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Thread: out of season clients!

  1. #1

    out of season clients!

    Hi all ,

    Talking to a landowner the other day about culling of deer(i dont have perm here) he said that he has given written permission to his stalker to shoot out of season beasts causing damage. I have no problem with that but what did surprise me was that he said bookings were up on last year(2007) because of this.
    Now i am unsure as to the legalities of this situation but as i understood it paying clients could not shoot these animals!!!
    Now i may totally wrong , not trying to start a debate just wondering what the legal position is.
    ps The way the landowner was talking this started some time ago in the spring/summer. thanks in advance.

  2. #2
    You are right to be confused here. As far as i am aware he has no right to be telling people they can shoot deer out of season without those people being named on the "OUT OF SEASON LICENSE", i know, cos i have had them.
    He needs to tread very carefully cos if any guest is caught driving away with a deer out of season they will be in the mire, big style. He needs warning.

    Good luck


  3. #3
    I was under the impression only the owner/tenant of the property or an employee was permitted to shoot out of season under terms of the licence from DCS

  4. #4
    It is quite easy to allow clients to shoot deer out of season, and you do not need the DSC permission.

    All the Landowner need do is just give them permission as an 'employee'. There is minimum period they have to be an employee for either.

    The relevant section of the act is below.

    I have culled many deer under this arrangement, DSC 2 ICR's can even be done on out of season deer.

    Many think that the DCS have the say on everything they would like too but not yet thank god!

    I have worked for them a lot in the SW of Scotland the only time you need to go on the register is when you are not an employee of the land owner or for Night shooting.

    Right of occupier in respect of deer causing serious damage to crops etc. on certain ground

    (1) Notwithstanding anything contained in section 5 of this Act, it shall be lawful for a person to whom this subsection applies to take or kill, and to sell or otherwise dispose of, any deer found, as the case may be, on—

    (a) arable land, improved permanent pasture (other than moorland) and land which has been regenerated so as to be able to make a significant contribution to the productivity of a holding which forms part of that agricultural land; or

    (b) on enclosed woodland,

    where the occupier has reasonable ground for believing that serious damage will be caused to crops, pasture or human or animal foodstuffs on that agricultural land, or to that woodland, if the deer are not taken or killed.

    (2) Subsection (1) above applies to the occupier in person and, if duly authorised in writing by the occupier for the purposes of that subsection, to any of—

    (a) the owner in person;

    (b) the owner’s employees;

    (c) the occupier’s employees, or any other person normally resident, on the land;

    (d) any other person approved in writing by the Commission as a fit and competent person for the purpose.

    (3) Nothing contained in any agreement between an occupier of agricultural land or enclosed woodland and the owner of that land shall prohibit any act made lawful by subsection (1) above.

    (4) Any authority given to a person under subsection (2) above shall expire—

    (a) at the end of such period as the occupier may specify in it;

    (b) when a person to whom it was given under paragraphs (b) or (c) of that subsection ceases to be in the employment of the owner or, as the case may be, the occupier, or ceases to be normally resident on the land;

    (c) when a person to whom it was given under paragraph (d) of that subsection ceases to be so approved;

    (d) if the occupier revokes it.

  5. #5
    As said above , it is not really illeagal, that doesn't mean that it's not wrong!
    I've seen a few people over the years do this , and they are generally of the same type!
    Out of season shooting is for population/damage control not for taking in stalking revenue.
    It's not only a worry that people are selling this but also who in there right mind is buying it?


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