Chamber and committees

Hazel Marshall submission of 29 September 2021

PE1859/G: Retain falconers rights to practice upland falconry in Scotland

I have been practising falconry for nearly 15 years (a small number in comparison to many) 10 years of which I have worked and flown my eagle. As the current law stands regarding the hunting of mountain hares I can no longer fly my eagle without risk of breaking the law. My eagle was confiscated by SSPCA from a previous owner in his early years due cruelty and not meeting the 5 freedoms of animal welfare. This bad experience took a huge amount of blood, sweat and tears to rectify in the eagle who quite frankly did not know how to be an eagle and was a liability. At the ripe old age of 22 years old he has now turned it around flies high and hunts in the mountains as though he is a wild eagle on the periods spent on the uplands. Now he is at risk of going back into a life that does not fulfill the 5 freedoms that he was previously confiscated from. Sitting beating himself up in an aviary for the next 20/25 years. There is no way I can explain to my eagle that mountain hares are off limit therefore if I fly him high in the mountains where he belongs he could hunt a mountain hare therefore breaking the law.

One thing I have learned through my falconry journey is that a falconer respects and drives conservation for their quarry. I believe the law has been passed on false or no information on mountain hare populations. Any upland falconry I have done over the years the population of mountain hares has been vast and with the number of hares taken in falconry (usually diseased, weak, old) insignificant but at the same time allows for strengthening the overall population. Remembering that when practising falconry, the quarry often outsmarts the eagle and does get away, even flight does not result in the catching of quarry.

I do not agree with Bill Kidd MSP who quoted "mountain hares as a species cannot support hunting in the form of falconry" where is the evidence to support such a statement? Personal opinion and a lack of understanding should not influence legislation. As far as I am aware at this moment in time there has been no counts of population of mountain hares so no data for Mr Kidd to draw his comment from. Bare in mind that during the hunting season a very limited amount of hares taken in falconry.

Falconers spend a large amount of money on these estates ground, cottages etc and make minimal impact on population. The landowners get money, the falconer can service their eagle and also contribute to the essential management and conservation of mountain hares and the habitat.

I fail to see where the Government drew the facts, figures and evidence from in order to support the amendment of the addition of the mountain hare (Lepus timidus) to schedule 5 of Wildlife & Countyside Act. While making this amendment making it very difficult for falconers to fulfill the 5 freedoms of animal welfare with the birds that they strive to fly as though they were wild.

All we ask is that an amendment to the Act allowing mountain hares to be taken ‘for the purpose of falconry’ or to allow licences to allow hares to be taken for ’the purpose of falconry’.