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The Law
The main piece of legislation covering birds of prey in the U.K. is the Wildlife and Countryside Act.
This Act makes it illegal to take, injure or kill any wild bird (not just a bird of prey), or to take, damage or destroy its nest or its eggs. Licences to take wild birds of prey for falconry are no longer issued, so the only legal way to obtain a hawk is to get one bred in captivity.
Taking an injured wild bird in order to treat its injuries and release it is legal. However, unlike most of British law, if prosecuted under the Wildlife and Countryside Act you must prove your innocence, not the other way around. Being in posession of an illegally-taken bird (alive or dead, even stuffed) or its feathers or eggs, is an offence. If you cannot prove it is legal, you could be in trouble. DNA testing is now being employed by police and wildlife officers to determine the origin of birds.
What are the laws about buying, keeping and selling captive-bred birds of prey?
The law does not restrict a falconer by the type of bird you can own. A beginner can start with whatever bird he/she can afford, as long as it is captive-bred.
My advice to anyone wishing to purchase a bird of prey should fully understand the implications of owning one. The Internet is a mind of information & you will find all the literature you need to get you and your bird off to the right start. There are many falconry clubs/courses and centres that are worth attending to gain the skills and knowledge required for this sport.
It is not the owners that are licenced but the birds themselves and they must be registered with the department of environment (D.O.E)
Birds of Prey that are native to Europe (such as Sparrowhawks Barn Owls,little owls, Kestrels, Peregrine falcons and Goshawks), even if captive-bred, must be registered before they can be sold . You should not buy a bird without an "Article 10" certificate issued by the D.O.E. - you could be breaking the law. If you are breeding birds to sell, you need to apply for an Article 10 for each youngster before they hatch. The young birds need to be fitted with a closed ring or band bearing a unique serial number.
Non-native birds such as Red-Tailed and Harris Hawks are currently exempt. However, if you are offered for example a Harris Hawk without a ring, always make sure you know where it has come from as it may of been stolen!
Using Falcons/hawks to take game
To hunt game such as Pheasant,Partridges and Duck it is a legal requirement to obtain a game licence. Please note that there are close seasons for hunting game and taking them outside these dates is deemed illegal.
Rabbits, Crows,Woodpigeons, Magpies and Squirrels are classed as vermin and can be hunted without the need for a game licence or restrictions.
Please remember flying birds of prey on someone's land requires the landowners permission and if you do not have permission you are liable to trespassing. I always advise that once permission is gained, obtain a written signed copy and keep it on your person when out hunting just in case you are ever questioned.
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