Comment From Our Chairman

Dear Member

 

In the light of recent prosecutions the Council, at it’s 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. A Breeding Records Form has been produced for all species to assist you; it can be altered to your own fashion and should be retained for future reference.

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 could be altered to your own fashion.  Documentation is not a requirement for the sale of Schedule 3 species. 
However, purchasers are advised to satisfy themselves that the bird is captive bred and correctly closed ringed. 
If in doubt you are advised to obtain a dated receipt with details of seller and ring ID numbers.  Gifts do not require proof of breeding documents but you are advised to obtain a cover from the doner.

 

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, licensing 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.