Wildfowling in Scotland the law and best practice

Transcription

1 Wildfowling in Scotland the law and best practice Colin Shedden and Donald Muir, BASC Scotland

2 Wildfowling a solitary sport

3 Wildfowling is the pursuit of ducks, geese and waders on the foreshore with a shot gun, and this also extends to punt guns. The foreshore is the area between the low water and high water marks of an ordinary spring tide.

4 Scottish Solway

5 Foreshore Foreshore in Scotland can be owned by the Crown, individuals or organisations, such as NGOs. However, no matter who owns it there is a public right to recreation on the foreshore and this right (majora regalia - royal prerogative) includes shooting.

6 Foreshore Scottish foreshore (with the exception of Orkney and Shetland) therefore represents the one area of free public shooting in the UK. Effectively, anyone with a valid Shot Gun Certificate could shoot on the Scottish foreshore.

7 Byelaws This right can be modified and the National Parks and Access to the Countryside Act 1949 and Local Government (Scotland) Act 1973 (amended by the Civic Government (Scotland) Act 1982) gives SNH the ability to introduce byelaws that affect wildfowling on NNRs and Local Authorities on LNRs. In Scotland SNH has introduced such byelaws on Caerlaverock NNR, and Local Authorities have also done so at Montrose Basin, Eden Estuary, John Muir Country Park, Aberlady Bay and Wigtown Bay.

8 Byelaws These byelaws effectively prevent wildfowling and then allow it under a permit system. These permit systems allow both local and visiting wildfowlers to shoot on these reserves under a range of restrictions covering time and location. Some are free and others carry a charge to cover administration (and wardening) costs.

9 Montrose Basin LNR

10 Permit systems BASC has supported these permit schemes they were brought in to regulate wildfowling (and other activities) on areas where wildfowling pressure was not sustainable, and the solitary nature of wildfowling was being eroded. Permits are also required to shoot on one part of the Solway and on Munlochy Bay. These permits are administered by local wildfowling clubs and the charge is really for car parking rather than access.

11 Armed trespass

12 Access to foreshore Prior to 2004, one restriction that wildfowlers faced was the offence of armed trespass. While shooting may be available on the foreshore access to the foreshore could only be achieved by utilising a public right of way. Crossing private land with a firearm (without permission) was not possible.

13 Scottish Outdoor Access Code Section 2.12 of the Code says that while access rights do not generally extend to the carrying of a firearm: except where the person is crossing land or water to immediately access land or water, or return from such, where shooting rights are granted, held or held in trust by any person authorised to exercise such rights.

14 Access Therefore individuals holding a Shot Gun Certificate may shoot on most of the Scottish foreshore and may access the foreshore even if they need to cross private land to do so.

15 Restrictions like are now invalid

16 Wildfowling is not unregulated The wildfowling season on the foreshore starts on the 1 st September and ends on 20 th February. Shooting of ducks and geese is prohibited on Sundays and Christmas Day 3 species of goose and 9 species of duck can be shot all others are protected. Waders golden plover, snipe and woodcock can also be shot.

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18 Restrictions The use of lead ammunition on the Scottish foreshore has been prohibited since The use of a semi-automatic shotgun holding more than three cartridges is prohibited. No firearms with a muzzle diameter greater than 1 ¾ can be used restricts some punt guns. Apart from on some reserves, shooting of wildfowl can be carried out at night under the moon.

19 Punt gun

20 Severe weather

21 Severe weather Other restrictions can be brought into play during periods of severe weather, such a prolonged cold weather. After 14 recorded days of severe weather wildfowling in Scotland or the UK can be suspended for 14 days, or longer.

22 BASC Wildfowling Code of Practice

23 Wildfowling Code of Practice Practical and legal advice for wildfowlers. Respect for quarry Do not disturb local residents near access points by making a noise or banging car doors when arriving in the morning or leaving at night. Do not shoot in the immediate vicinity of houses adjoining the shore.

24 Offences very few in reality Immediate pursuit in a motorised vehicle boats on the Tay Estuary Use of lead shot on foreshore one offence from the Solway (not a wildfowler) Shooting protected species swans, barnacle geese, bean geese, shelduck Shooting from above the high water mark of an ordinary spring tide behind the sea-wall, for example, at morning flight.

25 Could you mistake these for geese?

26 Offences Use of a five-shot shotgun. Breech of byelaws common examples. Shooting on a Sunday few cases reported from the Forth Estuary. Use of electronic calls now widely available. W&CA 1981 prohibits the use of recordings.

27 Discarding unwanted ducks or geese rarely associated with wildfowling

28 Conservation BASC s Wildlife Habitat Trust was established to allow loans to be given to wildfowling clubs, among others, to purchase land to secure long-term shooting opportunity and to allow conservation work to be carried out. So far over 2 million has been lent to clubs and over 4,000 acres of wildfowling land has been purchased.

29 Wildlife Habitat Trust Total acres purchased by clubs Total value of land purchased Total loaned to clubs Money granted for projects Total Lent/ Granted WHT 3,473 3,250,436 1,751,189 5,254 1,756,443 WHCT , , , ,157 Total 4,299 3,699,818 1,941, ,029 2,128,600

30 WHT Duck Stamps

31 Geese in Scotland a conservation success despite being legitimate quarry

32 Conservation Finally, wildfowlers do enjoy the biodiversity associated with the marine environment and work not only to ensure that wildfowling is undertaken in a sustainable manner, by policing themselves, but also assisting with other conservation initiatives.

33 For 20 years wildfowlers on the Tay estuary have helped look after the expanding marsh harrier population

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