THE PROTECTION OF WILD BIRDS IN SCOTLAND.
WILD Birds' Protection Acts, unlike "muzzling orders," are rather popular than otherwise. But their successful working, like that of the "muzzling orders," is sadly hampered by the question of boundaries. Whether the
limits set to the protection of the birds are those of time, os of place, transgressors can generally plead successfully that though they knew the general provisions of the Acts, they were ignorant that the area in which the bird was killed, or the eggs taken, was blessed with an extended close time; or, if this fails, the plea of not knowing the whereabouts of the county boundary can often be urged. On the coast of Norfolk, for instance, the close time for terns and plovers, and other shore fowl, has just been extended from August 1st to September let. In Cambridgeshire this extension has not been made. So that a Cambridgeshire gunner would feel injured if he strayed across the boundary, and were then prosecuted under a new Order for killing fowl which he might legally shoot a quarter of a mile to the south. The Acts them. selves are difficult to enforce ; and with each fresh Order the objections raised are multiplied. Last year, for example, all shore-birds' eggs were protected along a strip of coast some five miles in length, and a watcher was employed by a local society to warn egg-robbers. There, one fine morning, appeared two soldiers, natives of the place, who had returned on furlough, and intended to revive the sentiments of home by a day's birdnesting. They refused to desist, and when summoned made a highly effective defence. "They, who had just returned from Matabeleland, and had killed several Matabele to speak to' (i.e., whom they could swear to have slain personally), were summoned for taking birds' eggs under a law made behind their backs when they were fighting for their country." Naturally, they were exonerated by the Bench, and looked upon as victims by their friends and relations, who were perfectly well aware how the law stood, but were delighted to encourage a damaging case.
General goodwill towards this kind of legislation cannot pre- vent difficulties of this kind in particular cases, so long as the protected areas have different close times and different lists of birds ; but in Scotland a step has been taken in the direction of abolishing, so far as possible, the sources of confusion. Whether the experiment will answer a few years' trial will show. But the scheme looks promising. The Secretary for Scotland has addressed a circular letter to the conveners of County Councils, suggesting an arrangement by which the counties of Scotland shall be divided into two groups, of fifteen in the Northern district and eighteen in the Southern district. In each group the species protected and the form of protection would be identical in each county of the group, or so nearly identical as the circumstances of the district allowed. In Ross-shire, for instance, there is now some objection raised to further preservation of the golden eagle, because these have become so numerous that they are no longer satisfied with mountain-hares, but have taken to killing lambs. But it is suggested that uniformity shall, so far as possible, be secured in each group, because "the larger the area is over which one uniform Order can be put in force, the less excuse there will be for any individual who has not made himself acquainted with it." The Act protecting all wild birds what- ever during the months from March to the end of August applies to the whole of the United Kingdom except the island of St. Kilda, where sea-fowl are the staple food of the people. But there are two other Acts, one enabling County Councils to obtain an Order from the Secretary of State for the protection of the eggs of birds, and a second for extending the close time for parti- cular birds. It is in respect to these Orders that the want of uniformity arises in Scotland. With the exception of an extension of close time in Shetland, all the special Orders are for the protection of eggs ; and in only three counties are the Orders so made identical. The Secretary for Scotland has therefore submitted a list of thirty-two/species which need special encouragement, both in the Northern and the Southern counties. To these are added a schedule of fifteen species which require protection in the North, either because that is the limit of their breeding ground, or because it is their main habitat, and a similar list of eleven other species in the South. The Orders to be applied for are supplementary to the Act preventing the killing of the birds during the breeding season. This means that their eggs are to be protected. But eighteen birds are to enjoy a complete or extended close time, as well as immunity from egg-robbers. The answers received from the local authorities have so far been very favourable to the proposals of Lord Balfour of Burleigh. This is largely due to the care with which the lists submitted
have been drawn up, in reference to the habits of the species named. Among the birds for whom special measures are asked in the North of Scotland are such species as the grey lag goose, the black-throated and red-throated divers, the golden and sea eagles, the osprey (in the whole kingdom), the kite, and the crested tit. This has reference partly to the sub-Arctic character of some of the birds which breed in the Highlands. At sea the divers or the grey geese can take good care of themselves. But some of these birds, instead of going to the Far North to nest, move up into the Scotch mountains, and there nest by the high lochs and tarns, just as they do on the fields of Norway, or further north in Lapland. The young divers or the goslings of the grey goose are hatched among the heather or on the rocky islands in these remote hills,and only move to the coast after they have grown their feathers in autumn. The crested tit is a Northern bird, living mainly in the pine forests. It has no enemies and does no harm, and therefore falls naturally into the schedule of fully protected species. But it is surprising, both as evidence of the decline of raptorial birds in Scotland and of the pro- gress of public opinion, that the hen-harrier is found in the list recommended for special protection, though not for exemption throughout the year. It has been killed off mainly by grouse preservers, being almost the most destructive of the Northern hawks. With the osprey, if the Scotch counties agree with the Scotch Secretary, the peregrine falcon, the buzzard, the chough, the kestrel, and all the owls will no longer have man among their enemies. The probable result will be that the peregrines and buzzards will increase greatly. At present, in spite of the protection given to them in the deer forests, both these birds are killed off remorselessly on the grouse moors, especially on those estates near the coast where the peregrine falcon prefers to nest. An account of how this is done, written largely from the keeper's point of view, will be found in the Messrs. Kearton's last book, "With Nature and e Camera." Their acquaintance, the keeper, goes out to shoot a peregrine on her nest with no more hesitation than an English keeper would exhibit if about to destroy a carrion crow. Buzzards suffer from trap, gun, and egg-stealing, as their nests are often made on the flat moors, and sre usually far less difficult to reach than those of the falcons. In the Southern district it is suggested that the raven shall be preserved. It is now a rare bird where formerly quite common ; but in the North it remains suffi- eiently numerous not to require encouragement. The case of the chough is less hopeful. Both in England and Scotland this bird seems to be gradually disappearing, partly from natural causes. Its haunts are the same as those of the jack- daw. But while the jackdaws increase in numbers, the -aboughs diminish steadily. This is partly caused by the demand for their skins and eggs, but they are less well equipped for the struggle of life than the jackdaws which build on the same cliffs and have much the same habits, and the stronger species seem destined to supersede them.
All the owls are included in the general amnesty, the tawny owl, which does kill game, being accorded the same privileges as the rest. The skylark is also among the favoured races, a position which it shares with the dipper and the common and Sandwich terns. The common tern is a plentiful bird on many parts of the Scotch coast. But its eggs vary so much in markings—perhaps more than those of any species—that they are often undistinguishable from those of the Sandwich tern, a scarce bird which it is desired to encourage. It is therefore suggested that both shall be protected. Most of the Orders now in force expire on December 31st, 1898. Those counties which approve of these proposals for uniformity have therefore the opportunity of making a fair start on the first day of the New Year, if they apply to be grouped with either division before that date. They would be well advised to do so, though mere protection of certain species will not necessarily ensure their increase. Other and aggressive birds, like the rook or the sparrow, may occupy the place of weaker races, consume their food, and destroy their eggs. The worst robbers of terns' eggs, for instance, are rooks and gulls. Other kinds may remain stationary, even when exempt from the trap and gun, as has been proved in the ease of the kestrel and woodpecker at Holkham. But protection is the first factor in the new order of things, and the balance of Nature can receive minor adjustments later.
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