Mountain hare licensing - Guidance for applicants
Key points
From 1st March 2021 mountain hare became fully protected in Scotland all year. This means that anyone who intentionally or recklessly kills, injures or takes mountain hare without a licence will be acting unlawfully. We have developed a licensing approach for mountain hare to reflect this change.
- New protection and licensing arrangements will apply from 1st August 2021.
- Licences can only be granted for specific purposes – this does not include the sport shooting of mountain hare.
- The evidence required to support licence applications varies according to the specific purposes.
- Licence applications will be considered on a case-by-case basis.
- Licences will be valid for one year (or two years in exceptional circumstances).
- There will be a presumption against control during the breeding season (1st March – 31st July). Only in situations of serious damage will limited control be licensed.
- We intend to review our approach and this guidance annually until at least 2024.
Introduction
Scottish Ministers have added mountain hare to Schedule 5 of the Wildlife & Countryside Act 1981 (as amended) (“the 1981 Act”) with effect from 1st March 2021. The change in protected status, from some protection in its breeding season to full protection all year round, follows concerns about local population declines and the conservation status of mountain hare.
NatureScot, as the relevant licensing authority has a responsibility to assess applications for actions that would otherwise be illegal and issue licences for specific purposes defined in the Act. Our licences include conditions covering for example, how and where mountain hare control can be carried out, returns data and habitat impact assessments. Licence holders are responsible for actions taken under their licences. In keeping with our responsibilities under the Scottish Regulators’ Strategic Code of Practice, we aim to ensure our licensing service is efficient, effective, proportionate and adaptable.
This document describes the licensing approach we will adopt for mountain hare following discussions with key stakeholders.
This guidance has been developed to provide clarity in process and will be reviewed and adapted in line with the Wildlife Management Shared Approach as our knowledge and understanding grows.
Legislative context
As a Schedule 5 animal, the mountain hare is protected all year, not just during the core of its breeding season (1st March – 31st July). Certain methods of taking or killing them are also prohibited because the species is listed on Schedule 3 to The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended).
As a Schedule 5 animal it is illegal to:
- Intentionally or recklessly kill[1], injure or take mountain hare
- Intentionally or recklessly damage, destroy or obstruct access to any structure or place which mountain hare uses for shelter or protection[2], or to disturb one when it is occupying a structure or place for that purpose
- Possess or control, sell, offer for sale or possess or transport for the purpose of sale any live or dead mountain hare or any derivative of one
- Knowingly cause or permit any of the above acts to be carried out
The law details some defences and exceptions to this protection including licensed action.
Licensing tests
In order to grant a licence we have to be satisfied that three ‘tests’ (conditions) are met and that the action is needed and would be effective in resolving a legitimate problem. Persons can apply for a licence for any of the purposes outlined in the 1981 Act. It is for the applicant to provide evidence to demonstrate the need and requirement for the action in line with the licensable purpose. We will then assess the evidence in an application on a case-by-case basis against the licensing tests. We will consider applications for actions during the breeding season in a similar way to those received during the former closed season.
These tests and the general levels of evidence required in order to pass them are summarised below, with particular notes on the lethal control of mountain hare.
Test 1 – Licence purpose
We can only issue licences for purposes (reasons) set out in the legislation. This means that there has to be a legitimate issue that needs addressing. There are a list of purposes in the legislation, those most relevant to mountain hare are outlined in Table 1 below. To help us consider if this test is passed we may rely on information we already have, information from the applicant and/or the information gathered from a site visit.
| Test 1 - Purpose in the 1981 Act | Application | Evidence requirement |
|---|---|---|
|
Preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, other form of property or fisheries. |
For managing mountain hares to prevent serious damage to young commercial and native trees planted as a nature-based solution to offset climate change. |
Application will be limited to specific sites where planted stock or regeneration is especially vulnerable.
The application must include a map outlining the area over which impacts are to be managed and control is sought. This purpose will not require an assessment of mountain hare population for the woodland area. |
|
Preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, other form of property or fisheries |
For managing mountain hares to prevent serious damage to agriculture. |
Applications will be limited to specific fields where vulnerable crops/vegetables are growing. (Note: it is unlikely that pasture will be eligible unless it is currently being re-seeded).
|
|
Conserving wild birds, wild animals or wild plants or introducing them to particular areas |
For conservation of wild birds, animals or plants & protection of vulnerable species outside Protected Areas, or the translocation of mountain hares. |
As for moorland conservation, conserving any other Protected Area’s habitat type & conserving arctic-alpine natural habitat below. For translocations, applications must provide a completed Scottish Code for Conservation Translocations proforma. |
|
Conserving any area of natural habitat |
For moorland conservation For conserving any other Protected Area’s habitat type For conserving arctic-alpine natural habita |
Licence applications must provide evidence of mountain hare impacts and damage to justify the need for control.
|
|
Conserving any area of natural habitat |
For conserving young native trees (including areas of natural regeneration which are unfenced or not part of a Forestry Grant Scheme (FGS); areas which are providing nature-based solutions to offset climate change). Note: Applications affecting FGS or which are grown for commercial benefit (e.g. tree nursery) should use the ‘Preventing serious damage’ purpose (see below). |
Where planted stock or regeneration is especially vulnerable:
The application must include a map outlining the area over which impacts are to be managed and control is sought. This purpose will not require an assessment of the mountain hare population for the woodland area. |
|
Preventing the spread of disease |
For managing mountain hares to prevent the spread of tick borne diseases. |
NatureScot will consider and assess any licence application on its merits but having reviewed the current body of knowledge, NatureScot believes that the evidence base on the role of mountain hare to prevent the spread of tick borne diseases is not sufficiently robust to allow licensing for this purpose. |
|
For mountain hare management that gives rise to or contribute towards the achievement of a significant social, economic or environmental benefit. |
Licence applications must set out and demonstrate the significant social or economic benefit which arises from the control of mountain hare. A herbivore management plan will outline the significant contribution that the proposed mountain hare control will make. For environmental benefit see requirements under preventing serious damage and conservation of natural habitats purposes above noting the need to demonstrate a significant level of benefit. |
Falconry is not a licensable purpose within the 1981 Act. Those wishing to use birds of prey to kill or take mountain hare must only do so under a licence issued for a licensable purpose and where the conditions of the licence permit it.
Test 2 – Alternative solutions to issuing a licence
Licences will only be granted when it can be evidenced that other possible actions which do not require a licence have either been tried on site or we are satisfied are not likely to resolve the situation. In considering whether test 2 is passed we will rely on information from the applicant, our own knowledge and experience of the issue and wider evidence we are aware of.
We accept that in some situations there will be no other satisfactory solution and that the purpose for which a licence has been issued cannot be addressed other than through lethal control.
Translocation proposals will require to be licensed. Such proposals would need to follow the Scottish Code for Conservation Translocations.
Test 3 – Conservation impact
We need to be confident that the cumulative impact of licensed actions have either a neutral or positive impact on the conservation status of mountain hare. The conservation status of mountain hare populations in Scotland is currently unfavourable-inadequate[1], mainly a as result of uncertainty around the population trend and some evidence of local declines. Until further monitoring clarifies the situation we will take a precautionary approach on the impact of lethal control on mountain hare populations.
Mountain hare densities vary across Scotland from year to year. Their ability to bounce back from lethal control varies according to the local habitat. Further, the cyclical nature of their populations means lethal control in a location one year may not be applicable the following year.
Some applications for lethal control require count data. Preferably, these data should be gathered using the night time spot-lamping technique (or dung counts) over the application area (see the Moorland Management Best Practice guidance (MMBP)). Multiple years of data would help ascertain where in the mountain hare cycle the population is and assist in licensing decisions. Details should be provided if another method is used. Note that to support similar licence applications in the future, counts should be undertaken according to the approach specified in the MMBP guidance.
Methods of killing or taking
The permitted method for killing is usually shooting during the day. Shooting at night using lamps may be licensed where appropriate. We will not licence the snaring of mountain hare because current methods do not meet the tests required under legislation. Falconry is a permitted method but can only be carried out when linked to a legitimate purpose detailed in the 1981 Act.
Licences for possession, sale and transport for sale of mountain hare
Mountain hare carcasses can be consumed by individuals providing the hare was killed under a licence.
Mountain hare meat can be sold but only under licence. A general licence that allows the sale of legally killed mountain hare is available.
How we will licence
Anyone can submit a licence application at any time by completing this form (see link) and emailing it to [email protected] or by ringing the licensing helpline on 01463 725 364. An online licence application process will be developed for mountain hare in due course.
The licensing team will need details of the geographic area related to the licence application, together with evidence of the impact mountain hare are having there. Applications will require the submission of information as detailed in Table 1 above. In general, any licences we issue for lethal control will be valid for one year. The law only allows lethal control to be licensed for a maximum of two years.
NatureScot licensing team will assess each application and grant licences where we judge there is sufficient evidence of need and the licensing tests are passed. We recognise that the management of some mountain hare populations may require a collaborative approach and so we will consider applications which cover several management units. Given concerns over the conservation status of mountain hare we will take a proportionate but evidence based approach to licensing decisions.
All licences will include conditions, some standard and others case specific. Licence holders must submit a return detailing all licensed actions taken. Failure to do so will be considered a breach of licence condition and will therefore impact on future licence applications.
Compliance monitoring
We aim to deliver an efficient licensing service and to help those acting under a licence comply with its terms and conditions. Compliance monitoring can act as a deterrent and help uncover wildlife crime, ensure protection for mountain hare and help refine licences to foster better understanding and compliance. Therefore, we will monitor compliance with the terms and conditions of any mountain hare licences that we issue, looking particularly at returns data.
European sites (SACs and SPAs)
We take our responsibility to protect European sites seriously; the legislation governing these sites means we are required to take a precautionary approach.
We have considered the risk to European sites and their qualifying features from licensed mountain hare control. This activity may impact on the qualifying interests of some European sites. Additional, standard conditions may be attached to any licences we issue to protect these features. In rare cases it may be that we require more detail on where and how the mountain hare control is to be carried out in order to fully assess the licence application.
Contact
If you already have a licence number, include it in the subject line of your email, or have it to hand when you call.
