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Number: WG55018

Welsh Government Consultation Document

Wild Animal Welfare White Paper

Date of issue: 21 September 2026
Action required: Responses by 19 October 2026

Overview

Welsh Government is seeking views on two proposals in relation to wild animal welfare that may be taken forward in primary legislation (a Bill).

The proposed Wild Animal Welfare (Wales) Bill would introduce two targeted measures to address specific animal welfare concerns relating to seals and hare in Wales: it would establish a statutory close season during which it would be unlawful to intentionally or recklessly kill, injure or take hare and introduce a new offence of intentional or reckless disturbance of seals.

These proposals are intended to address identified gaps and inconsistencies within the current legislative framework and ensure Wales continues to maintain high standards of animal welfare. They would form a focused first stage of a wider programme of work to improve the accessibility and coherence of wildlife legislation in Wales.

Through this consultation we are seeking views on the proposals, including their implementation, potential impacts, costs, benefits and any unintended consequences.

The responses received will help inform Welsh Government's consideration of whether to take the proposals forward.

How to respond

The closing date for responses is midnight on 19 October 2026.

Please use the consultation response form to provide your views. You can do this through our email address or office address below.

Further information and related documents

Large print, Braille and alternative language versions of this document are available on request.

Mae’r ddogfen hon ar gael yn Gymraeg hefyd / This document is also available in Welsh. 

Contact details

For further information, contact:

Wildlife Team

Landscapes, Nature and Forestry Division
Welsh Government
Cathays Park
Cardiff
CF10 3NQ

Rydym yn croesawu gohebiaeth yn Gymraeg / We welcome correspondence in Welsh.

UK General Data Protection Regulation (UK GDPR)

Welsh Government will be data controller for Welsh Government consultations and for any personal data you provide as part of your response to the consultation. 

Welsh Ministers have statutory powers they will rely on to process this personal data which will enable them to make informed decisions about how they exercise their public functions. The lawful basis for processing information in this data collection exercise is our public task; that is, exercising our official authority to undertake the core role and functions of the Welsh Government. (Art 6(1)(e)) 

Any response you send us will be seen in full by Welsh Government staff dealing with the issues which this consultation is about or planning future consultations. In the case of joint consultations this may also include other public authorities. Where the Welsh Government undertakes further analysis of consultation responses then this work may be commissioned to be carried out by an accredited third party (e.g. a research organisation or a consultancy company). Any such work will only be undertaken under contract. Welsh Government’s standard terms and conditions for such contracts set out strict requirements for the processing and safekeeping of personal data.

In order to show that the consultation was carried out properly, Welsh Government intends to publish a summary of the responses to this document. We may also publish responses in full. We publish responses anonymously and your name and contact details will not be included. If you would like your name or other details published alongside your response, please let us know when you submit your response, and we will include them.

You should also be aware of our responsibilities under Freedom of Information legislation and that Welsh Government may be under a legal obligation to disclose some information.

If your details are published as part of the consultation response, then these published reports will be retained indefinitely. Any of your data held otherwise by Welsh Government will be kept for no more than three years.

Your rights

Under the data protection legislation, you have the right:

  • to be informed of the personal data held about you and to access it
  • to require us to rectify inaccuracies in that data
  • to (in certain circumstances) object to or restrict processing
  • for (in certain circumstances) your data to be ‘erased’
  • to (in certain circumstances) data portability
  • to lodge a complaint with the Information Commissioner’s Office (ICO) who is our independent regulator for data protection

For further details about the information the Welsh Government holds and its use, or if you want to exercise your rights under the UK GDPR, please see contact details below:

Data Protection Officer

Welsh Government
Cathays Park
Cardiff
CF10 3NQ

Rydym yn croesawu gohebiaeth yn Gymraeg / We welcome correspondence in Welsh.

The contact details for the Information Commissioner’s Office are:

Information Commissioner’s Office

Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone:

0303 123 1113

Rydym yn croesawu galwadau yn Gymraeg / We welcome calls in Welsh.

Ministerial foreword

Wales has a proud record of promoting high standards of animal welfare. Public expectations about the treatment of animals continue to evolve, and it is important our legislative framework keeps pace with such expectations where there is evidence that improvements can be made.

This consultation seeks views on proposals for a Wild Animal Welfare (Wales) Bill.

The bill would introduce two targeted measures to address specific animal welfare concerns relating to seals and hare in Wales. The proposals would establish a statutory close season to protect hare during the breeding season, when it would be unlawful to intentionally or recklessly kill, injure or take hare and introduce a new offence of intentionally or recklessly disturbing seals.

Whilst these proposals concern different species and different environments, they are united by a common objective: reducing avoidable harm to wild animals and ensuring Wales continues its proud tradition of maintaining high standards of animal welfare.

The proposals should be viewed within the wider context of wildlife law in Wales. Much of the legislation governing wildlife protection and management has developed over many decades and is spread across a complex framework of laws, much of which pre-dates devolution. Alongside these proposals, the Welsh Government is therefore developing a broader programme of work to improve the accessibility, coherence and effectiveness of wildlife legislation in Wales.

I do not believe, however, that wider reform should prevent action being considered now where specific animal welfare concerns have been identified. The proposals relating to hare and seals represent a focused first stage of that wider programme of work.

This consultation is therefore focused on these two specific proposals. We are keen to hear views from a wide range of interests, including land managers, farmers, conservation organisations, animal welfare organisations, commercial fishing, wildlife tourism operators, recreational users of the countryside and coast, enforcement bodies and members of the public.

Your views and evidence will help inform the Welsh Government's consideration of these proposals and will contribute to the continued development of the accompanying impact assessments and proposed legislation.

I encourage everyone with an interest in these issues to respond.

Llyr Gruffydd MS
Cabinet Minister for Rural Resilience and Sustainability

Introduction

Wildlife law in Wales

  1. The law relating to wildlife protection and management in Wales has developed over many decades and is spread across a complex framework of primary and secondary legislation.
  2. Wildlife legislation serves a number of purposes, including protecting species, regulating activities involving wildlife, providing licensing arrangements in specified circumstances, supporting conservation objectives and enabling appropriate management of wildlife where necessary.
  3. Much of the current legislative framework pre-dates devolution. One of the principal statutes governing wildlife protection and management remains the Wildlife and Countryside Act 1981, although a range of other legislation also applies to particular species, habitats and activities.

The wider programme of wildlife law reform

  1. Concerns have been raised for many years about the complexity of the law in the United Kingdom and the disorganised state of our vast and sprawling statute book. This is a problem caused, not only by the sheer volume of primary, secondary and quasi-legislation, but also because that legislation is amended, re-amended and re-made in inconsistent ways over time. This practice creates layers of legislation that may be related or interconnected in a number of different ways, making the legislative landscape difficult for users to navigate. In addition, it is now common for the law to be different in Wales, England, Scotland, and Northern Ireland.
  2. Wildlife legislation suffers similar problems, and in 2015 the Law Commission noted that over the last two centuries wildlife legislation had developed in a piecemeal fashion, often in reaction to specific pressures. They concluded that the current legislation had become unnecessarily complex and inconsistent.
  3. We consider there is merit in improving this situation in relation to Wales.  Therefore, as part of our programme to improve the accessibility of Welsh law, we intend to bring together, modernise and simplify existing wildlife legislation. This will help make wildlife law in Wales easier to find, understand and use. A new act would be bilingual, addressing the fact that most existing wildlife legislation is available in English only and helping to remove a barrier to using Welsh as a language of the law.
  4. This wider work is being developed separately from the proposals outlined in this consultation. However, any bill brought forward relating to seals and hare would, if enacted, form part of wildlife law in Wales. Its provisions would therefore be taken into account, and incorporated, in the future modernisation and simplification of wildlife legislation.

Why are we consulting now

  1. The wider programme to improve the accessibility of wildlife law in Wales is being developed. However, Welsh Government has identified two specific issues in relation to hare and seals which raise animal welfare concerns that, in our view, justify earlier action being taken.
  2. The first issue concerns the absence of a specific offence relating to the intentional or reckless disturbance of seals. Wales supports an important grey seal population and some of Britain's most accessible seal breeding sites. In recent years, evidence gathered by conservation organisations, animal welfare bodies and enforcement partners has highlighted increasing concerns about the impacts of human disturbance on seals and dependent pups. Enforcement agencies report being called to incidents where animal welfare impacts are evident, but where the current legal framework does not provide an appropriate basis for enforcement action. Welsh Government is of the view that introducing a disturbance offence would provide clearer and more effective protection.
  3. The second issue concerns the absence of a statutory close season for hare. Unlike other game species, hare may currently be killed, injured or taken throughout the year in Wales, including during the breeding season when females may be pregnant or nursing dependent young. This position is increasingly anomalous when compared with the wider principle, reflected elsewhere in wildlife management legislation, that wild animals should be protected during breeding and dependency periods. Similar protections for hare already exist elsewhere in the United Kingdom and, in December 2025, UK Government announced its intention to introduce a close season for hare in England when a suitable legislative opportunity arises. Welsh Government considers there is a strong case for examining whether legislation should be introduced that establishes a close season to protect hare during their breeding season.
  4. Seals are currently the only regularly occurring marine mammal in Welsh waters that are not legally protected from disturbance. In light of the increasing concerns being raised, we consider there is a case for reviewing whether the current position remains justified.
  5. Welsh Government considers that both issues are capable of being addressed through a small and focused bill, in advance of the future modernisation of wildlife law in Wales.

Purpose of this consultation

  1. This consultation seeks views on proposals to:
  • create a new offence of intentionally or recklessly disturbing seals, and
  • establish a statutory close season prohibiting the intentional or reckless killing, injuring or taking of hare during a specified period and make provision for connected offences
  1. The proposals are intended to improve animal welfare by addressing circumstances in which avoidable harm may occur under the current legislative framework. 
  2. Welsh Government is seeking views on the proposals, their practical operation, and their potential impacts.
  3. We are particularly interested in receiving evidence relating to:
  • animal welfare
  • implementation and enforcement
  • costs and benefits
  • impacts on land managers, coastal users and businesses
  • impacts on recreation and tourism
  • commercial fishing interests
  • impacts on rural and coastal communities, and
  • any unintended consequences that may arise from the proposals
  1. Responses to this consultation will help inform Welsh Government's consideration of whether, and if so how, these proposals should be taken forward.

Proposal 1: protection of seals from disturbance

Background

  1. Wales supports an internationally important grey seal population. The Welsh coastline includes some of Britain's most important and accessible seal breeding and haul-out sites, particularly around Pembrokeshire, Cardigan Bay and Anglesey. Grey seals are recognised as a species of principal importance for maintaining and enhancing biodiversity in Wales under section 7 of the Environment (Wales) Act 2016. Wales therefore has an important role in supporting the welfare of this species.
  2. Seals are an important part of Wales' natural heritage and contribute to opportunities for recreation, education and wildlife tourism. Every year, many people visit the Welsh coast specifically to observe marine wildlife, including seals.
  3. In recent years, recreational use of the coast and marine environment has continued to increase. Activities such as kayaking, paddleboarding, coasteering, wildlife photography, recreational boating and the use of drones provide valuable opportunities for people to experience wildlife at close quarters.
  4. Welsh Government welcomes responsible enjoyment of the marine environment. However, increasing opportunities for human interaction with wildlife also increases the potential for disturbance.

The current position

  1. The Conservation of Seals Act 1970 provides protection for seals in a number of circumstances, including restrictions relating to the intentional or reckless killing, injuring or taking of seals.
  2. Other legislation may also be relevant in relation to seals in particular situations. For example, wildlife, marine, animal welfare and protected site legislation may provide protection depending on the circumstances of an incident and where it occurs.
  3. However, there is currently no offence in Wales of intentionally or recklessly disturbing a seal.
  4. This differs from the position for other marine mammals in Wales. Scotland and Northern Ireland have both introduced legal protections relating to seal disturbance, although they do so through different legislative approaches. 
  5. In Scotland, protections are focused on designated seal haul-out sites where it is an offence to intentionally or recklessly harass a seal at those locations. 
  6. In Northern Ireland, it is an offence to intentionally or recklessly disturb seals wherever they occur. 
  7. The proposal is to create a new offence of intentionally or recklessly disturbing a seal wherever the seal is located in Wales, however respondents are asked for their views on this approach or whether the offence should be restricted to designated haul-out sites.

The animal welfare issue

  1. Evidence gathered by conservation organisations, animal welfare organisations, researchers and enforcement agencies indicates that disturbance can have significant welfare consequences for seals.
  2. Disturbance can occur both on land and at sea. Examples may include approaching seals too closely, causing animals to leave haul-out sites, separating animals from preferred resting locations and causing panic responses.
  3. Seal pups are particularly vulnerable during the breeding season. For the first weeks of life they are entirely dependent upon their mothers and regular nursing to build the reserves needed for survival. Conservation organisations and wildlife rehabilitation bodies have raised concerns that disturbance may result in mothers and pups becoming separated, reduce nursing opportunities, or result in premature abandonment. This can contribute to poor condition, starvation, disease and, in some circumstances, mortality.
  4. Disturbance may also affect adult seals. Animals may be forced to leave haul-out sites and/or their breeding colony, enter the water unexpectedly, expend energy unnecessarily or sustain injuries during panic responses. Repeated disturbance may affect welfare even when individual incidents appear relatively minor.
  5. Although the proposal has been developed on animal welfare grounds, Welsh Government notes that disturbance may also affect breeding success and the use of important breeding and haul-out sites.
  6. Welsh Government has also been made aware of concerns from enforcement agencies, conservation organisations and wildlife charities regarding the current legal framework. Enforcement officers report attending incidents where seals appear to have been intentionally or recklessly disturbed and welfare impacts are evident, but where the absence of a specific disturbance offence limits the options available to the officers.
  7. Seals are currently the only regularly occurring marine mammal in Welsh waters that do not benefit from a specific protection against disturbance. Welsh Government has not identified a clear scientific rationale for this difference in treatment.
  8. Welsh Government therefore considers there is a case for amending the law to provide protection against seal disturbance.

Proposed change

  1. Welsh Government is consulting on a proposal to create a new offence of intentionally or recklessly disturbing a seal.
  2. The intention would be to provide protection wherever seals occur in Wales, rather than limiting or restricting protection to particular sites or locations. Welsh Government has not identified a clear scientific or animal welfare justification for restricting protection to designated locations and considers that doing so may create unnecessary complexity for both the public and enforcement bodies.
  3. The proposed offence would be designed to address behaviour that causes disturbance to seals whilst allowing responsible activities to continue.
  4. Welsh Government's view is that the offence should apply to reckless as well as intentional disturbance. Limiting the offence to intentional conduct alone may make it more difficult to address situations where a person engages in behaviour that creates what many would consider to be an obvious and foreseeable risk of disturbing seals, but the individual involved subsequently claims not to have intended that outcome. The inclusion of recklessness would help ensure that individuals remain responsible for the consequences of actions where the risk of disturbance would have been apparent to a reasonable person. 
  5. Welsh Government recognises that many people use and enjoy the coast responsibly and that a wide range of recreational, commercial, educational and conservation activities take place around the Welsh coastline. The intention is not to prevent these activities where they are undertaken responsibly and without causing disturbance.
  6. It is recognised that different legislative approaches could be used to create a seal disturbance offence which could impact the ensuing legal consequences, for example licensing arrangements and provision relating to penalties, exceptions and defences. Welsh Government's initial view is that consistency with the wider wildlife disturbance framework, as contained within the Wildlife and Countryside Act 1981, offers advantages in terms of clarity, coherence and enforcement. We therefore propose to align any seal disturbance offence with that framework, but welcome views on this approach.
  7. If a seal disturbance offence were incorporated into the Wildlife and Countryside Act 1981 framework, the offence would sit alongside other existing offences under that Act relating to the disturbance of protected wildlife. This would arguably provide a more consistent approach to wildlife disturbance offences, as it is expected that the approach would ensure a level of consistency with the approach taken in that act regarding exceptions, defences and licensing arrangements.
  8. Welsh Government recognises there are circumstances in which the disturbance of a seal may be unavoidable, justified or necessary. If a seal disturbance offence were incorporated into the wider framework under the Wildlife and Countryside Act 1981, a number of existing exceptions could apply. These include activities such as:
  • rescuing, treating and releasing an injured or disabled seal
  • the humane destruction of a seriously injured seal where recovery is not reasonably possible
  • disturbance which is the unavoidable consequence of an otherwise lawful activity and which could not reasonably have been avoided

    We are seeking views as to whether these exceptions are appropriate and sufficient.
  1. Welsh Government is also seeking views on whether, if the new seal disturbance offence is introduced by way of an amendment to the Wildlife and Countryside Act 1981, it should be brought within the existing licensing framework contained in section 16 of that act. This would allow licences to be granted which would allow the disturbance of seals for specified purposes, including scientific or educational purposes, conserving wild animals, marking seals (for monitoring), preserving public health and public safety and preventing the spread of disease. It may also be possible to issue a licence on the grounds of preventing serious damage to fisheries. Views are sought on whether the grounds for licensing within the Wildlife and Countryside Act 1981 are appropriate and sufficient. 

How might the proposal work in practice

  1. The detail of any future legislation remains subject to the outcome of this consultation and further policy development. However, Welsh Government envisages that the offence would target behaviour that intentionally disturbs seals or where disturbance results from reckless actions.
  2. Examples might include deliberately approaching or chasing a seal.
  3. Reckless disturbance could include circumstances where a reasonable person would recognise there is a foreseeable risk of causing disturbance and the person proceeds with an activity despite that risk and disturbs a seal as a result. Whether an offence had been committed would depend on the particular facts and circumstances of each case.
  4. The offence would not be intended to criminalise accidental or unavoidable interactions with seals where all reasonable care had been taken.
  5. Welsh Government recognises that a range of guidance and codes of conduct already exist to help people avoid disturbing seals. Guidance commonly advises that people maintain a distance of at least 100 metres from seals, although site-specific guidance may vary according to local circumstances. Welsh Government considers that 100m represents a useful indication of the minimum separation that should normally be maintained to reduce the risk of disturbance. The current intention is not to specify the distance of 100m in the legislation but rather include this in guidance that will accompany the bill, which will include examples of scenarios that Welsh Government considers appropriate and those which are not considered appropriate. Whether disturbance has occurred would depend on the particular facts and circumstances of each case, including the behaviour of the person involved and the response of the seals concerned.
  6. As with other wildlife offences, any future legislation would need to be clear, proportionate and capable of being understood by the public, wildlife tourism operators, other commercial operators, recreational users, enforcement agencies and the courts.

Consultation questions in relation to seals

Question 1: Do you agree that Wales should introduce an offence of intentionally disturbing seals?

Question 2: Do you agree that Wales should introduce an offence of recklessly disturbing seals?

Question 3: Do you agree that the proposed offence should apply wherever seals occur in Wales, rather than only at designated locations such as haul out sites?

Question 4: Do you agree that exceptions to the offence should exist in certain circumstances? If so, are the specific exceptions in section 10 of the Wildlife and Countryside Act 1981 appropriate and sufficient for a seal disturbance offence? If not, why? 

Question 5: Do you agree that licences should be available in certain limited circumstances to permit activities that would otherwise constitute a disturbance offence? If so, do you consider the licensing grounds in section 16 of the Wildlife and Countryside Act 1981 appropriate and sufficient? If not, why?

Question 6: Do you have any views in relation to the likely costs, benefits, impacts or the implementation or practical operation of the proposal?

Proposal 2: introducing a close season for hare

Background

  1. The brown hare (Lepus europaeus) is a familiar and widely recognised species within the Welsh countryside and since around the turn of the century has been Wales’ only species of hare. It is found throughout much of Wales, particularly in lowland agricultural landscapes, and forms part of the country's natural heritage.
  2. Brown hare is a species of principal importance for maintaining and enhancing biodiversity in Wales under section 7 of the Environment (Wales) Act 2016. They are also of cultural significance and are valued by many people who live, work and spend time in rural areas.
  3. Hare are capable of breeding over an extended period of the year and females may be pregnant, nursing dependent young, or both, during parts of the breeding season.

The current position

  1. Close seasons are a long-established feature of wildlife management legislation and are intended to provide additional protection during breeding and dependency periods.
  2. Unlike other game species, there is currently no statutory close season for hare in Wales.
  3. This means that hare may lawfully be killed, injured or taken throughout the year, including during their breeding season.
  4. Many organisations and individuals already follow voluntary guidance which advises against shooting hare during their breeding season. However, these arrangements are not legally enforceable and are not applied consistently.
  5. As a result, the current position differs from the protections available for other game species in Wales and from the protections afforded to hare in Scotland, Northern Ireland and much of Europe, where close seasons for hare are widely established.

The animal welfare issue

  1. Welsh Government considers that the absence of a close season gives rise to animal welfare concerns.
  2. Female hare may be pregnant, nursing dependent young, or undertaking both activities simultaneously during parts of the breeding season. Killing, injuring or taking hare during this period can result in the death of breeding females and may leave dependent leverets without maternal care, reducing their chances of survival and giving rise to avoidable animal welfare concerns.
  3. The proposal relates to animal welfare considerations rather than conservation concerns regarding hare populations.
  4. The proposal reflects the long-established principle that, in the wild, breeding animals and dependent young should receive additional protection during their reproductive periods. This principle is already reflected in the close seasons applying to other game species. Hare remain an exception to that approach in Wales.
  5. Welsh Government is proposing to create a statutory close season during which it would be unlawful to intentionally or recklessly kill, injure or take hare.

The position elsewhere in the UK

  1. Scotland introduced a statutory close season for brown hare which came into force in 2012. The close season in Scotland runs from 1 February to 30 September and it is an offence to intentionally or recklessly kill, injure or take a brown hare during that period, subject to a number of exceptions, which include killing an animal where it has been so seriously disabled that there was no reasonable chance of its recovering, if it is necessary for the purpose of preventing serious damage to crops, vegetables or fruit, growing timber or where an action is authorised by licence. 
  2. That legislation also prohibits activities connected to the main offence such as possessing or selling a hare that has been killed, injured or taken during the close season, or advertising such sales. These additional offences are consistent with the overall package relating to wildlife protection under the 1981 Act more generally.
  3. Northern Ireland makes it unlawful to wilfully take, kill or destroy hare during a close season, which runs from 1 February to 11 August.
  4. In December 2025, UK Government announced its intention to introduce a statutory close season for hare in England when a suitable legislative opportunity arises.
  5. Welsh Government commitment to wildlife protection through positive and proactive legislative measures is balanced, evidence-led and rooted in a genuine commitment to animal welfare. It is therefore increasingly difficult to justify the situation for hare in Wales given the established animal welfare principle that breeding animals and dependent young should be protected from avoidable harm during reproductive periods.
  6. Welsh Government is seeking views on the proposal to create a statutory close season during which it would be unlawful to intentionally or recklessly kill, injure or take hare, and to make provision for connected offences.

Proposed change

  1. Welsh Government is consulting on the introduction of a statutory close season during which it would be unlawful to intentionally or recklessly kill, injure or take hare.
  2. The proposed close season would run from 1 February until 30 September each year. These dates reflect the fact that a number of wildlife and conservation organisations describe the principal breeding period of brown hare as extending from February to September, during which females may be pregnant, nursing dependent young, or both.
  3. This period is intended to provide protection throughout the principal breeding season, when females may be pregnant, nursing dependent young or supporting newly independent leverets.
  4. The proposed dates are consistent with the statutory close season that has operated for brown hare in Scotland since 2012 and reflect current understanding of hare breeding behaviour.
  5. Currently the Ground Game Act 1880 grants occupiers of land the right to kill and take hare on land they occupy, subject to certain restrictions. Further consideration will need to be given to the relationship between these rights and the proposed new offence.
  6. Welsh Government recognises there may be circumstances in which actions affecting hare may be unavoidable, justified or necessary. If a close season for hare were incorporated into the wider framework under the Wildlife and Countryside Act 1981, a number of existing exceptions could apply (meaning that a person wouldn’t be guilty of an offence in those circumstances). These include activities such as:
  • the rescue, treatment and release of injured or disabled hares;
  • the humane destruction of a seriously injured hare where recovery is not reasonably possible;
  • actions which are the unavoidable consequence of an otherwise lawful activity and which could not reasonably have been avoided.
  1. The act also contains exceptions for certain actions carried out by authorised persons, including where necessary for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, fisheries or other forms of property. 
  2. Welsh Government proposes that any new legislation would include an exception, which would mean that it is not an offence to kill hare during the close season, where it is shown that action is necessary for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, fisheries or other forms of property. This would be subject to the requirement to obtain a licence before killing hare, if it is apparent, before killing hare, that hare would need to be killed for the purposes mentioned.
  3. It is also proposed that where a hare had been unlawfully taken, injured or killed during the close season a person would be restricted in what they could do with the hare. This is likely to mean that it would be unlawful at any time to, for example, possess or try to sell a hare in Wales that had been killed or taken during the close season. The exact scope of these connected offences is still being considered but they are likely to be in keeping with how other connected offences under the 1981 Act operate in relation to other wildlife.

Licensing arrangements

  1. Welsh Government recognises that circumstances may arise where hare management may be necessary during the close season. For example, there may be circumstances where hares are causing significant agricultural damage and management action cannot reasonably be delayed until the end of the close season. Welsh Government recognises that any close season must balance animal welfare objectives with reasonable land management requirements.
  2. We are therefore proposing that a licensing mechanism should be available for specified purposes.
  3. Welsh Government proposes that the existing licensing framework contained in section 16 of the Wildlife and Countryside Act 1981 should apply in relation to hare during the close season. This would allow licences to be granted for specified purposes where the statutory requirements are met, including preventing serious damage to crops, scientific or educational purposes, conserving wild animals or wild plants, protecting public health or public safety, and preventing the spread of disease. Welsh Government considers that applying the existing licensing framework would provide a clear, proportionate and consistent approach, whilst ensuring that legitimate land management and other necessary activities can continue where justified.
  4. This would allow applications to be made which licence activities that are otherwise prohibited during the close season, where they are considered necessary and justified, including circumstances involving serious damage to agricultural crops.

How might the proposal work in practice

  1. During the proposed close season, it would be unlawful to intentionally or recklessly kill, injure or take hare unless an exception applies or a licence is applied for, and granted.
  2. Welsh Government's view is that the offence should apply to reckless as well as intentional conduct. Limiting the offence to intentional acts alone may make it more difficult to address situations where a person proceeds with an activity despite what many might consider to be an obvious and foreseeable risk that hare may be killed, injured or taken during the close season, but subsequently claims that this outcome was not intended. The inclusion of recklessness would help ensure that individuals remain responsible for the consequences of actions where the risk would have been apparent to a reasonable person. 
  3. As noted above, the proposal provides for the situation in which farmers, landowners and land managers are experiencing serious crop damage during the close season, as it would allow a licence to be applied for that would authorise the killing of hare in specific circumstances.
  4. Outside the close season, subject to provisions of other legislation, it would not be an offence to intentionally or recklessly kill, injure or take hare.
  5. Welsh Government intends that any licensing arrangements should be proportionate and straightforward to understand.
  6. The proposal is not intended to prevent reasonable land management activities where there is a clear and justified need for intervention.

Consultation questions in relation to hare

Question 7: Do you agree that Wales should introduce a statutory close season for hare, meaning it would be unlawful to intentionally kill, injure or take hare during the specified period?

Question 8: Do you agree that Wales should introduce a statutory close season for hare, meaning it would be unlawful to recklessly kill, injure or take hare during the specified period?

Question 9: Do you agree with the proposed close season dates of 1 February to 30 September? Please provide reasons for your answer, including any views on alternative dates.

Question 10: Do you have any views on the effect of the proposed measures upon existing rights of occupiers of land to kill and take hare on their occupied land? 

Question 11: Do you agree that exceptions should be available in certain circumstances? If so, do you consider the specific exceptions in section 10 of the Wildlife and Countryside Act 1981 appropriate and sufficient for a introducing an offence of intentionally or recklessly killing, injuring or taking hare during the close season? If not, why? 

Question: 12:  Do you agree that licences should be available in certain limited circumstances to permit activities that would otherwise constitute an offence? If so, do you consider the licensing grounds in section 16 of the Wildlife and Countryside Act 1981 appropriate and sufficient? If not, why?

Question 13: Do you agree that Wales should make connected offences restricting what a person can do with a hare (at any time) if it is unlawfully taken, injured or killed during the close season in line with other protections in the 1981 Act? If not, why?

Question 14: Do you have any views in relation to the likely costs, benefits, impacts or the implementation or practical operation of the proposal?

Next steps

  1. Once the consultation has closed, all responses received will be analysed and considered by Welsh Government.
  2. A summary of responses will be published on the Welsh Government website. Individual responses may also be published where respondents have indicated that they are content for their response to be made public.
  3. Responses to this consultation will help inform Welsh Government's consideration of:
  • whether to take forward the proposals contained in this consultation
  • the detailed design of any future legislative provisions relating to these proposals
  • the accompanying Regulatory Impact Assessment
  • the accompanying Integrated Impact Assessment, and
  • the practical implementation and enforcement of any future measures
  1. Welsh Government will consider all evidence and views submitted before deciding how to proceed.