- 1
- • 50% of the control area is surrounded by a hard boundary (e.g. sea coast, lakes and reservoirs, motorways);
- • On 40% of the boundary, farmers with vulnerable livestock have agreed to accept any TB risks associated with culling related perturbation;
- • Vaccination occurs on land comprising 10% of the surrounding area.
- 2.2.
- 2
- 1.
-
- •
- •
- •
- •
- •
- •
- •
- 1.
- 2.
www.defra.gov.uk
Bovine TB and Badger Control:
Consultation on Guidance to Natural
England on the implementation and enforcement of a badger control policy
July 2011
|
© Crown copyright |
2011 |
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Department for
Environment, Food and Rural Affairs
Contents
Introduction ................................................................................................................................. 1
The Consultation Proposal
...........................................................................................................
2
Responses to the public consultation
...........................................................................................
2
Addressing the issues raised
.......................................................................................................
3
Ensuring effective, industry-led culling ..................................................................................... 3
The need for
‘simultaneous’ culling
..........................................................................................
5
Controlled
Shooting
..................................................................................................................
5
Mitigating the
risk of detrimental impacts on non-participants
.................................................. 6
Safety and
security
...................................................................................................................
7
Impact on the
badger population
..............................................................................................
8
Monitoring
................................................................................................................................
8
Monitoring compliance with licence conditions ..................................................................... 9
Changes in
incidence of TB in cattle
.....................................................................................
9
Impacts on the
badger population
.........................................................................................
9
Humaneness of
culling methods
...........................................................................................
9
Supporting and
encouraging badger vaccination
................................................................... 10
Consultation Questions
..............................................................................................................
11
How to respond
..........................................................................................................................
12
Next Steps
................................................................................................................................
12
List of Annexes
..........................................................................................................................
13
Department for
Environment, Food and Rural Affairs 1
Introduction
1.
Bovine TB is a
pressing animal health problem and the Coalition Government has committed, as
part of a package of measures, to develop affordable options for a
carefully-managed and science-led policy of badger control in areas with high
and persistent levels of bovine TB.
2.
The
consultation document we published in September 20101 set out the case for
tackling the reservoir of bovine TB in badgers and put forward a proposed
policy of issuing licences to farmers/landowners to enable them to cull and/or
vaccinate badgers subject to strict licence conditions, and at their own
expense.
3.
There remains a
compelling case for badger control as part of a package of measures to tackle
TB in cattle, which is backed by clear scientific evidence and robust
veterinary advice. But we need to ensure that we can address a number of
important issues that were raised during the public consultation before a
decision is made on whether or not to proceed with the proposed policy.
4.
This document
explains the changes that have been made to the proposal in response to issues
raised in the public consultation, and seeks views on the revised proposal, as
articulated in draft Guidance to Natural England (Annex A).
5.
If culling is
to be permitted, Defra will issue guidance to Natural England under section
15(2) of the Natural Environment and Rural Communities Act 2006 (the “NERC
Act”). This guidance will set out how Natural England should exercise its
function to issue licences to allow controlled culling and vaccination of
badgers in areas of high incidence of bovine TB in cattle in a carefully
regulated way for the purpose of controlling the spread of the disease.
6.
The NERC Act
requires Defra to consult Natural England and the Environment Agency on this guidance
before it is issued, as well as any other persons the Secretary of State
considers appropriate.
7.
This is not a
further consultation on the proposed policy generally, but instead an
opportunity for key stakeholders to comment on the draft guidance. A list of
those stakeholders invited to respond to this consultation is attached at Annex
B. We will consider comments received alongside responses to the 2010 public
consultation before taking a decision on whether to proceed with the proposed
policy. We expect this decision to be made in autumn 2011.
1 The
consultation document “Bovine Tuberculosis: The Government’s approach to
tackling the disease and consultation on a badger control policy” is available
at: http://archive.defra.gov.uk/corporate/consult/tb-control-measures/index.htm.
This contains a detailed explanation of the scientific evidence on badger
control.
Department for
Environment, Food and Rural Affairs 2
The Consultation Proposal
8.
In the 2010
consultation document we proposed that licences would be issued under the
Protection of Badgers Act 1992 and the Wildlife and Countryside Act 1981 to
enable farmers and/or landowners to cull badgers for the purpose of preventing
the spread of bovine TB in cattle. Licences to trap and vaccinate badgers would
also continue to be available. Applicants would have to demonstrate that they
meet strict criteria in order to obtain a licence to cull, or cull and
vaccinate badgers in combination. The Government would take responsibility for
monitoring the effectiveness, humaneness and impact of this badger control
policy.
Responses to the public consultation
9.
We received
over 59,000 responses to the public consultation. A summary of the responses
received is available on Defra’s website. The main issues and concerns raised
during the public consultation in relation to the operation of a badger cull
were:
a)
concerns that
ineffective or incomplete culling could make TB worse and that culling licences
would not be enforceable;
b)
requests for
the inclusion of a requirement for ‘simultaneous’ culling and for a definition
of ‘simultaneous’;
c)
mixed views on
allowing the shooting of badgers in the field as a culling method (referred to
in this consultation paper as “controlled shooting”), in addition to the
shooting of cage-trapped badgers, and concerns about the effectiveness and
humaneness of the former method;
d)
concern about
the risk of negative impacts on non-participating farmers and landowners with
vulnerable livestock within and at the edge of the Control Area;
e)
concerns over
security and personal safety for those participating and for the general
public;
f)
queries and
uncertainty about the impact of culling on the badger population;
g)
questions about
whether there will be sufficient resources to carry out adequate monitoring;
and
h)
agreement that
the Government should do more to support and encourage the use of badger
vaccination.
Department for
Environment, Food and Rural Affairs 3
Addressing the issues raised
10.
Having
carefully considered the large number of responses to the public consultation,
we remain strongly minded to proceed with a policy of badger control as part of
a package of measures to address bovine TB.
11.
A farmer-led
approach remains our preferred option, to empower farmers to act under licence
to take control of the wildlife reservoir of disease at the local level and
decide for themselves which of the approved control measures to use. This
approach also means that farmers, rather than taxpayers, will pay the costs of
these additional disease-control measures. Government would pay for the
licensing operation and monitoring.
12.
To take account
of issues raised in the responses to the 2010 consultation we have made a
number of changes to the original proposal. The following sections describe how
we have sought to address each of the areas of concern, and an updated
cost-benefit analysis has been published at Annex C. The revised policy
proposal is articulated in draft statutory guidance to Natural England and we
have posed specific questions on the criteria in the guidance at the end of
this document.
Ensuring effective, industry-led culling
13.
Responses to
the consultation highlighted the importance of ensuring that culling over the
entire area is carried out effectively for at least four years, noting that
without an effective, sustained cull, there is a risk of increasing the net
incidence of TB in cattle across the Control Area and 2km surrounding ring
(caused by perturbation of badgers’ social groups and increased disease
transmission).
14.
The policy
proposal has been developed further in light of the consultation responses and
the draft guidance sets out in greater detail (at paragraphs 9-11) how
applicants would be expected to deliver an effective cull and demonstrate their
capacity to do so. The specific requirements include:
•
co-ordinating
activity across the entire area;
•
sustaining
culling annually for at least four years;
•
reducing the
total badger population in the Control Area by 70% overall during a six-week
intensive cull and maintaining this reduction in each subsequent year of
culling; and
•
minimising
areas of inaccessible land within the Control Area, through a requirement that
90% of land within the application area is either accessible or within 200m of
accessible land.
Before a licence is granted, participants
will be required to submit to Natural England a Badger Control Plan detailing
how badger control activity will be co-ordinated, carried out
Department for Environment,
Food and Rural Affairs 4
and funded, as well as providing
information on the biosecurity measures in place on farms. Further guidance on
the information to be included in a Badger Control Plan is at Annex D and a
draft of Natural England’s guidance to applicants on biosecurity measures is at
Annex E.
15.
Responses to
the 2010 consultation also questioned how Government would ensure an effective
cull should the monitoring show that it was not being delivered in accordance
with the licence conditions.
16.
The draft
Guidance to Natural England outlines a model which will ensure that Government
is able to take robust enforcement action to ensure that once culling starts it
is completed effectively.
17.
We propose that
all participants would be required to enter into agreements with Natural
England under section 7 of the NERC Act. These ‘section 7 agreements’, called
‘TB Management Agreements’ would set out the participants’ obligations once a
licence was granted, and if necessary as a last resort allow Government to
intervene, access all participating land, take over responsibility for a
culling operation, and recover the costs from the participants, should the
participants fail to meet the conditions of the licence. In the case of a
tenant farmer, the agreement would normally need to be entered into by the
farmer’s landlord (to ensure that access to land is available to complete the
cull if there is a change in tenancy) unless Natural England considers that the
likelihood of accessible land falling below 70% as a result of the termination
of any tenancy for any reason is very low. A draft TB Management Agreement
accompanies the guidance at Annex F.
18.
Participants
would also be required to deposit sufficient funds to cover the total expected cost
of the four-year cull (plus a contingency sum) before culling begins.
Government would be able to access these funds in the event that it needed to
intervene and assume responsibility for a culling operation, and be able to
levy additional funds from the original participants should that be necessary.
Details of the circumstances in which Government would be likely to intervene
are set out in paragraph 31 of the draft guidance.
19.
Strong
organisation and co-ordination will be required if applicants are to
demonstrate that they are able to deliver an effective cull, meet the
requirements of a TB Management Agreement and deposit sufficient funds to cover
the cost of the cull. It will be for applicants in each Control Area to decide
how best to do this, but the mechanism may include forming “companies limited
by guarantee” in order to manage the cull.
Department for
Environment, Food and Rural Affairs 5
2 The
Randomised Badger Culling Trial (RBCT) was a £50m Government-funded scientific
study between 1998 and 2006 which showed that culling can reduce TB in cattle,
provided it is done in a certain way.
The need for ‘simultaneous’ culling
20.
In response to
the consultation, some stakeholders noted that the policy proposal in the
consultation document did not explicitly require culling activity to be carried
out ‘simultaneously’ across an area. The evidence on the need to cull
simultaneously across an area comes from the Randomised Badger Culling Trial
(RBCT)2, in which, on the majority of occasions, culls were carried out over a
period of between 8 and 11 nights.
21.
Responses from
industry also noted that the need to achieve a high level of badger removal in
a short timescale over a large area could be a constraint on the practical
delivery of a badger control policy as it has implications for the level of
resource required, the organisation needed and safety.
22.
Advice on the
consultation from a Joint Group of Defra’s Science Advisory Council and Bovine
Tuberculosis Science Advisory Body (“the Joint Group”) included consideration
of the strength of the evidence that supports the requirement for culling to be
carried out ‘simultaneously’. Balancing the limited evidence with the need to
avoid the negative effects of perturbation and develop a deliverable policy,
the Joint Group’s expert opinion was that, if culling was carried out over a
period of no more than six weeks, this was likely to reduce the risk of adverse
effects of non-simultaneous culling seen in the RBCT.
23.
We agree that
it should be a condition of the licence for culling to be carried out
simultaneously across an area. The draft guidance to Natural England defines
‘simultaneously’ as a requirement to remove at least 70% of badgers from the
Control Area over a period of no more than six weeks, on the basis of the
expert opinion given by the Joint Group.
Controlled Shooting
24.
The
consultation proposed that two culling methods should be permitted: controlled
shooting of badgers in the field and the shooting of badgers that have first
been trapped in cages. Controlled shooting in the field (including at night) is
a method which is used widely and considered humane for culling a range of
other mammals (including deer, foxes and rabbits), but responses to the
consultation questioned whether controlled shooting is an effective and humane
method for culling badgers, and raised concerns about operator and public
safety. We propose to address these concerns through a pilot of controlled
shooting, adequate training, best practice guidelines and careful monitoring.
(Further discussion of operator and public safety is included below at
paragraph 32.)
25.
Operators would
be required to demonstrate competence and attend an approved training course in
order to obtain a licence to carry out culling by controlled shooting. Training
would comprise attendance at a Government-approved course for persons who
already hold a
Department for
Environment, Food and Rural Affairs 6
Deer Stalking
Certificate or equivalent (which assesses marksmanship). This badger-specific
course would include training to cover anatomical and behavioural
characteristics of badgers and how these differ from those of other species.
Additional marksmanship training and assessment would be required for those who
may have experience but no formal qualification.
26.
The farming
industry would be expected to design, organise and deliver these training
courses, and Defra would appoint independent auditors to ensure that standards
are met and maintained. The licence conditions would also require all operators
to adhere to Best Practice Guidance issued by Defra/Natural England. A draft of
this guidance is attached at Annex G.
27.
We are
confident that controlled shooting is an effective and humane shooting method
given its widespread use in other species, and that the further measures
outlined above will ensure this. However, in the light of the concerns that
have been raised, we propose to take a precautionary approach through a pilot
of the policy; initially licensing two areas in the first year, which will be
closely monitored to ensure that this method is both effective and humane. The
results of the monitoring in these areas will be examined by a panel of
independent scientific experts. If controlled shooting is found to be effective
and humane by this independent panel, then and only then would the policy be
rolled out more widely. Monitoring would continue throughout the culling period
in all licensed areas to ensure standards are maintained (see paragraphs 38-42
below).
Mitigating the risk of detrimental impacts on
non-participants
28.
The public
consultation document proposed that applicants would be required to consider
adopting measures to mitigate the impact on non-participating farmers within
the Control Area and that “where possible” the Control Area would have
boundaries or buffers to mitigate any potential harmful effects in the
surrounding areas (thought to be caused by perturbation of badgers’ social
groups and increased disease transmission).
29.
We have decided
that we should be clearer about this requirement. Therefore, we propose that
participants will be required to take reasonable measures to minimise the risk
of potential negative effects on:
(i)
non-participating
farmers and landowners with vulnerable livestock within the Control Area and in
the surrounding 2km ring (for example, by putting in place mitigating measures
around the boundary); and
(ii)
any non-farming
interests that may be affected by badger control (for example, local residents
or nature reserves).
For this purpose “reasonable measures” means measures that in the particular circumstances are practicable, proportionate and appropriate.
Department for
Environment, Food and Rural Affairs 7
3 Individual
requests for disclosure of information will be considered on a case by case
basis in accordance with Natural England’s statutory duties under the Freedom
of Information Act (2000) and the Environmental Information Regulations (2004).
In cases where personal security could be compromised, or there is a risk of
damage to property, information (such as names or addresses or other
information through which the applicants/ licencees might be identified) is
unlikely to be released. In addition where the disclosure of information could
lead to the disruption of culling activities this information is also unlikely
to be disclosed.
30.
Natural England
would provide guidance to applicants on the measures that could reasonably be
expected to be taken. For the purpose of determining what measures are required,
Natural England will consider the extent of the risk of the perturbation effect
and the financial implications for non-participants (so far as they can be
estimated) relative to the cost of measures which might be taken to mitigate
the risk to non-participating farmers/landowners. A draft of this guidance to
applicants is included at Annex H.
31.
We recognise
that those potentially affected by culling may have views on an application for
a licence to cull badgers. Therefore, the licence application process will also
include a 28-day ‘opportunity to comment’ for each application. This will be
publicised via the Natural England website and notification in local
newspapers. Interested local organisations will also be informed about a
licence application and offered an opportunity to comment. The purpose of this
opportunity will be to seek comments on the specific application only, not on
the wider policy of badger control.
Safety and security
32.
A key issue
raised in the public consultation was how we would address both public safety
and the safety of those participating in a cull. The potential risks are likely
to take the form of risks to personal security, risks of damage to property and
disruption of culling activities. The proposed policy includes a number of
elements which aim to ensure the security and safety of those licensed to carry
out a cull, as well as the safety of the general public:
•
To address
public safety all those carrying out controlled shooting or cage-trapping and
shooting would be required to attend relevant training, demonstrate competence,
and adhere to Best Practice Guidance to ensure that the highest standards of
safety are maintained;
•
Those operators
undertaking culling activities under licence have the right to do so without
fear or intimidation and therefore the names of those taking part in a culling
operation and the dates on which they intend to undertake the annual six-week
intensive operation are unlikely to be made public3; and
•
Licence
conditions would include measures to minimise the risk to public safety, e.g.
not permitting controlled shooting close to villages or towns, and setting
certain conditions when shooting near public rights of way.
Department for
Environment, Food and Rural Affairs 8
Impact on the badger population
33.
A number of
responses to the consultation noted that badgers are a protected species under
the Convention on the Conservation of European Wildlife and Natural Habitats
(known as the Bern Convention). The Convention is binding on the UK in
international law. Article 9 of the Convention allows parties to make
exceptions to the requirement to take appropriate legislative and
administrative measures to ensure the protection of badgers for various
purposes. These include the prevention of serious damage to livestock, but only
provided the exception will not be detrimental to the survival of the
population concerned.
34.
To limit the
impact of the policy on badger populations, we propose to limit both the number
of licences that may be granted in any one year and the number of badgers that
may be removed in each licensed area.
35.
The number of
licences to be granted each year will be limited to ten (with a maximum of two
granted initially in the first year in order to confirm the effectiveness and
humaneness of controlled shooting), unless there are compelling reasons to
increase or decrease that number. The proposed criteria for selecting these ten
are outlined in paragraph 19 of the draft guidance.
36.
The draft
guidance states that a minimum number of badgers must be removed in the first
year. This minimum number will be set at a level that in Natural England’s
judgement will remove at least 70% of the badgers in the Control Area. The
badger population must then be maintained at this level in each subsequent year
of culling while ensuring that culling is not detrimental to the survival of
the badger population concerned. The licence will specify the maximum number of
badgers that may be removed from the Control Area each year.
37.
Defra will also
commission independent monitoring that will assess annually badger activity in
each licensed area. If badger activity is found to be very low, mitigation
measures can be put in place so to ensure there is no local disappearance in any
licensed area (e.g. stopping activity under the licence for the remainder of
that year, or stipulating areas of land where culling would not be permitted).
Monitoring
38.
One of the main
concerns raised in response to the public consultation was that sufficient
resources might not be made available to carry out adequate monitoring. If a
decision is taken to proceed with a policy of badger control, Defra will be
committed to providing sufficient resource for the licensing and monitoring of
the policy. There will be four components to this monitoring:
Department for
Environment, Food and Rural Affairs 9
Monitoring
compliance with licence conditions
39.
Licensees will
be required to submit information to Natural England reporting on action taken
under the licence. These reports would be submitted annually (at the end of the
six-week culling period) but returns in the first year would be more frequent.
They would need to contain data on the numbers of badgers culled, the method
used, the date and location of the cull, and information on any non-target
species affected. Natural England would also undertake site visits to check
compliance with licence conditions. This operational monitoring would also
contribute to assessing humaneness and the impact on badger populations in
licensed areas (see below).
Changes in incidence of TB in cattle
40.
The incidence
of bovine TB in cattle is already routinely monitored. Cattle TB incidence data
will be compared both to historical incidence within culled areas and to
similar unculled areas to identify any changes in trends that might be
attributable to badger control.
Impacts on the badger population
41.
In order to
comply with the requirements of the Bern Convention, culling must not be
detrimental to the survival of the badger population, and the means of culling
must not be such as to cause the local disappearance of the badger population
in England. Therefore badger activity in the Control Areas will be monitored,
to enable action to be taken if there are signs that a local population might
be at risk (e.g. stopping culling activity under the licence for the remainder
of that season).
Humaneness of culling methods
42.
We are
proposing to permit only two culling methods (controlled shooting and cage-trapping
and shooting) on the basis that they are both considered to be humane. Other
culling methods such as gassing will not be permitted. We intend to monitor
both methods, initially and throughout the culling period, to ensure standards
are maintained. This monitoring will be carried out through veterinary
assessment based on field observations (carried out by a vet and field
assistant) and post-mortem examination of a sample of carcases to establish
humaneness. If as a result of the monitoring, there are any concerns about the
way the methods are being applied in practice, we would consider the
introduction of additional safeguards.
43.
Natural England
will monitor compliance with the licence conditions. For the other three
monitoring components, Defra will commission impartial monitoring that will be
independently audited to provide assurance.
Department for
Environment, Food and Rural Affairs 10
Supporting and encouraging badger vaccination
44.
The 2010
consultation document recognised the valuable role badger vaccination could
play in tackling disease as part of a wider package of measures. It also
recognised that, for some farmers and landowners, using vaccination may be the
preferred option for tackling bovine TB in badgers. But given its early stage
in deployment, the lack of available evidence on the effects on bovine TB in
cattle and the time it takes to build herd immunity, most farmers and
landowners are unlikely to feel sufficiently confident in using vaccination. In
addition, using the existing licensed injectable vaccine is comparatively
impractical and costly, which is likely to be a powerful disincentive to its
use.
45.
There was
strong support for the use of vaccination in the responses to the consultation,
in particular that Government should do more to support and encourage its use.
We continue to see an important role for vaccination in the future and remain
committed to encouraging its use where appropriate. The draft Guidance to
Natural England recommends best practice for licence holders to consider if
they propose to use vaccination in combination with culling.
46.
To demonstrate
the Government’s ongoing commitment to vaccination Defra is continuing to fund
the Badger Vaccine Deployment Project. We also intend to make available up to
£250,000 a year of new funding to support farmers and landowners who plan to
vaccinate badgers. The first grants would be available to support any
vaccination taking place from 2012. More details on how to apply for funding
will be published shortly.
Department for
Environment, Food and Rural Affairs 11
Consultation Questions
47.
We would
welcome views on the following questions, which relate specifically to the
draft Guidance to Natural England at Annex A and reflect the changes that have
been made to the proposal since the 2010 public consultation.
a)
Do you agree
that the basic culling policy requirements set out in paragraphs 9a-9f and
paragraph 10 of the draft Guidance form the basis for an ‘effective cull’?
b)
Paragraph 9g of
the draft Guidance requires applicants to take reasonable measures to mitigate
the potential risk to non-participants. Do you agree that the mitigation
methods proposed in the draft guidance to applicants at Annex H are appropriate
and adequate?
c)
Are the
requirements at paragraphs 9h and 9i of the draft Guidance for all participants
to enter into a TB Management Agreement (under section 7 of the NERC Act) and
deposit the total cost of the funds upfront proportionate and appropriate to
ensure that culling will be delivered effectively?
d)
Are the
measures included at paragraph 11 of the draft Guidance, in addition to the
proposed monitoring described above (at paragraphs 42-43), adequate and
appropriate for ensuring that controlled shooting is carried out safely and
humanely?
e)
Do you consider
that the measures at paragraph 12 of the draft Guidance and the proposed
monitoring described above (at paragraph 41), are appropriate to address
concerns about the impact on the badger population?
f)
Do you agree
that the measures included at paragraphs 11a-c, 23 and 27-28 of the draft
Guidance are sufficient to mitigate the risks to the safety and security of
those carrying out a cull and to the general public?
g)
Do you have any
other comments on the draft Guidance to Natural England? Please refer to the
specific paragraph number(s) in your response.
Department for
Environment, Food and Rural Affairs 12
How to respond
48.
The deadline
for responses to this consultation is Tuesday 20th September 2011. Responses received
after the deadline will not be considered. You can submit your response by
email to tbbc@defra.gsi.gov.uk, or post to TBBC, Defra, 17 Smith Square,
London SW1P 3JR. We will not acknowledge responses unless specifically
requested to do so.
49.
Once the
consultation has ended, a copy of the responses will be made publicly available
in the Defra Library at Ergon House, London. Members of the public may also
request a copy of the responses under the Freedom of Information Act.
50.
If you do not
want your response to be publicly available, please say so clearly in writing
when submitting your response. Please note: automatic confidentiality
disclaimer will not be considered a confidentiality request for this purpose.
51.
Please explain
why you need to keep details confidential. We will take your reasons into
account if someone asks for this information under Freedom of Information
legislation. But, because of the law, we cannot promise that we will always be
able to keep those details confidential.
Next Steps
52.
We will
consider comments received alongside the responses to the 2010 public
consultation before taking a decision on whether to proceed with a badger
control policy. We expect this decision to be made in autumn 2011.
53.
Should we decide
to proceed with a policy of badger control, we would not want to see culling
continuing for any longer than necessary. Therefore, four years after the first
culling licence was issued, we would review the policy and advise Natural
England whether new culling licences should be granted.
Department for
Environment, Food and Rural Affairs 13
List of Annexes
A Draft
statutory Guidance to Natural England
B Organisations
invited to respond to the Consultation
C Updated cost-benefit analysis
D Natural England’s draft guidance to
applicants on completion of a Badger Control Plan
E Natural England’s draft guidance to
applicants on reasonable and practical biosecurity measures
F Example of a TB Management Agreement
G Draft Best Practice Guidance on controlled
shooting in the field, and cage-trapping and despatch of badgers, under licence
to prevent the spread of Bovine TB in cattle
H Natural England’s draft guidance to
applicants on reasonable measures to reduce the risk of detrimental impacts on
non-participants
Annexes
Department for Environment, Food and Rural Affairs
|
July 2011 |
Annex
A:
Draft
Guidance to Natural England for consultation
Licences
to kill or take badgers for the purpose of preventing the spread of bovine TB
under section 10(2)(a) of the Protection of Badgers Act 1992
Contents
Scope of this Guidance
................................................................................................................
2
The Policy
...................................................................................................................................
2
Culling Policy
Requirements
........................................................................................................
3
Vaccination
Policy Requirements .................................................................................................
5
Implementation
............................................................................................................................
6
Monitoring ...................................................................................................................................
7
Reporting &
Disclosure of Information
.........................................................................................
7
Enforcement
................................................................................................................................
8
Welsh Border
...............................................................................................................................
8
Glossary
......................................................................................................................................
9
Please Note: This draft guidance is written for the purposes of this consultation as if it were to be issued to Natural England. Its purpose at this stage is to enable consultees to comment on the details of how a policy of badger culling might be implemented. It provides an indication of what guidance to Natural England under section 15(2) of the Natural Environment and Rural Communities Act 2006 might look like if such a policy were to be adopted. However, a decision has not yet been taken on whether to proceed with a policy of badger culling and any guidance will only be issued if, following consultation, a decision is taken to proceed with such a policy.
.
Page 2 of 10
Scope of this Guidance
1.
This guidance
is given by the Secretary of State to Natural England under section 15(2) of
the Natural Environment and Rural Communities Act 2006 (NERC), and represents
the Secretary of State’s considered views, based on current scientific
evidence, as to what is required in order for any cull of badgers to be
effective, safe and humane. By virtue of section 15(6) of that Act it is
guidance to which Natural England must have regard in discharging its
functions. [The Secretary of State has consulted Natural England and the
Environment Agency in accordance with section 15(3)(a) and (b) of that Act, and
in accordance with section 15(3)(c) of that Act has consulted the persons
listed in Annex A.]
2.
Under section
78 of NERC the Secretary of State may enter into agreements to authorise
designated bodies such as Natural England to carry out Defra functions. An
agreement under section 78 of NERC was entered into with effect from 1 October
2006 authorising Natural England to carry out various Defra functions including
those relating to licensing under the Protection of Badgers Act 1992 and the
Wildlife and Countryside Act 1981.
3.
This policy
guidance relates only to licensing functions under section 10(2)(a) of the
Protection of Badgers Act to kill or take badgers for the purpose of preventing
the spread of bovine TB, and any associated licensing functions under section
16(3)(g) and (h) of the Wildlife and Countryside Act 1981 in relation to any
activity that (in the absence of such a licence) would be prohibited under
section 11 of that Act. Guidance for all other badger licensing is given in a
separate document.
4.
Bovine
tuberculosis (TB) policy is devolved. With the exception of paragraph 32, this
guidance relates to England only.
The Policy
5.
The
Government’s policy is to allow controlled culling and vaccination of badgers
in areas of high incidence of bovine TB in cattle in a carefully regulated way
for the purpose of controlling the spread of the disease, in accordance with
the requirements set out below.1
6.
The aim of
culling is to deliver a reduction in confirmed new incidents of TB in cattle
within control areas, comparable to the average benefit seen in proactively
culled areas of the RBCT.2 In order to offset the risk of an increase in
confirmed new incidents of TB in cattle on land in the 2km ring surrounding a
control area, the policy has been designed to provide a confidence that there
will be a net overall benefit in terms of confirmed new incidents of TB in
cattle in the control area and the 2km ring combined.3
1 A policy
statement will be published alongside this guidance if Government proceeds with
a policy of badger control following this consultation.
2 In
proactively culled areas of the RBCT, from the first cull to 5 years after the
last cull (i.e. up to July 2010) there was a 28.3% reduction (95% confidence
interval: 20.9% decrease to 35.0% decrease) in TB confirmed cattle herd
incidence in culling areas when compared with survey-only areas.
3 The minimum
size of the culled area has been set to give 97.5% confidence of an overall
beneficial effect over the culled area and surrounding 2km of land, based on calculations
from the effect seen in the RBCT from the first cull until 3.5 years (42
months) after the last cull (Jenkins et al., 2010). Other licence criteria
(such as minimum land access levels) have been set to be at least as stringent
as those adopted in the RBCT.
Page 3 of 10
7.
The Government
does not want to see culling continuing for any longer than necessary. Four
years after the first culling licence has been granted, the Government will
review the policy and advise Natural England whether further culling licences
should be granted. Natural England should continue with normal licensing
operations until it receives this advice. (Existing licences will remain valid
for the term for which they were originally granted).
8.
The aim of
vaccination in combination with controlled culling is to mitigate the potential
for disease spread in areas within or surrounding the control areas, where
culling is not taking place. This could reduce the risk of badgers transmitting
the disease to cattle and, over time, may reduce the prevalence of disease in
the badger population.
4 For the
purposes of this policy, land within the PTI1 area is considered to be located
in a region where there is a recognised established reservoir of TB in badgers.
Countries included are Cornwall, Devon, Somerset, Dorset, Gloucestershire,
Wiltshire, Herefordshire, Worcestershire, Shropshire, Staffordshire and parts
of Derbyshire and Warwickshire.
Culling Policy Requirements
9.
Applications
for culling licences must meet the following criteria.
a.
All
participating farmers are complying, and for the duration of any licence will
continue to comply, with current statutory TB controls.
b.
Reasonable
biosecurity measures are being, and for the duration of any licence will
continue to be, implemented by participants on their land. For this purpose
“reasonable measures” means measures that in the particular circumstances are
practicable, proportionate and appropriate.
c.
The application
must cover an area of at least 150km2.
d.
The area must
be composed wholly of land within the Parish Test Interval 1 (PTI 1) area at
the time of application (i.e. an area within which cattle are subject to annual
testing for TB) 4.
e.
There must be
access for culling to at least 70% of the total land area in the application.
f.
The size and
number of inaccessible areas within the application area should be minimised,
with at least 90% of the land within the application area either accessible or
within 200m of accessible land.
g.
Applicants must
put in place reasonable measures to mitigate the risk to non-participating
farmers and landowners of a potential increase in confirmed new incidents of TB
in vulnerable livestock within the control area and in the 2km ring surrounding
the control area; and to protect the interests of any non-farming interests
that may be affected by badger control. For this purpose “reasonable measures”
means measures that in the particular circumstances are practicable,
proportionate and appropriate. When assessing the reasonableness of measures,
applicants and NE should take into account the cost of measures relative to the
potential cost to non-participants of the anticipated increase in TB incidence.
Page 4 of 10
h.
Applicants and
owners of land must enter into agreements under section 7 of NERC to permit
access to their land for culling (including by Government). The agreement
should be entered into by the freehold owners of at least 70% of the Control
Area unless Natural England considers that the likelihood of accessible land
falling below 70% as a result of the termination of any tenancy for any reason
(see para 9e) is very low. This may depend on:
i.
the margin of
accessible land above the minimum of 70%;
ii.
the proportion
of accessible land where the freehold owner is not participating; and
iii.
the length of
the tenancies to which the accessible land is subject.
i.
Applicants must
have arrangements in place to deposit sufficient funds to cover the total cost
of a four-year cull, plus a contingency sum, and this deposit must be made
before culling begins.
10.
Further,
applicants must satisfy Natural England that they are able to deliver an
effective cull in line with this policy and have arrangements in place to
achieve this. To deliver an effective cull, the following requirements must be
met.
a.
Culling must be
co-ordinated on accessible land across the entire control area.
b.
Culling must be
sustained, which means it must be carried out annually (but not in closed
seasons) for the duration of the licence (minimum of 4 years). The
killing/taking of badgers will be limited to a six-week cull period specified
in each licence and will not be permitted during the following closed seasons:
i.
1 December to
31 May for cage-trapping and shooting badgers;
ii.
1 February to
31 May for controlled shooting; and
iii.
1 December to
30 April for cage-trapping and vaccination
c.
Culling must
remove a minimum number of badgers in each year as specified below:
i.
in the first
year of culling, a minimum number of badgers must be removed during an
intensive cull which must be carried out throughout the land to which there is
access, over a period of not more than six consecutive weeks. This minimum
number should be set at a level that in Natural England’s judgement should
reduce the estimated badger population of the application area by at least 70%;
ii.
a minimum
number of badgers must also be removed in subsequent years of culling through
an intensive six-week cull which must be carried out throughout the land to
which there is access. This minimum number should be set at a level that in
Natural England’s judgement should maintain the badger population at the
reduced level required to be achieved through culling in the first year.
11.
Further,
applicants must satisfy Natural England that they are able to deliver the cull
as safely and humanely as possible. The following requirements must be met in
that respect.
Page 5 of 10
5 Where the
assessment concludes that the grant of a licence might result in an adverse
effect on the integrity of a European protected site, the licence must not be
granted unless there are no alternative solutions and the rationale for the
policy can be relied upon as an imperative reason of overriding public interest
(pursuant to regulation 62(2) of those Regulations). Where the European
protected site hosts habitat which for the purposes of the Habitats Directive
is a priority habitat or a species which is a priority species, any such
overriding public interest cannot be relied upon except pursuant to advice from
the European Commission that it may be.
a.
Those licensed
to kill badgers must be able to demonstrate a level of competence appropriate
to the method they will be licensed to use. Successful completion of a training
course approved by Government will be taken as proof of competence.
b.
Culling must be
in line with the Best Practice Guidance.
c.
In order to
ensure humaneness, only two culling methods will be permitted (which can be
used in combination, or as single control methods):
i.
cage-trapping
followed by shooting; and
ii.
controlled
shooting.
d.
All badger
carcases must be disposed of in line with Animal By-Products Regulation
1069/2009/EC.
12.
Natural England
should aim to ensure that culling will “not be detrimental to the survival of
the population concerned” within the meaning of Article 9 of the Bern
Convention on the Conservation of European Wildlife and Natural Habitats, and
for this purpose in considering applications for a licence should have regard
to the guidance of the Standing Committee on the interpretation of Article 9 of
that Convention. (The current guidance is dated 27 October 2010, document
T-PVS/Inf (2010) 16). For that purpose Natural England should:
a.
determine
appropriate area-specific licence conditions; and
b.
set a maximum
number of badgers to be removed from the licence area.
13.
Further,
Natural England should take into account conservation considerations for
designated sites, for example Sites of Special Scientific Interest (SSSIs),
Special Areas of Conservation (SACs), and Special Protection Areas (SPAs)
sites. Under the Conservation of Habitats and Species Regulations 2010, (SI
2010/490), an “appropriate assessment” must be carried out before granting a
licence which might have a significant effect on a European protected site
(principally SACs & SPAs).5
Vaccination Policy Requirements
14.
An injectable
vaccine for badgers is available for use under veterinary prescription (called
Badger BCG). Under existing legislation it is possible to apply to Natural
England for a licence to trap badgers for the purpose of vaccination, provided
the vaccinating will be carried out by someone who is sufficiently competent
(either a trained and accredited lay vaccinator or a practising vet with access
to personnel with adequate trapping experience). The ability to apply for
licences to vaccinate badgers will continue and is not limited to parishes
where cattle undergo annual testing for TB.
Page 6 of 10
15.
Vaccination can
take place as the sole disease control measure, or it can be used in
combination with culling, for example as a buffer for areas where vaccination
may help reduce the risks to vulnerable livestock of increased TB incidence,
both within and surrounding a control area, as a result of perturbation of the
local badger population.
16.
Where the use
of vaccination in combination with culling is proposed, the following best
practice is recommended:
a.
where
vaccination is to be used as a buffer, it should be used at active badger setts
found on, or adjacent to, land where vulnerable livestock are present and which
fall within 2km of the edge of a control area;
b.
vaccination
should take place at least 4 weeks prior to culling to allow immunity to
develop in uninfected vaccinated animals;
c.
to mitigate any
ongoing perturbation effect and begin to build up “herd immunity”, vaccination
should be carried out annually, continuing for at least the same length of time
as any culling on adjacent land; and
d.
where culling and
vaccination are taking place on adjacent land, boundary cage-trapping (designed
to cull badgers resident on inaccessible land) should be avoided.
Implementation
17.
Natural
England, on behalf of the Secretary of State, will determine applications for
culling and vaccination licences on a case-by-case basis.
18.
To enable
Natural England to assess licence applications it will require applicants to
submit a Badger Control Plan that demonstrates how they will meet the culling
policy requirements, and includes details of contingency plans in case the
chosen culling strategy proves ineffective.
19.
A maximum of
ten licences should be granted each year. The policy will be delivered through
a measured roll-out, with a pilot in a maximum of two licensed areas initially
in the first year. Culling in these areas will be closely monitored to ensure
that this method is both effective and humane. The results of this monitoring
will be examined by a panel of independent scientific experts who will advise
the Secretary of State over whether further licences should be issued.
20.
Prior to
granting a culling licence, Natural England should be satisfied that the
application meets the licence criteria and the policy requirements. If more
than ten licence applications are submitted within an application window in any
one year, then the ten which are judged by Natural England best to meet the
primary aim of the policy (i.e. to control TB in cattle) will be considered for
licensing in that year. The final selection will also take into account the
need to avoid adversely impacting the conservation status of the badger
population (see para 12).
21.
Each culling
licence will be granted for a period of not less than four consecutive years or
such other period as Natural England may determine is appropriate to ensure
that the proposed cull achieves the policy aim.
Page 7 of 10
22.
Natural England
should give the public an opportunity to comment on the licence applications
that are made.
23.
Natural England
should consider whether additional licence conditions are required to ensure
public and operator safety.
Monitoring
24.
As part of its
licensing operation, Natural England should monitor compliance with licence
conditions and agreements in place for culling and vaccination. The use of site
visits will be in accordance with a risk-based approach that complies with
Better Regulation principles and the Regulators’ Code for Compliance.
25.
Natural England
should require culling licensees to submit regular reports (frequency and level
of detail to be specified in licences) providing data on culling effort,
numbers of badgers culled, method(s) used, date and location, and information
on any non-target species caught and killed.
Reporting & Disclosure of Information
26.
Natural England
should disclose as much information as practically possible. Each year, or more
frequently if appropriate, Natural England should, as a minimum, publish on its
website the numbers of applications received and licences granted, and for each
licence issued:
a.
the county or
counties included within the licensed area;
b.
the size of the
licensed area;
c.
the number of
badgers reported killed by each method; and
d.
the number of
non-target species caught and killed.
27.
Individual
requests for disclosure of information should be considered on a case by case
basis in accordance with Natural England’s statutory duties under the Freedom
of Information Act (2000) and the Environmental Information Regulations (2004).
Each request should be considered on its merits in the current circumstances,
taking account of where the balance of public interest lies.
28.
In cases where
personal security could be compromised, or there is a risk of damage to
property, information (such as names or addresses or other information through
which the applicants/ licensees might be identified) will not generally be
released. In addition where the disclosure of information could lead to the
disruption of culling activities this information will also not generally be
disclosed. This information may be released to the police or other relevant
government authorities, if appropriate.
Page 8 of 10
Enforcement
29.
Natural England
should apply its published Enforcement Policy Statement to breaches of licences
that it has issued. Wildlife offences that are not breaches of licences may be
reported to the police for investigation.
30.
As required at
paragraph 9h, culling licences issued under the Protection of Badgers Act
should be supplemented with an agreement under section 7 of NERC between
Natural England and the owners of land comprising at least 70% of the area.
This will permit culling on the licensee’s land by Government, should this
prove necessary.
31.
Government
intervention will be considered where, in particular, in the judgement of the
Secretary of State, any of the following circumstances apply:
a.
where culling
has not taken place at all during any year after the culling commenced in year
one (applicants should detail in the Badger Control Plan the dates during which
culling will be carried out);
b.
where in any of
the four years of culling the minimum number of badgers to be culled during the
initial annual six-week intensive cull period (specified by Natural England for
the year in question) is not attained;
c.
where the area
of accessible land in a control area has dropped below 70%;
d.
where there has
been any other breach of the licence which the licence holder has been asked to
remedy and has failed to remedy within a reasonable period; or
e.
where there is
an Event of Default as defined in the section 7 agreement.
Welsh Border
32.
Natural England
and the Welsh Assembly Government should consider on a case-by-case basis any
licence applications in respect of areas which cross the Welsh border. If an
application relates to an area which is solely within England but within 2km of
the border, Natural England should determine the licence application in the
normal way but will consult the Welsh Assembly Government.
Page 9 of 10
Glossary
Access/accessible land: land within a
control area that is participating in the application and accessible for
culling to take place
Application Area: land included in an
application, including both access land and non-participating land.
Biosecurity measures: measures designed to
reduce the risk of transmission of infectious disease.
Controlled shooting: the shooting of
badgers in the field (as distinct from shooting those that have first been
trapped in cages).
Control Area: land included in the licence,
once granted, including both land that is participating and land that is not
participating in culling.
Effective Cull: a cull that meets the
requirements set out in paragraph 12.
Habitats Directive: Council Directive
92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild
fauna (OJ L 206, 22.7.1992. p.7).
Herd immunity: An epidemiological term that
refers to the vaccination of sufficient susceptible individuals in a population
as a means of protecting remaining susceptible, unvaccinated animals in that
population from infection.
Non-participating land: land within a
control area that is not participating and where access has not been permitted
for culling to take place.
Proactively Culled Areas: Areas within the
RBCT which were subjected to repeated (approximately annual) culling across all
accessible/consent land.
PTI 1 Areas: Classification at the Parish
level, according to AHVLA, to determine the frequency of testing cattle within
these areas for TB. PTI 1 requires annual testing of all cattle within the
Parish.
Page 10 of 10
|
© Crown copyright |
2011 |
You may re-use
this information (not including logos) free of charge in any format or medium,
under the terms of the Open Government Licence. To view this licence, visit www.nationalarchives.gov.uk/doc/open-government-licence/
or write to the Information Policy Team, The National Archives, Kew, London
TW9 4DU, or e-mail: psi@nationalarchives.gsi.gov.uk
This document/publication is also available on our website at:
|
www.defra.gov.uk |
Any enquiries
regarding this document/publication should be sent to us at:
tbbc@defra.gsi.gov.uk
or
TBBC
Defra
17 Smith Square
London
SW1P 3JR
Department for Environment, Food and Rural Affairs
|
July 2011 |
Annex B:
List
of organisations and individuals invited to respond to the Consultation
|
Animal Health and Veterinary Laboratories Agency |
|
Association of Chief Police Officers |
|
Badger Care from nGeneration |
|
Badger Trust |
|
Bovine TB Eradication Group for England (TBEG) |
|
British Association for Shooting and Conservation |
|
British Cattle Veterinary Association |
|
British Veterinary Association |
|
British Wildlife Management |
|
Central Association of Agricultural Valuers |
|
Country Land and Business Association |
|
Environment Agency |
|
Food & Environment Research Agency |
|
Forestry Commission |
|
Game and Wildlife Conservation Trust |
|
Independent scientists |
|
Institute of Ecology and Environment |
|
National Beef Association |
|
National Cattle Association |
|
National Farmers’ Union |
|
National Gamekeepers’ Organisation |
|
National Trust |
|
National Wildlife Crime Unit |
|
Natural England |
|
People's Trust for Endangered Species |
|
Rare Breeds Survival Trust |
|
Royal College of Veterinary Surgeons |
|
RSPB |
|
RSPCA |
|
Tenants Farmers Association |
|
UFAW |
Page 2 of 3
|
VEGA
(Vegetarian Economy and Green Agriculture) |
|
The Wildlife
Trusts |
.
Page 3 of 3
|
© Crown copyright |
2011 |
You may re-use
this information (not including logos) free of charge in any format or medium,
under the terms of the Open Government Licence. To view this licence, visit www.nationalarchives.gov.uk/doc/open-government-licence/
or write to the Information Policy Team, The National Archives, Kew, London
TW9 4DU, or e-mail: psi@nationalarchives.gsi.gov.uk
This document/publication is also available on our website at:
|
www.defra.gov.uk |
Any enquiries
regarding this document/publication should be sent to us at:
tbbc@defra.gsi.gov.uk
or
TBBC
Defra
17 Smith Square
London
SW1P 3JR
--------------------------------------------------------------------------------------
Department for Environment, Food and Rural Affairs
July 2011
Annex C: updated cost benefit analysis
|
Title: Bovine TB and Badger Control Lead department or agency: Defra Other departments or agencies: |
Impact
Assessment (IA) IA No: Date: 15/06/2011 Stage: Consultation Source of
intervention: Domestic Type of
measure: Other Contact for enquiries: TB Programme, Defra tbbc@defra.gsi.gov.uk
|
Summary: Intervention
and Options
|
What is the problem under consideration?
Why is government intervention necessary? Bovine TB (bTB) is a serious infectious disease of cattle. Disease freedom is a "public good" affecting the whole cattle industry. Private actions to control or eradicate disease are likely to be non-optimal because of externalities and information asymmetry. Badgers are known to harbour bTB and without addressing TB in badgers, it will not be possible to eliminate the disease in cattle. However, badgers are an important native species, and the general public value their existence and freedom from cruel treatment. There is no practical market mechanism that could adequately internalise the trade-off between the existence and welfare of badgers and the control of bTB, so there is a need for Government policy to address this explicitly. |
|
What are the policy objectives and the
intended effects? The objectives of a badger control policy,
as part of a package of measures to tackle bTB in cattle, are to address the
reservoir of the disease in the badger population; reverse the rising trend
of incidence of bTB in cattle in areas with high and persistent levels of the
disease; and to empower farmers and landowners to use all appropriate
measures to take control of the disease in their local areas in order to
minimise the risk to their cattle herds. The intended effect is to reduce the incidence of bTB in cattle in the areas where badger control measures are being applied, also reducing the cost to farmers and Government of dealing with the disease. |
|
What policy options have been
considered? Please justify preferred option (further details in Evidence
Base) This document
updates the assessment of the preferred option (Option 6) in the Consultation
Stage Impact Assessment: issuing licences to farmers/landowners under the
Protection of Badgers Act 1992 to cull and/or vaccinate badgers. This option
has been revised to take account of issues raised in the 2010 public
consultation and the revised policy proposal is set out in the consultation
document and draft Guidance to Natural England. |
|
When will the policy be reviewed to establish its impact and the extent to which the policy objectives have been achieved? |
It will be
reviewed 06/2015 |
|
Are there arrangements in place that will allow a systematic collection of monitoring information for future policy review? |
Yes |
Sign-off For consultation stage Impact
Assessments:
I have read the Impact Assessment and
I am satisfied that, given the available evidence, it represents a reasonable
view of the likely costs, benefits and impact of the leading options.
Signed by
the responsible Minister: Date: 18 July 2011
1 URN 10/899 Ver. 1.0 04/10
Summary:
Analysis and Evidence Policy Option 1
Description:
Issuing
licences to use a combination of culling and vaccination in one area of 350km2
and 2km around
|
Price Base Year 2010 |
PV Base Year 2011 |
Time Period Years 10 |
Net Benefit (Present Value (PV)) (£m) |
||
|
Low: |
High: |
Best Estimate: +£1.78m |
|||
|
COSTS (£m) |
Total Transition (Constant Price) Years |
Average Annual (excl. Transition) (Constant Price) |
Total Cost (Present Value) |
|||
|
Low |
||||||
|
High |
||||||
|
Best Estimate |
£0.26m |
£2.62m |
||||
|
Description and scale of key monetised costs by ‘main affected groups’ Farmers in cull area: surveying, culling and vaccination operations, administration and coordination £1.38m. Farmers in neighbouring area: contribution to survey and coordination, financial cost of cattle bTB incidents due to badger perturbation £0.11m. Government: licensing and monitoring, financial cost of cattle bTB incidents due to badger perturbation £1.02m. |
||||||
|
Other key non-monetised costs by ‘main affected groups’ General public: strong aversion to a badger cull among many members of the public (no reliable estimate of valuation). Policing and security costs of culling (to be investigated further). |
||||||
|
BENEFITS (£m) |
Total Transition (Constant Price) Years |
Average Annual (excl. Transition) (Constant Price) |
Total Benefit (Present Value) |
|||
|
Low |
||||||
|
High |
||||||
|
Best Estimate |
£0.52m |
£4.29m |
||||
|
Description and scale of key monetised benefits by ‘main affected groups’ Farmers in cull area: financial benefit of avoiding cattle bTB incidents £1.32m. Farmers in neighbouring area: financial benefit of avoiding cattle bTB incidents £0.04m. Government: financial benefit of avoiding cattle bTB incidents £2.94m. |
||||||
|
Other key non-monetised benefits by ‘main affected groups’ Farmers in cull and vaccination areas: non-financial benefit of avoiding cattle bTB incidents (includes stress of operating business under restrictions, emotional impact of loss of prized cattle), and of seeing action taken to reduce risk of TB transmission from a known wildlife reservoir. |
||||||
|
Key assumptions/sensitivities/risks Discount rate (%) |
3.5 |
|||||
|
This option is not prescriptive about how badger culling and vaccination are combined. For illustration, the figures are based on culling within the area of 350km2 plus limited vaccination in the neighbouring area. Effect of culling on bTB in cattle: assumed as in RBCT but persists for six months more than so far observed and then stops completely. Cost of culling operation: assumes mainly controlled shooting with some use of cage trapping. In line with licensing conditions and guidance, barriers or buffers reduce impact in the neighbouring area. For farmers in cull area, monetised costs exceed expected monetised benefits; any potential risk to sustained implementation would be mitigated by licensing conditions. There are considerable uncertainties around the central estimates shown here. |
||||||
|
Direct impact on business (Equivalent Annual) £m): |
In scope of OIOO? |
Measure qualifies as |
||||
|
Costs: £1.49m |
Benefits: £1.35m |
Net: -£0.14m |
No |
NA |
||
2 3
Enforcement, Implementation
and Wider Impacts
|
What is the geographic coverage of the policy/option? |
England |
|||||||
|
From what date will the policy be implemented? |
01/05/2011 |
|||||||
|
Which organisation(s) will enforce the policy? |
Defra/Natural England |
|||||||
|
What is the annual change in enforcement cost (£m)? |
£0.01m/area/year |
|||||||
|
Does enforcement comply with Hampton principles? |
Yes |
|||||||
|
Does implementation go beyond minimum EU requirements? |
No |
|||||||
|
What is the CO2 equivalent change in greenhouse gas emissions? (Million tonnes CO2 equivalent) |
Traded: 0 |
Non-traded: 0 |
||||||
|
Does the proposal have an impact on competition? |
No |
|||||||
|
What proportion (%) of Total PV costs/benefits is directly attributable to primary legislation, if applicable? |
Costs: N/A |
Benefits: N/A |
||||||
|
Distribution of annual cost (%) by organisation size (excl. Transition) (Constant Price) |
Micro |
< 20 |
Small |
Medium |
Large |
|||
|
Are any of these organisations exempt? |
Yes/No |
Yes/No |
Yes/No |
Yes/No |
Yes/No |
|||
Specific Impact Tests:
Checklist
Set out in the table below
where information on any SITs undertaken as part of the analysis of the policy
options can be found in the evidence base. For guidance on how to complete each
test, double-click on the link for the guidance provided by the relevant
department.
Please note this checklist
is not intended to list each and every statutory consideration that departments
should take into account when deciding which policy option to follow. It is the
responsibility of departments to make sure that their duties are complied with.
|
Does your policy option/proposal have an impact on…? |
Impact |
Page ref within IA |
|
|
Statutory equality duties1 Statutory Equality Duties Impact Test guidance |
No |
||
|
Economic impacts |
|
|
Competition Competition Assessment Impact Test guidance |
No |
|
Small firms Small Firms Impact Test guidance |
No |
|
Environmental impacts |
|||
|
Greenhouse gas assessment Greenhouse Gas Assessment Impact Test guidance |
No |
||
|
Wider environmental issues Wider Environmental Issues Impact Test guidance |
Yes |
9.4 |
|
|
Social impacts |
|
|
Health and well-being Health and Well-being Impact Test guidance |
No |
|
Human rights Human Rights Impact Test guidance |
No |
|
Justice system Justice Impact Test guidance |
No |
|
Rural proofing Rural Proofing Impact Test guidance |
No |
|
Sustainable development Sustainable Development Impact Test guidance |
No |
1 Public bodies including
Whitehall departments are required to consider the impact of their policies and
measures on race, disability and gender. It is intended to extend this
consideration requirement under the Equality Act 2010 to cover age, sexual
orientation, religion or belief and gender reassignment from April 2011 (to
Great Britain only). The Toolkit provides advice on statutory equality duties
for public authorities with a remit in Northern Ireland.
Evidence Base (for summary
sheets) – Notes
Use this space to set out
the relevant references, evidence, analysis and detailed narrative from which
you have generated your policy options or proposal. Please fill in References
section.
References
Include the links to
relevant legislation and publications, such as public impact assessment of
earlier stages (e.g. Consultation, Final, Enactment).
|
No. |
Legislation or publication |
|
1 |
Protection of Badgers Act 1992 |
|
2 |
|
|
3 |
|
|
4 |
|
+
Add another row
Evidence Base
Ensure that the information
in this section provides clear evidence of the information provided in the
summary pages of this form (recommended maximum of 30 pages). Complete the
Annual profile of monetised costs and benefits (transition and recurring) below
over the life of the preferred policy (use the spreadsheet attached if the
period is longer than 10 years).
The spreadsheet also
contains an emission changes table that you will need to fill in if your
measure has an impact on greenhouse gas emissions.
Annual profile of monetised
costs and benefits* - (£m) constant prices
|
Y0 |
Y1 |
Y2 |
Y3 |
Y4 |
Y5 |
Y6 |
Y7 |
Y8 |
Y9 |
||||||||||
|
Transition costs |
|||||||||||||||||||
|
Annual recurring cost |
|||||||||||||||||||
|
Total annual costs |
0.95 |
0.57 |
0.55 |
0.55 |
0 |
0 |
0 |
0 |
0 |
0 |
|||||||||
|
Transition benefits |
|||||||||||||||||||
|
Annual recurring benefits |
|||||||||||||||||||
|
Total annual benefits |
0.04 |
0.19 |
0.64 |
0.52 |
0.58 |
0.60 |
0.62 |
0.63 |
0.65 |
0.67 |
|||||||||
* For non-monetised
benefits please see summary pages and main evidence base section
4
Evidence Base (for summary sheets)
. Introduction
1
.1. This document accompanies the consultation on the draft
Guidance to Natural England, "Licences to kill or take badgers for the
purpose of preventing the spread of bovine TB under section 10(2)(a) of the
Protection of Badgers Act". This is the guidance that will be issued to
Natural England under section 15(2) of the Natural Environment and Rural
Communities Act 2006 if a decision is made to proceed with a policy of
controlled badger reduction. The guidance sets out how Natural England should
exercise its function to issue licences to allow controlled culling and
vaccination of badgers in areas of high incidence of TB in cattle in a
carefully regulated way for the purpose of controlling the spread of disease
and includes the licence criteria with which licensees will be required to
comply.
1
.2. This is not a full Impact Assessment, but is instead
intended to give an update to the Consultation Stage Impact Assessment relating
to policy option 6 "Issuing licences to use a combination of culling and
vaccination". Since the Consultation Stage, we have made several changes
to our assumptions to reflect changes in the detail of the policy and to take
account of new information and advice. This document sets out the changes and
shows the effect they have on the estimated impacts previously published.
Further detail of the assessment were given in the Consultation Stage Impact
Assessment which is available at
http://archive.defra.gov.uk/corporate/consult/tb-control-measures/100915-tb-control-measures-annexf.pdf
2
. Changes to assumptions
2.
1. As before, the figures shown relate to a single licensed
area. The following table explains the changes that have been made to the
assumptions. The column "Effect on the CBA per licensed area" is
included to give an idea of how important each change is in affecting the
results. This is an over-simplification because the effects of the changes are
interdependent, so it is not strictly correct to present the effects
individually and the figures would alter slightly if the changes were applied
in a different order. However the figures do still give a good indication of
relative importance. All the figures are rounded.
|
Change |
Effect on the CBA per licensed area |
|
The size of the control areas are now assumed to be 350km2 rather than 150km2, to reflect our latest understanding of the average size of potential application areas. The assumed baseline incidence of TB in cattle in the 350km2 area is the same as previously assumed for the 150km2 area. The result of this change is that culling costs and positive effects on cattle TB increase with the larger area, while negative effects of perturbation increase less. |
Increases both costs and benefits, but benefits by more. Increases NPV by £1.6m. Main net change is for Government. |
5 Change Effect on the CBA per licensed area
|
The area of participating land within the control area is now assumed to be 70% (of 350km2) rather than 75% previously assumed, to reflect the requirement in the draft guidance that there must be access for culling to at least 70% of the total land area in the application. |
Reduces cost to farmers. Increases NPV by £0.1m. |
|
The draft guidance includes a requirement for participants to put in place reasonable measures to mitigate the risk to non-participating farmers and landowners of a potential increase in confirmed new incidents of TB in vulnerable livestock within the culled area and in the 2km ring surrounding the culled area. There are a range of possible impacts that could result from different combinations of measures and so for the purposes of this IA we have assumed that: In practice it may be unlikely that 50% of a control area will be surrounded by a hard boundary, but this combination of assumptions is intended to reflect the effect that might be achieved by having some barriers, buffers or other measures in place around the whole boundary. |
Reduces benefits of vaccination, but reduces costs to farmers by more. Increases NPV by £0.3m. |
|
The draft guidance specifies that licences must be granted for a minimum of four years, based on scientific advice about the minimum culling period. We have therefore assumed that culling (and vaccination where applicable) takes place for four years only. The previous IA assumed culling for five years based on average number of culls in the Randomised Badger Culling Trial (RBCT) proactive areas (although these were affected by the Foot and Mouth Disease outbreak in 2001). The effects on cattle TB incidence are assumed to be the same. |
Reduces cost to farmers. Increases NPV by £0.3m. |
6
2 See: http://archive.defra.gov.uk/food-farm/animals/diseases/tb/documents/8control-strat-report.pdf
|
As the assumed length of the culling period has now been reduced to four years, the estimated impacts of culling derived from the RBCT have been applied differently to give estimated impacts for four year culling. Annual RBCT estimated impacts are used for the four years of the cull, with a single post-culling period estimated impact applied to the following six years. This is in line with scientific advice. |
Very small reduction in benefits. Reduces NPV by £0.01m. |
|
The assumed impacts of badger vaccination have been revised using new scaling factors based on updated modelling by Fera2 of the effect of vaccination relative to culling, during and after the control period. As for the previous IA, the scaling factors are applied to the RBCT estimated impacts. |
Small reduction in benefits. Reduces NPV by £0.1m. |
|
In line with the requirement in the draft guidance for participants to take reasonable measures to mitigate the risk to non-participants, we have assumed that any vaccination in neighbouring area will be paid for by farmers in the control area (rather than in the neighbouring area). |
£0.5m cost met by farmers within the culled area rather than by farmers in the neighbouring area. No change in NPV. |
|
The licensing and monitoring costs to Government have been revised based on new information and are now applied to two pilot 350km2 areas. The previous IA assumed lower costs, with fixed costs spread over a larger number of areas (five). |
Increased cost to Government. Reduces NPV by £0.8m. |
If a decision is made to proceed with a policy of badger
control following the consultation, a full Final Impact Assessment will be
produced.
Overall effect of the changes
.3. The overall effect of the changes to our assumptions is
to increase the costs of the option by £0.65m and to increase the benefits by
£2.00m. The net effect is an increase in the Net Present Value to +£1.78m and
the Benefit Cost Ratio to 1.71. The main contributor to these changes is the
increase in the size of the licensed area. As set out at in the earlier
Consultation Stage IA, there are significant uncertainties around the best
estimates.
Department for
Environment, Food and Rural Affairs
|
July 2011 |
Annex D:
Natural
England’s draft guidance to applicants on completion of a Badger Control Plan
Please
Note: This is a working draft of
guidance, which will be revised and will form part of Natural England’s
Guidance to Applicants if a policy of badger control is adopted. This is not
intended to be a standalone document.
Page 2 of 7
Purpose of the Badger
Control Plan
Natural England is the
licensing authority in England for the Protection of Badgers Act 1992 and
determines licence applications for the purpose of preventing the spread of
disease on behalf of the Secretary of State. Before issuing a licence, Natural England
has to be satisfied that there is a genuine problem to resolve, there are no
satisfactory alternatives, the action proposed is proportionate and that the
licensed action will not be detrimental to the survival of the badger
population concerned or adversely affect the conservation status of any other
species or habitat. However, there also needs to be a clear expectation that
the action licensed will be effective in achieving its purpose – in this case,
reducing the risk of bovine TB transmission from badgers to cattle. Applicants
must submit a completed Badger Control Plan with their licence application in
order to help Natural England determine if their proposals are likely to
achieve an effective cull in accordance with the licensing criteria.
The commitment of those
involved in a licence to follow a Badger Control Plan for the required period,
normally at least 4 years, will be secured through a TB Management Agreement
(made under section 7 of the Natural Environment and Rural Communities Act 2006).
The details set out in the Badger Control Plan should provide evidence that the
licence applicant has realistic and feasible proposals for achieving the
necessary cull level and implementing biosecurity measures. If a licence is
issued, it will be on the basis that these proposals, subject to any
modifications required by Natural England, are implemented. Failure to do so,
once a licence has been issued, may result in amendment or revocation of the
licence, or in enforcement action being taken.
Scope of the Badger Control
Plan
The details of the Badger
Control Plan should be completed electronically on the spreadsheet provided by
Natural England or, for smaller numbers of participants if that is not
possible, as a hard copy on a print-out of the spreadsheet. Principally, this
deals with elements of biosecurity relevant to potential disease spread from
badgers to cattle (and vice versa) and proposals for the effective delivery of
the cull and/or vaccination programme.
The main areas that are
covered are:
Biosecurity: Each participating farmer in the control area
must have had awareness training on biosecurity, normally through guidance and
completion of a biosecurity self-assessment, or by provision of specific
on-farm advice, and any biosecurity issues raised should be addressed.
2.
Effective implementation of the licence: The plan should
show how those carrying out the action, whether culling and/or vaccination,
will be deployed and the methods they will use, and should record the evidence
relevant to the operators’ competence. Proposals for the first and for
subsequent years are set out on separate pages of the spreadsheet.
3.
Non-participating Farms: Non-participating farms with
vulnerable livestock in the licence area and around the boundary should be
listed and details given of what biosecurity
Page 3 of 7
and/or mitigation measures will be taken to reduce their
risks. Farms inside the control area and around the boundary are dealt with on
separate pages in the spreadsheet.
The following paragraphs give further guidance on what needs
to be considered when completing each of these sections.
Biosecurity:
Reducing badger-cattle contact through improved biosecurity
measures is likely to contribute to reducing badger-related bovine TB in cattle,
so such reasonable measures should be implemented. (For this purpose
"reasonable measures" means measures that in the particular
circumstances are practicable, proportionate and appropriate). Used alongside
licensed action, this will maximise the likelihood of a beneficial impact on
disease incidence during the licence period and subsequently.
As part of the licence application you will have been asked
to provide details of biosecurity training and advice that has been provided
for farmers in the application area. Participating farmers/landowners must have
carried out a disease-risk self-assessment questionnaire to help identify areas
for improvement (see Annex E to the consultation).
In the Badger Control Plan you should highlight any areas
for improvement identified in the biosecurity training or risk assessments, and
describe what steps are being taken to improve biosecurity where it is
practical, proportionate and appropriate to do so.
Some biosecurity measures can be implemented at little or no
cost and should normally be adopted, on a precautionary basis, wherever
possible. Biosecurity is one of the issues that will be looked at in licence
compliance visits. See further biosecurity guidance for more details (see Annex
E to the consultation).
Effective implementation of the Licence:
For badger culling to have a beneficial effect it needs to
be carried out over all of the participating land in the Control Area within a
short period of time, not more than 6 weeks, and it must achieve a substantial
reduction in the local badger population, expected to equate to 70% or more of
the population. There should also be reasonable measures in place to mitigate
the risk to non-participating farmers and landowners both within the Control
Area and in the 2km ring surrounding the culled area. Culling must be repeated
each year for at least four years.
To ensure that action taken under licence will meet these
requirements, and help reduce the risk of cattle TB breakdowns, the Badger
Control Plan should set out how it is proposed to carry out the work in an
effective way. Where culling is being undertaken by a contractor, they will
probably be best placed to provide this information.
Points that need to be covered are set out below:
Page 4 of 7
Culling:
What methods will be used and what training/evidence of
competence in those methods do the operators have?
•
What areas will each operator be covering?
•
How many ‘main’ setts are there in these areas?
•
If trapping, how many traps will operators be using?
•
If shooting, how frequently are shooters committed to going
out, and at what times?
•
How will you deploy trappers/shooters to achieve the level
of cull needed throughout the licence area and within a short period of time? –
each year’s cull across the entire licence area must be achieved within 6 weeks
– how will you achieve this?;
•
Who will collate information on culling to feed into licence
returns (a suggested pro-forma for operators to record information in the field
is given in the Appendix)?
Carcase disposal:
What arrangements have you made for disposal of the badgers
culled under licence?
Vaccination:
To have a beneficial effect a sufficiently large proportion
of the badger population needs to be injected to prevent continued circulation
of the disease within the population. In addition it must be carried out
competently and humanely and needs to be repeated each year for at least four
years.
Since, as with culling, effective disease control also
requires that measures are taken to deal with other risk factors, you should
take appropriate steps to reduce badger-cattle contact at high-risk points, as
outlined above.
In addition to the information needed for trapping and
culling, for vaccination you will also need to consider:
Name and address of Vet prescribing the vaccine.
•
Name and address of Vet responsible for veterinary advice
and guidance in the field (may or may not be the same as the prescribing Vet).
•
How many trained lay vaccinators will be available to carry
out the operation (copies of Certificates of Competence to be submitted with
application)?
•
How big an area or how many setts do you intend to treat?
•
How long do you propose the trapping operation to continue?
•
How are you going to mark vaccinated animals to ensure they
are not vaccinated a second time within the same trapping season?
•
How will you decide when you have treated enough animals?
(The aim should be to treat as many animals as you can catch – in practice this
is likely to still leave a proportion of the population untreated);
•
What provisions do you have for humane despatch of injured
animals that may be trapped?
Page 5 of 7
What commitment do you have from those involved in the
operation for undertaking follow-up treatments in successive years?
Non-participating Farms:
Evidence suggests that disruption of the badger’s stable
social organisation can result in badgers ranging more widely, increased
incidence of disease in the badger population, and an increased risk of TB herd
breakdowns in farms adjoining cull areas, particularly in the early years of a
cull – this has been termed the ‘perturbation’ effect.
Participants must put in place reasonable measures to
mitigate the risk to non-participating farmers and landowners of a potential
increase in new confirmed incidents of TB in vulnerable livestock within the
culled area and in the 2km ring surrounding the culled area; and to protect the
interests of any non-farming interests that may be affected by badger control.
For this purpose "reasonable measures" means measures that in the
particular circumstances are practical, proportionate and appropriate.
Reasonable measures to reduce this risk, which might include provision of
fencing, vaccination of badgers, or specific on-farm biosecurity advice, should
be taken (See Guidance on protection for non-participants).
The Badger Control Plan should provide details of
non-participating farms that may be affected, the information or help that has
been provided to improve their awareness of the risks and guidance they have
been given on measures that can be taken to reduce them. Where specific issues
have been identified, details should be given of what steps have been, or will
be taken to mitigate the risks.
Note on the ‘conservation safeguard’:
The Government is required to ensure that licensed action is
not detrimental to the survival of the badger population concerned. Licence
conditions will include provisions aimed at preventing local extinction and, on
a broad scale, this is one of the elements that will be monitored by Defra.
However, individual licensees should also be aware of these obligations and
should have checks in place as an ‘early warning’ system to prevent the risk of
breaching this requirement on a local scale. The proposals set out in the
Badger Control Plan should take account of this and should not be aimed at
completely eradicating badgers in the control area. If, at any time during the
licensed operations, it appears that the local badger population has been reduced
to such an extent that it is in danger of local extinction, culling must stop
and you must notify Natural England. We will determine if further culling can
be allowed and will assess whether any change is required to your licence.
In the course of the overall operation, if this involves
culling, simple sett monitoring should be undertaken to determine if badgers
are still present in the cull area. This should be carried out each year during
the course of the licence, in any case, as part of the assessment of past
culling efforts and planning for the coming year’s culling activity.
Natural England
July 2011
Page 6 of 7
Appendix: Suggested pro-forma for field recording of cull
data.
|
Badger Cull Record |
|||||
|
Farm/Site Name: |
Farm/Site Ref: |
||||
|
4 Fig. OS Grid Ref: |
Contractor: |
||||
|
No. of Traps/NA*: |
Date first set/NA*: |
||||
|
No. Bait Points/NA*: |
Date baited/NA*: |
||||
|
Free shooting night number(1st etc)/NA*: |
Total nights proposed/NA*: |
||||
|
Badger Ref No. |
Culling method |
Number of shots to kill |
Body recovered Y/N |
6 Fig. OS Grid Ref |
|
|
Notes: (give details of animals found wounded in traps non-target captures or casualties) |
|||||
*NA = not applicable.
Page 7 of 7
|
© Crown copyright |
2011 |
You may re-use this information (not including logos) free
of charge in any format or medium, under the terms of the Open Government
Licence. To view this licence, visit
www.nationalarchives.gov.uk/doc/open-government-licence/ or write to the
Information Policy Team, The National Archives, Kew, London TW9 4DU, or e-mail:
psi@nationalarchives.gsi.gov.uk
This document/publication is also available on our website
at:
|
www.defra.gov.uk |
Any enquiries regarding this document/publication should be
sent to us at:
tbbc@defra.gsi.gov.uk or
TBBC
Defra
17 Smith Square
London
SW1P 3JR
__________________________________________________________________
Department for
Environment, Food and Rural Affairs
|
July 2011 |
Annex E:
Natural
England’s draft guidance to participants on reasonable biosecurity measures
Please
Note: This is a working draft of
guidance, which will be revised and will form part of Natural England’s
Guidance to Applicants if a policy of badger control is adopted. This is not
intended to be a standalone document.
Page 2 of 4
TB Biosecurity Guidance
Good biosecurity is an
important element of disease control for all livestock farms. Advice and
guidance on biosecurity is available on the Defra and Animal Health and
Veterinary Laboratory Agency websites (see
http://archive.defra.gov.uk/foodfarm/farmanimal/diseases/atoz/tb/abouttb/protect.htm
http://animalhealth.defra.gov.uk/about/publications/advice-guidance/bovine-tb.html).
This document gives specific guidance on the range of biosecurity measures
relevant to reducing the risk of disease transmission from badgers in a TB
Control Area.
By reducing badger-cattle
contact through high standards of farm biosecurity the risk of TB transmission
from badgers to cattle (and vice versa) should be reduced, so biosecurity is an
important component of effective disease control.
Whilst badger culling can
reduce the incidence of new cattle TB breakdowns, the disruption caused to
badger social organisation can lead to increased movement by surviving badgers
and increased disease prevalence in those survivors. So it is especially
important that high biosecurity standards are implemented on all farms with
cattle and other vulnerable livestock (e.g. camelids and goats) in or near to
areas where culling is taking place.
In TB Control Areas, where
licensed culling is to take place, it is a condition of the licence that
reasonable biosecurity measures are being, and for the duration of any licence
will continue to be, implemented by participants on their land. For this
purpose "reasonable measures" means measures that in the particular
circumstances are practicable, proportionate and appropriate. Appropriate
biosecurity advice should also be offered to relevant non-participants on
neighbouring farms.
This guidance, together
with the accompanying checklist, provides advice on the range of biosecurity
measures that may be reasonable. Farmers who are bound by a TB Management
Agreement are required to carry out a Biosecurity Self-Assessment (using the
Checklist) and must take reasonable steps to maintain high standards of
biosecurity. However, it is recognised that every farm is different and that
biosecurity measures need to be tailored to individual circumstances.
The farmyard and buildings
The following measures
should help reduce the frequency of badger visits to farm buildings and yards
and therefore reduce the potential risk of transmission of bovine TB.
Use of electric fencing around silage clamps. Electric wires
should be at 10, 15 and 20cm above ground. An additional wire at 30cm can also
be used to provide the most effective deterrent. But if flexibility is
paramount, even a single electrified wire at 15cm can be a useful deterrent.
•
Make sure all buildings are secure with no gaps or holes
that badgers could use to gain access.
•
Wherever possible, install solid doors/gates to buildings so
badgers cannot climb through or over.
•
Close doors to feed stores when not in use and especially at
night.
•
If feed sheds cannot be made secure consider using solid
feed bins with lids that can be closed.
Page 3 of 4
Ensure the gap between the bottom of gates, doors or fences
and the ground is less than 10cm.
•
Raise feed or water troughs, where possible, to more than
75cm above ground level.
•
Aim to make all mineral blocks and salt licks inaccessible
to badgers.
•
Clean up any feed spillage and keep the yard tidy.
In the field
If you know where badger setts and latrines are on your
farm, where possible keep your livestock away from these areas by using such
means as electric fencing.
•
Avoid feeding concentrates on the ground.
•
Check and clean out any feed and water troughs regularly.
•
Avoid spreading manure from TB infected cattle onto pastures
known to be used by foraging badgers.
•
Avoid intensive grazing or strip grazing on pastures known
to be used by badgers as this grazing technique can force livestock to graze
contaminated pasture.
Result of inadequate biosecurity in the badger control area
If Natural England considers that reasonable biosecurity
measures have not been set in place then a licence may be withheld until such
measures have been taken, or modifications to the application made (e.g. change
of Control Area boundary), before a licence is issued, or Natural England may
refuse to issue a licence for the proposed Badger Control Area. If a licence
has already been issued and inadequate biosecurity measures have been found on
a farm or farms then Natural England may exclude that farm or farms from the
licence or, if the affected area is sufficiently large, suspend the licence
until the issue is satisfactorily resolved.
Page 4 of 4
|
© Crown copyright |
2011 |
You may re-use this information (not including logos) free
of charge in any format or medium, under the terms of the Open Government
Licence. To view this licence, visit www.nationalarchives.gov.uk/doc/open-government-licence/
or write to the Information Policy Team, The National Archives, Kew, London TW9
4DU, or e-mail: psi@nationalarchives.gsi.gov.uk
This document/publication is also available on our website
at:
|
www.defra.gsi.gov.uk |
Any enquiries regarding this document/publication should be
sent to us at:
tbbc@defra.gsi.gov.uk or
TBBC Defra
17 Smith Square
London
SW1P 3JR
Department for
Environment, Food and Rural Affairs
|
July 2011 |
Annex F:
Example of
a TB Management Agreement
Please
Note: This is a
working draft of an example TB Management Agreement, which will be used if a
policy of badger control is adopted. It is provided for consultation purposes
only.
Page 2 of 13
TB Management Agreement
Date of Agreement: [ ]
Between:
(1) Natural England of 1
East Parade, Sheffield S1 2ET
(2) the Land Holders listed
in Schedule 1
(3) Licence Holder [insert
name and address ]
(4) Secretary of State for
Environment Food and
Rural Affairs
Background
1.1
The purpose of this Agreement, in conjunction with any Licences issued under
the Protection of Badgers Act 1992and the Wildlife and Countryside Act 1981, is
to ensure that an effective cull of badgers can be undertaken to help prevent
the spread of bovine TB. Such a cull is one that delivers a reduction in
confirmed new incidents of TB in cattle within a Control Area comparable to the
average benefit achieved in proactively culled areas of the Randomised Badger
Culling Trial (RBCT), without being detrimental to the survival of the badger
population concerned.
1.2
This Agreement is made by Natural England with the Land Holders listed in
Schedule 1 pursuant to section 7 of the Natural Environment and Rural
Communities Act 2006.
Interpretation
2.1 In this Agreement:
Accessible
Land means the Land to which access is permitted by the Land Holder to carry
out the Annual Intensive Cull pursuant to this Agreement
Annual
Intensive Cull means the killing of no less than the Minimum Cull carried out
on the Land in a single period of six weeks in the Open Season
Control
Area means the land comprising *** km2 (within which the Land is located) more
particularly described in Annex A to the Licence
Defra
means the Department for Environment, Food and Rural Affairs
Disposal
means the disposal of any interest in the Land except by way of mortgage or
charge.
Event
of Default is defined in clause 5
Page 3 of 13
Interest
(in relation to land) includes any estate in land and any right over land
(whether the right is exercisable by virtue of the ownership of an interest in
land or by virtue of a licence or agreement, including sporting rights). It
does not include an interest which arises solely by virtue of a charge or
mortgage, or by virtue of any equitable interest arising under a contract of
sale, unless (in either case) the holder of the interest is in possession of
the land
Land:
means that part of the Control Area which is land specified in Annex A to the
Licence the initial extent of which is more particularly shown on the plan
attached at Schedule 5 (including all buildings, fixtures and fittings on the
Land and all water on, or covering the Land, whether now or at any time after
the date of the Agreement)
Land
Holder means any person listed in Schedule 1 having an interest in the Land and
any person deriving any such interest under or from such a person
Landholding
any of the Land in which a Land Holder has an interest
Licence
means the licence to be granted on completion of this Agreement [PoBA Licence
No. xxxx ], a copy of which is annexed hereto
Licence Holder [insert name
and address ]
Licensed
Activities all those activities authorised by the Licence
Maximum
Number (of badgers) such number of badgers as may be specified by Natural
England in respect of any year during the Licence period as the number of
badgers that may be killed on the Land for that year (including the period
between January 1st and January 31st in the following year)
Minimum
Cull such number of badgers as may be specified by Natural England in respect
of any year during the Licence period
Natural
England includes any body entitled at any future date to exercise all or any of
Natural England’s rights under the Agreement
Open
Season 1 June to 30 November for cage-trapping and shooting badgers; and
1
June to 31 January for shooting free-ranging badgers
Party
any party to this Agreement including persons deriving an interest in any
Landholding under or from a Land Holder
Relevant
Authority means Defra and Natural England or either of them
Secretary
of State Secretary of State for Environment Food and Rural Affairs.
Page 4 of 13
2.2
If any person having an interest in land within the Control Area enters into an
agreement with the Licence Holder (acting on behalf of all the other Parties to
this Agreement) in the form set out in Schedule 4 to this Agreement, that
person shall be treated as being a person listed in Schedule 1, and as a Land
Holder and a Party for the purpose of this Agreement, as from the date on which
that agreement is made with the Licence Holder.
2.3 In this Agreement:
(i) the headings are used
for guidance only;
(ii) any reference to a
person includes a body corporate;
(iii)
any reference to an enactment is a reference to that enactment as amended,
applied or re-enacted from time to time;
(iv) words in the singular
include the plural and vice versa.
Licence holder’s
obligations
3.
The Licence Holder hereby agrees:
(1)
to take and kill badgers on the Land on an annual basis in accordance with this
Agreement and the Licence for a period of no less than 4 years beginning with
the Open Season in 2012 and for such further period (if any) as may be
specified by Natural England from time to time in order to achieve an effective
cull;
(2)
no later than 30th April in 2012 and not later than 30th April in every subsequent
year in each year during the period covered by the licence to submit to Natural
England its written proposals for:
(a)
the date on which operations will begin in the Open Seasons in that year;
(b)
the number of badgers it proposes that Natural England should specify as the
Minimum Cull in that year in order to achieve an effective cull;
(c)
the Maximum Number of badgers;
(3)
to undertake the Annual Intensive Cull on the Land beginning on the date in the
Open Season each year which Natural England has specified;
(4)
in the event that the Minimum Cull is not achieved within 6 weeks after the
date on which the Annual Intensive Cull is begun, to submit to Natural England
as soon as reasonably practicable thereafter written proposals for achieving
that number in that year and to implement those proposals if Natural England
agrees to them, or such other proposals as Natural England may specify for that
purpose, within such period as Natural England may specify;
(5)
if it appears that the area of Accessible Land may be, or may become, less than
70% of the Land within the Control Area, to take all reasonably practicable
steps to increase that area so that it is never less than 70% of the land
within the Control Area including (without prejudice to the generality of the
foregoing) steps to add further parties as Land Holders to this Agreement
pursuant to clause 2.2 above and to obtain all relevant authorities which may
be required to enable culling to occur on their Landholdings (including
applying for Natural England’s agreement under Annex A to the Licence to add
their Landholdings to the land on which action authorised by the Licence may be
undertaken);
Page 5 of 13
(6)
to inform Natural England forthwith if an Event of Default occurs or if the
Licence Holder has reason to believe it is likely to occur;
(7)
to comply with the conditions imposed by the Licence and not to cause or to
permit any non-compliance with them;
(8)
to take the measures listed in Schedule 2 to mitigate the risk of incidence of
TB in cattle on land within 2km of the Land;
(9)
not to exercise any authority granted by the Licence to take or kill badgers
(or to cause or permit it to be exercised) after any such date as Natural
England may specify [if Natural England is of the opinion that –
(a)
an effective cull has been carried out;
(b)
the further taking or killing of badgers would be unlikely to result in an
effective cull or to provide any further material benefit in preventing the
spread (or in reducing the incidence) of bovine TB in the Control Area; or
(c)
the Maximum Number of badgers would be exceeded.
Land holder’s obligations
4.
Each Land Holder hereby agrees (so as to bind any person deriving any interest
in the Land under or from him, her or it):
(1)
to permit the Licence Holder, Natural England [and the Secretary of State],
their representatives, servants or agents and anyone authorised on their behalf
to enter the Landholding at all reasonable times having given reasonable prior
notice to carry out any Licensed Activities, to secure compliance with the
conditions of the Licence, to monitor or do anything permitted or required to
be done by this Agreement or to achieve an effective cull within the Control
Area and in particular (without prejudice to the generality of the forgoing) to
allow access to the Land and activities on it for the following purposes:
(a)
taking from the Land, free of charge, anything required by Natural England [or
the Secretary of State] for the purposes of the exercise of their statutory
powers; and
(b)
placing on the Land anything required by Natural England to facilitate the
exercise of its statutory powers;
(2)
to inform Natural England forthwith in writing if an Event of Default occurs or
if there is reason to believe it is likely to occur;
(3)
not to grant any tenancy of the Land or licence over it without securing that
the person to whom the tenancy or licence is granted has entered into an
agreement in the form set out in Schedule 4, and to take all reasonably
practicable steps to ensure that any other persons who may have or who are
seeking to be granted any rights in relation to the Landholding will enable or
permit conditions of the Licence to be complied with or the obligations of the
Parties to this Agreement to be performed, and, in the case of any person who
is in possession of the Land under a tenancy or licence, to take all reasonably
practicable steps to ensure that any other person to whom, on termination of
that tenancy or licence, a new
Page 6 of 13
tenancy
or licence is to be granted in succession enters into an agreement in the form
set out in Schedule 4;
(4)
to comply with any appropriate measures specified in Schedule 3 hereto;
(5)
to notify the Licence Holder and Natural England as soon as possible of any
disposal of any interest in the land to which a person specified in Schedule 1
is entitled specifying the interest the subject of the disposal and identifying
the person to whom the disposal was made and to give Natural England such
further details thereof as Natural England may reasonably require for the
purpose of this Agreement .
Event of Default
5.1
An Event of Default occurs where:
(a)
a Relevant Authority has notified the Licence Holder that in the opinion of
that authority the Licence Holder is in breach of any of its obligations under
the Licence, and has asked the Licence Holder to remedy the breach, but the
Licence Holder has failed to do so within a reasonable period;
(b)
the Licence Holder fails to comply with clause 3(8) or 3(9);
(c)
any Land Holder refuses to allow access to the Landholding or impedes
activities which the Land Holder is required to permit under this Agreement;
(d)
a Land Holder has provided any false or misleading information to a Relevant
Authority or has made any misrepresentation in relation to the Agreement on
which that authority has relied;
(e)
there is a delay in completing the cull in any year which in the opinion of a
relevant authority is unreasonable;
(f)
the area of Accessible Land comprises less than 70% of the Control Area;
(g)
the Minimum Cull is not attained in any year in which culling is required to be
carried out; or
(h)
the Licence Holder becomes insolvent, bankrupt, enters into liquidation, enters
into a voluntary arrangement, appoints a Receiver in any jurisdiction (and
however described in the law of that jurisdiction) save for the purposes of a
solvent reconstruction or amalgamation [or is dissolved].
5.2
Where there is an Event of Default a Relevant Authority may do all or any of
the following things for the purpose of securing an effective cull or remedying
the breach:
(a)
enter the Land, or authorise third parties to enter the Land; and
(b)
when on the Land carry out any activities or works including:
(i)
surveys and monitoring;
(ii)
trapping and killing; and
(iii)
disposing of badger carcases.
Page 7 of 13
Cost Recovery
6.1
A Relevant Authority shall be entitled to recover from the Licence Holder and
all or any of the Land Holders all costs which it reasonably incurs if it
undertakes any activities in connection with this Agreement as a result of an
Event of Default occurring during the subsistence of the Land Holder’s interest
in the Land, including the costs of carrying out any Licensed Activities that
are required to be permitted under clause 4(1), however carried out, and
whether or not those activities could have been carried out at a lower cost.
6.2
For the avoidance of doubt the Licence Holder and the Land Holders will be
jointly and severally liable for any costs incurred as a result of an Event of
Default.
6.3
Where the land is subject to a tenancy or licence a landlord will not be liable
in respect of any costs resulting from an Event of Default occurring after the
grant of a tenancy (or licence) unless the tenancy (or licence) is granted by
the landlord after the date of this Agreement and the landlord, being also the
Land Holder for the purposes of this Agreement, has failed to ensure that the
tenant (or licensee) becomes a party to the Agreement in accordance with clause
4(3). For the avoidance of doubt the landlord will not be required to comply
with the requirements of clause 4(3) in the case of a tenancy under the
Agricultural Holdings Act 1986 granted by virtue of a direction of the
agricultural lands tribunal and deemed to be granted by the landlord under
section 45(1) or 55(1) of that Act.
Liability and indemnity
7.
The Licence Holder and the Land Holders shall be jointly and severally liable
for all claims relating to any cull authorised by the Licence or conducted
pursuant to this Agreement howsoever arising, and shall fully indemnify any
Relevant Authority and keep it indemnified against all claims, proceedings,
actions, damages, legal costs, expenses and any other liabilities whatsoever
arising out of or in connection with the Licence or this Agreement, including
any costs mentioned in clause 6.1.
Information
8.1
A Relevant Authority may disclose to the public any information about the
Agreement to the extent necessary to enable that authority to comply with its
statutory obligations under the Freedom of Information Act 2000 and/or the
Environmental Information Regulations 2004.
8.2
The Relevant Authority acknowledges that any statutory and other constraints on
the exchange of information will be fully respected, including the requirements
of the Data Protection Act 1998 and the Human Rights Act 1998.
Notices
9.1
Any notice or other communication required to be given under this Agreement
shall be in writing and shall be delivered personally, or sent by pre-paid
first-class post or recorded delivery or by commercial courier, to each Party
required to receive the notice or communication at the addresses set out below
or in Schedule 1 or as otherwise specified by notice in writing to each other
Party:
Page 8 of 13
Natural England: [insert
address details]
Defra: [insert address
details]
Licence Holder: [insert
address details]
9.2
Any notice or other communication shall be deemed to have been duly received:
(a)
if delivered personally, the day it is delivered;
(b)
if sent by pre-paid first-class post or recorded delivery, at 11.00 am on the
second Business Day after posting; or
(c)
if delivered by commercial courier, on the date and at the time that the
courier's delivery receipt is signed.
9.3
A notice or other communication required to be given under this Agreement shall
not be valid if sent by e-mail.
9.4
The provisions of this clause shall not apply to the service of any proceedings
or other documents in any legal action.
Third Party Contracts
10.
It is not intended that any third party should have the right to enforce a
provision of this Agreement solely by virtue of the Contracts (Rights of Third
Parties) Act 1999.
Entire Agreement
11.
This Agreement and any documents referred to in it constitute the whole
agreement between the Parties and supersede any previous arrangement,
understanding or agreement to which all the Parties are a party relating to the
subject matter of this Agreement.
Scope of Agreement
12.
Nothing in the Agreement is intended to, or shall be deemed to, constitute a
partnership or joint venture of any kind between the parties.
Jurisdiction
13.
This Agreement shall be governed by and construed in accordance with the laws
of England and Wales.
Authority to sign
14.
The Licence Holder and the Land Holders confirm to Natural England that they
have full power to enter into the Agreement on the terms set out in it and
without needing to obtain anyone else’s consent before the date of the
Agreement.
Page 9 of 13
Signed as below:
[Insert signature provisions]
Page 10 of 13
SCHEDULE 1
Details of Land Holders and their interest in the Land
Land Holders details: [Insert name, address, and business
name]
Land Holder’s [ ] Freehold ownership
Interest in the [ ] Tenancy (Lease)
Land [ ] Contractual Licence
[ ] Common Land Rights
[ ] Other (please specify):
Remaining term of Lease or
Contractual Licence from
Agreement start date
(if applicable) [
Land Holders details: [Insert name, address, and business
name]
Land Holder’s [ ] Freehold ownership
Interest in the [ ] Tenancy (Lease)
Land [ ] Contractual Licence
[ ] Common Land Rights
[ ] Other (please specify):
Remaining term of Lease or
Contractual Licence from
Agreement start date
(if applicable)
Page 11 of 13
SCHEDULE 2:
Measures to mitigate the risk of TB
in cattle on land within 2km of the land
[Information specific to each licence to be inserted]
SCHEDULE 3:
Relevant disease control and testing
and biosecurity measures
[Information specific to each licence to be inserted]
SCHEDULE 4
TB Management Agreement: Additional
Party
Date of Agreement:
Whereas:
(1) on *** day of *** 201*, a TB Management Agreement was
made between Natural England, the Secretary of State for Environment Food and
Rural Affairs, the Land Holders listed in Schedule 1 to that Agreement and
[*****] (referred to therein as the Licence Holder)
(2) in accordance with Clause 2.2 of that Agreement any
person having an interest in land within the Control Area (as defined in that
Agreement) who enters into an agreement with the Licence Holder (acting on
behalf of all the other Parties to that Agreement) in this form, is to be
treated as being a person listed in Schedule 1 to that Agreement, and as a Land
Holder and as a Party for the purpose of it, as from the date on which this
agreement is made with the Licence Holder.
[Name / address] (who has an interest in the land specified
in the Annex and shown on the plan also annexed hereto within the Control Area)
and the Licence Holder (acting on behalf of all the other Parties to the TB
Management Agreement) hereby agree that:
[Name] may and shall be treated as being a person listed in
Schedule 1 to that Agreement, and as a Land Holder and as a Party for the
purpose of it, as from the date of this agreement and shall accordingly be
subject to the obligations, and entitled to the rights, of such a person under
the TB Management Agreement.
Signed:
Page 12 of 13
on behalf of the Licensee
on behalf of [name]
Annex:
[description of the nature and extent of the interest in
land]
Page 13 of 13
|
© Crown copyright |
2011 |
You may re-use this information (not including logos) free
of charge in any format or medium, under the terms of the Open Government
Licence. To view this licence, visit www.nationalarchives.gov.uk/doc/open-government-licence/
or write to the Information Policy Team, The National Archives, Kew, London
TW9 4DU, or e-mail: psi@nationalarchives.gsi.gov.uk
This document/publication is also available on our website
at:
|
www.defra.gov.uk |
Any enquiries regarding this document/publication should be
sent to us at:
tbbc@defra.gsi.gov.uk or
TBBC
Defra
17 Smith Square
London
SW1P 3JR
www.defra.gov.uk
Annex G:
Draft Best Practice Guidance:
Controlled shooting in the field, and
cage-trapping & despatch of badgers, under licence to prevent the spread of
bTB in cattle
July 2011
Please Note: This is a working draft of guidance, which will be revised and issued if a policy of badger control is adopted.
|
© Crown copyright |
2011 |
You may re-use
this information (not including logos) free of charge in any format or medium,
under the terms of the Open Government Licence. To view this licence, visit
www.nationalarchives.gov.uk/doc/open-government-licence/ or write to the
Information Policy Team, The National Archives, Kew, London TW9 4DU, or e-mail:
psi@nationalarchives.gsi.gov.uk
This
document/publication is also available on our website at:
|
www.defra.gov.uk |
Any enquiries
regarding this document/publication should be sent to us at:
tbbc@defra.gsi.gov.uk
or
TBBC
Defra
17 Smith Square
London
SW1P 3JR
|
PB |
13602a |
Department for
Environment, Food and Rural Affairs
Contents
Draft Best Practice Guidance: Controlled Shooting ..................................................................... 1
Overview of guidance ............................................................................................................... 1
Legal
protection for badgers
.....................................................................................................
1
Humaneness
Standards
...........................................................................................................
2
Requirements
and Constraints
.................................................................................................
2
Competence ......................................................................................................................... 2
Weapons and
Ammunition
....................................................................................................
2
Firearms and
Shotgun Certificates
.......................................................................................
3
Use of dogs
above ground
....................................................................................................
4
Use of dogs
below ground
....................................................................................................
4
Sett
Interference:
..................................................................................................................
4
Licensed
Persons
.................................................................................................................
5
Planning
..................................................................................................................................
5
Police liaison
.........................................................................................................................
5
Public safety
.........................................................................................................................
5
Shooting
strategy
..................................................................................................................
5
Shooting
..................................................................................................................................
6
Badgers’ senses
...................................................................................................................
6
Seasons ...............................................................................................................................
6
Shooting
methods
.................................................................................................................
7
Shooting with
the aid of an artificial light/ lamp/ spotlight
...................................................... 7
Use of a
mechanically propelled vehicle
...............................................................................
7
Use of artificial
light
...............................................................................................................
7
Site Selection
........................................................................................................................
8
Shot placement
.....................................................................................................................
9
Shot placement
from a high-seat:
.......................................................................................
11
Humane Shooting
...............................................................................................................
12
Shooting at
bait points
........................................................................................................
12
Shooting
badgers in groups
................................................................................................
14
Following up a
Shot
............................................................................................................
14
Using dogs to
locate badgers believed to be injured
.......................................................... 14
Confirmation of
death..........................................................................................................
15
Carcase
Handling, Removal, Storage and Collection
......................................................... 16
Handling of
Despatched Badgers
.......................................................................................
16
Regulations
.........................................................................................................................
16
Department for
Environment, Food and Rural Affairs
Carcase bagging
.................................................................................................................
17
Other issues
...........................................................................................................................
19
Monitoring of
sett activity and closure of inactive setts
....................................................... 19
Health and
Safety
...............................................................................................................
20
Record keeping
...................................................................................................................
20
Draft Best Practice Guidance: Cage-trapping and despatch
...................................................... 21
Overview of
guidance .............................................................................................................
21
Legal
protection for badgers
...................................................................................................
21
Requirements
& Constraints ...................................................................................................
22
Competence
.......................................................................................................................
22
Weapons and
Ammunition ..................................................................................................
22
Shotgun
Certificates............................................................................................................
22
Sett
Interference .................................................................................................................
23
Licenced
Persons
...............................................................................................................
23
Planning
................................................................................................................................
24
Police liaison
.......................................................................................................................
24
Public safety
.......................................................................................................................
24
Trapping
strategy
................................................................................................................
24
Cage-trapping
procedure
........................................................................................................
25
Seasons
..............................................................................................................................
25
Equipment
...........................................................................................................................
25
Pre-trapping
survey.............................................................................................................
26
Site selection
......................................................................................................................
26
Trap placement ...................................................................................................................
26
Pre-baiting
..........................................................................................................................
28
Setting of
traps ....................................................................................................................
28
Checking traps
....................................................................................................................
31
Non-target captures
............................................................................................................
32
Shooting of
captive badgers
...............................................................................................
32
Operator Safety
..................................................................................................................
32
Frangible
Ammunition and Shotguns
..................................................................................
33
Situation of
Shooting
...........................................................................................................
33
Preparation for
Shooting
.....................................................................................................
34
Shot placement
...................................................................................................................
35
Confirmation of
death..........................................................................................................
37
Humaneness
standards
......................................................................................................
38
Department for
Environment, Food and Rural Affairs
Carcase
handling, removal, storage and collection ................................................................
39
Handling of
Despatched Badgers
.......................................................................................
39
Regulations
.........................................................................................................................
39
Carcase bagging
.................................................................................................................
40
Storage
...............................................................................................................................
41
Collection
............................................................................................................................
41
Incineration
.........................................................................................................................
41
Risks of
infection
.................................................................................................................
41
Cleansing &
disinfection of
Equipment................................................................................
42
Other waste
........................................................................................................................
42
Other issues ...........................................................................................................................
42
Monitoring of
sett activity and closure of inactive setts
....................................................... 42
Health and
Safety
...............................................................................................................
43
Record keeping
...................................................................................................................
43
Annex 1:
summary of overall procedure
.................................................................................
45
Annex 2:
Summary of dealing with animals caught
................................................................ 46
Department for
Environment, Food and Rural Affairs 1
Draft Best Practice Guidance: Controlled Shooting
|
Relating to |
Licences
granted under the Protection of Badgers Act 1992 and the Wildlife and
Countryside Act 1981. |
|
Date of
guidance |
July 2011 |
|
Valid in |
England |
|
Who for |
Persons
authorised to kill or take badgers by a specific licence under the Protection
of Badgers Act 19921 and acting in accordance with that licence and the
relevant Wildlife and Countryside Act Class Licence |
|
Relevant
Class Licence |
WML-CL05 Use
of artificial light for shooting badgers at night |
Overview of guidance
This Best Practice Guidance describes best practice for the controlled shooting of badgers in the field and the associated use of artificial light (e.g. lamping). Compliance with this guidance will normally be a condition of a licence issued for the killing of badgers by this means to prevent the spread of bovine TB. Actions described in this guidance may only be undertaken where a specific licence under the Protection of Badgers Act 1992 authorising the killing of badgers has been issued AND in accordance with Class Licence WML-CL05 covering these methods. This guidance does NOT confer any authority to undertake the actions described. Those acting under licence must ensure that all licence conditions are complied with and must take all reasonable steps to ensure that the licensed operations are carried out safely and humanely. This document does not cover planning and carrying out an effective badger control operation over the whole of a (proposed) licence area; this should be dealt with in the application Badger Control Plan.
Legal protection for badgers
Badgers and their setts are protected under the Protection of
Badgers Act 1992 (POBA) and certain methods of killing or taking them,
including the use of artificial light or any device for illuminating a target
(e.g. a spotlight), or sighting devices for night shooting and certain use of
vehicles are prohibited under the Wildlife and Countryside Act 1981(WCA) . As
well as a licence under the Protection of Badgers Act, shooting using any of
the above methods must be carried out in compliance with the conditions of the
relevant ‘prohibited methods’ Class Licence ( WML-CL05) issued by Natural
England under the Wildlife and Countryside Act 1981.
1 Where the conditions of a licence granted under the
Protection of Badgers Act 1992 or Wildlife and Country side Act 1981 to kill or
take badgers are at variance with the guidance presented in this document then
the conditions of that licence take precedence.
Department for
Environment, Food and Rural Affairs 2
A person guilty of an offence under the Protection of Badgers
Act 1992 or the Wildlife and Countryside Act 1981 may be liable on summary
conviction to imprisonment or a fine, or both.
Humaneness Standards
Controlled shooting is considered to be a humane method for
culling badgers. This culling method is permitted for use under licence in the
Protection of Badgers Act 1992. To ensure a high level of humaneness licence
holders must ensure that all reasonable measures are taken to ensure this
method is applied to a high standard. These measures include the adherence to
these best practice guidelines, meeting the required competence and complying
with licence conditions and monitoring.
Operators must never feel rushed into taking a shot. The key
consideration is for an accurate and humane shot.
Requirements and Constraints
Competence
Licence holders must take all reasonable precautions to avoid
wounding badgers and must have full regard for safety considerations. The
circumstances in which the use of shotguns is appropriate in this context is
restricted because of their limited power and range. The level of competence in
rifle marksmanship required in this context is considered to be equivalent to
that for the Deer Stalking Certificate Level 1 qualification. Anyone carrying
out the actual shooting of badgers under licence (rather than just assisting
e.g. by holding a spotlight) will be required to demonstrate an appropriate
level of marksmanship, through appropriate training. In addition, all persons
shooting badgers under licence must have received Defra approved training on
the humane shooting of badgers.
Weapons and
Ammunition
Badgers must only be shot within the terms of an appropriate
licence using firearms and ammunition that comply with the Protection of
Badgers Act 1992.
The type of firearm/ammunition permitted under licence is
likely to be limited to the following:
Department for
Environment, Food and Rural Affairs 3
•
Rifles: a
minimum of .22 centre-fire calibre, with minimum bullet weight of 50 grains and
minimum muzzle energy of 1000 footpounds.
•
Shotguns: 12
bore only, using a cartridge loaded with BB or AAA shot.
Note, the provisions of the Act potentially allow the use of
some .22 rim-fire cartridges or .22 rim-fire magnum, but these are not
considered powerful enough to ensure a humane kill and will not be licensed. In
addition, because of the limited power and range of shotguns, they are only
likely to be permitted for shooting at very close range – no more than 20
metres maximum – when shooting over a bait point from a fixed shooting
position, such as a high seat.
The use of an automatic or semi-automatic weapon (i.e. one
with a magazine capable of holding more than two rounds (cartridges/bullets))
is prohibited under the Wildlife and Countryside Act 1981 and will not
ordinarily be licensed for culling of badgers. The use of artificial light in
the course of shooting badgers at night must comply with the relevant Class
Licence issued by Natural England.
Use of sound moderators does not need a licence under the
Wildlife and Countryside Act 1981 or Protection of Badgers Act 1991, but their
use with Section 1 firearms ( e.g. centre-fire rifles) must be covered by the
user’s Firearms Certificate [S.1 Firearms Act 1968].
Firearms and
Shotgun Certificates
A person shooting badgers under licence must be in possession
of a current Shotgun or Firearms Certificate (appropriate to the weapon he or
she is using) and have authority to shoot on the land where the shooting is
taking place. In the case of Firearms Certificates, these must recognise
specifically that badgers are to be shot or include wording that the Police
have confirmed to Natural England includes the shooting of badgers (for
example, badgers are not considered to be covered by the term “vermin”).
Applications for the necessary amendment to Firearms Certificates must be made
to the Police and they may require to see a copy of the relevant Protection of
Badgers Act licence before making such an amendment. Any queries on firearms
should be directed to the local Police Firearms Enquiry Officer in the first
instance. The Police may wish to inspect the land involved.
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Use of dogs
above ground
The wilful taking or killing of badgers (or attempting to
kill or take) by any method is prohibited under the Protection of Badgers Act
1992, unless in accordance with a licence. The use of dogs to hunt uninjured
badgers is considered to be part of ‘wilful taking/killing’, so prohibited, and
will not be licensed. It is also prohibited by the Hunting Act 2004, unless
within one of the Act’s (limited) exemptions.
The use of a trained dog to follow a scent trail, with the
aim of locating (without physically coming into contact with) an injured
badger, does not require a licence and can be carried out under an exemption
provided in the Hunting Act 2004. Any dog used in this way should be kept under
close control on a leash when following a trail and, if shooting from or near a
vehicle, should be kept in the vehicle unless actually being used to locate an
injured badger. Normally only a single dog should be used for this purpose (the
exemption under the Hunting Act does not permit the use of more than two dogs.
Use of a dog-muzzle should be considered).
Use of dogs
below ground
Dogs must not be used in flushing or driving badgers from
setts. Unless licensed, causing a dog to enter a badger sett is an offence.
There is a presumption against licensing dogs to enter setts, it is therefore
highly unlikely to be licensed to prevent the spread of bTB.
Sett
Interference:
The Protection of Badgers Act 1992 prohibits interference
with a badger sett. A licence to take or kill badgers, unless specified in the
licence, does not permit interference with a badger sett. The Protection of
Badgers Act defines a badger sett as “any structure or place which displays
signs indicating current use by a badger”. Interference includes damaging a
badger sett or any part of it, destroying a sett, obstructing access to a sett,
causing a dog to enter a sett, or disturbing a badger when it is occupying a
sett.
The placing of small twigs or straw in sett entrances in
order to record animals passing in or out of the sett can be a useful technique
for monitoring sett activity. As long as the materials are lightly placed, and
do not obstruct the access of badgers to or from the sett, this does not
require a licence. In addition, a small amount of sand can be placed on the
ground at the sett entrance to detect paw prints, assuming suitable weather
conditions (heavy rain can wash the prints/sand away, very dry sand does not
hold the print shape).
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Licensed
Persons
A licence under the Protection of Badgers Act to kill or take
a badger permits only the person(s) named on the licence to carry out the
authorised actions or, in the case of a company, an officer or employee of the
company; the work cannot be delegated to a third party. Companies can act only
through their agents, i.e. employees or officers. Persons carrying out actions
solely to assist those doing the actual killing/ taking, such as operating a
spotlight in the course of night shooting but not actually shooting, will need
to be covered by a Wildlife and Countryside Act licence (prohibited method) but
not a Protection of Badgers Act licence, providing the person they are
assisting is acting lawfully under a POBA licence.
When applying for licences, consideration needs to be given
to which person(s) will be carrying out each activity.
A minimum of 2 people should be involved in night shooting
for health and safety reasons and, if using a spotlight, so that one can
operate the spotlight leaving the other free to concentrate on shooting and the
safe handling of the firearm.
Planning
Police liaison
Prior to any control operations it is advisable to inform the
local police of dates, times and areas where control will take place. Different
police areas may require different information so it is important to check
exactly what information is expected. The local police office should be the
first port of call.
Public safety
The advance planning and conduct of badger control must take
full account of the need to avoid risks to public safety.
Shooting
strategy
Shooting must be carried out only as part of a coordinated
strategy. More information on this is provided in the Badger Control Plan
guidance note. The aim of the control in the first year/season of the licence
must be to reduce badger densities (numbers per area) significantly over a
short period of time (6 weeks). Culling in subsequent years of the licence must
also be
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carried out over a short period each year (6 weeks) and must
aim to keep badger densities at the appropriate level for the duration of the
licence, without causing local disappearance. This should be planned for when
deciding the number of shooters needed and the personnel to assist them. For
safety reasons shooters will need to be in close communication so they know
where each is operating at any given time.
If shooting is to be used as a primary culling method to
significantly reduce the badger population over a specific time period, then
thought must be given to when this will be possible. For instance it may be
that crop/vegetation height in the summer months will limit shooting
opportunities to such an extent that achieving a significant population
reduction in the time period (6 weeks) is unlikely at that time of year. If so
either alternative control by cage-trapping should be considered or the
controlled shooting of badgers in the field should be planned for another time
of year (but not during the close-season).
As well as planning how the work will be carried out if all
goes as anticipated, planning must include contingency plans to mitigate the
effects of events which may confound the work, for example bad weather,
interference from people opposed to culling, lower than expected numbers of
badgers being shot and key people being ill/unavailable.
Shooting
The aim is to ensure that the target animal (badger) is
killed humanely and that the technique is safe for the operators, the public
and any non-target animals in the vicinity e.g. livestock.
Badgers’ senses
Badgers’ main sense is smell and hearing is also important,
so the wind direction relative to the badger and shooter will need to be
considered. Sight is less important, especially at the times of day when many
badgers will be encountered (i.e dusk/dawn/night), but movement is readily
detected and silhouettes against a skyline are likely to stand out.
Seasons
No controlled shooting will be permitted from 1st February to
31st May, inclusive. This is to avoid the possibility of leaving dependent cubs
underground to starve as a result of nursing
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females being culled. However, even periods during which
culling is permitted, where an operator has reason to suspect that an animal
may be a lactating sow with dependent cubs, then the animal must not be shot.
Shooting
methods
Two main methods of shooting are likely to be employed;
searching over an area with a spotlight and rifle, where animals may be
encountered at various locations and at varying ranges, and shooting over a
fixed bait point with a shotgun or a rifle. In practice operators may choose to
combine these methods to a greater or lesser extent. Shotguns must only be used
when shooting over a fixed bait point at close range (see below).
Shooting with
the aid of an artificial light/ lamp/ spotlight
Shooting at night with the aid of a visible light requires a
team of two or three people; the shooter, a spotlight operator, and potentially
a third person to drive the vehicle, if used, and to act as an additional
safety ‘lookout’. Persons solely assisting the person shooting, e.g. by using a
spotlight to illuminate the target, need to be covered by an appropriate
Wildlife & Countryside Act licence, but not a Protection of Badgers Act
licence, as long as the person they are assisting is covered by an appropriate
Protection of Badgers Act licence and is acting lawfully.
Use of a mechanically propelled vehicle (e.g. quad bike,
pick-up etc)
The use of a vehicle as transport to, or around, a site does
not need a licence. However, the use of a mechanically propelled vehicle in
immediate pursuit of a badger is prohibited under the Wildlife &
Countryside Act. ‘Immediate pursuit’ is not defined in the Act but NE/Defra
take the view that using a vehicle to help search for badgers or as a
stationary shooting platform would not need a licence.
Use of
artificial light
There are inherent difficulties in shooting badgers from a
distance, particularly since the animals are largely nocturnal and shooting is
likely to be carried out in limited light conditions at dusk or at night. This
is likely to mean that most shooting will need to be carried out using a
spotlight. The person shooting must be able to accurately identify the target
and confidently locate the heart-lung target area on the badger’s body.
Identification of a target by eye-shine alone is
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not acceptable. The shooter must have a clear view, so as to
make a clean and lethal shot, and be certain of the safety of taking the shot.
Coloured filters (e.g. red) are available to modify spotlights and may reduce a
target animal’s awareness, and so allow a closer approach or more time to take
a shot, but they also reduce the amount of light visible to the shooter.
Image intensifying (‘night sights’) or infra-red sighting
devices used as sights on a rifle are prohibited under the Wildlife and
Countryside Act and there is a presumption against them being licensed for this
type of shooting because of safety considerations. An image intensifier may be
useful, however, for scanning and spotting animals prior to shooting with a
lamp, to reduce the disturbance from use of the spotlight. Searching for
badgers with night-sights immediately prior to attempting to or actually
killing them is likely to need a licence.
Site Selection
Since shooting will normally occur at dusk or at night, the
shooting team must be familiar with the terrain, having made visits during
daylight hours to study the area, to carry out a risk assessment, and to
identify safe and unsafe shooting locations. Shooting must take place only on
land covered by the licence. Care must be taken, in selecting sites for
shooting, to avoid any risk to non-target species including domestic animals
and livestock, and to avoid shooting if there is any risk of accidental injury
to humans e.g. near rights of ways, near boundaries with third parties, on the
edge of villages and near to rural dwellings. An obvious place to select is in
the vicinity of a sett, where emergence may be at predictable times, but
badgers should not be shot too close to sett entrances. The shooter must ensure
that any badger to be shot is far enough away from a sett entrance, or other
cover, to allow for a follow-up shot in the event of the animal not having been
killed by the first shot, so avoiding any opportunity for a wounded badger to
retreat back into the sett. For this reason badgers must only be shot when they
are at least 30m away from the nearest sett. To reduce this risk, animals may
be attracted to areas clear of vegetation away from sett entrances using
suitable bait (see ‘Shooting at bait points’ – below).
The shooter must be certain of a safe backstop and ensure the
absence of any person or animal which might sustain injury should the
bullet/shot miss, pass through the target animal, or ricochet. A stationary
vehicle may make an appropriate ‘hide’ or raised platform.
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Badgers may be encountered, away from the sett, feeding in or
crossing fields, but shooting in such circumstances must be limited to where
there are no concerns over safety and where the shooter is confident of a clean
and lethal shot. Binoculars and image intensifiers can be used to help locate
and identify potential target animals. For safety reasons the telescopic sights
on the rifle must not be used to scan the area or check the identity of a
potential target – a firearm should never be pointed at anything until it has
been positively identified as a legitimate target.
Shot placement
As badgers present relatively low targets, particularly if
walking in “tram-lines” or wheelings, or in well worn badger runs, any shot
must be taken from close enough for the shooter to ensure that the target
animal will be killed humanely. A well-placed shot from within range should
prove to be overwhelming and result in a rapid death.
The correct target area for shooting badgers in the field
(not in cage-traps) is the heart/lung area of the chest. The badger’s neck and
shoulder areas are extremely well-muscled and, when building up body weight
during the late summer and autumn, a substantial layer of sub-cutaneous fat
develops over the body. The badger’s anatomy differs significantly from that of
deer or foxes, and the badger’s rib-cage is located appreciably further back
than might be anticipated by those used to shooting these species. The “dip” in
the badger’s back, behind the shoulders, provides the best guide to the target
area, containing heart and lungs, which lies below and slightly posterior to
this (Fig.1).
Figure 2: Badger in walking posture. Even if the animal is
only at a slight angle to the shooter the forelimb can obscure a large part of
the target area.
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Because
of the slant of the shoulder blades, the elbow travels somewhat further
backwards than in foxes and deer, and consequently when the fore-leg is in the
vertical position, the heart/lung area will be temporarily obscured by a
robustly bony limb (Fig. 2). The heavy fringe of fur on the foreleg may further
confound identification of the precise point of aim. The angle of the badger
relative to the shooter will alter the effective size and position of the
target area on the surface of the animal. The further the animal is from a full
broadside view the smaller the target area will appear and the less certain
accurate shot placement becomes (see Fig. 2). Shots must only be taken when the
animal is stationary and when the target area is clearly visible and the animal
more or less broadside on, so the shooter is confident of an accurate and
humane shot.
The head of an otherwise stationary animal may be moving, or
moved without warning. It is the part of the body most likely to be moved first
if the animal becomes aware of any potential danger, or periodically when
checking its surroundings. Because of the potential for a free-ranging badger
to move its head without warning, a head shot presents an unacceptable risk of
wounding and must not be attempted. In addition, the neck of the badger is long
and the bony processes of the vertebrae are short, so the neck presents a
target line only about 2.5cm (1 inch) thick. The risk of non-fatal injury
therefore makes a neck shot unacceptable in any circumstances.
Shot placement
from a high-seat:
Erection
and use of high-seats should comply with the relevant health and safety
requirements (which are outside the scope of this document). High-seats must
provide a stable platform from which to shoot and when climbing up to or down
from the seat firearms must not be loaded. The Deer Initiative Best Practice
Guides have more information.
Shooting at
close range from a high seat has the advantage of revealing the relative
broadness of the badger's chest, so increasing the opportunity for a
well-placed shot to strike the heart and other vital organs within the chest.
Figures
1&2 should be referred to, noting the dip in the back and position of
shoulders as reference points. Account needs to be taken of the angle of entry
of the shot/bullet, but orientation of the badger relative to the shooter may
be less important if the animal is close to the high-seat as the shot/bullet
will be entering from above rather than from the side.
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Humane Shooting
Before carrying out any shooting the shooter must ensure the
accuracy of the weapon to be used and that his own level of marksmanship is of
a sufficient standard for the situation in which the firearm will be used (in
all cases only those who pass the Defra approved competency course will be
licensed, but above and beyond that individuals will need to ensure that they
operate within their own limits). In the case of rifles fitted with telescopic
sights, these must be checked to ensure that they are accurately ‘zeroed’ for
the ranges at which shooting is likely to take place.
Rifles: A skilled marksman using a centre-fire rifle (NOT a
rim-fire rifle), and using a bullet of a type designed to expand or deform on
impact, should, in reasonable field conditions, be confident of a clean kill up
to a range of 50 to 70 metres. Shots must only be taken from a distance and
position at which the shooter is confident of hitting the target area.
Expanding bullets are designed to distort on striking tissue and, on hitting
the rib-cage, should cause immediate extensive destruction of the heart and
lung tissue. Death would be expected to follow rapidly.
Operators must never feel rushed into taking a shot. The key consideration is for an accurate and humane shot. If in doubt wait for another opportunity, do not shoot.
Remember that allowing a badger to walk away is always an
option and should be considered a reasonable outcome if there are any reasons
as to why that badger might not be able to be humanely killed at that
particular time.
Shotguns: Shotguns are only suitable for use at very short
range. The shooting distance when a shotgun is used must not exceed 20 metres
and where possible should be within 10 metres. Shotguns (12 bore only) should
be used with cartridges loaded with BB or AAA shot. Competent use of such
cartridges, at short range, should lead to a rapid kill.
Shooting at
bait points
Badgers will learn to take bait from regularly placed bait
points, using bait such as peanuts, or peanuts mixed with treacle, and this
presents a potential means of attracting animals to a safe shooting location
where shooting effort can be directed with a reasonable degree of
predictability and likelihood of success. Bait take, and predictability of
badgers coming to the bait point, are likely to be maximised if bait points are
located near to active setts and close to well-used runs. However, to ensure
that a second shot can be taken if necessary, bait points
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must be more than 30 metres from the nearest sett and must be
far enough from protective cover to avoid the risk of a wounded badger being
lost.
Bait points should be chosen to ensure a safe shooting
location, with no livestock or where livestock can be excluded, and away from
any rights of way, boundaries with third parties, edges of villages or rural
dwellings. A high seat, or other suitable shooting platform should be used –
this can include a hillside or stationary vehicle but must ensure a safe line
of fire is maintained. A raised location can help to carry scent from the
shooter, which may deter the badgers, away from the location. The high seat
should be positioned, according to the prevailing wind direction, downwind from
the bait point and any nearby setts, but ideally in a position so that a
wounded badger running back to the sett will still pass within range of the
shooter – a retreating badger, running directly away from the shooter, is
unlikely to provide an opportunity for humane despatch by a second shot and may
quickly get out of range of the weapon being used.
Bait points should be pre-baited for a period of time before
any shooting takes place. Depending on how quickly the badgers find the bait,
this may take up to a week, or more – it is probably best to allow ample time
for this to ensure that the majority of animals in the location are used to
feeding on the bait, before doing any shooting. It may also be advantageous to
have several separate bait piles, far enough apart to allow several badgers to
feed at a time.
Appropriate rifles may be used for shooting over bait points,
as for controlled shooting. In this case, a sound moderator is likely to be a
particular advantage, because of the expectation that shooting will take place
at the same location on repeated occasions. Where rifles, fitted with
telescopic sights, are used at close range, it is important to ensure that the
point of aim is corrected to allow for the difference in elevation between the
rifle barrel and the sights – the zeroing of the rifle and sights must be
checked beforehand for the ranges that will be shot over.
Shooting over bait points is the only method for which
shotguns may be used. Due to the very low impact energy of individual shot and
unpredictable pattern of shot at a distance, shotguns must only be used at
close range. This means being within 20m and if possible within 10m of the
badger when taking the shot. The use of shotguns will therefore be limited to
shooting from a high seat/shooting platform over a bait point at distances of
no more than 20 metres.
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Shooting
badgers in groups
Badgers are more likely to be encountered in groups where a
bait station has been established, but these principles apply to any situation
where more than a single badger is encountered. If a badger is present when
another badger is shot it is reasonable to assume it will become instantly wary
of that area and of any other factors it associates with that situation (e.g.
lights, noise). In the long run this may well make culling badgers more
difficult. It is therefore not recommended to shoot any badger that is with
other badgers.
Following up a
Shot
The aim must always be to kill the animal quickly with the
first shot. If the shooter is not confident of doing so the shot must not be
taken. Nevertheless, the shooter should consider the possibility of needing to
take a second shot and be prepared to do so. This includes choosing the situation
in which to take a shot, such as avoiding areas where a wounded badger might
quickly gain access to a sett, dense cover, or land where the shooter does not
have permission to shoot. The shooter should ensure that, if there is any
indication that a badger may not have been killed instantly, there is the
capacity to fire a follow-up shot. If in doubt, a second shot should be taken.
It may be advisable to leave a fallen animal, which is assumed to have been
fatally shot, for a couple of minutes (but never more than 5 minutes) before
making an approach; the rapid approach of a human may spur a fatally wounded
animal to take flight and find refuge somewhere inaccessible. When approaching,
the shooter should do so from downwind and from behind the badger, stopping
periodically to check (with binoculars) for signs of life. Until death of the
animal can be confirmed, the shooter must be prepared to take a further shot if
necessary.
Using dogs to
locate badgers believed to be injured
As the aim must always be to kill with the first shot, the
need to use dogs to locate badgers believed to be injured is expected to be
exceptional. See section above on ‘Use of dogs above ground’.
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Confirmation of
death
After shooting a badger, regardless of first impressions
(unless it is obviously still alive), an assessment should be made as to
whether it has been successfully killed. Signs that should be checked for
include:
●
correct shot
placement (i.e. entry hole is in the target area / chest);
●
absence of
rhythmic breathing (i.e. no chest movement / rise and fall);
●
absence of eye
movement / blinking reflex;
●
eye wide open
and the pupil dilated;
●
absence of large
muscle spasms (i.e. muscular movement / reflex).
The animal should be touched with a blunt instrument
following the above checks to test for any reaction. A final check to confirm
the absence of life should be made by touching the eye and assessing for a
blink reflex (a small stick or similar should be used to guard against being
bitten should the apparently dead animal not actually be dead). Disposable
gloves should be worn when handling the animal.
As the aim is for a rapid death, checks for signs of death
must be made as soon as practicable, but it is advisable to leave a fallen
animal a couple of minutes (but not more than 5 minutes) after the shot has
been taken before approaching.
After the animal has been confirmed dead the firearm should
be made safe.
Involuntary muscle spasms affecting the limb and body muscles
can occur within a minute of a shot through or near the brainstem and are
consistent with a correctly placed shot. These convulsions generally last for
no more than 1 - 2 minutes and animals remain unconscious throughout. Absence
of convulsions does not mean that the shot was unsuccessful. Final checks for a
successful kill should not be made until any convulsions have ended.
A final check for signs of life must be made at least 3 minutes
after the final shot to that animal and before the animal is bagged up. Only
once the animal is confirmed dead and all visible movement/reaction and the
animal’s heartbeat has ceased, should the animal be bagged (see carcase
disposal below).
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Carcase
Handling, Removal, Storage and Collection
Badger carcases
will not routinely be collected for post-mortem examination or disease
analysis, but some may be required for monitoring purposes.
In handling
carcases, particular attention should be paid to health and safety issues to
avoid possible aerosol transmission of bacteria and other potential hazards
such as ticks or other parasites.
Handling of
Despatched Badgers
Operators do not need a licence to handle dead badgers as
long as they have been taken and killed lawfully.
Operator safety: badger carcases and any material from them
(urine/ faeces/ blood etc) may contain TB and provide a source of infection.
Operators must take appropriate action to minimise the chances of spreading
this material around and infecting themselves, colleagues or the area in which
they are working. Appropriate protection should be worn (e.g. gloves, mask,
overalls, washable boots).
Regulations
The EU’s Animal By-Products Regulation 1069/2009 lays down
health rules concerning animal by-products (ABPs). The regime divides ABPs into
three categories, according to the degree of risk which they pose, and
specifies the permitted treatment or disposal routes for each category. Wild
animals normally fall outside the scope of the Regulation, but when they are,
“suspected of being infected with diseases communicable to humans or animals,”
they fall within the list of Category 1 materials (Article 4(1)(v)). bTB is a
zoonotic disease and therefore the carcases of any badgers, which are suspected
of harbouring the disease, fall within the definition of Category 1 ABPs.
Category 1 materials are required to be collected,
transported and identified without undue delay and either incinerated in an
approved incineration plant or processed in an approved rendering plant, with
the processed products being finally disposed of as waste by incineration or
burial in an approved landfill. Burial without first processing is not a
permitted disposal route for Category 1 material.
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Carcase bagging
Carcases must be double-bagged in heavy-duty PVC sacks, following the procedures set out below:
•
bagging should
be carried out at the site where the badger is killed unless there is good
reason not to;
•
great care must
be taken and disposable gloves worn at all times when handling carcases;
•
take the first
bag and:
roll it down
three-quarters;
carefully place
the carcase inside;
unroll the bag;
“goose-neck”
the bag (a “goose-neck” is formed by making a ring around the top of the bag
with one hand and then pulling the neck of the bag through the ring to make the
neck of the bag as thin and long as possible, then twist it like a rope);
either knot the
“goose-neck” or tie it with PVC tape or strong string.
•
the first bag
must then be placed in the second;
•
the second bag
is then “goose-necked” and either knotted or tied;
•
gloves must be
disposed of in accordance with local Clinical Waste Disposal Instructions;
•
attach a label
to the outer bag (see below).
Following the above procedures will help avoid possible
aerosol transmission of bacteria from carcases.
A label should
be attached to the bag indicating it is a badger for collection and disposal as
category 1 waste.
Storage
Bagged carcases must be stored on site pending collection.
Alternatively, collection points could be established but these would need to
be approved under ABP rules as an intermediate site (transporting the badger
carcases to such a site would also need to be done under ABP rules on
transport). The cost of meeting the required standards for this needs to be
taken into account.
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The length of time a carcase can be stored requires judgement
as it is dependent on several factors such as the season and the
appropriateness of the storage conditions (e.g. refrigeration and protection
against vermin). A carcase must be in a condition that a collector will accept.
Carcases must not be stored outdoors or where scavengers such as foxes, dogs or
rats could have access to them.
Collection
Collection could be done as part of the National Fallen Stock
Scheme (NFSS) or by an alternative collector within the normal collecting
arrangements for other fallen stock. As badger carcases would be Category 1
material, all material collected as part of this round will be classed as
Category 1 material. The Animal By-Products Regulations prohibit bringing ABPs
on to any premises where livestock is kept. Therefore carcases must not be
removed from a vehicle collecting other ABPs from other premises.
Incineration
Once Category 1 ABPs have been collected, they must go to
Category 1 approved renderers or incinerators either directly or via Category 1
intermediate plants. Incinerators and rendering plants can be found on the
Animal Health website at:
http://animalhealth.defra.gov.uk/managing-disease/animalbyproducts/premises.htm
Risks of infection
In theory all waste material arising from the operation (such
as splatter) will be Category 1 material. However judgement is required to
ensure proportionate effort and costs. Guidance can be provided for operators
on bio-security and disinfection.
Care should be
taken to deal with any blood and other carcase debris that may be left on the
ground after shooting. As much potentially infected material as possible should
be bagged up with the badger. Any debris left should be well covered by soil
(at least 3 inches/ 8cm).
Cleansing &
disinfection of equipment
If equipment is
to be used on more than one farm then before moving to the next farm equipment
which might transfer disease, such as boots and the wheels/ undersides of
vehicles, must be cleaned of biological material (soil etc) and then
disinfected with an appropriate
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disinfectant.
To remove the smell of disinfectant which might be detected by badgers, a final
rinsing with clean water is recommended.
Other waste
All clinical waste (e.g. used gloves/disposable clothing)
must be collected and disposed of in a designated bag which must be returned to
a pre-determined disposal point for final disposal.
Other issues
Monitoring of
sett activity and closure of inactive setts
For the purpose of disease control, as long as densities are
sufficiently reduced, it is not generally necessary or cost effective to remove
every last badger. Culling which is detrimental to the survival of the local
population is prohibited under the Bern Convention and there will be upper
limits on the number of badgers that can be taken in a licensed area. It is
therefore expected that badger activity will continue in culled areas, albeit
at lower levels.
Monitoring sett activity will help to provide an indication
of the effectiveness of the control operation and whether further control at a
particular site (within the 6 week period) would be appropriate. It may also be
useful in ensuring that badgers are not completely eradicated from the local
area. Any such monitoring must not involve interference with a badger sett,
such as obstruction or damage to the sett. However, the placing of small
amounts of debris (e.g. twigs, straw) across sett entrances, in such a way that
they can easily be displaced by any badgers going in or out, is not considered
to require a licence and will provide a useful indication of which entrances
continue to be used by badgers.
It must not be assumed that because control has been carried
out near a sett, the sett is no longer occupied and can therefore be closed
down. In the Randomised Badger Culling Trial it was estimated that
cage-trapping removed, on average, about 70% of the local badger population. It
is therefore quite likely that some badgers will remain in an area following
trapping and also following controlled shooting. As long as a sett displays
signs that indicate current use by a badger, it is protected under the
Protection of Badgers Act 1992 and must not be interfered with without a
licence.
Department for
Environment, Food and Rural Affairs 20
Health and
Safety
An appropriate risk assessment should be conducted before any
shooting is carried out and counter measures put in place to ensure safety of
all involved in the operation. These should include measures to minimise risk
of exposure to potentially infective material, use of appropriate protective
clothing and other measures where risk of exposure is identified, measures to
avoid injury from handling badgers, as well as risks of using firearms.
Relevant shooting organisations should be able to provide appropriate
information on safe firearms handling.
Record keeping
Certain information will be required in order to complete the
licence return to Natural England. In addition, it is best practice to record
on a daily basis what has been done, where and by whom. Day-to-day details of
the control operation should be recorded by the licensed operator in a field
notebook. Periodically, field notes will need to be passed to the licence
coordinator to enable him/her to complete the necessary licence returns. It is
vital, therefore, that adequate and accurate information is recorded.
Records must include farm/site name, location, number of
shooting teams and shooting nights undertaken, and the actual location at which
each badger was killed. Kill locations should be recorded as a six figure
Ordnance Survey grid reference – e.g. in the format SX789456. Grid references
can be found by checking the location on a 1:50,000 or 1:25,000 Ordnance Survey
map of the area, and following the instructions on the map for recording a grid
reference, or by using a hand held GPS device. Farm or holding locations can be
recorded as a four figure grid reference (e.g. the equivalent 4 figure
reference identifying the kilometre square in which the 6 figure example given
above is found, would be SX7845).
This information is likely to be sensitive so care must be
taken not to lose field note books or leave them unattended (e.g. in unlocked
vehicles).
Further
information: (this information is likely to be based on species other than
badgers and whilst broad principles apply the detail may need to be modified
for badgers) .
BASC 2004. A
Code of Practice: Lamping (Night Shooting). British Association for Shooting
& Conservation, Wrexham.
http://www.thedeerinitiative.co.uk/pdf/guide_culling_highSeats010509.pdf
Department for
Environment, Food and Rural Affairs 21
2 Where the
conditions of a licence granted under the Protection of Badgers Act 1992 or the
Wildlife and Countryside Act 1981 to kill or take badgers are at variance with
the guidance presented in this document then the conditions of that licence
take precedence.
Draft Best Practice Guidance: Cage-trapping and despatch
|
Relating to |
Licences
granted under the Protection of Badgers Act 1992 and the Wildlife and
Countryside Act 1981 |
|
Date of
guidance |
July 2011 |
|
Valid in |
England |
|
Who for |
Persons
authorised to kill or take badgers by a specific licence under the Protection
of Badgers Act 19922 and acting in accordance with that licence and the
relevant Wildlife and Countryside Act Class Licence |
|
Relevant
Class Licence |
WML-CL04 Use
of cage-traps and artificial light. |
Overview of guidance
This Best Practice Guidance describes best practice for the
use of live-capture (cage) traps followed by humane shooting and related use of
artificial light for the taking and/or killing of badgers. Compliance with this
guidance will normally be a condition of a licence issued for the
taking/killing of badgers by this means to prevent the spread of bovine TB.
Actions described in this guidance may only be undertaken where a specific
licence under the Protection of Badgers Act 1992 authorising the killing and/or
taking of badgers has been issued AND in accordance with Class Licence WML-CL04
covering these methods. This guidance does NOT confer any authority to
undertake the actions described. Those acting under licence must ensure that
all licence conditions are complied with and must take all reasonable steps to
ensure that the licensed operations are carried out safely and humanely. This
document deals with the use of traps and trapping. It does not cover planning
and carrying out an effective badger control operation over the whole of a
(proposed) licence area; this should be dealt with in the application Badger
Control Plan.
Legal protection for badgers
Badgers and their setts are protected under the Protection of
Badgers Act 1992 (POBA) and certain methods of killing or taking them,
including use of cage traps and artificial light or any device for illuminating
a target or sighting device for night shooting, are prohibited under the
Wildlife and Countryside Act 1981 (WCA). As well as a licence under POBA,
cage-trapping
Department for
Environment, Food and Rural Affairs 22
must be carried out in compliance with the conditions of the
relevant ‘prohibited methods’ Class Licence issued by Natural England under the
WCA.
A person guilty of an offence under POBA or the WCA may be
liable on summary conviction to imprisonment or a fine, or both.
Requirements & Constraints
Competence
Licence holders must take all reasonable precautions to avoid
wounding badgers or causing unnecessary suffering and must have full regard for
safety considerations. Trapped badgers should be despatched using a 12 bore
shotgun and a basic level of competence in marksmanship and safe handling of
firearms is required. Persons killing badgers by this method must have attended
a Defra-approved training course on the humane killing of badgers.
Weapons and
Ammunition
Badgers must only be shot within the terms of an appropriate
licence using firearms and ammunition that comply with the Protection of
Badgers Act 1992. The type of firearm/ammunition allowed and any circumstances
which may restrict their use will be specified in the licence conditions. For
the humane killing of badgers in traps this is likely to be limited to 12 bore
shotguns using appropriate frangible (‘reduced hazard’) ammunition (see
Frangible Ammunition below).
The use of an automatic or semi-automatic weapon (i.e. one
with a magazine capable of holding more than two rounds (cartridges/bullets) is
prohibited under the Wildlife and Countryside Act 1981 and will not ordinarily
be licensed for this purpose. The use of artificial light in the course of
trapping or despatching trapped badgers is only allowed under licence and users
must comply with the relevant Class Licence issued by Natural England.
Shotgun
Certificates
A person applying for a licence under POBA to shoot
cage-trapped badgers with a shotgun must be in possession of a current shotgun
certificate and have authority to shoot on the land where the cage-trapping and
despatch by shooting is proposed. Any queries on firearms should be directed to
the local Police Firearms Liaison Officer in the first instance.
Department for
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Sett
Interference
POBA prohibits interference with a badger sett. A licence to
take or kill badgers, unless specified in the licence, does not permit
interference with a badger sett. POBA defines a badger sett as “any structure
or place which displays signs indicating current use by a badger”. Interference
includes damaging a badger sett or any part of it, destroying a sett,
obstructing access to a sett, causing a dog to enter a sett, or disturbing a
badger when it is occupying a sett.
The placing of small twigs or straw in sett entrances in
order to record animals passing in or out of the sett can be a useful technique
for monitoring sett activity. As long as the materials are lightly placed, and do
not obstruct the access of badgers to or from the sett, this does not require a
licence. In addition, a small amount of sand can be placed on the ground at the
sett entrance to detect paw prints, assuming suitable weather conditions (heavy
rain can wash the prints/sand away, very dry sand does not hold the print
shape).
Licenced
Persons
A licence under the POBA to kill or take a badger permits
only the person(s) named on the licence to carry out the authorised actions or,
in the case of a company, an officer or employee of the company; the work
cannot be delegated to a third party. Companies can act only through their
agents, i.e. employees or officers. Taking and/or killing badgers using
cage-traps is also a prohibited method under the WCA. Persons involved in the
actual taking and/or killing of badgers using cage-traps must be covered by
appropriate licences under both Acts. Persons solely assisting in the operation
will need to be covered by a WCA licence if they are using one of the methods
prohibited by that Act, but if not actually taking/killing badgers they will
not need a licence under POBA, as long as the person who is taking/killing
badgers is acting lawfully and is covered by the necessary licence under POBA.
For example, those operating a lamp or torch to enable someone else to
take/despatch a badger will need to be covered by a WCA licence only, whereas
the person doing the actual shooting (with the aid of the artificial light)
will need to be covered by a POBA and WCA licence. Persons setting traps to
catch badgers would need to be covered by both a WCA and POBA licence.
When applying for licences, consideration needs to be given
to which person(s) will be carrying out each activity. It is recommended that a
minimum of two people are present to deal with any
Department for
Environment, Food and Rural Affairs 24
badgers caught in traps and at least one other person should
be licensed in case needed (e.g. if one of the named persons falls ill).
Planning
Police liaison
Prior to any control operations it is advisable to inform the
local police of dates, times and areas where control will take place. Different
police areas may require different information so it is important to check
exactly what information is expected.
Public safety
The advance planning and conduct of badger control must take
full account of the need to avoid risks to public safety.
Trapping
strategy
As well as planning how the work will be carried out under
normal circumstances, planning must include contingency plans to mitigate the
effects of events which may confound the work, for example bad weather,
interference from people opposed to culling, lower than expected numbers of
badgers being shot, key people being ill/unavailable.
Cage-trapping & shooting must be carried out only as part
of a coordinated strategy. More information on this is provided in the Badger
Control Plan guidance note. The aim of the control in the first year/season of
the licence must be to reduce badger densities (numbers per area) significantly
over a short period of time (6 weeks). Culling in subsequent years of the
licence must also be carried out over a short period each year (6 weeks) and
must aim to keep badger densities at the appropriate level for the duration of
the licence, without causing local disappearance. This should be planned for
when deciding the number of traps and trappers needed and the personnel to
assist them.
Department for
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Cage-trapping procedure
Seasons
Trapping of badgers for culling will not be permitted from 1st December to 31st May, inclusive. This is to reduce the risks of trapped badgers suffering exposure due to severe weather or of leaving dependent cubs underground to suffer starvation as a result of nursing females being culled. However, even during periods when culling is permitted, if an operator has reason to suspect that a trapped animal may be a lactating sow with dependent cubs, then the animal must not be shot and must be released as soon as practicable. In addition, trapping should be suspended at any time of year if, due to bad weather, there is a risk that badgers in cage traps could suffer from extreme exposure. Both temperature and wind-chill should be taken into account in assessing the likelihood of this (see also trap placement below).
Equipment
Cage traps must be of a design specified in the licence(s).
All traps are activated by means of a string trip-line (2-ply garden twine),
which is placed such that an animal entering the trap must push into it to reach
the bait at the back of the trap. When the string is pushed it activates a
trigger mechanism, which closes the trap door - once closed, this is normally
held in place by a brace mechanism or gravity, depending on design. Only garden
twine may be used as it breaks easily if a badger becomes entangled in it;
stronger string or wire may not break and can cause injury. The following
additional equipment is needed:
•
wire (minimum
diameter 1mm) or cable-ties for fixing trap doors open
•
2-ply garden
twine for re-setting traps
•
spade for
bedding in traps (see below)
•
40mm PVC pipe
for depositing peanuts inside the trap – alternatively a spade may be used for
this purpose
•
restraining
wicket(s) (see below)
•
carrying
handles for traps
•
spare trigger
bars and flaps for the trap release mechanism
•
pliers or
multi-tool for fixing doors open with wire
•
container for
carrying peanuts
•
blunt
instrument for corneal reflex test.
Department for
Environment, Food and Rural Affairs 26
Pre-trapping
survey
Before any trapping is carried out all known setts in the
area to be trapped should be visited and their level of activity checked by
searching for field signs, such as tracks, bedding, fresh spoil and well-worn
runs. Once these checks have been completed, decisions can be made about trap
placement, deploying traps, as far as possible, at active main setts. In some
circumstances, where setts may be inaccessible or located just outside the area
where permission for trapping has been granted, remote trapping (trapping away
from the sett) may be appropriate. The occurrence of non-target species (i.e.
not badgers) must be considered and taken into account to minimise such
captures.
Site selection
In order to maximise captures, traps should be placed where
badgers are most likely to be encountered, which may not necessarily be the
most convenient sites for the trapper. The obvious sites will be near to, but
not on, main or well used setts. If other sites are known to be well frequented
by badgers then these could be used.
Trap placement
Ideally, the number of cage traps deployed should be no fewer
than the number of badgers expected to be at the sett/location being trapped,
so that trap numbers do not limit the number of animals caught in the critical
first night or two of trapping. Estimates of likely catch may be based on an
average group size per sett in the area and take into account previous culling
history if known (e.g. the Randomised Badger Culling Trial (RBCT); the ‘Krebs
Trial’) or experience gained as the cull progresses. In the absence of any
other information, as a rule-of-thumb, a main sett might be assumed to have 6
adults and, over the summer, an additional 2-3 cubs/juveniles. Thus, at a main
sett, one should plan for 8-9 badgers and so use at least this number of traps.
If available, extra traps should be used. During the RBCT roughly two traps per
badger were used, so 16-18 traps would have been used for 8-9 badgers.
Traps must only be placed on land where permission has been
granted. If a sett is identified on land which has not granted permission,
traps should be placed along the boundary closest to the active sett (on land
where permission has been granted) and adjacent to the runs that lead to and
from the sett. However, due regard must be given to non-participation land,
where the landowner/occupier does not want to allow culling, and particularly
where badgers have been or
Department for
Environment, Food and Rural Affairs 27
are being vaccinated. In this case, there should be no
attempt to ‘draw out’ badgers from the non-participation land by trapping along
the boundary.
Where access is available, traps should be positioned at or close to the active setts, ideally beside runs radiating from the sett. Traps should never be placed directly on a badger run, but always to one side roughly at right-angles to the run, with the trap entrance facing the run. This will encourage badgers to enter easily whichever way they are travelling along the run.
The traps should be ‘bedded in’ a little on the ground
surface, to ensure that they are stable and securely positioned. This may
require the creation of a level base using a spade. The floor of the trap
should then be covered with soil but care must be exercised at the front of the
trap so as not to impede proper closure of the door. Traps must not be
positioned directly on spoil heaps or block access to, or be dug into, sett
entrances or tunnels.
Traps should be positioned to make the maximum use of any
natural cover available to give trapped animals some shelter from the elements
(including exposure to wind/rain and over-heating from the sun) and to reduce
the risk of third-party interference. Additional cover may be provided by using
available materials on site. Care must be taken to ensure that vegetation, or
other materials used, do not foul the trip mechanism. If traps have to be
placed on a slope, they must be securely located, for example by fixing them in
place using stakes, to avoid the risk of them toppling as a result of trapped badgers
moving about in the trap. Traps must also be sited away from other hazards,
including areas at risk of flooding and those containing livestock.
Consideration must be given to the ease with which a trapped badger can be
despatched. Positioning of the cage-trap must allow the accessibility necessary
to shoot the badger, or if that is not possible it must allow the trap to be
easily withdrawn to a nearby place suitable for shooting a badger in the trap.
To minimise disturbance, and the risk of badgers deserting
the site, all the traps at a single trapping location should be placed on the
same day and avoiding dusk or dawn, when the badgers are likely to be active
above ground.
The number of traps positioned must be recorded in a field
notebook and marked on a map or site plan. The locations of all traps must be
carefully recorded so that they can be accounted
Department for
Environment, Food and Rural Affairs 28
for on each visit and could be found by another person,
should the original operator be unavailable for any reason.
Pre-baiting
It may help if some bait is put out at trapping sites in
advance of the traps being deployed, so getting the badgers used to feeding on
the bait and shortening pre-baiting times once the traps are in place.
Traps should be pre-baited with suitable bait, such as
peanuts, before being set to catch. This will encourage badgers to get used to
entering the traps and maximise the potential number of captures in the first
few nights of trapping. Pre-baiting therefore needs to continue for long enough
to ensure that as many badgers as possible are visiting the traps. Normally
this would be expected to take 3-10 days/nights. Bait can be placed in the trap
using a 40mm PVC pipe, spade or by hand. One or two handfuls of peanuts is a
suitable amount, placed in a heap near the back of the trap, with a trail of
peanuts laid down the centre of the trap and out of the open doorway. If, after
a number of days, the bait remains untouched, other baits should be tried –
alternatives include oats, maize and fruit, particularly plums and sweet
apples.
Bait should not be scattered widely in and around the trap as
this may encourage badgers to dig under the trap from the outside, or reach in
through the mesh, and may result in animals becoming ‘trap-shy’. On the first
day of pre-baiting some peanuts may be thrown down and around the active sett
entrances to get the badgers used to the bait and encourage them to search for
it. Pre-baiting should be done late in the day, to minimise the opportunity for
non-target species to take the bait, but before the badgers are likely to
emerge from the sett. Cage trap doors should be securely tied open with wire
(minimum diameter 1mm) or cable-ties during the pre-baiting period so that
badgers may freely enter but not be accidentally trapped. During pre-baiting,
bait can be placed under a stone in the trap to help prevent access by
non-targets. Traps should be checked daily during the pre-baiting stage and any
bait taken replenished.
Setting of
traps
Only a person acting under the appropriate POBA and WCA
licences may set traps to catch badgers.
Department for
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When adequate bait-take has been recorded in the pre-baiting
stage, the traps should be set to catch. Note that each year it is important to
coordinate trapping across the licensed area so that it occurs across the whole
licensed area in as short a time as possible and within 6 weeks.
Before setting, ensure that each trap is in good working
condition and replace or repair any faulty or damaged parts as required (e.g.
trigger arm or hinge plate) and any sharp points or faults that might
compromise badger welfare. The hinge plate and trigger arm should be lubricated
with animal fat e.g. lard, to ensure that they operate freely. Synthetic
lubricants should not be used as these could repel badgers.
When ‘stringing up’, the trap door can be held open by
inserting the trigger arm on the door into the hinge plate on top of the trap
(see Plate 1). To install the string trip-line (2 ply garden twine) attach one
end of the twine to a notched ‘stringing up’ stick and thread it down through
the roof of the trap to the rear of where the trap door hinges attach. Then
feed the string out through one side of the trap just in front of where the
bait will be placed (approx. 20-25 cm from the back of the trap and 10 cm off
the ground; this may need slight variation according to terrain and trap type).
The string should then be threaded back into the trap through the next mesh
square and passed straight across and out the opposite side. It should then be
threaded back into the trap, as for the other side, and out through the same
mesh square in the roof that it originally entered by. The two ends of the
string are then tied together with a slip-knot which is pushed down the length
of the string so that it forms a triangle inside the trap (see Plate 2).
Ensure that the hinge plate is positioned more or less
vertically, at ~90° to the roof of the trap (see Plate 1), and cut the string
off so that the end can be threaded through the top hole in the hinge plate and
tied on; in wet weather, to allow for shrinkage, the string should not be set
too taut. The end of the trigger arm is then placed in the lower hole in the
hinge plate, such that it will be easily pulled free when the string is moved.
This will allow the door to fall and close. Always test the door-closing
mechanism to check that the trap operates properly before setting. The trap
should be baited as before.
The number of traps set to catch at each sett/trapping
location must be recorded in a field notebook (NB this may differ from the
number of traps originally deployed).
Department for
Environment, Food and Rural Affairs 30
Plate 1: Trigger mechanism of trap showing hinge plate in
roughly vertical position (blue arrow) and tip of trigger arm passed through
lower hole of hinge plate (orange arrow) to hold trap door open. The green
arrow indicates the line of twine, once set, from the upper hole of the hinge
plate, running towards rear of trap.
Plate 2: Setting the trap: the green line marks the line of
twine from the hinge plate (which will be ~vertical when set) towards the rear
of the trap, then through the roof into the trap 20-25cm from the rear, then
out first through one side then the other, then back to join the central line
of twine. This join should be made with a slip-knot that can be pushed down
into the trap to form a triangular ‘coat-hanger’ shape, as shown. The other end
of the string is then tied to the hinge plate with the door held open (as in
Plate 1).
Department for
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Plate 3: Trap set, showing peanut bait pile at rear of trap
and wire mesh of floor loosely covered with soil.
Checking traps
Only a person acting under a POBA licence may directly handle
or shoot any live badgers trapped. Once the badger is dead, no licence is
needed to handle it and assistants may help by, for example, placing the badger
into a bag and disposing of it as described below.
Cage traps set to catch must be checked and any badgers
caught must be dealt with as soon as practicable after dawn the following day.
In any event, operators must complete this before 12 noon (this should be taken
into account when planning how many operators are needed). Operators also have
a legal responsibility under the Animal Welfare Act 2006 not to cause
unnecessary suffering to any animal under the control of man – this includes a
wild animal held in a trap.
Those traps which are most at risk of exposure to the elements
or to human interference should be checked first.
Experience suggests that, following pre-baiting, most badgers
will be caught in the first three nights of trapping. Setting traps to catch
for much longer than this should only be undertaken if badgers continue to be
caught; a maximum of 10 consecutive nights should normally be sufficient at any
one trapping site. After this either fix traps open so they cannot catch or
remove them from the site.
Department for
Environment, Food and Rural Affairs 32
Non-target
captures
Any wild non-target species captured (i.e. not badgers)
should be released at the point of capture, unless it is a species which it
would be illegal to release, such as non-native species like grey squirrels, or
humanely killed (unless it is of a species which it would be illegal to kill).
Wild animals which are injured to an extent that would make it inhumane to
release them must be humanely killed as soon as possible or taken without undue
delay for veterinary treatment.
Any domesticated animals caught without signs of injury
should be released at the point of capture, or returned to their owners, if
applicable. Injured animals must be taken for veterinary treatment without
undue delay and their owners notified if possible.
Non-target animals that are killed must be disposed of
appropriately.
Shooting of
captive badgers
The aim is to ensure that the captured badger is killed
humanely and that the technique is safe for the operators, the public and any
non-target animals in the vicinity e.g. livestock.
A minimum of two people should be on site when shooting
badgers in traps.
Operator Safety
Inevitably, any shot needs to be taken from close proximity,
with the muzzle of the weapon inside the cage, but not in contact with the
animal (see below). Safety could clearly be compromised in situations where
hard surfaces, such as the wire mesh of the trap, or surfaces on which traps
are placed, may present significant risks of ricochet. A further concern is the
risk of ‘splashback’ of tissue from the shot animal onto an operator in close
proximity, which could spread infection. Mycobacterium bovis, the causative
agent of bovine TB, is a zoonotic disease which means infection can pass from
animals to people. Protective clothing is advisable, face masks and goggles
should also be considered.
Before despatch procedures commence, a careful check must be
made by the shooter to ensure that all people in the vicinity of the despatch
location are in a safe position, behind the line of fire. If there is any risk
of interference from unauthorised third parties, then on grounds of
Department for
Environment, Food and Rural Affairs 33
ensuring public safety it may be necessary to abandon any
attempt to shoot the badger(s). If so, they must be released unharmed.
Frangible
Ammunition and Shotguns
Frangible ammunition is designed to disintegrate on impact,
avoiding the risk of ricochet. Defra has developed a frangible 12 bore
cartridge designed to minimise the risks of ricochet or splash-back, whilst
ensuring a humane kill at close range. It can be used with 12 bore shotguns,
commonly owned by farmers and gamekeepers. A low-powered bismuth cartridge
which can be fired from a wide range of 12 bore shotguns proved to be the most
suitable option tested in Defra trials. Use of such a cartridge in a
long-barrelled weapon, such as a shotgun, further reduces the hazard of
splash-back. This combination of frangible shot and a 12 bore shotgun is likely
to be the only option licensed. A double-barrelled or magazine-fed shotgun may
minimise the delay in the event of a second shot being needed, but the use of a
double-barrel will require modification to cage traps to allow the muzzle to
pass through the wire mesh at the range of angles necessary to take a humane
shot. A single barrel shotgun may not require any modification of the cage and
prove easier to position correctly as the barrel will pass through any point in
the mesh.
Frangible ammunition suitable for this use is not available
‘off-the–shelf’. Licence coordinators are likely to arrange for those acting
under a licence to have access to an authorised supplier.
Situation of
Shooting
Recommended practice for cage-trapping allows for
trap-checking to be carried out in daylight hours, but there may be occasions
when captured animals are despatched during darkness. In either case the
shooter should be familiar with the terrain, having made visits during daylight
to study the area, to carry out a risk-assessment, and to check the trap
locations for hazards to safe shooting. Care should be taken to avoid any risk
to non-target species, including domestic animals and livestock, and to ensure
that there is no risk of accidental injury to humans. The ground on which the
traps are placed must provide a safe backstop. If use of artificial light (e.g.
a lamp or torch) is necessary to aid despatch, then its use must comply with
Class Licence WLM-CL04 .
It is expected that in order to minimise stress/ disturbance
to the trapped badgers, they will be shot in the traps they are trapped in,
on-site, without any need to move them to another site.
Department for
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Badgers should only be moved to another location for shooting
if they cannot be safely shot without interference from third parties where
they are trapped. In any case disturbance to the badgers and any time spent in
transit should be kept to a minimum. If badgers are moved, covers should be
placed over the traps to help keep them calm and badgers must be allowed to
settle before being shot.
Preparation for
Shooting
If a double-barrelled shotgun is to be used, one or more
sections of mesh will need to be cut out of the roof of each trap to give
adequate access for the weapon. This will need to be fitted with a closable
flap that can be fixed shut, except whilst despatching a badger. A
single-barrelled shotgun should be useable without modification of the traps.
Before trapping commences, check that the muzzle of the weapon to be used
passes easily through the mesh, or ‘cut-out’, such that the shooter will be
able to find the angle of shot needed for shooting a captured badger in a range
of different positions in the trap.
On arrival at a trapping site to check the traps, the weapon
to be used should be unloaded, with no cartridge in the chamber. Where there
are several traps set close to each other, as far as possible, all should be
checked for trapped animals, without approaching the traps (see below), so that
despatch can be planned to minimise stress for all the animals involved. As soon
as the traps have been checked, if there are animals to be despatched, the
weapon should be loaded and any trapped animals dealt with without delay. If a
double-barrelled or magazine-fed shotgun is being used, two cartridges should
be loaded so that a second shot can be taken quickly, should there be any doubt
about the first having been killed instantly. If a single-shot shotgun is used,
a second cartridge should be ready to hand, for a rapid second shot, if
necessary.
It is best practice to approach cage traps for inspection
quietly and calmly so as not to stress any captured animals. Unnecessary
additional persons should not accompany the operators when checking traps and
on no account should dogs be taken on site. The trapped animal needs to be in a
position that allows a safe and humane shot to be taken (see Shot placement,
below). Sometimes trapped badgers will be found to be asleep but they may also
be active and alert. If a badger is very active it may be necessary to restrict
its movement in order to shoot it safely. A ‘wicket crush’ may be useful, in
this case, to restrict the space available and keep the animal in a suitable
position. A ‘crush’ can be pre-constructed or may be improvised on site
Department for
Environment, Food and Rural Affairs 35
using stout sticks pushed through the bars of the side of the
cage. Its purpose is simply to restrict the space for movement of the animal in
order to ensure a safe and humane shot.
If more than one badger has been caught in the same trap,
provision must be made for killing them both humanely. The operator will need
to decide if they should be placed in separate cages prior to shooting or if
they can be shot humanely in rapid succession whilst in the same trap. The main
considerations are minimising any physical suffering or mental stress to the
badgers and ensuring operator safety.
The badger must be settled before firing.
Shot placement
A well-placed shot to the head from close range (~6 inches/15cm) should prove to be overwhelming and result in rapid unconsciousness and death. Neck shots and body shots are not suitable for despatch of trapped badgers. Cage-trapped badgers should be despatched by shooting to the head with the muzzle of the weapon pushed through the mesh of the cage trap but not in contact with the animal. The target is the front of the forehead with the shot angled through the brain towards the brainstem (see Figure 1). If this target area is not accessible, e.g. because of the way the badger is lying, then the animal should be disturbed gently until it alters its position sufficiently to make the target area available. Wickets pushed through the mesh and across the cage to restrict the badger’s movement should be considered if the animal is active. The weapon should be held so as to keep the shooter’s body as far away from the badger as is safely possible to avoid the risk of splashback of tissue hitting the shooter. For this reason, shots from directly above should be avoided. Immediately after shooting, checks should be undertaken to ensure that the animal is dead. If there is any doubt that a badger is dead a second shot must be administered as soon as possible. The operators should then deal with any further trapped animals at that location, before dealing with the carcase.
Department for
Environment, Food and Rural Affairs 36
Figure 1(a): Shot placement for humane despatch of a cage-trapped badger: hashed area is the target area. Broken lines show approximate position of front and rear of brain using the position of the eyes and ears as markers.
Department for
Environment, Food and Rural Affairs 37
Figure 1(b): Shot placement for humane despatch of a
cage-trapped badger: broken lines show approximate position of front and rear
of brain using the position of the eyes and ears as markers. Hashed area shows
approximate position of the brain.
Confirmation of
death
After shooting a badger, regardless of
first impressions (unless it is obviously still alive), an assessment should be
made as to whether it has been successfully killed. Signs that should be
checked for include:
●
correct shot
placement (i.e. entry hole is in the target area –see Fig.1)
●
absence of
rhythmic breathing (i.e. no chest movement / rise and fall)
●
absence of eye
movement / blinking reflex
●
eye wide open
and the pupil dilated
Department for
Environment, Food and Rural Affairs 38
●
absence of
large muscle spasms (i.e. muscular movement / reflex).
The animal should be touched with a blunt instrument
following the above checks to test for any reaction. A final check to confirm
the absence of life should be made by touching the eye and assessing for a
blink reflex (a small stick or similar object should be used to guard against
being bitten should the apparently dead animal not actually be dead). Disposable
gloves should be worn when handling the animal.
As the aim is for a rapid death, checks for signs of death
must be made as soon as practicable after the shot has been taken and initial
checks should be made within 1 minute. However, if other signs indicate a
correctly placed shot but involuntary muscle spasms occur (see below), final
checks will need to be delayed until these have ceased. This should not delay
dealing with other trapped animals at the same location.
Involuntary muscle spasms affecting the limb and body muscles
can occur within a minute of a shot through or near the brainstem and are
consistent with a correctly placed shot. These convulsions generally last for
no more than 1 - 2 minutes and animals remain unconscious throughout. Absence
of convulsions does not mean that the shot was unsuccessful. Final checks for a
successful kill should not be made until any convulsions have ended.
After all the animals at the site are confirmed dead the
firearm should be emptied of any remaining ammunition and stored safely.
A final check for signs of life must be made at least 3
minutes after the final shot to that animal and before the animal is bagged up.
Only once the animal is confirmed dead and all visible movement/reaction and
the animal’s heartbeat has ceased, should the animal be bagged (see carcase
disposal below).
Humaneness
standards
Shooting
badgers in cage-traps at close range is considered to be a humane method for
killing badgers. This killing method is permitted for use under licence in the
POBA. To ensure a high level of humaneness, licence holders must ensure that
all reasonable measures are taken to ensure this method is applied to a high
standard. These measures include the adherence to
Department for
Environment, Food and Rural Affairs 39
these best
practice guidelines, meeting the required competence and complying with licence
conditions and monitoring.
Operators should never feel rushed into taking a shot. The
key consideration is for an accurate and humane shot.
Remember that releasing uninjured badgers is always an option
and should be considered if there are any reasons why a badger might not be
able to be humanely killed at the time it is found in the trap.
Carcase handling, removal, storage and collection
Badger carcases
will not routinely be collected for post-mortem examination or disease
analysis, but some may be required for monitoring purposes.
In handling
carcases, particular attention should be paid to health and safety issues to
avoid possible aerosol transmission of bacteria and other potential hazards
such as ticks or other parasites.
Handling of
Despatched Badgers
Operators do not need a licence to handle dead badgers as
long as they have been taken and killed lawfully.
Operator safety: badger carcases and any material from them
(urine/ faeces/ blood etc) may contain TB and provide a source of infection.
Operators must take appropriate action to minimise the chances of spreading
this material around and infecting themselves, colleagues or the area in which
they are working. Appropriate protection should be worn (e.g. gloves, mask,
overalls, washable boots).
Regulations
The EU’s Animal By-Products Regulation 1069/2009 lays down
health rules concerning animal by-products (ABPs). The regime divides ABPs into
three categories, according to the degree of risk which they pose, and
specifies the permitted treatment or disposal routes for each category. Wild
animals normally fall outside the scope of the Regulation, but when they are
“suspected of being infected with diseases communicable to humans or animals”
they fall within the list of Category 1 materials (Article 4(1)(v)). bTB is a
zoonotic disease and therefore the carcases of
Department for
Environment, Food and Rural Affairs 40
any badgers which are suspected of harbouring the disease
fall within the definition of Category 1 ABPs.
Category 1 materials are required to be collected,
transported and identified without undue delay and either incinerated in an
approved incineration plant or processed in an approved rendering plant, with
the processed products being finally disposed of as waste by incineration or
burial in an approved landfill. Burial without first processing is not a
permitted disposal route for Category 1 material.
Carcase bagging
Carcases must be double-bagged in heavy-duty PVC sacks,
following the procedures set out below:
•
bagging should
be carried out at the site where the badger is killed unless there is good
reason not to;
•
great care must
be taken and disposable gloves worn at all times when handling carcases;
•
take the first
bag and:
roll it down
three-quarters;
carefully place
the carcase inside;
unroll the bag;
“goose-neck”
the bag (a “goose-neck” is formed by making a ring around the top of the bag
with one hand and then pulling the neck of the bag through the ring to make the
neck of the bag as thin and long as possible, then twist it like a rope);
either knot the
“goose-neck” or tie it with PVC tape or strong string.
•
the first bag
must then be placed in the second
•
the second bag
is then “goose-necked” and either knotted or tied
•
gloves must be
disposed of in accordance with local Clinical Waste Disposal Instructions
•
attach a label
to the outer bag (see below).
Following the above procedures will help avoid possible
aerosol transmission of bacteria from carcases.
A label should
be attached to the bag indicating it is a badger for collection and disposal as
category 1 waste.
Department for
Environment, Food and Rural Affairs 41
Storage
Bagged carcases must be stored on site pending collection.
Alternatively, collection points could be established but these would need to
be approved under ABP rules as an intermediate site (transporting the badger
carcases to such a site would also need to be done under ABP rules on
transport). The cost of meeting the required standards for this needs to be
taken into account.
The length of time a carcase can be stored requires judgement
as it is dependent on several factors such as the season and the appropriateness
of the storage conditions (e.g. refrigeration and protection against vermin). A
carcase must be in a condition that a collector will accept. Carcases must not
be stored outdoors or where scavengers such as foxes, dogs or rats could have
access to them.
Collection
Collection could be done as part of the National Fallen Stock
Scheme (NFSS) or by an alternative collector within the normal collecting
arrangements for other fallen stock. As badger carcases would be Category 1
material, all material collected as part of this round will be classed as
Category 1 material. The Animal By-Products Regulations prohibit bringing ABPs
on to any premises where livestock is kept. Therefore carcases must not be
removed from a vehicle collecting other ABPs from other premises.
Incineration
Once Category 1 ABPs have been collected, they must go to
Category 1 approved renderers or incinerators either directly or via Category 1
intermediate plants. Incinerators and rendering plants can be found on the
Animal Health website at:
http://animalhealth.defra.gov.uk/managing-disease/animalbyproducts/premises.htm
Risks of
infection
In theory all waste material arising from the operation (such
as splatter) will be Category 1 material. However, judgement is required to
ensure proportionate effort and costs. Guidance can be provided for operators
on bio-security and disinfection.
Department for
Environment, Food and Rural Affairs 42
Care should be
taken to deal with any blood and other carcase debris that may be left within
the trap or on the ground after shooting. As much potentially infected material
as possible should be bagged up with the badger. Any debris left should be well
covered by soil (at least 3 inches/ 8cm).
Cleansing &
disinfection of Equipment
Traps must be
cleansed and disinfected before being moved to another sett/ site and special
care should be given to those that have had badgers shot in them.
•
Under no
circumstances should traps move from farm to farm without prior cleansing &
disinfection.
•
Once all
organic material has been removed, the traps must be disinfected with an
appropriate disinfectant.
•
Following
disinfection, the traps should be rinsed with clean water to remove the smell
of the disinfectant which might deter badgers from entering the traps.
If equipment is
to be used on more than one farm, then before moving to the next farm equipment
which might transfer disease, such as boots and the wheels/ undersides of
vehicles, must be cleaned of biological material (soil etc) and then
disinfected with an appropriate disinfectant. To remove the smell of
disinfectant which might be detected by badgers, a final rinsing with clean
water is recommended.
Other waste
All clinical waste (e.g. used gloves) must be collected and
disposed of in a designated bag which must be returned to a pre-determined
disposal point for final disposal.
Other issues
Monitoring of
sett activity and closure of inactive setts
For the purpose of disease control, as long as densities are
sufficiently reduced, it is not generally necessary or cost effective to remove
every last badger. Culling which is detrimental to the survival of the local
population is prohibited under the Bern Convention and there will be upper
limits on the number of badgers that can be taken in a licenced area. It is
therefore expected that badger activity will continue in culled areas, albeit
at lower levels.
Department for
Environment, Food and Rural Affairs 43
Monitoring sett activity will help to provide an indication
of the effectiveness of the control operation and whether further control at a
particular site (within the 6 week period) would be appropriate. It may also be
useful in ensuring that badgers are not completely eradicated from the local
area. Any such monitoring must not involve interference with a badger sett,
such as obstruction or damage to the sett. However, the placing of small
amounts of debris (e.g. twigs, straw) across sett entrances, in such a way that
they can easily be displaced by any badgers going in or out, is not considered
to require a licence and will provide a useful indication of which entrances
continue to be used by badgers.
It must not be assumed that because control has been carried
out near a sett, the sett is no longer occupied and can therefore be closed
down. In the Randomised Badger Culling Trial it was estimated that
cage-trapping removed, on average, about 70% of the local badger population. It
is therefore quite likely that some badgers will remain in an area following
trapping and also following controlled shooting. As long as a sett displays
signs that indicate current use by a badger, it is protected under the
Protection of Badgers Act 1992 and must not be interfered with without a
licence.
Health and
Safety
An appropriate risk assessment should be conducted before any
shooting is carried out and counter measures put in place to ensure safety of
all involved in the operation. These should include measures to minimise risk
of exposure to potentially infective material, use of appropriate protective
clothing and other measures where risk of exposure is identified, measures to
avoid injury from handling badgers, as well as risks of using firearms.
Relevant shooting organisations should be able to provide appropriate
information on safe firearms handling.
Record keeping
Certain information will be required in order to complete the
licence return to Natural England. In addition, it is best practice to record
on a daily basis what has been done, where and by whom. Day-to-day details of
the control operation should be recorded by the licensed operator in a field
notebook. Periodically, field notes will need to be passed to the licence
coordinator to enable him/her to complete the necessary licence returns. It is
vital, therefore, that adequate and accurate information is recorded.
Department for
Environment, Food and Rural Affairs 44
Records must include farm/site name, location, number of
trapping teams and trapping nights undertaken, and the actual location at which
each badger was trapped. Trapping locations should be recorded as a six figure
Ordnance Survey grid reference – e.g. in the format SX789456. Grid references
can be found by checking the location on a 1:50,000 or 1:25,000 Ordnance Survey
map of the area, and following the instructions on the map for recording a grid
reference, or by using a hand held GPS device. Farm or holding locations can be
recorded as a four figure grid reference (e.g. the equivalent 4 figure
reference identifying the kilometre square in which the 6 figure example given
above is found, would be SX7845).
This information is likely to be sensitive so care must be
taken not to lose field note books or leave them unattended (e.g. in unlocked
vehicles).
Department for
Environment, Food and Rural Affairs 45
Annex 1: summary of overall procedure
1.
Draft badger
control plan (and other aspects such as H&S risk assessment) and coordinate
with other applicants.
2.
Plan number of
traps/ people/ frangible shot etc needed, based on number of setts/badgers.
3.
Arrange appropriate
training.
4.
Apply for
appropriate licences from Natural England.
5.
Obtain traps/
frangible ammunition/ shotguns and other equipment.
6.
Notify local
police of intended operations.
7.
If licence
issued, place traps and pre-bait in accordance with the licence and the agreed
Badger Control Plan.
8.
Set traps to
catch.
9.
Inspect traps
and deal with any animals caught.
10.
At end of
trapping session, if traps are to be moved to another site or stored, clean and
disinfect them.
11.
Continue to
monitor for signs of badgers at setts.
Department for
Environment, Food and Rural Affairs 46
Annex 2: Summary of dealing with animals caught
1.
On inspection
of traps deal with any non-target captures as appropriate.
2.
Decide which
badgers to prioritise dealing with, based on exposure/welfare considerations,
etc.
3.
For each badger
to be despatched, make all necessary safety checks, ensure animal is in a
suitable position for despatch and take shot.
4.
Check shot on
target and make preliminary checks for signs of life.
5.
If badger
appears dead proceed to deal with next animal. If not, make further checks or
take second shot as appropriate.
6.
When all
animals for despatch have been killed, unload and store the gun in a safe
place.
7.
Following final
checks for death, bag and label each badger in turn.
8.
Record all
relevant details in field notebook.
9.
Cleanse and
disinfect equipment as necessary.
10.
Remove carcases
and store/dispose of appropriately.
Department for Environment, Food and Rural Affairs
|
July 2011 |
Annex
H:
Natural
England’s draft guidance to applicants on reasonable measures to reduce the
risk of detrimental impacts on non-participants
Please Note:
This is a
working draft of guidance, which will be revised and will form part of Natural
England’s Guidance to Applicants if a policy of badger control is adopted. This
is not intended to be a standalone document.
Page 2 of 5
Protection for non-participants in and around a TB Badger Control Area
1.
Purpose of this
guidance
1.1.
As the
licensing authority in England under the Protection of Badgers Act 1992,
Natural England deals with licence applications to cull badgers for the purpose
of preventing the spread of bovine tuberculosis (TB). This note provides
guidance on what Natural England considers to be the reasonable1 measures to
mitigate the risk to non-participating farmers and landowners of a potential
increase in confirmed new incidents of TB in vulnerable livestock within the
Control Area and in the 2km ring surrounding the Control Area; and to protect
the interests of any non-farming interests that may be affected by badger
control.
2.
Scope
2.1.
People not
involved in the licensed control of badgers (referred to as ‘non-participants’)
that may be affected are considered to include:
a)
Farmers or
keepers of vulnerable livestock. Vulnerable livestock are, for the purposes of
this advice, primarily cattle, but in some circumstances holdings which keep
other highly susceptible animals may need to be considered.
b)
Non-farming
interests that may be affected by badger control. This could include other
countryside dwellers, nature reserves, ‘wildlife watching’ businesses or other
parts of the tourism/leisure industry.
2.2.
The requirement
to take reasonable measures applies within the entire Control Area2 and within
two kilometres of the outer edge of the Control Area. For this purpose
“reasonable measures” means measures that in the particular circumstances are
practicable, proportionate and appropriate.
3.
Requirements
3.1.
This section
sets out the general principles that apply to farming and non-farming
non-participants. In judging what is expected in any particular case Natural
England’s assessment of what is reasonable will take account of the cost of
implementing any relevant measures and the potential benefits that they might
provide.
1 See paragraph
9 g of the ‘Guidance to Natural England’
2 The Control
Area is the land included in the licence, once granted, including both land
that is participating and land that is not participating in culling.
Page 3 of 5
Farmers or
keepers of vulnerable livestock
3.2.
These
requirements apply only in respect of non-participants with vulnerable
livestock. The principal aim is to reduce the risk that culling leads to an
increased incidence of TB breakdowns on farms belonging to non-participants.
This may occur due to the so-called perturbation effect whereby culling is
believed to lead to an increased badger movement and through this to an increase
in disease transmission from badgers to cattle.
3.3.
This risk is to
be mitigated by incorporating landscape features and land-use types, or where
these are not possible, putting in place reasonable measures to protect
livestock on non-participating farms. The types of features or measures that
may be used for this purpose fall into three main categories:
a)
physical
barriers that would reasonably be expected to reduce badger movement across the
boundary between culled and un-culled land;
b)
buffer areas
where, even if some badger movement does occur, there is a reduced risk of
increased TB-breakdowns in vulnerable livestock because, for example, the area
is poor badger habitat, so the incidence of badger movement or increased
contacts is likely to be relatively low, or where there are few or no cattle
(or other vulnerable livestock) present;
c)
measures that
can be put in place in the absence of (a) or (b) to aim to reduce the risk of
badger to cattle transmission or badger to badger transmission of bovine TB.
3.4.
The following
examples are given as guidance on what Natural England considers to be
potentially suitable protective features or measures. There is no hierarchy of
acceptability between these different means of protection. Further alternative
measures may also be acceptable and will be judged on a case by case basis.
|
Barriers |
Buffers |
Measures |
|
Sea coast Lakes & reservoirs Major rivers & estuaries Motorways Major A/Trunk roads |
Large urban
areas Areas free of
vulnerable livestock (2km+) Areas
including farms with vulnerable livestock (2km+) where: • it has been agreed culling will not
take place, and • the farmers agree to accept any TB
risks associated with culling-related perturbation Poor badger
habitat; e.g. upland/blanket bog/ wetland (2km+) Sections of
boundary which are contiguous with other badger TB Control Areas where
control is taking place in the same year. |
Badger-proof
fencing Badger
vaccination Enhanced
biosecurity |
3.5.
These features
and measures may not be required to protect non-participants with vulnerable
livestock in certain circumstances where the disease risk can be tackled in
other ways. Situations where the requirement may be waived include areas of
non-participating land with vulnerable livestock:
Page 4 of 5
a)
that are no
more than 200 metres from accessible land where culling is taking place
(increased badger control effort on access land adjoining the non-participating
land can reduce disease risk by intercepting dispersing animals from culled
land and by reducing the badger population on the non-participating land);
b)
where the owner
or occupier is content to accept the risk that badger control may increase
his/her risk of a TB breakdown; and
c)
where the
vulnerable livestock are kept in conditions where there little or no
opportunity for contact with badgers (e.g. they are housed in badger proof
buildings or enclosures).
Other
countryside dwellers and visitors
3.6.
If a
non-participant expressly does not want badgers resident on its land removed by
culling operations on immediately adjoining land, then we expect licence
applicants to take reasonable steps to negotiate an agreed approach to badger
control operations along the relevant boundary with that landowner/occupier.
Where agreement is not reached, Natural England may advise applicants on the
appropriate approach to take on a case by case basis.
3.7.
To minimise
disturbance to non-participants and potential safety risks during badger
control operations:
a)
Licensees are
required to liaise with local police forces in areas where badger control
operations are to be carried out and follow police advice on measures to
protect public and operator safety. For example, if so advised by the police it
may be appropriate to post notices at relevant access points or, e.g. on parish
notice boards, alerting people to the fact that shooting may take place in
specified areas within a specified period.
b)
There must be
strict compliance with the relevant Best Practice Guidance for shooting and
trapping (which is a condition of culling licences) and normal good practice
regarding the use of firearms. (See Annex G of the consultation).
Natural
England, July 2011.
Page 5 of 5
|
© Crown copyright |
2011 |
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