As a shooter you may participate in other branches of shooting or pest control along with wildfowling. The information below will hopefully help you to understand the legal requirements of shooting and pest control as laid out in the Wildlife and Countryside Act of 1981 and the amendments to the same and the Pest Control Act 1954. Further information can be found on the DEFRA website by following the links at the foot of this page.
Changes in the General Licence
From the 1st March 2005, changes to the general licences which permit the control of certain species of birds in England were made. Individuals do not need to apply for special local licences or to hold copies of the general licences. Anyone shooting listed pest species under general licence must however still comply with the relevant terms and conditions. Sporting shooting alone is not a reason for control according to the conditions. If challenged, the individual would have to show that any shooting of Canada geese or other species was carried out in accordance with the terms of the appropriate general licence. The bird pest quarry list covered under the Wildlife and Countryside Act "General Licence" includes the following :- Woodpigeon, Feral pigeon, Crow, Rook, Magpie, Jackdaw, Jay, Collared doves, Great Black Backed gulls, Lesser Black Backed gulls, Herring gulls and the Canada Goose.
Sparrows and Starlings were removed from the quarry list for conservation reasons, but they may still be controlled where they pose a problem and where a specific licence has been applied for and granted. Canada geese cause problems for agriculture and public health and their addition to the general licence was seen as a rational move. The provision for Canada geese will apply only in the close season for this species. Bird pest control otherwise remains mostly unchanged but some alterations will be made to the conditions. These are largely technical and are designed to ensure that the general licences are seen to fully meet the requirements of European law.
General Licence Questions and Answers
Do I need to get a licence?
No, the individual does not need to apply. The General Licence is a blanket document issued by a Government Minister and gives permission to all authorised persons eg the landowner or persons acting with their permission,
Can I still use "Larsen Traps"?
Cage traps, such as the Larsen live-catch trap will have to be inspected at least once every 24 hours (as now), and only crow, jackdaw, jay, magpie and rook may be used as decoy birds. Any dead birds must be removed.
Is sporting shooting a valid reason under the general licence for killing birds?
No sport alone is not classed as a valid reason. The licence is issued for a specific purpose such as crop protection, livestock protection and human health and safety. You must be shooting for one of the reasons covered by the licence. You do not need to prove which crops you are protecting.
What about roost shooting and decoying?
The use of decoys and roost shooting is a legitimate method of control and has always been recognised as such. You do not have to catch the bird or animal in the act to be able to shoot them, it is accepted that the birds or animals have the capacity to cause damage and therefore need to be controlled.
What if I'm challenged by someone?
You should tell them that you are carrying out crop protection or pest control as permitted by the General Licence for control. Pointing out that other methods have been tried and found to be ineffective hence the reason you are shooting the species.
Pests Act 1954 Control of rabbits: Information for occupiers of land
1. Responsibilities of occupiers to control rabbits Under Section 1 of the Pests Act 1954
The whole of England, apart from the City of London and Isles of Scilly, has been declared a rabbit clearance area. Under Section 1(2) of the 1954 Act, all occupiers of land in a rabbit clearance area have a continuing obligation to kill or take any wild rabbits living on, or resorting to, their land, unless they can establish that it is not reasonably practicable to do so. If it is not practicable to destroy the rabbits, occupiers have an obligation to prevent the rabbits from causing damage elsewhere by, for example, fencing them in with rabbit-proof fencing. The obligation to control rabbits is irrespective of the use being made of the occupier’s land or that of their neighbours.
2. Enforcement of the obligation to control rabbits
Where an occupier neglects a serious infestation on their land which is causing damage to neighbouring land, they will be reminded of their obligation by Natural England and given reasonable time to put matters right. If this warning is ignored, the Secretary of State has powers, under Section 98 of the Agriculture Act 1947, to serve a notice on an occupier requiring them to take specified action against the rabbits. If an occupier fails to take the specified action they would be liable for prosecution. In addition, the Secretary of State can also arrange for a third party to carry out the necessary control work on the occupier’s land and then recover the cost of this work from the occupier.
3. Methods of controlling rabbits
Occupiers may use any legal method to control rabbits on their land, e.g. gassing, trapping, snaring, shooting, fencing etc. Further advice on methods of control is given in the Natural England advisory leaflet "Rabbits" TAN01, "Rabbits: use of fencing to prevent agricultural damage" TAN16 and "Rabbits: use of cage-trapping to prevent agricultural damage" TAN17 which are available from Natural England
4. The right to shoot rabbits
The Ground Game Act 1880 gives an occupier the right to shoot rabbits on his/her land during the day and to authorise in writing one other person to do so. That person must be a member of the occupier’s household or staff, or be employed for reward. An occupier may apply to Natural England for authority to use a reasonable number of extra guns, if the owner of the shooting rights will neither permit the occupier to use extra guns, nor undertake to destroy the rabbits themselves. If you wish to apply to use extra guns. Under the 1880 Act, as interpreted by the courts and as read with the Wildlife and Countryside Act 1981, only the following are allowed to shoot rabbits at night:
a) An owner-occupier with shooting rights b) A landlord/landlady who has reserved their shooting rights c) A shooting tenant not in occupation who has derived the shooting rights from the owner; and d) An occupier, or one other person authorised by them in writing, where the occupier has written authority from another person with shooting rights.
5. Complaints about rabbit damage
If you are suffering damage from rabbits coming from neighbouring land and you have either asked your neighbour to control the rabbits but they have refused to do so or you cannot identify the neighbour, you should contact Natural England at the following address :
Wildlife Licensing Unit, Natural England, Burghill Road, Westbury-on-Trym, Bristol, BS10 6NJ.
Want to know more about the law regarding shooting and snaring? Try the links below.
http://www.defra.gov.uk/wildlife-countryside/vertebrates/default.htm (Wildlife management and Licencing advice)
http://www.defra.gov.uk/wildlife-countryside/vertebrates/game-licences.htm (Game licences)
http://www.defra.gov.uk/wildlife-countryside/vertebrates/snares/pdf/snares-cop.pdf (Snaring)