The Scottish Gamekeepers Association is drawing members' attention to legal changes which have come into effect in Scotland over the festive period.
These changes effect how people go about their daily work and are part of the Wildlife and Natural Environment (Scotland) Act 2011.
This second commencement order of the aforesaid act introduces a new offence of Vicarious Liability in relation to the persecution of wild birds.
This offence allows for the prosecution of those minority of landowners or managers who fail to take the appropriate steps to ensure their employees or contractors act within the law.
The criminal law provision makes shooting business land owners and managers responsible for certain crimes committed against wild birds on their land by their employees, contractors and agents.
In introducing Vicarious Liability, Environment Minister Stewart Stevenson
said:"The introduction of vicarious liability highlights the importance of landowners and managers who run shooting businesses taking a proactive role in ensuring that their employees and contractors are aware of the law and their responsibilities for wild birds on the ground they manage.
"Most such businesses already do act responsibly, but the small minority of managers and owners who don't will be at risk of prosecution if their employees are found to have broken the law in this area. It is very important we get this right, alongside the other elements of the Wildlife and Natural Environment Act, in order to safeguard some of our most spectacular wildlife."
There is also a new close season for Brown Hares and Mountain Hares which is intended to provide protection for Hares during the period when they are most likely to have dependent young.
During the close seasons, it will be an offence to intentionally or recklessly kill, take, or injure a Hare.
The new Brown Hare close season will come into effect on February 1st 2012 and will run from February 1st to September 30th.
The new Mountain Hare close season comes into force on March 1st 2012 and runs from March 1st to July 31st.
Changes to the Deer Act have been covered in a separate post on our News section.
There are also changes to snaring law which members should be aware of.
On January 1st, provisions for the setting and inspection of snares, record keeping and the compulsory training course which operators must successfully complete, came into force.
In future, all snares will have to be fitted with an ID tag and number but this is not expected to fully come into force until early 2013 as snaring operators must be allowed time to successfully complete the aforementioned training course.
Upon completion of the course, only then will police issue an ID number to be used on snares.
Members should note that the Scottish Gamekeepers Association will continue to maintain dialogue with the relevant bodies regarding all of the above provisions and their application. We will issue further updates, if and when appropriate.
Ends.