Information Sheet 7 - Sale of Live Birds
This information sheet is intended as an informal guide to the basic requirements of the Wildlife & Countryside Act 1981 and EC Regulations 338/97 & 865/2006.
You should seek your own independent legal advice on detailed points of law. However, we will try to offer advice if you contact us with specific queries.
The information on this page is available as a downloadable document here 
Native Species
- The Act makes it an offence to sell any live wild bird . In addition ‘Commercial use’ of birds listed in Annex A to the EC Regulations is prohibited unless a certificate has been granted by the Department under Article 10.
- The sale of certain captive-bred native species of bird is allowed under general licence available from Natural England. Species listed on Schedule 3 part 1 may only be sold if they are captive bred and fitted with a close ring of the correct size.
Non Native Species
- It is not possible to list all those non-native species whose sale is prohibited within the European Union. However, of the more commonly kept species, it should be noted that many species of hawks, eagles, falcons and owls are listed in Annex A and their sale is prohibited unless an Article 10 certificate has been granted by us. A full list of Annex A species is available on request.If you are in any doubt about whether a sale certificate is required you should contact us immediately.
If you intend to use birds commercially, CITES Guidance Notes GN1,GN5 and GN6 will be useful. Contact us if you are unsure about any aspect of commercial use.
Notes
- The Act defines a wild bird as any bird of a species which is ordinarily resident in, or is a visitor to the European territory of a Member State in a wild state, but does not include poultry or game birds.
- ‘Commercial use’ includes, display to the public for commercial purposes, sale, keeping for sale, offering for sale, transporting for sale, use for commercial gain and breeding for commercial purposes. This definition applies to all specimens listed in Annex A to the EC Regulations and, under the Act, the term ‘sale’ includes hire, barter, exchange, invitation to treat and other cognate expressions.
Birds on Schedule 3, part 1 are:
| Common Name | Scientific Name |
|---|---|
| Blackbird | Tardus merula |
| Brambling | Fringilla montifringilla |
| Bullfinch | Pyrrhula pyrrhula |
| Bunting, Reed | Emberiza schoeniclus |
| Chaffinch | Fringilla coelebs |
| Dunnock | Prunella modularis |
| Goldfinch | Carduelis carduelis |
| Greenfinch | Carduelis chloris |
| Jackdaw | Corvus monedula |
| Jay | Carrulus glandarius |
| Linnet | Carduelis cannabina |
| Magpie | Pica pica |
| Owl, Barn | Tyto alba |
| Redpoll | Carduelis flammea |
| Redpoll (Mealy) | Carduelis flammea flammea |
| Siskin | Carduelis spinus |
| Starling | Sturnus vulgaris |
| Thrush, Song | Turdus philomelos |
| Twite | Carduelis flavirostris |
| Yellowhammer | Emberiza citrinella |
- Any reference to Article 8 and Article 10 means Article 8 and Article 10 of Council Regulation (EC) 338/97.
Page last modified:17 March 2008
Page published: 17 March 2008