Our main obstacle is the law concerning the protection of raptors. According to the RSPB and SNH raptors at the moment cannot be controlled no matter how much damage they are doing to private stock. However there is a derogation in the law allowing the control of raptors should the need arise. This allows raptors to be controlled providing it is proved that controlling them is:

  1. in the interests of public health and safety

  2. in the interests of air safety

  3. to prevent serious damage to crops, livestock, forests, fisheries and water

  4. for the protection of fauna and flora

  5. for the purpose of research and teaching, of repopulation, of reintroduction and for the breeding necessary for these purposes.

Under this law nos. 3 and 4 if implemented could allow protection of stock.

Birds are protected both under UK law (Wildlife and Countryside Act 1981) and European law (Wild Birds Directive 1979). The 1981 Act was intended to implement the 1979 Directive and, as UK law is subject to the 1979 Directive. Article 2 of the 1979 Directive requires Member States to take requisite measures to maintain the population of bird species at a level that corresponds to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements or to adapt the population of these species to that level.

The Act sets out at length the circumstances under which its terms would not apply provided that any action taken against wild birds was within the terms of a licence granted in accordance with the provisions of the Act. At present it is also permissible under the terms of the 1981 Act for a protected bird, other than one listed in Schedule 1 to the Act, to be killed without a licence if it can be shown that the action was necessary for the purpose of preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timbers or fisheries.

Our second obstacle to raptor control is the RSPB and SNH. SNH is advised by the RSPB who, because of their financial interest in birds, have always advised against bird controls. The RSPB have for years led their members to believe that all birds need protection.

We believe the RSPB fear any deviation from this line could lead to a drop in subscriptions. As the RSPB are now one of the largest landowners in the UK any drop in their finances could lead to major changes in their structure. We find it incredible that the RSPB are the main advisors to the government given this personal interest. We think that they cannot, under the circumstances, be seen as an impartial advisor, especially on predatory species of birds.

We are continuously told by SNH and RSPB that the general public would not tolerate a controlled cull of raptors. The SGA disagree with this statement. If the public were told the truth about predation and winged predator numbers we are sure they would see the need for some species of raptors and fish eating birds to be controlled in the interests of good countryside management.

In the past and present the RSPB and SNH have controlled predatory gulls and ravens to reduce predation on other species, although they do not publicise this fact. For SNH and RSPB to block any proposals put forward by keepers to protect their stock and maintain a balanced countryside is, to say the least, hypocritical.


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Protection of Wild Mammals (Scotland) - Bill
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