Section 7 "Farmers Defence" Advice please.

Straightliner

Well-Known Member
A local farmer whose land I have shot on for years phoned me the other day and asked me if I could take care of some deer on his land. The farm is small, around 230 acres and is unenclosed.
A group of reds have taken up residency and are knocking the bejesus out of the freshly planted potato fields, they seem in no hurry to vacate.
The farmer has confirmed in writing that he authorises me to shoot the offenders.

I have never had to slot beasts out of season so any advice would be appreciated.
 
You may have to prove that you have tried other non lethal methods first as I belive you have to with Canadas out of season.
 
It's not his call mate, don't take his word for it.... You have to apply for a license from natural England and the actual stalker is named on the license.
 
It's not his call mate, don't take his word for it.... You have to apply for a license from natural England and the actual stalker is named on the license.

Absolute rubbish, Natural England have no jurisdiction on his farmland, fill your boot and shoot the stags before he gets someone else to.
Paragraph 14.5 of the Home Office firearms guide to Police 2002 covers this.
 
Where deer are a serious threat for either of the two reasons stated, Natural England or the Welsh Assembly Government may issue a licence to kill or take deer out of season.
A license will be specific as to purpose for which it is granted, land to which it relates, the species and description of deer (i.e. male/female) that can be taken/killed, the method by which they may be taken and the maximum number that can be taken. It is likely to be restricted by time (e.g. close season licenses are likely to be valid only during daylight hours) and overall duration, probably limited to one year/one season.
The persons actually operating under the licence - the stalkers - will need to be named on the license and there will be a maximum number - normally restricted to a maximum of 4.
The licence may impose conditions over and above those required by the Deer Act(1991)(as amended) .
Licences will only be issued as a last resort , where there is no satisfactory alternative, such as deer management by conventional means.
Applications forms are available:
In England - Natural England
In Wales - Welsh Assembly Government: Agri Environment Policy Dept 02920 821523
Where deer are damaging property such as crops Section 7 of the Deer Act 1991 provides a “farmers defence” whereby authorised persons may, in certain circumstances shoot deer if they are causing damage in the close season (see the Act for details of the types of situations covered).
 
You have not read what I wrote,
Natural England have no jurisdiction on the farmers land.
What you quote above applies to land over which NE do have jurisdiction and not farmland.
Who gave you this tosh? BDS?
 
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If what you say is true, what is the point of having closed seasons?

Close seasons prevent slaughter of does so they can raise their young and for stags to cast their antlers.
Not all deer maraud onto farmland to destroy crops and not all farmers want deer shooting out of season, my farmer is one of them.

To qualify my comments. I went down this route a few years ago.
The farmer had wheat sown on one part of his farm where Fallow were present/roamed and Fallow can roll in the wheat to try to disperse flies in the summer.
As I thought this could arise I phoned the BDS who assured me that I needed a licence as you suggest to shoot the deer on the farmland in the close season.

I then phoned the licensing bureau at Avon and Somerset to get an opinion. I spoke to someone who I shall not name but he was a senior licensing officer.
His response was, "I have heard of this farmers defence clause about shooting deer out of season but I am not too sure about it, if you find anything out about it can you let me know."
Which is about par for the course for him.

I then posted a comment on airgunbbs.com that you need a licence as you suggest and I told I was wrong, by an experienced stalker.
He quoted a senior forestry commission stalker the correct legislation as I have above.

My point is that Natural England are not responsible for the farmers crops, and section seven is a clause in the legislation to allow the farmer or his agent to protect his crops and very sensible too.
 
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Fair enough.... you crack on then, but I'll not be risking it.
I was out stalking with a mate recently who has been asked by the farmer to (in his words) "shoot them all... with the price of fertiliser at £300 a tonne I'm not feeding those buggers"

I'm pretty sure you can't just do so because the farmers want's you to and I would certainly need more than the sayso of someone on airgunbbs :-|
 
i have shot deer under section 7 as part of an organised cull , BUT the animals COULD only be shot IF they were caught in the act ! i.e - eating of destroying crops / woodland .

they were not to be shot if they were just on the farm , but could if they were on the said field actually doing damage !

if that makes sence ?

and it was also red deer concearned .

cheers lee
 
Jack seems you could land yourself and others in a load of Sh...t if this is your attitude as others said READ Deer act 1991 and Reform order E&W2007 then ring Wildlife unit 08456014523 .I just have read relavent bits
 
Fair enough.... you crack on then, but I'll not be risking it.
I was out stalking with a mate recently who has been asked by the farmer to (in his words) "shoot them all... with the price of fertiliser at £300 a tonne I'm not feeding those buggers"

I'm pretty sure you can't just do so because the farmers want's you to and I would certainly need more than the sayso of someone on airgunbbs :-|

So section seven of the 1991 deer act is irrelevant according to you.
 
So section seven of the 1991 deer act is irrelevant according to you.

Errm, I'm just trying to recollect where I said that?

What I am saying is that your interpretation of sec7 of the deer act 1991 is incorrect, and I say that with the utmost of respect.... I don't want an online argument so I'll leave it to others to put you straight on this one.
 
As I understand it.... where necessary deer may be culled to protect crops on unenclosed land but not just simply because they are there on crops. The intention of the act is not to allow people to shoot deer out of season because they have the opportunity and an excuse. It is rather as a last resort where you have no reasonable alternative. Deer on unenclosed land are obviously free to move around so you may have to proove that the deer were infact persistant and damaging if you were reported. Shooting a deer out of season is exactly what it says on the tin so make sure you are covered and ideally could have provided evidence to your flo so that they are aware of it in advance. Just because 'you say so' won't cut it if you have a beast out of season in your vehicle when plod stops you.
 
Jack seems you could land yourself and others in a load of Sh...t if this is your attitude as others said READ Deer act 1991 and Reform order E&W2007 then ring Wildlife unit 08456014523 .I just have read relavent bits

Shooting deer in the close season

Section 7 of the Deer Act 1991 however provides a so-called "farmers defence" whereby authorised persons may, in certain circumstances shoot deer if they are causing damage in the close season (see the Act for details of the types of situations covered). The Regulatory Reform (Deer) (England and Wales) Order 2007 amends the Deer Act to allow individuals to apply for licences for shooting deer during the close season to prevent the deterioration of natural heritage or to preserve public health and safety. To apply for a licence see below.


Just for you I copied and pasted the link I quoted in an earlier post.
Please read the first sentence, the second sentence is what you have quoted and does not apply to this scenario as it refers to deterioration in the natural heritage or to preserve public health and not to crop damage.

You have said don't do it.
So in which law would I break were I to shoot marauding deer on farm land where I have permission to shoot deer and I had been asked to do so specifically by the farmer as the crops were being damaged by the deer. If I then shot a deer which was damaging potatoes plants as per the OPs post?
 
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Stop being a bunch of c@@ks.

If you don't know don't make it up. It is because of people like you guys that there is so much drivel out there that is just passed on through generations of stalkers.

Read this, in full:

http://www.thedeerinitiative.co.uk/pdf/guide_closeSeason24-01-08%20published.pdf

This is also what is in Deer Law and Liabilities, written by two coppers.

Licences are granted for two reasons, Preserving public health or public safety or Conserving the natural heritage.

Other than these a farmer can authorise someone to do it on their behalf without the need for a licence, just as you can shoot pigeons in the closed season, for protection of crops, without a licence, it is an open licence allowing anyone to do so if they fulfil the licence criteria.
 
Jack, you can't just shoot them because they were 'marauding', it's not that simple. Permission to shoot deer is not permission to shoot deer in the closed season but where land is not enclosed you can apply to English Nature for the appropriate licence which is important over such ground to reduce deer numbers but not for crop protection. If it is enclosed then that is a different situation since the deer cannot freely leave the area so you can shoot them for crop protection reasons if necessary.
 
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