Treating wildlife in UK general practice is commonplace. Many practices perform this service on an occasional basis, but increasing numbers of wildlife charities and rescue centres mean that more animals and birds are receiving treatment and care. With this comes the responsibility of understanding not only the medical issues but also the legal issues behind treating wildlife, for example some species are considered a pest species and not native so release back into the wild therefore may not be an option. Alternatively, some disease legislation may require notification of government authorities. Although much of the core wildlife legislation is based on UK-wide Acts, since devolution there have been numerous amendments made and in some cases entirely new legislation created on both sides of the borders between England, Wales and Scotland. Useful resources for specific changes in wildlife legislation can be found on the DEFRA webpages for the Joint Nature Conservation Committee (JNCC) for Northern Ireland, England and Wales and the Scottish Natural Heritage (SNH) webpages for Scotland.
With this in mind, this article will review the current legislation affecting wildlife in the UK and highlight areas of particular relevance to the veterinary profession in treating, keeping in captivity and releasing back into the wild, animals and birds.
Legislation relevant to wildlife in general and its medical care in the UK
The Wildlife and Countryside Act (WCA) is still the main piece of legislation covering the protection and management of wild animals and plants in the UK. There have been several amendments and since devolution separate Acts in Scotland, Northern Ireland, England and Wales have been implemented. It is split into a series of Schedules as detailed in Table 1, but please note there is variation between the Scotland, England and Wales legislation with regard to species. Some of the most relevant points of the WCA legislation relating to veterinary treatment of wildlife revolve around native and non-native species. Any species in Schedule 9, for example the Grey squirrel, Sika and Muntjac deer, and any species clearly not found in the wild in the British Isles may not be released. There are some exceptions e.g. for Muntjac in England in certain counties (Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Essex, Hertfordshire, Leicestershire, Norfolk, Northamptonshire, Oxfordshire and Suffolk) where release may be permitted providing it is within 1 km of the site where the animal was found and done under licence from DEFRA under section 14 of the Act. The barn owl is a species recently included on Schedule 9 and so its rerelease into the wild again after a brief period of rehabilitation can be done under a general licence. Release of captive bred barn owls can only occur under licence as described in section 16 of the Act and none have been granted since 2002. In Scotland, certain species are prohibited not only to be released into the wild, but are prohibited to be kept in captivity such as muskrat, coypu and, except under licence again for being kept in captivity only, muntjac.
| Schedules 1–4 cover birds: | |
| Schedule 1 | Part I details lists of birds which are protected at all times (e.g. the avocet, bittern, red kite etc) and Schedule 1 Part II details lists of birds which are protected for only part of the year/during a close season (e.g. pintail). |
| Schedule 2 | Part I details birds which may be killed or taken outside the closed season (e.g. mallard duck, red grouse) and Part II details birds which may not be shot on Sundays or Christmas day (e.g. teal, wigeon) |
| Schedule 3 | Part I details species which may be sold alive if they are ringed and bred in captivity (e.g. barn owls, bullfinches). Part IA details species which may be sold alive if taken in captivity or by certain persons outside the closed season or during the first 28 days of the closed season (e.g. mallard duck, grey partridge). Part II covers wood pigeons which may be sold dead at all times. Part IIA birds which may be sold dead if killed outside the closed season (i.e. may be killed between 1st September and 28th February) by certain persons (e.g. red legged partridge, red grouse) |
| Schedule 4 | Details species of birds that must be registered and ringed if kept in captivity (golden eagle, goshawk, honey buzzard, marsh harrier, merlin, Montagu's harrier, osprey, peregrine falcon and white-tailed sea eagle) |
| Schedules 5 and 6 cover animals: | |
| Schedule 5 lists the species of animal in Great Britain which are protected at all times (e.g. the adder, dormouse, pine marten, red squirrel etc) | |
| Schedule 6 lists the species of animal in the UK which are protected from prohibited methods of capture (e.g. the Eurasian badger, hedgehog, red squirrel and shrews of all species) | |
| Schedule 9 covers: | |
| Animals which may or may not be native to Great Britain but are currently found in the wild in the UK (e.g. barn owls, red-footed wallabies, grey squirrels, sika and muntjac deer) for which it is an offence to release back into the wild after a period of captivity. This is perhaps one of the most significant aspects of the Act for rehabilitation of wildlife. In addition, Section 14 of the Act also states it is an offence to release any other animal which ‘is of a kind which is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state’. See note above regarding general licence for release of Barn owls | |
The Habitats Regulations 1994 (as amended) implements the European Habitats Directive (92/44 EEC as amended) and Birds Directive (2009/147 EC) on land and inshore waters defined as anything up to 12 nautical miles from the coast. There are various schedules detailing which species are protected from unlawful killing including Schedule 2 which details protected species, not just animals, in Europe in general, for example most bats of the suborder Microchiroptera, cetaceans, great crested newts, Eurasian otters, and Schedule 3 which details animals in Annex V of the EU legislation whose natural ranges include the UK, for example grey seal, hooded seal and polecat.
There have been several amendments to the Habitats Regulations 1994 and since devolution these have differed between Scotland, Northern Ireland and England and Wales. The most current amendment for England and Wales is the Conservation of Habitats and Species Regulations 2010 of which Part 3 covers protection of animals (Legislation.gov.uk, 2010). This details that it is an offence to capture kill or injure any species listed as a European protected species, as well as being an offence to prevent breeding, migration and hibernation, relevant to the species, an offence to damage nests/eggs/dens of protected species and an offence to be in possession of the whole or parts of the live or dead animal taken from the wild. In Scotland there have been several amendments to the original legislation, cited as The Conservation, (Natural Habitats, &c.) Amendment (Scotland) Regulations, 2004, 2007, 2008a, 2008b, 2011 and 2012 (SNH, 2012). For veterinary reasons, clearly the prevention of hibernation or migration in certain species may be justified, for example the treatment of an injured hedgehog, house martin or young swallow (Figure 1) in the late autumn, and so not viewed as a breach of this legislation — but care should be taken that such justification is present.
This Veterinary Surgeons Act 1966 also protects wild vertebrates making any act of surgery, diagnosis, anaesthesia, prescription of medicines and administration of prescription only medicines/controlled drugs or other treatments possible only by a Member or Fellow of the Royal College of Veterinary Surgeons. There are certain exemptions, for example first aid measures may be taken by any person in an emergency to save life or relieve pain and minor treatments may be administered if the person is over 18 years of age. It is however important in order to allow treatment of a wild animal that ownership be clearly identified and if necessary transferred from the person who presents/finds the injured or sick wild animal to a veterinary practice or a rehabilitation centre in order that personnel of that centre may provide treatment as allowed under the Act. It does not cover fish, invertebrates or amphibians (Figure 2) although clearly these species are covered as vertebrates by the Animal Welfare Acts.
Registered veterinary nurses (RVNs) are allowed to provide nursing care for wildlife in line with Schedule 3 of the Veterinary Surgeon's Act 1966. Minor medical treatment can also be given by lay people caring for wildlife in a manner similar to that for the owner of a domestic animal.
The prescription and administration of medications must follow current legislation and best practice, even when dealing with wildlife. No drugs will be licensed specifically for the wildlife species being dealt with therefore the ‘cascade’ will apply. In addition, practices may be using Schedule 2 controlled drugs such as ketamine, fentanyl, morphine or etorphine for restraint or analgesia, and so controlled drug legislation must also be adhered to as well as suitable precautions under Health and Safety regulations.
The Welfare Acts cover the welfare and humane treatment of vertebrate animals and cephalopods in captivity. This does not only include domestic animals but includes wildlife when it is trapped by man or brought into captivity. It makes it an offence to cause harm to a captive animal, or to perform/neglect to do something which will lead to harm, for example, not feeding or providing fresh water while held in captivity or even not providing pain relief for an injured animal. It also follows that any wild animal brought to a veterinary practice must receive appropriate treatment to relieve suffering. This of course could include humane euthanasia, or appropriate surgical or medical care. It also supports the Abandonment of Animals Act 1960 in making it an offence to release back into the wild an animal which is not fit to survive or is suffering.
This legislation protects animals in transport and prevents the movement of injured animals by vehicle unless it is for veterinary purposes. It also prevents the movement of antlered deer with non-antlered deer, the transport of animals in the last 10% of gestation, the transport of young with unhealed navels.
Under this Act, ‘no person shall keep any dangerous wild animal except under the authority of a licence granted in accordance with the provisions of this Act by a local authority’. The only British animals listed in the Schedule of this Act are the adder and the wild cat. It does not apply to the treatment of injured or sick animals. There is some minor difference in the wording between Scotland and England with regards the list of dangerous animals.
Some species of wildlife in the British Isles are listed and so protected under the Convention of International Trade in Endangered Species (CITES) which is implemented in the UK under the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (as amended), known as COTES. Under this legislation, species are listed A to D, with A being more highly protected under legislation. Examples in Annex A in the wild in the British Isles include the Eurasian otter. It is therefore illegal to trade in these species or any parts of these species unless suitable permits have been obtained from the relevant authority which in the UK is the DEFRA CITES office.
Wild Mammals (Protection) Act 1996 makes it an offence for any person to mutilate, kick, beat, nail or otherwise impale, stab, burn, stone, crush, drown, drag or asphyxiate any wild mammal with intention to inflict unnecessary suffering.
Section 2 contains five exclusions:
Gives the Minister of Agriculture, Fisheries and Food power to prohibit or control the importation of musk rats and other non-indigenous mammals. The Minister is also empowered to prohibit absolutely the keeping of any such animals as may already be in the country and to take steps to destroy any that may be at large.
Specific orders prohibit, except under licence, the importation and keeping of non-indigenous mammals. The ‘Grey Squirrels (Prohibition of Importation and Keeping) Order 1937’ prohibits the importation and keeping of grey squirrels for example. The keeping of mink in Great Britain is prohibited under licence of the Minister, and there is a total ban on keeping mink on any off-shore island (except the Isle of Wight), and in certain areas and islands in Scotland (Mink (Keeping) Order 1987). There is also an absolute prohibition on the keeping of coypu except under special licence of the Minister (Coypu Prohibition on Keeping) Order 1987. The Act prohibits the keeping or release of mink, grey squirrels, rabbits, other than the European rabbit and coypu without a licence. The penalties for an offence under this Act have been increased by the Countryside and Rights of Way Act and now include imprisonment. In Scotland the Muntjac Keeping (Scotland) Order 2011 prohibits the keeping of muntjac in captivity unless by licence under the 1932 Act and the Muntjac Keeping (Scotland) Regulations 2011.
Disease specific Acts
These and related pieces of legislation allow the destruction of wildlife should a notifiable disease spread to wild animals/birds; these are listed on the UK Government website www.Gov.uk (2015). Amended legislation such as the Foot and Mouth Orders also detail that suspicion or confirmation of certain notifiable diseases in wildlife must be reported immediately to the Animal and Plant Health Agency (APHA). In addition, if a bat is suspected of having rabies-like lyssavirus, which is difficult to assess but clinical signs can include disorientation and incoordination; inability to fly; or increased aggression, then again APHA must be notified. For wild birds where H5N1 (highly pathogenic) avian influenza is suspected or where five or more wild birds are found dead in one place it is to be reported via a DEFRA helpline (Gov.uk, 2015b)
The discovery of bovine tuberculosis in wild deer is notifiable — that is the local Animal and Plant Health Agency (APHA) office must be contacted where suspicion or confirmation of this disease occurs. It follows therefore that treatment of bovine tuberculosis in wild deer is prohibited.
Species specific Acts
There are a number of species specific Acts protecting certain vulnerable species including: The Conservation of Seals Act 1970 (as amended), Conservation of Seals (England) Order 1999 (as amended), Conservation of Seals (Scotland) Order 2007 and Marine (Scotland) Act 2010 for many marine species; the Protection of Badgers Act 1992 (as amended); the Deer Act 1991 (as amended)/The Deer (Close Seasons) (Scotland) Order 2011 etc. These are more designed with the idea of protecting the species in the wild and preventing unlawful killing or harm rather than their medical/veterinary care and after care.
Other legislation
Health and safety
Clearly the Health and Safety Act 1974 (as amended) and Management of Health and Safety at Work Regulations (1999) (as amended) legislation must be adhered to in veterinary practice. Many species of British wildlife have the obvious potential to be highly dangerous whether it be the crushing jaws of a badger or the spearing antlers of rutting stags. However, many species may also harbour zoonotic pathogens such as: Salmonella spp. for example, hedgehogs and many wild carnivores and rodents; Mycobacterium spp. for example deer and badgers; Brucella spp. found in many marine mammals and occasionally deer; or Lyssaviruses, also known as rabies like viruses. In addition, many British bats are affected by European Bat Lyssavirus (EBLVs) 1 and 2; any bat biting incident due to the presence of EBLVs in the UK should be reported to the relevant National Health Service consultant in communicable disease control/consultant in public health medicine and APHA so the person bitten can receive vaccination and immunoglobulins if required, and the bat examined. Others have the potential to be more dangerous at certain times of the year such as stags in rut, vixens in January and February when cubs are around etc. In all cases employers have a duty of care and individuals have a duty to protect themselves from harm.
Conclusion
Legislation can be a confusing topic but it is important that all staff working with wildlife are aware of their legal requirements. The veterinary nurse is in an ideal position to inform and support and guide lay people who bring in one or many wildlife cases for treatment. As legislation is continuously evolving it may be necessary to research species-specific information on a case by case basis.