Legislation and Codes of Practice C5014C17 Forestry, Game and Land Management

  • Instructor: Alexander Miles BSc (Hons) MRes PgC FHEA amiles@harper-adams.ac.uk

  • Artificial Intelligence (AI) Declaration: No generative AI software has been used, and some elements have been edited for accessibility and screen-reader compatibility.

Learning Objectives

  • Definitions and Terminology

    • Summarize relevant definitions and terminology for this subject.

  • Codes of Practice and Legislation

    • Understand the relevant codes of practice and legislation.

  • Impact on Sporting Industries

    • Understand how these affect sporting industries.

Legislation in Shooting Industry

  • Definition of Seasons

    • Defines seasons when certain species can and cannot be hunted and the methods allowed.

  • Outlines Offences

    • Discusses offences related to poaching and theft, noting their overlaps in some legislations.

  • Sale of Game

    • Covers regulations regarding the sale of game into the food chain.

Status of Wild Animals in the UK

  • Res Communis

    • A concept indicating common ownership of resources such as seas and underground water.

    • Historical Context:

    • Codified in the 6th Century CE by the Institutes of Justinian which states: "By the law of nature these things are common to mankind - air, running water, the sea, and the shores of the sea."

  • Res Nullius

    • Literal translation: "nobody's thing"; a legal term from Roman law denoting that an object is not yet owned by any specific subject.

    • Legal Classifications:

    • Res: means an object or possession which can be owned, though not including citizens or land.

What is Legislation?

  • Definition:

    • Legislation is the process through which statutes are enacted by a legislative body that is established and empowered to do so.

  • Statutes:

    • These are formally drafted laws adopted by the legislative chambers (Commons & Lords) that undergo voting after open discussions and are signed by the head of state for inclusion in the Statute Book.

    • Examples of Statutes:

    • Game Act 1831

    • Salmon and Freshwater Fisheries Act (1975)

  • Source: Image: Gov.uk

Industry Code of Best Practice

  • Codes of Practice (COPs):

    • Published by various NGOs, COPs are abundant in the shooting industry and provide practical guidance on complying with relevant legislation.

    • They often translate legal frameworks into accessible practices for stakeholders in the industry.

  • Availability:

    • A wide range of COPs can be accessed online, typically through professional associations such as BASC.

Statutory Codes of Practice

  • Government Role:

    • Legal frameworks are translated into statutory codes by relevant government organizations.

  • Current Developments:

    • Review for rearing and release of gamebirds scheduled for 2025-2026, emphasizing increased biosecurity due to avian flu since 2024.

  • Examples:

    • DEFRA Gamebird Code of Practice

    • Regulations related to the keeping of game birds: GOV.UK.

Wildlife and Game Management in the UK

  • Devolved Issues:

    • Wildlife and game management legislation varies across the devolved regions of the UK (England, Wales, Scotland, and Northern Ireland).

  • Challenges with Legislation:

    • Many Acts are long-lived and often undergo complex amendments.

    • Confusion arises from overlapping laws and a diverse mix of inter-related Acts, some specific to certain species (e.g., deer).

Protection of Game, Deer & Fish

  • Historical Evolution:

    • Legislation has evolved inconsistently over centuries leading to a collection of interrelated Acts that protect various game species.

  • Poaching Statistics:

    • The Home Office does not currently classify poaching as a 'notifiable' offence, thus, no national statistics are available.

  • Specific Acts:

    • Salmon and Freshwater Fisheries Act, Deer Act (1991), Game Act, and Ground Game Act.

Overlap and Confusion: Theft or Poaching?

  • Definitions:

    • Theft (Theft Act 1968): "A person is guilty of theft if he dishonestly appropriates property belonging to another intending to permanently deprive him of it."

    • Poaching: Originates from the French word for encroaching; while not legally defined, it refers to the unlawful taking or killing of game.

  • Legal Ownership of Wild Animals:

    • Wild animals are considered unowned and thus not classified as property; they cannot be stolen, raising complex classification issues under the Game Act.

  • Captive Game:

    • Taking pheasant chicks from a rearing field constitutes theft, while killing pheasants post-release without permission is defined as poaching. Once released, they become "ferae naturae", underlining their status as unowned.

Principal Acts Protecting Gamebird Species & Ground Game

  • Key Legislative Measures:

    • Night Poaching Act 1828

    • Game Act 1831

    • Ground Game Act

    • Hunting Act (2004)

    • Deer Act (1991)

  • Scope of Application:

    • Some laws are applicable throughout Great Britain, while others apply specifically to England, Wales, or Scotland.

Night Poaching Act 1828

  • Definitions in the Act:

    • Defines terms like what constitutes 'game', 'night', and 'take'.

  • Prohibitions:

    • Bans the use of firearms to kill gamebirds and ground game, extending the definition of "land" to include adjacent roads and paths.

  • Criminal Charges:

    • Special penalties apply for groups of three or more engaged in poaching.

Game Act 1831

  • Definitions and Conditions:

    • Specifies what is deemed 'game', including restrictions on when it can be hunted, requiring certification for those killing game.

    • Landlord Rights:

    • Landlords have rights over game but with various exceptions.

    • Gamekeepers:

    • Appointed by lords of manors with defined powers.

  • Penalties:

    • Includes penalties for killing game without proper certification (which is now obsolete) and for egg destruction.

Day Poaching Game Act 1831

  • Definition of Offences:

    • Section 30 particularly prohibits trespassing in search of game during the daytime.

    • Timing of Hunting:

    • Defines daytime as one hour before sunrise to one hour after sunset.

The Theft Act 1968

  • Relevant Provisions:

    • Outlaws stealing fish under Section 1, and creates additional offences pertaining to unlawful taking or destruction of fish within private waters.

Sundays and Christmas Regulations

  • Differences by Region:

    • England & Wales: No game may be killed on these days, except for certain wildfowl.

    • Scotland: No statutory restrictions, though customually avoided.

    • Northern Ireland: Complete protection for wild birds on Sundays and Christmas Day.

Game Bird Seasons Overview

  • Seasonal Restrictions on Various Species

    • Pheasant:

    • England & Wales: 1st Oct - 1st Feb

    • Scotland: 1st Oct - 1st Feb

    • Northern Ireland: 1st Oct – 31st Jan

    • Isle of Man: 1st Oct – 31st Jan

    • Grey Partridge:

    • England & Wales: 1st Sep - 1st Feb

    • Scotland: 1st Sep - 1st Feb

    • Northern Ireland: 1st Sep - 31st Jan

    • Red Grouse:

    • Varies by regions with specific restrictions placed on harvesting.

Ground Game Overview

  • Categories of Ground Game Species:

    • Brown Hare (protected as of 2021)

    • Mountain Hare, European Rabbit - Restrictions based on seasons and regions.

Deer Legislation Overview

  • Deer Act (1991) and regulatory reforms underscore diverse restrictions applying to deer hunting, specifying regulations across devolved nations and significant updates in ongoing years.

Sale of Game in the Food Chain

  • Regulatory Guidelines:

    • In England & Wales, game (excluding hare) can be sold year-round if legally obtained within defined seasons.

    • Scotland has similar regulations to support sustainable trading in game.

Hunting Act 2004

  • Key Provisions:

    • Establishes offences related to hunting wild mammals with dogs, detailing exemptions under specific conditions, including activities for meat retrieval and field trials.

Recent Challenges and Updates in Hunting Legislation

  • Ongoing Issues:

    • Continuous issues with illegal hare coursing and links to organized crime necessitate updated policing powers as indicated in the Police, Crime, Sentencing and Courts Act 2022.

Firearms Licensing Overview

  • Categories:

    • Distinction between Section 1 (firearms) and Section 2 (shotgun certificates). Specific details are associated with each type of certificate and accompanying legislation, including the VCR Act 2006.

Changes in UK Legislation

  • Current Bills and Updates:

    • Notable bills include the Lead Ammunition (Restriction) Bill - focused on environmental implications and other regulations.

  • Upcoming Legislative Changes:

    • Various new reports and bills affecting wildlife management and gamebird regulations slated for debate and potential enactment, including proposed changes to existing codes of practice.

Other Relevant Legislation

  • Notable Acts:

    • Wildlife and Countryside Act (1981)

    • Protection of Birds Act (1954)

    • Animal Welfare Act (2006) and its implications for wildlife protection.

Conclusion: National Wildlife Crime Unit Priorities

  • Focus Areas Include:

    • Badger persecution, bat crime, ivory trafficking, poaching, and raptor persecution as top priorities in tackling wildlife crime across the UK.