Part 1Hunting a wild mammal using a dog

Exceptions to the offences

6Exception: falconry, game shooting and deer stalking

1

This section applies if—

a

a person is using a dog above ground to—

i

search for, stalk or flush from cover a wild mammal, with the intention of providing quarry for falconry, game shooting or deer stalking,

ii

search for and retrieve a wild mammal which has been killed as a result of the activity mentioned in sub-paragraph (i), and

b

the conditions set out in subsection (2) are met.

2

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 two dogs,

b

any dog used in the activity is under control,

c

reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,

d

permission for the activity has been given by the owner of the land on which the activity takes place,

e

the wild mammal which is being searched for, stalked or flushed is shot dead, or killed by a bird of prey, as soon as reasonably possible,

f

if an attempt to kill the wild mammal, as mentioned in paragraph (e), 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.

3

In this section—

  • “deer stalking” means the stealthy approach of a deer in order to shoot it for sport,

  • “falconry” means the use of a bird of prey to hunt for sport,

  • “game shooting” means shooting wild mammals for sport,

  • “quarry” means the wild mammal intended to be killed by a bird of prey or shot.