Concerned at approach to Cold Edge (6.15pm) to see med/large bird of prey on guys arm. He aslo has a gun dog so I assume he was hunting. He made a swift exit as when he saw us. Is it legal for him to hunt up there?Also:-
20+ Mipits between Cold Edge and Castle Carr Road
2 Lapwings over >S
20+ Mallard
4 Greylag (I assume feral)
4 Tufties
3 Goosander flew in from South jo join a further 4 to roost (sorry about pic quality)
Small wader flew out of grass at in high speed, twisting flight - think Snipe
5 comments:
This is the relevant section on hunting with hawks in the UK
"For hunting with birds of prey, the laws are much the same as those for other forms of hunting, e.g. shooting. These include the requirement for licences to hunt wild creatures (other than vermin). A game or quarry licence normally limits the quantity of creatures that may be taken and it also controls the times when they can be hunted. Game Licences can be obtained from main Post Offices. Unauthorized taking of game is an offence. Certain animals, e.g. rabbits, crows, magpies and grey squirrels are classed as vermin and may be hunted without restriction, but remember that hunting or even just flying hawks on someone else's land requires the landowner's permission, otherwise you are guilty of trespassing"
The problem is as you didn't see him flying the hawk at anything he is simply out walking with hawk and dog. Its probably likely he could be prosecuted for intent to hunt, but getting anyone to take it to court is another matter.
In my experience most (not all) Falconers are responsible adults and do not fly the bird at anything other than Crows, Magpies and Rabbits all of which are legal prey as they are classed as vermin. Most falconers I have approached when seen out have been simply exercising the bird and usually are happy to chat about wildlife in general and falconry when approached. It might be worthwhile trying to talk to the guy if you can and if not take some details and maybe a car number in case of any further problems.
I forget to add the link that might prove useful if anyone want to keep up to date with Falconry and the law in the UK if they a similar inccident.
http://homepage.ntlworld.com/hamidk/falc_law.htm
Posted on behalf of Steve Downing......
Paul's comments about the legislation of hunting with falcons, or any other hunting for that matter, are interesting but inaccurate. The information on the link appears to have been written by an American and is out of date. The requirement for Game Licences was removed [other than Scotland] on the 1 August 2007 by Regulatory Reform [Game] Order 2007.
Trespassing is a civil, not a criminal offence, and requires an element of damage. Just being on the land without permission doesn't cut it and the Police will not, can not, pursue it. Don't you just love the internet?
Wonder how many of our "Wildlife Officers" know that?
I think the main point is this; the best way to prevent any thing you think is illegal/harmful to wildlife is judge each situation as it happens. We all know and have experience of the fact that unless someone is armed and shooting at someone the police are unlikely to appear to help out in time. At Cromwell Bottom over the years I have tackled people committing all sorts of anti social behaviour with no real legal justification at all on my part. If they looked appoachable and open to reason I did just that and spoke with them. If they looked more likely beat me up first I approached from a safe distance with mobile phone glued to my ear as though speaking with the police. In all my years of tackling the air rifle brigade, fox diggers, off road motor cyclists I never ONCE got any back up from the police whilst the incident was in progress and had to rely on commonsense (and a few risks at times)but the choice is yours as a citizen to interfere or not as legal niceties rarely come into these situations until well after the event. Most falconers I have met have been reasonable blokes who are open to discussion and less likely to be poaching than simply exercising their birds. Just because we might disagree with those who chose to hunt animals with hawks does not mean that they are commiting an offence at the time. But by the same token you are not commiting an offence either if you chose to talk with them when they are trying to hunt. In most instances of suspected wildlife crime my first response would be to take descriptions and car number if possible and phone the police. The police might not attend immediately but you can ask for a crime number and the inccident is logged and thus on the record. When I was younger I used to march up bold as brass and tackle anyone up to no good at Cromwell Bottom and got thumped a couple of times for the impetuosity of youth. Now at 55 discretion is the better part of valour and its descriptions and phone calls to the police whilst I remain at a safe distance !
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