Gull Control: New Rules

December 2009

If you control gulls, you need to be aware that the law is changing:

From 1 January 2010, it will no longer be legal to kill or catch Herring Gulls and Greater Black-Backed Gulls in England. Anyone wanting to do so will have to apply to Natural England (NE) for an Individual Licence issued under the Wildlife and Countryside Act. This will only be granted if NE is satisfied that:

1)       There is a genuine problem to resolve for which a licensing is applicable;

2)       There are no satisfactory alternatives;

3)       The licensed action will contribute to resolving the problem or meeting the need;

4)       The action to be licensed is proportionate to the scale of the problem or need;

5)       The licensed action will not have an adverse effect on the favourable conservation status of any habitat type or species within its natural range.

For applications to conserve wild flora and fauna (this includes wild birds) apply using:

Form WML-A36 (this has been developed specifically for gull cases)

http://www.naturalengland.org.uk/Images/wml-a36_tcm6-14946.doc

For applications to prevent damage to crops, poultry (etc), to prevent the spread of disease or to protect public health and safety apply using: Form WML-A08 (this is a general form used for a range of species)

http://www.naturalengland.org.uk/Images/wmla08_tcm6-10335.doc

If an application covers more than one purpose, apply using the form for the main purpose, but highlight other reasons in your applications.  Application forms are available online as above or can be requested from NE's Licensing Unit: Tel: 0845 601 4523 (local rate) or by email: wildlife@naturalengland.org.uk . If anyone is in any doubt about which form to use of the process they should call the Licensing Unit for advice.

Individual Licences applications may take some weeks to process and may require a site visit.

BACKGROUND

Herring Gulls and Greater Black-Backed Gulls are being taken off the General Licences, which used to allow their control by any authorized person operating with good reason. Natural England has done this because it says gull numbers are falling and it was inappropriate to continue allowing unfettered control by persons unknown and without numerical limits.

The National Gamekeepers' Organisation has disputed this and has fought long and hard to keep these two gull species on the General Licence.

NE have not changed their minds, but they have said that applications will be closely monitored and that they will review the situation regularly. If enough people are found to have good cause to apply for an Individual Licence, they may consider a Class Licence (eg covering all gamekeepers) at some stage in the future.