In news that will come as no surprise whatsoever, a new study has revealed that toxic lead ammunition is still being used widely to shoot birds in coastal intertidal and riparian habitats across Scotland, even though its use was banned in these habitats 18 years ago.
The new study, which has just been published in the journal Conservation Evidence, analysed discarded shotgun cartridges at various wetland locations and found that approximately half appeared to contain lead shot, which hasn’t been permitted for use over Scottish wetlands since 2005.
The ban on using lead shotgun ammunition over wetlands was introduced to try and reduce the amount of lead poisoning in wetland birds and the subsequent poisoning of predators that might scavenge the shot birds, particularly certain raptor species (e.g. see here and here).
Here’s the summary of the study (full paper available at the foot of this blog):
Similar legislation (with slight variations) was introduced in England in 1999 after a voluntary ban on the use of lead shotgun ammunition over wetlands failed.
However, a number of studies since that new legislation was introduced (see here) have shown high levels of non-compliance with the law, for example 68% non-compliance in 2001-2002; 70% non-compliance with the law in 2008-2009 & 2009-2010; and 77-82% non-compliance with the law in 2013-2014.
Another study published in 2021 concluded that since the regulations were introduced in England in 1999, an estimated 13 million ducks have been shot illegally using lead shotgun ammunition, with an annual average of approximately 586,000 ducks, representing approximately 70% of the total ducks shot (see here).
Tellingly, this 2015 paper that included the findings of a questionnaire survey of shooters’ behaviour and attitudes revealed that one of the main reasons for non-compliance with the law was the shooters believed they “were not going to get caught” i.e. shooters knew that using lead ammunition would not involve penalties as the law is not enforced. This is a really common feature of wildlife crime in general, but particularly raptor persecution crimes, which I’ve written about before (e.g. here). It doesn’t matter how stiff the penalty is, if the offender thinks there’s little to no chance of being caught then it’s worth the risk of committing the crime.
The 13 million illegally shot ducks also provide an excellent example of why it’s idiotic to calculate the extent of a crime based on the number of convictions (as Professor Simon Denny tried to do in his recent ‘truly objective‘ claim that raptor persecution isn’t a widespread issue on grouse moors – see here). If we classify every one of those shot ducks as a separate crime, there has only ever been one successful prosecution out of a potential 13 million crimes (and that prosecution only happened because the offender shot a swan in front of witnesses, mistaking it for a goose whilst on a pheasant shoot in North Yorkshire). One conviction from 13 million crimes demonstrates quite clearly that a lack of prosecutions / convictions does not equate to a lack of crime!
It’s an important lesson for the Scottish Parliament as it considers the Wildlife Management and Muirburn (Scotland) Bill – if there is insufficient monitoring and enforcement accompanying the new legislation on grouse moor management practices, the offenders will continue to commit their crimes (i.e. killing birds of prey and lighting fires on deep peat) because they’ll know the chances of being caught are pretty slim.
The Westminster Government is currently considering a range of options for phasing out the use of lead ammunition (see here), after ignoring the overwhelming scientific evidence for years and instead choosing to support the shooting industry’s (then) refusal to get rid of toxic lead ammunition (e.g. see here and here).
Three years ago some (but not all) in the game-shooting industry realised the game was up and proclaimed a five-year voluntary phase-out of toxic lead ammunition (largely, I believe, because they didn’t want to have a ban enforced upon them). However, three years into that five-year phase out, things aren’t going too well (see here) and many UK supermarkets are still selling poisonous game meat to unsuspecting customers for both human consumption (here) and for pet food (here).
The HSE is due to report its recommendations about the use of toxic lead ammunition to Government by 6th November 2023. DEFRA Minister Richard Benyon told Green peer Natalie Bennett recently that the DEFRA Secretary of State ‘will be required to make a decision within three months of receipt of the opinions, with the consent of Welsh & Scottish Ministers‘ (see here).
Anything less than an immediate ban on the use of toxic lead ammunition for killing any species in any habitat (not just some species in some wetland habitats), will be challenged.
Here’s the full paper on the significant non-compliance of the law by shooters in Scotland, who are still using toxic lead shotgun ammunition to kill birds over wetlands, 18 years after it was banned. Well worth a read:
UPDATE 13th September 2023: Is DEFRA can-kicking the decision to phase out use of toxic lead ammunition by gamebird shooters? (here)



















