Birds
Conflict between birds and human activities
All birds and their nests are protected, except for a small number of birds that can be shot in the open season, either under the Wildlife Act (contact the DAFF Wildlife and Conservation Office for details) or the Game Acts (contact the DAFF Forestry Office for details). If you need to do works where birds nest, do so after the young have left the nest and are no longer using it. It is best to plan ahead, determine which species might cause an issue at a site and plan for them, eg. prevent them from entering a building before the nesting season if works are planned to start during the nesting period. Most species nest between March and July. Where activities come into conflict with nesting birds, get advice from the Wildlife and Conservation Division. You may need a section 16 licence before proceeding with destructive or disturbing works. It is an offence to disturb birds listed on Schedule 1 of the Wildlife Act, whilst they are at the nest, or to destroy the nest of any 'wild bird'. Remember, once a protected wild bird has begun to build a nest, that nest is protected.
For this reason a good time to trim berry-bearing hedges and trees is late winter. Birds can therefore feed on the berries during the coldest months, but can nest undisturbed in the spring following pruning. If you rotate your cutting, you can cut them once every two or three years, leaving some hedge uncut each year for feeding birds and as roosting cover. A leaflet with guidelines on hedge cutting is available from the Department.
General licences
General licences are provided under section 16 of the Wildlife Act, for situations that would otherwise require an individual licence, but due to a regular and widespread requirement, a general licence is provided to remove an unnecessary administrative burden and allow immediate action.
Those available for widespread use can be downloaded from the table below. These are all to do with birds, mainly the control of birds in conflict with human activities. The latest versions are valid for two years (1/1/09-31/12/10). These replace the previous bird control licences which ran out on 31st December 2008, and include minor amendments and clarifications.
They may be used without further application, as long as the action is for the purpose specified on the licence and is within the conditions. Any situations falling outside of the specifications, will be considered on application to the Department for an individual licence.
The following changes should be noted. Minimum No.1 shot size (in 3” magnum cartridges) is now to be used for taking geese with a shotgun, but rifles may also be used. The aim is to allow the destruction of Canada and feral greylag/domestic geese that cause crop damage and are rising in number, but take account of the welfare issues arising. The restriction should minimise the risk of geese being winged but surviving.
The use of Larsen traps and the taking and use of decoy birds are retained, but only a single decoy bird can be used in any trap. This results from reports of more than one bird being placed in the small decoy compartment, which causes distress to the birds and restricts their space for movement and stretching, raising welfare issues. Cages not in use must be rendered incapable of holding or catching birds or other animals. Operators of cage traps are also reminded that adequate food, water, shelter and a perch must be provided to a decoy bird.
The licence notes have also been clarified as a reminder that the general licences do not exempt owners and occupiers from their legal obligation to gain consent for ‘operations likely to damage’ the interest on an Area of Special Scientific Interest.
You will need Adobe Acrobat to download documents that are PDFs, this is available free by following this link:
