Protected species - birds

All wild birds, their eggs and their nests are protected. Because they are less common, some birds receive special protection. They are listed in a Schedule of the relevant Act and are known as schedule 1 birds.

Offences

There are penalties (including prison) for offences against rare, specially protected species of birds.  There are also restrictions on keeping British birds in captivity.

Unless you have a licence, you may not:

• Intentionally kill, injure, take or possess any wild bird – even to ring them.
• Use cruel or indiscriminate methods of killing or capturing wild birds.
• Take, damage or destroy any occupied wild bird’s nest or eggs. (Osprey nests are protected throughout the year).
• Sell or show in a competition any live wild bird (this does not apply to certain species if bred in captivity and ringed).
• Sell any dead wild bird (apart from some sporting birds in season).
• Sell the eggs of any British species of wild bird.
• Intentionally or recklessly disturb any specially protected wild bird (Schedule 1) while it is building a nest, nesting, or disturb its dependant young.

‘Reckless behaviour’ is where actions are not intentional but the persons involved choose to ignore the likely consequences of their actions or close their eyes to the possible consequences.

Exceptions

There are exceptions to these offences:
Where a bird is sick or injured, it can be taken in order to treat it with the intention of releasing it when fit or to kill it if it is so badly injured that it will not recover.
Where an offence is an unintentional result of a lawful operation which could not be reasonably avoided.

Possession of birds or their eggs can be lawful if you can prove that they are lawfully held – for instance if you can prove that a collection of eggs was put together before the Protection of Birds Act 1954, or that a bird was killed in a road traffic accident.

The sale of dead protected birds is legal providing the seller gives the buyer documentary evidence showing that the bird was lawfully taken and providing the seller informs The Department of the Environment Food and Rural Affairs of the sale.

Taking birds legally

Certain birds can be taken or killed outside the closed season:

• Tufted duck 
• Mallard
• Pintail 
• Pochard
• Shoveller 
• Teal
• Wigeon 
• Gadwall
• Goldeneye 
• Canada goose
• Greylag goose 
• Pink-footed goose
• White fronted goose 
• Coot
• Moorhen 
• Golden plover
• Common snipe 
• Woodcock

Birds under licence

A general licence has been used by the Welsh Assembly Government that allows for the killing or taking of certain birds, their nests and their young in order to prevent serious damage to agriculture, or to preserve public health or safety or to conserve wild birds:

• Carrion crow
• Great black backed gull
• Rook
• Jay
• Lesser black backed gul
• Woodpigeon
• Feral pigeon 
• Magpie
• House sparrow
• Jackdaw
• Starling
• Herring gull
• Collared dove 

Activity licences

Where a licence authorising an activity has been granted by the Countryside Council for Wales or the National Assembly for Wales, the activity can be carried out legally as long as the conditions of the licence are followed.

A licence should always be sought to carry out activities affecting protected species. Licences can be issued for specific purposes including scientific study, photography, conservation management and preventing damage to crops and property.