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Uploaded by Andy and Lucy

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Legislation relating to Wildlife Rehabilitation

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Conservation of Seals act 1970
The conservation of seals act does not prohibit killing seals however it stops people killing seals in certain ways (it is a criminal offence) including:

•Own with the intention or killing a seal with poison

•Own with the intention or killing a seal with a firearm other than a rifle that fires at an energy less than 600 footpounds with ammunition smaller than 45 grains.

Close season is a time of year in which it is illegal to kill, injure or take a seal, or attempt to do so.

•Grey seals this is 1st September to 31st December.

•Common seals is 1st June to 31st December.

EXEPTIONS TO THE RULE
1.Taking a seal into care with the intention of release if the seal was not harmed by the person.

2.Killing a seal because of injury caused by a lawful act (boat propellers and netting).

3.Killing a seal because it is causing damage to the persons netting or equipment. However the seal has to be tangled or in direct vicinity of the netting with this is done.

4.Where a person has the correct licences to carry out the act.

LICENCES
•For Science or education

•Zoological gardens or collections

•Prevent damage to fisheries

•Population management

•Protection of flora and fauna

HOW IT WOULD AFFECT REHAB CENTRES
1.If a seal comes in under suspicious circumstances either during closed season or with a bullet wound that does not fit regulation guns.

2.If it is closed season and a seal needs to be euthanized

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Overview of Legislation:

Re-enact with the Protection of Birds Act 1954 and 67 and the Conservation of Wild Creatures and Wild Plants Act 1975

> Prohibit some methods of killing or taking wild animals

> Amend law relating to protection of specific mammals

> Restrict introduction of some animal and plants

>Amend endangered Species Act 1976

> Amend law involved with nature conservation, National Parks

> Provision with respect to Countryside Commission

> Amend the law relating to the public rights of way and connected purposes.

http://www.legislation.gov.uk/ukpga/1981/69

Wildlife and Countryside Act 1981 divided into four parts:

1. Protection of Wildlife

2. Countryside and National Parks - and protected areas

3. Public rights of way

4. Miscellaneous provisions of the Act.

http://naturenet.net/law/wcagen.html

Wildlife and Countryside Act and Rehabilitation:
Part 1, Section 4:
(2)  anything in the provisions of section 1 or any order made under section 3, a person shall not be guilty of an offence by reason of—
(a) the taking of any wild bird if he shows that the bird had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;
(b) the killing of any wild bird if he shows that the bird had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering;

Part 1, Section 10:
(3) Notwithstanding anything in section 9, a person shall not be guilty of an offence by reason of—
(a) the taking of any such animal if he shows that the animal had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;

(b) the killing of any such animal if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering;

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is in place to ensure that animal owners have a positive duty of care. It outlaws neglecting to provide for their animals basic needs, such as access to adequate nutrition and veterinary care.

Offences include:

causing a protected animal to suffer unnecessarily knowing it would suffer

unreasonably allowing an animal in that person's care to suffer from somebody else

mutilating an animal (except where destroying an animal in an appropriate and humane manner)

docking a dog's tail where prohibited

show a dog with an illegally docked tail at a dog show with fee-paying patrons

administers a poison to an animal (or permits to be administered)

animal fighting

FIVE FREEDOMS

To summarise it means that people must take positive steps to ensure they care for their animals properly and in particular must provide for the five welfare needs, which are:

1.     Freedom from hunger or thirst by ready access to fresh water and a diet to maintain full health and vigour

2.     Freedom from discomfort by providing an appropriate environment including shelter and a comfortable resting area

3.     Freedom from pain, injury or disease by prevention or rapid diagnosis and treatment

4.     Freedom to express (most) normal behaviour by providing sufficient space, proper facilities and company of the animal's own kind

5.     Freedom from fear and distress by ensuring conditions and treatment which avoid mental suffering.

Wildlife rehabilitation centres follow the animal welfare act to ensure the animal receives all the correct care whilst in captivity. These could be things such as providing the animal with certain items/fixtures and fittings so it can be allowed to exhibit its natural behaviour. Another example could be the euthanizing of an animal, if the wildlife rehab officer decides that the animal would not be able to be released back into the wild then euthanasia would be the only option. This would be done humanely and will prevent further suffering.

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To keep birds of species listed on Schedule 4 for the purposes of veterinary treatment

England only licence
Vets and veterinary practitioners can apply (no one else)

Allows a schedule 4 wild bird to be kept for veterinary treatment for up to 6 weeks without registration

Conditions;
1. A treatment record is made and held for at least 2 years and be able to produce it to an official should the need arise
2. Professional veterinary treatment must be being given
3. Apply with all other relevant legislation regarding treatment

Wild Bird Conditions;

1. Imprinting must be avoided at every opportunity whilst patina is in care

2. Birds must be released in as close a spot to their initial capture as possible

3. Landowners permission must be sort if releasing takes place on privet land

A bird intended to be released into the wild;

should be released healthy and disease-free

should be released in a time and place where the risk of injury to themselves, other animals or people is minimised

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– To Permit the Release of Native Bird Species Listed on Schedule 9Overview of General Licence 22Permits the re-release into the wild of certain animals listed on Annex A Schedule 9 Wildlife and Countryside Act 1981 (these are considered native to Great Britain) which have been:• Taken for purpose of rehabilitation• Accidentally caught in trap or net lawfully set for another species• Taken temporarily from wild under Natural England Licence (such as to ring or mark)This is otherwise not allowed by Section 14 of Wildlife and Countryside Act 1981Relation of General Licence 22 to RehabilitationGives rules/guideline for release of animals and which animals, also gives guidelines on how to release animals:• Released in a location and at a time where there is limited risk of injury to animals and humans• Disabled animals taken in for rehabilitation to be kept in accordance with good practice – Animal Welfare Act, 2006• Before release licensee must be satisfied with fitness of animalAnnex A Species:• Northern goshawk• Corn snake• Common crane• White-tailed eagle• Red Kite• Red-billed chough• Caperciallie• Barn owlNatural England, 2016