Version 2 April 2015 1
\nLicensing Section
\nScottish Natural Heritage
\nGreat Glen House
\nLeachkin Road
\nInverness
\nIV3 8NW
\n01463 725364
\nLICENSING@snh.gov.uk
\nLicensing Arrangements for
\nShooting Birds to Prevent Serious
\nDamage to Fisheries
\nGUIDANCE NOTES FOR STOCKED FISHERIES
\nVersion 2 April 2015 2
\nPower to grant licences
\n1. Scottish Natural Heritage have authority under section 16(1)(k) of the Wildlife and Countryside Act 1981 to grant licences to permit the killing or taking of wild birds for the purpose of preventing serious damage to fisheries. If the killing complies with the terms of such a licence then the prohibition in section 1 of the Act will not apply. In Scotland Scottish Natural Heritage is the licensing Authority for licences to shoot birds which damage fisheries.
\nArrangements for the granting of licences
\n2. Scottish Natural Heritage have made the following arrangements for the granting of licences:
\n2.1 licences for the protection of stocked fisheries will normally only be granted to the owner or occupier;
\n2.2 licences will only be granted where alternative non-lethal methods of control have proved unsuccessful or impractical. Even where a licence has been granted, shooting should be undertaken in the first instance to scare rather than kill, where this is a feasible option;
\n2.3 for predation occurring, or likely to occur, in stocked fisheries, applications for licences will normally be considered to shoot cormorants (Phalacrocorax carbo), herons (Ardea cinerea), goosanders (Mergus merganser) and mergansers (Mergus serrator).
\n2.4 normally licences will only be issued for a specified period between 1 September and 30 April; and
\n2.5 Scottish Natural Heritage will consult advisors from Marine Scotland and the Scottish Agricultural Science Agency (SASA).
\nSerious Damage
\n3. Evidence of serious damage occurring, or likely to occur, must be provided before consideration will be given to granting a licence, i.e. you must complete the instructions given in 3.1 and 3.2 below. Please attach all information as copies of actual records, or compiled information, to the back of the application form if necessary.
\n3.1 Evidence of declining fish stocks will normally include the following:-
\n\uf0b7 type of fishery (commercial, private members, combination of commercial\/private);
\n\uf0b7 dates of opening;
\n\uf0b7 monthly catch figures (numbers and weights of fish taken) for all months when fishing occurs;
\n\uf0b7 numbers of bird-damaged fish caught per month;
\n\uf0b7 net and\/or gross income (please indicate which) from members fees and\/or tickets sales;
\n\uf0b7 details of any netting or equivalent activities that have attempted to estimate the numbers of fish in the loch\/ponds;
\n\uf0b7 estimated numbers of fish remaining in waters at the end of the fishing season, where a close season operates;
\n\uf0b7 estimated numbers and size of fish taken by birds per month;
\n\uf0b7 estimated income lost due to fish taken\/damaged by birds.
\nIn the case of stocked fisheries include:
\n\uf0b7 species\/variety of stocked fish;
\nVersion 2 April 2015 3
\n\uf0b7 numbers of fish stocked;
\n\uf0b7 size\/weight of stocked fish;
\n\uf0b7 purchase cost of stocked fish;
\n\uf0b7 dates of stocking;
\n\uf0b7 method of stocking, e.g. whether trickle or single stocking.
\nWhere wild fish form part or all of the catch include:
\n\uf0b7 an estimate of the total annual catch made up of fish from wild origin;
\n\uf0b7 details of any fish conservation measures.
\n3.2 Evidence of impact of birds on the fishery will include regular bird counts.
\n3.3 Bird counts on and in close proximity to the site should take place at least once a day if staff are present on the site on a daily basis. If the site is not manned daily, then counts should take place several times a week. Counts should take place immediately prior to any scaring activities (see section 4.). Counts must be undertaken during those months when you wish to shoot birds, and at the time of year that damage occurs.
\n3.4 You must complete the form in Annex A. If you are applying for a licence to shoot more than one species, please complete a separate sheet for each species. Use new sheets for each month.
\n3.5 The number of birds counted is the maximum number of birds that were counted on a single occasion during the day. Do not give the cumulative number of birds seen as a result of several counts in one day.
\nNon-lethal methods used to deter birds
\n4. Licences to shoot piscivorous birds are granted only where there is no other satisfactory solution. All applicants must detail the methods that have been used to deter birds from the site, including the lengths of time during which various methods were operating. Bird deterrence at these sites can be achieved by the use of bird scaring devices. A general list of bird scaring devices is included.
\n4.1 Officials from the Scottish Natural Heritage may visit the site of alleged damage during assessment of an application, in order to verify any information provided on the application form and to discuss, for example, any preventative measures currently employed or used in the past.
\nLicence conditions
\n5. Licences, if issued, will include a number of stipulations and conditions. These must be adhered to, and can vary from licence to licence. Scottish Natural Heritage has the power to revoke, without prior notice, any licences granted.
\nOffences
\n6. Under the Wildlife and Countryside Act 1981:
\n6.1 failure to comply with the terms of a licence may make the licensee liable to prosecution for an offence; and
\n6.2 applicants should also note that section 5 of the Act prohibits the use of certain methods of killing or taking wild birds: traps, snares, hocks, nets, bird lime and similar substances, electrical devices, poisonous and stupefying substances, bows and cross-
\nVersion 2 April 2015 4
\nbows, explosives other than fire-arm ammunition, shotguns with large diameter barrels, automatic and semi-automatic weapons capable of holding more than 2 rounds in the magazine, illuminating and sighting devices for night shooting, artificial lighting, mirror and other dazzling devices, gas and smoke chemicals, wetting agents, sound recordings, tethered or maimed live birds as decoy and mechanically propelled vehicles in immediate pursuit.
\nWhen to apply for a licence
\n7. Anytime from July onward, bearing in mind that all licence applications must be submitted at least 6 weeks prior to the requested start date of the licence. Failure to adhere to this may result in any decision to grant a licence being delayed.
\nHow to apply for a licence
\n8. Postal applications for a licence should be completed and sent to:
\nLicensing Section
\nScottish Natural Heritage
\nGreat Glen House
\nLeachkin Road
\nInverness
\nIV3 8NW
\nTel: 01463 725364
\nEmail: LICENSING@snh.gov.uk
\nAll applications should be accompanied by a map (of suitable scale), with the boundary of the fishery clearly marked on it.
\nFurther Information
\n9. Further information regarding licensing arrangements can be obtained from the above address.
\n10. SNH will hold your contact details on our Customer Database. All licence application
\nforms, licences issued and correspondence relating to licensing decisions will be stored in our electronic filing system. We will use this information to undertake licensing functions. To do this we may have to discuss applications with relevant third parties.
\nWe manage personal information in accordance with the Data Protection Act 1998. The Act gives individuals the right to know what data we hold on them, how we use it and to which third parties it is disclosed.
\nWhere appropriate we may use your information within SNH for other purposes for example: sending you our magazine, inviting you to an event or asking for your feedback.
\nVersion 2 April 2015 5
\nANNEX A: BIRD COUNT RECORDING FORM MONTH\/YEAR ..\u2026\u2026\u2026\u2026\/\u2026\u2026\u2026
\nName of applicant:
\nSite named on application form:
\nDate
\nTime of count
\nNumber of *\u2026\u2026\u2026\u2026\u2026\u2026.. counted
\nBird activity (F=fishing; L=loafing)
\nNotes, e.g. weather conditions at time of count
\n1
\n2
\n3
\n4
\n5
\n6
\n7
\n8
\n9
\n10
\n11
\n12
\n13
\n14
\n15
\n16
\n17
\n18
\n19
\n20
\n21
\n22
\n23
\n24
\n25
\n26
\n27
\n28
\n29
\n30
\n31<\/p>\n","protected":false},"excerpt":{"rendered":"
Version 2 April 2015 1 Licensing Section Scottish Natural Heritage Great Glen House Leachkin Road Inverness IV3 8NW 01463 725364 LICENSING@snh.gov.uk Licensing Arrangements for Shooting Birds to Prevent Serious Damage to Fisheries GUIDANCE NOTES FOR STOCKED FISHERIES Version 2 April 2015 2 Power to grant licences 1. Scottish Natural Heritage have authority under section 16(1)(k)<\/p>\n