Electronic crow calls

[LawyerFarmer]

Hi all,

I've been told these are illegal in the U.K. but, having looked into it, there appear to be circumstances where it is perfectly legal.

• Section 5(1)(d) of the Wildlife and Countryside Act 1981 (the "WCA") sets out the restriction: "Subject to the provisions of this Part, if any person ... uses as a decoy, for the purpose of killing or taking any wild bird, any sound recording ... he shall be guilty of an offence ..."
• But sections 16(1)(j) and (k) of the WCA include an exception to the rule: "Sections ... 5 ... do not apply to anything done ... (j) for the purposes of preventing the spread of disease; or (k) for the purposes of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or fisheries ... if it is done under and in accordance with the terms of a licence granted by the appropriate authority"
• Section 16(9)(d) of the WCA provides that "appropriate authority" for the above exception is the agriculture Minister; and section 27(1) of the WCA defines the "agriculture Minister" as the Minister of Agriculture, Fisheries and Food or the Secretary of State. (For completeness, section 5 and schedule 1 of the Interpretation Act 1978 define "Secretary of State" as "one of Her Majesty's Principal Secretaries of State".)
• General licence GL42 has been issued by the Secretary of State for Environment, Food and Rural Affairs under sections 16(1)(j) and (k) of the WCA. It does not contain any conditions relating to the use of sound recordings.
• It therefore appears that if you are shooting crows under GL42 (and complying with the conditions set forth therein), you may use an electronic crow call.

Thoughts welcome.

Cheers,
LawyerFarmer