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Is it illegal to release foxes in the UK?


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I know it's deffo illegal to release grey squirrels once they've been trapped, but I think that's because they're classed as an invasive species.. :hmm: Not sure about native trapped vermin, I don't think there is a law against releasing them.. :no:

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John, I can't give references offhand but I looked closely at this a while back.

First, as Mal says, foxes are native species and can be released. However, the release must be humane. If you cage trap an urban fox then it should not be released in a rural setting. It will not know how to hunt; nor will it realise that rural foxes are strongly territorial. It won't last long. If you raise a litter of cubs you must give them "controlled release". Let them out for a night, feed them the next day . . . and as far as I see it, wait for 'em all to die.

 

Essentially, release/relocation is legal but only if the animal can survive in its new environment. Otherwise, it should be kept in captivity, and the conditions for that are closely controlled, or humanely dispatched.

 

Ric

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Wildlife and countryside act 1981 (and as ammended in '85 , and 2000 crow act) it is an offence to release or allow to escape into the wild any species on schedule 9 [ exotics which are natralised such as grey squirel] or schedule 2 part 2 [vermin register which includes fox and a whole load of other stuff] .

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Wildlife and countryside act 1981 (and as ammended in '85 , and 2000 crow act) it is an offence to release or allow to escape into the wild any species on schedule 9 [ exotics which are natralised such as grey squirel] or schedule 2 part 2 [vermin register which includes fox and a whole load of other stuff] .

 

I'm not sure where you got that information, but I don't think it's relevant in this case.

 

Schedule 2, part 2 of the Wildlife and Countryside Act 1981 was amended in 1992 by Statutory Instrument 3010, which lists the following birds as being those which may be taken at any time by any authorised person. Those birds listed are:

 

Crow Corvus corone

Dove, Collared Streptopelia decaocto

Gull, Great Black-backed Larus marinus

Gull, Lesser Black-backed Larus fuscus

Gull, Herring Larus argentatus

Jackdaw Corvus monedula

Jay Garrulus glandarius

Magpie Pica pica

Pigeon, Feral Columba livia

Rook Corvus frugilegus

Sparrow, House Passer domesticus

Starling Sturnus vulgaris

Woodpigeon Columba palumbus

 

 

Part 1, Section 14 of the Wildlife and Countryside Act 1981 does indeed prohibit the release of certain species;

 

14 Introduction of new species etc. E+W

 

(1)Subject to the provisions of this Part, if any person releases or allows to escape into the wild any animal which—

 

(a)is of a kind which is not ordinarily resident in and is not a regular visitor to Great Britain in a wild state; or

 

(b)is included in Part I of Schedule 9,

 

he shall be guilty of an offence.

 

(2)Subject to the provisions of this Part, if any person plants or otherwise causes to grow in the wild any plant which is included in Part II of Schedule 9, he shall be guilty of an offence.

 

(3)Subject to subsection (4), it shall be a defence to a charge of committing an offence under subsection (1) or (2) to prove that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.

 

(4)Where the defence provided by subsection (3) involves an allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice giving such information identifying or assisting in the identification of the other person as was then in his possession.

 

[F119(5)Any person authorised in writing by the Secretary of State may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter any land for the purpose of ascertaining whether an offence under subsection (1) or (2) is being, or has been, committed on that land; but nothing in this subsection shall authorise any person to enter a dwelling.]

 

[F119(6)Any person who intentionally obstructs a person acting in the exercise of the power conferred by subsection (5) shall be guilty of an offence.]

 

SCHEDULE 9 E+W+S Animals and plants to which section 14 applies

Part I E+W+S Animals which are established in the wild

 

Bass, Large-mouthed Black Micropterus salmoides

Bass, Rock Ambloplites rupestris

Bitterling Rhodeus sericeus

Budgerigar Melopsittacus undulatus

Capercaillie Tetrao urogallus

Coypu Myocastor coypus

[F603Crayfish, Noble] [Astacus astacus]

[Crayfish, Signal] [Pacifastacus leniusculus]

[Crayfish, Turkish] [Astacus leptodactylus]

[F604Deer, Muntjac] [F604Muntiacus reevesi]

[Deer, Sika] [Cervus nippon]

[F605 Deer, any hybrid one of whose parents or other lineal ancestor was a Sika Deer] [ Any hybrid of Cervus nippon]

[ With respect to the Outer Hebrides and the isalnds of Aaran, Islay, Jura and Rum - (a)Deer, Cervus(allspecies)] [F605 Cervus]

[F605 (b)Deer, any hybrid one of whose parents or other lineal ancestor was a species of Cervus Deer] [F605 Any hybrid of the genus Cervus]

Dormouse, Fat Glis glis

Duck, Carolina Wood Aix sponsa

Duck, Mandarin Aix galericulata

Duck, Ruddy Oxyura jamaicensis

Eagle, White-tailed Haliaetus albicilla

[Flatworm, New Zealand] [Artiposthia triangulata]

Frog, Edible Rana esculenta

Frog, European Tree (otherwise known as Common tree frog) Hyla arborea

Frog, Marsh Rana ridibunda

Gerbil, Mongolian Meriones unguiculatus

Goose, Canada Branta canadensis

Goose, Egyptian Alopochen aegyptiacus

Heron, Night Nycticorax nycticorax

Lizard, Common Wall Podarcis muralis

Marmot, Prairie (otherwise known as Prairie dog) Cynomys

Mink, American Mustela vison

Newt, Alpine Triturus alpestris

[Newt, Italian Crested] [Triturus carnifex]

[F606Owl, Barn] [Tyto alba]

Parakeet, Ring-necked Psittacula krameri

Partridge, Chukar Alectoris chukar

Partridge, Rock Alectoris graeca

Pheasant, Golden Chrysolophus pictus

Pheasant, Lady Amherst’s Chrysolophus amherstiae

Pheasant, Reeves’ Syrmaticus reevesii

Pheasant, Silver Lophura nycthemera

Porcupine, Crested Hystrix cristata

Porcupine, Himalayan Hystrix hodgsonii

Pumpkinseed (otherwise known as Sun-fish or Pond-perch) Lepomis gibbosus

Quail, Bobwhite Colinus virginianus

Rat, Black Rattus rattus

[snake, Aesculapian] [Elaphe longissima]

Squirrel, Grey Sciurus carolinensis

Terrapin, European Pond Emys orbicularis

Toad, African Clawed Xenopus laevis

Toad, Midwife Alytes obstetricans

Toad, Yellow-bellied Bombina variegata

Wallaby, Red-necked Macropus rufogriseus

Wels (otherwise known as European catfish) Silurus glanis

Zander Stizostedion lucioperca

 

 

I see no mention of foxes there.

 

A word of warning though, anyone releasing foxes could be guilty of an offence under the Animal Welfare Act 2006, if by doing so they caused un-necessary suffering (in the opinion of a judge).

 

The whole legislation can be seen here.

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A word of warning though, anyone releasing foxes could be guilty of an offence under the Animal Welfare Act 2006, if by doing so they caused un-necessary suffering (in the opinion of a judge).The whole legislation can be seen here.

Thanks, that's the reference I needed in my post!

 

Ric

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Simple answer - no its not.

for things like grey squirrel that are not native, you would need a licence.

 

http://wildlife1.wildlifeinformation.org/s/00Ref/miscellaneouscontents/bwrc-guidelines/4Release.htm

 

http://www.bwrc.org.uk/

 

 

 

Schedule 9 of the W&C Act (as amended by SI)only lists non-native species which may not be released.

 

The only legislation that would have applied is the Abandonment of Animals Act of 1960 which was repealed as part of the Animal Welfare Act 2006.

 

Can anyone find a reference to the legislation (not an animal rights website) that states that it is illegal?

Edited by R. Docks
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