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Fowling on Christmas Day


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I have always thought that it was permitted as its not classed as "Game" under the Wildlife and Countryside Act 1981, but now looking at some BASC codes of practise it clearly says "The taking of Wildfowl is prohibited on Sundays and Christmas Day in England, Wales and Scotland"

 

To clear it up, is it illegal to shoot wildfowl on christmas day in England?

 

Edit to say this is what the W&CA 1981 says about it: (Part 1 Schedule 2 is all legal wildfowl quarry)

 

(1)Subject to the provisions of this section, a person shall not be guilty of an offence under section 1 by reason of the killing or taking of a bird included in Part I of Schedule 2 outside the close season for that bird, or the injuring of such a bird outside that season in the course of an attempt to kill it.

(2)Subject to the provisions of this section, an authorised person shall not be guilty of an offence under section 1 by reason of—

(a)the killing or taking of a bird included in Part II of Schedule 2, or the injuring of such a bird in the course of an attempt to kill it;

(b)the taking, damaging or destruction of a nest of such a bird; or

©the taking or destruction of an egg of such a bird.

(3)Subsections (1) and (2) shall not apply in Scotland on Sundays or on Christmas Day; and subsection (1) shall not apply on Sundays in any area of England and Wales which the Secretary of State may by order prescribe for the purposes of that subsection.

 

 

As i thought there is no restrictions on shooting wildfowl in England on Christmas Day, even if it falls on a Sunday unles you are in the counties stil covvered by the Protection of Birds act 1954.

 

So why is it then, in one of BASCs Codes of Practise, it clearly states shooting Wildfowl on Christmas Day and Sunday is illegal?

Edited by .Joe
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Its certainly not the thing to do but i think the legalities have been forgotten along the way due to confusion and peoples opinion. I was just wondering out of curiosity. Game is clearly stated as illegal for sundays and christmas day, which is well known, but wildfowl in England, is never CLEARLY stated in black and white.

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