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Hunting Act 2004
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==Exempt hunting== The Act exempts some limited forms of hunting believed to be necessary.<ref name=Hansard161202/> Hunting with dogs is exempt from the Act if it falls within a class listed in Schedule 1, which may be amended by an [[Statutory instrument (UK)|Order]] made by the [[Department for Environment, Food and Rural Affairs|Secretary of State for the Environment]].<ref>Hunting Act 2004, [https://www.legislation.gov.uk/ukpga/2004/37/section/2 Section 2], legislation.gov.uk, accessed 24 December 2022</ref> Schedule 1 of the Act specifies nine forms of hunting with dogs which are exempt, subject to conditions in each case:<ref name=Schedule1>Hunting Act 2004, [https://www.legislation.gov.uk/ukpga/2004/37/schedule/1 Schedule 1], legislation.gov.uk, accessed 24 December 2022</ref> #Stalking and flushing out #Use of dogs below ground to protect birds for shooting #Rats #Rabbits #Retrieval of hares #Falconry #Recapture of wild mammal #Rescue of wild mammal #Research and observation The [[Countryside Alliance]] has noted that "The Act makes it an offence to hunt a mouse with a dog but not a rat, you can legally hunt a rabbit but not a hare. You can flush a fox to guns with two dogs legally but if you use three it's an offence. You can flush a fox to a [[bird of prey]] with as many dogs as you like."<ref>{{cite news|url=https://www.telegraph.co.uk/earth/outdoors/8113716/The-rise-and-fall-of-Mr-Fox.html|archive-url=https://web.archive.org/web/20101107015552/http://www.telegraph.co.uk/earth/outdoors/8113716/The-rise-and-fall-of-Mr-Fox.html|archive-date=7 November 2010|newspaper=The Telegraph|access-date=16 January 2011|title=The Rise and Fall of Mr. Fox|location=London|first=Adam|last=Edwards|date=5 November 2010}}</ref> ===Stalking and flushing out=== Traditionally, in some upland areas, foxes were flushed by packs of dogs to be shot.<ref>{{cite web|url=http://www.defra.gov.uk/rural/hunting/inquiry/evidence/welshhounds.htm |archive-url=http://webarchive.nationalarchives.gov.uk/20080730144206/http://www.defra.gov.uk/rural/hunting/inquiry/evidence/welshhounds.htm |archive-date=30 July 2008 |last=Jones |first=K. |year=2000 |title=Federation of Welsh Packs submission to Burns Inquiry |publisher=Defra |access-date=19 February 2008 }}</ref> Stalking and flushing out are exempt under the Act, subject to five conditions:<ref name=Schedule1/> Firstly, the stalking or flushing out is for the purpose of preventing or reducing serious damage which the wild mammal would otherwise cause to livestock, to game birds or wild birds, to food for livestock, to crops, to growing timber, to fisheries, to other property, or to biological diversity; or for obtaining meat for human or animal consumption; or for participation in a [[field trial]] competition in which dogs flush animals out of cover and/or retrieve animals that have been shot.<ref name=Schedule1/> Secondly, the stalking or flushing out must take place on land which belongs to the person doing the stalking or flushing out or which he has been given permission to use for the purpose.<ref name=Schedule1/> Thirdly, only one or two dogs may be used.<ref name=Schedule1/> Fourthly, the use of a dog below ground is limited as in the next section.<ref name=Schedule1/> Fifthly, reasonable steps must be taken to ensure that as soon as possible after being found or flushed out, the wild mammal is shot dead by a competent person, and that each dog used is kept under sufficiently close control to ensure that it does not obstruct the prevention or reduction of serious damage.<ref name=Schedule1/> Flushing to guns is still permitted in Scotland under the Protection of Wild Mammals (Scotland) Act 2002.<ref name="Scottish Act">{{cite web|url=http://www.opsi.gov.uk/legislation/scotland/acts2002/asp_20020006_en_1 |title=Protection of Wild Mammals (Scotland) Act |year=2002 |publisher=HMSO |access-date=12 February 2008 |archive-url=https://web.archive.org/web/20080226111531/http://www.opsi.gov.uk/legislation/scotland/acts2002/asp_20020006_en_1 |archive-date=26 February 2008}}</ref> However MPs, in making law for England and Wales, decided that this activity did result in unnecessary suffering, not least because it is more difficult to control a large number of hounds in dense woodland where this activity used to take place.<ref>{{cite web|url=https://publications.parliament.uk/cgi-bin/newhtml_hl?DB=semukparl&STEMMER=en&WORDS=it%20is%20more%20than%20twice%20as%20difficult%20to%20keep%20two%20dogs%20under%20control%20one%20dog&ALL=&ANY=&PHRASE=%22it%20is%20more%20than%20twice%20as%20difficult%20to%20keep%20two%20dogs%20under%20control%20than%20one%20dog%2e%20%22&CATEGORIES=&SIMPLE=&SPEAKER=&COLOUR=red&STYLE=s&ANCHOR=muscat_highlighter_first_match&URL=/pa/cm200203/cmstand/f/st030204/pm/parti/30204s08.htm#muscat_highlighter_first_match|title=Official Report, Commons|date=4 February 2003|access-date=25 February 2008|publisher=House of Commons}}</ref> This exemption was claimed by one [[deer hunting|stag hound]] pack in the [[Exmoor]] area. In an appeal judgment following the conviction of two stag hunt officials, the judge said that such hunting conducted primarily for recreation was unlawful.<ref name="QSH appeal">{{cite web|url=http://www.league.org.uk/uploads/documents/doc_480.pdf |title=League Against Cruel Sports vs. Down & Pillivant |date=2 October 2007 |last=Williams |first=Judge W. |publisher=League Against Cruel Sports|archive-url=https://web.archive.org/web/20100602041058/http://www.league.org.uk/uploads/documents/doc_480.pdf |archive-date=2 June 2010}}</ref> === Use of dogs below ground to protect birds for shooting=== Hunting below ground often took place with [[Working terrier|terriers]], and the Act outlaws hunting with terriers, apart from a narrowly drawn exemption, described by the Minister, Alun Michael MP, as existing "for [[gamekeeper]]s".<ref>{{cite web|url=https://publications.parliament.uk/pa/cm200203/cmhansrd/vo030630/debtext/30630-17.htm#30630-17_spnew10|title=Official Report, Commons|publisher=House of Commons|date=30 June 2003|access-date=19 February 2008}}</ref> The use of one such dog is exempt, but only in the course of stalking or flushing out, and in accordance with four conditions.<ref name=Schedule1/> The activity must be carried out "for the purpose of preventing or reducing serious damage to [[gamebird]]s or wild birds which a person is keeping or preserving for the purpose of their being shot."<ref name=Schedule1/> The stalker or person doing the flushing out must have written evidence that the land concerned belongs to him, or that he has been given permission to use it for the purpose, and must make the evidence immediately available for inspection by a constable who asks to see it.<ref name=Schedule1/> Only one dog can be used below ground at any time.<ref name=Schedule1/> Reasonable steps must be taken to ensure that *as soon as possible after being found the wild mammal is flushed out from below ground and is shot dead by a competent person *the dog is under close control *injury to the dog is prevented; and *the use of the dog complies with any code of practice issued or approved by the Secretary of State.<ref name=Schedule1/> Despite this, many [[fox hunting|fox hunts]] continue to use terriers regularly. Three people, not associated with hunts, have pleaded guilty to offences under the Hunting Act 2004 for hunting with terriers and a fourth was found guilty after a trial.<ref name="League convictions list">{{cite web|url=http://www.league.org.uk/convictions |title=Hunting Act convictions |publisher=League Against Cruel Sports |date=January 2008 |access-date=19 February 2008 |archive-url=https://web.archive.org/web/20110722095717/http://www.league.org.uk/convictions |archive-date=22 July 2011}}</ref> ===Hunting rats and rabbits=== In enacting the Hunting Act, parliament accepted the view that the hunting of rats and rabbits is legitimate, as they are pests.<ref name=Hansard161202>{{cite web|url=https://publications.parliament.uk/pa/cm200203/cmhansrd/vo021216/debtext/21216-16.htm#21216-16_spnew15|title=Official Report, Commons|date=16 December 2002|access-date=19 February 2008|publisher=House of Commons}}</ref> Parliament did not believe there was any necessity to use dogs to hunt mice, so provided no such exemption.<ref>{{cite web|url=https://publications.parliament.uk/pa/ld200304/ldhansrd/vo041028/text/41028-10.htm#41028-10_spnew3|title=Official Report, Lords|date=28 October 2004|access-date=27 February 2008}}</ref> The hunting of rats and rabbits is exempt only if it takes place on land which belongs to the hunter, or which he has been given permission to use for the purpose by the occupier or (if unoccupied) by an owner.<ref name=Schedule1/> ===Retrieval of hares=== The hunting of a hare which has been shot is exempt if it takes place on land which belongs to the hunter, or which he has been given permission to use for the purpose.<ref name=Schedule1/> In a private prosecution under the Act brought by the [[International Fund for Animal Welfare]] (IFAW) who had observed two [[hare coursing]] events in villages near [[Malton, North Yorkshire]] in March 2007 organised by the Yorkshire Greyhound Field Trialling Club, the District Judge in [[Scarborough, North Yorkshire|Scarborough]] [[magistrate]]s court clarified that the club was mistaken in believing that because the dogs they had been using were [[Muzzle (device)|muzzled]], the practice was lawful.<ref name=BBC1Sep09>{{cite news |url=http://news.bbc.co.uk/1/hi/england/8231495.stm |title=TV chef admits hunting offences |date=1 September 2009 |access-date=1 September 2009 | publisher=BBC News}}</ref> ===Falconry=== In making [[falconry]] an exempt form of hunting, the Act lays down two conditions.<ref name=Schedule1/> "Flushing a wild mammal from cover is exempt hunting if undertaken for the purpose of enabling a bird of prey to hunt the wild mammal."<ref name=Schedule1/> Such activity must be done on land which belongs to the hunter or which he has been given permission to use for the purpose.<ref name=Schedule1/> Many traditional hunts have bought birds of prey and say that they are using hounds to flush foxes to the bird of prey. Many experts, such as the Hawk Board, deny that any bird of prey can reasonably be used in the British countryside to kill a fox which has been flushed by (and is being chased by) a pack of hounds. If this view proves to be correct, then it is unlikely that such a use of dogs is lawful.<ref>{{Cite magazine|last=McLeod |first=I.|year=2005|title=Birds of prey and the Hunting Act 2004|magazine=[[Justice of the Peace (magazine)|Justice of the Peace]] |issue=169|pages=774β775}}</ref> Expert opinion on the limitations of flushing foxes to birds of prey will be available to advise courts considering such cases, when they are litigated. For now, the question of what is lawful remains to be determined.<ref name=Schedule1/> ===Recapture of wild mammal=== This exemption is for the hunting of a wild mammal which has escaped or been released from captivity, subject to these conditions:<ref name=Schedule1/> The activity must take place on land which belongs to the hunter, or on land which he has been given permission to use for the purpose, or with the authority of a constable.<ref name=Schedule1/> Reasonable steps must be taken to ensure that as soon as possible after being found the wild mammal is recaptured or shot dead by a competent person, and that each dog used in the hunt is kept under close control.<ref name=Schedule1/> The wild mammal must not have been released or allowed to escape for the purpose of being hunted.<ref name=Schedule1/> ===Rescue of wild mammal=== The hunting of an injured wild mammal is exempt, subject to these conditions:<ref name=Schedule1/> The hunter must reasonably believe that the wild mammal is or may be injured.<ref name=Schedule1/> The hunting must be for the purpose of relieving the wild mammal's suffering.<ref name=Schedule1/> No more than two dogs may be used.<ref name=Schedule1/> There must be no use of a dog below ground.<ref name=Schedule1/> The activity must take place on land which belongs to the hunter or which he has been given permission to use for the purpose or with the authority of a constable.<ref name=Schedule1/> Reasonable steps must be taken to ensure that as soon as possible after the wild mammal is found appropriate action (if any) is taken to relieve its suffering, and that each dog used in the hunt is kept under close control.<ref name=Schedule1/> The wild mammal must not have been harmed to enable it to be hunted under this exemption.<ref name=Schedule1/> ===Research and observation=== The last form of exempt hunting which is provided for in the Act is subject to these conditions:<ref name=Schedule1/> The hunting must be undertaken "for the purpose of or in connection with the observation or study of the wild mammal."<ref name=Schedule1/> No more than two dogs may be used, and no dog below ground.<ref name=Schedule1/> The activity must take place on land which belongs to the hunter, or which he has been given permission to use for the purpose.<ref name=Schedule1/> Each dog used must be kept under close control to ensure that it does not injure the wild mammal.<ref name=Schedule1/>
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