Annex P: Summary of relevant shooting legislation
P.1 Shooting wild birds
P.1.1 All birds, their nests and eggs are protected by law and under the Wildlife and Countryside Act 1981. It is an offence to shoot a wild bird, but there are important exceptions:
P.1.2 The wild bird species that can be shot during the open season are: gadwall, shoveler, teal, goldeneye, wigeon, canada goose, pintail, tufted duck, greylag goose, pochard, mallard, pink-footed goose, white-fronted goose, woodcock, golden plover, moorhen, coot, capercaille and snipe. In some areas these birds may not be shot on Sundays[91]. The open seasons for wild birds that may be shot are summarised in the tables overleaf.
P.2 Shooting wild mammals
P.2.1 Most mammals may be shot throughout the year. The exceptions are deer, which may be shot during the open season, and the protected mammal species listed on Schedule 5 of the Wildlife and Countryside Act 1981, which may not be shot at any time. The Schedule includes all species of bats, wild cat, otter, dormouse, pine martin, red squirrel and all dolphins, porpoises and whales.
P.3 Shooting game
P.3.1 Some birds and mammals are classified as game and may only be shot (or taken) if you hold a valid game licence. Licences are available from Post Offices. The species defined as game under the Game Act 1831 are hares, pheasants, partridges, grouse, heath or moor game and black game. No game may be shot on Sundays or on Christmas Day. The open seasons for game species are summarised in the tables below.
P.4 Shooting wild deer
P.4.1 Shooting deer is controlled in England by the Deer Act 1991, which sets out a close season for most species. The open seasons for deer are summarised in the tables below.
P.5 Shooting pests
P.5.1 Certain ‘pest’ species may be shot under the authority of a general licence at any time of year.
P.5.2 The bird pest species which may be killed or taken under licence are: crow, jackdaw, magpie, rook, jay, house sparrow, starling, woodpigeon, feral pigeon, collared dove, herring gull, lesser black-backed gull and greater black-backed gull. The general licence permits these birds to be killed only for the purposes of preventing serious damage to agricultural concerns or for public health and safety. For any other purposes an individual licence must be obtained.
P.5.3 The following mammals are sometimes regarded as pests and may be controlled by legally approved methods all year round: fox, rat, mouse (all species except dormouse), grey squirrel, rabbit, mink, weasel, stoat and feral cat.
P.6 Game and wild birds – open seasons (all dates inclusive)
Species Open season Pheasant Oct 1st - Feb 1st Partridge Sep 1st - Feb 1st Grouse Aug 12th - Dec 10th Blackgame Aug 20th - Dec 10th [92] Common Snipe Aug 12th - Jan 31st Woodcock Oct 1st- Jan 31st Duck & Goose – inland Sep 1st - Jan 31st Duck & Goose - below high water mark of ordinary spring tides Sep 1st - Feb 20th Coot/Moorhen Sep 1st - Jan 31st Golden Plover Sep 1st - Jan 31st Hare (moorland and unenclosed land) Sep 1st – Jan 31st Hare (other land) No close season
P.7 Deer – open seasons (all dates inclusive)
|
Species |
Sex |
Open season |
|
Red |
Stags |
Aug 1st – Apr 30th |
|
|
Hinds |
Nov 1st - Feb 28th/29th |
|
Fallow |
Bucks |
Aug 1st - Apr 30th |
|
|
Does |
Nov 1st - Feb 28/29th |
|
Sika |
Stags |
Aug 1st - Apr 30th |
|
|
Hinds |
Nov 1st - Feb 28th/29th |
|
Roe |
Bucks |
Apr 1st - Oct 31st |
|
|
Does |
Nov 1st - Feb 28th/29th |
|
Red /sika hybrids[93] |
Stags |
Aug 1st - Apr 30th |
|
|
Hinds |
Nov 1st - Feb 28th/29th |
|
Chinese water deer[94] |
|
Nov 1st - Feb 28th/29th |
|
Muntjac[95] |
|
All year round |
[90] A “general licence” is a special derogation under the Wildlife and Countryside Act 1981 which allows all authorised persons to take action against specified birds for specific reasons. Individuals do not need to obtain this licence themselves. The purpose of a general licence is to remove the bureaucratic burden of applying for something that would be routinely issued. There are conditions of use that must be adhered to. Anyone acting under the general licence must be aware of the terms and conditions. The general licence is not the same as a game licence, a gun licence or an individual licence issued under Section 16 of the Wildlife and Countryside Act 1981.
[91] These birds may not be shot on Sundays in the following counties: Cornwall, Devon, Isle of Ely, Norfolk, Somerset, North and West Ridings of Yorkshire and in the county boroughs of Doncaster, Great Yarmouth and Leeds.
[92] Except Somerset, Devon and New Forest where the close season is December 10th –September 1st
[93] No closed season for hybrids are specified in the Deer Act 1991. It is recommended that the open season for the parent species is observed.
[94] There is no close season for Chinese water deer in the Deer Act, but on welfare grounds it is recommended that they are only killed during the period stated in the Table. Due to difficulties in identifying immature males and females the same period should be observed for both sexes.
[95] Muntjac can breed throughout the year.