Improving the protection of wild mammals: consultation analysis

Footnotes

1. Protection of Wild Mammals (Scotland) Act 2002 – See https://www.legislation.gov.uk/asp/2002/6/contents. Sections 2-5 set out the range of 'exceptions' in which dogs may be used in the hunting of wild mammals.

2. Lord Bonomy (2016) Report of the Review of the Protection of Wild Mammals (Scotland) Act 2002. Scottish Government. See http://www.gov.scot/Resource/0051/00510246.pdf.

3. See review report, pages 9 and 10.

4. The total number of responses for each campaign was provided by the Scottish Government. No independent verification of these figures was undertaken as part of this analysis.

5. Published responses to the consultation are available at: https://consult.gov.scot/wildlife-management-and-protected-areas/improving-protection-for-wild-mammals/consultation/published_select_respondent.

6. The use of the word 'deliberately' is discussed further in relation to Question 1.2.

7. This definition was offered by Lord Bonomy in paragraph 5.15 of the review report.

8. Some campaign respondents stated that mounted hunts in England and Wales practise 'trail hunting' which involves using a pack of hounds to follow a fox-based scent. This then becomes the hunt of a live fox if one is 'accidentally' discovered, while being able to claim that the hunting was not intentional.

9. See section 52(1) of the Criminal Law (Consolidation)(Scotland) Act 1995.

10. '…but only if that person acts to ensure that, once the target wild mammal is found or emerges from cover, the dog does not continue to hunt the wild mammal and the wild mammal is shot, or killed by a bird of prey, once it is safe to do so.'

11. BASC Code of Practice on the Use of a Dog Below Ground in England and Wales. See https://basc.org.uk/cop/use-of-a-dog-below-ground-in-england-and-wales/

12. The Protection of Badgers Act 1992 and the Wildlife and Countryside Act 1981 were specifically referred to.