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.