The Scottish Government

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Dear Sir/Madam

THE USE OF CAGE TRAPS TO TAKE OR KILL WILD BIRDS: POTENTIAL CHANGES TO GENERAL LICENCE PROVISIONS

Background

Land managers are currently permitted, under certain closely defined circumstances, to make use of cage traps (commonly known as crow cage traps) in order to take and kill a range of "pest" species, primarily those of the corvid family.

Such traps may be operated under the terms of a general licence issued by the Scottish Executive Rural Affairs Department (SERAD). Traps are only permitted where the killing of wild birds is clearly and demonstrably necessary in order to:

• Prevent the spread of disease or
• Prevent serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, fisheries or inland waters.

The general licence is issued under the provisions of Section 16(1)(j) and (k) of the Wildlife and Countryside Act 1981 (as amended) by Scottish Ministers, being satisfied that there is no other satisfactory solution. It allows any authorised person to kill or take any of the named species of bird listed on the licence (a copy of the general licence issued for 2000 is attached). Under the provisions of the licence birds may be taken and killed by the use of cage traps, alongside other methods such as shooting and netting. The licence describes conditions for use of the cage traps.

Although the traps and conditions governing their use are intended to target only those species listed on the general licence, there have been isolated incidences of non-target species being caught. In 1997 the general licence was amended, following such incidences (involving in particular eagles and buzzards), to include two further conditions regarding the use of cage traps with the aim of eliminating accidental capture of non-target species. The clauses specified that the traps must be checked daily and birds removed and that, when not in use, the traps must be rendered incapable of holding birds. These conditions were further tightened up in 1998 following representations.

One of the recommendations in the Report of the UK Raptor Working Group suggested in its findings that the provisions of the general licence be further reviewed to eliminate the capture of non-target species in cage traps. In our response to the report in March of this year we stated our intention to undertake this consultation exercise with a view to reviewing the licence conditions applicable to the general licence to kill or take wild birds.

Issues

SERAD are considering whether the general licence should be further amended to address outstanding issues concerning the use of cage traps and the purpose of this consultation is to lay out those issues and seek views and comments from experts and interested parties.

A report published last year on behalf of the Scottish Raptor Study Group and the RSPB listed several recommendations for amending the current general licence. These recommendations are listed below:

• Continued regulation and enforcement of cage trap legislation

SERAD fully support the reporting of incidents of abuse or misuse of traps to the relevant authorities and appropriate action being taken to follow up reports.

• A licence condition that police/statutory agencies are given locations of cage traps other than (moveable) Larsen traps on all land.

Comments are welcomed on the need for such a condition and the enforceability of it.

• A code of good practice on the use of cage traps should be produced by the Scottish Executive.

Production would require resources, but would have the advantage of ensuring that land managers, conservation bodies and the general public were all absolutely clear about how traps should be used and managed. Before any decision is taken, SERAD would welcome views on the value of such a document, as well as an indication of the level of interest and co-operation in its preparation, if there was general support for its preparation.

• Ban the use of small scale chicken wire mesh in construction and ensure that all traps have adequate doors to facilitate the removal of non-target species.

There are arguments for and against the use of small scale chicken wire in traps and views are welcomed on this. In addition views as to specifications for doors and siting of them on a trap are invited.

• Operators to record all non-target species trappings.

Views on the benefits or otherwise of this proposal are welcome.

• Cage traps are designed for use in open hill country; their use in woodlands should be banned.

Opinion is divided on the effectiveness of using cage traps in woodland areas and comments are invited from consultees.

Use of Decoy Birds

Further to the above recommendations the Department has been asked to clarify, via the licence conditions the use of decoy birds in traps. It has been suggested that a general licence condition could be added which states which birds may be used as decoys and at specifies times of year. If such a condition were to be added it should also be specified that food, water and shelter must be provided when decoy birds are used and that the trap should be cleared of all food, bait or animal remains when not in use.

Responses

Please direct any comments that you may have on the above to Kirstie Young, Room 130, Pentland House, Robb's Loan, Edinburgh by 3 November 2000.

In order to help inform public debate on the issues raised by this consultation, the Department intends to follow its normal practice of making available to the public on request copies of the responses received. If respondents indicate that they wish all, or part, of their reply to be excluded from this arrangement its confidentiality will be strictly respected. Copies of the responses made available to the public will be placed on an "open file" held in the library at Saughton House, Edinburgh. Copies of documents from the "open file" will be forwarded to members of the public on request. A charge will normally be levied to cover the cost of photocopying.

Yours faithfully

KIRSTIE YOUNG
Pests and Pesticides