Questions about the law concerning deer hunting at night

Huntergirl

I would be cautious about using UK laws as an example, UK laws, and especially hunting/animal welfare/firearms laws are not developed using considered views, analysis and integration with other laws. Instead they tend to be event driven (such as a “do something” following an horrific shooting) or brought about after a campaign by some special interest group, as a result there is usually a bias towards whatever the group objectives happened to be.

The laws also tend to be influenced by old practices, for example it is illegal to shoot gamebirds on a Sunday – actually because this was the only day off for the working classes, and by doing so would retain this type of shooting for the “independently wealthy”! – keep the riffraff out!

However, they are there, so as it stands today In the whole of the UK (including Scotland) – it is illegal to stalk deer at night (that is 1 hour after sunset, up to 1 hour before sunrise) – if we take stalking to be the pursuit of deer by an individual as a sporting activity (might involve a full or ½ day trek with all the enjoyable features etc) rather than a job.

I take it, that when you say hunting you mean Stalking, as in the UK, Deer hunting is traditionally undertaken using hounds [dogs] and is now illegal.

However there are circumstances where deer can be killed at night (and outside of any season, or other legal restraints), however these aren’t Stalking situations, so will not be allowed for anyone wishing just to enjoy the sport of stalking. They are:

  1. To alleviate suffering (for example kill the deer following a road traffic collision) – One wouldn’t stalk up to this; in general it would come from a police call out.
  2. The taking or killing is necessary to prevent serious damage to crops, pasture, human or animal foodstuffs, or to woodland.
  3. The taking or killing is necessary (Public safety) - Clause 5(6)
  4. Scientific research - Clause 5(7)
In Scotland the person undertaking 2) above is not a Stalker, but a “Controller” and is not involved in Staking deer, but is “Controlling deer” – this is now covered under the Deer (Scotland) Act 1996 clause 18(2) and the “Commission” referred to is now “Scottish National Heritage”.

Of course an individual may be a stalker, on police call out for wounded deer, and on the “Fit and Competent register” (Which you need to be to control deer under 18(2)).

So in the sense you are looking at hunting (as UK Stalking) as a pastime type activity, then stalking at night is illegal (actually over the whole of the UK – as it is in Sweden etc.) with no exceptions.

In Scotland however, the control of deer at night is allowed only by authorised controllers, approved by SNH, in specific circumstances (which includes/expects that there will be a coordinated team of controllers using vehicles, lamps and rifle).

(Similar in the rest of the UK, but slightly different laws and controlling bodies)

I know it appears pedantic, but SNH and the Scottish government make a clear distinction between Stalking as a sporting activity, and a “professional” control situation such as in 18(1) and 18(2) – any hint that the individual is using these approvals to increase their sporting stalking opportunities and it will be withdrawn.

Sorry long post but I didn’t have time to write a short one

Julie
 
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To everyone:

Thank you so much for all of your help.

Julie: yes I mean stalking (my vocabulary concerning hunting is not very good). In the western part of Norway, where most of the deer are, over half of the deer who are shot are shot in the dark hours of the day. The stalkers/hunters usually sit in a hunting tower (don´t know if that is what it´s really called in english) and they wait and wait until they have adjusted to the light, have a good overview of the deer and then wait till they have a good shot, the deer is alone etc... Hunting during the day with dogs are usually found very difficult because of the difficult topography and the fact that when the deer are chased and stressed it is difficult to get a good shot and the wounding statistics are high.

Sweden and Denmark have the same rules as Scotland (UK), one hour after sunset and one hour before sunrise. These laws are very old, and were introduced because of the poaching. In Sweden you can stalk wild boar with light. I think this is allowed because the stock/population of wild boar is very large and increasingly.
 
To everyone:

Thank you so much for all of your help.

...The stalkers/hunters usually sit in a hunting tower (don´t know if that is what it´s really called in english) ....

We use the term High Seat generally.

Hunting is a bad term - it means so many different things to so many people - I know in American they use it generically for all types such as Sit and wait (using a high seat), tracking (stalking) and the use of Dogs (Hunting).

But I think we all understood what you were saying.

Julie
 
Julie, excellent reply, very clear and concise.

The only thing I would point out is that the organisation that issues licences for night shooting (and out of season shooting etc.) is Scottish Natural Heritage (not National as you stated) Not that it makes any material difference, just thought I'd point it out.
 
Julie, excellent reply, very clear and concise.

The only thing I would point out is that the organisation that issues licences for night shooting (and out of season shooting etc.) is Scottish Natural Heritage (not National as you stated) Not that it makes any material difference, just thought I'd point it out.

:doh:

mea culpa :oops:

Julie
 
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As one foreigner to another.

No hunting is allowed between one hour after sunset and one hour before sunrise but there are 2 important exceptions:

1 My local police force told me that to alliviate animal suffering you can kill a wounded animal in these hours but you must be able to satisfy the Courts that you did it to stop it suffering if the police take you to Court.

2 The appropriate authorities can give you permission on application to shoot deer at night. This is not a rare occurrance.


What a load of crap .

It just a pity the person in question didn't ask about shooting deer in England ,the question was about shooting deer in Scotland at night. Again nothing to do with humane dispatch .

Shooting deer at night is allowed by "licence only" issuing authority is Scottish natural heritage (the old deer commission) . Application is made by the landowner and the controller is named.

There are one or two conditions set down which the issuing authority will check the land before issuing a licence .
 
it amuses me that a man with a 6.5x55 or 243 can load up his vehicle with lamps and go out in amongst residential areas, farm land, near roads and footpaths and shoot a fox at 200yds, but if he attempts to shoot a marauding deer that he hasnt been able to pin down in daylight he is committing an offence.
clearly this has nothing to do with
a) animal welfare - unless of course those inclined to be against shooting are going to relegate fox and rabbit to lesser species and therefore not worthy of welfare. I also would be inclined to say that the majority of shots taken at night with deer under lamp are at significantly shorter range than their daylight counterparts. wounding rates should not increase as a result.
b) safety - there are more people shooting foxes with CF rifles out every night of the week than there are poachers!
 
What a load of crap .

It just a pity the person in question didn't ask about shooting deer in England ,the question was about shooting deer in Scotland at night. Again nothing to do with humane dispatch .

Shooting deer at night is allowed by "licence only" issuing authority is Scottish natural heritage (the old deer commission) . Application is made by the landowner and the controller is named.

There are one or two conditions set down which the issuing authority will check the land before issuing a licence .

Take it you are auditing for the Scottish diplomatic Corps in a soon to be independant Scotland!.

Apart from that, you are right. I read the message too hastily and was refering to England, not Scotland.
 
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