A farmer who accidentally ploughed over an active badger sett during breeding season has been fined £1,575.
Ecologists had been monitoring the site in a field near Tornagrain as part of a survey but it was destroyed following a decision by farm manager Duncan Hepburn.
Inverness Sheriff Court heard it could not be ruled out that a mother and her infant cubs were in the sett at the time it was ploughed.
Hepburn, 43, appeared before Sheriff Gary Aitken to admit a single charge under the Protection of Badgers Act.
Fiscal depute Sarah Noon, of the Wildlife and Environmental Crime Unit, told the court that in the spring of last year ecologists had been tasked with surveying the site.
The landowners had given permission for the survey, which was being conducted with a view to potential development nearby, but those farming the site had not been made aware.
The survey had noted a “well used and main sett” with eight entrances that was described as being “in clear view”.
Snuffle holes indicated badger activity
Badger “latrines” and “snuffle holes”, created by the animals foraging, indicated that the sett was active.
But when the ecologists visited the site on April 5 they noticed that the site had been completely ploughed with “no evidence of the sett or mound of spoil” remaining.
Ms Noon told the court: “It was badger breeding season and there was concern for the badgers within.”
She added that signs of digging at the site suggested there had been attempts to re-enter the sett – and by April 12 the sett was recorded as having been abandoned.
It was established that the farming contactor working the site was Mid Coul Farms.
Ms Noon told Sheriff Aitken: “The farm manager, Mr Hepburn stated that it was himself and a colleague that had ploughed the sett.
Farmer thought sett was ‘inactive’ due to flooding
“He stated that he thought it was inactive due to flooding and therefore ploughed it.”
She said historical checks of weather data found little rainfall at the time, and the court heard the ecologists had not noted any signs of excess water or flooding.
When interviewed under caution Hepburn stated that the sett was “flooded with water in the holes” and “explained that there were possible drainage issues in the field”.
Ms Noon told the court Dr Elspeth Stirling, the secretary of Scottish Badgers, an organisation that promotes the study, conservation and protection of badgers, confirmed that the country’s badger population is still recovering and there is extinction in some areas.
She detailed the importance of a main sett to a badger group, particularly around breeding and added: “It could not be ruled out that a nursing mother and her infant cubs were within the sett when it was destroyed.”
Solicitor Willie Young, for Hepburn, told the court his client had worked at the farm since 1999 and had been the farm manager for 12 years.
He said: “It is accepted that there was a badger sett on that particular field,” but told the court this was “not unusual” as there are around 250 badger setts on the farm.
Mr Young said a decision had been taken to plough the field following advice previously given by Nature Scotland that “if it was observed that the sett was not active work could be carried out”.
The defence agent explained that the farm features many areas with “exclusion zones” to protect setts, which are ploughed around.
“He had on that particular day taken the view that this particular sett was no longer active – he did so based on years of experience. He had not seen any of the telltale signs of activity.
“He had carried out an initial combing of the upper part of the sett that did nothing to suggest that the particular sett was active.”
Mr Young acknowledged that making a judgement would be difficult as “the badgers are essentially nocturnal and the sett is essentially underground”.
Mr Young also highlighted the missed opportunity of the survey results not having been shared with Mr Hepburn or his employer, saying: “It is unfortunate that their findings at the time were not conveyed to either him or his employer.”
‘Not a deliberate effort’
He said his client’s guilty plea was offered on the basis that his actions on that particular date were with “reckless disregard” adding: “This was not a deliberate effort to cause damage to the badger sett.
“A decision was taken on the day using the benefit of the experience he had.
“He now accepts that the decision taken by him was incorrect and the sett was indeed active and he should probably have demonstrated greater vigilance.”
The court heard the farm had since renewed their connection with Nature Scotland and were working with them to prevent difficulties in future.
Handing down a fine of £1,575, Sheriff Aitken told Hepburn, of Dalcross: “This was an unfortunate decision taken in ignorance of the exact position.
“You should have made sure of that before the work was undertaken.
“From all I have heard I’m sure that a similar situation will not arise in the future.”