General Licence 012
Licence No: GEN / WCA / 012 / 2024
Valid From: 1 January 2024
Expiry: 31 December 2024
Licence to sell dead wild birds.
This licence, granted under Section 16(4) (a), 16(5) and 16(5)(a) of the Wildlife and Countryside Act 1981 (as amended), by the Natural Resource Body for Wales otherwise known as Natural Resources Wales (NRW), being satisfied that as regards to the purpose set out at paragraph 2 that there is no other satisfactory solution, permits authorised persons to carry out a range of activities against the birds of the species listed and hereby grants the following licence which applies only in Wales.
1. Subject to the conditions below, this licence permits:
-
- 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
- the publication or 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 dead wild birds (or part of a dead wild bird) as specified in paragraphs 2 and 3 below
2. At all times, any wild bird except:
(a) birds listed on Part I of Schedule 2, Parts II or III of Schedule 3 to the Act, or;
(b) Barnacle Goose (Branta leucopsis)
(c) White-fronted Goose (Greenland race) (Anser albifrons flavirostris)
3. Between 1 March and 31 August - any bird included in Part III of Schedule 3 to the Act (the sale of these birds is permitted at all other times of the year under the Act).
The works noted above are licensed for the period as stated above and are granted subject to compliance with the conditions as specified. Anything done otherwise than in accordance with the terms of the licence may constitute an offence.
Iwan G. Hughes, Team Leader Species Permitting
Signed for and on behalf of Natural Resources Wales.
Conditions
1. This licence does not permit the sale of birds for human consumption.
2. This licence only applies to the sale of small numbers of dead birds, or any part or product of such dead birds that:
(a) were bred in captivity. A bird shall not be treated as being 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; or
(b) were removed from the natural state within the United Kingdom under legal provisions in force in the United Kingdom. Documentary evidence that the bird was legally removed from the natural state must accompany any sale.
(c) are listed on Annex A of Council Regulation (EC) No. 338/97, and, where appropriate, an Article 10 certificate has first been obtained.
3. Any person who sells a dead bird, or part or product of such a dead bird, under this licence ("the seller") shall keep a record ("the record"), for a minimum of two years from such sale.
(a) This record shall contain details of:
(i) the person from whom the seller acquired the bird or part or product of such a bird;
(ii) the person to whom the bird or part or product of such a bird was sold; and
(iii) the species of the bird sold, the cause of death (if known) and the age of the bird.
(b) The seller must certify the record as accurate.
(c) The seller shall, on being given reasonable notice in writing by Natural Resources Wales, produce the record to a person authorised in writing by the Welsh Government and the seller shall also permit such authorised person to inspect the record.
4. The seller shall submit to Natural Resources Wales by 31 December of each year a report giving details of any sale by him in that year of any dead bird, or part or product of such a dead bird which in either case has not previously been sold. This shall be sent via post to Maes y Ffynnon, Penrhosgarnedd, Bangor, LL57 2DW, or email to specieslicence@naturalresourceswales.gov.uk
The report shall also:
(a) state how the seller acquired each such bird or part or product of such a bird; and
(b) list the type and number of each species sold.
5. No person convicted of an offence to which this paragraph applies may use this licence unless, in respect of that offence, either (1) they were dismissed with an admonition, or (2) they are a rehabilitated person for the purposes of the Rehabilitation of Offenders Act 1974 and their conviction is treated as spent. A person may also use this licence where, in respect of such an offence, a court has made an order discharging them absolutely. This paragraph applies to offences under the Wildlife and Countryside Act 1981, the Deer Act 1991, the Wild Mammals (Protection) Act 1996, the Hunting Act 2004, the Conservation of Habitats and Species Regulations 2017, the Protection of Badgers Act 1992 and the Animal Welfare Act 2006 (all as amended).
6. Failure to act within the purpose of this licence as set out in paragraph 1 or failure to comply with the terms and conditions of the licence may mean that the licence cannot be relied upon and an offence could therefore be committed. The maximum penalty available for an offence under the Act is a level 5 fine (£5,000) and/or a six month custodial sentence.
Notes
1. A licence in similar terms has been issued by Natural England in respect of England and by the Scottish Executive in respect of Scotland.
2. This licence may be modified or revoked at any time.