Scottish Government to opine on Werritty report

I read on Raptor Persecution UK today that the Scottish Government is going to say something about the Werritty report tomorrow afternoon – good.

After all this time of setting up the group, writing the report, publishing it and then reading it, we need to see some action on the subject in Scotland. I’m quite optimistic – but we’ll see.

Whatever Scotland decides will set a benchmark for England too. DEFRA, curiously, has already said it’s going to have a look at what Scotland decides on a range of issues to do with moorland management and then assess the advantages and disadvantages of regulatory alignment on either side of the Border. That’s pretty vague, and may mean very little, but the publication of the England Peat Strategy, which must include something on burning on peatlands, is promised for this year (which is running out fast) and Westminster may wish to give a nod to what is proposed in Scotland in their strategy.

Anyway, not long until we find out something, so here are the recommendations of the Werritty Report as homework for tomorrow’s statement.

General

1. We unanimously recommend that a licensing scheme be introduced for the shooting of grouse if, within five years from the Scottish Government publishing this report, there is no marked improvement in the ecological sustainability of grouse moor management, as evidenced by the populations of breeding Golden Eagles, Hen Harriers and Peregrines on or within the vicinity of grouse moors being in favourable condition.

2. That a framework Code of Practice on grouse shooting be produced reflecting regulation specific to the sector and advising on best management practices. If statutory provisions are included, the Code would need approval by Scottish Ministers with having oversight and ownership.

Raptors and predation

3. That there should be no change in the legal status of any bird-of-prey species in Scotland.

4. That where particular species are perceived to be limiting the populations of red and or amber-listed ground-nesting birds, including Red Grouse, greater use should be made of the Wildlife & Countryside Act 1981 s16. This existing licensing legislation allows SNH to permit under licence a range of lethal and non-lethal management options.

5. That the brood management programme for Hen Harriers in England should be monitored, and if it is deemed successful in producing an increase in the breeding numbers and distribution of Hen Harriers, then consideration should be given to introducing a similar programme in Scotland.

6. That as much as possible should be done to change the culture of grouse moor management to accept more loss of grouse to avian predators and to allow these predators to nest locally.

7. That SNH, possibly through their licensing agent the BTO, or directly, ensure that the licences issued for the satellite-based tracking of tagged raptors includes a condition that commits the data holder (i.e. the owner of the tag) to: (a) being listed on a register of data holders which SNH, BTO and Police Scotland have access to; and (b) cooperate expeditiously with Police Scotland and SNH in sharing data and associated information regarding tagged birds found dead or missing in suspicious circumstances. That on receipt of shared data and associated information, Police Scotland expeditiously processes the shared data and associated information to determine whether or not it warrants referral to the Crown Office and Procurator Fiscal Service. The current priority raptors for data sharing would be Golden Eagle, Hen Harrier, Red Kite, Peregrine, White-tailed Eagle and Goshawk.

Muirburn

8. That muirburn should be subject to increased legal regulation. This should apply to all muirburn, not only on grouse moors.

That the Scottish Government should increase regulatory control relating to the Muirburn Code;

That SNH and Rural Payments and Inspections Directorate (RPID) should be given power and resources to monitor adherence to the Muirburn Code by any land manager^[5] carrying out muirburn, whether or not they are in receipt of muirburn-related support payments;

That increased training should be required for any land manager directly involved in setting and managing fires;

That the Muirburn Code should be subject to regular updates to represent best available knowledge and consideration of predicted changes in climate that might require additional changes to parts of the Code. That this process be subject to expert peer-review;

That a fire danger rating system for Scotland should be introduced to better support decision-making about where and when to burn;

That the Scottish Government explore changes to the current RPID support payments that would discourage malpractice more effectively than the current very limited breach and penalty powers;

That the Muirburn Code published in 2017 should be updated to include the Supplement to the Code: A guide to Best Practice.

Mountain hares

9. That the shooting of Mountain Hares should be subject to increased legal regulation.

That, where the shooting of Mountain Hares is to be undertaken, land managers should be required to report annually to SNH the number of Mountain Hares present (using a standard counting method) and numbers shot on an area of land;

That shooting of Mountain Hares should only be undertaken at the times licensed and in compliance with a Code of Practice on the management of Mountain Hares;

That, to address concerns about the reliability of Mountain Hare numbers, SNH should generate a more robust evidence-base on the distribution, numbers and management influences on Mountain Hares to better inform management as well as Article 17 reporting to the Scottish Government and the EU;

That adaptive management research should be used to determine relationships between local populations and numbers killed, to help inform and improve management recommendations over time to promote favourable conservation status for Mountain Hares in Scotland.

Medicated grit

10. That the use of medicated grit should be subject to increased regulation.

That all land managers using medicated grit to reduce the worm burden in Red Grouse populations should adhere to the Code of Practice on the use of medicated grit;

That SNH, following consultation with other appropriate bodies, should publish a Code of Practice on the use of medicated grit;

That SNH should have powers to check compliance with the Code on the use of medicated grit;

That if, after five years or less, following introduction of the Code, non-compliance is widespread, the option of introducing increased legal control should be considered.

Regulation

11. That in accordance with the remit to “ensure that grouse moor management continues to contribute to the rural economy” we do not recommend that grouse shooting be banned.

12. That, in light of announced consultations, the following recommendations of the Wildlife Crime Penalties Review Group (Poustie Review) should be enacted:

Levels of fines and custodial sentences

That maximum penalties available on summary conviction at least for the more serious offences, are raised to at least a £40,000 fine and up to 12 months imprisonment.

That conviction on indictment is more commonly made available across the range of wildlife offences with a maximum term of imprisonment of up to 5 years. This would not necessarily require a stand-alone Act but could be achieved as part of the next Criminal Justice or Criminal Proceedings Act.

Alternative penalties

That forfeiture provisions are extended and these and other alternative penalties are made consistent across the range of wildlife legislation as appropriate.

That where a firearm or shotgun is involved in the commission of a wildlife crime, the court should have the power to cancel the relevant certificate, as is already the case in the Deer (Scotland) Act 1996.

That consideration should be given to amending firearms legislation which is reserved to the UK Parliament to allow the Chief Constable to withdraw a shotgun certificate where such a weapon has been involved in the commission of a wildlife crime not just on grounds of public safety but also on the grounds of a threat to the safety of wildlife.

Sentencing Guidelines

That with the establishment of the Scottish Sentencing Council in October 2015, sentencing guidelines are developed for wildlife offences in order to enhance the consistency and transparency of sentencing.

13. That a wider range of moorland management activities should become eligible for RPID support.

14. That land managers should undertake training on relevant land management activities (muirburn, use of medicated grit, managing Mountain Hares, corvid control and setting of traps) and refresher courses when required, to ensure compliance with relevant Codes of Practice.

15. That an accreditation scheme on grouse moor management should be developed following widespread consultation across the grouse shooting sector.

16. Given the fragmented nature of current wildlife legislation, we recommend consolidation of this area of law (as recommended by Poustie).

Recommendations on land management practices

17. That muirburn should be unlawful unless carried out under a licence.

18. That SNH embark on achieving a count of Mountain Hare numbers across Scotland, not just on grouse moors nor just where they are being shot.

19. That a Code of Practice on the management of Mountain Hares, including legally enforceable reporting requirements, should be developed.

20. That should the conservation status of Mountain Hares prove to be ‘unfavourable’ then a licensing system for the shooting of Mountain Hares should be introduced.

21. That Food Standards Scotland should undertake work to identify the levels of flubendazole residues in grouse in the food chain that are judged inimical to human health and establish appropriate monitoring.

22. That there should be wider CPD training for veterinary surgeons on the use of medicated grit.

23. That SEPA should initiate a desk-based study to determine the appropriate nature and extent of a monitoring programme to ascertain whether flubendazole residues exist in water bodies on or downstream from where it is being used, including in association with grouse moors, to conduct such a monitoring programme and to report on its findings.

24. That future monitoring of Cryptosporidium in connection with use of medicated grit should be undertaken should the associated risk prove necessary.

25. That new legislation should be introduced to make it a legal requirement that it becomes an offence to set or operate a trap without an operator having successfully completed a course run by an approved and accredited body and dealing with the relevant category of trap (cage and/or spring). A trap operator who has successfully completed a relevant trap training course should apply to their local police station for a unique identification number which must be attached to all traps that are set.

26. That any operator dealing with the relevant category of trap (cage and/or spring) should undergo refresher training at least once every ten years.

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