Guidance notes for commercial use of wild disabled birds
These notes are only for guidance and are not a full statement of the law. If you need points of law to be explained, you should get independent legal advice.
This page is available as a downloadable document here 
- Wild Disabled Birds and the Law
- Wildlife and Countryside Act 1981
- Birds listed on Schedule 4 of the Wildlife and Countryside Act 1981
- Commercial use of Wild Disabled Birds under EC Regulations
- Marking requirements
- Conditions applied to Article 10 Certificates
- Offspring of Wild Disabled parents
- Penalties – Wildlife and Countryside Act 1981
- Penalties – Control Of Trade in Endangered Species (COTES)
Wild Disabled Birds and the Law
For those of you who have wild disabled birds in their possession there are two
pieces of legislation of which you need to be aware, the Wildlife and Countryside
Act and the EC Regulations that cover commercial use. Both pieces of legislation
are closely connected, but it is well to be aware at this stage that under the Wildlife
and Countryside Act it is your responsibility, if you are in possession of a wild bird,
to be able to prove that it was originally lawfully acquired. You should therefore
make sure you are fully aware of a bird’s origin when it comes into your possession.
Wildlife and Countryside Act 1981
This law makes it an offence for anybody to take any bird from the wild unless they have been issued with a licence to do so by us, the Scottish Executive or the Welsh Assembly Government.
However, where wild disabled birds are concerned, the law states that it is not an offence if the person responsible for the bird can show 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.
It is therefore a requirement 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 that a rehabilitation programme has been undertaken. If you are unable to train a bird, taking it to an experienced keeper will maximise its chances of being rehabilitated. Any wild disabled 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 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 gets an injured bird should inform their local Police Wildlife Crime Officer that they have it in their possession, and keep accurate written records of how the bird came into their possession and its progress towards release, including all relevant dates.
Birds Listed on Schedule 4 of the Wildlife and Countryside Act 1981
In addition to all the above requirements, birds listed on Schedule 4 of the Wildlife and Countryside Act must be formally registered with us, the Wildlife Licensing and Registration Service of Defra. Keepers who acquire a listed bird must inform the Department as soon as these birds come into their possession, unless one of the following applies:
- The person who finds it is a Registered Veterinary Surgeon and the bird is receiving treatment.
- 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.
- The person who finds the bird is a ‘licensed person’ which in England is defined by paragraph 2(a-d) of licence WML Gen-L09 (available from Natural England). The Scottish Executive and Welsh Assembly Government issue equivalent licences.
We will send you a letter confirming the information you passed to us, and where
required a Swiss Ring will be issued to a Wildlife Inspector, who will visit to fit the
ring in order for the bird to be registered. We will follow up the progress of the bird
throughout its life, so it is particularly important that accurate records of the
rehabilitation programme are kept. It would also help if such records are passed on
with the bird to any new keeper.
You should also be aware that it is an offence to release any bird into the wild which
is: not ordinarily resident in, or 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 Defra.
Commercial use of Wild Disabled Birds under EC Regulations – Article 10 Certificates
Where you can show 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 will consider issuing an Article 10 Certificate for limited commercial use.
It is important for you to understand when applying for Article 10 Certificates that documentary evidence of lawful acquisition must be supplied with the application. Applicants will also be expected to supply written records of the treatment and rehabilitation programme the bird has undergone, as well as confirmation from a Registered Veterinary Surgeon, that despite treatment the bird is permanently disabled and is unable to be released.
Where a bird is considered to have become habituated (for the purposes of this guidance note it will be referred to as an imprint), you will be asked to describe in writing the behavioural characteristics exhibited by the bird and explain why imprinting was allowed to occur.
If you submit applications for birds without adequate evidence to demonstrate legal acquisition and compliance with section 4.2.a of the Wildlife & Countryside Act, you may have your applications refused and referred to a local Police Wildlife Crime Officer.
Marking requirements
All wild disabled birds requiring Article 10 Certificates will have to be permanently marked in accordance with the law before it is issued. This means implanting a microchip transponder unless there are physical or behavioural characteristics why this should not be done. The microchip must conform to ISO 11784:1996 (E) and 11785:1996 (E).
Conditions applied to Article 10 Certificates
Where an Article 10 certificate is granted the specimen will only be allowed to be used for a breeding project, research programme or educational purpose aimed at the conservation of the species. (Applicants may be required to demonstrate the conservation benefit for the species prior to the Department issuing a certificate for the disabled bird, or for its offspring.)
If granted, the following conditions may also be applied to the certificate:
- This specimen or its parts and derivatives may not be sold, exchanged or used for any other commercial purpose without prior authorisation in writing from the Wildlife Licensing & Registration Service.
- This specimen may not be moved from the address in box 2 without prior authorisation in writing from the Wildlife Licensing & Registration Service, except for urgent veterinary treatment.
Offspring of Wild Disabled parents
For the purposes of the Regulations, first generation offspring of wild disabled parents are treated as wild, and similar conditions to the above may be applied to any certificate. However, exceptions may be made where a breeder is able to demonstrate they are able to meet all the criteria for captive breeding laid down in the EC Regulations. In such circumstances we may, in consultation with the Scientific Authority, issue a certificate for full commercial use of the offspring. In these cases the Certificate will be given a source code ‘C’ for captive bred rather than ‘F’ meaning first generation captive bred. Birds given a source code of ‘F’ are treated as wild.
Penalties – Wildlife and Countryside Act 1981
Under the provisions of the Wildlife and Countryside Act 1981, the maximum penalty for offences under part 1 of the Act, for example the unlawful removal of a bird from the wild, is a maximum fine of £5,000 and/or six months imprisonment. In addition, any conviction under this part of the Act results in the keeper being unable to keep any Schedule 4 birds for a period of 5 years, and any birds that are the subject of the conviction will be forfeited
Somebody found guilty of the illegal removal of birds on Schedule 1 of the Wildlife and Countryside Act, which includes Barn Owls, may be fined up to £5,000. The illegal removal of other native owls can result in a fine of up to £1,000.
Penalties – Control Of Trade in Endangered Species (COTES)
The sale or purchase of an unlicensed Annex A specimen is an offence under the COTES (Control of Trade in Endangered Species) Regulations. The maximum penalty for this offence is a fine of £5,000 per specimen and/or a term of imprisonment of up to 6 months if tried at Magistrates’ Court; or if tried at Crown Court a term of imprisonment not exceeding 5 years, and/or an unlimited fine and any birds that are the subject of the conviction will be forfeited.
Page last modified:08 January 2008
Page published:31 January 2008