If you manage land in Scotland where wild deer are present, you have legal obligations under the Deer (Scotland) Act 1996. This applies whether you are a farmer, estate manager, forester, or crofter. Deer management in Scotland is overseen by NatureScot, which has powers to intervene where voluntary management fails.
Wild deer in Scotland are res nullius (owned by no one), but landholders have a duty to prevent damage by deer to agriculture, forestry, and the natural heritage. Anyone who shoots deer must hold an appropriate firearms certificate.
This guide covers the key obligations you need to understand: close seasons, authorisations for out-of-season and night shooting, crop damage provisions, deer management plans, and NatureScot intervention powers.
Regulatory framework
NatureScot (formerly Scottish Natural Heritage) has overarching responsibility for deer management in Scotland, having absorbed the Deer Commission for Scotland in 2010. Its role includes monitoring deer populations, approving deer management plans, authorising out-of-season and night shooting, and imposing compulsory control schemes where voluntary management fails.
Close seasons
Close seasons set the periods during which deer of each species and sex may not lawfully be killed. Killing deer during the close season without authorisation is a criminal offence. The dates vary by species and sex, so you must know which deer species are present on your land.
What you need to do
The following steps set out the core obligations for anyone managing land where deer are present in Scotland.
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1. Know which deer species are on your land
Identify the species present (red, sika, fallow, or roe deer). Each species has different close season dates. If you are unsure, your local Deer Management Group or NatureScot can advise.
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2. Plan culling within open seasons
Schedule deer culling to fall within the open season for each species and sex. Check the close season dates before organising any stalking activity. Keep records of all deer killed, including species, sex, date, and location.
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3. Apply for authorisations if needed
If you need to shoot deer outside the open season or at night, apply to NatureScot for the appropriate authorisation before carrying out any shooting. Unauthorised out-of-season or night shooting is a criminal offence.
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4. Understand your crop damage rights
If deer are causing or about to cause serious damage to crops, enclosed woodland, or growing trees on your land, you may be able to kill deer out of season under section 26 of the Deer (Scotland) Act 1996 without prior NatureScot authorisation. You must still notify NatureScot as soon as practicable afterwards.
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5. Engage with your Deer Management Group
If your land falls within a Deer Management Group area (most Highland and upland areas do), participate in the group and contribute to the Deer Management Plan. This includes providing deer count data and cull returns annually.
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6. Maintain firearms compliance
Anyone shooting deer must hold a valid firearms certificate with the appropriate calibre authorised for deer. Check with Police Scotland if you are unsure whether your certificate covers deer stalking.
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7. Report cull figures to NatureScot
NatureScot requires deer managers to submit annual cull returns. These are used to monitor population trends and assess whether management objectives are being met.
Night shooting
Shooting deer at night is generally prohibited. You must obtain specific authorisation from NatureScot before carrying out any night shooting, even on your own land.
Crop and forestry damage
If deer are causing serious damage to your crops, enclosed woodland, or growing trees, section 26 of the Deer (Scotland) Act 1996 provides an important exemption that allows you to act without waiting for NatureScot authorisation. However, specific conditions must be met.
Deer Management Groups and NatureScot intervention
Deer management in Scotland operates primarily through voluntary Deer Management Groups. However, NatureScot has escalating intervention powers where voluntary management is not delivering results. Understanding this escalation path is important because non-compliance with a compulsory control scheme is a criminal offence.
Common problems and how to avoid them
Shooting deer in the close season without authorisation
This is the most common offence. Always check the close season dates before organising any stalking. If you need to cull deer during the close season to prevent crop damage, ensure you meet the conditions under section 26, or apply to NatureScot for an out-of-season authorisation in advance.
Night shooting without authorisation
Night shooting requires specific NatureScot authorisation even if you hold a general firearms certificate. Apply well before you need to carry out night shooting, as authorisation takes time to process and conditions will be attached.
Failing to report deer killed under section 26
If you kill deer out of season under the crop damage provisions, you must notify NatureScot as soon as practicable. Failure to report undermines your defence if challenged and may lead to investigation.
Not participating in a Deer Management Group
While DMG membership is voluntary, failing to engage with collaborative deer management increases the risk that NatureScot will impose a compulsory control scheme on your area. A control scheme removes your discretion over cull levels and other management decisions.
What to do next
- Check close season dates before planning any deer culling activity on your land
- Contact your local Deer Management Group to find out about membership and the current Deer Management Plan for your area
- Apply to NatureScot if you need authorisation for out-of-season or night shooting
- Review your firearms certificate to ensure it covers the calibres required for deer
- Keep records of all deer killed, including species, sex, date, location, and the legal basis for killing