Freedom of Information Request - Osprey nest removed near Paxton
Date: 07 April 2025
Our ref: SIR179463/A5083466
Information Request – Osprey nest removed near Paxton
Your Request
'A number of Berwickshire wildlife watchers were delighted to see the arrival of a pair of Ospreys and their nest in a tree near the river Tweed and close to Paxton House. It seems that the nest has been removed during the winter. As a resident living a few miles from the site, it would seem that there has not been any storms or weather systems which would bring the nest down naturally. If that is the case, it was either removed after a licence was granted or removed illegally.
Can you please advise whether, as the appropriate authority, you have granted a licence to remove this nest, and if you have, which environmental organisation and local authorities were consulted during the licensing process. If a licence was not granted, has the matter been reported to the police and what action do you expect to be taken. I would be grateful if you could treat this request as a formal application under the Freedom of Information Act and associated environmental regulations.'
Our Response
We have discussed your request with our Licensing Team, and, having searched the information that they hold, we can confirm that we have not issued a licence to remove an Osprey nest in the vicinity of Paxton House. As we do not hold the information that you are seeking we must apply the following exemption 10(4)(a)(Information not held).
Our Licensing Team have advised that Osprey are a schedule 1 bird, which means that it is only an offence to destroy a nest if it is in use or is being built by the birds at the time that the nest was destroyed. It is not an offence to destroy old/unused osprey nests. If you or anyone else knows that the nest was in use or was being built when it was removed, then the advice is that you should contact Police Scotland on 101. NatureScot may be contacted by Police Scotland if they decide to carry out any investigations into the matter.
If you want to know more, protected species: birds might be helpful.
How We Handled Your Request
We believe you have asked for environmental information as defined in the Environmental Information (Scotland Regulations 2004 (‘the EIRs’), so we are dealing with your request under those regulations. To be able to use the EIRs, we must apply an exemption under section 39(2) of the Freedom of Information (Scotland) Act 2002 (‘FOISA’). The Scottish Information Commissioner’s guidance recommends that public authorities apply this exemption to environmental information and handle request under the EIRs.
If you would like to find out more about the access to information legislation, there is a guidance booklet available on the Scottish Information Commissioner’s website.
Review and Appeal
I hope this information meets your requirements, but if you are dissatisfied with how we have responded to your information request, please write to us within 40 working days explaining your concerns. You can contact us at Battleby, Redgorton, Perth, PH1 3EW or email us at [email protected]. We will carry out a review of our response and contact you with our findings within 20 working days.
If you are not satisfied following this, you can make an appeal to the Scottish Information Commissioner within 6 months. The Scottish Information Commissioner can be contacted at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Yours sincerely
FOI Officer,
NatureScot
