Wildlife Legislation and Pest Control: Wildlife and Countryside Act, General Licences, Protected Species List

Summary

The interaction between pest control and wildlife law is poorly understood by many practitioners, yet the consequences of getting it wrong are serious: criminal prosecution, unlimited fines, and custodial sentences in the most severe cases. The Wildlife and Countryside Act 1981 offers broad protection to wild birds (Schedule 1 for the most sensitive species, general protection for all others) and to a range of mammals, reptiles, and amphibians. The Countryside and Rights of Way Act 2000 strengthened enforcement provisions and extended protections.

General Licences (GLs) are the mechanism by which pest control of otherwise protected bird species is made lawful. Until 2019, General Licences in England operated as blanket authorisations — any eligible person could use them for the stated purposes without registration. Following a successful legal challenge by Wild Justice, Natural England revoked its General Licences in April 2019 and has since reissued them in revised form. The current General Licences require users to satisfy themselves that they are eligible and to act in accordance with the conditions, including using non-lethal methods where they are practicable and effective.

For pest controllers, the relevance of wildlife legislation extends well beyond birds. Secondary poisoning from second-generation anticoagulant rodenticides (SGARs) affects raptors, owls, and foxes — all protected or managed species. Bat roosts are legally protected under the Conservation of Habitats and Species Regulations 2017, and pest work inside buildings with active bat roosts requires a licence from Natural England. Grey squirrels, mink, and certain other invasive non-native species have their own regulatory frameworks that affect how they can be controlled and whether captured live animals can be released.

Key Facts

• Wildlife and Countryside Act 1981 — Main UK wildlife protection statute; amended by Countryside and Rights of Way Act 2000 and others; Schedule 1 lists specially protected birds
• All wild birds are protected — The default position is that all wild birds, their nests, and eggs are protected; specific derogations allow control only within strict conditions
• General Licences (England) — Issued by Natural England; currently three active licences (GL01, GL02, GL03 — numbers vary by revision); cover lethal and non-lethal control of specific species for specific purposes
• General Licences (Wales) — Issued by Natural Resources Wales; separate licence numbers and species lists; check NRW for current versions
• General Licences (Scotland) — Issued by NatureScot; separate from England and Wales
• Licensable bird species under current GLs (England) — Include feral pigeon, carrion crow, jackdaw, magpie, jay, rook, woodpigeon, Canada goose (under specific conditions)
• Purposes covered by GLs — Primarily: (1) conservation, (2) preserving public health or safety, (3) preventing spread of disease, (4) preventing serious damage to crops, livestock, foodstuffs, or property
• Bat roosts — All 18 UK bat species are protected under the Conservation of Habitats and Species Regulations 2017; disturbing, injuring, or killing bats, or destroying/obstructing a roost, is an offence even if bats are not present at the time
• Schedule 1 birds — Include barn owl, peregrine falcon, kingfisher, red kite; any disturbance at the nest is an offence — applies even if the pest controller was not aware a Schedule 1 bird was present
• Grey squirrels — Not protected; may be killed by any lawful means; but captured grey squirrels must NOT be released — doing so is an offence under the Wildlife and Countryside Act 1981 (Schedule 9, invasive species)
• Red squirrels — Fully protected under Schedule 5; any pest control work near red squirrel habitat requires extreme care
• Mink (American mink) — Invasive; may be controlled; but cannot be released if caught alive
• Hedgehogs — Protected under Schedule 5; cannot be intentionally killed; disturbing a hibernation site is an offence
• Common toad, great crested newt — Protected to varying degrees; can be affected by rodenticide or insecticide use near ponds
• WIIS (Wildlife Incident Investigation Scheme) — Reports and investigates suspected secondary poisoning of wildlife; operated jointly by HSE and Natural England
• Secondary poisoning risk — Rats and mice killed by SGARs are consumed by barn owls, kestrels, buzzards, and foxes, which then accumulate toxic levels; CRRU Code exists partly to address this

Quick Reference Table

Detailed Guidance

Understanding the General Licence System

General Licences authorise pest control operations without requiring individual applications, provided the user meets eligibility criteria and the control is carried out for a purpose specified in the licence. In England, Natural England's current General Licences (revised following Wild Justice legal challenge) are structured around purposes rather than simply listing species.

The key eligibility requirement is that the person using the GL must:

1. Be acting for one of the stated purposes (e.g., preserving public health, preventing serious damage to property)
2. Have a reasonable basis for believing non-lethal methods are impracticable or would not prevent the damage
3. Comply with all conditions in the GL, including welfare requirements for live traps

The "non-lethal first" principle is important. If an EHO or wildlife officer questions the basis for lethal control, the operator must be able to explain why alternatives (netting, spikes, gel, deterrents) were not practicable. This is not a high bar — for an established pigeon roost causing structural damage to a listed building, lethal control is clearly justified — but it must be considered and documented.

Individual Species Licences: For Schedule 1 birds, bats, and other fully protected species, any work that might affect them requires an individual licence from Natural England (or NRW / NatureScot). These are not automatically granted and require ecological surveys to demonstrate impact and mitigation. Pest controllers whose work takes them into buildings with potential bat roosts (roof works, loft treatments) must know when to stop and refer to a licensed bat surveyor.

Bats and Building Works

Bat roosts are among the most commonly encountered wildlife law issues in pest control and building maintenance. All UK bat species are protected under the Conservation of Habitats and Species Regulations 2017 (which implements the EU Habitats Directive, retained in UK law). The protection is absolute: it is an offence to deliberately kill or injure a bat, to deliberately disturb a bat in a way that affects its ability to survive or breed, or to damage or destroy a bat roost — even when no bats are present.

Pest controllers working in roof voids, loft spaces, and wall cavities must be alert to bat evidence: droppings (dark, rice-grain-sized, crumbly), bat bodies, grease marks, or the bats themselves. If bat evidence is found:

1. Stop work immediately. Do not proceed with any treatment or physical work that could affect the roost.
2. Inform the client that a bat roost has been found and that work requires a bat survey and Natural England licence before it can proceed.
3. Do not apply any pesticides in the area — many standard pest control products are lethal to bats.
4. Contact the Bat Conservation Trust (0345 1300 228) for guidance on the next steps.

The Bat Conservation Trust publishes guidance on bat-compatible building works. Natural England's Bat Mitigation Class Licences streamline some routine roost work, but individual licence applications are required for major works affecting roosts.

Rodenticide Use and Secondary Poisoning

The secondary poisoning risk from SGAR rodenticides is a wildlife law issue, not just a CRRU Code issue. Under the Wildlife and Countryside Act 1981, killing a protected bird or animal — even unintentionally — through the use of a pesticide can constitute an offence, particularly where the risk was foreseeable. Barn owls, kestrels, red kites, buzzards, and sparrowhawks are all documented SGAR secondary poisoning victims in the UK.

The CRRU Code of Best Practice sets out mitigations: secure bait stations that exclude non-target wildlife, maximum bait amounts, clear-up requirements for dead rodents, and restrictions on outdoor use of high-risk SGARs. The HSE's Wildlife Incident Investigation Scheme (WIIS) investigates reports of dead or sick wildlife and can trace poisoning back to a specific treatment. WIIS investigations have resulted in HSE enforcement notices and, in more serious cases, prosecution under COSHH and wildlife legislation.

Practical mitigations for pest controllers:

• Use first-generation anticoagulants (FGARs) where effective — they carry lower secondary poisoning risk
• Use non-anticoagulant rodenticides (e.g., alphachloralose for mouse control — with conditions) where appropriate
• Use break-back traps as an alternative to rodenticide where the environment demands it
• Always use fully tamper-resistant bait stations outdoors
• Collect and dispose of dead rodents promptly
• Record all bait placed and removed

Spring Traps, Cage Traps, and Trap Welfare

The Spring Traps Approval Order (various editions, most recently amended) specifies which spring traps may be used and the conditions for their use. Key points:

• Only approved types of spring trap may be used. Currently approved traps include the Fenn Trap (Mk IV and VI), the Bodygrip (various models), the Springer, and others — check the most current Spring Traps Approval Order.
• Spring traps must be set in a natural or artificial tunnel to prevent access by non-target species, including domestic cats, dogs, and protected animals.
• Cage traps must be checked at least once a day — allowing animals to die of stress, dehydration, or starvation in a cage trap is an offence under the Animal Welfare Act 2006.
• Larsen traps (used for corvid control under General Licence) require a live decoy bird; the decoy must be provided with food, water, and shelter and must be checked daily.

Invasive Non-Native Species

Several species that pest controllers encounter are listed under Schedule 9 of the Wildlife and Countryside Act 1981 as invasive non-native species (INNS). It is an offence under Section 14 to release or allow to escape into the wild any Schedule 9 species. This creates specific obligations:

• Grey squirrels, mink, and signal crayfish caught alive in traps must be humanely killed — they cannot be relocated and released elsewhere.
• Chinese mitten crab — A Schedule 9 aquatic species; if encountered in drainage work, must not be released.

The GB Non-Native Species Secretariat (GBNNSS) maintains the current list of Section 14 / Schedule 9 species and provides guidance on legal obligations.

Frequently Asked Questions

Can I use General Licences for all pigeon control?

No. General Licences cover specific species (including feral pigeon in England) for specific purposes. You must satisfy the eligibility criteria — there must be a genuine need related to public health, property protection, or a similar listed purpose. Using a GL simply because pigeon presence is inconvenient, without a specific harm being prevented, is not lawful. Additionally, General Licences do not cover all bird species — they do not cover wood pigeon nesting, certain gull species without specific conditions, and do not cover any Schedule 1 species whatsoever.

What should I do if I find a dead owl or raptor near a treatment site?

Report it to the WIIS via HSE or Natural England. Do not dispose of the carcass. Place it in a sealed plastic bag with your contact details and notes on when and where it was found. WIIS can test for rodenticide residues and other causes. Proactive reporting, and demonstrating that your treatment was in full compliance with CRRU Code and UK BPR, is your best protection. Attempting to conceal a dead protected animal is a serious aggravating factor in any subsequent investigation.

Are foxes protected?

Foxes are not protected under the Wildlife and Countryside Act 1981 in the way birds and Schedule 5 mammals are. However, the Hunting Act 2004 restricts fox hunting with dogs, and the Wild Mammals (Protection) Act 1996 prohibits causing unnecessary suffering to any wild mammal. Foxes may be shot, trapped, or excluded using humane methods. The most practical advice for pest contractors is to focus on exclusion and habitat management — lethal fox control is rarely within mainstream pest management scope and carries reputational risk.

My client has bats in the loft and wants them removed. What do I tell them?

Bats cannot be "removed" — this would constitute disturbing or destroying a roost, which is a criminal offence. The lawful approach is: (1) commission a bat survey by a licensed bat ecologist to identify species and roost type; (2) apply to Natural England for a European Protected Species (EPS) licence if works are needed that cannot avoid the roost; (3) ensure any works are carried out under the licence with the mitigation measures specified. A bat survey typically costs £150–£400 depending on building size and time of year. Pest controllers should not attempt bat surveys or handling without an individual bat licence.

Do the same rules apply in Scotland and Wales?

The Wildlife and Countryside Act 1981 applies across Great Britain but has been amended differently in Scotland and Wales. In Scotland, the Wildlife and Natural Environment (Scotland) Act 2011 made significant amendments. In Wales, the Environment (Wales) Act 2016 contains additional provisions. General Licences are issued separately by NatureScot (Scotland) and Natural Resources Wales — check the relevant issuing body for current licence conditions and species lists.

Regulations & Standards

• Wildlife and Countryside Act 1981 (as amended) — Primary protection statute for wild birds, Schedule 5 animals, and Schedule 8 plants; Section 1 protects all wild birds; Section 9 protects Schedule 5 species

• Countryside and Rights of Way Act 2000 — Strengthened WCA enforcement; extended Schedule 1 provisions

• Conservation of Habitats and Species Regulations 2017 — Implements EU Habitats Directive; protects all UK bat species, great crested newt, and other European Protected Species

• Wild Mammals (Protection) Act 1996 — Prohibits cruelty to wild mammals; applies to foxes, rodents, and all other wild mammals

• Animal Welfare Act 2006 — Applies to live-catch traps; obligation not to cause unnecessary suffering

• Spring Traps Approval Order (as amended) — Specifies approved trap types and conditions for use

• Hunting Act 2004 — Prohibits hunting wild mammals with dogs

• Wildlife and Natural Environment (Scotland) Act 2011 — Scottish amendments to WCA; General Licences issued by NatureScot

• Invasive Alien Species (Enforcement and Permitting) Order 2019 — Additional controls on certain invasive non-native species

• Natural England General Licences — Current GL text, eligible species, and conditions

• Bat Conservation Trust: Law and Bats — Plain English guide to bat protection law

• CRRU UK Code of Best Practice — Secondary poisoning mitigations

• HSE WIIS: Wildlife Incident Investigation Scheme — Reporting and investigation process

• GB Non-Native Species Secretariat — Schedule 9 species list and INNS guidance

• NatureScot: Wildlife Licences (Scotland) — Scottish General Licence information

• biocide regulations pest control — Biocide law and secondary poisoning obligations

• pest proofing techniques — Non-lethal exclusion as a first resort

• pest control in food businesses — Wildlife law in commercial food premises context