Wildlife and Countryside Act 1981
Shooters should acquaint themselves with The Wildlife and Countryside Act 1981 (WCA) and comply accordingly. Particular note should be made of the restriction imposed by Section 5, which makes it an offence to use an automatic or semi-automatic weapon which has a magazine capacity of more than two rounds, to kill any wild bird. The definition also encompasses Section 1 (Firearms Act 1968 as amended) pump-action and semiautomatic shotguns, and any rifles whether bolt-action, pump-action or semiautomatic, with such magazines, including air weapons. However, a person will not be guilty of this offence if they have obtained a specific licence for themselves from the
Department for Environment, Food and Rural Affairs (DEFRA) - 0117 372 8903 (general enquiries). Any person committing this offence may also commit an offence of failing to comply with the conditions of his/her firearm certificate if he/she is only authorised for vermin control.
Any landowner giving permission to anyone who does not hold the appropriate DEFRA licence to use a Section 1 shotgun or any rifle with a magazine capacity of more than two rounds for such activities, will also commit an offence under Section 5.
The shooter does not need to have even taken a shot. If he/she is in possession of such a weapon with the intention of shooting wild birds, he/she commits an offence under Section 18 WCA, which is treated as if the offence had actually been committed.
On conviction, a court can order the forfeiture of anything used to commit the offence, including firearms or even vehicles (Section 21 WCA).
Whilst there is little dispute that birds such as wild geese and Canada geese are destructive and a nuisance to farmers, etc., they are not legally classified as vermin by either the RSPB or DEFRA. In fact all birds are protected.
Notwithstanding this, the Secretary of State for the Environment issues an official decree every two years which amounts to an exemption from the usual prohibitions placed on the killing of specific species of wild birds with Section 1 shotguns. The following thirteen species are at the moment included in this exemption:
Canada Goose
Branta Canadensis
Crow
Corvus corone
Collared Dove
Stretopelia decaocto
Great Black-backed Gull Larus marinus
Lesser Black-backed Gull Larus fuscus
Herring Gull Larus argentatus
Jackdaw
Corvus monedulaJay
Garrulus glandariusMagpie
Pica picaFeral Pigeon
Columbia livia
Rook
Corvus frugilegusWood Pigeon
Columba palumbus
On 10th February 2005, under Section 16 of The Wildlife and Countryside Act 1981, DEFRA issued an amendment to their general licence (WLF18) list. As from 28th February 2005, (commencement of new licence year), House Sparrow (Passer Domesticus) and Starling (Sternus Vulgaris), are removed and Canada Goose (Branta Canadensis) added.
(see
www.defra.gov.uk/news/2005/050210a.htm )
There are many species of animals which are protected - far too many to list here. They are all included in The Wildlife and Countryside Act 1981 and it is every shooter's responsibility to ensure that they do not kill or harm such species.
More information on this subject can be obtained from the
British Association of Shooting and Conservation.
