Originally Posted by
Luke
Could be wrong, but i was not aware using lurchers on rabbits when ferreting or on the lamp, or using a terrier on rats was illegal
As far as i knew it was only hunting fox with hounds that had been banned.
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From DEFRA
http://www.defra.gov.uk/rural/huntin...ing_qa_a.htm#6
The Hunting Act
What exactly does the Act do?
The Hunting Act makes it an offence to hunt a wild mammal with dogs, apart from the tightly-drawn exemptions set out in the Schedule to the Act. The ban covers the hunting with dogs of all wild mammals, including fox, deer, hare and mink. The Act also completely bans hare coursing.
What are the main provisions of the Act?
The Act makes it an offence for anyone to hunt a wild mammal with a dog, subject to the exemptions in Schedule 1 of the Act. It also makes it an offence for a person to knowingly permit their land or dogs to be used for such hunting. It outlaws hare coursing, and makes it an offence to participate in, attend, facilitate or allow dogs to be used in such events.
The Act gives the police powers to arrest anybody they reasonably suspect to have committed, be committing or be about to commit certain offences. It provides that a person found guilty of an offence is liable on conviction in a magistrates’ court to a fine of up to £5,000. It also entitles the police to stop and search persons, vehicles, animals or possessions; and to seize vehicles, dogs or possessions for use as evidence in prosecutions.
The Act also gives the Courts powers to order persons convicted to forfeit relevant dogs, vehicles or hunting articles; and provides for these items to be destroyed, disposed of or returned.
What are the exemptions?
The exemptions from the offence of illegal hunting permit the following types of hunting:
* Stalking and flushing out
* Use of a dog below ground, in the course of stalking and flushing out, to protect birds being kept or preserved for shooting
* Hunting rats and rabbits
* Retrieval of hares which have been shot
* Falconry
* Recapture of wild mammals
* Rescue of wild mammals
* Research and observation
Some commentators have suggested that there is some confusion about these exemptions, but they are set out very clearly in Schedule 1 to the Act. The intention has always been to make it very simple for people who want to obey the law to know what they can and can’t do. These exemptions are subject to strict conditions (eg on the number of dogs which can be used in stalking and flushing out (two) and on obtaining permission to carry out the activity on the land on which it is to take place). The Schedule also requires that anyone intending to rely on the stalking and flushing out exemption must ensure that animals flushed out are shot as soon as possible afterwards by a competent person. These stringent conditions are intended to prevent abuse of the exemptions.
What is Hunting under the Act?
While it is ultimately for the courts to define what constitutes hunting in the light of cases brought before them, hunting should be understood in its ordinary English meaning, which includes searching for wild mammals, chasing them, or pursuing them with the intention of catching or killing them. The Act specifically relates to hunting with dogs. If no dogs are used, the Act does not apply. Hunting is an intentional activity, and there can be no such thing as accidental hunting. The Act makes clear that hunting with dogs includes engaging alone or participating with others in the pursuit of a wild mammal where a dog is used in that pursuit.
Is hunting different from chasing away?
The Act deliberately does not define hunting with dogs because the term should be understood in its ordinary English meaning, which includes using dogs to search for wild mammals, chase them, or pursue them with the intention of catching or killing them. The deliberate use of dogs to chase a wild mammal, even if there is no intention of catching it, is hunting and as such is prohibited by the Act. This may include the wilful failure to prevent dogs from chasing wild mammals.
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From the Badger Trust
http://www.badger.org.uk/action/hunting-with-dogs.html
Fox hunting
Over the years a number of hunt terriermen and other people with strong connections to their local fox hunts have been convicted of badger offences.
In addition, prior to February 18th 2005, 'earth stoppers' would go out before a hunt took place, visit all the badger setts in the vicinity of the hunt and 'stop' them (block up the sett entrances). In theory, this work was done in accordance with the Protection of Badgers Act 1992. The Act laid down strict conditions for the blocking of sett entrances in connection with fox hunts, and stoppers were only permitted to use materials which were easy for the badgers to remove. However, we received many reports of setts being blocked with materials such as rocks, tree trunks and heavy soil. Often, badgers could not dig their way out and died underground.
Now that fox hunting is illegal, there is no longer any need for the provisions in the Protection of Badgers Act which allowed badger setts to be blocked up before hunts took place, and the Hunting Act has repealed those provisions.
Terrier work
Terriers have been bred specifically for hunting animals - particularly foxes but also badgers - underground in their burrows. The use of terriers to hunt and kill foxes in this way was entirely legal before the Hunting Act became law. Unfortunately, this provided a cover for those who also engaged in illegal badger digging. Many of those who have been caught digging into badger setts have used the excuse that they were after foxes - and many have escaped prosecution by so doing.
Although it is no longer legal to use terriers (or any other dogs) to hunt and kill foxes, there is a provision in the Hunting Act which allows the use of dogs to stalk or flush wild mammals below ground, for the purpose of preventing serious damage to game birds or wild birds kept or preserved for the purpose of shooting. Only one dog may be used underground at any one time, and the wild mammal must be shot by a competent person as soon as possible after being flushed from below ground. Various other conditions must also be complied with, including the principles set out in a Code of Practice. Provided that all of these conditions are met, the use of terriers or other dogs in this manner will be regarded as 'exempt hunting' and will be legal.
The Badger Trust is extremely disappointed that the use of dogs below ground was not banned under the Hunting Act. We believe that even with the new restrictions, the use of dogs below ground will be used as a cover for illegal badger digging.
Lamping
Lamping involves hunting at night with powerful spotlights. Some lampers shoot their quarry with high-powered rifles, while others use 'long dogs' or lurchers to chase down their victims. The usual targets for lampers have been foxes and rabbits. Lamping for these species, with guns or dogs, has always been legal so long as it was carried out with the landowner's permission. Unfortunately, much illegal lamping has also taken place (and probably still does), with lampers using guns or dogs to take not only foxes or rabbits, but also badgers.
Under the Hunting Act, the practice of lamping foxes with dogs is now illegal. Hunting for rabbits with dogs however is regarded as 'exempt hunting' under the Hunting Act and is therefore legal provided that it is carried out with the permission of the landowner or occupier. The Badger Trust believes that while the hunting of rabbits with dogs at night remains legal, this will provide a cover for illegal lamping of badgers with dogs.
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