Proposed change to UK law on possessing wild bird eggs leads Defra, Welsh government to re-instate Pre-1981 Defence

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UK ministers proposed an amendment to the law on the possession of wild bird eggs. The proposed change will lead the Defra and Welsh governments to re-instate the Pre-1981 Defence.

BBC reported that the UK government is expected to make changes to the law on owning wild bird eggs. Defra and the Welsh administration met to discuss the grounds for offence of the possession of wild bird eggs. Ministers proposed to re-instate the Pre-1981 Defence, which will not prosecute owners as long as they prove that the eggs were taken from the wild before 1981.

It is illegal in England and Wales to possess wild bird eggs unless granted license, as per the Wildlife & Countryside Act 1981. In 2004, the law was altered to criminalize owners who have no license to possess wild bird eggs and cannot show proof that the eggs were taken from the wild prior the Protection of Birds Act 1954.

However, the 2004 changes were considered illegitimate due to lack of public consultation. Authorities said that the amended law will criminalize individuals involved in the collection and trade of wild bird eggs.

The UK government proposed two options to the public: maintain the Pre-1954 exemption or re-instate the Pre-1981 Defence. Among the consultees are museums, non-government offices (NGOs), and charities. Majority voted to re-instate the Pre-1981 Defence, reasoning that it is a "proportionate response".

However, critics say there are many loopholes in the 1981 law. At hindsight, the Pre-1981 Defence can also give offence to people who legally owned wild bird eggs between 1954 and 1981. Animal welfare charities preferred to maintain the Pre-1654 exceptions because it targets illegal owners of bird eggs.

Keeping wildlife as pets also warrants criminal offence in the United Arab Emirates. According to a previous report by Lawyer Herald, three people were charged after a pet lioness escaped from home and prowled a neighborhood in Dubai.

Defra and the Welsh government intend to re-instate the Pre-1981 Defence, considering that the bill underwent thorough scrutiny when it was passed. Owners of historical collections with scientific value are encouraged to turn them over to museums for research and preservation.

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