Meeting documents
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Following a question at the above Committee on the 6th September 2005 the following information has been extracted from the Department for Environment, Food and Rural Affairs (Defra) website in respect of the legal status of common bird species and permitted methods to control these species. |
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‘Certain members of the crow family, some gulls and pigeons are recognised as causing persistent problems. In certain situations, the only satisfactory solution to a problem is to issue a licence permitting an otherwise prohibited action under the Wildlife and Countryside Act 1981. Under that Act it is an offence for any person to kill, injure or take any wild bird, take, damage or destroy their nest, or take or destroy their eggs. The Act also prohibits the use of certain methods of killing and taking wild birds including the use of poisonous or stupefying substances, any bow or crossbow, any explosive other than ammunition from a firearm or any chemical wetting agent. |
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It is not normally necessary to apply for a licence for these species, as Defra issues general dispensations for the whole of England (commonly referred to as 'general licences'). These permit certain actions to be taken for various specified purposes. |
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A summary of the ‘general licences’ that have been issued are detailed below: |
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The term ‘authorised person’ is defined in the Wildlife and Countryside Act 1981 as: |
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‘- The owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken; |
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- any person authorised in writing by the local authority for the area within which the action authorised is taken; and |
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- any person authorised in writing by: English Nature, a water authority or any other statutory water undertakers, or a local fisheries committee constituted under the Sea Fisheries Regulations Act 1966.’ |
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Occasionally, a problem arises involving one of these species which cannot be satisfactorily resolved by a method permitted under a general licence. In this situation Defra will consider applications to use a prohibited method if there is no other satisfactory solution. |
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It should be noted there is no power to grant licences for the purpose of preventing serious damage to property with respect to birds’ |
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It should be noted that the above information is a summary of the legislation and the licences issued by Defra, in all cases before considering any action these documents should be consulted. Further information can be found at www.defra.gov.uk (Wildlife and Countryside>Mammal and Bird Licensing and Advice>Pest Birds). Advisory leaflet TAN13 ‘Birds and their control in non-agricultural environments’ can be found at that location which expands on the information provided above. |
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Pigeon Control by Local Authorities |
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An electronic survey was carried out of Local Authorities in England and Wales. It is believed most Local Authorities have access to this system. They were asked if they carried out the control of Feral Pigeons could they respond and advise what methods they used. The following is a summary of the responses received:- |
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