Statutory guidance

Licence to rear chicks from the incubated eggs of captive-bred schedule 4 birds (GL11)

Updated 1 January 2024

Applies to England

General licence GL11: to permit the rearing of chicks from the incubated eggs of captive-bred Schedule 4 birds.

Overview

This licence permits the rearing of chicks from the incubated eggs of captive-bred Schedule 4 birds (Wildlife and Countryside Act 1981 (as amended)) and the keeping of said chicks without ringing and registration for up to for 15 days, to allow the young birds reach a sufficient age to bear a ring. The exceptions are golden eagle (Aquila chrysaetos) and white-tailed eagle (Haliaeetus albicilla), which may be kept without ringing and registration for up to for 30 days.

Registration: Users do not need to register to use this licence.

Recording and reporting: There is a data recording requirement.

Reference: WML – GL11.

Legislation

Statute(s) Wildlife and Countryside Act 1981 (as amended) (‘the 1981 Act’).

Section(s) This licence is issued under sections 16(1)(e) and 16(5).

Licence terms and conditions

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

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 for aviculture.

What this licence permits

Subject to all the terms and conditions of this licence and solely for the purpose stated above, this licence permits Anyone to keep, without registration, newly hatched chicks of captive-bred Schedule 4 species for up to 15 days, except golden eagle (Aquila chrysaetos) and white-tailed eagle (Haliaeetus albicilla), which can be kept for a maximum of 30 days.

Who can use this licence

This licence can be used by anyone, 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

“Wildlife crime” means any offence under the Conservation of Habitats and Species Regulations 2017 (‘the Habitats Regulations’), 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

1. Any bird incubated or kept under this licence must have been bred in captivity. A bird shall not be treated as bred in captivity unless its parents were lawfully in captivity when the egg from which it hatched was laid. Documentary evidence of captive breeding must accompany any temporary transfer for incubation purposes.
   
   
2. A person incubating Schedule 4 eggs shall keep a record of all live chicks hatched. That record shall contain the following information:
   
   i. the date and place where the egg was hatched
   
   ii. if the person incubating the egg is not the owner, then the name and address of the owner of the hatched chick must also be included
   
   
3. The record shall be retained for a period of 24 months from the date the egg was hatched.
   
   
4. The keeper of any Schedule 4 bird shall if requested by an Official of the Department for Environment, Food and Rural Affairs, or a Police Officer, produce the completed record as required by Condition 2.
   
   
5. The keeper of any Schedule 4 bird will, if requested by an Official of the Department for Environment, Food and Rural Affairs or Natural England, or a Police Officer, make the bird available for a sample of blood, tissue or feather to be taken from the bird. Blood samples will be taken by a qualified veterinary surgeon. Such a sample may be used to establish the ancestry of the bird.
   
   
6. The keeper of any Schedule 4 bird shall permit entrance at any reasonable time to an Official of the Department for Environment, Food and Rural Affairs or Natural England, or a Police Officer, to enter any premises used for the purposes of:
   
   i. inspecting the premises where the chick is kept, and
   
   ii. inspecting the chick.
   
   
7. All relevant animal welfare legislation must be complied with at all times, including the Animal Welfare Act 2006 (see Information and advice note e)

8. Natural England must be notified within 5 working days if, on your site, you find:

• 1 or more dead birds of prey (such as an owl, hawk or buzzard)
• 3 or more dead birds that include at least 1 gull, swan, goose or duck
• 5 or more dead wild birds of any species

Only report birds that have died by unknown causes, not by licensed action.

Notify Natural England by emailing wildlife@naturalengland.org.uk.

You should also report dead wild birds to the Department for Environment, Food and Rural Affairs. See avian influenza advice note for more information.

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 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 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.

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

Information and advice specific to this licence

Avian influenza

Avian influenza (bird flu) is a notifiable animal disease. You should use the online service to report dead wild birds if you find:

• 1 or more dead birds of prey (such as an owl, hawk or buzzard)
• 3 or more dead birds that include at least 1 gull, swan, goose or duck
• 5 or more dead wild birds of any species

The law

a. Section 7(1) of the 1981 Act provides that it shall be an offence if any person has in his possession or under his control any bird included in Schedule 4 which has not been registered and ringed or marked in accordance with regulations made by the Secretary of State. This licence allows the keeping of newly hatched chicks without requirement to register hatchlings with the Department for Environment, Food and Rural Affairs, for a short period of time. This is a maximum of 15 days after the chick has hatched, except for golden eagle (Aquila chrysaetos) and white-tailed eagle (Haliaeetus albicilla), which can be kept for a maximum of 30 days before registration. Normal registration and ringing requirements apply once the 15-day (or 30-day) period has elapsed.

b. Natural England has issued this licence in exercise of the powers conferred by the 1981 Act. Visit Legislation.gov.uk to view the full text of this legislation.

c. Section 16 of the 1981 Act provides that the offences in Part 1 of the 1981 Act shall not apply to anything done under and in accordance with the terms of a licence granted by the appropriate authority, which is, in England, Natural England.

d. A licence in similar terms has been issued by the Scottish Executive in respect of Scotland and the National Assembly for Wales in respect of Wales.

Relevant legislation and good practice

e. 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. 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. The application of Animal Welfare Act 2006 to wildlife management activities is explained in Natural England leaflet Wildlife Management Advice Note: The Animal Welfare Act 2006: what it means for wildlife (WML-GU02).

Information and advice for all class and general licences

General information

f. Ordinarily, licences will be reissued on 1 January each year - 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.

g. 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

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

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

j. 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.

Contact Natural England for licensing enquiries

Telephone: 020 802 61089

Email: wildlife@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

WML-GL11 [version January 2024]