General Licence restriction on Raeshaw Estate: judicial review this week

The long-awaited judicial review of SNH’s decision to impose a General Licence restriction order on Raeshaw Estate finally gets properly underway this week.

SNH imposed the General Licence restriction on Raeshaw Estate (a grouse moor estate near Heriot in the Scottish Borders) in November 2015. The restriction was implemented due to alleged raptor persecution incidents reportedly taking place on the estate (according to evidence provided by Police Scotland), even though nobody has been charged with any criminal offence and the estate has denied any responsibility.

In April 2016 Raeshaw Estate petitioned for a judicial review of SNH’s action. Since then there have been a number of preliminary hearings but now the case has reached the final stage – a two day substantive hearing will take place tomorrow and Friday (Thurs 12 & Fri 13 Jan 2017) at the Court of Session.

We have no idea when the legal ruling will be made public; it could be a matter of days or it could be months.

This judicial review is an important test case with potentially far-reaching consequences. If the court decides that SNH acted fairly, then presumably SNH will get on with issuing other General Licence restrictions to other estates where Police Scotland has evidence of raptor persecution incidents having taken place since 1 January 2014. There are several of which we’re aware. Although it could be argued that if SNH continues to subsequently issue ‘individual’ licences to those penalised estates, the purpose and effectiveness of the original General Licence restriction order is lost (e.g. see here, here).

If the court decides that SNH acted unfairly in imposing a General Licence restriction, then either the process for implementing a General Licence restriction will have to be revised or the scheme scrapped altogether. If it’s scrapped, that’ll leave the Scottish Government in an interesting position. The Government often points to the use of General Licence restrictions as an indication of its commitment to addressing raptor persecution. If the ability to impose a General Licence restriction is removed by the outcome of the judicial review, what other sanction could the Government introduce? Shoot licencing is looming large on the horizon….

Withheld raptor crime data: some info for DCS Scott of Police Scotland

This morning the Scottish Parliament’s Environment, Climate Change & Land Reform (ECCLR) Committee heard evidence on the Scottish Government’s 2015 annual wildlife crime report.

The archived video can be viewed here.

The official transcript can be read here: ecclr-transcript-wildlife-crime-10-jan-2017

The session was dynamite and there are many things to discuss – we’ll be blogging a lot more about this in the coming days but we wanted to start with the issue of withheld raptor crime data.

As some of you may remember, we criticised the Government’s annual wildlife crime report when it was published in November, precisely because we knew that several confirmed raptor crimes had not been included in the data presented to the Government by Police Scotland (see here). At the time, we didn’t elaborate on which specific crimes had been withheld from the report but we argued that the withholding of data completely undermined the public’s confidence in the report’s findings.

We were delighted to see this issue raised at this morning’s evidence session by Mark Ruskell MSP (Scottish Greens), and with devastating aplomb.

In the video link above, the discussion starts at 1:06:31.

Mark asked the Police Scotland representatives (ACC Steve Johnson and DCS Sean Scott) why some raptor crimes that had been recorded by RSPB Scotland had been excluded from the Government’s report. DCS Scott looked blank, and then mumbled something about perhaps the crimes weren’t actually crimes at all so they wouldn’t have been recorded. Mark pressed on and gave DCS Scott specific details about the crimes in question and even showed him a photograph of one of the illegally set traps involved, to check that it was indeed an illegally-set trap and thus a confirmed crime. DCS Scott maintained he didn’t know about these specific crimes, even when Mark gave him more detailed information about the location. This went on for some time and it was excellent to see Mark’s persistence and his unwillingness to be fobbed off. Eventually, DCS Scott committed to finding out about these specific crimes and gave assurance that he would later write to the ECCLR Committee to explain why these data had been withheld from the Government’s report.

To help DCS Scott, here’s some background about these specific crimes:

If you look at Table 19 in the Scottish Government’s 2015 annual wildlife crime report, there is a list of raptor persecution crimes and the data are attributed to Police Scotland. Listed under Lothian & Borders, Police Scotland recorded the following incidents between April 2014-March 2015:

Peregrine shooting (Sept 2014)

Attempted trapping (species not identified) (Sept 2014)

Buzzard shooting (October 2014)

Tawny owl shooting (Dec 2014)

Now, compare the Police Scotland data with the data published in Table 4 in the RSPB’s annual report – ‘The Illegal Killing of Birds of Prey in Scotland, 1994-2014, A Review‘. In that report, listed under Scottish Borders, the RSPB has recorded the following additional confirmed crimes for the same time period, that were excluded from the Police Scotland data in the Government’s annual report:

Crow trap baited with 2 live pigeons, surrounded by 4 set spring traps, nr Heriot (May 2014) – there is even a photograph of this illegally-set trap on page 16)

and

4 x shot buzzards, nr Heriot (May 2014).

pigeon-in-trap-heriot-2014

rspb-table-4

It was later revealed during the second part of the ECCLR Committee evidence session this morning, in evidence given by Ian Thomson (Head of Investigations, RSPB Scotland) that the above offences were uncovered during a Police Scotland-led multi-agency raid on this estate ‘nr Heriot’, so it is somewhat surprising that DCS Scott claimed to have no knowledge about them.

In due course we look forward to reading DCS Scott’s written explanation about why these data were withheld from the Government’s 2015 annual wildlife crime report.

In the meantime, kudos and thanks to Mark Ruskell MSP, who was one of several MSPs who performed exceptionally well at this morning’s evidence session. More on that in later blogs…..

Scottish Environment Committee takes evidence on wildlife crime: Tuesday 10th January

As we blogged last week (here), this morning the Environment, Climate Change & Land Reform (ECCLR) Committee will take evidence on the Scottish Government’s 2015 annual wildlife crime report.

This should be a fascinating session as for the first time, rather than just hearing from Police Scotland and the Crown Office, the Committee will also take evidence from a number of other experts and stakeholders, including RSPB Scotland, Scottish Badgers, Scottish Gamekeepers’ Association and the Bat Conservation Trust. We consider this to be important progress that will help the Committee hold the statutory enforcement authorities to account and we very much welcome it.

As a warm-up to the main event you can read the fairly hard-hitting written evidence submitted to the ECCLR Committee by RSPB Scotland: rspb_written_evidence_ecclr-committee_jan2017

There are a number of extremely well-informed cross-party MSPs on this ECCLR Committee so we anticipate some strong questioning.

The session starts at 09.30hrs and can be watched live on Scottish Parliament TV here.

UPDATE 8pm: For those were unable to watch the live session, the archive video can be watched here. The official transcript can be read here: ecclr-transcript-wildlife-crime-10-jan-2017

ecclr-agenda-2

Hen Harrier ‘reintroduction’ to southern England: a bonkers proposal for Exmoor National Park

As part of DEFRA’s Hen Harrier Inaction Plan, we know that a ‘reintroduction’ of hen harriers is planned for southern England.

We know that a (flawed) feasibility study funded by Natural England had identified two main areas of interest: Wiltshire and Exmoor (see here). We’ll discuss Wiltshire in a separate blog. This blog is all about the proposed reintroduction of Hen Harriers to Exmoor National Park.

enpa

We’ve gleaned the following information from a series of FoIs:

At a Hen Harrier reintroduction project team meeting in July 2016, Adrian Jowitt (from Natural England) reported to the group that he had started conversations with Exmoor National Park Authority (ENPA), the Greater Exmoor Shoot Association (GESA), the National Farmers Union (NFU) and the National Trust (NT). Adrian told the project team that he had a further meeting planned in September but that so far ‘generally feedback has been positive although some concerns about what was in a project of this kind for the land managers, and worries over potential to have to change land management practices in the future should the birds become established. National Trust very positive at both a national and local level. It was agreed that we should invite NT to join this group‘.

The following month (10 August 2016) a ‘Hen Harrier’ meeting was held between Natural England, GESA, Exmoor National Park Authority and an unnamed consultant. What happened at this meeting is simply unbelievable.

Here are the notes from that meeting: brief-note-of-hen-harrier-meeting-aug-10_redacted

The meeting participants felt that ‘it would not be easy to reintroduce hen harriers‘ (although the rationale behind this view wasn’t given) ‘but not impossible‘.

According to the notes from this meeting, ‘the group’s main concern was around sufficient food supplies. Harriers had attempted to nest in recent years but not settled. Lack of food may have been an issue. GESA was keen to trial the reintroduction of red grouse to help secure a reliable food supply. This could have the added benefit of encouraging heathland management‘.

What a brilliant idea. Introduce some red grouse (on the pretence that reintroduced hen harriers will starve without them) and thus pave the way for the development of driven grouse shooting in Exmoor National Park. Yep, that’ll work a treat because everyone knows how well hen harriers do on driven grouse moors. It’s not like there’s ever been a conflict of interest between grouse moor managers and hen harriers. It’s not like grouse moor managers have ever killed so many hen harriers that the HH breeding population is on the point of extinction in England.

WTAF?!

Later on in this meeting, it was decided that rather than just focus solely on hen harriers, the project should be seen as ‘bringing moorland birds back to Exmoor – e.g. red (and potentially) black grouse, merlin, ring ouzel etc as well as hen harrier‘.

It was agreed that this idea would be discussed further at GESA’s annual meeting at the end of August. And it was. Here is the agenda for that GESA meeting: greater-exmoor-game-shoots-draft-agenda-aug-31_redacted

We don’t know exactly what was said at that GESA annual meeting at the end of August but we know a little bit. Adrian Jowitt reported back to the HH reintroduction project team in October 2016 and this is what was recorded in the meeting notes:

AJ and [redacted] attended a meeting with Exmoor National Park and GESA. A number of views were expressed, some very positive but one, from the shooting perspective, clearly against the idea of reintroduction. The fears raised were that a reintroduction would lead to increased scrutiny of their legal activities and if the project was unsuccessful the shoots would be blamed. They did not see Harriers as being a direct issue for the shoots‘.

Increased scrutiny of legal activities, eh? What a shocker. Although not a shocker when you start to look at some of the names involved with shoots on Exmoor….some of those names are quite familiar to us and have strong connections to certain grouse moors in northern England and Scotland. It’s no surprise that those individuals would not want increased scrutiny on Exmoor if their activities in the northern uplands are a measure of their attitude to the law.

So what next for the bonkers proposal for Exmoor National Park? Well, it looks like they’re still going for it. Here is some email correspondence from Sept 2016 between Adrian Jowitt and Sarah Bryan of Exmoor National Park Authority (she was Head of Conservation & Access at ENPA at the time these emails were written, but she’s recently been promoted to Chief Exec of ENPA): email-correspondence-sarah-bryan_adrian-jowitt-re-moorland-bird-project-exmoor

An FoI has been submitted to ENPA to find out more details about the planned ‘moorland bird project’.

Hen harrier ‘reintroduction’ to southern England: who’s funding it?

Yesterday we blogged (here) about the HH southern England ‘reintroduction’ project team and the proposed project timeline.

That project timeline, which was drafted in May 2016, made it clear that a funding bid was going to be made to the Heritage Lottery Fund (HLF). However, more recent documentation, released under FoI, suggests that an HLF bid may be trickier than the project team had first thought.

We know the project team was discussing a bid to the HLF right from the start. At a project team meeting in May 2016, Jeff Knott (RSPB) reported to the group that as far as the RSPB was concerned, there were no issues with the project team pursuing a separate LIFE bid for the southern reintroduction, but that extending the scope of the RSPB’s current HH LIFE project, or developing some other formal engagement between the two projects, was not possible.

In July 2016, Adrian Jowitt (Natural England) said that an HLF bid was the “preferred funding route”. However, by that time he’d also had discussions with Natural England’s external funding team to seek advice about the specific process and timescale needed for an HLF bid. He shared a document with the project team, summarising these discussions. That document can be downloaded here: natural-england-advice-on-hlf-application

This document provides the suggested timeline for an HLF bid, but what’s of more interest are the notes to the project team at the bottom of the document. Here’s what those notes say:

Because hen harriers are such a controversial subject HLF will be very wary of this bid. We will need to provide clear evidence that there is strong support from stakeholders for the project.”

AND

Our estimates of project cost [£500k] have so far focused on the ecological/practical elements. We need to consider the costs associated with the public engagement elements of the project – these may be quite considerable. Advice from the EF [external funding] team is that the total costs will be in excess of £2 million“.

Now, we know from the FoI material we’ve got, that there is mixed support for the project from various landowners / shoot managers in Wiltshire and Exmoor. It definitely can’t be described as being ‘strong support’ (more on that in another blog). Although, bear in mind that we are working from ‘old’ material – our FoI request covered documents from January 2016 to 28 November 2016. Things may well have moved on since then – we’ve submitted more FoI requests which may reveal that more landowners have since been talked around. We’ll see.

Anyway, back to the FoI material we do have – at a project team meeting in October 2016, the issue of funding was raised again. It would appear from what was discussed at that meeting that an HLF bid may no longer be the “preferred funding route”, perhaps because of the lack of support from certain landowners / shooters. Here’s what was said at that project team meeting in October:

A number of potential funding routes were discussed, including the possibility that some conservation trusts may be interested in funding this work. We agreed to postpone the decision on which funding route to pursue until the informal consultations were over and we had been able to fully gage the level of support‘.

As of November 2016, the likely success of an HLF bid looks decidedly ropey. We’ll see in due course if an HLF bid is still on the cards and if it is, many of us will be making contact with the HLF and asking the sort of questions that Mark Avery has suggested we ask (see his blog on this subject here).

Hen harrier ‘reintroduction’ to southern England: the project group & their timeline

Last week we blogged about the proposed ‘reintroduction’ of hen harriers to southern England (here), part of DEFRA’s Hen Harrier Inaction Plan.

In that blog we focused on the unpublished feasibility/scoping report that was being used to justify the project, and we highlighted various concerns about the scientific robustness of that report.

In this blog we’re discussing who’s in the project group and that group’s proposed timeline for project completion.

So, who’s in the project group? Through a series of FoIs, the following individuals/organisations have been identified:

Rob Cooke (Chair) from Natural England

Adrian Jowitt, Natural England

Ian Carter, Natural England (although Ian has since left NE and it looks like Richard Saunders has replaced him in this group)

Phillip Merricks, Hawk & Owl Trust

Jemima Parry-Jones, listed as both Hawk & Owl Trust and International Centre for Birds of Prey

Steve Redpath, Aberdeen University

Teresa Dent, GWCT

Jeff Knott, RSPB (although the RSPB withdrew support for DEFRA’s Inaction Plan in July 2016 so presumably Jeff is no longer involved with this group)

Christopher Price, Country Land & Business Assocation (CLA)

Alex Raeder, National Trust (was invited to join the group in September 2016)

In May 2016, the group produced a draft timeline for the reintroduction project. Here it is:

hh-southern-reintro-timeline

If you’re struggling to read the small font size, here is the draft timeline as a downloadable PDF: draft-hh-southern-reintro-timeline

As you can see, there’s a long way to go before any hen harriers might be released in southern England (first releases planned for 2020) and there are numerous hurdles for the project group to jump over before those releases can happen. The group has to identify suitable release sites, find some birds from donor countries, get local stakeholder support for this ‘reintroduction’, meet IUCN guidelines, and find some funding.

We’ll shortly be blogging about each of these topics, and some of what we’ve discovered through FoIs will blow your minds. Watch this space.

Notorious egg thief on the run

jeffrey-lendrumJeffrey Lendrum, a notorious international falcon egg thief, has gone on the run in Brazil and there are fears he may well turn up back in the UK this year to go after peregrine eggs.

In January 2016 Lendrum, 55, was sentenced to four and a half years in jail after being convicted of being in possession of rare falcon eggs at Sao Paulo airport, enroute from Chile to Dubai (see here). However, he had recently appealed his sentence and the Brazilian authorities released him on bail pending his appeal.

He has since disappeared.

Lendrum has a string of previous convictions for falcon egg smuggling, dating back as far as 1984 in Zimbabwe. In 2002 he was arrested in Canada for stealing peregrine and gyrfalcon eggs. In 2010 he was sentenced to 30 months imprisonment in the UK (reduced to 18 months on appeal) after being caught with 14 peregrine eggs at Birmingham Airport. He’d stolen them from nests in south Wales and was enroute to Dubai (see here).

If you’re involved with monitoring peregrine sites in the UK, keep an eye out for this face.

Ten bin bags of dead pheasants dumped under hedge in Norfolk

There’s an article on the Eastern Daily Press website today (here) about how ten black bin bags full of dead pheasants have been found dumped under a hedge on Persehall Manor Farm in Bunwell, Norfolk. The person who found them believes the birds had been shot.

Isn’t it wonderful that Natural England will now issue licences to kill buzzards (see here and here), in the name of ‘protecting’ pheasants, just so those pheasants can then be shot for fun and then dumped in bin bags to putrefy and rot. A great conservation story we can all be proud of.

It’s also worth repeating something we’ve mentioned before when another load of dumped pheasants had been found on a sporting estate in Scotland:

In a letter to the Daily Telegraph in November 2005 headed ‘Game birds for eating not dumping’, Tim Bonner of the Countryside Alliance said this:

Every bird shot in Britain goes into the food chain, whether into participants’ freezers, or through game dealers into an increasing number of supermarkets, butchers, pubs and restaurants“.

Update on the 3 shot buzzards in Somerset

Following on from today’s earlier blog about the three shot buzzards in Somerset (here), we’ve now been informed that one was shot in Somerset (Chedzoy) on New Year’s Day and died of its injuries and the other two were shot in separate incidents in Wales (locations unknown) and were transported to the RSPCA wildlife hospital in Somerset where they are undergoing treatment.

Thanks to the two blog readers who contacted us with updated info.

3 buzzards shot in separate incidents in Somerset

In the first few days of the New Year, three buzzards have been shot in separate incidents in Somerset.

Two are being treated at an RSPCA wildlife hospital but the third didn’t make it. Two men were seen shooting at this third buzzard near Chedzoy on New Year’s Day.

And this is an area where DEFRA/Natural England are planning to reintroduce hen harriers because persecution levels are considered low. Three shot birds in four days suggests otherwise.

UPDATE 17.30hrs here