Statutory guidance

Licence to cage-trap badgers for bovine TB vaccination (CL48)

Updated 27 April 2023

Applies to England

Date of issue: 27 April 2023
Valid until: 30 November 2024
Reference: WML-CL48

This licence permits the use of cage traps to capture badgers (Meles meles) so they can be vaccinated against bovine tuberculosis (TB). This is for the purpose of preventing the spread of disease.

It also permits the use of artificial light, if required.

Before you register

You must complete the Bovine TB: Badger vaccination training and provide proof of this when you register.

Registering to use this licence

Complete the form register as an authorised person to get a licence to cage-trap badgers.

What happens after you register

Defra will review your registration form to check you are eligible for this licence.

Natural England will also review your registration if you need the Licence to mark cage-trapped badgers to enable the identification of individuals administered with a badger BCG vaccine (CL49).

It usually takes around 2 working days to hear back.

If successful, you’ll receive an email and letter confirming you’re registered as an authorised person for this licence and CL49, if required.

You cannot use either of these licences until you’ve received this confirmation.

After you’re registered, you’ll be added to a list of registered licence holders.

Where you can use this licence

This licence is valid in England, landward of the mean high-water mark (mark that shows the highest level that the sea or river reaches at a particular place).

When you can use this licence

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

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 one or both of the following applies:

• 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You cannot use this licence if the Secretary of State has withdrawn your permission to use it.

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• have your licence withdrawn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

The Secretary of State will notify you in writing if your authorisation to use this licence is withdrawn. This may affect your ability to use any other wildlife management licences you may have.

Licence conditions

This licence only permits you to use cage traps to capture badgers so they can be vaccinated against bovine TB to prevent the spread of disease and for no other purpose.

You must meet all the licence conditions relevant to your activities.

You must also follow the Additional conditions for CL48 and CL49: to protect land, species and habitats when cage-trapping or marking badgers, if they are relevant to where you want to use this licence.

Condition 1: protecting animal welfare

You must not cause unnecessary suffering to badgers when using this licence.

You must not set traps to catch when weather conditions are, or are likely to be, extreme. For example, in strong wind, heavy or prolonged rain, or very low or high temperatures.

You must place traps in areas that have natural cover to:

• shelter animals from the weather
• reduce the risk of the public finding them

Before you set traps you must have a directing vet available on call so they can be at the trapping location in less than an hour, if needed in an emergency. If the directing vet cannot attend, they must delegate responsibility to an attending vet.

Advice: how to protect animal welfare

When carrying out the authorised activities under this licence, you must follow all relevant legislation. For further information, read the Animal Welfare Act 2006: what it means for wildlife.

Condition 2: trapping in the open season

You can only set traps under this licence during the open season. This runs from 1 May to 30 November each year.

After the open season ends, you must keep any traps left outside fixed open or closed so they cannot accidentally capture an animal. You must remove any bait from the trap.

Advice: vaccinate for 4 open seasons

You should plan to vaccinate at the same sett or trapping location for at least 4 consecutive open seasons. This is so you can vaccinate badger cubs or adults who join the social group.

Condition 3: accessing land

You must get permission from the relevant landowner to access land you want to place traps on. This licence does not give you the right to enter private land.

Advice: how to get land access

You should get:

• a written agreement from the landowner to say that you can access their land
• a map that shows the areas you’ve been given access to

You should give a copy of this map to Defra, if requested.

Condition 4: placing traps

You must not place traps:

• in areas at risk of flooding
• along fence lines where barbed wire could injure animals in the trap
• where they could block access to badger sett entrances or tunnels

If traps are on a slope, make sure they are stable and cannot roll over if a trapped animal moves around inside.

Advice: where and when to place your traps

Complete a survey of the land so you know:

• where to set cage traps to catch
• the level of badger activity at the sett
• how many traps you need

You should place your traps during the daytime when badgers are unlikely to be active above ground. Avoid areas where:

• livestock or domestic animals could disturb, get injured by or caught in the trap
• they can be easily located by the public

For more information, read the guidance on how to cage-trap and mark badgers to enable vaccination to prevent the spread of bovine TB.

Condition 5: recording and reporting your activity

You must keep accurate and sharable records of where you set your traps. This is so another person can easily find your traps in case you are unable to check them yourself.

You must report all activity you’ve taken under this licence to Defra. This includes:

• setting cage traps to catch
• vaccinating and marking badgers
• releasing animals caught in your traps
• adverse reactions to the vaccine
• getting advice from a vet

Defra will share this information with the Animal and Plant Health Agency and Natural England.

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

Condition 6: checking cage traps

You must check if your trap has captured an animal the morning after you set the trap to catch. Unless you need to get help from a vet, you must release the animal as soon as possible after dawn and before:

• 9:30am in May to August
• 10:30am in September
• 11:30am in October and November

Advice: how to check your traps

If traps you’ve set to catch have been out in unexpected extreme weather, check them first.

Approach traps slowly and quietly to avoid causing unnecessary stress to any animals inside the trap.

Traps should be checked by either:

• the person who set them
• someone who oversaw them being set

The directing or attending vet can provide treatment or advice if you have trapped a badger that:

• is or appears to be injured
• has an abnormal condition
• is found dead

Condition 7: vaccinating badgers

You can only vaccinate badgers captured under this licence, and mark them under licence CL49, if you have also completed an approved vaccination training course.

A qualified vet can vaccinate badgers captured under this licence without needing to register as an authorised person but:

• someone who is registered under this licence must be present during the vaccination
• they cannot mark or release the badger once vaccinated

A badger can only be vaccinated if:

• there’s no evidence that it’s been vaccinated previously in the same open season
• it’s been assessed as being fit to vaccinate by the person giving the vaccine, using the objective welfare assessment from the cage-trap and mark badgers to enable vaccination to prevent the spread of bovine TB guidance

Advice: if a badger has died after being vaccinated

Get advice from your directing or attending vet if a badger has died from a suspected reaction to the vaccine. They should advise you on what to do with the carcass.

For more information on the health and welfare assessment and dealing with adverse reactions to the vaccine, read the cage-trap and mark badgers to enable vaccination to prevent the spread of bovine TB guidance.

Condition 8: marking badgers

After vaccinating the badger, someone registered under licence CL49 must temporarily mark it with a fur clip and stock marker. They must follow the conditions of licence CL49.

Check for any suspected adverse reaction to the vaccine. You must get help from your directing or attending vet if a badger:

• collapses
• convulses
• cannot move
• develops immediate large swelling around the neck or face
• is injured during the vaccination process

You must report any suspected adverse reactions to the vaccine as explained in condition 5: recording and reporting your activity.

Condition 9: releasing badgers

You must release the badger at the point of capture after you’ve vaccinated and marked it and confirmed it’s fit for release.

If you capture a young cub, you must safely lift the whole trap with the cub inside and release it at the entrance of the nearest active sett.

You must get help from your directing or attending vet if you have any doubt about whether a badger is fit for release.

If you’ve caught a badger that is already marked, you still need to assess if it’s fit to release before returning it to the point of capture.

If a marked badger is recaptured, you must not set traps to catch again at that location. This is to reduce the risk of a badger getting trapped for more than 2 nights.

Condition 10: releasing non-target animals

You must release any captured non-target animals as soon as possible, at the place of capture, unless they cannot be legally released.

If you trap non-target animals, what you should do depends on if they are:

• domesticated
• wild
• wild and require a separate licence to be handled

Advice: domesticated animals

If the animal shows no sign of injury, you must immediately:

• release it at the point of capture
• return it to its owner, if possible

If the domesticated animal is injured, you must immediately:

• get it treated by a vet
• inform its owner, if possible

Advice: wild animals that can be released without a licence

If you trap a wild non-target animal, you must release it immediately at the point of capture, if it’s fit to release.

If the wild animal is seriously injured, and it would be inhumane to release it, you must immediately take it to a vet or kill it humanely.

Advice: wild animals that cannot be released without a licence

You must not release any animal that does not regularly live in or visit Great Britain (England, Scotland and Wales) for example, a raccoon or coati.

You must follow the rules for Part 1, Part 1A and Part 1B species if you catch a species listed in schedule 9 of the Wildlife and Countryside Act 1981.

For Part 1 species, such as Canada geese and ring-necked parakeets, you must either:

• release it if you have a licence
• kill the animal quickly and humanely

For Part 1A species, such as barn owls, red kite and goshawk, you must release it as soon as you find it, following the conditions of licence GL22.

For Part 1B species, such as beavers, you must either:

• release the animal as soon as you find it, at the point of capture – following the conditions of licence GL22
• keep the animal in captivity
• release it at another location if you have a licence
• kill the animal quickly and humanely

If you catch a species listed as an invasive non-native (alien) animal, such as a grey squirrel, you must not release it. You must quickly and humanely kill it or give it to a premises licensed to keep it.

For a list of licensed premises contact Natural England at [email protected].

Condition 11: cage trap specifications

To capture live badgers humanely, your cage traps must be certified and suitable for use in England.

If your trap was made on or after 28 March 2019, it must have a permanent mark from the manufacturer that shows its type and make are certified.

You must use traps that:

• are at least 1 metre long
• are at least 35cm wide and 35cm high
• are constructed from 5cm square 8-gauge mesh
• have a string-activated door
• have no sharp edges or other damaged parts that could injure animals

Advice: checking traps before placing them

You should check your traps are in good working condition each time before you use them.

Replace or repair any faulty or damaged parts.

Condition 12: using an approved triggering mechanism

To reduce the risk of injury to badgers, you must only use approved triggering mechanisms and materials. These are:

• twine, wire and stone
• twine triangle

In any part of the trap, you must not use:

• polypropylene garden or baler twine
• parachute cord
• fishing lines
• electric fence wire

Advice: using an approved triggering mechanism

For information on triggering mechanism methods, read the guidance cage-trap and mark badgers to enable vaccination to prevent the spread of bovine TB.

Condition 13: cleaning and disinfecting equipment

Clean your traps and equipment every time you set traps at a new sett or trapping location with an approved disinfectant for TB.

Condition 14: site visits from Natural England

Defra have appointed Natural England to conduct site visits to check licence users are following this licence’s terms and conditions.

If you’re asked to contact Natural England to check compliance with licence conditions, you must:

• allow Natural England to monitor your activity
• help Natural England to arrange site visits

Legislation

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

The Secretary of State for Environment, Food and Rural Affairs has issued this licence under the power in section 10(2)(a) of the Protection of Badgers Act 1992 and section 16(3)(g) of the Wildlife and Countryside Act 1981. This licence complies with Article 9(1) of the Bern Convention.

Natural England has advised the Secretary of State and Defra on how this licence should be granted.

The Secretary of State may change or revoke this licence at any time.

Get help

For enquiries about this licence email us at [email protected].

For all other enquiries contact Defra by:

• telephone on 03459 33 55 77
• email at [email protected]