wildfowling in scotland the law and best practice · and this right (majora regalia - royal...

Working to protect and promote sporting shooting since 1908

Wildfowling in Scotland – the law and

best practice

Colin Shedden and Donald Muir,

BASC Scotland


Wildfowling – a solitary sport


• 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”.


Scottish Solway


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.


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.


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.


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.


Montrose Basin LNR


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.


Armed trespass


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.


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.”


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.


Restrictions like are now invalid


Wildfowling is not unregulated

The wildfowling season on the foreshore starts

on the 1st September and ends on 20th

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.


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”.


Punt gun


Severe weather


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.


BASC Wildfowling Code of Practice


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.


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.

•


Could you mistake these for geese?


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”.


Discarding unwanted ducks or geese – rarely

associated with wildfowling


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.


Wildlife Habitat Trust

Total acres

purchased

by clubs

Total value

of land

purchased

Total

loaned

to clubs

Money

granted for

projects

Total Lent/

Granted

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


WHT Duck Stamps


Geese in Scotland – a conservation success

despite being legitimate quarry


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.


For 20 years wildfowlers on the Tay estuary have helped look

after the expanding marsh harrier population

wildfowling in scotland the law and best practice · and this right (majora regalia - royal...

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