Statement from NatureScot, 17 July 2024:
GENERAL LICENCE RESTRICTED ON CAIRNGORMS ESTATE
NatureScot has restricted the use of general licences on Lochindorb Estate, near Grantown-on-Spey, for three years.
The decision was made on the basis of evidence provided by Police Scotland of wildlife crime against birds.
This evidence included a red kite found poisoned with an insecticide in 2021 near to a lapwing bait on land managed at the time by the estate [Ed: here], and a red kite shot on Lochindorb estate in 2023 [Ed: here].
Donald Fraser, NatureScot’s Head of Wildlife Management, said: “We have decided, in discussion with Police Scotland, to suspend the use of general licences on this property for three years until March 2027, given the persecution of red kites which has taken place on Lochindorb Estate and on neighbouring land managed by them at the time of the incident.
“NatureScot is committed to using all the tools we have available to tackle wildlife crime. This measure will help to protect wild birds in the area, while still allowing necessary land management activities to take place.
“We believe this is a proportionate response to protect wild birds in the area and prevent further wildlife crime. We will continue to work closely with Police Scotland and consider information they provide on cases which may warrant restricting general licences.
“The estate may still apply for individual licences; however, these will be subject to enhanced record-keeping and reporting requirements and will be closely monitored to ensure adherence with licence conditions.”
General licences allow landowners or land managers to carry out control of common species of wild birds, such as crows and magpies, to protect crops or livestock, without the need to apply for an individual licence.
In addition to this restriction, there are currently four other restrictions in place in Scotland: on Moy Estate in Highland, Invercauld Estate in the Cairngorms National Park, Lochan Estate in Perthshire and Millden Estate in Angus.
ENDS
Here is a map from NatureScot showing the area of Lochindorb Estate where the General Licence restriction applies. This restriction prohibits the use of General Licences 01, 02 and 03 on that land from 16th July 2024 up to and including 15th July 2027.
I presume then, that the 56 year old gamekeeper arrested last year as part of the investigation into the shooting of the red kite on Lochindorb Estate has not been charged. If he had, this General Licence restriction would have been delayed until court proceedings had finished.
It’ll also be interesting to see whether this General Licence restriction affects Lochindorb Estate’s ability to apply for a section 16AA grouse shooting licence under the new Wildlife Management & Muirburn Act 2024.
For new readers, this Act was introduced as the Scottish Government’s response to the continued widespread illegal killing of birds of prey on grouse moors. It will work on the basis that all red grouse shooting must now be licensed in Scotland under a section 16AA licence and if, on the civil burden of proof (i.e. the balance of probability) sufficient evidence is found that the licence has been breached (including evidence of illegal raptor persecution), the licence can be withdrawn as a sanction, preventing the shooting of red grouse on a particular estate for a given period.
My guess is that Lochindorb will still be able to apply for a section 16AA grouse shooting licence, even though the estate is now under a 3-year General Licence restriction, because these offences were committed before the new legislation was enacted, so it will be deemed ‘unfair’ to apply the legislation retrospectively.
That will also mean that the other four grouse-shooting estates currently serving a general Licence restriction after evidence of raptor persecution was uncovered on their land (Moy Estate in the Monadhliaths, Invercauld Estate in the Cairngorms National Park, Lochan Estate in Strathbraan and Millden Estate in the Angus Glens) will also be able to apply for a section 16AA licence to shoot red grouse this year.
Marvellous.
Raptor Persecution UK 
the details of the legislation regarding ground shooting is still under preparation? If so they should be worded to exclude licenses from any estate which already is under a restriction for general licenses. There is nothing previous about the fact that they are currently restricted.
No, the legislation was voted through in March 2024. It’d be very unusual for any law to be applied retrospectively, because a defence lawyer would argue it was unfair on their client because he/she couldn’t have known the consequences [of the new legislation] at the time the offences were committed.
In this case it’s even more complicated because even though a GL restriction is applied to an estate, it doesn’t infer responsibility of the crime on anyone.
really?
firearms licensing was changed to being powerful air rifles into a category which needs the user to hold a fire arms licence.
“Bob” who owned and has used such an airgun without restriction is refused a licence because of criminal convictions and his history of mental health from before the new law.
we are not talking about prosecuting someone under a new law because of their previous actions.
we could make eligibility for issue of the licence exclude any estate currently subject to a general licence restriction.
““Bob” who owned and has used such an airgun without restriction is refused a licence because of criminal convictions and his history of mental health from before the new law.”
If the above were true, it would be because the wording of the change in the firearms’ law was made retrospective (ie. every annual renewal would be subject to an unlimited history check) while the wording in the Wildlife Management and Muirburn Law was not?
I cannot say for certain what I have said is true without double-checking the exact wording of both Laws, but you could do that to find out. Otherwise, it would be an anomaly because, generally, what Ruth has written is correct.
On the approach to the grouse shooting season next month it’s interesting to note that 2 grouse shooting estates in Badenoch and Strathspey have recently hit the headlines in connection with raptor persecution, namely Lochindorb ( poisoned & shot red kites) and Pitmain (shotgun blasted goshawk nest).
Hopefully the estate will be under clise supervision. Anyone who has driven over the Lochindorb road will have seen lots of muirburn on deep peat along with burnt juniper regeneration…. flaunting the code. Their new muirburn licence will need to change things…
It is the word “can”, as in “the licence can be withdrawn” that causes me concern! “will” is the right word.