FARMERS and landowners have joined forces with Scottish ministers to fight a court attempt to curb the legal culling of wild beavers - fearing it might set a precedent to stop the killing of other animals.
Trees for Life, the Scots rewilding charity, is making a crowdfunded legal challenge to protect the endangered species.
Their judicial review argues that ministers and the nature agency are failing to make the killing of beavers as a "genuine last resort" when the species needs to be managed.
Now both the National Farmers Union and the landowners’ lobby group Scottish Land & Estates (SLE) have raised £100,000 to made official legal representations and join forces with Scottish ministers and their natural heritage agency NatureScot to fight beaver cull challenge.
READ MORE: Fears for future of Scotland's beavers after 87 culled
The NFU is arguing that if Trees for Life succeed it will set a precedent over future species management and could "limit options to avoid serious agricultural damage".
In a letter to members in which they request a contribution to their legal costs of £75,000, they say that other species such as sea eagles, badgers, geese and ravens are "increasingly problematic and we must have some form of managed balance in place".
The NFU say that there could also be implications for existing controls on foxes.
Highlands-based Trees for Life says NatureScot is breaking the law by issuing lethal control licenses without exploring all other options.
In 2019 a fifth of Scotland’s beaver population was culled as a result of licenses being granted.
Since May 2019, Scotland’s beavers have been a protected species and require approval from the nature agency to destroy their dams, lodges or the animals themselves.
Figures released by the nature agency confirmed that 87 beavers were culled under licence in Tayside in 2019. The population in the area was estimated at around 450 in 2018.
There are fears that this could be replicated.
Trees for Life says that NatureScot is failing in its duty to protect beavers and is breaking the law by issuing lethal control licenses without exploring all other options.
Scottish Wildlife Trust has said that that the level of culling was "unsustainable" and called for a new strategy for beavers, which includes the potential for strategic reintroductionsinto other areas of Scotland.
Both the NFU and the SLE have employed James Findlay QC who specialises in local government, planning, environment, administrative and licensing law.
It is understood SLE are expecting to incur £25,000 costs in the case.
In his letter to members, NFUS president Martin Kennedy said that as part of a beaver management framework, cabinet secretary for the environment Roseanna Cunningham had agreed that licenses must be available to protect high value land and crops.
"[While] NatureScot believe their case is sound, we anticipate that uninformed pressure could mount to limit these licences, a situation which would have significant repercussions, both economically and environmentally to our arable areas and also to our riparian woodland throughout Scotland.
"NFU Scotland and SLE have agreed that we must join together in support of NatureScot in this judicial review. We have enrolled a very experienced lawyer and QC who will provide the hard evidence which we strongly believe is not understood by Trees for Life."
He warned: "Should this review be lost, whilst it would only directly affect our existing licence holders in the short term, the effects of the decision will spread and in the near future affect farmers and crofters in many areas of Scotland.
"A particular concern is this may set a precedent in terms of future species management and could limit options to avoid serious agricultural damage."
And he added: "Please do not feel under any obligation to contribute to this case, I am fully aware that you already pay an annual subscription on the basis taht we lobby for your interests. However, given the enormity of the unintended consequences of losing this case (and there is no guarantee), I feel it is only right that I put all our members in the picture and offer you the opportunity to contribute if you so wish."
Alan McDonnell, conservation manager with Trees for Life rejected the claim that the judicial review would result preventing the management of beaver.
"Nor do we consider that this judicial review represents any threat to the effective management of wildlife where there is objective evidence that it is genuinely needed and provided that lethal control is always a last resort," he said.
"The farming community has a crucial role to play in solving both the climate emergency and nature crisis faced by us all. Many farmers understand this and want to be able to be part of the solution by receiving financial support to take positive action for nature as well as for providing food for our tables."
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