REINTRODUCTIONS

This briefing note addresses some of the key legal obligations and requirements that may apply to any rewilding projects seeking to reintroduce animals to their landscapes in England and Wales.

The legislative framework for wildlife reintroductions varies between England, Wales and Scotland. This note focuses on England and Wales only. While, in general terms, there are similarities between the primary legislative frameworks applicable to reintroductions in England and Wales, these frameworks are administered by different agencies in England (primarily Natural England) and Wales (primarily Natural Resources Wales) and care should be taken to identify any particular regional differences that may apply to a particular wildlife reintroduction project. Engagement with other UK Government agencies, particularly the Department for Environment, Food & Rural Affairs (“Defra”) and the Animal and Plant Health Agency, may also be necessary for some aspects of wildlife reintroduction projects, for example if engaging in importation of wildlife from outside Britain, or in relation to animal welfare requirements.

1.1 Relevant guidance for reintroduction projects

Other helpful sources of guidance for those considering a wildlife reintroduction project include:

• The IUCN Guidelines for Reintroductions and Other Conservation Translocations (“IUCN Guidelines”).¹ The IUCN Guidelines provide guidance on the justification, design and implementation of wildlife reintroductions and translocations, to maximise the prospects of success of these projects (and minimise any negative impacts). The IUCN Guidelines outline some of the practical steps involved in planning a wildlife reintroduction, including: establishing the project’s objectives, assessing the feasibility of the project, conducting a risk assessment to identify potential impacts of a project, managing project implementation, and conducting project monitoring.

• Defra has published the ‘Reintroductions and other conservation translocations: code and guidance for England’ (the “Reintroductions Code”),² which provides specific guidance (based on the IUCN Guidelines) for reintroduction projects in England. The Reintroductions Code provides further detail on how the IUCN Guidelines interact with the regulatory regime in England. The Code also provides guidance to help in the interpretation of legislation relevant for wildlife reintroductions, however the guidance is non-statutory and does not constitute a legally binding interpretation of the legislation to which it refers.
• Natural England publishes a Wildlife Reintroduction Scoping Form³ which provides a checklist of key considerations that should be taken into account when contemplating a potential reintroduction. It is a requirement to submit this checklist to Natural England when a licence is required as part of a reintroduction project. However, even if a licence is not required, the checklist provides helpful guidance on key considerations to take into account.
• Other briefing notes in this series, which provide an overview of other legal considerations which may be relevant for a wildlife reintroduction (including landowner rights and responsibilities, liability considerations, and land-use restrictions).

These Guidelines and Codes are not legally binding. In particular, where these documents interpret or apply legislation or regulations, this guidance is not a legally binding interpretation of the legislation to which it refers, but instead a reflection of the relevant body’s interpretation of the law at a point in time. In this note, we indicate where these forms of guidance may assist in the interpretation of relevant legal requirements, but this does not override the requirements of underlying legislation.

2.1 Summary

This flowchart identifies the key questions and considerations to determine whether any licences will be required to release an animal into the wild in England and Wales:

2.2 When will a licence be required under section 16 W&C Act 1981?

Under Section 14(1)(a) of the Wildlife and Countryside Act 1981 (W&C Act) it is an offence to release (or allow to escape) into the wild any animal which is not “ordinarily resident in and is not a regular visitor to Great Britain in a wild state” or is listed in Part I, IA or IB of Schedule 9. Any breach of these provisions is punishable by fine and/ or imprisonment.⁴

Where a rewilder wishes to release an animal which fits into either part of this test, a licence is required under section 16 of the W&C Act.

What does “ordinarily resident” and “regular visitor to Great Britain” mean?⁵

• A species is considered by Defra to be ‘ordinarily resident’ in Great Britain if the population has been present in the wild for a significant number of generations and is considered viable in the long term.⁶ If an animal has become extinct, even if recently, Defra considers it not to be ‘ordinarily resident.’ For example, the short haired bumblebee which was declared extinct in 2000, and the Eurasian elk which became extinct in the 13^th century, are considered by Defra to no longer be ‘ordinarily resident’ in Great Britain.⁷ Furthermore, if a population only exists in the first generation at another wildlife reintroduction project, it is less likely to be considered by Defra to be ‘ordinarily resident’ in Great Britain.
• A species is likely to be considered by Defra to be a ‘regular visitor’ to Great Britain if it appears with reasonable frequency or predictability, such as seasonal migratory species. Note that vagrants or strays (i.e., specimens found well outside their normal range) are not ‘regular visitors.’⁸ For example, in 2008, it was reported that an American Common Nighthawk was blown 3,000 miles off course and ended up in the Isles of Scilly, but this bird is not a ‘regular visitor’.

What does a release “into the wild” mean?

• The meaning of what it is to release an animal ‘into the wild’ is not defined in legislation but is generally understood to mean the deliberate introduction of an animal from a condition of captivity into an area considered to be ‘the wild’. Although no legal definition exists, the Reintroductions Code defines ‘the wild’ as “the diverse range of natural and semi-natural habitats species can live in. It includes the wild native flora and fauna of rural and urban areas, which can be described as the general open environment.”⁹
• Whether a given release will be considered to constitute a release ‘into the wild’ is a heavily fact dependent question, which cannot always be answered precisely. For example, in some circumstances, the release of an

animal into an enclosure within the general countryside may still be considered by Defra to constitute a release ‘into the wild’. In such cases, whether a release into the enclosure would be considered by Defra to be a release ‘into the wild’ will depend upon whether the enclosed land comprises natural habitats and associated native flora and fauna living in a wild state that may be impacted.

• According to Defra: “It would create rather perverse outcomes if significant areas of natural habitats containing wild native flora or fauna could be put at risk of being adversely affected by introduced species with regulation precluded merely because of the existence of perimeter fencing or some other boundary feature ultimately confining the introduced species.”¹⁰
• In contrast, animals in secure enclosures in environments that are isolated from the general countryside, and from which escape into the general countryside is highly unlikely (e.g. artificial animal enclosures in zoos), are unlikely to be considered to be ‘into the wild’.
• Further information regarding whether a release is likely to be considered by Defra to be a reintroduction ‘into the wild’ is set out in the Reintroductions Code and earlier guidance is contained in Annex A of the 2007 Defra guidance note Guidance on section 14 of the Wildlife and Countryside Act, 1981.¹¹

What is Schedule 9 and what does it mean for reintroductions?

Schedule 9 identifies three categories of animals:

• Part I: Non-native animals which are established in the wild;
• Part IA: Native Animals; and
• Part IB: Animals no longer normally present.
• A number of species important for rewilding are included in these schedules, e.g. beaver, wild boar, white tailed-eagles and red kites. A number of non-native but widely present species of deer are also included in these schedules.

The specific animals included can change over time so it is best to consult the latest list (available here) when you are considering a reintroduction.

If a species you wish to reintroduce is included in Schedule 9, you will need to apply for a licence under section 16 W&C Act 1981. Eligibility for a licence can be affected by a wide range of factors that are specific to each wildlife reintroduction project, so it is recommended that expert advice be obtained if it is identified that a licence is or may be required for a reintroduction.

Note that the Invasive Alien Species Regulations separately set out animals (and plants) that it is unlawful to release or allow to escape without a licence. Animals subject to restrictions and therefore requiring a licence for release are those listed in: (a) Schedule 2 of the Invasive Species Regulations (Enforcement and Permitting) Order 2019; and (b) Retained European Commission Implementing Regulation 2016/1141.¹²

How do I get a W&C Act 1981 licence?

England and Wales each have different agencies that are responsible for granting licences under the W&C Act 1981, each of which follow different processes for licence applications. Where a licence is obtained, it will contain a range of conditions, including reporting requirements and limits on the scope of the licence. The failure to comply with a licence condition is a breach of the licence and may result in the licence being revoked, as well as the potential for other sanctions under the W&C Act 1981.

In England:

• The relevant licensing authority for licences under the W&C Act 1981 in England is Natural England. In order to apply for a licence you must send a licence application form with a conservation translocation project scoping form to wildlife@naturalengland.org.uk. Copies of the relevant forms for applications to Natural England are available on the Natural England website at the following links: licence application; project scoping form.

• The contents of the licence application form should adhere to the principles embodied in the Reintroductions Code. It is stated in the form that the level of detail to be included in the application should be proportionate to the potential impacts of the translocation. This means for low-risk applications, the applicant will need less information to demonstrate that there are no significant risks or legislative constraints. Where risks or legislative constraints are identified by the applicant, the applicant will need to include sufficient detail for Natural England to understand the impacts of the proposal.
• As part of any application, ecological surveys and consultations with the public and/or community will typically need to be carried out. These surveys and consultations will depend on the location and species proposed for reintroduction, and will require consultation with Natural England or Natural Resources Wales (as applicable).

In Wales:

• The relevant licensing authority for reintroductions in Wales is Natural Resources Wales. In Wales, the licence application forms are specific to the species proposed for reintroduction. Copies of the relevant forms for applications to the Natural Resources Body of Wales are available on their website.
• The point of contact in the Natural Resources Body of Wales is the Species Permitting Team, which can be contacted at specieslicence@naturalresourceswales. gov.uk

2.3 What is the Dangerous Wild Animals Act and how does it impact reintroductions?

When will a licence be required?

The Dangerous Wild Animals Act 1976 (“DWAA”) provides that “no person shall keep any dangerous wild animal except under the authority of a licence granted … by a local authority.”¹³ There are some limited exemptions to this

requirement in section 5 of the DWAA, including where animals are kept in a zoo under the Zoo Licensing Act 1981.

Schedule 1 of DWAA sets out the list of ‘dangerous wild animals,’ which include ‘exotic’ mammals such as lions, bears and hippos, but also includes a number of important native animals such as bison, elk, wild boar, lynx and wolves.14 The DWAA means that any reintroduction project seeking to release an animal listed in Schedule 1 into an enclosed area will need to comply with the terms of the DWAA. The Lifescape Project is undertaking work in relation to the DWAA and would be happy to discuss its application with any rewilding projects considering the wild release of any of the species listed in Schedule 1.

A DWAA licence can be obtained from the relevant local authority. For a licence to be granted, a number of conditions must be satisfied, including the following:

1. the animal must be kept in secure accommodation from which it cannot escape and such accommodation must have been inspected by a veterinary surgeon or practitioner;
2. the animal must be provided with suitable food, drink and exercise;
3. all reasonable precautions must have been taken to prevent and control the spread of infectious diseases; and
4. appropriate steps must be taken for the protection of the animal in an event of an emergency.

Once granted, a DWAA licence will be subject to strict and ongoing compliance conditions, including a requirement that the applicant hold a current and satisfactory insurance policy insuring him and other persons entitled to keep the animal against damage which may be caused by the animal.

How do I get a DWAA licence?

Licences to keep dangerous wild animals are granted by the relevant local authority. An application to a local authority must specify the proposed species of animal and number

of animals to be kept, as well as the premises where any animal will normally be held.15 The local authority will need to be satisfied that all relevant criteria (including those listed above) are satisfied before granting a licence. A veterinary surgeon or veterinary practitioner authorised by the local authority will need to inspect the premises and produce a report before granting a licence. Failure to have a licence where this is required is a criminal offence punishable by fine.¹⁶

2.4 Are there any other relevant licences or permissions required for the release of animals?

In addition to the licences described above, the following restrictions should also be taken into account where relevant:

• Reintroduction of fish species (including molluscs such as mussels): any such release will be subject to specific regulations and will always require a licence for a wildlife reintroduction project. With limited exceptions, it is an offence to introduce or possess with the intention to introduce any fish, crustaceans or molluscs¹⁷ into inland waters without the permission of the Environment Agency or Natural Resources Wales. ¹⁸
• Protected areas: there may be additional statutory or regulatory requirements (including further licences and restrictions) if the proposed wildlife reintroduction is on a site that is subject to specific protections (e.g., SSSIs, SACs, SPAs or Ramsar sites). Those additional requirements may also arise where the reintroduction project may affect such protected sites. Information about whether these designations are applicable to a proposed release site are available on Defra’s MAGiC Maps website, and Natural Resources Wales or Natural England may be able to provide further guidance on the consents required in relation to protected sites. Further information on protected sites is also outlined in a separate briefing note (see Rewilding in England & Wales: Protected Areas and the Rewilding in England & Wales: Planning Permission briefings in this series).
• Public rights of way: if a reintroduction project may impact on public rights of way (for example,

if the proposed site for a reintroduction is on land that is subject to a right of way), or may impact on other species (including protected species), such impacts should be considered at an early stage of the reintroduction project. Further information on accessrelated issues is outlined in a separate briefing note ( see Rewilding in England & Wales: Public Access).

• Zoo licences: if wild animals (being animals of a species that is not normally domesticated in Great Britain) are released into enclosures (including very large enclosures), and kept for exhibition to the public, a zoo licence may be required from the relevant local authority under the Zoo Licensing Act 1981.19 Projects licensed under the Zoo Licensing Act 1981 are subject to detailed compliance requirements – both initially and on an ongoing basis – and specific advice should be obtained if such a project is being considered.

2.5 How do these laws apply in practice?

The following practical examples illustrate indicative licensing considerations for three species: pine marten, white stork and European bison. The conclusions are only indicative and should be confirmed with Natural England or Natural Resources Wales prior to engaging in a reintroduction project.

In addition to the licensing considerations below, a reintroduction project would also need to take into account further considerations such as land use requirements (including protected areas) and impacts on landowners and other stakeholders (including liability for environmental impacts of the project). Some of these considerations are addressed by other briefing notes in this series.

As part of a reintroduction project, ecological surveys and consultations with the public and/or community will also typically need to be carried out. These surveys and consultations will depend on the location and species proposed for reintroduction and will require consultation with Natural England or Natural Resources Wales (as applicable).

3.1 Overview

Even if a licence is not required for the reintroduction of a species, the process of obtaining, relocating, and managing reintroduced animals may give rise to additional licensing or compliance requirements. In particular:

1. Obtaining animals from the wild: the taking of wild birds, and certain species of other wild animals, from a wild location in Great Britain requires a licence and/or may be subject to specific restrictions relating to the method of capture (e.g., restrictions on the types of traps or capture devices used).
2. Keeping, possessing and transporting animals: in order to reintroduce animals to a new location, it is likely to be necessary to keep and transport those animals in the lead-up to their introduction into a new habitat. This phase of the reintroduction process gives rise to specific animal welfare requirements and related obligations, which will vary depending on the species involved and nature of the reintroduction project.
3. Importing of animals from outside Great Britain: the importation of any live animals into Great Britain (including from Northern Ireland) requires specific documentation (and in many cases other requirements must be satisfied, such as veterinary checks). These requirements are beyond the scope of this briefing note, as they vary significantly depending on the species and country of export. If it is intended that live animals be imported from outside Great Britain for a reintroduction project, it is recommended that expert advice is obtained.

3.2 Do I need any licences to capture animals from the wild as part of my reintroduction project?

Several pieces of legislation impose restrictions on the taking, possessing and transporting of protected animal species. In order to obtain and transport these animals for the purpose of a reintroduction project, it is generally necessary to obtain a licence from Natural England or Natural Resources Wales.

In summary:

Wildlife and Countryside Act 1981

In addition to licences being required to reintroduce certain species under the W&C Act 1981, the Act also requires a licence to be obtained in order to take, possess, or capture protected species of wild animals. In particular:

1. Section 1 provides that a licence is required to take any wild bird or egg of a wild bird (except those specified in Schedule 2 outside the relevant closed season);²⁰
2. Section 9 makes it an offence to intentionally kill, injure or take any wild animal specified in Schedule 5 (subject to certain exceptions including any such action pursuant to a licence issued under Regulation 55 of the Conservation of Habitats and Species Regulations 2017 (the “Habitats Regulations”); and
3. Section 11 prohibits the use of certain traps (e.g., cage traps) or other devices for capturing certain animals specified in Schedules 6 and 6ZA (except for limited purposes).

There is some overlap in the species listed in the W&C Act 1981 and the Habitats Regulations (detailed below). Accordingly, it may in some instances be necessary to apply for and obtain licences to obtain and possess protected wild animals under both pieces of legislation (as well as obtaining any licence required to reintroduce those species).

The Habitats Regulations²¹

The Habitats Regulations protect wild animals and plants of a European protected species or of Community Interest. The list of European protected species that have a natural range which includes any area in Great Britain are set out in Schedule 2 of the Habitats Regulations and include species such as dormouse, natterjack toad, beavers and otters.²²

Under Regulation 43 of the Habitats Regulations, a person who does any of the following to a European Protected Species is guilty of an offence:

• deliberately captures, injures or kills any wild animal of a European protected species,
• deliberately disturbs wild animals of any such species,
• deliberately takes or destroys the eggs of such an animal, or
• damages or destroys a breeding site or resting place of such an animal.

It is a separate offence to possess, control, transport, sell or exchange a European protected species or any other animal listed in Annex IV(a) of the Habitats Directive (see link, p 44)²³.

Such prohibitions are overcome by obtaining a licence under Regulation 55 of the Habitats Regulations. Licences may be granted for a number of reasons including for “conserving wild animals or wild plants or introducing them to particular areas”. With some limited exceptions, the licences will be issued by Natural England or Natural Resources Wales who must be satisfied that the grant of the licence would be consistent with the requirements of Article 16(1)(e) of the Habitats Directive (namely “under strictly supervised conditions, on a selective basis and to a limited extent” and “in limited numbers”).²⁴ Furthermore, Natural England / Natural Resources Wales must not grant a licence under this Regulation unless it is satisfied: (a) that there is no satisfactory alternative; and (b) that the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.²⁵

Care must be taken to ensure the contents of any licence application is accurate, as the failure to do so can be a criminal offence.²⁶

It is also a criminal offence to fail to comply with a licence condition, unless the relevant individual can show: (a) they took all reasonable precautions and exercised all due diligence to avoid commission of the offence, or (b) the commission of the offence was otherwise due to matters beyond their control.²⁷ Accordingly, a detailed plan encompassing a risk assessment, a series of controls, owners of those controls, and testing or closure dates for the controls should be drawn up to ensure the terms of the licence are complied with.

Separately, it is an offence to use certain prohibited means of capturing or killing European protected species and those listed in Schedule 4 of the Habitats Regulations (which includes e.g. pine marten and various species of seal)²⁸ . If these provisions apply to the target species for a relocation, care will need to be taken to ensure these requirements are complied with.

Specific species-related legislation

In addition to the general protections under the W&C Act 1981 and the Habitats Regulations, there is specific legislation that aims to protect badgers and deer:

• The Protection of Badgers Act 1992 makes it a criminal offence to “take a badger” or interfere with a badger’s sett,²⁹ unless a relevant exception applies. If badgers are required for a wildlife reintroduction project or need to be removed for a wildlife reintroduction project, then a licence will be required, either authorising the taking and sale of a badger, or the removal of a badger.
• The Deer Act 1981 sets out restrictions on taking and killing certain species of deer, including Chinese water deer, fallow deer, red deer, red/sika deer hybrids, roe deer and sika deer. If these species are to be taken or killed as part of a wildlife reintroduction project, then this must not be done in the closed seasons set out in Schedule 1 of the Act.

3.3 What animal welfare obligations do I need to comply with?

It is important that all aspects of the reintroduction process, including the capture, transport, holding and release of a species, are designed so as not to cause stress, harm or death to the translocated species. The Animal Welfare Act 2006 (“AWA”) and other relevant welfare legislation such as, in the case of mammals, the Wild Mammals (Protection) Act 1996 (“WMPA”) impose specific requirements and duties on those that interact with animals to ensure appropriate levels of animal welfare protection. In particular, anyone acting under a licence issued by Natural England or Natural Resources Wales is expected to comply with all relevant animal welfare legislation, including the AWA. If the species to be translocated is captured in another country, you will also need to comply with any relevant animal welfare legislation of that country (including EU law) and should also consider relevant best practice principles such as the IUCN Guidelines.

Scope of the AWA and WMPA

The AWA imposes obligations on individuals in relation to “protected animals,” which include both domesticated animals, and wild animals under human control. In particular:

• Animals of a kind “commonly domesticated” in the British Islands are “protected animals” under the AWA, whether or not they are “under the control of man” on a permanent or temporary basis. Kinds of animals which are considered commonly domesticated in the British Islands are those “whose collective behaviour, life cycle, or physiology has been altered as a result of their breeding and living conditions being under human control, in the British Islands, for multiple generations.”³⁰
• Wild animals (animals of a kind not “commonly domesticated” in the British Islands) are also “protected animals” under the AWA where they are either (i) under human control, be it on a temporary or permanent basis; or (ii) are no longer under human control (for example, animals that have escaped captivity) but are not yet living “in a wild state”. Therefore, wild animals kept for the purposes of reintroduction projects may be protected under the AWA, for example, whilst they are held in an enclosure (potentially including large areas of fenced land), pen or cage trap, during transportation, whilst caught in a net (including a mist net) or snare, or whilst held in the hand.³¹

The WMPA extends animal welfare obligations to certain wild mammals that are not otherwise subject to protections under the AWA. The WMPA defines a “wild mammal” as any mammal which is not a “protected animal” within the meaning of the AWA, meaning that the WMPA applies to wild mammals which are not otherwise subject to the protections contained under the AWA.

The WMPA provides that it is an offence to mutilate, kick, beat, nail or otherwise impale, stab, burn, stone, crush, drown, drag or asphyxiate any wild mammal with intent to inflict unnecessary suffering. The WMPA includes certain exceptions for humane acts, and those authorised by other laws.³²

Responsibility under the AWA

Responsibility for an animal under the AWA generally arises where a person: (i) owns the animal; or (ii) can be said to have assumed responsibility, whether on a temporary or permanent basis, for its day-to-day care or for its care for a specific purpose.³³

Accordingly, in the context of reintroduction, the persons undertaking the reintroduction will have obligations under AWA to the extent the animal being reintroduced remains under their control or care (including the period during which the animal is within captivity or being transported to the reintroduction site). Others may also have obligations under the AWA, such as the person in charge of transporting the translocated animal.³⁴

Where a person is responsible for an animal, they are required under Section 9 of the AWA to take reasonable steps to ensure that the needs of an animal for which they are responsible (as defined in the AWA) are met to the extent required by good practice. For the purposes of the AWA, an animal’s needs shall be taken to include:

1. a suitable environment;
2. a suitable diet;
3. to be able to exhibit normal behaviour patterns;
4. to be housed with or apart from or with other animals; and
5. protection from pain, suffering, injury and disease.³⁵

Other provisions of the AWA which may apply to a wildlife reintroduction include the following:

Unnecessary suffering (Section 4)

A person commits an offence if:

1. their act, or failure to act, causes a protected animal to suffer, either physically or mentally;
2. he knew or could be reasonably expected to know that an animal would suffer as a result of that act or failure to act; and
3. the suffering is unnecessary.

The AWA also provides that a person responsible for an animal who permits another person to cause unnecessary suffering will also commit an offence if they fail to take reasonable steps to prevent the suffering from taking place, for example, by failing to supervise that other person.36 An offence of ‘permitting’ unnecessary suffering caused by another can only be committed by a person in relation to an animal for which they are ‘responsible’ (as defined in the AWA).³⁷

The AWA sets out considerations to which the courts would have regard in determining whether the suffering is unnecessary. Considerations focus on “the necessity, proportionality, humanity and competence of the conduct”.³⁸ These include whether:

1. the suffering could reasonably have been avoided or reduced;

1. the conduct which caused the suffering was in compliance with any relevant laws, a licence or code of practice – where suffering inevitably occurs in the course of complying with any regulations, licence or code of practice, an offence would not normally be committed;
2. the conduct which caused the suffering was for a legitimate purpose, such as to benefit the animal, or to protect a person, property or another animal;
3. the suffering was proportionate to the purpose of the conduct concerned; and
4. whether the conduct concerned was in all the circumstances that of a reasonably competent and humane person.

If the translocation is under a licence issued by Natural England, it is important to ensure that the requirements of the licence are met, including the use of the appropriate equipment permitted by the licence (e.g., trap, net etc.) and to ensure that it is used competently.

Mutilation (Section 5 of AWA)

This offence will be particularly relevant to techniques used in wildlife conservation and research where, for example, animals will need to be tagged or identified.

A person commits an offence if they carry out, or cause to be carried out, a procedure that involves “interference with the sensitive tissues or bone structure of the animal, otherwise than for the purpose of its medical treatment” (referred to in the AWA as a “prohibited procedure”).³⁹ Techniques that do not penetrate living tissue are not considered mutilations (e.g., ringing, use of collars, attachment of radio tags by harness or glue and wing clipping by cutting the primary feathers of a bird’s wing).

The AWA makes provision for the Secretary of State and the National Assembly for Wales to specify procedures which will be exempted from this general prohibition of mutilation. An example of such exempt procedures is the Mutilations (Permitted Procedures) (England) Regulations 2007 (as amended) (the “Mutilations Regulations”), which permits

certain commonly used wildlife identification techniques to be used, despite technically being “mutilations”, provided that they are carried out in such a way as to minimise pain or suffering, in hygienic conditions and in accordance with good practice.⁴⁰ These exceptions include ear clipping/ notching, branding, micro-chipping, tattooing and the insertion of tracking devices.⁴¹