The Wildlife Management and Muirburn (Scotland) Act 2023 passed in Holyrood today by 85 votes to 30.
This brings to a close 7 years of review and deliberation, several consultations, scrutiny by 3
committees, 15 evidence sessions, 300+ amendments and 3 votes.
WATCH the statement by SGA Chairman Alex Hogg, MBE (remember to subscribe to our
YouTube channel) or READ the statement, below.
“We have deep fears for the future of red-listed species because of the snaring ban. The impacts of
this step must be robustly reviewed and challenged, if need be.
This Bill is the biggest change we’ve faced since devolution. We now go straight into new deer
legislation.
We take great heart from the words of MSPs and panelists who spoke the truth so strongly, during
Committee evidence, on what gamekeepers deliver for biodiversity and communities. It’s time to move
forward, mindful of that endorsement. We will not be broken.”
What are the key changes for gamekeepers?
Trap training will be required for each trap type a practitioner uses - and all operators will
require a trap licence
A personal ID of the licence holder will have to be placed on all traps set
Tampering, disarming or destroying a trap (by third parties) is now a specific criminal offence
Licences will be required to shoot grouse
These can last for up to 5 years before people need to re-apply
Should a licence be suspended or revoked by NatureScot, there is an ability for this to be appealed
at a Sheriff Court, if the licence holder believes the decision not to be correct
SSPCA can now provide evidence of wildlife crime to Police, if they find such evidence while
entering a property to attend to a live animal in distress (ie: using their existing powers - it
does not confer new entry powers)
Muirburn will require training and a licence
The Muirburn season has changed. It now runs from 15th September to 31st March. There remains an
ability to apply to NatureScot to burn outside this for specific purposes, such as wildfire mitigation
and restoring the natural environment
Muirburn licences for peatland and non-peatland are treated differently, with greater restrictions
placed on what can be done under licence, if the ground is classed as peatland
The definition of peatland is now ground with a layer of peat with a thickness of more than 40cm (it
was previously 50cm)
The Bill will be reviewed every 5 years. As part of that review, a report on the conservation status
of Eagle, Harrier, Peregrine and Merlin will be laid before Parliament. There is an ability for other
birds to be monitored and reported on, if required
Although this licence applies specifically to grouse, there is an ability for Scottish Parliament to
add other gamebirds to the licence in future. The Minister said this would only happen where the
Government has ‘robust evidence’ that raptor persecution is in association with other types of game
bird management
When does this take effect?
Although the Bill has now been passed for Royal Assent, provisions will not
come into force immediately.
The snaring ban is likelyto be the first aspect to come into force. Scottish
Government is undertaking the necessary diligence and will make a public announcement soon regarding
when the ban will take effect.
As yet, no Grouse Code (which is tied to the Grouse licence) has been agreed, the new Muirburn Code
(which is tied to the muirburn licence) has not been agreed either, neither has training. Similarly
Training has not yet been decided for traps or muirburn.
The SGA has senior Committee representatives directly involved in the development of all these
provisions which are tied to the operation of the Bill and will update members on progress, as soon as
we have news to share.
