Hunting Regulation
The former requirement for game licences and game dealers licence have been repealed. Provisions requiring licences for sale of game are removed. Requirements for marking of gaming in transit are removed. The regulations consider it no longer required in light of modern refrigeration facilities. It is an offence to sell game, a person knows or believe to have been unlawfully killed or taken.
The Department may make an order giving special protection to any game bird during the hunting season for up to 14 days. This is intended to deal with adverse weather conditions.
Special Protection Orders made under the Game Preservation Act, 1928 may prohibit persons from possessing game species mentioned in the principal order.
Hare coursing is prohibited. It is an offence to participate in, attend or knowingly facilitate a hare coursing event or permit land to be used for that purpose.
It is an offence to enter or permit a dog to be entered for a hare coursing event or for a person to handle a dog in the course of or for the purpose of a hare coursing event. A person who lets, transports or hold shares for the purpose of a hare coursing event is also guilty of an offence. Persons guilty of an offence are liable on summary conviction of a fine up to the maximum on the standard scale.
The Game Preservation Act (NI) 1928 amended the 1836 Act. It provided that a constable may enforce all laws relating to the preservation of games.
If an officer has reasonable grounds for believing a person is unlawfully in pursuit of game, the person may demand the production of a licence to take or kill the game in question. If a person fails to produce the licence, he may require his name and address and search any package, vehicle, or other thing capable of being used for carrying game.
He may search premises in which the person was found. It is an offence to refuse to give a name, to give a false or fictitious name or to refuse to facilitate a search.
A constable may, by force if necessary, enter on lands and premises for the purpose of making a demand and search. The Police and Criminal Evidence Act applies to the exercise of this power.
Every holder of a licence to deal in game must keep in his premises a register of all purchases, sales, receipts, and disposals of game by him. He must enter prescribed particulars of purchases, receipts, sales, and disposals.
A person authorised by the Department of Justice or a constable, not less than the rank of Sergeant, may inspect the register and also game on the premises, together with all invoices, receipts, documents, consignment notes, etc., in order to verify the contents of the register.
It is an offence to fail to comply with the provisions or to obstruct an officer in the exercise of his duties. The register must be maintained for three years.
The Game Act 1831 is expanded to include woodcock and snipe in the definition of game. Packages containing game in the course of transit in Northern Ireland must be marked conspicuously with the word “game.” They must have a label affixed to them, stating the name and address of the consignor.
It is an offence to send or consign a package or transport a package for reward in breach of this provision. It is a defence that the person did not know, and could not reasonably have known, that the package contained game.
Police and constables who have reasonable grounds for suspecting that a person has been guilty of an offence under any legislation relating to game may stop and search a person believed to be conveying the same, inspect the game pound, and open and search any vehicle or package.
They may, at all reasonable times, enter and have free access to the interior of premises in which game is sold, kept, or exposed for sale, where a person is carrying on the business of the sale of the same for reward, any pier, key wharf, dock, dock premises, ship, boat, railway, motor car, vessel, etc., for the conveyance of goods.
Officers have general powers to investigate, including powers to remove and detain, claim equipment such as traps, snares, or other instruments capable of being used for destroying or taking game, and may demand the name and address of the persons having custody of game.
Where game is seized under the power, steps are to be taken to have the relevant person brought before a court of summary jurisdiction in relation to that same. However, if that person is convicted, instruments, game, etc., taken may be detained and may be ordered to be destroyed or sold.
They may be brought before the justice of the peace as soon as may be. He may authorise sale or destruction. If a person is not convicted, the proceeds of sale are to be paid to the person from whom the game is seized. Where the person is convicted of an offence, the proceeds of sale are to be dealt with in the same manner as a penalty imposed for the offence.
It is unlawful for any person willfully to take, kill, or destroy any hare during the period from 1 February to 11 August; any grouse during the period from 1 December to 11 August; any partridge or snipe during the period from 1 February to 31 August; any other game bird during the period from 1 February to 30th of September.
The above does not render unlawful the pursuing and killing of hares during the period said to be closed, between 1 February and 31 March, next following, by hunting with pigs or hounds or by coursing with greyhounds at a meeting organized by a coursing club.
The Minister for the Environment may amend the provisions as to the closed season, etc., by order. It shall be unlawful for a person to sell game during the closed season except during the past five days thereof. Contravention is an offence.
A person who kills, takes, and destroys game on a Sunday or during a period commencing one hour after sunset and ending one hour before sunrise on the next day is guilty of an offence. A person who at any time kills, takes, or destroys any rabbit by means of a firearm on any land and is not authorized by an authorized person in relation to land is guilty of an offence.
This does not apply to killing, taking, or destroying rabbits in pursuance of the diseases of animals’ legislation. A person may be authorized in relation to land by the owner, occupier, or person with shooting rights there.
It is unlawful at any time to take, destroy nests, or eggs of any game bird. An owner or occupier of land who wishes to take eggs of pheasants or partridges for the purpose attached to them may apply to the Department of Environment. They may be authorized if the eggs are to be used only for that purpose and subject to conditions that may be specified. Contravention is an offence.
Where the Minister is satisfied that it is necessary or expedient to provide special protection for any game, he may make an order prohibiting killing, taking, or sale or purchase of any game described in the order during the period not exceeding one year as shall be satisfied. Where the Minister is satisfied that it is necessary or expedient for the purpose of preventing disease, he may prohibit the importation into Northern Ireland of game birds of any kind during the period up to one year prescribed by the order.
An officer, member, or agent of a coursing club who wishes to take hares alive by means of nets for the purpose of the club and is authorized in writing to do so may apply to the Department of the Environment, who may consent to the same, if it would not endanger the hare population in Northern Ireland. Authorisation may be granted subject to conditions.
It is unlawful to burn or destroy during any period commencing on the 15th of April and ending on 31 August next, any gorse, furze, whin, heath, or fern grown on any mountain, moor, heath, bog, or other uncultivated land. Contravention is an offence. It is a defence for a person charged with the offence to prove that the burning or destruction in respect of which he is so charged is carried out in the ordinary course of farming in accordance with the rules of good husbandry.
A person guilty of an offence under the legislation is liable on summary conviction to a fine not exceeding level 2 on the standard scale or imprisonment up to three months or both.