NatureScot reinstates use of General Licences on Raeshaw Estate during appeal process

On 10 February 2026, NatureScot imposed a three-year General Licence restriction on Raeshaw Estate in the Scottish Borders (and on neighbouring Watherston Wood, which is understood to be under separate management to Raeshaw), in relation to the shooting/killing of Golden Eagle ‘Merrick’ in October 2023.

Camera trap photo of golden eagle Merrick, from South Scotland Golden Eagle Project

Following the announcement, a representative of Raeshaw Estate, believed to be under the management of a company owned by ‘grouse moor guru’ Mark Osborne, claimed the restriction was “wholly unjustified” and said the estate intended to appeal the decision (see here).

According to NatureScot’s Framework for implementing General Licence restrictions,

Where a decision is made to impose a restriction, the Affected Parties will be entitled to appeal the decision within 14 days of the date of the decision. An appeal must be made in writing to the Head of Licensing and must set out the grounds upon which it is proposed that the appeal be allowed.

An appeal shall have the effect of suspending the restriction from the date the appeal is received by the Head of Licensing until the date of the Decision on Appeal’.

As the restriction notification has now been removed from NatureScot’s website, I assume that Raeshaw Estate has lodged a written appeal and did so within the 14 day time limit.

This means that Raeshaw Estate can, until further notice, go back to using General Licences 1, 2 & 3 to lawfully kill hundreds if not thousands of certain bird species (e.g. crows) on the estate without having to report its activities to anybody.

NatureScot’s Framework states that the Head of Licensing will seek to make a decision on the appeal within four weeks. Let’s hope it doesn’t drag on any longer than that.

It is also apparent that the representatives of Watherston Wood have also lodged an appeal, although as far as I’m aware, the killing of so-called ‘pest’ bird species doesn’t take place in the wood anyway so perhaps the appeal has been made as a matter of principle rather than an attempt to reinstate the use of General Licences 1, 2 and 3.

Screen grab from Who Owns Scotland website, annotated by RPUK, showing the proximity of Merrick’s last known location and the Raeshaw Estate (shaded in blue)

General Licence restrictions, which are based on a civil burden of proof if there is insufficient evidence for a criminal prosecution, were introduced by then Environment Minister Paul Wheelhouse in 2014 as a way of tackling the continuing persecution of birds of prey on gamebird shooting estates across Scotland.

These restrictions don’t stop the sanctioned estates from shooting gamebirds, nor do they limit their gamebird management activities other than requiring the estate to complete a bit of paperwork, but they were specifically designed to act as a ‘reputational driver’. I think it’s fair to say that Wheelhouse’s intentions were good but ultimately have proved ineffective.

This is an unprecedented second General Licence restriction imposed on Raeshaw Estate.

Raeshaw Estate was one of the first estates to receive a General Licence restriction in 2015, based on ‘clear police evidence’ that wildlife crimes had been committed there although there was insufficient evidence to prosecute any individual (see here). Representatives of Raeshaw Estate applied for a judicial review of NatureScot’s decision but the Court of Session upheld NatureScot’s procedures and ruled them lawful (here).

Whilst under that first General Licence restriction, Raeshaw Estate applied for, and was granted, a number of ‘individual licences’ so the gamekeepers could continue to kill certain species as part of the estate’s grouse moor management plan (quite a lot of birds were lawfully killed – see here).

However, in 2017 the individual licence was revoked by NatureScot due to non-compliance issues and more suspected wildlife crime offences (see here).

I await NatureScot’s decision on Raeshaw Estate’s latest appeal with interest.