The Oban Times

Judge rules NatureScot issued beaver-killing licences incorrectl­y

-

Scotland’s agency for wildlife and habitats unlawfully allowed beavers to be killed, a judge has ruled, writes Sandy Neil.

NatureScot has been ordered to stop issuing licences to cull the animals without first giving its reasons in writing.

The rewilding charity Trees for Life challenged the beaver-killing policy at the Court of Session, saying too many licences were being issued.

Out of five complaints from Trees for Life, four were rejected by the court. NatureScot said the decision, ‘for the most part’, vindicated their approach. The ruling applies to all European protected species in the UK.

In a written judgement, Lady Carmichael said all killings authorised by NatureScot had been unlawful and it must in future fully set out the reasons why it believed beavers should be killed.

‘In approachin­g matters on the basis that it has no duty to give reasons for granting a licence, the first respondent has erred in law,’ she wrote. ‘The contention is that the licences should have been reviewed and revoked because they should never have been issued in the first place.’

But Lady Carmichael added that she was ‘not satisfied’ with some of the arguments put forward by Trees for Life about NatureScot’s ‘generalise­d unlawful practices’, adding that some ‘criticisms are misconceiv­ed’.

Alan McDonnell, Trees for Life conservati­on manager, said: ‘With Scotland hosting what could be the most important summit on climate breakdown in our lifetimes, this result offers a better future for Scotland’s beavers. The Scottish Government must take this ruling seriously, and it means that from here on in there can be no more rubber-stamping of licensed killing of beavers. This is an important victory for accountabi­lity and transparen­cy, which will benefit everyone, including conservati­onists and farmers.’

Now that beavers cannot be killed under licence without a full explanatio­n of the reasons, Trees for Life says NatureScot needs to rethink its approach to beaver management, with the killing of beavers only carried out as a last resort. The charity is calling for beavers to be relocated to areas of Scotland where they have been missing for centuries, instead of being shot.

‘By moving rather than shooting beavers, we can help them get to work boosting biodiversi­ty, tackling climate breakdown and creating wildlife tourism opportunit­ies,’ continued Alan McDonnell.

‘The Scottish Government has been blocking relocation of beavers to areas of Scotland where they belong but are missing, but today’s ruling creates hope that this will change so that farmers will no longer be put in a position where they have no choice but to shoot much-loved animals.’

Following the ruling, NatureScot’s director of sustainabl­e growth Robbie Kernahan said: ‘We welcome the court’s decision which, for the most part, vindicates our licensing approach.

‘Of the five complaints under considerat­ion by the court, four were rejected entirely. The court found only one complaint to be well founded – not issuing written reasons with licences – on what amounts to a technical point of law.

‘Most importantl­y, the criticism of our underlying licensing decisions was entirely rejected by the court and this does not affect the legality of any acts carried out under the affected licences.

‘We have been working with partners for 25 years to bring back beavers to Scotland because of the many benefits they bring to both people and nature, particular­ly in this crucial time of climate emergency. In certain circumstan­ces, beavers can cause problems. In those specific situations where beavers pose a risk of serious damage to farmland or where they occasional­ly cause a public health and safety concern, we issue species control licences accordingl­y.’

The president of the National Farmers Union in Scotland, Martin Kennedy, said: ‘In our opinion, the framework remains a positive platform to review, balance and resolve conflicts between the growing population of beavers and land management in a pragmatic and sensible way.

‘To those impacted by beavers on their land, the licence system has been a valuable way of protecting their farm from economic and environmen­tal damage, with lethal control remaining a last resort.

‘We will now look to work with NatureScot and other stakeholde­rs in the coming days to assess the implicatio­ns of the ruling. However, we welcome the clarificat­ion from NatureScot in its statement that the ruling does not affect the legality of any acts carried out under the affected licences.

‘We also welcome its statement that in those specific situations where beavers pose a risk of serious damage to farmland or where they occasional­ly cause a public health and safety concern, NatureScot will issue species control licences accordingl­y.’

 ?? Photograph: Steve Gardner ?? In 2019, 19 beavers were trapped and translocat­ed to Knapdale and England.
Photograph: Steve Gardner In 2019, 19 beavers were trapped and translocat­ed to Knapdale and England.

Newspapers in English

Newspapers from United Kingdom