RETURN TO LIBRARY OF MARINE BIOLOGICAL LABORATORY WOODS HOLE, MASS. LOANED BY AMERICAN MUSEUM OF NATURAL HISTORY t The Annals OF Scottish Natural History A QUARTERLY MAGAZINE \V1TH WHICH IS INCORPORATED CIjc Naturalist EDITED BY ]. A. HARV IE-BROWN, F.R.S.E., F.Z.S. MEMBER OF THE BRITISH ORNITHOLOGISTS' UNION JAMES W. H. TRAIL, M.A., M.D., F.R.S., F.L.S. PROFESSOR OF BOTANY IN THE UNIVERSITY OF ABERDEEN AND WILLIAM EAGLE CLARKE, F.L.S., MEM. BRIT. ORN. UNION NATURAL HISTORY DEPARTMENT, Ml'SEUM OF SCIENCE AND ART, EDINBURGH IQOO EDINBURGH DAVID DOUGLAS, CASTLE STREET LONDON: R. H. PORTER, 7 PRINCES ST., CAVENDISH SQUARE The Annals of Scottish Natural History NO. 33] 1900 [JANUARY A FEW NOTES ON THE WORKING OF THE WILD BIRDS PROTECTION ACT (1894) By WILLIAM BERRY, B.A., LL.B. THE Wild Birds Protection Act of 1894 has now been in operation within one district of Fifeshire for three complete seasons. Even after such a short period as this, though great results cannot yet be looked for, some distinct effect and are to be seen and it be improvement already ; may interesting, ' such as they are, to have them recorded in the Annals.' The district referred to lies in the north-east of the ' ' and is as the Tentsmuir about a third county, known ; of it has been under the writer's pretty constant supervision since the autumn of I 890. For some time before that this moor, which is naturally very attractive to many species of wild birds, had not been sufficiently watched or protected, and in the absence of this had become a happy hunting- ground for egg-gatherers, who regularly searched it for eggs, and gathered every egg they could find. Most of the eggs were doubtless boiled for food if fairly fresh, or thrown away and destroyed if much incubated, though the egg-gatherers as a class are not fastidious but boxes were also very ; regularly despatched by rail to collectors and dealers in 33 B 2 ANNALS OF SCOTTISH NATURAL HISTORY London and elsewhere. Of course the results of such as these could not but be in practices injurious ; and, fact, they were too easily seen. The Common Terns seemed to be able to hold their own in spite of any amount of persecu- tion, and Sheldrakes were more numerous than was to have been expected, but all other species were distinctly scarce. There were a few Curlews and Golden Plovers struggling for existence, a certain number of Lapwings, and on the northern ' third ' five or six of Eiders but most of the perhaps pairs ; nests were plundered one by one, and of the Eiders in particular very few were ever able to hatch. Moreover, there was little that could then be done to remedy this state of matters, though whatever could be done was done but neither force nor are of use ; argument much where there is not legal support in reserve behind them. After a year or two of continual watching, some little improve- ment was indeed a certain of Eider perceptible ; percentage Ducks were now able to hatch out successfully, and the Terns increased in numbers but the was too perhaps ; improvement slight to permit of great hopes being entertained of anything like a satisfactory result being attainable. Such improvement as there was, was only secured at the cost of very much uphill work. Such was the state of matters in 1894, when at length an Act was passed which gave a little legal backing to those were interested in the of wild birds who protection nesting ; and Tentsmuir, which is an isolated and sparsely inhabited tract lying within a highly populous district, seemed an exceptionally suitable spot in which to test its efficacy. To bring the Act into operation there, it was necessary to secure the assistance of the Council and there ensued a County ; lengthy correspondence with the County Authorities, firstly, to satisfy certain members of the Council that no valuable interest was in conflict with that of Wild Bird Protection, and thereafter, as to the form in which a Protecting Order should be drawn up, even such details as the Latinity of the scientific nomenclature to be adopted being fully discussed. However, in time all objectors were won over, the piloting of the matter through its various stages in the Council being kindly undertaken by Sir Ralph Anstruther, Bart, and an THE WORKING OF THE WILD BIRDS PROTECTION ACT 3 application to the Secretary for Scotland was in due time sent in. An Order was then issued, on the /th of January 1897, placing Tentsmuir under the operation of the Act for five years from the following month of March. The writer, who had the advantage of the suggestions and advice of the editors of this magazine, drew up a list of birds to be protected under the Act, which list was that eventually adopted. His desire was to see included under the prohibition the eggs of all birds which bred, or which were likely to breed, on the moor, excepting only those of birds noxious to or so common as to no but agriculture, require protection ; the eggs of one or two rather improbable breeders which happened to resemble those of more common birds were also included in the list, in order to obviate as far as possible the necessity for skilled evidence in the course of any legal proceedings which might have to be taken should any con- traventions of the Order be reported. On the whole these efforts were well rewarded for at ; the close of the succeeding breeding season there was quite a different story to tell. Formerly neither force, argument, nor were of much avail but to all persuasion ; now, who did go to the moor for the purpose of gathering eggs, the appear- ance of a watcher or gamekeeper was the signal of general flight. There were, however, comparatively few who attempted to defy the law. Even up to the present time only one serious case has been reported, namely, on 2oth June 1898, when two labourers from Tayport were found with eighty-one Terns' eggs in their possession. These men were charged at i before the Sheriff Cupar, and were fined : 43. each; but the other two or three trivial contraventions which have been discovered were all committed in ignorance, and in their case a verbal reminder of the existence of the Act was all that was called for. In 1898 the Secretary for Scotland proposed to all the County Councils in the country that the protection of wild birds and their nests and eggs should be undertaken, under their auspices, in something like a systematic and methodical manner and two short but lists ; sufficiently comprehensive of the birds which it was deemed advisable to favour with the protection afforded by the various Acts were at the same 4 ANNALS OF SCOTTISH NATURAL HISTORY time drawn up, one list being applicable to the North and the other to the South of Scotland. The disadvantages of having, perhaps, totally different groups of birds protected within adjacent counties having practically the same were and the physical configuration sufficiently conspicuous ; County Council of Fife, among others, adopted Lord Balfour's scheme, with the relative schedule of birds applicable to the southern half of Scotland. The adoption of this plan involved the repeal of the Tentsmuir Order of the previous year, with its much list of birds but the General very longer protected ; Order does all that is required, as well for Tentsmuir as for the rest of the as it be that our county ; though, may hoped breeding lists will be extended as the universal system of egg-gathering hitherto in vogue is gradually checked, it might be well to add to the lists from time to time any new birds whose claims to protection may emerge. Already, in fact, the addition of the Pintail to our list is emphatically called for the Arctic writer ; and Tern, which the would have liked to see included in the original list, might be added at the same time. But if the lists are thus subject to occasional revision, great things may be hoped from this well-considered scheme. The Act, however, when it has been adopted, must be properly supported and enforced, and not to become a dead letter in the district without permitted ; support and assistance from game preservers and land- owners generally, its power for good will be much restricted. ' On the northern ' third of Tentsmuir, where the Act has been thus backed up, there has been an undoubted im- provement. Several Eider Ducks' nests may now be found, without where one to before and of difficulty, was be found ; those found this year, all but two, which were destroyed by the heavy rainfall, were successfully hatched. Golden Plovers have been more numerous this summer than they have been for all left the soon after the years ; moreover, they moor middle of July, instead of lingering on into August as they would probably have done had even the earlier eggs been gathered. This year it was the early eggs that were hatched, and long before August both young and old had gone else- where. Ducks of two or three kinds nested in most unusual numbers, and among them was at least one pair of Shovellers THE WORKING OF THE WILD BIRDS PROTECTION ACT 5 a bird, so far as the writer's experience goes, quite new as a breeder on Tentsmuir. While the Act of 1894 has thus proved itself to be of much value and efficacy, there are one or two points where, in scope or in working, it may be extended and improved.