Wild animals

Organised pest control will keep the numbers of foxes down. There are many exemptions to the ban on fox hunting, primarily to protect damage to livestock, game and wild birds, growing timber, fisheries and other property. These exemptions allow the shooting of wild mammals (not just foxes) if certain conditions defined in the Hunting Act 2004 have been met.

Please see the links in Related Information for further information. There is also a link to the RSPCA website as they provide guidance on how to deal with any foxes in your area and how to deter their presence.

There are strict regulations with regards to bat conservation that you need to be aware of prior to starting any project of this nature. In England, Natural England can grant what is known as a European Protected Species (EPS) Licence, which may allow you to carry out the work subject to certain conditions. In Wales, the issuing authority is the Welsh Government (links can be found in 'Related Information').

In order to obtain the licence, you will need to gain the services of an Environmental Consultant who will help you to plan what will happen to the bats. Bats are a protected species and the licence will not be granted if there is no proposal included for re-homing the bats.

If work is carried out without consulting the above organisations, you may commit a criminal offence and could be liable for a large fine or a custodial sentence.

For more detailed advice on this subject please contact the Bat Conservation Trust, linked in related information.

As a European Protected Species (EPS ), there are strict regulations with regards to bat conservation that you need to be aware of prior to starting any project of this nature. In England, a government agency called Natural England offer advice on such matters and may arrange a visit your home to offer you the necessary help. Their advice may be to wait until the bats have left for the autumn to carry out your work, or to suggest the use of bat boxes to re-home the bats.

In Wales, the Welsh Government is responsible for monitoring any disturbance of bats and, like Natural England, they are able to grant a licence for work to be carried out in certain circumstances. You must not go ahead and carry out the work without first consulting the appropriate authority as you will be committing a criminal offence and could be liable for a large fine or custodial sentence.

For more detailed advice on this subject please contact the Bat Conservation Trust, linked in the related information section.

Care should be taken in buying animals or birds from adverts in the newspapers or online. Below are examples of steps that should be taken with respect to particular birds and animals.

Barn Owl - it is illegal to sell a barn owl that is not captive bred and close ringed. If you are thinking of buying a barn owl then it must be accompanied by an Article 10 certificate (issued by the Department for Environment Food and Rural Affairs) (DEFRA). The Royal Society for the Protection of Birds (RSPB) do not advocate the buying of owls as they do not make good domestic pets.

Bird of Prey - the same applies as with barn owls, the bird of prey must be ringed and accompanied by the Article 10 certificate. If the bird of prey is a Honey Buzzard, Golden Eagle, White Tailed Eagle, Marsh Harrier, Montagu's Harrier, Osprey, Goshawk, Peregrine Falcon or Merlin they must also be registered with DEFRA.

Tortoise – Depending on the species of tortoise you may again require an Article 10 certificate. If you are going to buy a tortoise make sure it is from a reputable breeder and a certificate (if required). Buying a tortoise is not as simple as it may appear as some are now endangered species. Please see the Tortoise Trust website in the related information, for further information on buying and caring for tortoises.

The RSPCA state that if the deer is uninjured it should be left alone and will more than likely wander back into an area of safety. If the deer is injured, then contact the RSPCA on 0300 1234 999 who will be able to advise you.
However, in circumstances where it is likely that the animal or other road users will be placed in danger or injured, e.g. the deer is causing an obstruction on a busy main road, contact the police using 999 or the Highways agency who will deal with the situation.

Badgers are a protected species, it is illegal to wilfully kill, injure or take a badger, ill-treat a badger, dig for a badger, or to interfere with a badger sett. If you are convicted of one of these offences you could face up to six months imprisonment and/or an unlimited fine. It is also illegal to sell, offer for sale, possess, or to mark or attach a marking device to a badger, if convicted of one of these offences you could receive an unlimited fine.
There are certain situations where you may not commit an offence. Licenses to undertake some action may be issued by one of the following agencies;

• Natural England (in England); or
• Natural Resources Wales (in Wales)

See the website in Related Information for advice if there are signs that you have badgers in your garden.

Some animals are not included in the definition of 'animal' given in the legislation, so you are not required to report accidents with them to the police.

A dog (as well as a goat, horse, cattle, ass, mule, sheep and pig) are animals covered within the remit of the legislation; therefore, you are required by law to report any accident with these animals to the police.

However, if the animal you have hit is not listed above it may still be worth contacting the police to inform them of the incident. Additionally, the local authority will need to be contacted to remove the remains of the animal. Please see the website in Related Information to find your local authority.

Important: badgers are specially protected, it is an offence to possess one, dead or alive, (without the proper authority), so if you kill one, leave it at the roadside. If you are concerned, as stated above, you can voluntarily contact the police.

Badgers and their setts are fully protected by the Protection of Badgers Act 1992 (as amended), whereby it is an offence to take, injure, kill or cruelly ill-treat a badger or interfere with badger setts. However, under this Act, Natural England may be able to issue licences to interfere with badger setts or, in rare instances, to kill or take badgers for the "purpose of preventing serious damage to land, crops, poultry of any other form of property", provided that it can be demonstrated that there are no practical alternatives that do not require a licence and that the proposed action is likely to alleviate the problem.

Where damage is not serious such as to flower borders or lawns, preventative measures will normally be advised, as licences are generally not issued in these circumstance. However, where there is a sett in a garden that is causing, or is likely to cause, serious damage, then licences can be issued to enable interference to the badger setts.

An application form can be downloaded using the link below:

http://www.naturalengland.org.uk/Images/WML-A01_tcm6-9476.doc

You can contact the Wildlife Licensing Unit on 0845 6014523, or email: wildlife@naturalengland.org.uk; for further advice (please state your county or case number if your query relates to an existing case). When your application has been received a Natural England Wildlife Adviser will contact you and may arrange with you to undertake a site visit.

For more information, please see the Related Information.

A badger entering an outbuilding is not uncommon and you should leave the door open to allow the badger to leave the building of its own accord. Other animals and people should be kept away during this time. If the badger is obviously injured or in distress, contact the RSPCA (see link in related information) who may be able to assist as may a local vet or badger group. It is unlikely that a badger will attack a human or a domestic animal, unless it feels threatened or trapped, but it should be remembered that injured or sick animals can behave abnormally.

You are advised not to approach or try to catch the badger. If the badger dies in the outbuilding, it is the responsibility of the owner/occupier to dispose of the body. If handling a badger carcase, at the very least you should wear gloves and wash your hands and any soiled clothes immediately afterwards. Please check with your local Council as to how the carcass can be legally disposed of.

Natural England may undertake to collect a carcase if there is strong evidence to suggest that the animal has been poisoned by pesticides; if you suspect this to be the case you should telephone the Wildlife Incident Investigation Scheme on 0800321600.

For more information please see the Related Information.

Dead animals found by the roadside are normally the result of road traffic accidents. If you do not wish to remove or dispose of the carcass yourself, your local Council (non-trunk roads) or the Highways Agency (Tel: 08457 50 40 30) (trunk roads such as main 'A' roads and motorways) may be able to offer assistance.

Natural England may undertake to collect a carcase if there is strong evidence to suggest that the animal has been poisoned by pesticides; if you suspect this to be the case you should telephone the Wildlife Incident Investigation Scheme on 0800 321600.

If you have any reason to believe that the badger was deliberately killed, then the matter should be reported to the Wildlife Crime Officer at your local police station.

For more information please see the Related Information.

Fox hunting is illegal, it was banned by the Hunting Act 2004 in England and Wales and the Protection of Wild Mammals (Scotland) Act 2002.

There are exemptions in the Hunting Act to allow certain types of pest control, please see the link in 'related information' for details.

Hunts in England and Wales invented the activity of trail hunting after the hunting ban came into force. This is a non-lethal sport where the hunt follows a pre-laid trail rather than chasing a fox.

If you believe a hunt is using trail hunting as a cover for illegal hunting, this can be reported to your local police force. Some police forces also have an online wildlife crime reporting form.

If an illegal hunt happens on public land, you may wish to raise a formal complaint. Hunts may only use Forestry Commission or MOD land under a strict licence. Breaching that licence can mean the hunt are no longer allowed to use that land. Similarly, charitable bodies such as the National Trust, Woodland Trust or local charitable trusts or parish councils will take a dim view of law breaking on their land and may remove any 'sporting rights' they have given the hunt.

In general, wildlife crime is any action that contravenes current legislation governing the protection of the UK's wild animals and plants and includes:

• Hare coursing.
• Deer poaching.
• Fish poaching.
• badger persecution – including baiting, snaring, shooting, and disturbance of setts.
• Bat persecution.
• Egg theft / collection.
• Bird of Prey persecution – through poisoning, trapping, shooting, disturbance of nest and/or theft of chicks.
• Trading in ivory, tortoises, rhino horn and other protected species covered by CITES (Convention on International Trade in Endangered Species) including caviar, Traditional Chinese Medicines, and orchids).
• Non registration of certain birds and animals that require licensing through DEFRA / Animal Health if kept in captivity or sold.

Wildlife crime can be reported to your local police force via the 101 non-emergency number. Each police force has a dedicated wildlife officer / team, who investigates wildlife crime.

Please also see the websites in 'Related Information' for further information on this topic.