Memorandum submitted by the Royal Society
for the Protection of Birds (RSPB)
EXECUTIVE SUMMARY
The RSPB does not normally concern itself with
the welfare of individual animals or birds except where this may
have an influence on the conservation of wild populations. We
believe a small number of proposals contained in the Bill do have
implications for wild birds. We urge the national authorities
to:
— ensure that wild animals or birds
caught in traps are "protected animals" by virtue of
being "temporarily in the custody or control of man";
— consider the conservation implications
of not permitting certain acts of mutilation such as pinioning;
— ensure that licensed bird markets
do not encourage unsustainable imports of wild-taken birds;
— ensure that adequate enforcement
measures are built into any provision for licensing bird markets;
and
— take account of the importance of
certain marking techniques to research and conservation when drafting
appropriate regulations.
1.0 Introduction
1.1 The RSPB is Europe's largest wildlife
conservation charity. With the support of more than one million
members, we conserve and enhance the populations of wild birds,
other wildlife and the habitats in which they live. We focus on
the conservation of priority species, habitats and sites and set
clear objectives and actions. These include owning and managing
land as nature reserves and influencing land-use practices and
government policies to benefit wildlife and the wider countryside.
1.2 The RSPB has a small Investigations
Section whose main function is to support the statutory authorities
by providing advice, expert witness and investigative help on
investigations into offences involving wild birds. This Section
works very closely with Police Wildlife Crime Officers, the Crown
Prosecution Service, Procurators Fiscal and HM Customs and Excise.
1.3 The RSPB does not normally concern itself
with the welfare of individual animals or birds except where this
may have an influence on the conservation of wild bird populations.
Reports of welfare matters involving individual birds are normally
passed to other organisations or the police for action. However,
a number of proposals contained within the Draft Animal Welfare
Bill do have implications for wild birds or would benefit from
clarification and our comments on these follow.
2.0 Cruelty
2.1 Section 1(1) creates an offence of cruelty
depending on certain criteria being met. Clause (c) requires that
the animal is a "protected animal" which is defined
in Section 54(2). This definition includes at 54(2)(b)(iii) "is
temporarily in the custody or control of man". The RSPB has
on a number of occasions discovered cage traps that have caught
live birds where no shelter, food or water has been supplied.
Whilst this may contravene the terms and conditions of any licence
under which the trap is being used we believe that such circumstances
should also be covered under Section 1(1) of this Act. We urge
the committee and the government to take into account such circumstances
when considering the meaning of 54(2)(b)(iii) and to amend this
clause to clarify that animals temporarily caught in traps are
"temporarily in the custody or control of man".
3.0 Mutilation
3.1 Section 1(4) prohibits the mutilation
of any protected animal. Section 1(5) provides that the appropriate
national authority may by Order exempt such activity in certain
circumstances. It is common practice to pinion the wings of captive
wildfowl to prevent their escape into the wild. Withdrawal of
this practice could increase the likelihood of non-native species
escaping and becoming established in the wild. We believe the
national authorities should take account of conservation implications
when deciding which activities may be permitted by Order.
4.0 Regulations to promote welfare
4.1 Section 6 establishes the power for
national authorities to make provisions by regulation to promote
the welfare of animals kept by man.
4.2 We are aware that a number of organisations
have been campaigning to outlaw markets for exotic animals. We
note that such markets could continue under licences issued under
Section 6. Our own observations at a limited number of such markets
has indicated that on occasion large numbers of recently acquired
wild-taken birds are offered for sale. We are concerned that such
markets may be encouraging the importation of birds obtained from
unsustainable sources and encourage the national authorities to
consider the origins of birds and implications for conservation
when authorising such sales.
4.4 We are also aware that such sales do
on occasion provide an outlet for birds taken illegally in Britain.
We believe the itinerate nature of these markets can make enforcement
difficult and urge the national authorities to make provision
for adequate enforcement checks when drafting appropriate regulations.
4.5 We also note that clause 6(2)(f) provides
for national authorities to make provision for prohibiting or
regulating the use of any method of marking or restraining animals.
Certain research techniques involve the use of rings, tags or
transmitters being fitted to wild birds. Whilst we welcome guidance
on animal welfare in this area we believe that the national authorities
should take account of the importance of certain marking techniques
to research and conservation when drafting appropriate regulations.
25 August 2004
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