Wild Animal Welfare White Paper: regulatory impact assessment

This Regulatory Impact Assessment (RIA) supports the consultation on proposals for a Wild Animal Welfare (Wales) Bill.

The proposed bill forms part of a wider programme of wildlife law reform in Wales. The law relating to wildlife management and protection is currently spread across a complex framework of legislation, much of which predates devolution. Welsh Ministers have therefore agreed a two-stage legislative approach to reform.

The first stage is the proposed Wild Animal Welfare (Wales) Bill. This is intended to be a small and focused Bill addressing two specific animal welfare issues:

• the disturbance of seals, and
• the shooting of hares during their breeding season

The second stage will comprise a wider Wildlife Bill which will consolidate, restate and modernise wildlife management legislation in Wales. That future legislation will provide the primary vehicle for improving the accessibility, coherence and structure of wildlife law.

The purpose of the Wild Animal Welfare (Wales) Bill is therefore not to undertake wider reform of wildlife legislation. Rather, it is intended to address two specific animal welfare concerns which Ministers have agreed should not await the consolidation and restatement programme. Welsh Government considers both measures address identified gaps in the current legislative framework which permit avoidable harm to occur, and which are not adequately addressed through existing legislation, guidance or voluntary measures. 

This consultation seeks views on the proposed measures, their anticipated costs and benefits, and the practical implications of implementation and enforcement.

What follows are the costs, benefits, risks and affected groups which have been identified. This consultation seeks evidence to test, refine or challenge the assessment. A final RIA will accompany a bill, should one be introduced. 

This is a consultation-stage RIA and has been prepared on a proportionate basis.

The proposed bill contains two discrete policy measures. Each has been assessed separately against the current legislative baseline and against alternative options capable of achieving the policy objectives. 

For each proposal the assessment considers:

• the problem being addressed
• the policy objective
• the options considered
• anticipated costs
• anticipated benefits
• implementation considerations
• enforcement impacts, and
• relevant wider impacts

The assessment draws upon:

• existing legislation in Wales and elsewhere in the United Kingdom
• evidence from wildlife and animal welfare organisations
• available scientific literature
• engagement with enforcement bodies
• discussions with key stakeholders, and
• work undertaken in support of identifying and assessing the impacts on the justice system

Where impacts cannot be quantified with confidence they are described qualitatively. Consultation responses will be used to improve the evidence base, test assumptions and inform future assessment work.

The consultation relates only to the two measures proposed for inclusion within the Wild Animal Welfare (Wales) Bill.

The consultation is not seeking views on wider wildlife law consolidation, restatement or reform. Those matters will be considered separately through the second stage of the wildlife law reform programme.

The consultation seeks views on:

• the appropriateness of the preferred policy options
• whether the identified costs, benefits and risks have been accurately assessed
• implementation and enforcement considerations, and
• possible unintended consequences

Welsh Government particularly welcomes evidence relating to:

• the scale and nature of seal disturbance in Wales
• impacts associated with disturbance of seals
• the extent of hare shooting during the proposed close season period
• likely impacts on individuals, businesses and organisations
• likely enforcement demand, and
• any costs or benefits which have not been identified within this assessment

Responses received through consultation will be used to refine assumptions, strengthen the evidence base and inform development of the final RIA.

The following sections set out Welsh Government's assessment of the options considered for each proposal and the anticipated impacts associated with them. The assessment draws upon scientific literature, evidence provided by animal welfare and conservation organisations, engagement with enforcement bodies, consideration of legislative approaches elsewhere in the United Kingdom, and work undertaken in support of identifying impacts on the justice system.

Welsh Government has identified preferred options for both measures and has assessed the likely costs, benefits, risks and implementation requirements associated with those options. Consultation responses are invited on the basis of that assessment and will be used to test assumptions, identify additional evidence and refine the final Regulatory Impact Assessment.

Problem/gap and rationale for intervention

Wales supports an important breeding population of grey seals which is recognised through the Special Areas of Conservation (SAC)s at Pembrokeshire and Cardigan Bay. Wales contains some of the most accessible seal breeding sites in Britain. Increasing levels of coastal recreation, marine activity and wildlife tourism have resulted in growing concern regarding the disturbance of seals by human activity. Disturbance can occur both on land and at sea and may arise where people approach seals too closely, intentionally or otherwise. Evidence indicates disturbance can cause seals to abandon haul-out sites, trigger panic responses and result in injury, stress, reduced fitness and, in some circumstances, mortality. Particular welfare concerns arise where disturbance causes separation of mothers and dependent pups. 

Although seals are protected from being killed, injured or taken under the Conservation of Seals Act 1970, there is currently no offence in Wales of intentionally or recklessly disturbing a seal. This contrasts with protections available for other marine mammals and with approaches adopted elsewhere in parts of the United Kingdom. Welsh Government considers this represents a significant gap in the current legislative framework. As a consequence, enforcement authorities currently have limited options available where behaviour causes welfare impacts through disturbance but does not amount to killing, injury or taking.

The rationale for intervention is therefore founded upon animal welfare considerations. Welsh Government considers the current legislative framework does not adequately discourage or deter behaviour which may result in avoidable harm to seals. Voluntary awareness-raising campaigns alone have been unable to address all instances of harmful disturbance.

Policy objective

The policy objective is to improve animal welfare by reducing avoidable harm caused by the intentional or reckless disturbance of seals and to provide a clear and proportionate legal framework which supports responsible interaction with wildlife and effective enforcement where harmful behaviour occurs.

Options considered

Option 1: do nothing

Under this option the existing legislative framework would remain unchanged.

This option would avoid implementation costs and would impose no additional obligations upon individuals, businesses or public authorities. However, the identified gap within the legislative framework would remain and enforcement agencies would continue to have limited powers to respond to incidents of seal disturbance. Welfare harms associated with disturbance, including stress, injury, maternal separation and abandonment of dependent pups, would remain capable of occurring without a specific enforcement mechanism. Welsh Government does not consider this option capable of achieving the policy objective. 

Option 2: site-based protection

Under this option, protection from disturbance would apply only at designated seal haul-out sites or specified locations, broadly following the approach adopted in Scotland.

This option would provide additional protection at designated sites and may reduce disturbance at some locations known to support significant seal activity. However, seals are highly mobile animals and disturbance frequently occurs away from designated sites. Welfare impacts are not confined to particular locations and may arise wherever seals occur. This option would also introduce additional complexity because designated locations would require identification, communication and ongoing review. Enforcement authorities and members of the public would need to determine whether conduct occurred inside or outside a designated area. Welsh Government considers this option would only partially address the identified welfare issue.

Option 3: general offence of seal disturbance (preferred option)

Under this option, a new offence of intentionally or recklessly disturbing seals would apply throughout Wales.

This option would provide protection wherever seals occur and would address the identified gap in the legislative framework. It would provide a clear basis for enforcement and would avoid the complexity associated with site-based protections. Welsh Government considers this option is best aligned with the policy objective because it seeks to address welfare harms irrespective of location and provides a consistent approach capable of being understood by both enforcement authorities and members of the public. 

This option envisages bringing the new disturbance offence within the existing licensing framework under the Wildlife and Countryside Act 1981. This would allow licences to be granted which would allow the disturbance of seals for specified purposes, including scientific or educational purposes, conservation of wild animals, reintroduction or translocation projects, photography, public health or public safety, disease control, and the prevention of serious damage to fisheries. The proposal does not require the creation of a new licensing regime.

Groups affected

Groups potentially affected include:

• coastal visitors and members of the public
• recreational water users
• tourism and recreation businesses
• wildlife photographers
• commercial fishing operators
• vessel operators
• wildlife tourism operators
• marine mammal conservation organisations
• marine wildlife rescue and rehabilitation organisations
• researchers, scientific institutions and those undertaking licensed educational activities
• Natural Resources Wales (NRW)
• Local authorities
• National Parks
• enforcement authorities, and
• conservation and animal welfare organisations

Costs 

Costs associated with the preferred option are expected to be low and capable of being absorbed within existing arrangements.

The principal costs are expected to arise from the preparation of guidance, awareness-raising activity and familiarisation with the new legal requirements. These costs are expected to fall primarily on Welsh Government, enforcement agencies and organisations whose activities bring them into regular contact with seals, including tourism and recreation operators.

Most responsible operators already follow voluntary marine codes of conduct intended to reduce disturbance of seals. Welsh Government therefore expects the principal compliance cost to be familiarisation with the new offence rather than significant changes to operational practice. There is no expectation of a reduction in consumer demand for tour operators given the majority are believed to be compliant and because the general public would likely not tolerate detrimental impacts upon the wildlife they are paying to observe.

Enforcement activity is expected to increase modestly because authorities would be able to investigate conduct which cannot currently result in enforcement action. However, no new regulator, inspectorate or enforcement body is proposed, and existing wildlife crime enforcement arrangements are expected to remain sufficient.

Some organisations and individuals may incur limited administrative costs where licences are required to undertake activities which might otherwise constitute disturbance. However, Welsh Government does not anticipate the need for a new licensing regime or application system, as any licences are expected to operate through existing statutory licensing arrangements. 

Welsh Government's preliminary assessment of justice system impacts suggests the impacts on police forces, prosecutors and the courts are likely to be low, with between 0 and 5 cases per annum across both measures expected to proceed to formal enforcement action. 

No significant capital expenditure or infrastructure requirements have been identified.

Benefits

Welsh Government considers the principal benefits of the preferred option would arise from improvements in animal welfare. There is no data available on which to base an estimate of the value from an improvement in animal welfare as a result of the proposed Bill. However, the value UK society places on animal welfare can be demonstrated by the millions of pounds donated to animal welfare charities each year and the hundreds of thousands of people who visit animal welfare organisations each year, including seal sanctuaries.   

Evidence reviewed during policy development indicates disturbance can result in stress responses, injury, abandonment of haul-out sites and, in some circumstances, mortality. Particular concerns exist where disturbance results in separation of mothers and dependent pups, potentially leading to abandonment and avoidable suffering. The preferred option is intended to reduce the frequency of such incidents by deterring harmful behaviour and improving public understanding of appropriate interactions with seals.

A further benefit is the closure of an identified gap in the current legislative framework. Whilst seals are protected from being killed, injured or taken, there is currently no offence of intentionally or recklessly disturbing seals. The creation of a disturbance offence would provide a clearer and more complete framework for protecting seal welfare.

Welsh Government also considers the proposal is likely to improve public awareness of responsible behaviour around marine wildlife and provide greater clarity for enforcement authorities when responding to incidents.

Exceptions to the offence and the availability of licenses, where appropriate, are intended ensure the proposal is proportionate.

While the main benefit from the proposal is expected to be an improvement in animal welfare, there is a potential avoided cost for animal welfare organisations. One UK organisation which specialises in rehabilitating injured or abandoned seal pups has stated it costs an average of in excess of £2,000 to rescue, rehabilitate and release a seal pup. Seal rescue organisations do not routinely publish comprehensive annual statistics for Wales. However, Welsh Marine Life Rescue has previously reported rescuing an average of 25 to 35 seals per year, with a record 61 seals rescued in 2017 (on www.celticquestcoasteering.com). The RSPCA does not publish a Wales-specific breakdown of seal admissions. However, their specialist rehabilitation centres that receive seals from Wales report substantial annual caseloads. For example, one of its centres reported admitting 382 seal pups over a six-year period, equivalent to an average of approximately 64 seal pups per year (on facebook.com).  

On this basis, it is reasonable to assume that dozens of seals from Wales require rehabilitation each year. Applying published estimates that rehabilitation can cost in excess of £2,000 per seal pup (on sealsanctuary.sealifetrust.org) suggests that the collective cost of rescue and rehabilitation to charities and other non-governmental organisations could amount to around £100,000 annually. This figure should be regarded as indicative only. Not all seal rescues arise from disturbance and may instead be associated with factors such as disease, injury, severe weather, malnutrition or entanglement.

Wider benefits may include support for responsible wildlife tourism, enhanced public confidence in animal welfare protections and greater consistency with protections afforded to other marine mammals.

The proposal would also align the protection afforded to seals with existing disturbance-based offences that apply to other marine mammals. This would provide a more coherent and consistent legislative framework, making the law easier for the public to understand and for enforcement authorities to apply. Greater consistency across species protections is expected to support clearer communication of responsible wildlife-watching practices and improve awareness of activities that may cause disturbance.

Disbenefits, risks, uncertainties and sensitivities

The principal uncertainty relates to the scale of current disturbance activity in Wales. Whilst evidence clearly demonstrates seal disturbance occurs and can cause welfare impacts, comprehensive national data do not exist and much of the available evidence is derived from incident reporting, monitoring programmes and studies undertaken elsewhere in the UK.

Whilst uncertainty remains regarding the scale of disturbance activity in Wales, Welsh Government considers the available evidence is sufficient to demonstrate disturbance of seals occurs and is capable of causing significant animal welfare harms.

There is also uncertainty regarding the degree to which legislative change, rather than continued awareness-raising activity, will contribute to behavioural change. Welsh Government considers legislation and awareness-raising to be complementary rather than alternative approaches.

Some stakeholders may consider existing voluntary guidance sufficient. However, Welsh Government has concluded voluntary measures alone do not provide an adequate mechanism for addressing the most serious incidents or repeated non-compliance from some sectors.

Whilst enforcement demand is anticipated to remain low, the actual number of reports, investigations and prosecutions cannot be predicted with certainty at this stage.

There is also uncertainty regarding the extent to which licences may be required to authorise activities which would otherwise constitute disturbance and the frequency with which such applications may arise. However, as licensing is expected to operate through existing statutory arrangements, Welsh Government does not anticipate the need for a new licensing system or significant additional administrative infrastructure.

Implementation, enforcement and monitoring

Implementation is expected to require communications activity, stakeholder engagement and publication of guidance to support understanding of the new requirements.

The proposal would be enforced through existing wildlife crime arrangements, and no new enforcement body is proposed. Investigation and prosecution would operate through the same framework used for other wildlife offences. Welsh Government's preliminary assessment of justice system impacts suggests any increase in enforcement activity is expected to be low and capable of being absorbed within existing arrangements. 

Monitoring would be undertaken through consideration of enforcement activity, stakeholder feedback and evidence gathered following commencement. Welsh Government anticipates a post-implementation review would consider whether the measure has achieved its intended animal welfare objectives and whether any amendments are required.

Wider impacts

The proposal will  contribute positively to wider animal welfare objectives and support public confidence in the wildlife management framework in Wales. It may also strengthen perceptions of Wales as maintaining high standards of animal welfare and responsible wildlife management. 

Evidence

• Wilson, S.C. (2014). The Impact of Human Disturbance at Seal Haul-outs: A Literature Review for the Seal Conservation Society. Seal Conservation Society. 
• Wild Seas Wales: respect seals (on wildseas.wales)
• Department for Environment, Food and Rural Affairs (Defra) (2026). UK Marine Strategy Part One: Updated Assessment and Good Environmental Status. London: Defra.
• Seal Research Trust: what we do ( sealresearchtrust.com) 
• Wildlife Trust of South and West Wales: Responsible Seabird, Seal and Cetacean Watching (on welshwildlife.org)

Problem/gap and rationale for intervention

Brown hare is a species of principal importance for maintaining and enhancing biodiversity in Wales under section 7 of the Environment (Wales) Act 2016. Unlike other game species, however, hare may currently be shot throughout the year and there is no statutory close season in Wales. Hare is therefore a notable exception to the long-established principle that game species should be protected during breeding and dependency periods. 

The absence of a close season means hares may lawfully be shot during periods when females are pregnant, nursing dependent young, or supporting recently weaned leverets. Animal welfare organisations have for many years raised concerns that shooting during this period can result in the death of breeding females and the orphaning of dependent young, leading to avoidable suffering through starvation, predation and exposure. Evidence reviewed by Welsh Government suggests significant numbers of hares are pregnant or nursing dependent young during February and throughout much of the proposed close season period.

The rationale for intervention is founded primarily on animal welfare considerations rather than concerns regarding species conservation. Whilst there is evidence of historical declines in hare populations, the policy objective is not to prevent species decline or to alter the conservation status of hare. Rather, the proposal seeks to address the welfare consequences which arise when pregnant or nursing animals are shot during the breeding season and dependent young survive only briefly without maternal care. 

The current situation represents and also creates an increasing divergence between Wales and other parts of the United Kingdom. Scotland has operated a statutory close season for brown hare since 2012 and Northern Ireland provides seasonal protection for Irish hare. UK Government has also indicated its intention to introduce a close season for hare in England when a suitable legislative opportunity arises. Once this occurs, Wales would become the only part of the United Kingdom without statutory seasonal protection for hare. 

Welsh Government has considered whether reliance on voluntary guidance is sufficient. Whilst shooting organisations have promoted voluntary restraint, and BASC currently advises against shooting hare during part of the breeding season, voluntary measures do not prevent shooting during periods when hares may be pregnant or nursing and provide no mechanism for enforcement where guidance is disregarded. Welsh Government therefore considers voluntary measures alone do not achieve the policy objective.

Policy objective

The policy objective is to improve animal welfare by protecting pregnant hares, nursing females and dependent leverets during the breeding season and reducing avoidable suffering associated with the shooting of breeding animals during this period. 

The proposal also seeks to apply to hare the same underlying principle already reflected across game management legislation, namely the principle of protecting animals during sensitive periods of reproduction and dependency.

Options considered

Option 1: do nothing

Under this option the existing legislative framework would remain unchanged, and hare could continue to be shot throughout the year.

This option would not impose any costs on individuals, businesses, land managers or public authorities. Existing shooting practices could continue without restriction and there would be no additional enforcement or compliance activity. 

However, the identified welfare concerns would remain. Pregnant and nursing hares would continue to be vulnerable to shooting during the breeding season and dependent leverets would continue to be at risk of being orphaned. The current inconsistency between hare and other game species would remain and Wales would risk becoming the only nation within the United Kingdom without seasonal protection for hare. Welsh Government does not consider this option would achieve the policy objective. 

Option 2: introduce a close season (preferred option)

Under this option, there would be a new offence of intentionally or recklessly killing, injuring or taking hare during a statutory close season (1 February and 30 September), unless an exception applies or a licence is applied for, and granted.

This option would provide protection throughout the principal breeding period and would directly address the welfare concerns which have been identified. By preventing the shooting of pregnant and nursing females during this period, the proposal is expected to reduce the likelihood of dependent leverets being orphaned and suffering avoidable harm. The approach reflects the principle already applied to other game species and follows an established legislative model which has operated in Scotland since 2012. 

Welsh Government considers a close season represents a proportionate intervention because it focuses on the period during which welfare concerns arise whilst continuing to permit hare shooting outside this period. The proposal therefore seeks to achieve the policy objective without imposing restrictions beyond those necessary to address the identified welfare issue. 

The preferred option would continue to allow intervention in limited circumstances where there is a clear justification, including the prevention of serious damage to livestock, crops, or property. Welsh Government's preferred approach is that such activity would be authorised through the existing licensing framework under the Wildlife and Countryside Act 1981, rather than through the creation of a new licensing regime.

Option 3: ban all hare shooting

Under this option the shooting of hare would be prohibited throughout the year.

This option would provide the highest level of protection and would remove the possibility of hares being shot at any point during the annual cycle. It would therefore eliminate the specific welfare harms associated with shooting during the breeding season.

However, Welsh Government considers this approach would go significantly further than is necessary to achieve the stated policy objective. The identified welfare concern relates to the breeding and dependency period rather than hare shooting in principle. A year-round prohibition would place substantially greater restrictions on shooting activities, land management practices and any future control measures than are necessary to address the welfare issue identified. Welsh Government therefore considers this option would be disproportionate.

Groups affected

Groups potentially affected include:

• individuals who currently shoot hare
• landowners and land managers
• sporting estates
• shooting organisations and representative bodies
• farmers and agricultural businesses, particularly those who currently undertake hare control to prevent or reduce crop damage
• enforcement authorities
• Natural Resources Wales (NRW)
• conservation organisations, and
• animal welfare organisations

The extent of any impact is expected to vary depending on the degree to which individuals or organisations currently undertake hare shooting during the proposed close season period.

Costs

The principal costs associated with the preferred option are expected to arise from:

• familiarisation with the new legal requirements 
• production of guidance and communications materials
• limited compliance and enforcement activity, and
• loss of opportunity to shoot hares during the close season period

Welsh Government has not identified evidence hare shooting represents a significant standalone economic activity within Wales. Welsh Government therefore currently considers the economic impacts of the preferred option are likely to be limited.

The principal impacts are expected to arise from the loss of opportunity to shoot hare during the close season period and from familiarisation with the new legal requirements.

Some farmers, land managers and agricultural businesses may experience limited additional administrative impacts where they currently undertake hare control to prevent serious damage to livestock, crops,  or property and would in future be required to obtain a licence before undertaking such activity during the close season. Welsh Government understands that any such licences would be administered through existing statutory licensing arrangements and would be expected to fall within a category of licences for which Natural Resources Wales currently applies a charge waiver. As a result, applicants are not expected to incur a licence fee. The principal cost to applicants is therefore expected to be the time associated with preparing and submitting a licence application and providing any supporting information required. Welsh Government does not anticipate the need for a new licensing regime or application system, as any licensing requirements are expected to operate through existing statutory licensing arrangements.

Natural Resources Wales is not able to provide an estimate of the administrative cost of processing licence applications associated with the proposal as the number of potential licence applications is currently unknown. Welsh Government will continue to work with NRW to assess the likely scale of any administrative impacts and will update the assessment prior to publication of the final Regulatory Impact Assessment.

Most costs are therefore expected to be non-cash impacts rather than direct expenditure. No significant capital costs have been identified, and no delivery body, inspectorate or enforcement authority is required.

Welsh Government's preliminary assessment of justice system impacts suggests only a small number of investigations or prosecutions across both measures contained within the Bill. Enforcement would be undertaken through existing wildlife crime arrangements, which are expected to be sufficient. 

Benefits

Welsh Government considers that the principal benefit of the preferred option for hares would be a reduction in avoidable animal suffering during the breeding season. While there is insufficient evidence to quantify the economic value of the animal welfare improvements that would result from the proposed Bill, the importance that society places on animal welfare is demonstrated by the millions of pounds donated to animal welfare charities each year and the hundreds of thousands of people who visit animal welfare organisations, including wildlife centres.

By reducing the likelihood of pregnant and nursing females being  being intentionally or recklessly killed, injured or taken’, the proposal is expected to reduce the risk of dependent leverets being orphaned and subsequently suffering through starvation, exposure or predation.

The preferred option also addresses a long-standing inconsistency within wildlife management legislation. Hare are currently a notable exception to the principle that game species should be protected during breeding and dependency periods. The proposal would apply to hare the same welfare principle already reflected elsewhere within game management legislation.

A further benefit is the establishment of a consistent legal standard. 

Although voluntary guidance currently exists, compliance varies and the guidance is not enforceable. The preferred option would provide greater clarity for land managers, shooters and enforcement bodies.

The exceptions to the offence and availability of licensing through existing statutory arrangements would allow the animal welfare objectives of the proposal to be achieved whilst retaining flexibility to address serious damage to livestock, crops, fisheries or property where justified. This is expected to improve the proportionality of the proposal and reduce the risk of unintended consequences for farming, land management and other legitimate activities.

Welsh Government also considers the proposal would improve public confidence in wildlife welfare legislation and strengthen Wales' reputation for maintaining high animal welfare standards.

The proposal may also generate wider benefits through aligning Wales with legislative approaches already operating elsewhere in the UK or proposed for adoption in the future.

Whilst some conservation benefits may arise incidentally, these are not the primary rationale for intervention and have not been relied upon as the principal justification for the proposal.

Disbenefits, risks, uncertainties and sensitivities

The principal uncertainty relates to the absence of comprehensive data regarding the current scale of hare shooting in Wales and, in particular, shooting during the proposed close season period. This creates uncertainty regarding the scale of the welfare benefits which may arise from the proposal and the extent of any economic impacts experienced by affected interests. However, Welsh Government does not consider this uncertainty affects the underlying animal welfare rationale for intervention, namely the risk of pregnant and nursing hares being shot during the breeding season and dependent leverets being orphaned as a consequence.

Some shooting and land management organisations may regard the proposal as unnecessary or disproportionate, particularly where the proposed statutory close season extends beyond existing voluntary arrangements. Welsh Government nevertheless considers a statutory measure is justified because voluntary guidance cannot prevent harmful activity where it continues to occur.

There is also uncertainty regarding the extent to which licences may be required to authorise hare control during the close season and the frequency with which such circumstances arise. As comprehensive evidence is not available, uncertainty remains regarding the number of licence applications which may be made and the extent to which land managers may be affected by the proposal. However, as licensing is expected to operate through existing statutory arrangements, Welsh Government does not anticipate the need for a new licensing system or significant additional administrative infrastructure.

Implementation, enforcement and monitoring

Implementation is expected to require communications activity, stakeholder engagement and publication of guidance to support understanding of the new requirements.

The proposal would be enforced through existing wildlife crime arrangements, and no new enforcement body is proposed. Investigation and prosecution would operate through the same framework used for other wildlife offences. Welsh Government's preliminary assessment of justice system impacts suggests any increase in enforcement activity is expected to be low and capable of being absorbed within existing arrangements. 

Monitoring would be undertaken through consideration of enforcement activity, stakeholder feedback and evidence gathered following commencement. Welsh Government anticipates a post-implementation review would consider whether the measure has achieved its intended animal welfare objectives and whether any amendments are required.

Wider impacts

The proposal will contribute positively to wider animal welfare objectives and support public confidence in the wildlife management framework in Wales. It may also strengthen perceptions of Wales as maintaining high standards of animal welfare and responsible wildlife management. 

The Wild Animal Welfare (Wales) Bill represents the first stage of a two-stage programme of wildlife law reform in Wales. The Bill is intentionally narrow in scope and is confined to two targeted measures addressing identified animal welfare concerns which Ministers have agreed should be progressed ahead of the wider programme of wildlife law consolidation and restatement.

Welsh Government's preferred proposals are set out below.

Legislative policy area: hare welfare

Preferred proposal

Introduce a close season prohibiting the intentional or reckless killing, injuring or taking of hare between 1 February and 30 September each year (subject to exceptions and the ability to license certain activities).

Legislative policy area: seal welfare

Preferred proposal

Introduce a new offence of intentionally or recklessly disturbing seals throughout Wales (subject to exceptions and the ability to license certain activities).

Welsh Government considers the preferred options represent proportionate responses to identified animal welfare concerns and provide the most effective means of achieving the stated policy objectives. The proposals are intended to close identified gaps in the current legislative framework whilst avoiding the creation of new regulatory bodies, extensive new administrative structures or disproportionate burdens on affected individuals and organisations.

The primary benefits of the proposals are expected to arise through improved animal welfare outcomes, greater consistency within wildlife legislation, and improved enforcement capability in relation to behaviours which are capable of causing avoidable harm to wild animals.

At this stage, many of the anticipated benefits cannot be robustly monetised and some uncertainties remain regarding the scale of impacts. Consultation responses are therefore sought to test the assumptions underpinning this assessment and to identify any additional evidence relevant to the final Regulatory Impact Assessment.

Welsh Government considers the preferred options represent proportionate and targeted responses to identified animal welfare concerns relating to the intentional or reckless disturbance of seals and the intentional or reckless killing, injuring or taking of hare during the breeding season. The proposals are intended to address specific gaps within the current legislative framework whilst avoiding the creation of new regulators, significant new administrative structures or disproportionate burdens on individuals, businesses and public authorities.

The assessment indicates the principal costs associated with the proposals are likely to arise from familiarisation with new legal requirements, implementation of guidance and communications activity, limited enforcement activity and, in the case of hare, restrictions on the killing, injury or taking of hare during the proposed close season period. Additional administrative impacts may arise where licences are required to authorise activities that would otherwise be prohibited. However, both proposals are expected to operate through existing statutory licensing arrangements and existing enforcement structures. Consequently, Welsh Government does not anticipate the need for new licensing systems, regulatory bodies or significant additional delivery mechanisms.

Welsh Government has not identified evidence suggesting either proposal is likely to result in substantial economic impacts. Hare shooting is not currently considered to represent a significant standalone economic activity in Wales and many organisations and individuals affected by the seal disturbance proposal already seek to avoid disturbance through adherence to existing guidance and good practice. The principal compliance impacts are therefore expected to arise from behavioural adjustment, familiarisation and, where necessary, applications for licences.

The principal benefits are expected to arise through improvements in animal welfare and the reduction of avoidable harm to wild animals. For seals, the preferred option is intended to reduce welfare impacts associated with disturbance, including stress, injury, maternal separation and abandonment of dependent pups. For hare, the preferred option is intended to reduce the likelihood of pregnant and nursing animals being shot during the breeding season and the associated risk of dependent leverets being orphaned. The proposals are also intended to improve consistency within wildlife legislation, provide greater clarity for enforcement authorities and support public confidence in standards of wildlife welfare protection.

Welsh Government recognises that some uncertainty remains regarding the scale of certain impacts. In particular, comprehensive data are not available regarding the frequency of seal disturbance incidents in Wales, the extent of hare shooting during the proposed close season period or the likely demand for licences under the existing statutory licensing framework. These uncertainties affect the precision with which impacts can be quantified but do not alter the Welsh Government's view that both proposals address identifiable animal welfare concerns and legislative gaps.

Welsh Government therefore considers that the anticipated benefits of the preferred options are likely to outweigh the limited costs identified at this stage. Consultation responses are invited to test the assumptions underpinning this assessment, identify any additional evidence and improve understanding of the likely scale of impacts prior to introduction of the Bill.

This assessment has been informed by a range of evidence sources including scientific literature, evidence considered by animal welfare and conservation organisations, stakeholder engagement, existing wildlife legislation and policy approaches adopted elsewhere in the United Kingdom, and Welsh Government's preliminary assessment of justice impacts.

A key assumption underpinning the assessment is the ability to deliver implementation and enforcement through existing administrative, enforcement and criminal justice arrangements without the need to establish new institutions, regulatory bodies or significant additional delivery structures.

The assessment also assumes compliance costs will be limited because many individuals and organisations likely to be affected already operate in accordance with good practice guidance intended to minimise disturbance of seals and avoid the killing of hare during the breeding season.

The principal uncertainties relate to:

• the extent of current seal disturbance activity in Wales
• the frequency with which disturbance causes welfare impacts
• the scale of hare shooting activity during the proposed close season period
• the magnitude of potential welfare benefits arising from the proposals
• the extent of any economic impacts on affected interests
• the likely frequency with which licences may be sought to authorise activities which would otherwise constitute disturbance of seals
• the likely frequency with which licences may be sought to authorise the killing of hare during the close season
• future enforcement demand, and
• the extent to which behavioural change can be attributed directly to legislation rather than ongoing awareness-raising activity

Whilst these uncertainties affect the precision with which impacts can be quantified, Welsh Government considers they do not undermine the underlying rationale for intervention. Available evidence indicates both proposals address identifiable animal welfare concerns and gaps within the current legislative framework. Consultation responses are therefore sought to test the assumptions underpinning this assessment, identify additional evidence and improve understanding of the likely scale of impacts prior to introduction of the Bill.