Additional conditions for CL48 and CL49: to protect lands, species and habitats when cage trapping or tagging badgers
The conditions and notes below apply to all land in England above the mean low water mark, including on and near protected sites: Special Areas of Conservation (CASE), special protection areas (Spas), Sites of Special Scientific Interest (SSSI) and Ramsar Sites.
If you are unable to comply with these conditions you should contact Natural England at [email protected] for advice.
Vehicle use restrictions
1. Restrict the use of vehicles to existing tracks only on any protected site. The locations of protected sites can be identified on the Magic card app by clicking on Designations, then on Territorial Designations, then on Statutory Designations.
2. Restrict the use of vehicles to existing tracks only within 200m of any swamp, reedbed, riparian or other type of marsh, bog or wetland habitat, or along any body of water (e.g. , a pond) or watercourse (e.g., a river). This applies to any terrain – not just inside a protected site.
3. In any location not covered by conditions 1 and 2, to the extent possible, restrict vehicles to existing lanes.
Cage trapping restrictions
4. Limit the location of traps to the existing sett footprint on any protected site.
Note: Traps and pre-bait should not be deployed until April 15.
Except on a sett footprint, traps should not be placed in a swamp, reed bed, riparian area, or other type of marsh, bog, or wetland habitat, or along any body of water ( for example, a pond) or a watercourse (for example, a river).
This applies to any terrain – not just inside a protected site.
Do not use any fish-based bait.
Bird disturbance restrictions
5. Operations conducted under this license must comply with existing legal obligations described in note Y.
Note Y: All birds, their eggs and nests (when in use or under construction) are protected under the Wildlife and Countryside Act 1981. This license does not allow you to take or destroy such nests. Bird species listed in Schedule 1 of this law have additional legal protection, so care must be taken to avoid disturbance during the breeding season.
6. Do not disturb breeding bird colonies. See Note V.
Note V: Seabirds, gulls and some other species collectively nest in large colonies to breed in a variety of habitats. Persons operating under this license should avoid disturbing these colonies. Depending on the circumstances, operators will need to be a few hundred meters away, but working at closer distances may be possible and can still avoid disturbance, for example by operating under cover or out of sight.
7. Do not disturb large groups of waterfowl. See note T.
Note T: Large numbers of waders and wild birds congregate to roost and forage on and near water bodies, shorelines and other wetland habitats. Persons operating under this permit should avoid disturbing these birds when they are congregated in large groups. Depending on the circumstances, operators will need to be a few hundred meters away, but working at closer distances may be possible and can still avoid disturbance, for example by operating under cover or out of sight.
8. Do not disturb traditional raptor roosting sites. See footnotes.
Note S: Some raptor species congregate at traditional sites to roost at night outside of the breeding season. If operating in a protected site, operators should check to see if hen harrier, merlin harrier or short-eared owl are listed as non-breeding features of interest on the Display of designated sites. If these species exist as elements of interest on the site, it is recommended that operators contact the owner or occupier to identify traditional raptor resting sites to avoid.
9. No access within 20 meters of any cave, mine or shaft entrance at any time of the year.
10. Activities carried out under this license must comply with the legal obligations described in note Z.
Note Z. All bats and their roosts (even when not occupied by bats) are protected by the Wildlife and Countryside Act 1981 and by Habitat and Species Conservation Regulations 2017. This license does not allow you to enter or obstruct a bat roost, or disturb a bat while it is occupying a roost. Care should be taken to avoid prolonged human presence near or artificial lighting of cracks and cavities in trees and man-made structures, and any mounted boxes.
European protected species
Nationally protected species are listed in Annex 5 (animals) and Annex 8 (plants) of the Wildlife and Countryside Act 1981 (as amended). Under these laws (rules 43 and 47 of the 2017 regulations and articles 9 and 13 of the 1981 law), it may be an offense to:
- capture, injure or deliberately kill any wild animal of a European protected species
- intentionally killing, injuring or taking a nationally protected wild animal
- deliberately disturb wild animals of any European protected species
- willfully or recklessly damage or destroy any structure or place that a nationally protected animal uses for shelter or protection, disturb such animal while it occupies such structure or place, or obstruct the access to such a structure or place
- damage or destroy a breeding or resting site of any wild animal of a European protected species
- deliberately take or destroy the eggs of any wild animal of a European protected species
- deliberately picking, collecting, cutting, uprooting or destroying a wild plant of a European protected species
- intentionally pick, uproot or destroy any nationally protected wild plant
The crested newt, the otter, the dormouse and the sand lizard are European and national protected species.
In the license conditions, the use of the word “avoid” denotes a prohibition, which means that it indicates that an area must be excluded from relevant activities or that activities must not be undertaken during the period indicated or the manner described. Similarly, the word “restrict” means that activities must be confined to specified areas or time periods.
For details of protected sites and their notified features of particular interest or qualifying features of a European site, please enter the name of the site in the Display of designated sites.