Part 6Conservation of seals

Offence: killing, injuring or taking seals

I1108Exceptions: alleviating suffering

1

It is not an offence under section 107 for a person to end a seal's life humanely (or to injure a seal when attempting to do so) if—

a

it has been seriously disabled (otherwise than by the person's unlawful conduct),

b

it has no reasonable chance of recovering, and

c

ending its life—

i

is the only satisfactory way to end its suffering, and

ii

is not detrimental to the maintenance of the population of any species of seal at a favourable conservation status in their natural range (within the meaning of Article 1(e) of the Habitats Directive).

2

It is not an offence under section 107 for a person to take a seal (or to kill or injure a seal when attempting to take it) if—

a

it has been disabled (otherwise than by the person's unlawful conduct),

b

it is (or is to be) taken only in order to—

i

tend it with a view to releasing it after it has recovered, or

ii

release it after it has been tended,

c

it is (or is to be) taken in a manner and in circumstances unlikely to cause the seal to suffer unnecessarily, and

d

taking it—

i

is the only satisfactory way to help it to recover, and

ii

is not detrimental to the maintenance of the population of any species of seal at a favourable conservation status in their natural range (within the meaning of Article 1(e) of the Habitats Directive).

3

It is the duty of a person who kills, injures or takes a seal in a manner which is lawful by virtue of this section to report the matter to the Scottish Ministers as soon as reasonably practical after doing so.

4

Failure to comply with the reporting duty is an offence.