9.2.2Legal considerations—catching wild birds for research
Legal restrictions on catching wild birds vary widely between countries. In the
United Kingdom, wild birds are protected by the Wildlife and Countryside Act
(1981). The British Trust for Ornithology (BTO) licenses the catching of wild
birds for the purpose of marking with conventional metal or plastic leg rings,
through authority delegated to it by the statutory agencies. However, deliberately
removing any samples of blood, feathers, or other tissues from live wild birds is
not permitted under this licence. Any sampling procedure requires a separate
licence issued by the relevant country agency (English Nature, Scottish Natural
Heritage, Countryside Council for Wales). In addition, such sampling may
require a separate licensing procedure from the Home Office. The purpose of the
sampling determines whether a Home Office licence is required. If the sampling
is for scientific or other experimental purposes, for example, DNA analysis for
a study on population dynamics, then Home Office licensing is required. If the
sole purpose is to identify the bird, for example, establishing the provenance or
sex of the bird through DNA analysis then a licence is not required from the
Home Office provided that the procedure causes no more than momentary pain
or distress and no lasting harm. If in doubt, the Home Office Inspectorate should
be consulted. Keeping wild birds in captivity, for whatever purpose, requires
a licence from the appropriate country agency. If birds are kept in captivity for
scientific research, this will also require Home Office licensing.
In other European countries, the degree of protection afforded to wild birds
varies, from rigorous protection as in Sweden, where the capture of any wild bird
requires permission from the Swedish Environmental Protection Agency, to
comparatively low levels of protection in some other countries.
Within the USA and Canada, wild birds are also given rigid legal protection
through The Migratory Bird Treaty Act. There are additional numerous and
complex laws, regulations, and policies among administrative authorities at
various levels (national, state, county). Any research that involves disturbing,
handling, collecting, holding captive, or in any way manipulating wild birds
requires written approval from the appropriate regulatory authorities. Details
regarding permit applications and wildlife protection are given by Little (1993)
and can be obtained directly from the US Fish and Wildlife Service (USFWS)
regional offices or the Canadian Wildlife Service. Permits may also be required
from landowners, for example US National Park Service, USFWS (National
Wildlife Refuges) and US Forest Service.
In New Zealand birds are protected under the New Zealand Wildlife Act
- Permits to take wild birds for scientific research are obtained from the
212 |Techniques in physiology and genetics