Statutory guidance

Licence to sell captive bred live birds (GL18)

Updated 1 January 2024

Applies to England

General licence GL18: to permit the sale of certain captive bred, live wild bird species and their hybrids.

Overview

This licence permits the sale of certain captive bred (as defined in Condition 1 below), live wild bird species and their hybrids with certain exceptions. Exceptions include:

• species that are already permitted to be sold under the legislation (ie Schedule 3 Part 1 birds)
• specimens on Annex A (of European Council Regulation (EC) no 338/97) unless an Article 10 certificate (under CITES) has been obtained
• birds listed on Appendix 1 of this licence: for these species an individual licence must be sought

Most captive birds sold under the terms of this licence are required to be close rung.

Appendix 2 contains a list of birds that do not require rings. Users must comply with licence terms and conditions.

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

Recording and reporting: none required.

Reference: WML – GL18.

Legislation

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

Section(s) This licence is issued under section 16(4)(a).

Licence 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 for which this licence is issued: This licence can only be used to permit the sale of certain captive bred, live wild bird species and their hybrids.

What this licence permits

Subject to all the terms and conditions of this licence and solely for the purpose(s) stated above, this licence permits:

i) the sale (which in this licence includes hire, barter or exchange), offer or exposure for sale, possession or transport for the purpose of sale, or

ii) the publication or the causing to be published of any advertisement likely to be understood as conveying the buying or selling, or the intention of buying or selling; of any captive bred (as defined in Condition 1) live wild bird of a species not listed in:

a. Appendix 1 of this licence, or

b. Annex A of Council Regulation (EC) No. 338/97 (as incorporated in UK law as retained EU law), unless an Article 10 certificate has already been obtained, or

c. Schedule 3 Part I to the 1981 Act (see Information and Advice note d)

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

“Wild bird” has the same meaning as in section 27 of the 1981 Act.

“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 sold 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 sale, hire, barter or exchange of birds bred in England or Wales. There is no requirement for documentary evidence of captive breeding for imported birds.

2. With the exception of the birds listed in Appendix 2 of this licence (which may be sold without a ring), any bird sold under this licence must have at least one leg fitted with a ring by means of which the bird may be identified. This ring must:
   
   a. have no break or join
   
   b. have been commercially manufactured for the purpose of being fitted onto birds, and
   
   c. not be removable from the bird’s leg when it is fully grown
   
   The ring must meet the ringing requirements of the country in which the bird was hatched.
   
   For any bird sold under this licence which is on Schedule 4 to the 1981 Act, the close ring must meet the marking requirements of CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) (see Information and Advice note c).
   
   
3. The owner or keeper of any bird to be sold under this licence 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. Blood samples will be taken by a qualified veterinary surgeon. Such a sample may be used to establish the ancestry of the bird.
   
   
4. All relevant animal welfare legislation must be complied with at all times, including the Animal Welfare Act 2006 (see Information and Advice note g).

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

Guidance on documentary evidence of captive breeding

Natural England’s guidance on documentary evidence is as follows: Persons intending to rely on the General Licence must be able to demonstrate that birds are legally held and captive-bred, and are advised to:

• only purchase birds from breeders who are able to satisfactorily demonstrate that they are complying with the relevant regulations
• confirm, insofar as they are able, that the bird’s identification and age are correct and
• check that the bird is correctly ringed

Written documentary evidence of birds captive-bred in England and Wales should always be obtained from the breeder. Documentation should be signed and dated, cite the bird’s species, ring number and any other identification mark (such as microchips), hatch date, along with similar details for the parent birds, and the breeder’s contact details.

The breeding of captive Mallard for release into the wild to supplement wild stocks for sporting and conservation interests is an established practice in England. Therefore, in most circumstances, the provision of an invoice documenting the sale of Mallard at all ages, including the number of birds sold and providing contact details of the breeder, should provide sufficient documentary evidence for Mallard captive-bred in England or Wales.

Non-native (alien) species

a. Species listed as an invasive non-native (alien) animal are restricted by the Invasive Alien Species (Enforcement and Permitting) Order 2019. It is an offence to keep, breed, transport, place on the market, or use or exchange any such species.

b. It is an offence to release into the wild any species:

• listed in Schedule 9 of the 1981 Act (under section 14 of the 1981 Act)
• not ordinarily resident in and not a regular visitor to Great Britain in a wild state (under section 14 of the 1981 Act and Article 3 of the Invasive Alien Species (Enforcement and Permitting) Order 2019 (‘the 2019 Order’); or
• listed as an invasive non-native (alien) animal (under the 2019 Order)

Avian influenza  (bird flu) 

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

c. Section 7 of the 1981 Act (and regulations made under that section) provides for the registration and ringing of captive birds included in Schedule 4 to the 1981 Act. Statutory Instrument 2008/2357 has most recently amended the regulations to allow the Secretary of State to accept a marking of a bird in accordance with CITES as an alternative to a ring provided by the Secretary of State.

d. Birds listed on Schedule 3 Part 1 of the 1981 Act are already permitted to be sold under the 1981 Act, providing the ringing requirements of SI 2017/1213 are met.

e. 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.

f. 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. Relevant legislation and good practice.

g. 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

h. 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.

i. 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

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

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

l. 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

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

Appendix 1: Birds that cannot be sold under this licence

Birds of the following species may only be sold under an individual licence issued by Natural England.

A. Sales restricted for conservation reasons

Mute Swan (Cygnus olor).

B. Sales restricted in order to prevent establishment or spread

All bird species listed as an invasive non-native (alien) animal

Appendix 2: Birds that do not need a ring to be sold under this licence

Common name	Scientific name
Mandarin duck	Aix galericulata
Carolina duck	Aix sponsa
Pintail	Anas acuta
American wigeon	Anas americana
Green-winged teal	Anas carolinensis
Shoveler	Anas clypeata
Common teal	Anas crecca
Blue-winged teal	Anas discors
Wigeon	Anas penelope
Mallard	Anas platyrhynchos
Garganey	Anas querquedula
Black duck	Anas rubripes
Gadwall	Anas strepera
White-fronted goose	Anser albifrons
Greylag goose	Anser anser
Pink-footed goose	Anser brachyrhynchus
Snow goose	Anser caerulescens
Lesser white-fronted goose	Anser erythropus
Bean goose	Anser fabalis
Ring-necked duck	Aythya collaris
Pochard	Aythya ferina
Tufted duck	Aythya fuligula
Scaup	Aythya marila
Brent goose	Branta bernicla
Canada goose	Branta canadensis
Barnacle goose	Branta leucopsis
Red-breasted goose	Branta ruficolis
Goldeneye	Bucephala clangula
Long-tailed duck	Clangula hyemalis
Berwick’s swan	Cygnus bewickii
Whooper swan	Cygnus cygnus
Harlequin duck	Histrionicus histrionicus
Velvet scoter	Melanitta fusca
Common scoter	Melanitta nigra
Surf scoter	Melanitta perspicillata
Smew	Mergus albellus
Hooded merganser	Mergus cucullatus
Goosander	Mergus merganser
Red-breasted merganser	Mergus serrator
Red-crested pochard	Netta rufina Stellers
Eider	Polysticta stelleri
Eider duck	Somateria mollissima
King eider	Somateria spectabilis
Ruddy shelduck	Tadorna ferruginea
Shelduck	Tadorna tadorna

GL18 [version – January 2024]