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Thread: Shooting a badger (humane reasons)

  1. #1

    Shooting a badger (humane reasons)

    I was out this morning with the 17hmr taking care of the rabbit population on a local farm when I caught sight of a badger shuffling along.

    On closer inspection, through the binos and not the scope, I saw it's back left leg was dragging along but it was still moving and I watched it go in to the hedge rows. The way it's leg was reminded me of my Jack Russel when her hip popped and we had to confine her to a babies travel cot for weeks for it to mend.

    But it got me thinking about the legality of shooting it - I know the law on shooting badgers generally but what about one that is hurt in this manner. Would that be permissable, can you humanlely dispatch any animal regardless of calibre or permissions on certificate?

  2. #2
    That's a tricky one... reason being that all certificates have the standard wording relating to expanding ammunition.

    However, unless your certificate specifically states that the rifle can be used for this purpose then technically you could be committing an offence.

    The moral and ethical issue for me in this case would be to assess the level of suffering, some animals can manage perfectly well on 3 legs but if it was dragging a leg it was more than likely caused by an injury that has become infected it would be best to dispatch the animal quickly and humanely....

    I'd take my chance
    "It's halfway down the hill, directly below that tree next to a rock that looks like a bell-end"

    Good deals with ~ deako ~ sakowsm ~ dryan ~ 2734neil ~ mo ~ riggers ~ mmbeatle ~ seanct ~ an du ru fox

  3. #3
    on returning from stalking near market harboro one night a badger got run over by a car it was still alive i did not know wether to shoot it or not along came a game keeper who had been informed about the accident and shot it a loclal do gooder retrieved the dead badger took it to a vets he said there was a fair chance it would have got over it and he finished up in court over the matter . it was plainly obvious to me either its back was broken or its pelvis but in the end common sence prevailed but it could have gon the other way he was lucky on this one

  4. #4
    Wonder how much the vet charged the tree hugger?
    (The Unspeakable In Pursuit Of The Uneatable.) " If I can help, I will help!." Former S.A.C.S. member!

  5. #5
    Mel,

    You would NOT be guilty of offence (specifically with regard to the Badger Act)

    Here are the Exceptions and licences lifted from the Badger Act of 1992

    6. General
    A person is not guilty of an offence under this Act by reason only exceptions of
    (a) taking or attempting to take a badger which has been disabled otherwise than by his act and is taken or to be taken solely for the purpose of tending it;
    (b) killing or attempting to kill a badger which appears to be so seriously injured or in such a condition that to kill it would be an act of mercy.
    (c) unavoidably killing or injuring a badger as an incidental result of a lawful action;
    (d) doing anything which is authorised under the Animals (Scientific 1986 c. 14. Procedures) Act 1986.

    We have a moral and responsible duty of care to all wild animals especially when sick or injured etc. hence why this clause was included.

    Here's the full act:- BADGER ACT 1992

    With regards to calibre, permission, FAC conditions etc. Not a problem. You can, as far as I am aware, use any reasonable force / means to end the animal's suffering, even if that act goes beyond any conditions that are on your FAC / permissions.

    However, and here's the crunch, if it did end up in court it's up to you to prove, beyond all reasonable doubt, that your actions at the time were the correct ones to take to terminate the animal's suffering.

    Rocky
    Last edited by rockingod; 27-02-2011 at 17:44.
    The pure and simple truth is rarely pure and never simple

  6. #6
    "However, and here's the crunch, if it did end up in court it's up to you to prove, beyond all reasonable doubt, that your actions at the time were the correct ones to take to terminate the animal's suffering"

    Exactly!! In the real world you would be doing the right thing. The likes of the RSPCA will spend any amount of money to have you hung, drawn and quartered.
    I think i would make a few phone calls and then walk away.
    Things in reality and things on paper are worlds apart.
    basil.
    https://www.justgiving.com/John-Slee/
    "He who kills sow with piglets empties the forest of boar" My neighbours dad on new years eve 2011.

  7. #7
    It's got a limp... boof.... well might have had

  8. #8
    How I would do it......

    Watch the animal carefully and fully assess the situation.....not just a quick glance !

    Scan the hedges and fringes with the binos to be absolutely sure that your activities are not being overlooked by a member of the general public. After all you don't want a member of the 'said public' becoming alarmed at your activities. (Rifle / camo gear / stalking furtively around hedges etc etc). You are a sensible and sensitive sort of chap and 'alarming the public' is not something that you want to do.

    Dispatch said animal ensuring that it is a clean, humane kill and making sure that it doesn't do a runner on you. At this point the landowner becomes the legal owner of the carcass. Inform said landowner immediately of what you have done (and write up a log of what has happened at the earliest opportunity).

    As he is now the owner of the carcass, ask him what he wants done with it. It is also up to him to take the matter any further and to report the incident to any higher authority (Usually DEFRA) if required. (Again the Btb, a notifiable disease, issue kicks in here).

    If the landowner agrees, bury the carcass immediately (away from any water courses etc) to ensure that it doesn't contaminate anything.

    Basically what Paul stated but padded out !

    Rocky
    The pure and simple truth is rarely pure and never simple

  9. #9
    rockingod

    "With regards to calibre, permission, FAC conditions etc. Not a problem. You can, as far as I am aware, use any reasonable force / means to end the animal's suffering, even if that act goes beyond any conditions that are on your FAC / permissions."

    I beg to differ, it would most defiantly contravene the conditions of your fac and for that very reason many of us have our fac's conditioned for the humane killing of animals.

  10. #10
    Hmmmm always wondered, in similar reasoning, what about in ' defence' ? say the badger was in attack on you spaniel, if startled ! (walking thru wheat etc)

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