Chamber and committees

Scottish Government submission of 2 June 2021

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

The Scottish Government recognises the social and cultural heritage associated with falconry.

During the course of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (‘the 2020 Act’) through Parliament, an amendment was submitted to add mountain hare to Schedule Five of the Wildlife and Countryside Act 1981 (‘the 1981 Act’). Following the passage of the 2020 Act, mountain hares (or blue hares) are now a protected species. The protection came into force on 1 March 2021 and means that, in line with other species listed under Schedule Five of the 1981 Act, mountain hares can no longer be taken for sporting or recreational purposes.

The mountain hare is a priority species for conservation action under the UK Biodiversity Action Plan, and is also on the Scottish Biodiversity List, which means that it is considered to be of ‘principal importance’ for biodiversity conservation in Scotland.

As the then Minister for Rural Affairs and the Natural Environment, Mairi Gougeon, explained during the Stage 3 debate of the 2020 Act, the Scottish Government understands and accepts that in a variety of circumstances it is essential to control hares and other species, for example to protect new trees, manage grazing impacts and mitigate the spread of disease.

However, the Scottish Government also recognised the fact that mountain hares are now classified as being in an ‘unfavourable-inadequate’ conservation status, and there was considerable concern amongst some stakeholders and members of the public over the number of hares killed each year. 

When considering the amendment the Scottish Government also took into account the report by the Grouse Moor Management Group (a.k.a. the Werritty report) which recommended that: 

• The shooting of mountain hares should be subject to increased legal regulation; and

• Should the conservation status of mountain hares prove to be 'unfavourable' then a licensing system for the shooting of mountain hares should be introduced.

After careful consideration of the evidence, the Scottish Government supported this amendment as it felt that it delivered an appropriate balance between the interests of those involved in legitimate land management and protecting an iconic Scottish species. 

While there is no longer an open season for mountain hares and the species can no longer be taken for sporting or recreational purposes, birds of prey can still be used to take mountain hares for other permitted purposes specified in Section 16 of the 1981 Act, for example to protect timber or agriculture, under a licence granted by NatureScot. This is in line with the licensing scheme that was operated during the close season for mountain hares, from 2011 to 2020. 

In addition, birds of prey can still be used to take other traditional quarry species including birds, rabbits and stoats for sporting and recreational purposes.

Other species listed under Schedule Five of the 1981 Act include adders, pine martens, and red squirrels. Any changes to the permitted reasons for taking a species listed under Schedule Five of the 1981 Act would require primary legislation. Thorough consideration would also need to be given not only to the consequences of such a change on the conservation status of mountain hares, but to the implications for all the other Schedule Five species that would be affected by such a change.