Information Sheet 5
The information on this page is available as a downloadable document here 
Contents
- Birds Listed in Schedule 4 to the Wildlife and Countryside Act 1981
- Commercial use of wild disabled birds - EC Regulation 338/97 and 865/2006 – Article 10 Certificates
Important Note
This information sheet is intended as an informal guide to the basic legal requirements. You should seek your own independent legal advice on detailed points of law but we will try to offer advice if you contact us with specific queries.
Any reference to ‘the Act’ is a reference to the Wildlife & Countryside Act 1981. Any reference to ‘the EC Regulations’ is a reference to the EC CITES Regulations 338/97 and 865/2006 (CITES is the Convention on International Trade in Endangered Species).
The law makes it an offence for a person to take any bird from the wild unless they have been issued with a licence to do so by Natural England, the Scottish Government or the National Assembly for Wales.
However, where wild disabled birds are concerned, it also says that it is not an offence if the person responsible for the bird can show, if challenged, that it was not disabled as a result of their own unlawful act and that the bird was taken solely for the purposes of tending it and releasing it when no longer disabled.
There is therefore a legal obligation on you to release birds back into the wild as soon as they have recovered from injury and are able to fend for themselves. You will be expected to show that every effort has been made to ‘hack back’ or retrain them for life back in the wild and you will be expected to show that a rehabilitation program has been undertaken. If a keeper is unable to train a bird, taking it to an experienced keeper will maximise the bird’s chances of being rehabilitated. Any disabled wild bird that has no prospect of return to the wild at the time it comes into the keepers possession, should be taken to a Registered Veterinary Surgeon immediately for a decision on its future. Any birds that have been treated but still are unable to be released should also be taken to a Registered Veterinary Surgeon for a decision on their future.
We also recommend that anyone who acquires injured birds should inform their local Police Wildlife Liaison Officer that they have the bird in their possession, and keep accurate written records of how the bird came into their possession and its progress towards release.
1. Birds Listed in Schedule 4 to the Wildlife and Countryside Act 1981
In addition to all the above requirements, birds listed in Schedule 4 must be formally registered with this office. Keepers who acquire a listed bird must inform us as soon as these birds come into their possession, unless one of the following applies:
(i) The person who finds it is a Registered Veterinary Surgeon and the bird is receiving treatment.
(ii) They intend to immediately pass the bird on to a Registered Veterinary Surgeon or experienced keeper of Schedule 4 birds who must then register the birds themselves for treatment and release.
(iii) The person who finds the bird is an ‘authorised person’ which in England is defined by paragraph 2 of licence WML Gen-L09. The Scottish Government and Welsh Assembly issue equivalent licences.
When you contact us, a letter will be sent to you informing you of the legal position and, if you decide to care for the bird yourself an application for a Licence to keep the bird unringed (UR Licence) will be sent to you to enable you to register the bird. We will follow up the progress of a wild disabled Schedule 4 bird throughout its life, so it is particularly important that accurate records of the rehabilitation program are kept. It would also help if such records are passed on with the bird to any new keeper.
A further point to note is that it is an offence to release into the wild any bird which is of a kind not ordinarily resident in and is not a regular visitor to Great Britain in a wild state, or listed on Schedule 9 of the Act, even if it is a fully rehabilitated wild bird, without a licence issued by Natural England.
2. Commercial use of wild disabled birds - EC Regulation 338/97 and 865/2006 – Article 10 Certificates
Where we are satisfied that a bird has been lawfully acquired and that adequate attempts have been made to return the bird to the wild (and suitable independent confirmation is provided that this is not possible), we may consider issuing an Article 10 Certificate for limited commercial use.
Full details on the requirements for obtaining and Article 10 Certificates for a wild disabled bird can be found in CITES Guidance Note13 (GN13). You may also find Guidance Notes (GNs) 2, 5, and 6 useful. Contact us if you are unsure about any aspect of commercial use.
Page last modified: 04 November 2008
Page published: 04 November 2008