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Thread: Roe Doe out of season?

  1. #1

    Roe Doe out of season?

    I am hoping that someone who "knows what's what" on here can advise me on a point of law that seems to be a bit of a "grey area":
    I went out this morning with the shotgun to try for a few crows and pigeons on one of my permissions where I "watch over" a small herd of Roe Deer - I do have permission to shoot the Roe in this permission if I deem it necessary or to fit in with a "management plan"!
    Just after arrival I spotted two Roe yearlings lying down at the edge of the woodland and watched them for about 5 minutes through my binoculars. One of these looked quite thin - I could see a few of it's ribs sticking out, the line of it's spine and it's hip bones sticking out) and it seemed to be "struggling" a little to lift her head properly. This lead me to the belief that it was in fact suffering from an illness or an injury of some sort. I left them quietly like that while I went and had a chat with the landowner about this yearling that looked quite "ill"! Their consensus of opinion was that I should get my rifle and put the poor beast down. I returned home to get my rifle (A .270 conditioned for Deer and AOLQ) However when I got back (Only about 10 minutes later) while getting the rifle out of the car the neighbours Jack Russels (3 noisy little devils) "opened up" and (Out of my line of sight from the car) pushed the deer into the woodlands which is waste deep in grass etc, this now made tracking and finding them near impossible, therefore no further action was taken by me.
    However it dawned on me that if the sickly looking beast had been a Doe then as Roe Does are out of season now I could have been falling fould of the law if a shot at this beast had presented itself and I had taken it.
    With these circumstances in mind can anyone say if it would be legal to shoot a "sickly" Roe Doe out of season (As a last resort) on humane grounds please. Any answers from "those in the know" would be greatly appreciated as I don't want to fall fould of any laws and I hope to go out again tomorrow morning to have another look at and re-assess the situation (We all know only too well that there is alway the possibility of a "do-gooder" seeing me shooting the "Sickly Looking Doe" and reporting me for shooting a deer while out of season.
    On the up side of this (And an added bonus) while returning to the car I spotted a young buck (which I hadn't seen here before) trotting along the driveway, obviously one to keep an eye on next time I am out on this permission!



  2. #2
    Not a problem. Shoot it as a humane dispatch on deer welfare grounds. It's not like you'll be putting it into the food chain either.
    Give you wildlife crimes officer a call and tell him your intentions to cover you if it concerns you, but it is perfectly legal.
    Make sure it has no dependents first though.
    MS

  3. #3
    Quote Originally Posted by Monkey Spanker View Post
    Not a problem. Shoot it as a humane dispatch on deer welfare grounds. It's not like you'll be putting it into the food chain either.
    Give you wildlife crimes officer a call and tell him your intentions to cover you if it concerns you, but it is perfectly legal.
    Make sure it has no dependents first though.
    MS
    Thanks for that! The way it looks there would be no chance of it entering the food chain. and if it is to be shot (Which looks pretty certain) I would be paying particular attention inspecting the gralloch if no apparent injuries showed.
    My only concern was that I would be acting perfectly legally as we do have a few (Too many for my liking) "do-gooders" around here and I value my FAC!

    Many thanks MS!



  4. #4
    This is covered by Section 25 of the Deer Act (Scotland).

    Action intended to prevent suffering -

    A person shall not be guilty of an offence against this Act or any order made under this Act in respect of any act done for the purpose of preventing suffering by—
    (a)an injured or diseased deer; or
    (b)by any deer calf, fawn or kid deprived, or about to be deprived, of its mother.

    I suppose you would just need to satisfy yourself (and any other interested party) as to whether the deer was simply just a skinny wee runt, or diseased to a degree where it's condition was terminal, and your actions were required to end its suffering.

  5. #5
    I would be wary claiming humane despatch on an apprently sick animal.

    Just like you or I (in fact, far more so), deer recover from illness. They can come back from very serious illness indeed - being skinny and lethargic isn't really a robust indication that the animal is terminal. Also bear in mind females with a heavy suckling burden can look extremely skinny indeed.

    I don't think you really have a compelling justification to shoot out of season.

  6. #6
    There is provision in law for what you intended,just be sure you can justify your actions if required, can you be sure that you would be preventing suffering by your action, if so carry on.

  7. #7
    Personally I'd deal with it and sweat the details later.
    There is a place on this planet for all of God's creatures, right next to my tatties and gravy!!!

  8. #8
    Quote Originally Posted by Dan Gliballs View Post
    Personally I'd deal with it and sweat the details later.
    agreed
    “One does not hunt in order to kill; one kills in order to have hunted.” - Jose Ortega y Gasset

  9. #9
    Quote Originally Posted by Mungo View Post
    I would be wary claiming humane despatch on an apprently sick animal.

    Just like you or I (in fact, far more so), deer recover from illness. They can come back from very serious illness indeed - being skinny and lethargic isn't really a robust indication that the animal is terminal. Also bear in mind females with a heavy suckling burden can look extremely skinny indeed.

    I don't think you really have a compelling justification to shoot out of season.
    "being skinny and lethargic" if that was the case half the teenagers and students round my way would need culling , but on a seriouse note she would still be suffering and I would have shot her for suffering walfare reasons alone.
    Jase.

  10. #10
    Quote Originally Posted by Mungo View Post
    Also bear in mind females with a heavy suckling burden can look extremely skinny indeed.

    I don't think you really have a compelling justification to shoot out of season.
    Exactly, i have seen some pretty ropey looking does with dependent kids around, so i would take that into serious consideration before you make a final decision.
    But of course we aren't seeing what you are so it could be well justified.

    Cheers

    Richard

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