Statutory guidance

Licence to mark cage-trapped badgers to enable the identification of individuals administered with a BadgerBCG vaccine (CL49)

Updated 27 April 2023

Applies to England

Date of issue: 27 April 2023
Valid until: 30 November 2024
Reference: WML-CL49

This licence permits authorised people to mark cage-trapped badgers that have been:

• given the badger Bacillus Calmette–Guérin (BCG) vaccine
• assessed as being unfit for vaccination

An authorised person is someone who has received written confirmation from Defra that they are registered by Natural England to mark badgers when using the Licence to cage-trap badgers for bovine TB vaccination (CL48).

If the activity you plan to do is not covered by this licence, or if you cannot comply with its terms and conditions, you can apply to Natural England for an individual licence to take and mark badgers to enable vaccination.

What this licence permits

This licence permits you to mark cage-trapped badgers through:

• fur-clipping
• animal-safe spray paint

Who can use this licence

This licence is only available to authorised people who have received confirmation from Defra that they are registered to use licence CL48.

You must also have successfully completed an approved vaccination training.

It is your responsibility to keep your expertise and knowledge up to date while you use this licence.

Who cannot use this licence

You cannot use this licence if you have been convicted of a wildlife offence on or after 1 January 2010, unless:

• you have served your conviction and are a rehabilitated person under the Rehabilitation of Offenders Act 1974
• a court has made an order discharging you of the wildlife offence

You cannot use this licence if Natural England has withdrawn your permission to use it.

You cannot use this licence if the Secretary of State for Environment, Food and Rural Affairs has withdrawn your permission to use CL48.

If you’re not sure if you can use this licence, contact Natural England at btbvaccination@naturalengland.org.uk.

Where you can use this licence

You can use this licence in all English counties, except on land below a high-tide mark (a mark that shows the highest level that the sea or river reaches at a particular place).

This licence does not give you the right to enter any private land.

If you plan to use this licence on a site of special scientific interest (SSSI) you may need to follow extra conditions. See Condition 7 for more information.

When you can use this licence

This licence is valid from 1 May 2023 to 30 November 2024 during each year’s open season.

Breaching the conditions of this licence

If you do not follow this licence’s conditions, you may:

• have your licence withdrawn
• be committing an offence under the Protection of Badgers Act 1992
• be sent to prison for up to 6 months if convicted or given an unlimited fine, or both
• be unable to rely on this licence as a defence related to the prohibitions in the Animal Welfare Act 2006 or the Wild Mammals (Protection) Act 1996
• be unable to use any other wildlife management licences you may have

Natural England will usually inform you within 28 days if they intend to withdraw your licence.

Licence conditions

You must meet all conditions of this licence.

You must also follow the conditions in Additional conditions for CL48 and CL49: to protect land, species and habitats when cage-trapping or marking badgers.

Condition 1: registering as an authorised person

You can only use this licence (CL49) if you are already registered to use Defra’s licence to cage-trap badgers for bovine TB vaccination (CL48).

When registered, you can use this licence (CL49) to mark badgers that have been:

• vaccinated
• assessed as unsuitable for vaccination

Condition 2: training requirements

Anyone using this licence must have:

• successfully completed approved training
• the appropriate knowledge and experience to mark cage-trapped badgers

Condition 3: marking in the open season

You can only mark badgers in the open season. This runs from 1 May to 30 November each year.

Condition 4: marking methods

All marking must follow the guidance on how to cage-trap and mark badgers to enable vaccination to prevent the spread of bovine TB.

You must mark a badger:

• by clipping an area of fur roughly 6cm by 9cm (about the size of a playing card) on the middle of the back and below the shoulder blades
• with curved long-handled scissors to remove the outer dark guard hairs
• by spraying the clipped area with a brightly coloured animal-safe livestock marker

Do not spray near the badger’s eyes or face.

You must get written permission from Natural England if you wish to use alternative marking methods, such as microchipping.

Condition 5: protecting animal welfare

You must avoid causing any unnecessary suffering to badgers when using this licence.

When carrying out the authorised activities under this licence, you must follow all relevant legislation.

Advice: how to protect animal welfare

For further information, read the Animal Welfare Act 2006: what it means for wildlife.

Condition 6: veterinary assistance for an injured badger

You must have veterinary assistance planned to treat any injured badger or non-target animal. If any caught animal appears to be seriously injured or is in a condition that killing it would be an act of mercy, a registered vet or other qualified person should humanely kill it.

Condition 7: protecting land, species and habitats

You must follow the Additional conditions for CL48 and CL49: to protect land, species and habitats when cage-trapping or marking badgers on any land where licensed activity takes place.

If you cannot comply with these conditions, contact Natural England at btbvaccination@naturalengland.org.uk for advice.

Condition 8: site visits from Natural England

Natural England will conduct site visits to check you’re following the terms and conditions of this licence.

If Natural England is visiting, you must allow and provide any required assistance for them to complete their checks.

Condition 9: recording and reporting your activity

You must report all activity done under this licence to Defra and Natural England.

Keep your records for 18 months and give them to Natural England and Defra, if requested.

Information on how to record and report your activity will be provided in your registration confirmation email.

Legislation

You must follow all relevant legislation when carrying out authorised activities under this licence.

This licence is issued by Natural England under section 10(1)(c) of the Protection of Badgers Act 1992. This licence complies with Article 9(1) of the Bern Convention.

It is illegal to cause any unnecessary suffering to animals under the Animal Welfare Act 2006. This includes captured target and non-target animals held in traps. For further information, read the Animal Welfare Act 2006: what it means for wildlife.

Natural England has authorised licence holders to mark badgers on SSSIs according to section 28P (4)(a) of the Wildlife and Countryside Act 1981, if they meet the conditions in the Additional conditions for CL48 and CL49: to protect land, species and habitats when cage-trapping or marking badgers.

The common name for badgers is used in this licence for guidance only. If there are any legal disputes or proceedings, the scientific name (Meles meles) will be used.

Get help

For licensing enquiries contact us by:

Email at btbvaccination@naturalengland.org.uk Telephone on 020 802 61089
Post at

Wildlife Licensing
Operations Delivery
Natural England
Horizon House
Deanery Road
Bristol
BS1 5AH

For other enquiries contact the Enquiry Service by:

• telephone on 0300 060 3900
• email at enquiries@naturalengland.org.uk

Using and sharing your information

There is significant public interest in wildlife licensing and in people who have a wildlife licence, so we may make some of your information publicly available.

For more information, see our wildlife licencing privacy notice.