Can I legally accept wild-caught birds?

I am in a position to take up birdkeeping once again, since last doing so during the 1970s-1980s when I had both British and foreign birds.

Mentioning this to a friend, who happens to be a gamekeeper, he said that I could have as many hooded crows and jays that I wanted for free, as he would be happy to get these pests off his estate. Also, he said I could have some moorhens and coots. There are too many around his duck flight ponds eating the grain, which he puts out to entice wild duck into shooting range.

He explained that he uses only legal Government approved Larsen live catch-traps to catch crows, etc, and humanely kills them. However, if I wanted a few of these birds he would give me some, rather than kill them.

If I accepted my gamekeeper friend's offer, and have some legally wild-caught and unringed jays and moorhens, what would my position be if the RSCPA, RSPB and Scottish SPCA visited me? Would I be guilty of an offence? Would I need written paperwork from the gamekeeper saying that he had given me the birds free of financial charge?

Second, the gamekeeper's wife has a cat that occasionally catches the odd unwary wild bird. Some of these injured birds were nursed back to health by the gamekeeper, but they would be unable to survive in the wild if released. He had a pair of "repaired" blackbirds, which reared three youngsters of their own. These unringed youngsters were released into the wild around his house. Was it lawful to keep the injured blackbirds, even though they could not fl y properly and fend for themselves in the wild? Could my gamekeeper friend have legally kept the three young blackbirds after they were aviary bred?

Lastly, is there a difference in the law regarding keeping British birds in captivity in Scotland, or is it a general UK law, which applies to everyone?
A.M., Scotland.

Bernard Howlett, eminent breeder of British birds, replies: Providing your gamekeeper friend has complied with the law in all respects, it would be lawful for him to transfer live, wild crows jays and moorhens to you.

To prove that they were legally held, you would need proof in writing from the gamekeeper of his details, species, numbers, how and where the birds were trapped, dates and times etc. You would need to record any such transfer and keep such records safe, so they could be protected if required.

A General Licence is in force, which lists birds that can be killed or taken by authorised persons. This licence includes the species referred to by the gamekeeper. Schedule 2 of the Wildlife and Countryside Act Part 1 includes both moorhens and coots, and allows these and others listed to be killed or taken between the dates you have mentioned.

The pair of adult blackbirds were unable to survive in the wild after injury, and because of this they were lawfully held by the gamekeeper. Therefore the three youngsters bred by them were captive bred from legally held stock, and could have been legally kept. Here again, written proof of such unusual circumstance is a must.

There is practically no difference in the general wildlife law in different parts of the UK. Close season dates vary in some cases, for instance, and in Northern Ireland fewer species of cage birds can be shown. I hope you keep British birds once again, and some day venture south with a show team.