Part 1Hunting a wild mammal using a dog

Exceptions to the offences

I1I28Exception: searching for dead wild mammals

1

This section applies if—

a

a person is using a dog above ground to search for and retrieve a dead wild mammal, 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

either—

i

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

ii

the person carrying out the activity is a constable exercising a power of entry,

iii

the person carrying out the activity is exercising a power of entry under section 14M or 14N of the Wildlife and Countryside Act 1981, or

iv

the person carrying out the activity is exercising a power of entry under section 15 of the Deer (Scotland) Act 1996,

e

reasonable steps are taken to ensure that no wild mammal is pursued, injured or killed.