Statutory guidance

Annex C: to disturb and take any wildlife listed in schedules 1, 5 and 8 of the Wildlife and Countryside Act 1981

Updated 1 January 2024

Applies to England

Class licence CL30 Annex C: to disturb and take any species listed under Schedules 1, 5 and 8 of the Wildlife and Countryside Act 1981 (as amended) for scientific, research or educational purposes and for the purpose of conserving wild birds and flora and fauna.

Overview

The licence permits Registered and Authorised Persons, in the course of their duties, to disturb and take any species protected under the 1981 Act for:

• scientific, research or educational purposes or
• for the purpose of conserving wild birds, or
• conserving flora or fauna

This includes all wild birds (including those on Schedule 1), animal species listed on Schedule 5 and plant species listed on Schedule 8.

Activities permitted:

• to disturb by observation or examination any live wild Schedule 1 bird or dependent young of a Schedule 1 bird, whilst it is building, in, on or near a nest containing eggs or young
• to disturb by observation or examination any live wild Schedule 5 animal whilst it is occupying a structure or place used for shelter or protection
• to damage, or obstruct access to, a structure or place which any wild animal listed in Schedule 5 uses for shelter or protection
• to take by hand or other humane means any species of bird and any species of animal listed on Schedule 5
• to pick or uproot any species of plant listed on Schedule 8, or any part or derivative thereof
• to possess and transport any live wild bird, live animal listed on Schedule 5 or live plant listed on Schedule 8, and any biological samples or parts of derivatives thereof

Purpose(s) for which these activities may be conducted: this licence can only be used for conserving wild birds and flora and fauna and preserving public safety, which in respect of this licence is:

• investigating whether an offence has been committed
• gathering evidence in connection with proceedings before any court

Important

These activities are subject to the terms and conditions set out in the main licence in addition to Annex C licence conditions below.

Annex C: licence conditions

1. Registered or Authorised Persons operating under this licence should, unless operational procedures prevent it, consult with appropriately qualified or experienced individuals before undertaking any work under this Annex to ensure that disturbance or damage is minimised and to help identify information that may be useful to investigating a potential offence.

2. Any person operating under this licence must ensure that any disturbance to Schedule 1 and 5 species or taking of Schedule 8 species is limited to the absolute minimum required to obtain the necessary information/evidence.

3. This licence does not permit the intentional killing of any wild bird, animal or plant or the destruction of any viable egg.

4. The definition of ‘take’ for live specimens present in the wild is, for the purpose of this licence, limited to the removal by hand, examination and replacing at the site of capture. It does not permit the translocation of specimens - taking and moving to another place.

5. Any disturbance of species or damage or obstruction to places of shelter or protection must be restricted to the minimum required to complete the necessary activity. All reasonable efforts must be made to repair any damage caused under this licence.

6. Any live wild specimen taken under this licence shall be possessed for such time only as is sufficient for the purpose for which it was taken and must be liberated at the site of capture immediately after examination unless taken into possession as part of the investigation and evidence gathering exercise. In the case of migratory species, if the time of release is unsuitable for the species then the specimen(s) may be retained in captivity until the next suitable period for release.

7. Disturbance and handling of hibernating species must only take place when it cannot be avoided and only be undertaken by an appropriately licensed individual (see Additional information for Annex C).

8. If a hibernation site of one of the species covered by this licence has been damaged or destroyed and cannot be used that season then this licence may be used to take and retain such specimens in captivity until the next suitable time period for release of them at, or near to, the original site of capture provided that suitable compensation for loss of the hibernation site has been provided.
   
   Reporting requirements
   
   
9. Registered Persons engaged in activity under the terms of this licence Annex must submit a report to Natural England as set out in Licence Conditions 8 to 10 including:
   
   a) the species involved
   
   b) when and where (OS 6-figure grid reference) the activity took place
   
   c) what activities were undertaken
   
   d) the names and contact details of any Authorised Persons and/or Assistants that were engaged in the activity
   
   e) where and when any individual specimens taken were liberated
   
   f) to whom any dead specimens, part or derivative were handed over to
   
   g) a record of any relevant training undertaken

Additional information for Annex C

Where the Registered or Authorised Person is operating in an area covered by Raptor Study Groups or equivalent (if not known then please contact Natural England Wildlife Licensing or the BTO licensing team for further information and contact details) that person should seek advice from such groups before nest sites are visited in order to minimise any disturbance to nests.

Injured specimens are covered under the defence within the 1981 Act at section 4(2) and section 10(3).

An ‘appropriately licensed individual’ must hold a licence for the activity to disturb and/or handle that species.