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BUYING OR
SELLING BRITISH BIRDS
Dear Member
In the light of recent prosecutions the
Council, at its AGM, agreed to take further positive action to assist
breeders and offer further advice in connection with selling or
exchanging of any birds.
We have always stressed the importance of
records and although the Act does not specifically require records to
be kept , it is implicit in the current legislation that there has to
be some burden of proof on bird keepers that the birds, and their
parents, were legally in captivity at the time of breeding, as has
been shown in recent cases before the courts.
In addition any species not listed on
schedule 3 when offered for sale, sold or purchased requires proof of
breeding documentation. This need not be a complicated arrangement and
we have produced a simple form which could be used to assist you. This
form is attached and could be altered to your own fashion and used
either as a breeding form for your own use or as proof of breeding
form when selling non schedule birds.
There is also guidance available from Natural
England on a recently published draft document which members may not
be aware of and we have copied the guidance below. This guidance is
for use with non schedule 3 species.
We are still in discussions with DEFRA and it
is very much work in progress on the whole issue of schedules, rings,
licencing and other areas affecting possible changes to the act but as
with many government department’s time does not seem to be of the
essence!
There is also a move under foot to have a
judicial review of the 1981 Act which presently puts the burden of
proof on the keeper of the bird to prove it is legal, rather than on
the prosecution to prove that it is illegal. A group of likeminded
individuals and organisations have been asked to support and
contribute to this initiative and the Council delegates agreed to
provide whatever support we could.
We hope you find the information contained in
this letter positive and helpful and we would like to reassure members
that we have, behind the scenes, been working hard on your behalf in
discussions with all the regulatory bodies and will continue to do so
and that we put the interests of all aviculturists first and foremost.
Yours sincerely
Chris Boyce
Chairman.
Guidance on documentary evidence of captive
breeding from Natural England.
Persons intending to rely on the general
licence must be able to demonstrate that birds are legally held and
captive bred, and are advised to – only purchase birds from breeders
who are able to satisfactorily demonstrate that they are complying
with the relevant regulations , to confirm in so far as they are able,
the bird’s identification and age are correct, to check that the bird
is correctly ringed and to always obtain signed and dated written
documentary evidence of captive breeding from the breeder.
Documentation should cite the bird’s species, ring number and any
other identification mark, hatch date, along with similar details for
the parent birds and the breeders contact details.
DECLARATION
OF SALE FORM Click Here
BREEDING RECORD
FORM
Click Here
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