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Thread: Legal Beaglese

  1. #1
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    Legal Beaglese

    Actually the breed "theoretically" in question would be a labrador, in my case. Though, it might be any breed of dog at all.

    The legislation that springs to mind is the Protection of Wild Mammals (Scotland) Act.

    So, you maybe go out round the farm and you're exercising your dog at the same time. Dog under control, taking commands, generally being a very good boy.

    It's wet going, he maybe gets muddy and you think... Hmm... time for a bit of a swim fella. I'm not taking you back to the house totally clarty.

    Anyhoo, putting dog through the pond and out the clean side you perhaps flush a fox from out of the rashes next to the pond. You've no gun with you or made any other provision to despatch a fox so flushed, when it is safe to do so.

    Could you have "flushed" a fox in contravention of the terms of the abovementioned act? ..and thereby commited an offence?

    I don't know the answer... Do any of you?

  2. #2
    with one dog no problem,

    isnt it 3 or more?

  3. #3
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    Quote Originally Posted by bobt View Post
    with one dog no problem,

    isnt it 3 or more?
    Protection of Wild Mammals (Scotland) Act 2002

    1 Offences
    (1)A person who deliberately hunts a wild mammal with a dog commits an offence.


    No Bobt I think one dog is enough. I suppose my question really is..... If I don't meet the conditions of the exemptions from the above offence.

    What is "delibrately" hunting a wild mammal?

    My dog would be being directed at my command and although my intention would be that he just take a bath, one Fox got "hunted". Yes/No?

  4. #4
    Me an my best mate used to have 17 dogs between us and regularly flushed all manner of creatures when we walked them in our woods was long before all this current nonesense but we have often reflected on how we would have gone on as we were genuinely exercising our dogs.. however it was quite rare not to take out my winchester for it's walkies at the same time
    There is a place for all gods creatures in this world, on my plates by the veggies and gravy

  5. #5
    Two hounds/dogs max to flush foxes from cover , one terrier (not a hard type) to flush a fox from an earth into nets or waiting guns , terriers not to be used in earths to kill cubs

  6. #6
    Quote Originally Posted by Tamus View Post
    Protection of Wild Mammals (Scotland) Act 2002

    1 Offences
    (1)A person who deliberately hunts a wild mammal with a dog commits an offence.

    My dog would be being directed at my command and although my intention would be that he just take a bath, one Fox got "hunted". Yes/No?
    No.

    hunt·ing (hntng)n.1. The activity or sport of pursuing game.

    You would neither be acting 'deliberately', nor actually 'hunting' the fox.

  7. #7
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    Quote Originally Posted by Orion View Post
    No.

    hunt·ing (hntng)n.1. The activity or sport of pursuing game.

    You would neither be acting 'deliberately', nor actually 'hunting' the fox.
    If I went back to the same place another day, did the same thing and got the same outcome.

    What then?

  8. #8
    You're dog would be even cleaner?

  9. #9
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    Quote Originally Posted by Orion View Post
    You're dog would be even cleaner?
    Not neccessarily.... but... Even cleaner.. is what he is before he's allowed back in the house.

    My own conclusion is... if my dog's going to keep flushing foxes, unexpectedly, I'm needing to shoot more foxes. If there are none I can't get into trouble for inadvertently breaking this strange law that may restrict my otherwise lawful activities.

  10. #10
    Surely this is about intention, your didnt send your dog into the pond with the intention of flushing a fox and were therefore not hunting
    Last edited by andibrains; 17-02-2011 at 11:41. Reason: Wasnt sure hwat I meant by 'fluching' a fox!!

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