Editing Hunting Act 2004 (section)

===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>