Part 1Hunting a wild mammal using a dog
Exceptions to the offences
5Exception: management of foxes below ground
1
This section applies if—
a
a person is using a dog to—
i
search for a fox below ground, or
ii
flush a fox from below ground,
with the intention of killing it for one or more of the purposes set out in subsection (2), and
b
the conditions set out in subsection (3) are met.
2
The purposes referred to in subsection (1)(a) are—
a
preventing serious damage to livestock, woodland or crops,
b
preventing the spread of disease,
c
protecting human health,
d
relieving the suffering of an injured or dependent fox.
3
The conditions referred to in subsection (1)(b) are that—
a
the activity mentioned in subsection (1)(a) does not involve the use of more than one dog,
b
the dog used in the activity is—
i
under control,
ii
fitted with a device to allow tracking of the position of the dog below ground,
c
reasonable steps are taken—
i
to prevent the dog becoming trapped below ground, and
ii
if the dog becomes trapped below ground, to ensure that it is rescued as soon as reasonably possible,
d
permission for the activity has been given by the owner of the land on which the activity takes place,
e
no steps are taken to prevent the fox from being flushed or emerging from below ground,
f
if the fox which is being searched for or flushed is found or emerges from below ground, it is shot dead, or killed by a bird of prey, as soon as reasonably possible,
g
if an attempt to kill the fox, as mentioned in paragraph (f), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.
4
In this section, “dependent” means that the mother of a fox is dead and it is too young to survive on its own.