Chamber and committees

NatureScot submission of 7 October 2021

PE1859/M - Retain falconers rights to practice upland falconry in Scotland

Thank you for inviting us to provide some comments in relation to this petition.

From 1st March 2021 mountain hare became fully protected in Scotland all year. This means that anyone who intentionally or recklessly kills, injures or takes mountain hare without a licence will be acting unlawfully. NatureScot has developed a licensing approach for mountain hare to reflect this change, which means licences can be granted for specific purposes (such as the prevention of serious damage to establishing forestry); where there is no satisfactory alternative to control and where there will be no adverse impact on the mountain hare’s conservation status.

Where an application meets the licensing tests a falconer can use their birds as a method of take where the conditions of the licence permit this. Whilst we do recognise the social and cultural aspects of falconry, the legislation provides no specific licensable purpose for falconry. Flying species such as golden eagle in areas of open moorland or mountains where mountain hare are present risks the birds taking a protected species, and therefore committing an offence.

Where a licence has been issued for mountain hare control, for example to prevent serious damage to establishing woodland, a golden eagle which is a species of open mountain and moorland, could be used as a means of licensed control. The use of large species such golden eagle is likely to be limited due to the practical constraints of flying in this environment and risk of injury to birds from hunting amongst establishing woodland.