Chamber and committees

Amy Wallace submission of 22 November 2021

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

I write as an active falconer living in Scotland, and in my capacity as Chair on behalf of the Scottish members of the Female Falconers Club.

In response to both NatureScot and the Scottish Parliament’s responses to the petition I would like to raise the following concerns.

When a falconer releases their bird of prey from their fist they have no ability to explain which animals are legal quarry species. Although a falconer may work diligently to flush only legal prey such as a rabbit or brown hare, there is still a chance they may accidently flush a mountain hare in the process due to the unique habitat that these animals share.

To an eagle 2000ft on the soar, or even a hawk sat up in the top of a tall pine on the edge of forestry block, a mountain hare that has been accidently flushed while legal falconry takes place means the falconer risks prosecution for their unintended actions. The bird of prey will not differentiate between species, especially those birds of prey who have previously hunted mountain hare as a legal quarry.

Even if the falconer were to simply exercise their bird by allowing them to fly and soar as they please without actively flushing any quarry below them, what would stop the bird (with eyesight many times better than our own) from seeing a mountain hare move of its own choosing below and taking the decision to hunt. How would prosecution be practical or enforceable in these circumstances?

Birds of prey are highly intelligent, opportunistic predators. Many of these falconry birds have hunted in this particular mountainous terrain, at mountain hare, for a long time. This is because it is a suitable, safe and natural, environment for our falconry birds to fly in.

How do you explain to a 10 or 20 year old eagle that it can no longer act in the only way it has known all of its life? I raise massive welfare concerns for the future of these raptors. Will they be confined to aviaries for the rest of their lives while falconers fear prosecution, simply for trying to fulfil the five freedoms by doing what they know to be best for their birds? There is no option to fly in more urban environments, as the lack of important natural geographical features, proximity to roads, vehicles, and powerlines present many deadly dangers to our falconry birds.

Falconers are now left facing prosecution for trying to put the welfare of their birds first, or face the terrible decision to restrict the natural flying opportunities that these intelligent raptors require. This is a bleak situation that Scottish falconers have to now consider.