UK Bowhunting laws

[JimN]

I know this is a sensitive area, and I don't expect this to be a discussion of the pro's and con's of bowhunting (this has been covered elsewhere) but it struck me that when it is discussed various acts & years are bandied around so I did a bit of digging to find what actual UK laws/acts control bowhunting and this is what I came up with:

England & Wales
Wildlife and Countryside Act 1981
Chapter 69
(This was a bit of a git as it's only available as a scanned copy so I had to search this visually) This has been amended numerous times, but I can't find anything that's been amended in the relevant section (although that doesn't mean it hasn't happened)

11.-(1)Subject to the provisions of this Part, if any person-
...

(b) uses for the purposes of killing of taking any wild animal
any self-locking snare, whether or not of such nature or so
placed as aforesaid, any bow or crossbow or any explosive
other than ammunition for a firearm ; or

...

he shall be guilty of an offence.

1991 Dear Act

Enactments repealed:
Chapter Short title Extent of repeal
1963 c. 36. The Deer Act 1963. The whole Act.
1973 c. 54. The Nature Conservancy Council Act 1973. In Schedule 1, paragraph 5.
1977 c. 4. The Roe Deer (Close Seasons) Act 1977. The whole Act.
1980 c. 49. The Deer Act 1980. The whole Act.
1981 c. 69. The Wildlife and Countryside Act 1981. In Schedule 7, paragraphs 4 to 6.
1982 c. 19. The Deer (Amendment) (Scotland) Act 1982. In Schedule 2, paragraph 4.
1984 c. 60. The Police and Criminal Evidence Act 1984. In Schedule 6, paragraphs 13 and 23.
1987 c. 28. The Deer Act 1987. The whole Act.
1990 c. 43. The Environmental Protection Act 1990. In Schedule 9, paragraph 3.

Use of prohibited weapons and other articles.

4.-(2) Subject to sections 6 to 8 below, if any person uses for the
purpose of taking or killing or injuring any deer-

(a) any firearm or ammunition mentioned in Schedule 2 to this
Act,

(b) any arrow, spear or similar missile, or

(c) any missile, whether discharged from a firearm or otherwise,
carrying or containing any poison, stupefying drug or muscle-
relaxing agent,

he shall be guilty of an offence.

...

General exceptions to certain provisions of this Act.

6.-(1) Nothing in section 2 or section 3 above shall make unlawful
anything done in pursuance of a requirement by the Minister of
Agriculture, Fisheries and Food under section 98 of the [1947 c.
48.] Agriculture Act 1947.

(2) A person shall not be guilty of an offence under section 2 or
section 3 above by reason of any act done for the purpose of
preventing the suffering of an injured or diseased deer.

...

...

Exceptions for persons licensed by the Nature Conservancy Council for
England or the Countryside Council for Wales.

8.-(1) A licence may be granted to any person by the Nature Conservancy
Council for England exempting that person, and any persons
acting with his written authority, from sections 2 to 4 above in
respect of any of the acts specified in subsection (3) below
which are done in England for the purpose of removing deer from
one area to another or of taking deer alive for scientific or
educational purposes.

(2) A licence may be granted to any person by the Countryside
Council for Wales exempting that person, and any persons acting
with his written authority, from sections 2 to 4 above in
respect of any of the acts specified in subsection (3) below
which are done in Wales for the purpose of removing deer from
one area to another or of taking deer alive for scientific or
educational purposes.

(3) The acts referred to in subsections (1) and (2) above are-

(a) using any net, trap, stupefying drug or muscle-relaxing
agent of a type authorised by the licence;

(b) using any missile carrying or containing such stupefying
drug or muscle-relaxing agent and discharging any such
missile by any means authorised by the licence.

(4) A licence granted under subsection (1) above may be revoked at
any time by the Nature Conservancy Council for England and a
licence granted under subsection (2) above may be revoked at
any time by the Countryside Council for Wales; and a licence
granted under either of those subsections may be granted
subject to conditions.

(5) Without prejudice to any other liability to a penalty which he
may have incurred under this or any other Act, any person who
contravenes or fails to comply with any condition imposed on
the grant of a licence under subsection (1) or subsection (2)
above shall be guilty of an offence.

Scotland
Nature Conservation Act (Scotland) 2004

Prohibition of certain methods of killing or taking wild birds.
5.-(1) Subject to the provisions of this Part, if any person-
...
(c) uses for the purpose of killing or taking any wild bird-
(i) any bow or crossbow;

he shall be guilty of an offence.

Prohibition of certain methods of killing or taking wild animals.
11.-(1) Subject to the provisions of this Part, if any person-
...
(b) uses for the purpose of killing or taking any wild animal
any self-locking snare, whether or not of such a nature or
so placed as aforesaid animal, any bow or cross-bow or any
explosive other than ammunition for a firearm;

he shall be guilty of an offence.

I originally posted this on the Archers Rest forum (minor plug, hope that's ok) and, as I said there, this should not be taken as the definitive answer as there may be amendments and amendments to the amendments that I've not been able to chase down. I also wanted to put a bit of a response down to people who (not necessarily here) keep referring to the statement from Wikipedia that "Since 2003, Scotland has been considering the reintroduction of bowhunting, as a means of controlling its deer population", I've not been able to find anything to back this up.

I hope you find this useful and I know I'm not a big poster on here (!) but I am a regular visitor.

 

[gregorach]

Very clear Jim, thanks!

 

[Buckshot]

It's not always what has been specifically mentioned in any of the acts, but also what isn't. There's usually a catch all phrase in there as well.
A bit like on a job description where it says 'and any duties deemed appropriate by the manager'

Mark

 

[Marts]

Very useful Jim. Thanks for taking the time to research it and post it.

 

[stovie]

So the illegality of bow hunting is not a medieval throwback then...

 

[dwardo]

It's not always what has been specifically mentioned in any of the acts, but also what isn't. There's usually a catch all phrase in there as well.
A bit like on a job description where it says 'and any duties deemed appropriate by the manager'

Mark

Yeah gotta love that all encompassing statement basicaly voids the whole of the contract.

 

[Toddy]

Does anyone have *any* information on where the statement that since 2003 Scotland has been considering.........bowhunting has come from?? Any true references? Any definition of "Scotland", i.e. the Scottish Executive/ Scottish Natural Heritage??

I know, I'm a cynic, but the edict to, "Look for the Agenda behind the Propaganda!", is firmly rooted in the Scottish psyche

Cheers,
Toddy

p.s. well done Jim, you have rep

 

[seany boy]

Thanks jim very interesting. BTW the Archers Rest forum looks like a great place.

 

[Wayland]

Does anyone have *any* information on where the statement that since 2003 Scotland has been considering.........bowhunting has come from??

Cloud Cuckoo Land probably.......

It is Wikipedia after all....

 

[Toddy]

Yeah, true, true

Problem is though is that it's easily available and unless someone actually comes along and says, "Hang on a minute......show the proof, 'cos otherwise hearsay is really just lies.", it's taken as gospel.

I would really just like to know one way or the other because if it's correct then what was the conclusion on the consideration? and if it's false someone please edit the Wikipedia article.

Sometimes there's an awful lot of mince out there

Cheers,
Mary

 

[jerv]

hmmmmmm?
Bows and crossbows are out in general...arrows spears or similar missiles are out for deer. Does that mean spears (atlatl darts?) are okay for wild animals other than deer?

 

[Doc]

It would be true to say there is increased interest in bowhunting in Europe. A European bowhunting organisation now exists, it is legal in some countries like France, and there is talk of reintroducing it in Scandinavian countries.

It's also true that Scotland has too many deer - depite record culls the population is still too big, and Sika are another issue.

But I don't see bowhunting being legalised in Scotland in the near future.

 

[Toddy]

Last I heard there was talk of 60,000 too many on the hills.
A major problem is that to re-introduce the main predator, the wolf pack, puts the livelihood of those who depend on the already marginal hillfarms and their sheep, at risk. Though I suspect the ubiquitous hoodie takes out as many lambs as the wolf might

Cheers,
Toddy

 

[Buckshot]

It would be true to say there is increased interest in bowhunting in Europe. A European bowhunting organisation now exists, it is legal in some countries like France, and there is talk of reintroducing it in Scandinavian countries.
.

There is also a British Bow hunters association !!!!

 

[BOD]

I am curious to know when prohibitions on the use of bows and cross bows for hunting came into effect in the UK/England. Does anyone know?

I have been looking at the laws in some former British colonies and find similar worded prohibitions which I suspect derive from the Indian legislation as drafted during the Raj and which formed the basis for the laws in many colonies.

Not being a hunter, I never thought about it but it must have had an impact on some indigenous peoples if the colonial authorities were able to enforce it

 

[bent-stick]

I believe it was the 1963 Countryside Act but I don't actually have a copy.

 

[Ex Member lyndon]

sorry for such a late reply to this topic, just bought a bow and was refered here by the lovely ppl of the forums i think i have just one comment to add.... this country sucks
maybe like ppl that want 6 wives (now theres a thought ) there is a religion i can join that would permit bow hunting ,fishing for free wherever the hell i wanted, wandering rights, camping rights, hunting rights etc. you no it only takes about 200 ppl to form a recognised religion dont you ?
any one fancy being a vicar of.... the church of the latter day primatives

well it seemd a good idea when i was typing it

 

[ozzy1977]

Thanks for posting this.

 

[Big Stu 12]

hmmmmmm?
Bows and crossbows are out in general...arrows spears or similar missiles are out for deer. Does that mean spears (atlatl darts?) are okay for wild animals other than deer?

I would of thought that an Atlatl dart would be considered as an "Arrow"....

 

[Big Stu 12]

It would be true to say there is increased interest in bowhunting in Europe. A European bowhunting organisation now exists, it is legal in some countries like France, and there is talk of reintroducing it in Scandinavian countries.

It's also true that Scotland has too many deer - depite record culls the population is still too big, and Sika are another issue.

But I don't see bowhunting being legalised in Scotland in the near future.

Heres some more INfo...

http://www.europeanbowhunting.org/