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Bird Scarers and Gas Guns

Many farmers use these bird scarers and gas guns to protect their crops from damage by birds.

There are two main categories of these devices, although some may combine elements of both types:

• Auditory: these imitate the sound of gunfire or birds’ distress calls, or use sirens or a constant hum.
• Visual: these use birds’ fear of humans, predatory species and sudden movements.

Naturally, both of these types have the potential to cause problems for passing horses. The NFU produce a Code of Practice (pdf) on the use and positioning of bird scarers, which is promoted to their members.

There are some legal controls that may possibly be used if devices cause problems.

The Firearms Act 1968 requires a firearms certificate to be obtained if bird-scaring cartridges are used.

The Environmental Protection Act 1990 includes powers to deal with nuisance from auditory bird scarers.

These have been used successfully to stop offending farmers from using such scarers.

The Air Navigation Order 1980 requires the consent of the Civil Aviation Authority to fly kites or balloons (visual scarers) above 60 metres (200 feet).

The Wildlife and Countryside Act 1981 protects wild birds. General licences are issued by Natural England and the Welsh Assembly Government (WAG), which allows authorised persons (including owners and occupiers of land and their representatives) to take and kill certain species regarded as ‘pest birds’. Some other species can only be killed under a different licence issued by Natural England and the Welsh Assembly Government (WAG). Scarers likely to injure wild birds are prohibited.

Obviously this is not prescriptive and every case is individual. If you wish to make a complaint, it may be wise to take some legal advice. If you're a BHS Gold member, you can contact the free legal advice helpline (detailed on your membership card). 

If you're unfortunate enough to be involved in an incident with a bird scarer, please report your experience online. We can only go to those who can make changes if we have evidence of problems encountered.

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