New restrictions on hunting with dogs in Scotland

Following the Hunting with Dogs bill being passed by Holyrood on the 24th January, the bill became the new Hunting with Dogs (Scotland) Act 2023, replacing the Protection of Wild Mammals (Scotland) Act 2002.

Currently the 2002 Act will remain in place until the relevant sections of the Act are commenced, the date of which is still unknown.

The Act aims to establish a regulatory framework regarding the practice of hunting with dogs, resulting in significant restrictions regarding the purpose for which dogs are used to hunt wild mammals. Therefore organized hunting with a dog will be deemed a criminal offence unless exercised under a lawful exemption within the Act. These exemptions are subject to strict conditions which must be met if the exemption is relied upon in court.

The exemptions are as follows;

• above ground.

To manage wild mammals

• ground.

To manage foxes below

• game shooting and deer stalking.

In connection with falconry,

• injured wild mammals.

To relieve the suffering of

To search for dead wild

• mammals.

In connection with an

• environmental benefit scheme.

The Act also introduces two licensing schemes for the use of more than two dogs, the first is for the purpose of preventing damage to livestock, woodland or crops, preventing the spread of disease or protecting human health.

If a licence is being obtained on the grounds of protecting livestock, evidence must be provided to NatureScot that there is no other solution which would be effective in achieving this purpose. The second licence is for use classed under “Environmental Benefit” which must fall under a NatureScot approved scheme or plan for the following;

Preserving, protecting or • restoring a particular species for environmental benefit.

Preserving, protecting or • restoring the diversity of animal or plant life.

Eradicating an invasive non- • native species of wild mammal from an area.

The Act imposes severe restrictions on the use of dogs in rural areas in Scotland. We are concerned that this will severely limit effective protection of livestock and may prevent gundog trials. It remains to be seen how NatureScot will assess applications for a licence to use dogs for the protection of animals or plant life. n