Press release from NatureScot, 21st June 2022:
General Licence restricted on Highland estate
NatureScot has restricted the use of General Licences on Moy Estate for three years
The decision was made on the basis of evidence provided by Police Scotland of wildlife crime against birds.
This evidence included a poisoned red kite found on the estate in 2020, and incidents in relation to trapping offences.
[Red kite. Photographer unknown]
Donald Fraser, NatureScot’s Head of Wildlife Management, said: “We consider the information from Police Scotland provides robust evidence that wild birds have been killed or taken or there has been intention to do so illegally on this land.
“Because of this, and the risk of more wildlife crimes taking place, we have suspended the use of general licences on this property for three years until June 2025. They may still apply for individual licences, but these will be closely monitored.
“NatureScot is committed to using all the tools we have available to tackle wildlife crime. This measure will help to protect wild birds in the area, while still allowing necessary land management activities to take place, although under tighter supervision.
“We believe this is a proportionate response to protect wild birds in the area and prevent further wildlife crime. We will continue to work closely with Police Scotland and consider information they provide on cases which may warrant restricting general licences.”
General licences allow landowners or land managers to carry out control of common species of wild birds, such as crows and magpies, to protect crops or livestock, without the need to apply for an individual licence.
In addition to this restriction, there are currently three other restrictions in place on Invercauld Estate in the Cairngorms National Park, Lochan Estate in Perthshire and Leadhills Estate in South Lanarkshire.
The restriction notice reads as follows:
In line with NatureScot’s published General Licence restrictions: Framework for Implementing Restrictions we hereby give notice that a restriction has been applied to the land outlined in red overleaf. This restriction prohibits the use of General Licences 01, 02 and 03 on that land between 21st June 2022 and 21st June 2025.
Please note that this restriction does not imply responsibility for the commission of crimes on any individuals.
This one has been a long time coming. Moy is one of those estates where if its name comes up in conversation amongst raptor conservationists in Scotland, eyes tend to roll and knowing looks are exchanged. It has been identified as a raptor persecution hotspot for many, many years.
Here is a map we created way back in 2016 to highlight the extent of raptor persecution crimes in former Cabinet Secretary Fergus Ewing’s constituency (given his strong support of the Scottish Gamekeepers Association) and this shows the concentration of incidents on and close to Moy Estate:
Here is a selection of examples, but this is by no means an exhaustive list:
Moy Estate was raided by police in 2010 after the discovery of poisoned bait and dead raptors and illegally set traps. A gamekeeper was later convicted of possession of a red kite after its bloodied corpse was found in the back of his vehicle. It had two broken legs, consistent with being caught in spring traps, and a head injury. A bloodied shinty stick was also found in the back of the vehicle. Notably, the gamekeeper wasn’t convicted for killing the kite, just for having possession of it. Nobody was charged with killing this kite.
These baited traps were discovered on the moor (the illegally-set spring traps were originally disguised under moss, removed here for evidential purposes). No charges were brought.
The remains of two further red kites were discovered on the moor, including a severed red kite leg and some wing tags that had previously been fitted to a kite, all found buried in holes under some moss. No charges were brought.
A jar in one of the gamekeeper’s houses contained the leg rings of four young golden eagles – nobody could account for how they had ended up inside that jar. Perhaps he’d found them whilst ‘metal detecting at his uncle’s farm’ like gamekeeper Archie Watson, who recently gave this implausible explanation to the court for how he’d come to possess BTO leg rings from a buzzard and a red kite attached to his keyring.
This male hen harrier was found caught by its leg in an illegally-set spring trap on Moy Estate in 2010. No charges were brought. It survived after being rescued by raptor workers from the Scottish Raptor Study Group.
In May 2011 a satellite-tracked red kite ‘disappeared’ on Moy, and another one ‘disappeared’ in August 2011.
In 2016 Police Scotland issued an appeal for information following the discovery of disturbed and abandoned buzzard and goshawk nests in the Moy Forest. One goshawk and four buzzard nests were abandoned in suspicious circumstances, with some evidence of illegal disturbance. These nests were being monitored by staff from Forestry Enterprise Scotland (see here). No charges were brought.
In 2017 masked gunmen were caught on camera at a goshawk nest in Moy Forest. A few days later the nest and a clutch of four eggs was found abandoned (see here). No charges were brought.
In 2018 Police Scotland issued an appeal for information after a buzzard was found caught in an illegal pole trap in the Moy area (see here). No charges were brought.
In 2020 a poisoned red kite was found dead, containing traces of a banned pesticide, leading to a police appeal for information (here).
In 2021 an individual was charged with the alleged killing of a bird of prey in this area. This case is believed to be progressing through the courts so I can’t comment further at this stage.
Of course, a General Licence restriction doesn’t amount to much of a sanction in real terms, as I’ve discussed on this blog endless times before (e.g. see here). However, it’s currently the only tool available to the authorities until we finally see the introduction of the promised grouse moor licensing scheme by the Scottish Government. Had that scheme been in place already, we’d hopefully have seen the removal of Moy Estate’s licence to shoot for a number of years, if not permanently.
Meanwhile, what will be really interesting to see is whether the Moy Game Fair goes ahead this year, given that the shooting organisations have all claimed to have a ‘zero tolerance’ approach to raptor persecution. I don’t think the likes of Scottish Land & Estates, Fergus Ewing MSP and the Scottish Gamekeepers Association can expect anything other than high-level criticism if they attend this event on an estate that has now been sanctioned for wildlife crimes by the statutory nature conservation advisor, based on e
Evidence provided by Police Scotland. Mind you, the conviction of a gamekeeper on Moy Estate in 2011 didn’t stop them attending (see here and here).
UPDATE 14th July 2022: Scottish Gamekeepers Association plans award ceremony at disgraced Moy Estate (here)
UPDATE 6th August 2022: Fergus Ewing MSP & his shooting industry pals disregard sanctions imposed on Moy Estate for wildlife crime (here)
17 thoughts on “General Licence restriction imposed on Moy, a grouse-shooting estate, after discovery of poisoned red kite”
Well as you say Ruth the restriction of licences is the only tool at the moment.
There is such far winding condemnation of raptor persecution, it beggars belief as to why more isn’t being done. However, we know how powerful and influential are the land owners and the politicians who have a vested interest in the persecution and killing of Raptors.
Is there any hope of NS carrying out impromptu unannounced inspections?
According to Who Owns Scotland, the owner of the Moy Estate is one John MacKintosh of MacKintosh, Moy Hall, Tomatin, Inverness IV13 7YQ.
The ownership of Moy Estate (or more precisely, the owner of the shooting rights) was scrutinised by this blog 12 years ago:
More recently, I understand the ‘sporting’ activities on this estate are under the management of a certain ‘sporting agent’ who has featured many times on this blog.
The grouse sporting is/was sub let to a syndicate that around 2016 included one CEO of a well known asset management company named after a Scottish oil town and overseen by a well established land management company. All that separates the activity from the estate family. The tangled web that protects all these people from vicarious liability is phenomenal. The keepers are the willing pawns in all this, backed by huge amounts of cash and expensive lawyers. A police inspector I worked with likened this to a form of organised crime, backed by the political support of the local MP and MInister of the day.
According to their website, GWCT are seasoned stall holders at the Moy Gamefair – no doubt mingling with the keepers of the parish who will be busy ‘educating’ kids about their conservation work. Think stuffed foxes, plastic crows and the like.
It will be more academic this year, they will be demonstrating how its childs play to fill out an individual licence application so you can carry on killing…. call it an English lesson….
“We will improve Scotland’s system of land ownership”, use, rights and responsibilities, so that our land can contribute to a fair and just society while balancing public and private interests.
That is their usual tommyrot that amounts to:-
Carry on as you will, dear criminals. Nothing to fear from us.
The incident map of the Moy Estate area looks like it has been peppered by shotgun pellets ………. how appropriate.
Theres going to be a lot of shoots this year that may be cancelled due to not being able to buy poults, due to birds flu in France, ive heard of a few thats not shooting this next season.
I don’t know whether this estate is registered overseas but I fail to see why any estate that seeks to limit its tax responsibilities to this country should be entitled to any of the new or other types of land management scheme grants issued by the government. Money speaks!
A very good point.
I suspect the driving force behind much of the criminality witnessed on shooting estates is money.
Raptor persecution leads to more game bird numbers, more shoot days, bigger bag sizes and more revenue for the game shooting management companies and land owners. (the value of a grouse moor is often based around the shooting rights and the amount of game available to be shot.).
I would like to see the principals of POCA (Proceeds of Crime Act), applied to the crimes which occur on the shooting estates, so that those who benefit from from the crimes find that the revenue generated is confiscated- if there was a severe financial penalty to a land owner or game management company, I think we could be pretty sure no illegal activity would be tolerated or allowed to take place!
Eradicating raptor persecution is as much a criminal issue as it is a conservation issue- and we should be using every tool in the box to drive out the criminals; and that means going after the money!
If there was a list of estates to start trialling legal, safe on site protest during the grouse shooting season then Moy should come very, very close to the top of it, Leadhills would be another one. Even with General Licence restrictions I’m not confident that xxxxx xxxxx xxxxx xxxxx aren’t sniggering away at how they’re still getting off with it. Peaceful, but conspicuous demonstration on the ‘Glorious’ Twelfth would I think wipe the sneers from their faces. It wouldn’t take much to take the shine off their very expensive special day.
NatureScot say “They (Moy Estate) may still apply for individual licences, but these will be closely monitored.”
I don’t believe a meaningful word of that.