BWRC Guidelines

The duties and responsibilities of volunteers must be well defined, and all prospective volunteers should be instructed on the risks of zoonotic infection and the potential hazards of handling wildlife.

Each volunteer must be aware of the varying needs of the different species and be conscious of the need to keep human contact to a minimum.

All volunteers must be made aware of all health and safety procedures applicable within the centre including fire, accidents, personal hygiene, personal protective equipment (including its proper use) and the relevance of safety notices.

No volunteer should be asked or permitted to handle any animal beyond their known capabilities and must be able to refer for help and instruction at any time.

Managers of Rehabilitation Units should consider public liability insurance cover and should seek advice on an appropriate disclaimer to be signed by volunteers.

1. Techniques and equipment used for the capture and transportation of wildlife casualties will depend on the circumstances prevailing and the species However, at all times care must be taken to ensure that any additional stress to which the casualty is exposed is minimised, that no further injury is sustained and that the animal is secure from escape. At the same time precautions must also be taken to ensure that both handlers and the general public are protected from any potential injury.
2. Rehabilitation units should ensure that, if they are prepared to attend wildlife casualties in the field, they have suitable, well-maintained equipment for the capture, restraint, first-aid and transportation of the species likely to be encountered and that all personnel are trained in the techniques (A suggested list of equipment is included -Appendix III.)
3. Containers employed for transportation to a rehabilitation unit or veterinary practice must be secure, preferably darkened, adequately ventilated and designed to ensure that the casualty cannot exacerbate existing injuries nor sustain further
4. All equipment used should be thoroughly cleaned, and disinfected or destroyed after If cardboard pet carriers are used, these should be incinerated.

Legal Aspects

1. Current K legislation relating to protected wildlife allows sick, injured and orphaned individuals to be taken into captivity either for treatment and release when fit or to be humanely destroyed.
   • Wildlife and Countryside Act (1981).
   • Protection of Badgers Act (1992).
   • Deer Act (1991)
   • Conservation of Seals Act 1970
   • Conservation of Habitats and species Regulations 2017.
2. Certain species cannot be rehabilitated and released (grey squirrel and muntjac deer) while others can only be kept and/or released under licence (e.g Canada goose). However, they can all be freed in situ if the circumstances are A grey squirrel, for example, can be freed and immediately released if it has inadvertently got itself caught in a bird feeder, providing this will not compromise the animal’s welfare.
   • Wildlife and Countryside Act 1981
   • Destructive Imported Animals Act 1932 (and subsequent orders)
   • Invasive Species (Enforcement and Permitting) Order 2019.
3. Any bird of prey listed on schedule 4 of the Wildlife and Countryside Act (1981) which requires rehabilitation can be kept (in England) under the terms of General Licence WML GL07 or WML GL08. It can be held in a suitably equipped unit by an authorised person for up to 15 days or six weeks if under the care of a vet. In both instances the keeper must inform the Animal Health Division of Defra within 4 days of taking the bird into their possession. More information is available here. A licence in similar terms has been issued by Natural Resources Wales in respect of Wales and by the Scottish Executive in respect of Scotland.

Wildlife and Countryside Act (1981) – Section 14 and Schedule 9

1. The handling and husbandry methods employed while the casualty is in captivity must not cause unnecessary suffering.
   • Animal Welfare Act 2006
   • Wildlife and Countryside Act (1981).
2. Transportation of a casualty should not cause additional injury or unnecessary
   • Animal Health Act (1981) – Transit of Animal Orders 1973, 1975, 1988
   • Welfare of Animals During Transport Order

1. At all stages of treatment, the welfare of the casualty must be the primary concern.
2. Each unit should have a close working relationship with a local veterinary practice, ideally one experienced in the treatment of wildlife
3. Facilities and trained personnel should be available in every unit to administer first-aid and to house a casualty in clean, secure, secluded and if required heated A basic kit of disinfected instruments, wound dressings and antiseptics should be available and maintained with the advice and assistance of the attending veterinary practice.

(A suggested first aid medical kit is including in Appendix III)

4. Consideration must be given to the risks of introducing infectious organisms and their control within the Control methods could include quarantine procedures, barrier nursing, not mixing species, and not allowing domestic animals near wild animal casualties.
5. Careful thought must be given to the assessment of each case, its welfare whilst in captivity, its potential for release and, if appropriate, its long-term care, taking into account the natural behaviour of that particular species. An early assessment of the condition of a casualty and the nature and extent of its injuries or disease is essential to establish a programme of treatment. Such assessment requires, in most cases, the assistance of a veterinary surgeon.
6. If at any stage euthanasia is considered to be the most humane approach this should be performed either by the attending veterinary practice or by trained personnel using techniques discussed and demonstrated by a veterinary surgeon.
7. A distinction in the approach to treatment may be made between 1) an injured or orphaned casualty and 2) a sick casualty. An injured or orphaned casualty may have suffered a genuine accident, and despite their injuries or abandonment remain essentially healthy. However, the health of a casualty suffering from an infectious disease or organ failure may be permanently damaged. It may remain a carrier of an infectious agent and although appear healthy still pose a threat to handlers, other animals within the unit and the wild population once released. Each animal for release should be assessed by an experienced rehabilitator or your veterinarian.
8. The unit’s facilities and the staff’s experience may be unsuitable for a particular species or type of treatments. In these circumstances they should not take on long-term rehabilitation but may administer first aid. Close links with other units able to provide these facilities and early referral of suitable cases will ensure the welfare of a casualty is not compromised.
9. Consideration must be given to protect personnel at a unit and members of the public from injury whilst handling casualties and from the risk from infectious agents (zoonotic infection). Working practices and training should be designed to minimize such Any rehabilitator working with bats must be vaccinated against rabies (contact with the BCT (Bat Conservation Trust) and others for details).
10. Facilities for treatment, food preparation and washing of bedding must be separate from those used by personnel and visitors.
11. Accommodation for wildlife casualties should provide the following:
    1. A safe, quiet place away from people so that the only contact is during cleaning feeding and treatment or other essential
    2. No wild animal (including birds) should not be kept near to or in close proximity to domestic animals. The mixing of wild species in captivity should take particular notice of the animals’ behaviours in the wild including, territoriality, sex, feeding habits and the time of year.
    3. Security from escape.
    4. Seclusion from threatening sights, sounds and smells, possibly with special facilities for heavily pregnant or suckling Predatory animals (including birds) should be kept away from prey species. Remember, many animals have better senses of smell and hearing than humans so keeping animals out of sight of each other may not be enough to prevent them sensing each other.
    5. Appropriate housing design to prevent the casualty damaging
    6. Provision for the capture and handling of the casualty without causing it undue stress or injury or prejudicing the safety of the handler.
    7. Ability to provide food and water in containers that the casualty can reach and They should be placed where they will not become soiled or spilled by the animal without excessive soiling and easily changed with minimum disturbance to the casualty
    8. The provision of heat, where necessary, in a safe and controllable manner while providing the animal the ability to move away from the heat source as
    9. Bedding and other cage enrichment should suitable for the species concerned and be provided in such a manner so that it does not contaminate the food or water or be contaminated by
    10. Provision to clean the floor and change any bedding with minimum disturbance to the casualty and to allow thorough physical cleaning and disinfection between patients.
    11. Disposal of waste, including carcasses, from the unit must be performed responsibly and conform to Environmental Health Procedures should be discussed with the attending veterinary practice and the Environmental Health Department of the local council.
    12. Environmental enrichment should be considered where possible. The welfare of any casualty can be improved by providing it with additional stimuli, especially if it mirrors situations in the wild. For example, wild animals do not feed from bowls, so providing animals the opportunity to forage, as opposed to simply eating, will help keep the animal mentally and physically active.

Legal Aspects

1. Throughout treatment the casualty must not be subjected to “unnecessary suffering”. The Animal Welfare Act 2006 protects all captive animals from unnecessary suffering and a wildlife casualty once confined in captivity is protected under the provisions of this Act.
2. The Animal Welfare Act also places a responsibility on those keeping animals (including wildlife undergoing treatment) to ensure the animals’ needs are These needs are defined under Section 9 of the Act as:
   1. need for a suitable environment;
   2. need for a suitable diet;
   3. need to be able to exhibit normal behaviour patterns;
   4. need to be housed with, or apart from, other animals;
   5. need to be protected from pain, suffering, injury and disease.
3. Treatment of animals is regulated by the Veterinary Surgeons Act The basic principle of the Act is to ensure that diagnosis and treatment of all animals is performed only by qualified veterinary surgeons or by other trained staff under their supervision. There are certain exclusions, notably the performance of minor non-invasive procedures by an owner on their animals. In this regard wild animals once in captivity are temporarily in the care and ownership of the handler.However, apart from emergency first aid and stabilisation any further treatment should, where practical, be performed after consultation with and under the supervision of a veterinary surgeon. Euthanasia may also be performed to prevent further suffering. There are a variety of physical techniques that do not require the services of vet and rehabilitators should be aware of these and should obtain training should they wish to use them.
4. The Wildlife and Countryside Act (1981) (section 8) prohibits the keeping of birds in cages which will not allow them to spread their wings in all This does not apply if the bird is being confined under veterinary supervision or being transported.

1. Following treatment most casualties, especially long-term casualties, will require a period of convalescence in suitably sized accommodation which, as far as possible, will mimic the natural environment and for many species will be in a secluded area away from human This will allow more normal feeding and behaviour patterns to be performed and strength to be regained. It will also allow further assessment to be made of the casualty’s potential for release.
2. No casualty should be considered for release without an assessment being made of its ability to survive in the wild independent of human
3. An establishment may not have the necessary facilities or experienced staff to allow for the convalescence phase for certain These establishments should maintain close links with other units that can provide these facilities to ensure the welfare of a casualty.
4. Convalescence Facilities
   1. Facilities for convalescence and pre-release assessment will require sufficient space to allow the casualty to exercise. The environment within the accommodation should be designed to enable and encourage the casualty to behave as naturally as possible.
   2. Such facilities must provide security from escape and
   3. Separate accommodation should be provided, where practical, for different species and age
   4. Design and positioning of the accommodation should ensure seclusion from undue Within the accommodation seclusion boxes or screened areas may be provided to which the casualty can retreat. Methods of feeding, watering and cleaning the accommodation should cause minimum disturbance to the occupant.
   5. Provision for observation of the casualty without disturbance (for example use of CCTV) will allow a more accurate assessment of the patient’s behaviour and potential for

1. The ultimate aim of any attempt to treat a wildlife casualty must be to return the patient to the wild in such a condition, at such a time and in such a place as to give it the optimum chance of
2. Before the release of any patient an assessment should be made of its ability to survive in the This assessment must be based on the condition and behaviour of the animal and an appreciation of its habits and natural history. The opinion of a suitably experienced veterinary surgeon may often be helpful, especially in assessing patients which have received long term care.In assessing a patient at the completion of treatment particular attention should be paid to the following:Physical condition
   1. Typical level of fitness and stamina comparable to wild counterparts to protect and defend itself and to perform sustained activity required for survival in the wild, g. hunting, searching for food, evading predators, migration, etc.
   2. Senses of sight, sound, smell and touch should be apparent to allow acute awareness of its environment e.g. binocular, wide field vision, echo, olfactory and acoustic location etc.
   3. Condition of the integument e.g. fur, feathers, scales and spines, should be comparable to wild counterparts and also the ability to maintain it (grooming/preening), e.g. for thermal regulation, water proofing, protection, flight and control of ectoparasites etc.
   4. Physically capable of reproduction.

   Mental condition

   1. Ability to recognise its own species, e.g. mate selection.
   2. Ability to recognise natural food resources without dependency on supplementary
   3. Sufficient social skills to interact with, or avoid other
   4. Predator awareness including Any animal that has lost the fear of man should not be released; such animals pose a danger to people and themselves.
3. As a general rule short term patients should preferably be returned to a safe position as close as possible to the site where they were long term patients present particular problems because, in many cases, their previous territory may have altered or been occupied by the time of release. Their release into suitable habitat with sufficient food resources, minimum threat from predators (including man) and from territorial aggression shown by members of their own species requires thorough investigation of suitable sites. Involving the help of local naturalists and others with knowledge of any proposed release site is encouraged.
4. The method of release should ensure that the patient, especially if at the end of a prolonged period of captivity, has time to adjust to its new surroundings and possibly be provided with a source of supplementary feeding once
5. Permission and maybe co-operation should be obtained from land owners or managers to release casualties, especially long-term care patients, on their land.
6. Marking (under licence, wherever appropriate) and monitoring of released animals is beneficial in obtaining information on the survival rates and movements of rehabilitated wildlife after release.
7. Where specific studies have been carried out on the fate of released animals of the species to be released, the findings should be considered carefully with a view to ensuring that future releases are carried out with the greatest chance of success.

Legal Aspects

1. The release of any animal into the wild in a condition which would prejudice its chances of survival contravenes the Animal Welfare Act 2006.
2. Under Section 14 of the Wildlife and Countryside Act the release of non-indigenous species is prohibited without a licence from Natural England (Welsh Assembly Government in Wales, or Scottish Natural Heritage in Scotland). Non-indigenous species are defined by the Act as
   • is of a kind which is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state; or
   • is included in Part I of Schedule 9,
3. It is illegal to release into the wild species listed under the Invasive Species (Enforcement and Permitting) Order 2019, such as grey squirrels and muntjac deer
4. Marking of released animals by tags, collars, leg rings is controlled under the Wildlife and Countryside Act and the Badgers Act 1982 and licences must be obtained to run such schemes. Birds marked under the British Trust for Ornithology ringing scheme are handled by trained and licensed ringers.

1. The ethics of keeping a permanently disabled casualty should be assessed by each rehabilitator for each Opinions may vary but the animal’s welfare should be the overriding consideration. Provision should be made for the mental and physical well-being of any casualty kept permanently. Family groups may well be important for many species and territorial considerations should be taken into account, especially in the breeding season.
2. Breeding must be avoided unless participating in a registered bona-fide breeding
3. Permanent casualties should be assessed daily by a competent person and records kept on their diet, health and veterinary
4. Accommodation for permanently disabled casualties should be a separate Adequate space should be provided and the habitat enhanced to mimic the natural environment of the species, whilst allowing close monitoring and good standards of husbandry and veterinary care.
5. All equipment should be exclusive to the unit and the highest standards of hygiene practised for the control of cross infection.

The BWRC does not condone the permanent captivity of any wild animal.

Legal Aspects

1. Whilst there is no specific legislation relating to permanently disabled casualties, it should be remembered that the various defences in wildlife legislation for anyone in possession of a protected wild animal relate only to the purpose of tending it and returning it to its wild state. The inference, therefore, is that it is not acceptable to keep such animals in captivity.Ambiguity arises over the cases where eventual release would not be possible either at the time of capture or during treatment (e.g. a one-winged bird or blind mammal). It will become apparent that these casualties are not covered by the exclusions of the Act. It has not yet become a legal argument that these animals should be euthanased but it should be remembered that the animals in question will be protected by the provisions of the Animal Welfare Act 2006.Defra advises that anyone keeping a wild bird that was admitted for rehabilitation but not able to be released, should have a statement from their vet saying that the bird is unlikely to survive in the wild. https://www.gov.uk/guidance/keeping-wild-birds-or-animals#keeping-wild-birds

2. The manner of captivity (restraint, feeding, mobility) must not cause any further unnecessary No casualty should be kept if it can be shown to be in persisting pain. The Animal Welfare Act 2006 not only prohibits any kind of cruelty (mental or physical) to captive animals, including birds, either directly or through poor housing and husbandry, but it also imposes a duty of care on any keeper that the animal’s needs, as defined by Section 9 of the Act, are met.

   (Other relevant legislation is listed in Appendix I.)

There is a legal necessity to be able to show reason for being in possession of most wild animals in the UK. To fulfil the requirements of Section 1 of Wildlife and Countryside Act the following should be recorded:

• Species, age, sex.
• Date and time of receipt; origin or location of capture.
• Name, address and telephone number and e-mail address of finder.
• Condition on arrival; findings on examination, treatment administered and provisional prognosis. Records should be kept throughout the period of captivity.

Result:

• If dead or PTS post mortem findings if possible
• If released, ring, tattoo, or chip number or other form of identification
• Location of release.

Records are important, not only for legal purposes, but to increase our knowledge of the treatment, diseases and ultimate fate of wildlife casualties. Every effort should be made to analyse the results of rehabilitation for publication in relevant newsletters and journals.

The duties and responsibilities of volunteers must be well defined, and all prospective volunteers should be instructed on the risks of zoonotic infection and the potential hazards of handling wildlife.

Each volunteer must be aware of the varying needs of the different species and be conscious of the need to keep human contact to a minimum.

All volunteers must be made aware of all health and safety procedures applicable within the centre including fire, accidents, personal hygiene, personal protective equipment (including its proper use) and the relevance of safety notices.

No volunteer should be asked or permitted to handle any animal beyond their known capabilities and must be able to refer for help and instruction at any time.

Managers of Rehabilitation Units should consider public liability.

Wildlife legislation has evolved in the UK to promote the conservation of certain species. It generally prevents the deliberate killing, injuring or taking of a protected wild animal, and puts in place provisions for protected animals to be taken, for specific purposes, and/or at specific times. Although there have been Acts protecting some game species, the first main piece of conservation legislation in the UK was the Protection of Wild Birds Act 1954, revised in 1967. Over time, it became apparent that other species required protection and the Conservation of Wild Creatures and Wild Plants Act 1975 came into being. It was then felt that these pieces of legislation should be consolidated into one new piece of legislation, and so the Wildlife and Countryside Act was born in 1981. European legislation has also been an important driver of domestic legislation; the Conservation of Wild Birds (Birds Directive) (79/409/EEC) and the Conservation (Natural Habitats, &c) Directive 1992 (Habitats Directive) (92/43/EEC) are relevant and have been enacted in the UK under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2017.

There is some legislation that deals primarily with welfare of wild animals as opposed to conservation and these are detailed below. There are no specific licences required for wildlife rehabilitation, but there are some licensing issues related to keeping and releasing of rehabilitated wildlife of which all rehabilitators should be aware.

This page provides a summary of the legislation that is pertinent to wildlife rehabilitation. It is recommended that you should refer back to original legislation for clarification, and the subsequent amendments. The BWRC would recommend the following website: http://www.statutelaw.gov.uk/ and although we would state that the legislation listed may not always be up-to-date, this website does display each act with the relevant amendments, as and when they appear.

Further information on wildlife legislation and licences etc. can also be found at:

https://www.gov.uk/government/organisations/natural-england for England;

http://naturalresourceswales.gov.uk/splash?orig=/ for Wales;

http://www.snh.org.uk for Scotland.

Following devolution, it should be remembered that some aspects of licensing may vary in Wales, while Scotland and Northern Ireland have their own legislation and that is also detailed below.

The Wildlife and Countryside Act 1981 (as amended).

This is the primary piece of legislation in England and Wales for protecting wildlife. All birds and a variety of other plant and animal species are protected under this Act, BUT NOT ALL. The Act also includes sections relating to Sites of Scientific Interest, National Parks and countryside access and rights of way. Note that Scotland has its own legislation relating to wildlife, but there is still some crossover with English legislation.

The Act has been amended on a number of occasions, most notably by the Countryside and Rights of Way Act (2000) Natural Environments and Rural Communities Act (2006) and the Conservation of Habitats and Species Regulations (2010). However, not all these pieces of legislation will be discussed here.

This legislation makes it an offence to deliberately take, kill or injure a protected wild animal, or to intentionally, or recklessly, disturb such an animal in its place of shelter, or to damage, destroy or obstruct access to its place of shelter. It is also an offence to be in possession of a protected animal, live or dead.

However, the Act also includes various defences. Some are discussed below, under Schedules, but the important ones, as they relate to wildlife rehabilitation, are Part 1, Section 4 (2) a and b for birds and Part 1, Section 10, (3) a and b for animals listed on Schedule 5 of the Act.

Wildlife and Countryside Act, Part 1, Section 4:

(2) Notwithstanding anything in the provisions of section 1 or any order made under section 3, a person shall not be guilty of an offence by reason of—

(a) the taking of any wild bird if he shows that the bird had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;

(b) the killing of any wild bird if he shows that the bird had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering;

Wildlife and Countryside Act, Part 1, Section 10:

(3) Notwithstanding anything in section 9, a person shall not be guilty of an offence by reason of—

(a) the taking of any such animal if he shows that the animal had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled;

(b) the killing of any such animal if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering;

These defences allow anybody to pick up and treat a protected wild animal for the purposes of tending and releasing it, or, to euthanase it to prevent further suffering.

Another important section for rehabilitators to be aware of the Section 14, which prohibits the release of certain animals into the wild:

Wildlife and Countryside Act, Part 1, Section 14. Introduction of new species etc.

(1) Subject to the provisions of this Part, if any person releases or allows to escape into the wild any animal which—

(a) is of a kind which is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state; or

(b) is included in Part I of Schedule 9,

he shall be guilty of an offence.

Schedules

The Act contains a number of Schedules, relating to particular sections of the Act. The following are of direct interest to the rehabilitator.

Schedule 4 lists species of birds that must be registered and ringed if kept in captivity – this includes rehabilitation. There are General Licences that allow certain people to keep these birds for a certain period of time, e.g. a vet may keep such a bird for six weeks, before he is required to register it.

Schedule 5 lists the species of animals, other than birds, that are protected by the Act.

Schedule 9 lists animals that are thought to be living in the UK, but whose release would be an offence under Section 14, unless you have a licence to do so.

Licences

Licences may be issued under Section 16 of the Act for a variety of purposes; for instance, it is possible to apply for a licence to release a rehabilitated Canada goose, but you may not necessarily be permitted to do so, depending on where you live etc. The licences are issued by the statutory nature conservation organisations (SNCOs), such as Natural England, Natural Resources, Wales and Scottish Natural Heritage.

Licences come with specified conditions; any breach of these conditions is an offence, so if you should obtain a licence for an activity, ensure that you read all the conditions attached to it.

General Licences

General Licences allow certain activities to be undertaken that would otherwise be unlawful and rehabilitation is one example. They cover a variety of activities that are considered to be low risk and where the likelihood is that any application for a licence would be granted. This therefore reduces the bureaucratic workload.

No application is required for a General Licence, they can just be downloaded from the appropriate website. General Licences also come with conditions which must be strictly adhered to. They are reissued every year, and are subject to revision, so the BWRC recommends that you check the relevant websites to see if a licence has been updated, before you undertake any activity covered by such a licence.

Examples of General Licenses for the rehabilitator are:

WML GL07 – To keep birds of species listed on Schedule 4 bird for the purposes of rehabilitation.

WML GL08 – To keep birds of species listed on Schedule 4 bird for the purposes of veterinary treatment (note the conditions are different to L07).

WML GL22 – To permit the release of native bird species listed on Schedule 9.

Further information on licensing in England can be found at:

https://www.gov.uk/government/collections/general-licences-for-wildlife-management

For Wales:

http://naturalresourceswales.gov.uk/apply-and-buy/uk-protected-species-licensing/?lang=en

For Scotland:

http://www.snh.gov.uk/protecting-scotlands-nature/species-licensing/

Conservation of Habitats and Species Regulations 2017

This legislation translates into UK legislation, the EEC Council Directive 92/43/EEC, The Conservation of Natural Habitats and of wild fauna and flora, known as the Habitats Directive. This legislation protects habitats and species across Europe and so includes species on animal found in the UK. These species are known as European Protected Species (EPS) and these regulations are the primary regulations protecting these species, NOT the Wildlife and Countryside Act. These species include the otter, common dormouse and all bats.

Section 43 provides protection for these European Protected Species (EPS) which are listed on Schedule 2. Like the Wildlife and Countryside Act, it has similarly worded defences for rehabilitation of any species protected under Section 44. These Regulations require all those who are keeping either a; a wild animal of an EPS species or b; part of, or anything derived of, a wild animal of an EPS species, to have a licence. Although rehabilitation is permitted under the Regulations, the various SNCOs are considering time limits for holding different species in care before a licence is required. For instance, you do not need a licence to rehabilitate a bat unless you intend to keep it for longer than six months.

Invasive Species (Enforcement and Permitting) Order 2019

This legislation transposes EU Invasive Alien Species (IAS) Regulation (1143/2014) which came into force on 1 January 2015. The Regulation imposes strict restrictions on a list of species known as ‘species of Union concern’. These are species whose potential adverse impacts across the European Union are such that concerted action across Europe is required to manage their impact.

Currently, 30 animal species are listed as ‘Invasive Alien Species’, published in three Commission Implementing Regulations: 2016/1141, 2017/1263 and 2019/1262.

In March 2019, legislation was also published that would implement the EU legislation into UK law, so that the restrictions on the listed species will continue to apply after Brexit. The Invasive Species (Enforcement and Permitting) Order 2019 came into force on 1st December 2019. The new regulations make it an offence to keep, breed or release these animals and as a result. revokes the licences that RSPCA and others hold in England to rehabilitate and release grey squirrels and muntjac deer. As licences for such releases have never been available in Wales, the situation for these species in Wales remains unchanged. The transport of these animals is also prohibited under the new regulation, although we are currently seeking clarification from Natural England/Natural Resources Wales whether we will be permitted to transport animals to a vets or other licensed establishment for euthanasia.The regulations also require that any establishments keeping listed species are licensed by Natural England or Natural Resources Wales; further details of the new licence to move and keep invasive alien species are available here for England and here for Wales.

Protection of Badgers Act, 1992

The Protection of Badgers Act (The Badger Act) is primarily aimed at protecting the welfare of wild badgers, a species that has been persecuted in the UK for many years. Like the Wildlife and Countryside Act, 1981, it has specific provisions for the rehabilitation of badgers, or their euthanasia:

Protection of Badgers Act 1992, Section 6. General exceptions.

A person is not guilty of an offence under this Act by reason only of—

(a) taking or attempting to take a badger which has been disabled otherwise than by his act and is taken or to be taken solely for the purpose of tending it;

(b) killing or attempting to kill a badger which appears to be so seriously injured or in such a condition that to kill it would be an act of mercy;

Deer Act, 1991

The Deer Act provides for the hunting of deer and so regulates how, and it what manner, deer may be taken. As such, it also includes provisions for rehabilitation and/or euthanasia:

Deer Act 1991 Section 6, General exceptions:

(2) A person shall not be guilty of an offence under section 2 or section 3 above by reason of any act done for the purpose of preventing the suffering of an injured or diseased deer.

Conservation of Seals Act 1970

The Conservation of Seals Act was enabled to protect the British seal population, but it does give allowances for the control of seals in some circumstances. It also has the following provisions for rehabilitation:

The Conservation of Seals Act, 1970, Section 9, General Exceptions:

(1) A person shall not be guilty of an offence under section 2 or 3 of this Act by reason only of—

(a) the taking or attempted taking of any seal which had been disabled otherwise than by his act and was taken or to be taken solely for the purpose of tending it and releasing it when no longer disabled;

(2) A person shall not be guilty of an offence under section 1, 2 or 3 of this Act by reason only of the killing of any seal which had been so seriously disabled otherwise than by his act that there was no reasonable chance of its recovering.

Wild Mammals Protection Act 1996

This Act makes it an offence to use a variety of methods to intentionally cause suffering to a wild mammal. It also has exemptions, related to euthanasia:

Wild Mammals Protection Act, 1996, Section 2, Exceptions from offence under the Act:

2. A person shall not be guilty of an offence under this Act by reason of—

(a) the attempted killing of any such wild mammal as an act of mercy if he shows that the mammal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering;

Animal Welfare Act 2006

The Animal Welfare Act does not cover wild animals living in the wild, but under Section 2 of the Act, any animal that is under the temporary control of man, is a protected animal:

Animal Welfare Act, 2006, Section 2, “Protected Animal”

An animal is a “protected animal” for the purposes of this Act if—

(a) it is of a kind which is commonly domesticated in the British Islands,

(b) it is under the control of man whether on a permanent or temporary basis, or

(c) it is not living in a wild state.

Therefore, any wild animal taken in for the purposes of rehabilitation becomes a protected animal, and as such, deserves a duty of care as defined in Section 9 of the Act. This duty of care defines an animal’s needs as:

• its need for a suitable environment

• its need to be able to exhibit normal behaviour patterns

• any need it has to be housed with, or apart from, other animals

• its need to be protected from pain, suffering, injury and disease

• any other need of that animal

More details of how this legislation affects wildlife rehabilitators can be found in a booklet produced by the RSPCA, which is available to download from their website:

http://www.rspca.org.uk/sciencegroup/wildlife/reportsandresources/rehabilitation

Protection of Animals Act 1911

Although most of this legislation was repealed by the Animal Welfare Actm, there are tow provisions that remain relating to wildlife. One is in regard of setting traps for hares and rabbits, including inspection times. The other makes it an offence to put down poison for any animal, unless it is listed in the Act (e.g. rats, mice, small ground vermin, invertebrates).

The Welfare of Animals During Transport Order 2006

The 2006 Order must be read along with Council Regulation (EC) 1/2005 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:003:0001:0044:EN:PDF

Section 4 of the Welfare of Animals During Transport Order 2006 protects for all animals in transport, including invertebrates. All other sections of this Order refer to the Council Regulation. These Regulations exist to protect farm livestock, but they include general principles which should be borne in mind. Article 1 states “This Regulation shall not apply to the transport of animals which does not take place in connection with an economic activity and to the transport of animals directly to or from veterinary practices or clinics, under the advice of a veterinarian.” The regulation lays down all the provisions for animals in transport that come under the definition of an economic activity, e.g as a business or commercial venture, such as hauliers. The only defences are listed as those that are exempted from the regulation and not an economic activity.

This Order stipulates the construction and use of receptacles in which animals are transported. The main conditions are that the receptacle is suitable for the species contained therein.

That there is means of inspection.

That the animal can stand in its natural position, turn around and lie down.

That there is suitable ventilation and litter (bedding) and that the animals are fed and watered at suitable intervals according to species.

No animal should be transported within sight of a natural predator.

Therefore, these conditions apply to healthy wild animals in transit.

Destructive Imported Animals Act 1932

Various Orders are made under this Act to control non-native animals living in this country but must be viewed in reference to the Invasive Alien Species (Enforcement and Permitting) Order 2019. The Coypu and Mink Order 1972 creates an offence for keeping these species without a licence. Such licences are obtained from Natural England or equivalent but it may be difficult to acquire such licences because the purpose of these Orders is to eradicate these species. The non-indigenous Rabbit Order 1954 also creates an offence of liberating non-indigenous rabbits.

Control of Trade in Endangered Species (Enforcement) Regulations 2018 (COTES)

These Regulations enact the Convention in Trade of Endangered Species (CITES) in UK legislation. Although unlikely to affect rehabilitators, it should be noted that permits are required to sell or display certain animals that are listed in the Annexes. Therefore, you should be aware which species are listed and be aware of the legislation.

Veterinary Surgeons Act 1966 (as amended)

Section 19 provides penalties for those who practice, or hold themselves out as practising, veterinary surgery without having been enrolled by the Royal College of Veterinary Surgeons on their register. The general principle here is that an unqualified person should not carry out veterinary surgery, so those looking after wild animals in captivity should, in areas of doubt, always seek professional veterinary advice. There are some exceptions to this rule in so far as rendering first-aid, in emergency, for the purpose of saving life or relieving pain is acceptable. The expression “first-aid” means the first assistance or treatment given to a casualty for any injury or sudden illness before a medical expert attends. It may involve improvising with facilities and materials at the time. There is reasoned argument that such treatment cannot be extended over a long period as the urgency of the situation will have been attended to and it is reasonable that, where necessary, expert medical advice is sought afterwards.

This legislation precludes anyone not registered, as above, from giving “professional advice” or from receiving payment for treatment. Other exceptions occur under the principal Act, and subsequent Orders, regarding minor operations of an agricultural nature and some procedures which are carried out under the supervision of a veterinary surgeon by a lay person. If in any doubt, you are advised to seek advice prior to carrying out any treatment.

When a drug is prescribed by a veterinary surgeon for a specific animal’s condition, an unqualified person must not take it upon themselves to use that drug for any other purpose. Prescription only medicines are strictly controlled by law and these can only be prescribed by a qualified person, i.e. a medical practitioner or a veterinary surgeon.

Protection of Animals (Anaesthetics) Acts 1954 & 1964

Under this legislation, the term “animal” does not include “fowl or other bird, fish or reptile”. Otherwise, it does include all other vertebrates.

The spirit of this legislation is to prevent any painful operation being carried out on any animal without the appropriate anaesthetic being administered. With the exception of some routing agricultural operations, anaesthetics would normally only be administered by a registered veterinary surgeon. Unless the treatment administered to a wild animal comes within the category of “first-aid” (see Veterinary Surgeons Act above), no person will carry out any operation on any captive wild animal without having regard to this legislation and the Animal Welfare Act 2006.

Zoo Licensing Act 1981

Under the Zoo Licensing Act 1981, a licence is required to allow the public to view wild animals “with or without charge for admission, on more than seven days in any period of 12 consecutive months”. Such a licence is obtainable from the Local Authority and any establishment will be subject to inspection by a member (or members) of the Secretary of State’s Inspectorate. The Dangerous Wild Animals Act 1976 (as amended) states that if any animal Scheduled under this Act is kept then a licence from the Local Authority is required.

It is suggested that each unit ensures that senior personnel are competent in performing techniques involved in wildlife rehabilitation and that they have received instruction from their attending veterinary practice and also, possibly, by enrolling on various courses of practical instruction.

A list of basic techniques should include:

• Handling and restraint – various species.
• Hand rearing of dependent young.
• Wound management.
• Bandaging techniques.
• Administration of medication.
• Administration of fluids.
• Hygiene practices to prevent spread of infectious diseases.
• Euthanasia.

Knowledge of the natural history and normal behaviour of the species being handled should also be acquired.

It is suggested that units maintain a basic reference library and a list of contacts with specialist knowledge.

There are a number of courses available and details of many of these are available on the BWRC website.

Medical kit:

• dressings
• fluids including Hartmans solution (lactated ringers)
• syringes and crop tubes
• antiseptic/insecticidal wound powders
• antiseptic solution eg povidone – iodine
• antiseptic wound cream
• ectoparasiticides/anthelmintics
• instruments – scissors, forceps
• wire cutters.

APPENDIX III

Accommodation with safe and controllable heating and fitted with thermometers/thermostats.

Handling equipment:

• grasper
• hook
• gloves
• boxes
• cages
• blankets
• wire cutters
• nets
• draw-string bags
• survival blanket
• field first aid kit
• pads
• splints
• Human 1st aid kit
• Accident book
• Kitchen equipment.

It is suggested that each unit produces a ‘statement of facilities’ which will outline the maximum capacity of the unit and its working practices.

It is felt that in doing so units will look more critically at their facilities and methods of working and by regularly reviewing their ‘statements’ will have a basis for re-appraisal.

A list of items for inclusion in such a ‘statement’ might include:

• Species and maximum numbers of casualties to suit facilities available; Hygiene routines – daily and weekly
• Personnel hygiene and accident prevention, compliance with the Health and Safety at Work legislation and Control of Substances Hazardous to Health (COSHSH) Regulations
• Waste disposal; Veterinary support
• Health & safety
• Employees and Public Liability Insurance
• Unit’s policy regarding volunteers
• Associated centres
• Protocol to deal with an escape
• Procedure in the event of a fire.