As 2024 draws to a close, the only topic that I thought I could sensibly finish on were the key changes introduced by the Wildlife Management and Muirburn (Scotland) Act 2024 and to reinforce three key issues arising from that Act.
• One now needs a licence to take and kill red grouse;
• One needs a licence to use most recognised wildlife traps; and
• One needs a licence for muirburn.
In addition, there are two codes of practice being introduced for grouse moor management and muirburn. The muirburn licence is not being introduced until next year.
This article is therefore focused on two major issues which will affect you on a day-to-day basis.
WILDLIFE TRAPPING LICENCE
The licence is designed to cover all spring traps approved for mammals and live cage traps for birds (including crow traps). The purpose is to widen out and tighten up what we were already working under with snares and crow traps under the General Licence.
Snares are now banned. The licence holder is the individual responsible for setting and deploying the trap. The licence holder needs to have undertaken an assured training course. That licence is likely to be introduced early in 2025 and I understand courses are already being delivered by the SGA.
The licence itself, according to NatureScot, will be a simple online process similar to the current process to register Larsen traps. There will be an online as well as a paper-based version. The key points are:
• You will not be able to operate a trap unless you have a licence.
• A breach of the licence may lead to the loss of the use of the licence.
GROUSE LICENCES
The licence applies to all landholdings used for killing or taking red grouse. The licence holder is generally the landowner or the person who formally holds the legal right to shoot. That could be, for example, a sporting tenant.
Any land where grouse is shot requires to have a licence. Anyone who shoots a red grouse on land where there is no licence risks prosecution as well as the potential loss of their shotgun certificate.
All licences applied for were granted. The process for application is relatively straightforward, although I anticipate it will become more complicated in future.
There is a code of practice which sets out the regulatory requirements associated with grouse moor management and provides best practice guidance. Compliance with the code is a condition of the licence.
Licence holders require to submit an annual return of the number of red grouse shot to NatureScot.
THE FUTURE
Although many people are understandably pessimistic about this, my own view is that we need to reinforce what the best version of grouse shooting and grouse moor management is, including our conservation work.
If NatureScot threaten to suspend or remove a licence, I will be available to assist with an appeal. Of course, any such appeal depends on the circumstances.
Contrary to some things which are said on social media, gamekeepers are decent, law-abiding people who work within the law. There have of course been exceptions, but this is the same in any industry.
Please be assured, as we enter 2025, of my continued commitment to you as gamekeepers.
I wish you and your families the very best over the festive period and for a prosperous 2025.
David McKie
Levy & McRae Solicitors LLP
dmckie@lemac.co.uk
07711 302100
