Hunting and fishing in the countryside

Fishing rights in Scotland

Your fishing rights depend on where you're fishing.

Inland fishing

The rights to fish in inland rivers, streams and lochs usually belongs to the landowner whose property borders or surrounds the water. However, these rights can be bought, sold or leased separately from the land. 

If a river runs between two pieces of land owned by different people, each owner normally holds the right to fish on their half of that stretch of water. 

To fish on any inland water, you must either own or lease the fishing rights, or have permission from the rights holder. Fishing without permission is an offence. Fishing for salmon without permission is a criminal offence. 

Sea fishing

You don’t usually need permission to fish recreationally in the sea or most tidal waters. This includes sea lochs, bays and tidal stretches of rivers, as these are owned by the Crown. You might still need permission to cross private land to reach the water. 

You cannot fish for salmon anywhere without permission. 

Who can hunt

Before anyone can hunt or shoot, you need: 

• the permission of the landowner - or of the person with hunting rights on the land 

• a game licence - you can apply to the Post Office for this 

• a firearms or shotgun certificate - if you’re using a gun. You should apply to the police for this. 

You don’t need a game license to shoot rabbits, hares, pigeons, ducks or deer on your own land or if this is authorised by the landowner. You also don’t need a game licence if you’re helping another person to hunt, for example if you’re a beater. 

Landowners

Wild animals are not owned by anyone, but landowners normally have the exclusive right to hunt and kill animals on their land, unless they’ve given this right to someone else. Permission might be given to:  

• an individual hunter 

• a group – like a shooting syndicate 

• employees of the landowner – employees might have an implied right to hunt on the land if their contracts don’t specifically exclude it. 

If you want to hunt or shoot on private land, you must have the permission of the landowner or whoever holds the hunting rights.  

Agricultural tenants and occupiers

If you rent or occupy enclosed agricultural land, you can take or kill deer to prevent serious damage to crops. You must not sheet deer at night unless you have permission from NatureScot. 

You can also take or kill hares or rabbits on your land. 

When can animals and birds be hunted

Most game animals which are hunted are protected by a close season when they're breeding. During these periods of the year, all hunting of the animals listed below is normally illegal. Different animals have different close seasons. This is decided by the Scottish minister for rural affairs. 

There's no close season for shooting rabbits or male deer.

You can only kill the animals above during their close season if it's necessary to prevent suffering because the animals are ill, injured or causing serious damage to crops, gardens or trees.

Its an offence to kill or take red grouse outside their close season unless the owner or occupier of the land where the shooting takes place has a licence from NatureScot. Find out more about red grouse and licensing on the NatureScot website.

In addition to the birds in the table above, certain other species such as wild geese and ducks can be hunted by wildfowlers, but only in their open season.

Some animals, like mountain hares and wildcats, can't be hunted and killed at any time of the year because they're protected. There's a list of protected species in Scotland on the NatureScot website. 

How can animals be caught or killed

The following methods are restricted by law.

Traps

The use of any leg-hold trap, which restrains or captures with jaws that close tightly on one or more of the animal's limbs, is totally prohibited. Spring traps, which are powered by springs, can only be used if they're approved by a spring trap approval order.

Snares

A snare is a device that uses a noose to capture certain animals or birds. It's an offence to use a snare to kill or injure any animal or wild bird.

It’s also an offence to use a snare to catch or take an animal, unless the snare is operated by hand.  

It's an offence to use a snare to catch or take a wild bird, unless you have a license from Nature Scot. 

Firearms

The types of firearms which can be used for hunting animals is regulated. Youshould consult the police for more information. 

Bows and arrows

You must not use bows and arrows, or crossbows and bolts to kill or take any wild animal or bird. 

Poison

The law on the use of poison to kill animals is complicated, and questions should be referred to the police. The general rule is that you’re allowed to poison rats, mice or other small vermin, as long as precautions are taken to prevent dogs, cats and other domestic animals from being injured.  

It’s illegal to poison wild animals and birds. 

Hunting with dogs

It’s illegal to hunt a wild mammal using a dog except in limited circumstances. The definition of a 'wild mammal' does not include mice or rats.  

In situations where hunting with a dog is allowed, there are rules about how it must be done and limits on the number of dogs that can be used. In some circumstances NatureScot can issue licences for using more dogs. 

It’s also an offence to knowingly cause or allow someone to hunt a wild mammal with a dog, unless it is for a permitted purpose. 

Using a dog to find and follow an animal-based scent, known as trail hunting, is also illegal, unless the dog is being trained for a lawful purpose.  

You can read more about hunting with dogs and licensing on the NatureScot website.  

If you're concerned about an illegal hunt, you can report this to the police. Find out more about reporting wildlife crime on the Police Scotland website. 

Explosives

The use of any explosive other than ammunition for a firearm is forbidden.

Gassing

Certain animals with holes, burrows or earths, such as rabbits and moles, can be gassed to prevent damage to land or agriculture. There are no products approved for use against foxes.

Poison gas is very dangerous and should only be used by a specialist pest control company.

Decoys

The use of a live mammal or bird as a decoy for the purpose of killing or taking any live animal or bird is forbidden.

Poaching

It's a criminal offence to poach. Poaching means pursuing, taking or killing game, including rabbits, or fish without the owner's permission.

If the police or local river bailiffs suspect someone of poaching, they can stop and search them and any vehicle belonging to them. If the person suspected of poaching refuses to provide their name and address, the landowner can apprehend them and take them to a justice of the peace.

Selling game

A licence is required to sell game. You should contact your local council's licensing department for more information.

Other organisations

NatureScot

NatureScot, previously known as Scottish Natural Heritage, is the government body which promotes conservation of the countryside. It's responsible for designating and caring for sites and areas which have a special interest in terms of their wildlife, habitat or landscape value. These sites are national nature reserves, sites of special scientific interest and national scenic areas.

NatureScot operates through a network of local offices. Its headquarters are:

League Against Cruel Sports

The League Against Cruel Sports campaigns against many forms of hunting, coursing and blood sports.

Scottish Countryside Alliance

The Scottish Countryside Alliance campaigns on certain rural issues and is pro-hunting.

Scottish Rural Network

The Scottish Rural Network provides information, opportunities for discussions, a calendar of events and an opportunity to communicate with people in other rural areas across Scotland.