Wildfowling in Scotland – the law and best practice Colin Shedden and Donald Muir, BASC Scotland Working to protect and promote sporting shooting since 1908
Wildfowling – a solitary sport Working to protect and promote sporting shooting since 1908
• 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”. Working to protect and promote sporting shooting since 1908
Scottish Solway Working to protect and promote sporting shooting since 1908
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. Working to protect and promote sporting shooting since 1908
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. Working to protect and promote sporting shooting since 1908
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. Working to protect and promote sporting shooting since 1908
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. Working to protect and promote sporting shooting since 1908
Montrose Basin LNR Working to protect and promote sporting shooting since 1908
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. Working to protect and promote sporting shooting since 1908
Armed trespass Working to protect and promote sporting shooting since 1908
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. Working to protect and promote sporting shooting since 1908
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.” Working to protect and promote sporting shooting since 1908
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. Working to protect and promote sporting shooting since 1908
Restrictions like are now invalid Working to protect and promote sporting shooting since 1908
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. Working to protect and promote sporting shooting since 1908
Working to protect and promote sporting shooting since 1908
Restrictions • The use of lead ammunition on the Scottish foreshore has been prohibited since 2004. • 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”. Working to protect and promote sporting shooting since 1908
Punt gun Working to protect and promote sporting shooting since 1908
Severe weather Working to protect and promote sporting shooting since 1908
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. Working to protect and promote sporting shooting since 1908
BASC Wildfowling Code of Practice Working to protect and promote sporting shooting since 1908
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. Working to protect and promote sporting shooting since 1908
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. Working to protect and promote sporting shooting since 1908 •
Could you mistake these for geese? Working to protect and promote sporting shooting since 1908
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”. Working to protect and promote sporting shooting since 1908
Discarding unwanted ducks or geese – rarely associated with wildfowling Working to protect and promote sporting shooting since 1908
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. Working to protect and promote sporting shooting since 1908
Wildlife Habitat Trust Total acres Total value Total Money Total Lent/ purchased of land loaned granted for Granted by clubs purchased to clubs projects WHT 3,473 £3,250,436 £1,751,189 £5,254 £1,756,443 WHCT 826 £449,382 £190,382 £181,775 £372,157 Total 4,299 £3,699,818 £1,941,571 £187,029 £2,128,600 Working to protect and promote sporting shooting since 1908
WHT Duck Stamps Working to protect and promote sporting shooting since 1908
Geese in Scotland – a conservation success despite being legitimate quarry Working to protect and promote sporting shooting since 1908
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. Working to protect and promote sporting shooting since 1908
For 20 years wildfowlers on the Tay estuary have helped look after the expanding marsh harrier population Working to protect and promote sporting shooting since 1908
Working to protect and promote sporting shooting since 1908
Recommend
More recommend
