In England, Wales and Scotland under the Wildlife and Countryside Act 1981, Section 5, and in Northern Ireland under the Wildlife (Northern Ireland) Order 1985 Section 6, it is illegal to:
- Set in position any trap which is calculated (England, Wales and NIRE) or likely (Scotland) to cause bodily injury to any wild bird coming into contact with it.
- Use as a decoy, for the purpose of killing or taking any wild
bird, any sound recording or any live bird or animal which is
tethered, or secured by means of braces or other similar
appliances, or is blind, maimed or injured.
Under Section 8 (1) of the Wildlife and Countryside Act 1981 and Section 9 (1) of the Wildlife (Northern Ireland) Order 1985, it is an offence, liable to a special penalty, to keep or confine any bird in any cage or receptacle which is not sufficient in height, length or breadth to permit the bird to stretch its wings freely.
Under the Wildlife and Countryside Act 1981, Section 6, and the Wildlife (Northern Ireland) Order 1985, Section 7, it is illegal to sell decoy birds.
General licences
The trapping of pest birds is permitted under the authority of relevant general licences issued by the Department for Environment Food & Rural Affairs (DEFRA) for England, Natural Resources Wales (NRW) for Wales, NatureScot for Scotland, and the Department of Agriculture, Environment and Rural Affairs (DAERA) for Northern Ireland.
No individual application is required for these licences; however, it is essential that you comply fully with the terms and conditions of any relevant general licence. Details of general licences can be found on the BASC website.
General licences authorise the control of specified species for defined purposes listed on the relevant licence, such as preventing serious damage. If a species, location or reason for control is not covered by a general licence, an individual licence must be applied for from the relevant authority.
Depending on which home country you are operating in, on certain designated sites the use of a general licence may not be applicable (there are details around any such site restrictions listed on each relevant licence). Permission (known as ‘consent’) from the relevant government agency may also be required.
The species listed on the general licences and the purposes for which the licences are issued, can vary between countries. BASC strongly recommends that anyone wishing to carry out the trapping of pest birds under the authority of a general licence should read the advice available online at basc.org.uk/gl
Control methods allowed under the general licence may include shooting, the destruction of eggs and nests, and the use of Larsen traps and multi-catch traps, which includes the use of decoy birds within such traps.
Anyone acting under a licence issued by a government agency must comply with all relevant animal welfare legislation including the Animal Welfare Act 2006, the Animal Health and
Welfare (Scotland) Act 2006, and the Welfare of Animals Act (Northern Ireland) 2011.
General licences can only be used by authorised persons. Each government agency defines ‘authorised persons’ differently. Please see the relevant licence for the full definitions.
Use of cage traps
Decoy birds must be provided with:
- suitable food which is readily accessible;
- clean, drinkable water which is available all of the time;
- a shelter which should protect the bird from the prevailing weather conditions;
- a suitable perch placed under the shelter.
Every cage trap used in accordance with the general licences in England, Wales and Scotland must be physically inspected at least once every day. In Scotland, they should be inspected at intervals of no more than 24 hours; in England and Wales, they should be inspected at intervals of no more than 25 hours.
Any birds killed in accordance with the general licences must be killed in a quick and humane manner.
The general licences from each of the countries specify the different conditions on the despatching of target species in view of the decoy or other trapped birds. Please see the relevant licence for the full conditions.
Non-target species caught in a cage trap should be released unharmed immediately upon discovery.
Note: In England and Wales under the Wildlife and Countryside Act 1981, and in Northern Ireland under the Wildlife (Northern Ireland) Order 1985, it is illegal to release or allow to escape into the wild any animal which: Is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state, or is an animal listed in the Wildlife and Countryside Act 1981, Part 1 of Schedule 9. In Scotland under the Wildlife and Natural Environment (Scotland) Act 2011, it is illegal to release, or allow to escape from captivity, any animal into a place outside of its native range. The general licences in England, Wales and Scotland require that when cage traps are not in use they are immobilised and rendered incapable of use. The general licences from each of the countries specify how the trap should be rendered incapable of use.
In Scotland, under the general licence, all trap operators must be registered in advance with NatureScot in order to obtain a registration number. All traps must display a single tag or sign which features the NatureScot trap registration number.