Protection of Wild Mammals (Scotland) Act 2002

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Protection of Wild Mammals (Scotland) Act 2002 is a significant piece of legislation passed by the Scottish Parliament aimed at providing protection to wild mammals from being hunted with dogs. This act was a landmark in animal welfare legislation within the United Kingdom, specifically addressing the concerns surrounding traditional fox hunting, deer hunting, and hare coursing practices in Scotland.

Overview

The Protection of Wild Mammals (Scotland) Act 2002 was introduced to ensure that wild mammals are safeguarded against hunting with dogs, a practice that has been a subject of considerable ethical debate. The act does not completely ban hunting; instead, it regulates the conditions under which hunting can occur, making it illegal to hunt wild mammals with a dog, except under specific exemptions provided within the act.

Key Provisions

The act outlines several key provisions:

• It is an offence to intentionally hunt a wild mammal with a dog, unless under the exemptions.
• The act allows for the use of dogs to stalk or flush out a wild mammal for the purposes of pest control, protecting livestock or ground-nesting birds, provided that the hunting does not involve the use of more than two dogs.
• There are provisions for the use of dogs in falconry and retrieving hares that have been shot as part of a licensed coursing event.
• The act imposes penalties for those found guilty of violating its terms, including fines and potential imprisonment.

Exemptions and Controversies

While the act was hailed by animal welfare groups as a step forward in the protection of wild mammals, it has not been without its controversies. The exemptions have been a particular point of contention, with critics arguing that they allow for loopholes that can still lead to the suffering of wild mammals. Proponents of hunting have also challenged the act, claiming it infringes on traditional rural practices and livelihoods.

Impact and Enforcement

The Protection of Wild Mammals (Scotland) Act 2002 has had a significant impact on hunting practices in Scotland. It has led to changes in how hunts are conducted, with a shift towards drag hunting and the use of birds of prey. Enforcement of the act has been the responsibility of the Police Scotland, with support from animal welfare organizations. Despite challenges in enforcement, the act is considered a critical step in promoting animal welfare and ethical treatment of wildlife in Scotland.

See Also

• Animal Welfare Act
• Hunting Act 2004 (England and Wales)
• Wildlife and Countryside Act 1981