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Shooting and destruction

Adult peregrine trapped illegally, West Midlands

In 2008, the RSPB recorded 210 reports of incidents involving the illegal shooting, trapping and nest destruction of birds of prey. Shooting of birds of prey was the most common type of this category of incident reported, of which there were at least 105 reports. A total of 22 of these incidents were confirmed.

As well as birds of prey, other species are also deliberately targeted for persecution. The illegal killing of fish-eating birds - particularly cormorants, grey herons, red-breasted mergansers and goosanders - continues to be a problem, particularly in areas where commercial fisheries are situated. These are all species protected by wild bird legislation.

Shooting

It is illegal to shoot the majority of wild birds. Exceptions to this are:

Birds listed on Schedule 2 Part 1 of the Wildlife and Countryside Act 1981 and the Wildlife (Northern Ireland) Order 1985. These species, which include various ducks and geese, coot, moorhen, golden plover, snipe and woodcock, can be killed or taken outside the closed season (usually 1 February to 31 August), but are protected during the closed season.
General Licences allow the control of certain species (eg certain gull species, pigeon species and crow species) under certain conditions, eg to preserve public health, for the purposes of public and air safety, preventing the spread of disease, or preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or fisheries.
Game birds (eg. pheasants, partridges and grouse) are not wild birds as defined by the Wildlife and Countryside Act. They are covered by the Game Act and have their own open season.

Spring-traps and cage traps

It is illegal to use a spring-trap in any location except a covered run, targeted at small ground vermin. It is illegal to use traps in other situations such as in the open on the ground or on a pole, where they are indiscriminate.

The original circular pole-trap was designed specifically to catch birds of prey. More frequently used now is a steel spring-trap set on top of a post or sawn-off tree trunk. Pole-traps have been illegal since 1904. They are usually placed in or near to release pens containing pheasant poults. Birds of prey, which habitually use posts as vantage points or plucking posts, are particularly susceptible to this form of persecution.

The Larsen trap is a type of cage-trap that can be used in accordance with the terms of a Government General Licence to take certain crow species. A bird of one of these approved species is placed in one section of the trap during the breeding season as a ‘call bird’. This attracts birds of the same species in whose territory the Larsen trap has been placed.

Unfortunately, these traps can be used illegally by using an alternative decoy bird such as a pigeon to attract birds of prey, for example sparrowhawks and goshawks.

During 2008, we received 14 reports of incidents involving illegal spring traps. In particular, a male peregrine was found with its legs caught in one of several spring traps that had been set on its nest ledge in Staffordshire. The bird had to be euthanased as a result of its injuries.

Nest destruction

It is unlawful to destroy the nest of any wild bird while it is in use or being built. The eggs, nestlings and dependant young are also protected.

Nest destruction takes two main forms: the deliberate destruction of the nest due to a perceived threat by the species concerned, or the incidental destruction during, for example, hedgerow cutting or habitat destruction for development.

There is a defence if it can be shown that the act was an incidental result of a lawful operation and could not reasonably have been avoided.

During 2008 there were a 249 reports of the intentional destruction of the nests of wild birds other than birds of prey – of which 34 reports were confirmed. A further 28 reported incidents related to the intentional destruction of bird of prey nests, eggs or chicks. Two of these incidents were confirmed – both involving peregrines.