Legal advice - wildfowling

This section is intended for guidance only - If you have any problems regarding the laws on shooting please contact the BASC firearms department, quote your BASC membership number.
KWCA members should contact the Secretary.

Law on shooting Birds

The Environmental Protection (Restriction on Use of Lead Shot) (England) Regulations 1999

Prohibition on use of cartridges containing lead shot:
3. No person shall use lead shot for the purpose of shooting with a shot gun–
(a) on or over any area below high-water mark of ordinary spring tides;
(b) on or over any site of special scientific interest included in Schedule 1 to these Regulations; or
(c) any wild bird included in Schedule 2 to these Regulations. (Ducks, Geese and Swans (all species of each), Coot and Moorhen.

“lead shot” means any shot made of–
(a) lead, or
(b) any alloy or compound of lead where lead comprises more than 1% of that alloy or compound;

The following is an extact from the Home Office - Guide on Firearms Licensing Law April 2016.

Wildlife and Countryside Act 1981

14.32 The 1981 Act makes it a criminal offence to intentionally or recklessly kill injure or take any wild bird. However, quarry species (listed in Schedule 2, Part I) may be killed during prescribed open seasons. In certain circumstances an ‘authorised person’ is also permitted to kill or take certain species during the closed season covered by General or Personal Licences.

14.35 A number of animals are protected under Section 9 of the Wildlife and Countryside Act 1981 (as amended) via their inclusion in Schedule 5 of the Act. These species include:
i. red squirrels,
ii. dormice,
iii. water voles and
iv. adders.

14.36 In England and Wales, those animals that are known as European protected species (including all bats, otters and whales) are included in Schedule 5 for certain offences, but receive protection mainly from the Conservation of Habitats and Species Regulations 2010 in England and Wales. In Scotland, European protected species receive protection through the 2010 Regulations (SI 2010/490) for reserved matters and through the Conservation (Natural Habitats) Regulations 1994 (SI 1994/2716) (as amended in Scotland).
14.37 It is an offence to intentionally (or recklessly) kill or injure any species listed in Schedule 5 of the 1981 Act. Schedule 5 species are also protected against intentional or reckless taking. This includes the intentional or reckless damage, destruction or obstruction of any structure the animal uses for shelter or protection, or disturbing the animal while it is occupying such a structure.
14.38 In brief, the exceptions to the offences in relation to birds and animals include:
i. humane destruction of sick or injured birds or animals where there is no reasonable chance of recovery and, in England and Wales, where there is no satisfactory alternative. Further guidance on this exception can be sought from Defra;
ii. taking injured birds or animals for the purpose of rehabilitation
iii. where the act was the incidental result of a lawful operation and could not reasonably have been avoided, in circumstances where the person concerned could not reasonably have foreseen that the unlawful act would be an incidental result of carrying out the lawful operation:
iv. if it can be shown that action was necessary for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or any other form of property or to fisheries under the ‘farmer’s defence’;
v. under a licence issued by the relevant licensing authority; or
vi. the killing of certain species.

Taking and killing under the Wildlife and Countryside Act 1981
14.39 Species listed in Schedule 2, Part I (Part IA in Scotland) of the 1981 Act may be killed or taken outside the close season.
14.40 Species include:
Canada Goose
Coot
Common Snipe
Gadwall
Goldeneye
Golden plover
Greylag Goose
Mallard
Moorhen
Pink-footed Goose
Pintail
Pochard
Shoveler
Teal
Tufted Duck
White-fronted Goose (England and Wales only)
Wigeon
Woodcock

Ducks and geese (inland) may be taken or killed from 1 September to 31 January; and those in or over any area below the high-water mark of ordinary spring tides may be taken or killed from 1 September to 20 February. See sections 2(4)(c) and (d) of the Act.

Dates when other birds may be taken or killed (all dates are inclusive);
Coot, Moorhen, and Golden Plover may be taken or killed outside the close season from 1 September to 31 January in England, Wales and Scotland.
Common Snipe 12 August – 31 January
Woodcock 1 October – 31 January (England & Wales) - 1 September – 31 January (Scotland)
Under Section 2(3) the shooting of waterfowl and waders listed in Parts I and IA of Schedule 2 on Sundays and Christmas Day is not permitted in Scotland or on Sundays in the following English and Welsh counties and boroughs (or the areas they once covered):
Anglesey
Brecknock
Caernarvon
Carmarthen
Cardigan
Cornwall
Denbigh
Devon
Doncaster
Glamorgan
Great Yarmouth County Borough
Isle of Ely
Leeds County Borough
Merioneth
Norfolk
Pembroke
Somerset
North and West Ridings of Yorkshire.

14.41 Section 5(1)(c) and 11(2) of the 1981 Act also prohibits the use of automatic and semi-automatic weapons (automatic weapon and semi-automatic weapon as defined in Section 27 do not include any weapon where the magazine is incapable of holding more than two rounds) for killing or taking of Schedule 6 wild animals and all birds, except under a licence issued by the relevant wildlife licensing authority for each UK country.

Game
14.43 The need for a Game Licence to kill, take or pursue game and deer on unenclosed land in England and Wales was removed by the Regulatory Reform (Game) Order 2007 (SI 2007/2007) and in Scotland by the Wildlife and Natural Environment (Scotland) Act 2011. Game for these purposes is: hares, pheasants, partridges, grouse, heath or moor game and black game.
Dates when Game birds may be shot (taken/killed) are as follows from section 3 of the Game Act 1831 (all dates inclusive):

England and Wales:
Partridge 1 September – 1 February
Pheasant 1 October – 1 February
Black Game (heathfowl) 20 August – 10 December*
Grouse 12 August – 10 December
Capercaillie 1 October – 10 December†
*except in Devon, Somerset and in the New Forest in Hampshire when the open season is between 1 September and 10 December.
† While Capercaillie are not currently found in England and Wales as of 2013, they can legally be shot between these dates.
14.45 Note: There are no defences for the killing of the above species of game birds in the close season. Licences cannot be issued under either the Game Acts or the Wildlife and Countryside Act 1981 (as amended) to kill or take game birds during the close season. However, in exceptional circumstances, where the birds are causing serious crop damage, a Notice may be served under section 98 of the Agriculture Act 1947.
14.46 In England and Wales it is also an offence to kill or take game on a Sunday or Christmas Day during the open season.

Seen something suspicious on the coast? - Report it to Project KRAKEN

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Additional legal information for KWCA members:
(you have to login to see these sections of the website)

Summary of UK firearms law relating to shotgun ownership.

Details of secure storage / transport requirements for shotguns.

Contact details for Kent Police firearms department.

To inform Kent police of a shotgun transfer or disposal visit: https://www.kent.police.uk/ar/applyregister/fao/af/apply-firearm-shotgun-explosives-certificate/transfer-ownership-or-dispose-of-firearm/form/