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Pine martens and Licensing

Pine marten surveys, science, research or education

There should be no need for a licence to carry out a basic survey for pine martens, providing that you take reasonable precaution to avoid intentionally or recklessly disturbing these animals in their dens.  If such disturbance cannot be avoided, or if you are planning to carry out research or educational work that would otherwise result in an offence in relation to these species, Scottish Natural Heritage are the appropriate licensing authority.

Download an application form  Word document   

Pine martens and predator control

It is illegal to intentionally or recklessly capture or kill a wild pine marten.  However, it may be possible, subject to strict conditions being met, to control pine martens for the purpose of conserving wild bird populations.  This would only be permitted where evidence could be provided to show that pine marten predation was responsible for causing declines in a population of a species of wild bird in direct need of conservation action.  Scottish Natural Heritage is responsible for the issue of these licences.

If you believe that pine martens are causing serious damage to livestock (in some circumstances reared game birds can be classified as livestock), then contact the Scottish Natural Heritage species licensing team. For guidance on how to prevent pine marten predation of penned game birds click here  PDF document (please note that some of the legal and licensing information in this document is out of date).

Pine marten licensing for social economic and environmental purposes

It is possible to licence activities that could affect pine martens for social, economic or environmental reasons. This could cover a range of activities including development. However, it is important to note that licences may only be issued for this purpose provided that:

  • the activity authorised by the licence will contribute to significant social, economic or environmental benefit; and,
  • there is no other satisfactory solution  PDF document .

*NEW* Guidance for applicants  PDF document - on the new licensing purpose for non-bird species protected under the Wildlife and Countryside Act 1981 for 'social, economic or environmental purposes'.

If pine martens or their dens are likely to be found in or close to the site in question then it is strongly recommended that you have a survey undertaken by a suitably qualified and experienced person. If they are found then the surveyor should identify what impact the proposal might have on them and whether or not the proposed works could result in an offence.

Download an application form  Word document  

Pine martens and houses

Occasionally pine martens can use houses (generally the roof-space) as a den.  This can sometimes cause problems for householders.  Although it is generally an offence to disturb pine martens in dens or to block access to den sites, this does not apply to dwelling houses.

Therefore there is no need for a licence to try to discourage pine martens from using a roof-space by disturbing them.  Similarly it is not illegal to block the access point to the roof-space providing that the pine marten is not present at the time.  If young pine martens (kits) are present, then the process may be more difficult, as you cannot move the young without a licence and they are unlikely to leave the roof-space.  If this situation arises you should contact your local Scottish Natural Heritage office for advice. A licence might be necessary for someone to resolve the situation without jeopardising the welfare of the animals. 

Download an application form  Word document

Possession of specimens etc.

There is a general offence under the Wildlife and Countryside Act 1981  (as amended) against possession of a dead pine marten or a part of one.  However, a person is not guilty of this offence if he or she can show that the pine marten had not been killed illegally.

Licences are therefore not necessary for someone to possess a dead pine marten, but it will be up to that person to be able to demonstrate that it was not killed illegally should they be asked to do so by the police.

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