THE TERMS of a so-called “conservation” act were called into question at Arbroath Sheriff Court yesterday after Ferryden fisherman George Pullar was acquitted of killing a seal by shooting it during the close season.

Pullar (37), of Killin View, Boddin, denied that he contravened the Conservation of Seals Act 1970 by wilfully killing a common seal near Lighthouse Road, Ferryden, on July 20, 2005.

The close season for common seals is June 1 to August 31 and grey seals are protected between September 1 and December 31 to safeguard the animals during their breeding seasons.

Killing of seals without a licence during close seasons is a criminal offence but fishermen are exempt from this provision if they can claim that a seal was in “the vicinity” of their nets.

During the trial Pullar freely admitted he shot at a seal lying on a sandbar, an act witnessed by a female, and further admitted having shot another one in the water two hours earlier.

However, on both occasions he maintained he was entitled to take such action as the animals were within half a mile of his nets and creels.

The court heard that when the Conservation of Seals Act was introduced, Pullar’s father had written to the department of Agriculture and Fisheries for Scotland seeking clarification of the legislation.

A copy of a letter in response indicated fishermen were permitted to take seals if they were within half a mile of their nets.

The court heard that under the terms of the Act, “vicinity” has no legal definition, which depute fiscal Anne Hart conceded gave her a problem.

“I don’t think there’s much dispute that Mr Pullar shot at seals on the morning of July 20,” she said. “His version of events corresponds with that given by the witness. The issue today is the exemption. That is what is relied upon but unfortunately vicinity is not defined within the Act.

“In addition, the definition takes no account of what a seal is actually doing at the time. In view of the terms of the letter from the fisheries department I do feel that the Crown is in some difficulties.”

Defence advocate Mark Stewart said he could understand the feelings of the public towards watching someone shoot a seal which was basking on a sandbar.

“However, my client is a fisherman,” he said. “I would argue that it is a far more humane and reasonable proposition to shoot it while you have a clear line of sight.

“His furthest estimate from his nets, taken with the benefit of satellite navigation, was .32 of a mile. Well within the guidance contained in the letter.”

Finding Pullar not guilty, Sheriff Valerie Johnston said she found him to be a “credible witness” and said he had acted within the terms of his exemption.

“The public could well be appalled at someone shooting seals apparently sunning themselves but he’s in the fishing industry,” she said.