The Accidental Smallholder Forum
Livestock => Sheep => Topic started by: Small Farmer on December 27, 2012, 10:17:56 am
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Having planned a quiet Boxing day yesterday indoors we discovered our ram in next door's garden. I think he was heading for the non-breeding ewes two fields away :hug: cos the hole was tiny and the wether hadn't followed. So instead we had a quiet day outdoors in heavy rain mending some sheep-sized holes. Should have done it in the summer :raining:
Anyway, having recovered the sheep to their paddock we were working away when two terriers arrived from the nearby common. While not completely sheep-proof the paddock is person-proof through some generations of rusty barbed wire. So the owner had no ability to recover his completely uncontrolled dogs who set about chasing the wether around while the ram stood his ground. Fortunately my son caught the more obnoxious one while I chased the other out. We got a grudging "sorry" but it could have been messy if we hadn't been there.
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My current pet hate SH :rant: - uncontrolled dogs near other peoples livestock. Makes me so mad. The German shepherds that got in and fatally injured our lamb and wounded next doors sheep also, climbed a fence! . No holes nothing that we could have done to have prevented them coming in apart from make the fences 8 ft and made of something other than stock fencing ::).
So glad that you were there and able to prevent stress or injury.
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A lot of people just do not care about where thier dogs run free, then there are some whos dogs get out or are let out....our dogs are not the sort to wander off but so many tradesmen I have had here leave gates or doors open""""
Do not see so many un looked after dogs here now, there used to be one that would be up and down the road barking at everyone and everything but he died in a house fire poor thing!!
I hate bad dog handlers too, its not the dog thats to blame its natural and I think a lot of dogs, even well trained ones, would run after livestock if given the chance and in a pack, bit like lads or girls on the town!!
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I hate bad dog handlers too, its not the dog thats to blame its natural and I think a lot of dogs, even well trained ones, would run after livestock if given the chance and in a pack, bit like lads or girls on the town!!
Absolutely agree, Sandy. The owner of the dogs that killed our lamb knew they were missing for 3 hours but had given up looking for them :-\ love the pack of people on the town analogy ;)
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My brother has a great understanding of all animals and dogs, his neighbour has a security firm and often his guard dog gets loose and threatens my brother, he had a lucky escape once as he had his push bike between himself and a vicious dog but like he said, it could have easily have been a child!!
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It is illegal for a dog to be off a lead in a field of sheep whether the person is there or not! I get so irritated by everyones attitude to their dogs and sheep because they often see it as amusing and a 'Fenton' incident because obviously to them the Fenton thing is funny...NOT!
What really got me jumping up and down this week was the RSPCA spending over £300,000 on prosecuting a hunt over illegal hunting whilst turning many blind eyes to the damage done to sheep by pet dogs! If they prosecuted an owner for allowing their dogs to kill sheep perhaps people would be a bit more considerate?
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Agree Val.
still gobsmacked by our local police attitude towards what happened here. Our neighbour lost several in-lamb ewes 2 years back as they were chased into the river Avon, it just seems that it gets ignored by the authorities
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Agree Val.
still gobsmacked by our local police attitude towards what happened here. Our neighbour lost several in-lamb ewes 2 years back as they were chased into the river Avon, it just seems that it gets ignored by the authorities
I hear they start to become interested when the errant dogs get shot.
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Now I am on my high horse nothing worse than uncontrolled dogs I am sick of telling people the same people usually to control their dogs I now tell the people should their dog upset any of my stock I will upset them by chasing them till they drop then giving them a shaking then booting their arses over the fence. I can prob get away with it 18stone and ugly. I have tried to be nice but some people feel it is their right to allow this to happen usually ignorant fools that know its wrong hope my neighbour reads this
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It is illegal for a dog to be off a lead in a field of sheep whether the person is there or not!
Is it? Where you got that law, then? I'd love to be able to quote - and enforce - it!
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I understood that the law stated "under close control" for public footpaths. Is that on the lead ...... walking at heel off lead ...... free playing but able to return on recall ??????
Does anyone know for certain what that means?
The notice pinned to the wall in my neighbours holiday cottage states quite simply ...... This is sheep country. If your dog chases stock it WILL be shot. ......
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How far can we actually go? if i saw a dog chasing my sheep can i legally shoot it even if the owner is there? i know i would probably have a go, though i do like dogs i don't like uncontrollable dogs or their owners :innocent: but i don't think i would hold back if one was worrying my sheep.
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I think if the owner is there and immediate, reasonable efforts to recall the dog fail, the dog is causing stress to pregnant ewes or showing signs that he/she will attack your livestock then it is reasonable to shoot it.
Having said all of that, if the german shepherds that killed our lamb returned I'd be inclined to have them shot at first sight as they've had a taste of blood and I don't think they'd be returning to our field to offer an apology.
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Well we stay away from a walk near to us as the farmer has shot dogs if off lead and his sheep are around, it certainly is a good deterrant.
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This is taken from the protection of livestock Act 1953....The important bit relating to sheep i have highlited in red. A dog not on a short lead or at heel, whether it is bounding about or just sniffing around is 'out of control' and this bit is for sheep only.....the big problem comes further down where it mentions the dog being with someone not its owner.
Penalty where dog worries livestock on agricultural land.E+W(1)Subject to the provisions of this section, if a dog worries livestock on any agricultural land, the owner of the dog, and, if it is in the charge of a person other than its owner, that person also, shall be guilty of an offence under this Act.
(2)For the purposes of this Act worrying livestock means—
(a)attacking livestock, or
(b)chasing livestock in such a way as may reasonably be expected to cause injury or suffering to the livestock or, in the case of females, abortion, or loss of or diminution in their produce.
[F1or
(c)being at large (that is to say not on a lead or otherwise under close control) in a field or enclosure in which there are sheep]
[F2(2A)Subsection (2)(c) of this section shall not apply in relation to—
(a)a dog owned by, or in the charge of, the occupier of the field or enclosure or the owner of the sheep or a person authorised by either of those persons; or
(b)a police dog, a guide dog, trained sheep dog, a working gun dog or a pack of hounds.]
(3)A person shall not be guilty of an offence under this Act by reason of anything done by a dog, if at the material time the livestock are trespassing on the land in question and the dog is owned by, or in the charge of, the occupier of that land or a person authorised by him, except in a case where the said person causes the dog to attack the livestock.
(4)The owner of a dog shall not be convicted of an offence under this Act in respect of the worrying of livestock by the dog if he proves that at the time when the dog worried the livestock it was in the charge of some other person, whom he reasonably believed to be a fit and proper person to be in charge of the dog.
(5)Where the Minister is satisfied that it is inexpedient that subsection (1) of this section should apply to land in any particular area, being an area appearing to him to consist wholly or mainly of mountain, hill, moor, heath or down land, he may by order direct that that subsection shall not apply to land in that area.
(6)A person guilty of an offence under this Act shall be liable on summary conviction—
(a)except in a case falling within the succeeding paragraph, to a fine not exceeding ten pounds;
(b)in a case where the person in question has previously been convicted of an offence under this Act in respect of the same dog, to a fine not exceeding fifty pounds.
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6)A person guilty of an offence under this Act shall be liable on summary conviction—
(a)except in a case falling within the succeeding paragraph, to a fine not exceeding ten pounds;
(b)in a case where the person in question has previously been convicted of an offence under this Act in respect of the same dog, to a fine not exceeding fifty pounds.
not much of a fine.
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....Tell the RSPCA.... :thinking: Its a laughable fine, £50 in 1953 is not £50 in 2012!
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Thanks very much for that woollyval, I shall be quoting it!
I suspect that anyone could argue that much if not most of the land we farm "consists wholly or mainly of mountain, hill, moor, heath or down land", where the close control restriction does not apply :( However, I shall certainly feel more confident knowing that I can quote the Protection of Livestock Act 1953 in my conversations with tourists on the Wall this summer :)
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Thanks for posting the details of the act Woolyval. It is good to know exactly where you stand.
Deepinthewoods, the fines will have increased - since the 1982 Criminal Justice Act fines are increased to allow for inflation using the 'standard scale'. The original £10 and £50 fines are I think both 'level 1' which is now £200. Not a lot, but a bit more of a deterrent than a tenner.
SallyintNorth, if I read it correctly the law applies everywhere unless the Minister (now presumably the Secretary of State for the Environment, Food and Rural Affairs) has specifically decided that should not apply in an area. It is not a general clause meaning there is no offence in "wholly or mainly of mountain, hill, moor, heath or down land". You could ask your local DEFRA office is any such ruling has been made in your region. I am sure they will love to find that out for you :) .
It is also worth quoting the law regarding livestock owners shooting dogs from the Animals Act 1971. It is legal to kill or injure a dog if, and only if, either— .
(a)the dog is worrying or is about to worry the livestock and there are no other reasonable means of ending or preventing the worrying; or .
(b)the dog has been worrying livestock, has not left the vicinity and is not under the control of any person and there are no practicable means of ascertaining to whom it belongs.
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if owner is there but unable or unwilling to control the dog which is attacking then hopefuly the first clause would cover it
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Police have just phoned me to follow up on the dog attack we had about a fortnight ago.
They said 'unfortunately' dog attacks on other dogs, animals, livestock etc are a grey area and unless its a dog attack on a human, the law isn't too helpful. However she did reinforce the need to get the dog warden involved and that we are within our rights to shoot an animal that is out of control and worrying/potentially harming our stock.
I've asked if someone with a decent gun is allowed to come onto my land if I rang them in an emergency (we only have an air rifle here) and she is looking into that for me. She suggested firing the air rifle over the dogs to attempt to put them off in the meantime. I asked if I shot with an air rifle knowing that it would most likely cause injury rather than death would I be held accountable for cruelty, she's not sure.
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Yes...a licenced gun owner can (if they are willing) come to your land and shoot a dog that is actively worrying your livestock (just got to get them there quickly enough!). Very helpful Police lady :thumbsup:
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We have an air rifle and often wondered if we could use it if a similar situation arose so will be interested to hear the outcome of that. I would have thought that an air rifle pellet in the backside would stop them long enough to detain? :thinking: