Freedom of Information Request - Out of Season Licenses
Date: 05 August 2025
Our ref: SIR180939/A5319103
Information Request – Out of Season Licenses
Your Request
‘Please could you provide me with:
1. The reason why you give out blanket Out Of Season licenses to Forestry and Land Scotland.
2. How many sites have you inspected for deer damage to trees and habitat from 2016 to present? (Can you show each year individually, with each site that has been inspected, including the dates they were inspected).
3. I believe approximately 90% of FLS cull are shot from a vehicle at the side of the road. FLS are meant to show that they have put in the effort in daytime before the Out Of Season license is granted. Have they provided any evidence of this? Could you confirm this.’
Our Response
Following a search of the information we hold our response is below.
- The reason why you give out blanket Out Of Season licenses to Forestry and Land Scotland (FLS)?
FLS apply for and are granted Out of Season (OOS) authorisation for the purposes of culling female deer to prevent damage to unenclosed woodland, the natural heritage, and in some cases for reducing the risk to public safety. Please note, FLS will also have the right to cull deer out of season under the General Authorisation for prevention of damage to Enclosed Woodland. There is no requirement to apply for the General Authorisation.
FLS are split into five regions across Scotland - we issue seven Section 5(6) Out of Season authorisations that cover all FLS owned properties which have predominantly unenclosed woodland or natural heritage objectives. FLS wildlife management policy is to group properties into Wildlife Management Units (WMUs). In essence a WMU could be made up of 1 to 27 separate woodland blocks, all of which are identified as 'control areas' on an authorisation. During the yearly period 2024/2025, 611 control areas were covered over the seven OOS authorisations.
Through the relevant application process FLS can provide us with detailed information on all authorisation application questions (see link below). In particular, the details of management objectives at both regional and WMU level via-
• Deer Management Plans.
• Cull level and effort per WMU and specific control areas.
• Damage and population assessments across a range of habitats per regional area.
• Attendance at all collaborative management forums.
FLS objectives are reflected across the National Forest Estate i.e. aiming for the same level of acceptable damage. Therefore, whether one application per region or one per property, there is similar information shared. Where there are specific queries or concerns then NatureScot will follow up with these directly. Please note this is no different to how some private woodland companies apply and are issued authorisations.
Further information on deer authorisations.
See the authorisation application, so that you can view the range of information requested.
2. How many sites have you inspected for deer damage to trees and habitat from 2016 to present? (Can you show each year individually, with each site that has been inspected, including the dates they were inspected)?
We aim to site visit at least 10% of authorisation properties per yearly period. This may be properties where authorisations are newly applied for or where renewals have been issued. We don't currently collate information on the sites visited and dates these were carried out. This means that EIRs Regulation 10(4)(a) (Information not held) applies to your request for the information.
Across the year we meet with FLS to discuss a range of local deer management topics. Whilst not initially for authorisation purposes, the need for authorisations are routinely discussed.
3. I believe approximately 90% of FLS cull are shot from a vehicle at the side of the road. FLS are meant to show that they have put in the effort in daytime before the Out Of Season license is granted. Have they provided any evidence of this? Could you confirm this?
We gather information on total annual deer cull by property and total authorisation cull by property. This doesn’t differentiate the location of culls.
In assessing the need to cull out of season we can confirm NatureScot considers the effort taken to carry out deer control in season. In providing evidence, FLS can provide information about both staff and contractor effort in delivering culls in season (or indeed in and out of season when requesting night shooting). Evidence can be the previous year’s culls taken in season, the level of resource i.e. man days.
With regards to damage by deer to woodlands it is widely recognised that the culling of deer is required in season, out of season, and at night to manage damage levels.
How We Handled Your Request
We believe you have asked for environmental information as defined in the Environmental Information (Scotland Regulations 2004 (‘the EIRs’), so we are dealing with your request under those regulations. To be able to use the EIRs, we must apply an exemption under section 39(2) of the Freedom of Information (Scotland) Act 2002 (‘FOISA’). The Scottish Information Commissioner’s guidance recommends that public authorities apply this exemption to environmental information and handle request under the EIRs.
If you would like to find out more about the access to information legislation, there is a guidance booklet available on the Scottish Information Commissioner’s website.
Review and Appeal
I hope this information meets your requirements, but if you are dissatisfied with how we have responded to your information request, please write to us within 40 working days explaining your concerns. You can contact us at Battleby, Redgorton, Perth, PH1 3EW or email us at [email protected]. We will carry out a review of our response and contact you with our findings within 20 working days.
If you are not satisfied following this, you can make an appeal to the Scottish Information Commissioner within 6 months. The Scottish Information Commissioner can be contacted at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Yours sincerely
FOI Officer,
NatureScot
