General Licence 005
Licence Number: WCA / GEN / 005 / 2023
Valid from: 1 January 2023
Expiry date: 31 December 2023
Licence to kill or take ruddy duck or to take or destroy their nests or eggs for the purpose of conserving wild birds.
Part A. Legal basis and purpose of this licence
1. This licence, granted under Section 16(1)(c) and (5) of the Wildlife and Countryside Act 1981 (as amended) (the Act), by the Natural Resources Body for Wales otherwise known as Natural Resources Wales (NRW), being satisfied as regards the purpose set out in paragraph 2 that there is no other satisfactory solution, permits authorised persons (see Definitions) to carry out the actions set out in paragraph 3.
2. The purpose for which this licence is granted is conserving wild birds.
Part B. What this licence authorises
3. For the purpose set out in paragraph 2, this licence permits any authorised person to kill or take ruddy duck (Oxyura jamaicensis), or to take, damage or destroy their nests or to take or destroy their eggs, by the use of:
(i) any method which is not prohibited by Section 5 of the Act
(ii) a semi-automatic weapon (see Definitions)
4. The actions listed in paragraph 3 are authorised only between the period 1 January 2023 and 31 December 2023 and subject to compliance with all the conditions listed in Part C.
5. This licence applies in Wales, landward of the mean low water mark.
Iwan G. Hughes, Species Permitting Team Leader
Signed for and on behalf of Natural Resources Wales.
Part C. Conditions
6. Any person intending to use this licence must ensure they have read and understood its terms and conditions prior to carrying out licensed action.
7. Any birds killed in accordance with this licence must be killed in a quick and humane manner, subject to the definition of “kill” in this licence (see Definitions).
8. All reasonable endeavours must be made to quickly and humanely dispatch any bird of a target species (see Definitions) which is injured by the taking of any licensed action.
9. If any animal of a European protected species of animal (see Definitions) or any wild bird of prey (including an owl) is taken, killed or injured in the course of action carried out under this licence, NRW must be advised of that fact as soon as practicable. NRW can be contacted on specieslicence@naturalresourceswales.gov.uk
10. Any person who carries out any action authorised by this licence must provide to NRW not later than 14 days after the expiry of the licence, a written report detailing, as applicable, the number of birds killed or taken and number of nests or eggs taken or destroyed and indicating as far as reasonably practicable where and when the licensed action was taken. Reports may be submitted by post to: NRW Species Permitting Team, Maes y Ffynnon, Penrhosgarnedd, Bangor, LL57 2DW, or by email to: specieslicence@naturalresourceswales.gov.uk.
11. No person convicted of an offence to which this condition 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 use this licence where, in respect of such an offence, a court has made an order discharging them absolutely. This condition applies to offences under the Act, 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).
Part D. Definitions
12. “The Act” means the Wildlife and Countryside Act 1981, as amended.
13. “Authorised person” means:
(i) the owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken
(ii) any person authorised in writing by the local authority for the area within which the action authorised is taken
(iii) any person authorised in writing by NRW
The authorisation of any person for the purposes of this definition shall not confer any right of entry upon any land.
14. “European protected species of animal” means a species listed in Schedule 2 of the Conservation of Habitats and Species Regulations 2017, as amended.
15. “Kill” includes accidentally wounding whilst attempting to kill in accordance with the terms and conditions of this licence.
16. “Semi-automatic weapon” means any weapon which is not prohibited by Section 5 of the Firearms Act 1968 (as amended) and which has a magazine capable of holding more than two rounds of ammunition, where the depression of the trigger ejects a single shot, each subsequent shot requiring a further depression of the trigger.
17. “Target species” means a species which is mentioned in paragraph 3 of this licence.
18. “Wild bird” is as defined in section 27(1) of the Act.
Part E. Advice to licence users
19. Failure to act within the terms of this licence as set out in Part B or failure to comply with any of the conditions listed in Part C may mean that the licence cannot be relied upon and an offence may be committed. The maximum penalty in the Magistrates’ Court for an offence under the Act is an unlimited fine or a six month custodial sentence or both.
20. This licence may be modified or revoked at any time by NRW.
21. Except as specifically permitted under paragraph 3, this licence does not authorise the use of any method of killing or taking wild birds which is prohibited by Section 5 or Section 8 of the Act.
22. Users of this licence are responsible for complying with all relevant legislation, including in relation to animal welfare, use of firearms and use of lead shot.
23. Birds should only be shot with a firearm if they are within the effective range of that firearm.
24. When undertaking activities under this licence, authorised persons are advised to carry a copy of the licence.