Marine (Scotland) Act 2010

121 Power to enter land to protect fisheries or fish farms from seals

(1) The Scottish Ministers may, after consulting the Natural Environment Research Council, authorise a person to enter land in order to kill or take seals in accordance with a seal licence granted for the purpose of preventing them from causing serious damage to fisheries or fish farms.

(2) Before granting such an authorisation, the Scottish Ministers must—

(a) give notice to the occupier of the land—

(i) setting out their intention to grant the authorisation, and

(ii) informing the occupier of the right to make representations to the Scottish Ministers within 28 days of the notice, and

(b) have regard to any timeous representations made by the occupier.

(3) An authorisation must specify—

(a) the land to be entered, and

(b) the period (of no more than 8 weeks) during which the land may be entered, and

(c) the number and species of seals that may be killed or taken.

(4) An authorisation may be conditional.

(5) Any seals killed or taken in pursuance of an authorisation belong to the Scottish Ministers (and may be disposed of as they think fit).