Statutory guidance

Licence to catch and relocate white-clawed crayfish to maintain water bodies (licence CL23)

Updated 1 January 2024

Applies to England

Class licence CL23: to permit the maintenance of water bodies inhabited by the white-clawed (or Atlantic stream) crayfish.

Overview

This licence has been issued to allow suitably experienced and competent persons to move white-clawed crayfish (Austropotamobius pallipes) away from harm when maintenance works are being undertaken.

White-clawed crayfish are afforded only partial protection, making it lawful to undertake works which would kill them but unlawful to move them to safety without a licence.

Due to their severely declining population levels, it is important that all activities that would result in death of native crayfish are avoided where possible. This licence therefore permits the movement of white-clawed crayfish from working areas to safe locations to allow necessary maintenance of watercourses, and infrastructure located within water bodies. It does not permit the removal of white-clawed crayfish from water bodies so as to permit the construction of new structures, except for those necessary to enable maintenance works – such as bunding or temporary silt trap. Such works should follow best practice and be performed under individual licences where required.

The Class licence is issued to enable and therefore encourage projects to move native crayfish away from potential harm, rather than incidental killing, of this species, which will benefit populations in the longer term.

It only permits taking of white-clawed crayfish between 1 July and 30 September, and where there is only likely to be a small and temporary impact.

Small numbers of crayfish might still be accidentally killed within the working area and small scale temporary habitat damage or destruction will result from maintenance activities. However, we expect overall that harm will be minimised with individuals moved from the footprint of works to safety, and that affected populations will survive with equal, if not improved, conservation status.

If you wish to take crayfish using hand or hand-net techniques, then this licence gives authorisation under both the Wildlife and Countryside Act 1981 (as amended) and the Salmon and Freshwater Fisheries Act 1975 (as amended) (‘the 1975 Act’) and you do not require a separate permit from the Environment Agency in respect of the 1975 Act.

If works cannot be undertaken in compliance with this licence then contact Natural England for advice before proceeding with the planned works. It is possible that you may require an individual licence to undertake the proposed works.

Registration: Anyone wishing to use this licence must first apply to Natural England to be registered using form WML-CL23A (see Information and Advice notes j - m).

Recording and reporting: There are data recording and annual reporting requirements.

Reference: WML – CL23.

Legislation

Statute(s): Wildlife and Countryside Act 1981 (as amended) (‘the 1981 Act’) and Salmon and Freshwater Fisheries Act 1975 (as amended) (‘the 1975 Act’).

Section(s): This licence is issued under sections 16(3)(c),16(3)(f), 16(3)(g), 16(3)(h) and 16(5) under the 1981 Act and section 27A of the 1975 Act.

Licence terms and conditions

Valid for the period: 1 January 2024 to 31 December 2024.

Area valid in: All counties of England (landward of the mean low water mark).

Purpose(s) for which this licence is issued: This licence can only be used to:

• conserve wild animals, and/or
• preserve public health or public safety

What this licence permits

Subject to all the terms and conditions of this licence and solely for the purposes stated above, Natural England and the Environment Agency authorise Registered Persons, their Accredited Agents and their Assistants to:

Take white-clawed (or Atlantic stream) crayfish (Austropotamobius pallipes) while engaged in maintaining water bodies by means of the following 2 methods only:

• hand
• hand net

Subject to all the terms and conditions of this licence and solely for the purposes stated above, Natural England authorise Registered Persons, their Accredited Agents and their Assistants to take white-clawed (or Atlantic stream) crayfish (Austropotamobius pallipes) while engaged in maintenance of water bodies by means of crayfish trap only.

NB: in order to operate traps lawfully you will need a separate permission from the Environment Agency as well as this licence.

Who can use this licence

This licence can only be used by Registered Persons* and their Accredited Agents* and Assistants* except those convicted on or after 1 January 2010 of a wildlife crime* - unless, in respect of that offence, either:

• they are a rehabilitated person for the purposes of the Rehabilitation of Offenders Act 1974 and their conviction is treated as spent, or
• a court has made an order discharging them absolutely

Any application by a person to whom this exclusion applies for an individual licence will be considered on its merits.

*: see Definitions

Definitions used in this licence

“Registered Person” is a person who has successfully registered to use this licence.

“Accredited Agent” is a suitably trained and experienced person who is able to carry out work under a licence without the personal supervision of the Registered Person. A Registered Person should only authorise an Accredited Agent if they can personally assure that the individual is appropriately experienced, skilled and competent to undertake activities under this licence.

“Assistant” is a person assisting a Registered Person or Accredited Agent. Assistants are only authorised to act under this licence whilst they are under the direct supervision of either the Registered Person or an Accredited Agent.

“Wildlife crime” means any offence under the Conservation of Habitats and Species Regulations 2017, the Wildlife and Countryside Act 1981, the Protection of Badgers Act 1992, the Deer Act 1991, the Hunting Act 2004, the Wild Mammals (Protection) Act 1996, the Animal Welfare Act 2006, the Protection of Animals Act 1911 (all as amended) or the Invasive Alien Species (Enforcement and Permitting) Order 2019.

Licence conditions

General

1. It is the responsibility of Registered Persons to maintain their expertise at an appropriate level to act under this licence and it is also their responsibility to ensure that Accredited Agents and Assistants have appropriate training, experience and instruction, including on mitigation measures commonly employed, to act under this licence (see Condition 8).

2. The licence permits the taking (including capture) of white-clawed crayfish only between 1 July and 30 September (inclusive) when undertaking maintenance of water bodies including those activities related to:
   
   i. road, rail and foot bridge repairs
   
   ii. culvert repairs
   
   iii. canal Lock repairs
   
   iv. silt trap maintenance
   
   v. bank maintenance works of c.10-20 m in length
   
   vi. in-channel maintenance works of c.10-20 m in length
   
   vii. reservoir maintenance operations for example, spillway and sluice works
   
   
3. Any person relying on this licence must carry a copy with them whilst undertaking any activities under this licence.
   
   
4. Traps may only be used under this licence when a separate permission from the Environment Agency has been granted. Any trap used must conform to specifications set by the Environment Agency.
   
   
5. To use this licence you must either:
   
   i. be a Registered Person (see Information and Advice notes j - m for registration procedures and Definitions)
   
   ii. be authorised as an Accredited Agent (see Definitions) by a Registered Person, in which case you are only permitted to act under the authority of this licence if you are in possession of a letter signed by the Registered Person appointing you by name as a duly Accredited Agent for the purpose of this licence. Accredited Agents shall carry a copy of the said letter when acting under the licence and shall produce it to any police or Natural England officer on request; or
   
   iii. be authorised by a Registered Person or their Accredited Agent to act as an Assistant (see Definitions), in which case you may act under the authority of this licence so long as you are doing so under the direct supervision of a Registered Person or their Accredited Agent
   
   
6. The Registered Person is responsible for all activities carried out under this licence, including activities carried out by their Accredited Agents and their Assistants.
   
   Biosecurity and non-native species
   
   
7. Licence users must follow the Check-Clean-Dry campaign actions and procedures.
   
   Check - all clothing and equipment should be thoroughly inspected and any visible debris (mud, plant or animal matter) should be removed and left at the water body where it was found. Particular attention must be paid to the seams and seals of boots and waders. Any pockets of pooled water should be emptied.
   
   Clean - equipment should be hosed down or pressure-washed on site. If facilities are not available equipment on site, equipment should be carefully contained, for example, in plastic bags, until they can be found. Washings should be left at the water body where the equipment was used, or contained and not allowed to enter any other watercourse or drainage system (do not put them down the drain or sink). Where possible, clean equipment should be dipped in disinfectant solution to kill diseases, but note this is unlikely to kill non-native species.
   
   If vehicle tracks, wheels or other large equipment cannot be thoroughly cleaned on site they shall be pressure-washed with hot water and time allowed for them to dry before delivery to another site. If vehicle washing is carried out it must be done away from any watercourse and any drains connecting to the watercourse. Pumps and pipework shall be repeatedly flushed during the cleaning process (see Information and Advice note d).
   
   Dry - thoroughly drying is the best method for disinfecting clothing and equipment. Boots and nets should be hung-up to dry. Equipment should be thoroughly dry for 48 hours before it is used elsewhere. Some non-native species can survive for as many as 15 days in damp conditions and up to two days in dry conditions, so the drying process must be thorough.
   
   Working under the licence – pre-work briefing
   
   
8. The Registered Person must ensure, before any works commence on site, that all those involved in the licensed works understand:
   
   - that crayfish may be present and the basics of the legislation
   
   - the measures that will be used to prevent harm to white-clawed crayfish
   
   - good working practices
   
   - the licensed activities
   
   - identification of white-clawed crayfish and what to do if one is found
   
   - identification of non-native crayfish and what to do if one is found.
   
   A written record that this has been undertaken must be kept and made available to Natural England or any police officer on request within two days.
   
   Licensed works: work planning
   
   
9. Work planning must include an assessment of the likely impact of the works upon white-clawed crayfish. Prior to undertaking any works the following should be completed. A survey of the area identifying working area(s), receptor site(s), and other areas of works (downstream measures to reduce siltation and suspended solids). Any site assessment or survey must be undertaken at the correct time of year and using the correct methods.
   
   
10. An assessment of likely impacts must be made and plans to avoid or mitigate for these drawn up. It may be very easy and also cheap to leave the site with improved opportunities for crayfish after the works have completed by allowing suitable habitat, especially refuges (eg, large stones) to remain or be reinstated.
    
    
11. Suitable receptor sites for white-clawed crayfish must be identified in advance. These should normally be upstream of the works to avoid any possible siltation impacts (see Condition 9). If no close suitable upstream sites are available, then a downstream site may be identified instead. The receptor site should be close enough to the works area to allow re-colonisation of that area by animals dispersing from the receptor site after works have been completed. It must also be large enough to avoid exceeding the habitat carrying capacity (see Information and Advice note i).
    
    
12. If improvements to identified receptor sites are required or desired, then these must be put into place before works commence.
    
    Licensed works: capture and relocation
    
    
13. Any hand capture, netting or trapping exercises must be undertaken in accordance with best practice and be those likely to capture most crayfish present at the site. Records must be maintained of the sex and carapace length of all captured animals. An effective crayfish rescue (in season) is likely to capture a similar amount of males and females. At least 50% of the catch in a healthy population should be immature crayfish (<25 mm carapace length). Trapping does not normally capture immature crayfish, and trapping alone typically leaves at least 95% white-clawed crayfish in-situ.
    
    
14. All white-clawed crayfish taken under this licence must be released within the same watercourse or water body from which they were taken and at the closest possible safe location to the site of capture.
    
    Licensed works: in channel activities
    
    
15. Any mechanical excavator or equipment should work from the bank side only, not in the water body, unless absolutely necessary and only work in the channel after dewatering the channel or working area.
    
    
16. Pumps: Any pumps must be fitted with a suitable mesh guard to reduce chances of drawing up crayfish, fish, and other animals, and must be checked regularly to remove any trapped animals.
    
    
17. Drawdowns: This phase of any dewatering exercise is likely to reveal the most crayfish as individuals will leave their refuges when water levels drop and can be seen moving towards the water level. If dewatering of the work area is undertaken then a systematic search and removal of crayfish should be undertaken throughout the working area during and immediately after drawdown. Any and all suitable habitat and features within the drawdown area should be searched by hand in a systematic manner to maximise the chances of discovery and removal of individuals.
    
    
18. Clearing footprints for structures: any bund, silt trap or other works footprints and pump head zones must be searched and cleared of crayfish before construction begins. This must be undertaken under supervision of a licensed ecologist. Once the area is clear of crayfish, material must be installed with minimal delay to prevent crayfish re-entering the area.
    
    
19. Bund removal: Where a bund or other temporary structure has potential to have provided temporary refuges for crayfish its removal must be undertaken under supervision of a licensed ecologist. Any white-clawed crayfish discovered on bund removal shall be captured, recorded and moved to the nearest receptor site.
    
    Licensed works: movement and relocation to receptor areas
    
    
20. Clean buckets must be used to transport crayfish in clean water taken from the working channel. Unless the animals are to be moved quickly, the buckets must have battery powered aerators and be checked regularly. In addition, animals must be kept cool and shaded.
    
    
21. Sufficient staff, clean clothing and equipment must be provided for any capture and relocation programme. Should numbers detected during the capture exercise exceed those expected and provided for, then the programme must be delayed until sufficient staff are present.
    
    
22. Captured crayfish should be transported in similar size classes and moved within as short a time period after capture as possible.
    
    
23. Crayfish must only be released into receptor sites which have suitable habitat and have the carrying capacity for the numbers of animals present and being released.
    
    
24. Where possible individuals should not be released at a refuge which was used in prior releases to prevent competition and predation.
    
    Recording and reporting requirements
    
    
25. The Registered Person must comply with the recording and reporting requirements specified in Annex A. Records are to be kept for at least 24 months beyond the expiry date of this licence, and made available for inspection at any reasonable time by Natural England.
    
    
26. Reporting requirements must be met for the period 1 July to 30 September (inclusive) by no later than 31 January the following year.
    
    
27. If conditions 25 and 26 are not met then the Registered Person will, by default, no longer be considered registered to act under this licence.
    
    
28. The Registered Person must inform Natural England of any breach of this licence as soon as practicable after it becomes known to them.

Important

This licence authorises acts that would otherwise be offences under the legislation referred to above. Failure to comply with its terms and conditions:

i. may be an offence against the 1981 Act and/or 1975 Act or mean that the licence cannot be relied upon and an offence could therefore be committed. The maximum penalty available for an offence under the 1981 Act and 1975 Act is, at the time of the issue of this licence, an unlimited fine and/or a six month custodial sentence

ii. may result in your permission to use this licence being withdrawn. Natural England will inform any person or organisation whose permission to use this licence is withdrawn in writing. This sanction may be applied to other similar licences, and

iii. may mean that you are not able to rely on this licence as a defence in respect to the prohibitions within the Animal Welfare Act 2006 or the Wild Mammals (Protection) Act 1996. If the activity that you wish to undertake is not covered by this licence, or if you are unable to comply with any of the terms and conditions which apply to the use of this licence, then you will need to apply to Natural England for an individual licence.

This licence is not a consent for the purposes of Part II of the Wildlife and Countryside Act 1981 (as amended) in respect to SSSIs. It is your responsibility to get consent or assent if required before this licence can be used on any SSSI. See Advice (t - v) for further information.

Issued by and on behalf of Natural England on 1 January 2024.
Issued by and on behalf of the Environment Agency on 1 January 2024.

Information and advice specific to this licence

Guidance on surveying

a. Surveys should only be carried out during July to September. During the winter months crayfish show little activity spending long periods of time torpid in refuges, hence it would be difficult to locate crayfish or survey accurately. In the spring month females carry eggs and young during which time breeding success can be affected by handling. A class licence: WML-CL11 is available for surveying white-clawed crayfish.

Non-native species of crayfish

b. There are six species of non-native crayfish in England and Wales and it is illegal to release any of these species into the wild. Species listed as a species of Union concern, and hence being restricted by the Invasive (Alien) Species (Enforcement and Permitting) Order 2019, must not be released. This includes the following crayfish species:

• spiny-cheek crayfish (orconectes limosus)
• virile crayfish (orconectes virilis)
• signal crayfish (pacifastacus leniusculus)
• marbled crayfish (procambarus fallax f. virginalis)

Under section 14 of the 1981 Act it is an offence to release or to allow to escape into the wild any crayfish of a kind which is not ordinarily resident in Great Britain in a wild state or which is included in Part 1 of Schedule 9 to the 1981 Act. The Schedule currently includes the following crayfish species:

• noble crayfish (astacus astacus)
• Turkish crayfish (astacus leptodactylus)

however it is illegal to release any non-native (alien) species. It is recommended that any non-native crayfish caught under this licence should be killed in a quick and humane manner as soon as reasonably practicable after discovery. Non-native (alien) species may only be released under an individual licence obtained from Natural England.

c. The Environment Agency and Buglife have produced a leaflet to aid identification of crayfish species: Crayfish identification, distribution and legislation.

Biosecurity - disinfection

d. Disinfection of equipment and clothing must be with a multipurpose virucidal disinfectant where the use will not damage the item being disinfected. Where a disinfectant cannot be used, an idophor (at or above 100ppm available for iodine) can be used as a suitable alternative.

General welfare considerations

e. It is the responsibility of each person relying on this licence to use appropriate equipment (for example, traps and nets) and to ensure that they are competent to use such equipment so as to avoid causing unnecessary suffering.

f. Persons acting under a licence should have regard to legislation and good practice relevant to the action(s) undertaken, including animal welfare and the Animal Welfare Act 2006 (2006 Act). It is an offence to cause any unnecessary suffering to an animal (including birds) under the control of man (section 4 of the 2006 Act). This applies to the humane dispatch of captured animals and the treatment of animals held in traps or nets, including decoy birds and non-target animals. For advice on the relevance of the 2006 Act to wildlife management please refer to the Natural England leaflet The Animal Welfare Act 2006: what it means for wildlife.

g. Water voles and otters can be caught and die in traps set for crayfish, which is why this licence imposes restrictions on the types of traps that may be used to only those permitted by the Environment Agency (see Condition 4).

h. Sites with lots of water voles are unlikely to have many crayfish; they prefer different habitats. If there are water voles where crayfish are to be trapped alternative survey methods should be considered and the potential risks to water voles assessed. The Environment Agency has issued the following additional advice: Do not put traps near water vole burrows (a water vole burrow must not be blocked with a crayfish trap):

• If it is safe to do so, position traps away from the banks (traps in the middle of a stream or watercourse are less likely to catch water voles)
• If you do accidentally catch a water vole, stop trapping immediately and let your local Environment Agency Fisheries Officer know
• The entrance to the trap must be no more than 5.5 cm across or, if the entrance is more than 5.5 cm across, there must be an otter guard or restriction on the funnel leading into the trap.

Please note: an offence may be committed if you allow water voles or otters to drown in crayfish traps.

White-clawed crayfish receptor sites

i. Receptor site improvements are desirable, and can be very simple and cheap to employ - such as light coppicing of bank side trees to increase light levels in stream, or the provision of locally suitable and channel-appropriate refugia such as large stones.

Registering to use this licence

j. Only Registered Persons, or persons authorised or supervised by a Registered Person (see Conditions 5- 6), may act under this licence. Anyone seeking to become a Registered Person must apply to Natural England. Applications should be submitted using form WML-CL23A.

k. Once registered, a person is entitled to use this licence so long as they satisfy the licence’s terms and conditions; annual re-registration is not required. Failure to comply by the terms and conditions, including the recording and reporting requirements, will, by default, render registration null and void. The annual reporting process is used to verify a person’s desire to remain registered.

l. Anyone seeking to confirm whether a person is registered to use this licence should contact Natural England Wildlife Licensing.

m. A person’s registration may be revoked by Natural England, for example, if that person breaches the conditions of this licence. In these circumstances Natural England will normally give 28 days’ notice of our intention to revoke a person’s registration.

Information for all class and general licences

General information

n. Natural England checks compliance with licences and the attached conditions. Where breaches are identified, these may be subject to enforcement action.

o. Ordinarily, licences will be reissued on 1 January each year (NB: you do not need to re-register for those with registration requirements). Please note, however, that they can be modified or revoked at any time by Natural England or the Secretary of State, but this will not be done unless there are good reasons for doing so. You are advised to check the terms and conditions of a licence prior to your first use of it each year in case of amendments.

p. The common name of the species given in a licence is included by way of guidance only; in the event of any dispute or proceedings, it is the scientific name of a species only that will be taken into account.

The limits of licences

q. Licences permit action only for the purposes specified on that licence.

r. Licences do not permit actions prohibited under any other legislation, nor do they confer any right of entry upon land.

s. Unless otherwise stated the provisions of Natural England licences only apply landward of the mean low water mark in England. The Marine Management Organisation is responsible for all licensing seaward of the mean low water mark.

Protected sites

t. You can search for and view details about all SSSIs by using Natural England’s Designated Sites system. The notification documents for each SSSI contain a list of operations that require Natural England’s prior consent. Owners and occupiers of land notified as SSSIs are required to give written notice to Natural England before either beginning any of these operations, or allowing someone else to carry out those operations. SSSI consent can only be given to a SSSI owner or occupier. It may be given with or without conditions, or in some cases, consent may not be granted. A similar process applies to public bodies and statutory undertakers (as defined under Section 28G of the Wildlife and Countryside Act 1981 (as amended)) and this obligation applies even where the operations are carried out on land outside of the SSSI.

u. Please note that as the licensee you will not be able to undertake the licensed activity on a SSSI until the owner or occupier of the SSSI has applied for, and received, Natural England’s written SSSI consent. If you do so, you may be at risk of committing an offence. As the licensee, if you wish to exercise this licence on a SSSI you must contact the relevant owners or occupiers of the SSSI and ensure they give written notice to Natural England of their proposal to permit you to carry out licensed activity on their SSSI. You should wait until a SSSI consent decision has been received by the SSSI owner/occupier before you begin to exercise this licence on a SSSI. See Gov.uk for further information on how to get SSSI consent from Natural England.

v. In considering whether to issue consent or assent for activities likely to affect a SSSI that is a European Site, in other words a Special Protection Area (SPA) or Special Area of Conservation (SAC), Natural England will carry out a Habitats Regulations Assessment, as required by the Conservation of Habitats and Species Regulations 2017 (as amended) to ensure there will be no adverse effects on the European Site.

Using and sharing your information

w. There is significant public interest in wildlife licensing and in those who benefit from receiving a wildlife licence. We may make information publicly available, for more information, please see our privacy notice.

Contact Natural England For licensing enquiries

Telephone 020 802 61089

Email: wildlife.scicons@naturalengland.org.uk

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

For other enquiries use the Enquiry Service

Telephone: 0300 060 3900

Email: enquiries@naturalengland.org.uk

Website: https://www.gov.uk/government/organisations/natural-england

Annex A - Recording and reporting requirements

Records

The Registered Person must maintain a record of the following minimum information for all maintenance works undertaken using this licence (this also includes works conducted by Accredited Agents and Assistants acting under their authority):

• location (administrative area and a six-figure (minimum) Ordnance Survey grid reference)
• start and end date of the maintenance operations; and
• the respective sex and carapace length of all white-clawed crayfish and non-native crayfish species trapped or handled during works conducted under the authority of this licence.

All crayfish above 10mm carapace length can be sexed in the field.

Records must be kept, and available for inspection, for at least 24 months beyond the expiry date of this licence.

Reporting

Registered Persons are required to satisfy both of the following annual reporting requirements

1. Maintaining registration

To maintain your registration you are required to complete a report and you will need to confirm:

- whether any works have been carried out in the preceding calendar year (nil returns are required)

- location (administrative area and a minimum six-figure Ordnance Survey grid reference)

- date(s) the maintenance works were undertaken

- numbers of white-clawed crayfish and non-native crayfish species trapped or handled during works conducted under the authority of this licence

- ratio of male: female within the total number trapped or handled during the works conducted under authority of this licence

- percentage of immature crayfish (<25mm carapace length) within the total number trapped or handled during the works conducted under authority of this licence

- that any crayfish records have been submitted as per 2. below, and

- whether you wish to continue to be registered

2. Submitting crayfish observation information

If you (or any Accredited Agents or Assistants) find any crayfish during a reporting period then please enter details for each site online. Please make sure that you record your licence registration reference number in the ‘Licence number’ field on the ‘Other information’ page.

The deadline for completing both reporting requirements is 31 January in the year which follows the calendar year to which the reports relate. All licence report templates are available from the GOV.UK website at: https://www.gov.uk/government/collections/class-licences-for-wildlife-management.

WML-CL23 [version January 2024].