j^V*i|ta;-Ot.V"<{£r°> T . 1c>)c'\ *2- WILDLIFE AND COUNTRYSIDE ACT 1981 / EC BIRDS DIRECTIVE PROPOSED AMENDMENTS IN RESPECT OF THE KILLING OF PEST BIRD SPECIES AND THE SALE OF THE FERAL PIGEON INTRODUCTION 1* T^4S paper invites views on the Government's proposals to make certain amendments to the Wildlife and Countryside Act 1981 which relate to the introduction of a general licensing scheme for pest bird control, and to the banning of the sale of dead feral pigeons, except under licence. The proposals will ensure that UK legislation conforms to the requirements of the EC Birds Directive (79/ 409/ EEC) PEST BIRD SPECIES BACKGROUND 2. Section 2(2) of the Wildlife and Countryside Act 1981 permits authorised persons to kill or take at all times the 13 pest species listed in Schedule 2 Part II to the Act. A list of the species concerned is at Annex 1. However, Articles 1 and 5 of Directive 79/ 409/ EEC require member states to take requisite steps to protect all wild birds. The Directive permits the hunting, outside their breeding season, of only 2 of the 13 British pest species. The remaining 11 are required to be fully protected from killing or taking. 3. Article 9 of the Directive permits member states to derogate from the general prohibition on killing birds where there is no other satisfactory solution and subject to specified criteria. However, the European Court has ruled in previous cases against other member states that derogations from the Directive under Article 9 must be specific as to time and place, the nature of the risk involved and the monitoring controls to be applied. Section 2(2) and Schedule 2/ II of the 1981 Act do not meet these requirements and several other member states who have had proceedings brought against them on this issue have all lost their case i.n Court. This is the basis on which, in 1990, the Commission issued a reasoned opinion alleging, inter alia, that the provisions of the 1981 Act with regard to pest species did not comply with the Directive. 4. The Government believes it important that the UK should meet its obligations under Community law. But it is equally concerned to maintain effective and proven pest control arrangements wIittchoonusti^dheirnsdr,tahnactetohre upnrnoepcoessesdaraymenaddmmeinntisttoratthieve19c8o1mpAlcitcaatnidontsh.e lsaitciesnfsyingtheprorpeoqsuailrsemesnettsoouft tihnepDairraegcrtaipvhes w7hialnede8nabbellionwg wtohuolsde involved in the year-round control of pest birds to carry on their traditional practices exactly as they do now and have done sfporecigeesnecroantcieornnse,d bseuibnjgecktepttountdheer creovniseewr.vation status of the 5* Previ°us proposals for a licensing system were put forward in amconsultati,on paper issued in September 1990, but were withdrawn the light of the concern of many respondents who believed they would be over- bureaucratic and administratively complicated. The latest proposals, which follow discussions with Commission officials, are not bureaucratic and would not place any noticeable burden or restriction on those involved in day-to-day pest control. 1 1 PROPOSAL 6. The Government proposes to 1(9i)81rAecmto,veanadll species from Part II of Schedule 2 to the (ii) issue unrestricted annual general licences for the control of named pest species; these would permit farmers, landowners and other authorised persons to continue with their current arrangements for pest control. 7. Licences would be drawn widely, would be few in number and would be issued by this Department or the Scottish and Welsh Offices, where appropriate. The Ministry of Agriculture, Fisheries and Food (or where appropriate, the Scottish Office Agriculture and Fisheries and Welsh Office Agriculture Departments) would issue the general licences where agricultural damage was concerned. No individual involved in pest control would have to apply for a licence. An example of one of the gfeonreryaelarl-ircoeunncdespeisstschoonwtnroalt Aanctnieoxn.2. These would give authority 8• Licences would be considered for renewal each year following advice from the Government s scientific advisers, the Joint Nature Conservati_on Committe'e who would set up arrangements to monitor the conservation status of the species concerned. The Department would be alerted if populations had fallen to levels where care was required to maintain a satisfactory status. At present, populations of the 13 UK pest species are stable or increasing and it is not considered that pest control would have any detrimental effect on their status in the foreseeable future. 9. The proposal to amend the 1981 Act and introduce an annual licensi>ng system which would meet the requirements of the Birds Directive, was debated recently in the House of Commons Committee on European Legislation. The Committee supported the proposal. SALE OF THE FERAL PIGEON BACKGROUND 10. Section 6(2) of the 1981 Act permits the sale throughout the year of dead birds of the species included in Part II of Schedule 8 to the Act. These include the feral pigeon. The feral pigeon is not. covered by the Birds Directive but it shares the same sci.entific name — Columba livia — as the rock dove whose sale is PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit prohibited by the Directive, except under licence. authori.^siaatsi^noenvifnr tbheeen19t8h1eAGcotvesrhnomuelndt'apspliyntteonttihoenrtehlaattitvheelysralaerse rock dove, but under the Act it is the scientific name of a species to which the Courts must have regard in the event of any dispute, and, technically, the United Kingdom could be regarded as being in breach of the Directive on this point. PROPOSAL p1o2i.nTthbeutGonvoenrenmiesntenhtaisrecloynssiadteirsefdacvtaorriyo,uslawragyeslyofberceasuoslevitnhge trhoicsk dove and the feral pigeon are genetically inseparable. It does not consider this to be a matter which it should contest in the European Court and therefore proposes to remove the feral pigeon tfhreormeaPfatretrIwXoulofd rSecqhueidruelea l3i.cenAcneyissaslueesd uonfdedreasdectfieornal16piogfeotnhse Act. The Government is not aware that there is any current volume of such sales on which the proposal would have an adverse effect. RESPONSES 13. Comments on these proposals should be sent to the Department °f the Environment, Room 806 Tollgate House, Houlton Street, Birfi,ysotuolarBeS2no9tDJpr,etpoareadrrfiovreyboyur11reSseppotnesmebetor b1e99p2u.bliPslheeadseorsmtaadtee available to other interested parties. LibraryDigitisationUnit ANNEX 1 SPECIES INCLUDED IN PART II OF SCHEDULE 2 TO WILDLIFE AND COUNTRYSIDE ACT 1981 Crow Collared Dove Great Black-backed Gull Lesser Black-backed Gull Herring Gull Jackdaw Jay Magpie Feral Pigeon Rook House Sparrow Starling Woodpigeon PrintedimagedigitisedbytheUniversityofSouthamptonLibraryDigitisationUnit ] . ANNEX 2 Department of the Environment Licence No WLF Directorate of Rural Affairs . . . WILDLIFE AND COUNTRYSIDE ACT 1981 General licence to kill certain birds. This licence, granted under (Section 16 ....) of the Wildlife and Countryside Act 1981, by the Secretary of State for the Environment, after consultation with (the Joint• Nature Conservation Committee) is valid, unless previously revoked, in all regions in England, until (date) and hereby authorises any authorised person to kill any of the following birds, (species names) by shooting, or any other method not prohibited by Section 5 of the 1981 Act provided that the action taken is for the purpose of preserving public health or public or air safety. In this licence - "authorised person" has the same meaning as in Section 27 of the Wildlife and Countryside Act 1981; "to kill" includes accidentally to wound. Signed Department of the Environment Authorised by the Secretary of Wildlife Division State for the Environment to Tollgate House sign in that behalf BRISTOL BS2 9DJ Tel 0272 218694 [Similar licences would be issued by the Scottish and Welsh Offices. Licences would be issued by the Ministry of Agriculture, Fisheries and Food, the Scottish Office Agriculture and Fisheries Department and the Welsh Office Agriculture Department for the purpose of preventing the spread of disease or preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or fisheries. Consultees Local Authority Associations Association of County Councils Association of District Councils Association of Metropolitan Authorities Assembly of Welsh Counties The Council for Welsh Districts Confederation of Scottish Local Authorities Association of London Authorities London Boroughs Association Others British Association for Shooting and Conservation British Bird Council British Field Sports Society British Ornithologists Union British Pest Control Association British Trust for Ornithology Campaign for the Protection of Rural England Campaign for the Protection of Rural Wales Civil Aviation Authority Safety Regulation Group Country Landowners Association Country Landowners Association for Wales Countryside Council for Wales English Nature Farmers Union of Wales Game Conservancy Guns Review Hawk Board Hawk Trust Institute of Environmental Health Officers International Ornithological Association Moorland Gamekeepers Association National Farmers Union National Farmers Union for Wales National Farmers Union for Scotland National Rivers Authority Royal Society for Nature Conservation Royal Society for the Prevention of Cruelty to Animals Royal Society for the Protection of Birds Scotti.sh Crofters Union Scottish Farmers Union Scottish Landowners Federation Scottish Natural Heritage Scottish Rivers Purification Boards Association Scottish Society for the Prevention of Cruelty to Animals Wales Wildlife and Countryside Link Wildlife Link PhnlecLimaaedigitisedbvtheUniversityofSouthamptonLibraryDigitisationUnit