Statutory guidance

Licence to kill or take ruddy ducks (GL21)

Updated 1 January 2024

Applies to England

General licence GL21: to kill or take ruddy ducks.

Overview

This licence permits Authorised Persons to kill or take ruddy ducks (Oxyura jamaicensis) and to damage or destroy their nests and eggs. This licence can only be relied upon where activities are carried out for the purpose of conserving flora and fauna.

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

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

Reference: WML – GL21.

Legislation

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

Section(s) This licence is issued under sections 16(1)(cb), and sections 16(5) and 16(5A).

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 to conserve flora and fauna.

What this licence permits

Subject to all the terms and conditions of this licence and solely for the purpose stated above, this licence permits Authorised Persons to:

i. kill or take ruddy duck, to take, damage or destroy their nests or to take or destroy their eggs, and

ii. acting under ‘i’ above:

a. to use a semi-automatic weapon*

b. to use a cage trap, the dimensions of which do not satisfy the requirements of section 8(1) of the 1981 Act, and

c. to use any hand held or hand propelled net to take birds whilst not in flight

Who can use this licence

This licence can only be used by Authorised Persons* 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

“Authorised Person” is as defined in section 27(1) of the 1981 Act.

“To kill” includes accidentally wounding whilst attempting to kill in accordance with this licence.

“Humane” means taking all reasonable precautions to ensure that any killing of birds under this licence is carried out by a single, swift action.

“Semi-automatic weapon” means any weapon which is not prohibited by section 5 of the Firearms Act 1968 as amended and which has a magazine capable of holding more than two rounds of ammunition, where the depression of the trigger discharges a single shot and reloads the next, each subsequent shot requiring a further depression of the trigger.

“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. This licence does not authorise the use of any method of killing or taking which is prohibited by section 5 or section 8 of the 1981 Act, except as specifically permitted under “what this licence permits” ii above.

2. Any birds killed in accordance with this licence must be killed in a quick and humane* manner.

3. All relevant animal welfare legislation must be complied with at all times, including the Animal Welfare Act 2006 (see Information and Advice note f).

4. When in use, every cage trap used pursuant to this licence must be inspected at least once every day at intervals of no more than 24 hours except where this is not possible because of severe weather conditions. In such cases, every effort must be made to inspect the cage trap as soon as possible. Such an inspection must be sufficient to determine whether there are any live or dead birds or other animals in the trap (see Information and Advice note a).

5. At each inspection any dead animal, including any dead bird, caught in the trap should be removed from it (see Information and Advice note fii).

6. Where a cage trap is not in use, it must be rendered incapable of holding or catching birds or other animals. Any bait, food, or water must also be removed (see Information and Advice note a).

7. Where any live animal, other than ruddy duck (Oxyura jamaicensis), or an animal of a species listed on Schedule 9 of the 1981 Act or a species of Union concern, has become confined in a cage trap, if fit to be released, it must be released immediately upon discovery at the point of capture (or as close as it is safe to do so). See Information and Advice note d - e regarding any animals that are listed on Schedule 9 or species of Union concern.

8. Before exercising this licence on a Site of Special Scientific Interest (SSSI) you must ensure that Natural England has issued an appropriate consent where necessary (see Information and Advice note n).
   
   Recording and reporting requirements
   
   
9. Authorised Persons shall maintain a record of the following details:

• number of birds killed or taken, and nests or eggs taken
• the dates and locations (including approximate grid reference) where control was carried out

Where possible, the record shall include details of the gender and age of birds (that is, adult or immature). A report summarising this information by month must be sent to Natural England Wildlife Licensing (contact details below) as soon as possible after the control occurred, but certainly no later than one month.

10. 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 [email protected].

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.

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

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

This licence permits the lethal control of wild birds or activities which may result in close contact with bird faeces or eggs. To prevent the spread of avian influenza, care should be taken to dispose of any carcases. Follow government guidance on removing and disposing dead wild birds.

People operating under this licence should also follow the latest guidance on avian influenza from the Health and Safety Executive to minimise the risk to public health.

Use of traps

a. Cage traps should be used in accordance with appropriate good practice, including:

• Where cage traps used under the terms of a licence consistently capture birds or other animals not included in the licence, the trap should be moved to a different location in order to minimise the risk of non-target species being caught again.
• Cage traps should not be used during severe hot or cold weather conditions, or when such conditions are reasonably anticipated.
• It is necessary to either secure the door in a fully open or closed position or to remove the door completely in order to render any cage trap incapable of holding or catching birds or other animals.

b. Where a decoy bird is used, under Section 9 of the Animal Welfare Act 2006 the person setting and operating a trap is responsible for the welfare of the decoy bird, ensuring that it has sufficient food, water and shelter, and protection from pain, suffering, injury and disease.

• Adequate food: means sufficient, palatable food, which is of a type suitable for the decoy species, to meet the needs of the bird(s). Food provision will not be considered “adequate” if the decoy bird(s) cannot readily access it, or if other birds or mammals could deprive the bird of its food.

• Water at all times: water must always be available to decoy birds and drinkable; it should be free from chemical additives and changed regularly to ensure that it is clean. The water needs to be kept ice-free during daylight hours. If this is not possible, then the conditions are not suitable for using a decoy bird in a trap.

• Appropriate shelter: decoy birds are to be provided with shelter that provides effective protection from rain and direct sunlight under the prevailing and anticipated weather conditions. The perch should be sheltered. Such provision will be influenced by the location of the trap and its exposure to the elements.

Schedule 1 birds

c. This licence does not derogate protection afforded to Schedule 1 species. Care must be taken to avoid disturbance to Schedule 1 species during the breeding season.

Non-native species.

d. Under section 14 of the 1981 Act it is an offence to release into the wild any animal included in Schedule 9 of the 1981 Act. Any animals of species listed on Schedule 9 accidentally caught by licensed trapping should be treated as follows:

• Species listed in Part 1 must not be released or allowed to escape into the wild. It is preferable that these animals are killed in a quick and humane manner as soon as reasonably practicable after discovery. These animals may only be released under an individual licence obtained from Natural England.
• Species listed in Part 1A (which are native to Great Britain) must be released immediately upon discovery. This is permitted under general licence WML- GL22.
• Species listed in Part 1B (which are former native species) may be released immediately upon discovery at the point of capture (this is permitted by general licence WML- GL22), killed humanely or kept in captivity. These animals may only be released at another location under an individual licence obtained from Natural England.

e. If you catch a species listed as an invasive non-native (alien) animal you must not release it. You must quickly and humanely dispatch it, or give it to a premises licensed to keep it. For a list of licensed premises contact Natural England: [email protected].

Relevant legislation and good practice

f. Persons acting under a licence should have regard to legislation and good practice relevant to the action(s) undertaken including:

i. Animal welfare, including 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).

ii. The disposal of the carcasse(s) of any animal killed in accordance with a licence. See avian influenza advice note.

iii. The use of cage traps and the use of decoy birds.

iv. The use of licences during prolonged periods of severe weather. Users of this licence are requested to exercise restraint when undertaking shooting or scaring activities during periods of prolonged severe weather and to extend the requirements of voluntary restraint and statutory suspension of wildfowling to activities undertaken under this licence.

For more information on these requirements please see the JNCC website. This website and that of the British Association for Shooting and Conservation will indicate when periods of voluntary restraint and statutory suspension apply. A statutory suspension temporarily prohibits the shooting of any bird on Schedule 2 Part 1 of the Wildlife and Countryside Act 1981. Please note that this licence may still be used to take or kill ruddy duck during periods subject to a statutory suspension of shooting. However licence users are expected to only take action that is absolutely necessary, and to ensure that activities do not disturb other species of wildfowl.

v. The use of lead shot. Users of this licence must comply with the Environmental Protection (Restriction on Use of Lead Shot) (England) Regulations 1999 (SI 1999/2170). These Regulations prohibit the use of lead shot for the purpose of shooting species of wildfowl (as defined in Schedule 2 of the 1999 Regulations) with a shotgun anywhere in the country and all use of lead shot for shotgun shooting on most wetlands important for waterbirds (Sites of Special Scientific Interest included in Schedule 1 of the 1999 Regulations).

The law

g. 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.

h. 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.

Information and advice for all class and general licences

General information

i. Ordinarily, licences will be reissued on 1 January each year (note: 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.

j. 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

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

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

m. 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

n. 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.

o. 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.

p. 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.

Contact Natural England for licensing enquiries

Telephone: 020 802 61089

Email: [email protected]

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: [email protected]

WML-GL21 [version January 2024]