There are no easy answers as to what is and is not lawful under the Act. Ultimately it
will be a matter for the courts. But we can still do a rough guide as some acts are now
clearly against the law

Illegal exercising of hounds

Putting more than two hounds into woodland, gorse or a cover, where they are likely to pick up a scent.

The hounds running ahead of the huntsman / field, and are baying/in cry, this is a sign that a scent has been picked up, and that the hounds are in pursuit of something.

Baying or hounds in cry must be called off immediately, by the use of a horn, a whip or by a voice calls.

Flushing out with hounds

No more than two dogs can be used in flushing of wild mammals to guns.

No dogs can chase or killing a wild mammal.

The hounds must be called off by use of a horn, whips or voice calls

Reasonable steps must be taken to ensure that the animal is shot dead by a competent person, and reasonable steps taken to ensure that the dog doing the stalking/flushing is kept under close control to allow the animal to be shot.

Dogs must not be used below ground for flushing out, unless

A - this is done to prevent or reduced serious damage to game birds

B - the person doing the flushing has on him written evidence that the land belongs to him or that he has been given permission to use the land for that purpose by the occupier of the land.

In the case of flushing below ground for this purpose only one dog may be used and reasonable steps must be taken to ensure that the animal is flushed out as soon as it is found, and shot by a competent person as soon as it is flushed out. Reasonable steps must be taken to keep the dog under control to ensure that the animal is shot.

A Drag or trail hunt that isn’t

A trail or a drag being put though crop, woodland, near roads, peoples houses or near railway lines.

Blocked earths or badger setts. It is actually illegal to interfere with a badger sett under the Protection of badger’s act 1992. Hunters will often block fox earths so foxes cannot escape from hounds, this should be filmed and reported to us.

Hounds going off the trail or drag and not being immediately put back on track either by the horn, whip, or voice calls.

Rats or rabbits hunting

It is still legal to hunt rats and rabbits with dogs. Mink hunts have stated they are to hunt rabbits and rats instead of mink in the summer and some harrier packs have said they are to hunt rabbits. The hunter must still have permission from the occupier; if the land is not occupied then they need it from the landowner.

Things that may cause suspicion;

Rats or rabbits next to a riverbank. Chasing rabbit as they live under ground and do not go far from their burrows.

Chasing rats, as again they will be quick to escape down their holes.

This is the difference between a hare and a rabbit...

Hunting rabbits would never work, as they would quickly go to ground, as would rats. The CA states that hare hunts can change to rabbit hunts and mink hunts to rat, but this is a ludicrous idea. Most hare hunts take place over crop land and typical hare habitat not occupied by rabbits - if a "rabbit hunt" continue to draw fields occupied predominantly by hares then they would be hunting illegally whether they called themselves a "rabbit hunt" or not.

The same for rats - they do not occupy the same territory as mink, so if mink hunts continue to draw riverbanks then they will be hunting illegally regardless of the fact that they call themselves a "rat hunt".

The use of a terrier

Signs a terrier and a fox have been fighting may well be illegal if the terrier man has not taken steps to prevent this. The person with the terrier must have written permission from the occupier of the land (or the landowner if the land is unoccupied) stating that they are allowed to use the land for the purpose of flushing out below ground.

No more than one terrier can be used under ground at one time and only if this is to prevent or reduced serious damage to game birds.

A fox is still to be shot to prevent damage to game bird. They must have written permission from the occupier or landowner.

Has the person with the terrier got permission to be on the land, they must have permission from the occupier of the land or the landowner if unoccupied? Written permission must state that the hunter has permission to use the land for the purpose of flushing out to prevent damage to game birds.

No dog is to be put down a badger sett; or to mark it (means scratch or gather around the entrance) it is illegal under the Protection of badger’s act 1992.

Another important point which has been overlooked somewhat is that hunts can now be prosecuted under the Protection of Animals Act 1911 and the Wild Mammals Act 1996 as hunting will no longer be exempt under this legislation. So for example if you had evidence of a live fox being torn apart by foxes a prosecution could be brought under PAA 1911 for causing unnecessary cruelty.

Protection of Animals Act 1911
Wild Mammals (Protection) Act 1996
Wildlife and Countryside Act 1981

Deer and Stag shooting seasons click here

A copy of the England and Wales Hunting Act 2004 can be viewed here

A copy of the Scottish Hunting Act 2004 can be viewed here

Click here to see the countryside alliance hunting hand book “What you need to know to stay within the law’

Implications for badgers conservation and welfare in England and Wales here