Killing or capturing birds and animals
It is a crime to kill or capture wild birds or protected animals by using:
- hooks or nets;
- any form of artificial lighting or dazzling device;
- electrical devices;
- gas or smoke;
- poison;
- a live bird or animal as a decoy;
- bows or crossbows;
- any sound recording used as a decoy;
- explosives;
- mechanically propelled vehicles;
- automatic weapons.
Anyone who knowingly permits the use of one of the prohibited methods is guilty of an offence as well as the person actually using it.
The law on badgers, deer and seals contain restrictions on the
methods that can be used to kill or take them, including the guns that
may be used.
European Law provides similar restrictions on methods of killing for
a list
of species incorporated into Scottish Law in the The Conservation
(Natural Habitats, &c.) Amendment (Scotland) Regulations 2004.
There is one important addition - a ban on the use of
indiscriminate traps, such as snares, for these species. Most are
species already specially protected under Scottish law but the mountain
hare Lepus timidus is a
particular addition. It is also not permitted to kill a protected
animal, such as a harbour seal, pine marten or mountain hare, from a
moving vehicle or aircraft.
Placing poison or poisonous baits in the open is
illegal even if the intended target is a pest species. The very few
exceptions to this must be carried out under licence. In
particular it is illegal to use pesticides to kill species for which
they are not approved. The Nature Conservation (Scotland) Act makes it
illegal to possess such pesticides if you do not have a legal use for
them.
It is a crime to use poison, explosive or an electrical device to take any fish.
There are some permitted methods of trapping animals and birds.