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Legal vulnerability, General Licence?


Blunderbuss
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Apologies if this has been asked before. Just come back from a recce of my permission and surrounding fields for any sign of the rape being cut. Sadly not yet :good:

 

It got me thinking though, about the dreaded 'general licence'. I understand that under it, we can shoot Wood Pigeon to "prevent damage to crops", "where the authorised person can demonstrate that appropriate non-lethal methods of control, such as scaring, are either ineffective or impracticable".

 

Whilst it is fairly easy to show you are preventing damage to crops during and after seed drilling, or when birds are feeding on growing crops, what about shooting on stubble after the harvest?

 

Playing Devil's advocate, any fallen seed the birds are eating has been lost to the farmer anyway. Could the fundamentalist, paramilitary wing of the RSPCA or RSPB claim you were in breach of the general licence, in that you were not protecting crops as they had already been safely harvested?

 

What defence could you use in such a situation, as the onus is now on the individual shooter to prove he is acting in accordance with the licence?

 

I suppose you could say that the you are controlling birds who will go on to breed and feed on seed yet to be sown. Would this suffice in law? Do the birds actually have to be damaging crops at the time of shooting or is it acceptable to shoot them to prevent damage in the future? Has this ever been subject to a test case?

 

A lot of questions here I know, it would just be interesting to see what others think, in case I ever get challenged by some over zealous Bill Oddie in an RSPCA uniform!

Edited by Blunderbuss
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Any thoughts?

 

yep - if they challenge you knock them out and scarper :)

 

seriousley tho, yes those particular crops may be harvested but theres more than likely more near by that havnt been harvested yet, so you could be protecting them in a round about way ???

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Has anybody ever been challenged by the Police or DEFRA regarding the application of the general licence to pigeon shooting? The RSPCA doesn't count, as they are oxygen-thieving Walts.
Agreed, I doubt the police would waste their time unless nagged by antis. But I think the changing of onus of responsibility since NE took the licences over from DEFRA makes it easy for someone to push it if they had an agenda. Don't fancy being the test case.
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I'm fairly sure the argument that you are working on behalf the farmer who has other crops nearby and will be shortly be sowing new ones, so any opportunity to control the pests across his land 'in general' would suffice.

 

I can safely say the Police wont be interested.

(well not in my town anyway!!)

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i would suggest your thinking of protecting next years crops from the same bird [and their offspring] will suffice...i dont think there is any time scale attached to the general licence?

 

That is how i see it too.A pest is a pest no matter what time of year so they will always need culling.

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This has been done to death in other areas, and it has been universally accepted with explanation by BASC that shooting over stubbles is effective control of damage to other areas nearby. You will always have that chance you will encounter someone who is over zealous,- it more what you say when challenged than anything else. You don't give the right answer and yes you can get bother.

 

The only case I ever had dealings with was the shooting of corvids on a widlfowling marsh. A warden from a reserve next door remonstrated the requirement to do this, however when I took the matter higher after explaining the infectation issues with the grazing cattle together with the decimation of wild birds eggs on their reserve the matter soon went away..

 

Funnily enough I did have an encounter with some doggie walker numpties tonight while I was out shooting rabbits. They could'nt understand how I could shoot the younger ones (not that they see me shoot anything).

 

All I told them was- 'Its quite easy, you just allow them a little more lead' and that was that and off I went.

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While picking up a case of cartridges, this time last year, I met a gun dealer from the republic of Ireland and we fell into conversation about decoying. He told me that this question of "When is it legal to shoot Vermin over crops" was being tested in the courts in Dublin. Ive never heard the legal outcome though

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