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.