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Bird Notes and News 



said that the Bill does not touch on caging, as such, and that questions of cruelty 

 to captive birds will continue to be dealt with under the Protection of Animals Act. 



THE EXISTING ACTS 



The existing Acts for the Protection of Wild 

 Birds to he repealed by the new Bill, are nine 

 in number. The oldest, and the bed-rock 

 of existing legislation, is that of 1880, amended 

 in 1881, which (1) gives a statutory close-time 

 to all wild birds from March 1st to August 1st ; 



(2) prohibits shooting or netting of birds 

 during that time and also sale and possession 

 of recently taken birds after March 15th. 

 The close-time period may be varied in length 

 by the Secretary of State on the application 

 of a County or County Borough Council. 



(3) An exception is made to permit owners 

 and occupiers of land to take or kill, or authorise 

 other persons to take or kill, such birds as are 

 not mentioned in the Schedule to the Act. 

 This Schedule therefore contains the names 

 of all birds fully protected during the close- 

 time, the Act of 1881 adding the Lark. 



(4) In 1888 a special Act was passed for the 

 protection of the Sand-Grouse. 



The birds named in the Schedule to the 

 Act of 1880 for protection from all persons 

 during the close-time, remained a fixed list 

 until 1894. The Act of that year enabled 

 County Councils (5) to add to the number, 

 and (6) to give protection to eggs of named 

 birds or to protect all eggs within defined 

 areas. 



The Act of 1896 (7) authorised the making 

 of areas in which the taking of all birds may 

 be prohibited. It also (8) gave power to 

 protect named species beyond the close-time, 

 thus making possible both all-the-year pro- 

 tection and the prohibition of Sunday shooting 

 and catching. The latter, however, is a 

 roundabout process. 



In 1902 came the Act (9) empowering the 

 forfeiture of birds and eggs illegally taken. 

 The confiscation of nets, traps, and decoy- 

 birds had been provided for by the 1880 Act. 



In 1904 the Act generally known as (10) the 

 Pole-Trap Act was passed; also (11) the Act 

 for protecting birds in St. Kilda, a corner of 

 the kingdom purposely omitted by previous 

 legislation. 



In 1908 the taking of birds by hooks and 

 similar instruments was made illegal (12). 



THE NEW BILL 



Lord Grey's Bill again enacts (1) a general 

 close-time and proposed to extend it to Sept. 1st, 

 but the old date was unfortunately restored 

 in the House of Lords. The period may be 

 varied, generally or locally, for all or any 

 birds, by the Secretary of State. It prohibits 

 during this time (2) the killing, injuring, or 

 taking of wild birds ; sale or possession of 

 bird, skin, or plumage, where such is illegally 

 taken, between the fifteenth day after the 

 beginning of close-time and the day close-time 

 ends. In the case of scheduled birds, nest 

 and eggs are included in the prohibition. 

 The time limit does not apply in the case of 

 birds protected all the year. (3) The privilege 

 to owners and occupiers is continued in the 

 case of non-scheduled birds, but authority 

 passed on to persons outside their employ 

 must be in writing. 



(4) The Sand-Grouse is completely protected 

 by inclusion in the First Schedule of the Bill. 



The Acts of 1894 and 1896 are superseded 

 mainly by the formation of two Schedules in 

 place of the original one. (8) The first contains 

 the names of birds to be fully protected through- 

 out the year ; (5) the second, those to be fully 

 protected during the close-time. In both 

 cases nest and eggs are also placed under 

 protection. 



The Schedules may be varied and (7) bird- 

 sanctuaries created by the Secretary of State, 

 after consultation with local authorities as 

 to local order and with owners and occupiers 

 of the land in regard to sanctuaries. 



Sunday protection (8) is given to all birds. 



The forfeiture of bird, nest, or eggs (9) is 

 made compulsory, and any gun or other 

 instrument may be also forfeited at the option 

 of the court. 



The provisions of (10) the Pole Trap Act 

 and the Act of 1908 (12) are incorporated in 

 the new Bill. 



The Bill extends to St. Kilda (11) with 

 the addition of the St. Kilda Wren to the 

 First Schedule and omission of the Fulmar 

 Petrel from the Second Schedule. 



