Details
A Commencement Order has now been made to bring into effect more sections of the Wildlife & Natural Environment (Scotland) Act 2011.
The main provisions which will affect shooters are summarised in simple terms below – if you have concerns about any of the content of the Order, please contact SACS HQ for specific advice on how the changes will affect you.
MAIN CHANGES WHICH COME INTO FORCE ON 1st JANUARY 2012
Brown Hares – close season introduced 1st February to 30th September
Mountain Hares – close season introduced 1st March to 31st July
Hares and rabbits – it is now an offence to have in your possession, to sell or to offer or advertise for sale any hare or rabbit taken unlawfully.
SNARING
Fox snares MUST now have a stop fitted to prevent the snare closing to less than 23 centimetres.
Snares for all other permitted species MUST have a stop fitted to prevent them from closing to less than 13 centimetres.
Snares MUST be either staked to the ground or attached to an object so that they cannot be dragged by an animal caught in it.
Snares MUST NOT be set in such a way that an animal caught by the snare is likely to become fully or partially suspended or drown.
Snares MUST be inspected at least once per day, at intervals of no more than 24 hours to check if an animal has been caught and that the snare is free-running. Any animal caught MUST be released or removed, whether it is alive or dead, and if the snare is not free-running, it must be restored to free-running or removed or replaced.
(Free running is defined as: not self-locking, not capable (whether because of rust, damage or any other reason) of locking, and at all times be able to freely become wider or tighten, except for the presence of the stop.)
It is now an offence to be in possession of a snare on land without the authorisation of the owner or occupier of the land, or to set any snare on land without such authorisation.
CAUSING OR PERMITTING OFFENCES
It is now an offence to knowingly cause or permit another person to commit certain offences in connection with the sale of protected birds or their eggs, failing to have the correct registration documents for certain birds which require them, and the possession and use of certain pesticides.
If you have the right to manage land, or to kill and/or take game or pest species on land, and a person acting for you or employed by you commits certain offences, you may now be charged with the same offences whether or not the person committing the office is also charged. This could affect anyone who has the right to shoot over land.
If anyone is charged under this section, they may require to prove to a court that they were not aware of the offence AND that they had taken all reasonable steps and exercised due diligence to prevent the offence being committed.
More snaring changes to come into force on 1st January 2013
From 1st January 2013 new regulations will come into effect which relate to fitting identification tags on all snares. Anyone who wishes to use snares will require to have an ID number issued by the police (as is currently the case with Larsen traps) and compulsory training and assessment for anyone who wishes to use snares will be introduced.
SACS will provide the necessary training and assessment for members, and details will be widely publicised as soon as the courses are ready.
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