Commentary on Sections Wildlife offences: penalties Section 18 Protection of certain wild animals
115.This section amends the protections for mountain hares under the Wildlife and Countryside Act 1981 (“the Wildlife Act”).
116.Section 10A of the Wildlife Act makes it an offence to intentionally or recklessly kill, injure or take animals specified under schedule 5A of the Wildlife Act at certain times of the year (close season). Mountain hares were previously listed in schedule 5A.
117.It was therefore an offence to intentionally or recklessly kill, injure or take a mountain hare between 1st March and 31st July, subject to the exceptions listed in section 10B of the Wildlife Act.
118.Section 18 of the Act removes reference to the close season for mountain hares in section 10A(2)(a) of the Wildlife Act and moves mountain hares from schedule 5A to schedule 5 (animals which are protected). Under section 9 of the Wildlife Act, it is an offence to intentionally or recklessly kill, injure or take any wild animal included in schedule 5.
119.The effect of this is to remove the open season, making it an offence to intentionally or recklessly kill, injure or take mountain hares throughout the year, subject to the exceptions listed in section 10 and the licensing provisions in section 16 of the Wildlife Act.