WILD BIRDS and the LAW: SCOTLAND a Plain Guide to Bird Protection Red-Necked Phalarope by Guy Shorrock (RSPB)
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For more information about RSPB Scotland, please contact: RSPB Scotland Headquarters, Dunedin House, 25 Ravelston Terrace, Edinburgh EH4 3TP. Tel: 0131 311 6500 E-mail: [email protected] www.rspb.org.uk/scotland The Partnership for Action Against Wildlife Crime (PAW) is a multi-agency body comprising representatives of all the organisations involved in wildlife law enforcement, including the Police, HM Revenue and Customs, representatives of government departments and NGOs, such as the RSPB. It provides a strategic overview of enforcement activity; considers and develops responses to strategic problems; and looks at issues of strategic concern alongside the National Wildlife Crime Unit. RSPB Scotland is part of the RSPB, which speaks out for birds and wildlife, tackling the problems that threaten our environment. Nature is amazing – help us keep it that way. The RSPB is part of BirdLife International, the global partnership of bird conservation organisations. www.rspb.org.uk/birdlaw WILD BIRDS AND THE LAW: SCOTLAND A plain guide to bird protection Red-necked phalarope by Guy Shorrock (RSPB). The Royal Society for the Protection of Birds (RSPB) is a registered charity: England and Wales no. 207076, Scotland no. SC037654. 770-0474-08-09 Wild birds and the law in Scotland This is a summary of the law as it also be possible to get some idea applies to wild birds in Scotland. whether or not an offence has been committed or whether a proposed action We are frequently asked for a handy might be against the law. It is intended guide to the law as it applies to wild to do this without overwhelming the birds in Scotland. It may be, for example, reader with formal legal language. This that someone has seen birds shot or is mainly achieved by providing an trapped and wants to know if this is alphabetical list of bird species, which illegal and if any further action should shows the exact position relating to any be taken. This booklet is intended to particular species. We have also listed provide a relatively simple reference and answered a selection of the most that begins to answer those questions. It frequent questions that people ask about has been updated to take account of birds and their legal status. recent changes to the law and to allow for the fact that Scottish legislation is A word of caution is necessary. The now slightly different from the rest of informal nature of this booklet means the UK. that it cannot be a substitute for the actual legislation, its amendments or its The Wildlife and Countryside Act 1981 subordinate Orders, Licences and has been the principle legislation in Regulations and we therefore urge you Great Britain for wild birds since it to use it with care. Where a formal became law in September 1982. This is definitive answer is needed this still true in Scotland. However, the requires the opinion of a qualified original Act has been revised by a lawyer and reference to the original number of later laws including, since the published legislation. This booklet restoration of the Scottish Parliament, should not be relied upon in a court of legislation that only applies north of the law or where anyone is contemplating a border. This guide puts the basic particular action that they suspect may information from the Act and its later be regulated by the legislation. It is amendments into plain language, so that rather a first point of reference for the the legal status of any particular type of interested layperson. bird can be quickly checked. It should 1 Import and export This booklet does not cover the regulations on the import and export of birds. The Department for Environment, Food and Rural Affairs (DEFRA), Animal Health Division should be consulted for further information on licences to allow the import of birds. Certain species will require documentation under the Convention on International Trade in Endangered Species (CITES) for entry into the EU and the Wildlife Trade and Licensing Branch of Defra will be able to provide the necessary assistance. E-mail [email protected] NB From 1 July 2007, the importation of all wild-caught birds from outside the EU is banned with very limited exceptions under EU health regulations. For further information, see www.defra.gov.uk/animalh/int-trde 2 Contents Page Introduction......................................................................................................................................4 Enforcement......................................................................................................................................4 Abbreviations ...................................................................................................................................5 Definitions.........................................................................................................................................6 Extent of protection given to birds ................................................................................................9 Sale of live wild birds and birds' eggs...........................................................................................9 Sale of dead wild birds..................................................................................................................10 Exhibition of wild birds.................................................................................................................10 Prohibited methods of killing and taking wild birds................................................................11 Birds in captivity – size of cage ....................................................................................................11 Deliberate release of species into the wild..................................................................................12 Attempting to commit an offence ................................................................................................12 Exceptions.......................................................................................................................................12 Licences ...........................................................................................................................................13 Registration of captive birds.........................................................................................................14 Areas of Special Protection (ASPs) ..............................................................................................14 Powers of the Secretary of State ...................................................................................................15 Enforcement and penalties ...........................................................................................................15 What to do if you see an offence being committed....................................................................16 The Schedules.................................................................................................................................18 Checklist of legal status of selected British birds.......................................................................21 Guide to General Licences issued under the Wildlife and Countryside Act .........................34 Trade in endangered species ........................................................................................................37 Control of Trade in Endangered Species (Enforcement) Regulations 1997 (COTES) ...........38 Prohibition of shooting on Sundays ............................................................................................39 Questions frequently asked about birds and the law................................................................40 Useful addresses ............................................................................................................................43 Slavonian grebe 3 Introduction legislation. There are various key exceptions to this. Some rare species are The essential basis of Scotland's wild afforded extra protection. Some species, bird legislation is that all wild birds, notably wildfowl and a few other their nests and their eggs are protected traditionally hunted species, may be by law unless some specific exception is shot in season. Various species that may made in the legislation. Many rarer birds cause problems may be killed or have additional special protection otherwise controlled all year round in beyond the basic provision. This can certain clearly defined circumstances. mean, for example, that they may not be Where birds may be lawfully killed, disturbed at, or around, the nest during there are certain methods of doing this the breeding season. On the other hand, that remain illegal (e.g. the use of it is also important to understand that poisons). some traditionally hunted species may be legally killed within a defined open Enforcement season. There is a further small group of birds with a separate legal status – game The police have the prime responsibility birds – that are also traditionally hunted. for enforcing wildlife legislation and However, this activity is not regulated every Scottish police force now has at by wildlife legislation but by various, least one Wildlife and Environment much older, Game Acts. There is more Crime Officer (WECO). Certain civil information on the meaning of the terms servants within the Scottish Government 'game bird' and 'wild bird' in the Rural Payments and Inspections definitions section on page 6. Directorate (SGRPID) have responsibilities