relevant licensing authority is given in parentheses): 13
• scientific or educational (SNH) • ringing or marking (SNH but regulation of the ringing scheme is devolved to the British Trust for Ornithology who operate throughout Great Britain) • conserving wild birds (SGRPID and/or SNH) • protecting any collection of wild birds (SGRPID) • falconry or aviculture (SGRPID) • preserving public health or air safety (SGRPID) • preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or fisheries (SGRPID) • killing a gannet for food on the island of Sula Sgeir (SGRPID) • taking a gull’s egg for food (SGRPID). Licences may also be granted for: taking of these species from the wild. All species listed in Schedule 4 of the Act must be registered and ringed if kept in captivity. Provision is made in the Act for inspection of premises and registered birds by police or by designated Wildlife Inspectors. Full details of registration requirements may be obtained from the Scottish Government, but please note that administration of the Schedule 4 Register is carried out for Great Britain as a whole by DEFRA (see page 20). This area of the law is under review so readers should check with Defra for the current situation. Areas of Special Protection (ASPs) The Secretary of State may establish Areas of Special Protection to which access may be restricted. In these areas, all wild birds and eggs are protected at all times and may also be given protection against intentional or reckless disturbance. (see page 38). • the sale of dead birds or their parts (SGRPID) • scientific examination and photography of a Schedule 1 species at its nest (SNH) • the public exhibition or competition of birds not listed in Schedule 3 Part I (SGRPID). Registration of captive birds The main aim of registration is to monitor certain rare species kept in captivity to try to prevent the unlawful Wigeon 14
Page 1 and 2: WILD BIRDS AND THE LAW: SCOTLAND A
Page 3 and 4: Import and export This booklet does
Page 5 and 6: Introduction The essential basis of
Page 7 and 8: Definitions The following list give
Page 9 and 10: • Licence: issued by one of a num
Page 11 and 12: • covered by a General Licence (s
Page 13: Deliberate release of species into
Page 17 and 18: What to do if you see an offence be
Page 19 and 20: The Schedules Any species not menti
Page 21 and 22: Schedule 3 Part II. Birds that may
Page 23 and 24: ullfinch bunting, cirl bunting, cor
Page 25 and 26: firecrest flycatcher, all species f
Page 27 and 28: gull, great black-backed gull, herr
Page 29 and 30: oriole, golden osprey ouzel, ring o
Page 31 and 32: edstart, black redwing robin rook r
Page 33 and 34: thrush, mistle thrush, song tit, be
Page 35 and 36: Guide to General Licences issued un
Page 37 and 38: Permitted methods include shooting
Page 39 and 40: Plants and animals subject to CITES
Page 41 and 42: Questions frequently asked about bi
Page 43 and 44: Q A Q A Q A What can I do about you
Page 45 and 46: If you require assistance in the in

WILD BIRDS AND THE LAW: SCOTLAND - RSPB

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