What does the Wildlife Management and Muirburn Bill mean for Scotland?

Holyrood’s Rural Affairs & Islands Committee has been calling for views on the Scottish Government's new Wildlife Management and Muirburn (Scotland) Bill. It covers such things as wildlife crime, and management of moors. The consultation closed on Friday. Rural Affairs Correspondent Katharine Hay takes a closer look.

What is the Bill?

Introduced in March, the Bill contains measures to address wildlife crime, tackle raptor persecution and to ensure the grouse moors that are not currently being managed in a sustainable and welfare-focused way will be in future.

The Bill also looks at muirburn, the controversial practice of controlled burning of vegetation, which critics say can pose a risk to wildlife, while those in favour insist it helps promote biodiversity and acts as a protector against wildfires.

Curlews are in rapid decline in Scotland. Picture: Graeme Stark

Why has the Bill been introduced?

The Scottish Government said a report from NatureScot in May 2017 found that around a third of satellite-tagged golden eagles in Scotland disappeared "in suspicious circumstances”, on or around grouse moors.

In response, Roseanna Cunningham, the then Cabinet Secretary for the Environment, commissioned an independent group to look at the environmental impact of grouse moor management – the Grouse Moor Management Group (GMMG).

The GMMG report (otherwise known as the Werritty Review) made more than 40 recommendations, including on licensing grouse shooting, muirburn and the use of traps.

There are estimated to be only 160,000 red squirrels remaining in the UK, 75% of which are in Scotland (pic: Liam McBurney/PA)

The Bill’s aim, therefore, is to address raptor persecution and to ensure the management of all grouse moors is done in an “environmentally sustainable and welfare conscious manner.”

Here are the headline proposals of the Bill:

• - A new licensing scheme for the killing or taking of certain birds (initially red grouse only), otherwise known as “grouse moor management license”
• - A licensing scheme for the use of certain wildlife traps
• - A ban on the use of glue traps - trays coated with an extremely sticky adhesive commonly used for pest control
• - Enabling powers that certain persons may be appointed to exercise in relation to wildlife crime investigations, which potentially includes SSPCA officers
• - A year-round licensing scheme for muirburn

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Licencing scheme for killing or taking birds (initially red grouse) – “the grouse moor management licence”

The proposals state that the purpose of this licensing scheme is to “address the ongoing issue of wildlife crime, and in particular the persecution of raptors on managed grouse moors.”

The Bill said this will be authorised by enabling the licence to be modified, suspended or revoked, “where there is robust evidence of raptor persecution or another relevant wildlife crime related to grouse moor management.”

Some key features of the proposed licence are:

• - The licensing authority will be NatureScot and licences will only be granted if NatureScot is satisfied that it is “appropriate” to do so. The Bill does not define what “appropriate” means
• - Licenses may only be granted or renewed for a maximum period of one year
• - It will be an offence if the shooting of red grouse happens on land where the landowner has not sought a licence for doing so

Licenses can be modified by NatureScot at any time, although NatureScot’s decisions on the licence scheme can be appealed in the Sheriff Court . The government agency can also revoke or suspend a licence for reasons including:

• if there is a failure to comply with licence conditions (prescribed by NatureScot)
• the agency is satisfied that the licence holder or a person involved in managing the land has committed a relevant offence
• if the licence holder is under investigation for a relevant offence, even if they are not satisfied on the evidence that a relevant offence has been committed. “Relevant offences” include wildlife offences relating to the killing or taking of wild birds and wild mammals.

Such an offence could result in imprisonment for up to 12 months or a fine up to £40,000; or on conviction of indictment, imprisonment for up to five years or an unlimited fine, or both.

Historically, campaigners have reported the number of raptors over grouse moors to be lower than expected. It was inferred that, in some estates, predator control included the illegal killing of raptors.

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What do the critics say about this?

Critics of the Bill say the proposed licence scheme as is stands is flawed “because it goes well beyond the central issue of raptor persecution”, which they say is now at a “historic low.”

Moorland management groups say the proposals allows triggers for licence revocation and suspension that has “nothing to do with raptor persecution.”

Ross Ewing, director of moorland at Scottish Land & Estates (SLE), said: “If you’ve committed a crime under the protection of the Badgers Act, let’s say, you could have your licence to shoot grouse taken away or suspended which is completely unacceptable.

“We would accept it if it was related to raptor persecution on it’s own, but the fact that it goes beyond that is unacceptable.”

He said members of the rural estates organisation said the notion that an investigation on its own is enough grounds to suspend a licence is “particularly concerning.”

"Police investigations could easily be started if I decided to ring up and say I saw X shooting said bird on Y estate. Under the terms of the Bill, Naturescot would have every right to suspend your licence just for that baseless vexatious allegation.”

Peter Clark of British Association of Shooting and Conservation (BASC) said: “’Specific birds’ relates to red grouse right now, in the bill’s current form, but here lies the possibility of the floodgates opening to the licensing of other activities.

“The Scottish Government could add any species, whether red-legged partridge or pheasant to the ‘list’, requiring land managers to apply and be granted an individual licence. The addition of a species could be done without the necessary rigorous parliamentary scrutiny or substantial consultation process. In short, this means that, in the future, the shooting of any gamebird could be licensed.”

A licensing scheme for the use of certain wildlife traps

The purpose of the wildlife trap licensing scheme is to ensure that wildlife trapping is being undertaken in an environmentally sustainable manner.

The Bill said it recognises certain traps are an important wildlife management and pest control technique.

The proposals make limited modification to the existing legislation on the use of live capture bird traps or traps approved by the Spring Traps Approval (Scotland) Order 2011, but adds the requirement that individuals using those traps must hold a licence and meet the following conditions:

• - Complete training by an approved body each time they apply or renew their licence
• - Register with the relevant authority (Scottish Ministers or if delegated NatureScot) for a unique licence number
• - Display this unique licence number on each trap they use
• - Use the trap in accordance with the training

A person convicted of these offences will be liable on summary conviction to imprisonment up to 12 months or a £40,000 fine (or both); and on indictment to imprisonment for up to five years or an unlimited fine; or both.

What do the critics say about this?

Campaign group OneKind said the proposals are “not robust enough” to protect animal welfare, and insisted snare traps – trap often consisting of a noose – should be banned outright.

Revive, a coalition set up for grouse reform, said more consideration needs to be given to methods “that cause less suffering.”

BASC, however, argued there is no need for additional training and accreditation for trap operators, but there is an industry recognition that there is inconsistency in current legislation with respect to trapping and snaring.

A ban on the use of glue traps

Glue traps (sometimes known as sticky boards or glue boards) are devices used for a variety of purposes, primarily to control ground rodents. Conservation groups have said they are more commonly used for pest control rather than wildlife management.

The Bill will make it a criminal offence to:

• - Set a glue trap for the purpose of catching any animal (other than an invertebrate)
• - Use a glue trap in a manner that is likely to cause bodily injury to any animal (other than an invertebrate)
• - Purchase a glue trap that is designed to capture any animal (other than an invertebrate) unless this is purchased for use outwith Scotland and is delivered outwith Scotland.

A person convicted of these offences will be liable on summary conviction to imprisonment up to 12 months or a £40,000 fine (or both); and on indictment to imprisonment for up to five years or an unlimited fine; or both.

It said banning the use of glue traps would have an immediate positive impact on the welfare of rodents and other species they are used to trap.

The Scottish Government said it has not found any UK manufacturers of glue traps so it understands impact on this specific industry will be limited.

Enabling powers that certain persons may be appointed to exercise in relation to wildlife crime investigations, including the SSPCA

The Bill contains proposals to allow Scottish Ministers to extend the powers of inspectors to investigate relevant offences relating to wild animals, which could potentially include SSPCA officers, should they deem it appropriate to do so.

Campaign groups, including Revive, argue there should be increased investigations of animal welfare offences and for tackling wildlife crime, which they claim goes largely undetected.

What do the critics say?

Some conservation groups have voiced concern over the notion of affording charities statutory powers to investigate crimes as setting a “dangerous precedent.”

SLE said some of the campaigning the charity does around certain land management tools could present a conflict of interest when it comes to investigating wildlife crime.

Mr Ewing said: “SSPCA officers don’t tend to be trained to the same standard as police officers when it comes to investigating crime; they don’t have to go through the same vetting process as officers Police Scotland.”

A year-round licensing scheme for muirburn

The Werritty review report recognised the benefits of muirburn: that it provides nutritious shoots for grouse, livestock, deer and mountain hares, can increase biodiversity in dry heaths. However, it also said there was strong evidence muirburn can have a “detrimental effect on biodiversity, hydrology, and soil stability.”

The report concluded that muirburn should be subject to greater regulation and oversight.

The new Bill proposes the requirement of a licence all year round for muirburn on any land in Scotland.

The purpose of the licensing scheme is to “ensure that muirburn is being undertaken in an environmentally sustainable manner, with due consideration of all the possible consequences.”

The policy memorandum states there is currently no scientific consensus on the effects of muirburn therefore the Bill contains powers to modify the regulations of muirburn in the future, as further scientific evidence is developed.

Some key features of the muirburn licensing scheme are as follows:

• - Any landowner or occupier wishing to make muirburn will require a licence to do so. The licensing authority is NatureScot.
• - There are two types of license applications: (a) licenses related to “peatland” (defined as land with peat deeper than 40cm); and (b) licenses related to non-peatland (which apply to land where the peat is shallower than 40cm)
• - Licenses will be valid for such period as prescribed by NatureScot
• - Licenses may be suspended or revoked if a) NatureScot are satisfied that a relevant person has committed a relevant offence; or b) there is an official investigation or proceedings in relation to an offence

It would become an offence to carry out muirburn without a licence being in place.

Such an offence could result in imprisonment for up to six months or a fine of up to £5,000; or both.

What do the critics say?

A coalition of groups including League Against Cruel Sports Scotland, John Muir Trust and Scottish Raptor Study Group wrote an open letter to cabinet secretary for Rural Affairs Mairi Gougeon arguing that all muirburn should require a licence, regardless of whether it takes place on a grouse moor or not.

The collective also said peat depth should be redefined as 30cm instead of 40cm.

While other conservations say the muirburn proposals “lack scientific rigorousness in terms of understanding how it plays a role in ecosystems and making land more resilient to wildlife.”

Mr Ewing said: “People get this notion that peatland is being burnt, but it’s not peatland, it’s the upper layer of vegetation.

“The Scottish Government is going about regulating the practice in an arbitrary way using a below ground metric (40cm) to regulate an above ground activity which I think is illogical.”

Other conservationists insist muirburn provides favourable habitat for ground nesting birds such as the curlew, while Scottish Fire and Rescue Service has backed it as an important practice to prevent wildfires.

What would it mean for rural Scotland if it is passed?

While the Bill promotes positive steps for Scotland’s countryside, including the potenital to reduce wildlife crime and to encourage more sustainable practices when it comes to managing land, rural groups have expressed concern about the social, economic and environmental impact it could bring as it stands.

BASC said the proposals will caused “significant collateral damage on rural communities right across Aberdeenshire, Angus, Moray and further afield” and “the effect on the rural supply chain could lead to the loss of village pubs, hotels, shops, and jobs moving out of the glen.”

Sarah-Jane Laing, chief executive at SLE said the Bill “takes a legislative sledgehammer to a community which delivers very substantial social, economic, environmental and conservation benefits – many of which are recognised by Scottish Ministers.”

Mr Ewing said he is particularly concerned about the implications for certain wildlife species, such as the curlew and other ground nesting birds, which he said thrive on managed moorland.

He added: "Tourist organisations in Scotland revere our purple heather moorlands associated with grouse moors.

"The proposals as they stand will have a significant downstream consequences for our rural communities in Scotland so we must get this legislation right.”

Minister response

Mairi McAllan, who is now cabinet secretary for NetZero but who was the environment minister at the time of the Bill being introduced, said: “The illegal killing of Scotland’s magnificent birds of prey cannot be tolerated. This Bill will seek to tackle the destructive minority who would continue to commit these wildlife crimes.

“I recognise that grouse shooting contributes to the rural economy and this Bill is not about stopping this activity. However, it is clear that grouse moors must be managed in a sustainable and responsible way ensuring any environmental impacts are minimised.

“The public consultation on the Bill, which received over 4,500 responses, made clear that the regulation and protection of our natural environment is an important issue for many.

“The views of both the public and stakeholders have been carefully considered in the formation of this Bill and I look forward to its passage through Parliament.”