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Poisoned red kite found on Scottish grouse moor

Press release from Police Scotland (16th December 2020)

Appeal for information – poisoned bird of prey – Ruthven, Moy

Police Scotland has confirmed that a red kite found dead in the Ruthven area in October, had been poisoned with a banned pesticide.

[A poisoned red kite, photo by Marc Ruddock. NB: Not the poisoned red kite in this particular incident]

Further searches were carried out yesterday (15 December) with partner agency RSPB on hill ground near Meall a’ Bhreacraibh and Ruthven, Moy, in the northern Monadliath mountains.

No further poisoned raprtors or animals were identified.

Police Constable Daniel Sutherland, Highlands and Islands Wildlife crime Liaison officer, said:

“Traces of a banned pesticide have been detected in a Red kite found in the area. This incident is sadly another example of where a bird of prey has been killed through ingestion of an illegally held poison.

“I strongly urge anyone within the local and wider community to come forward with details on any information about this incident.”

Following consultation with the Scottish Government Rural Payments Directorate and the Science and Advice for Scottish Agriculture (SASA), Police Scotland requests members of the public and any dog walkers to be cautious when walking in the surrounding area and the immediate vicinity. 

Anybody who has information about this incident, banned pesticide possession or misuse, or other information relating to raptor persecution please contact Police Scotland on 101 or pass on information anonymously via Crimestoppers on 0800 555 111.

ENDS

This is a very good response from Police Scotland – a press release out the day after the police search and a clear warning to the public to be cautious in this area, especially if walking with dogs. The name of the banned poison isn’t given, probably for investigative purposes, but by telling the public it’s a banned poison we know it’s one of eight highly toxic pesticides (or perhaps a combination) listed on the Possession of Pesticides (Scotland) Order 2005, which are Aldicarb, Alphachloralose, Aluminium phosphide,  Bendiocarb, Carbofuran, Mevinphos, Sodium cyanide and Strychnine.

Now, about the location. According to Andy Wightman’s excellent Who Owns Scotland website, the area of land mentioned in the police press release is part of the Moy Estate in the northern Monadhliaths. Or at least it was when Andy compiled his data – it’s possible, of course, that there have since been boundary changes.

Regular blog readers will be familiar with the Moy area. Moy Estate was raided by police ten years ago 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 and a head injury. A bloodied shinty stick was also found in the back of the vehicle.

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. 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. A live hen harrier was found caught by its leg in an illegally-set spring trap. It survived after being rescued by raptor workers.

No further charges were brought against anyone for any of the offences uncovered at Moy.

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. No charges were brought.

For previous blogs on Moy see here.

I would imagine, after this latest discovery, that Ministers in the Scottish Government who recently decided to press on with the introduction of a licensing scheme for grouse shooting estates, despite cries of ‘It’s unnecessary regulation!‘ and ‘It’s all so unfair!‘ from the shooting industry, can today feel vindicated that their decision was the right one.

They now need to get on with it and get it implemented ASAP, because this latest victim is evidence that raptor persecution continues, despite all the denials routinely chuntered out by the so-called leaders in the game shooting industry.

UPDATE 17 December 2020: Poisoned red kite found dead on Scottish grouse moor – an interesting police investigation (here)

Man guilty of wildlife crime offences against red kites & a badger

Article from the South Wales Argus (13th December 2020)

Caerphilly man found guilty of hunting and killing badger

A MAN is facing a prison sentence after he was convicted after a trial of hunting and killing a badger.

Dewi James Price, 39, of Commercial Street, New Tredegar, Caerphilly, was also found guilty of offences against red kites.

He had denied the charges during a trial at Newport Magistrates’ Court.

Price was found guilty of killing a badger in the Builth Wells area of Powys on February 18, 2018.

The defendant was also convicted of taking a red kite in Gelligaer, Caerphilly, on May 19, 2019.

He was also found guilty of intentionally or recklessly disturbing a red kite while it was in, on or near a nest containing eggs or young and of intentionally or recklessly disturbing the dependent young of a red kite.

Price’s case sentence was adjourned and is due to take place at Newport Crown Court on December 23.

He was granted conditional bail.

ENDS

UPDATE 7 January 2021: Sentencing delay for man convicted of offences against badger and red kites (here)

UPDATE 13 February 2022: Badger killer and red kite chick thief avoids prison (here)

Post mortem reveals Welsh golden eagle had suffered gunshot injury

In August 2020 a walker found an adult golden eagle dead in a river in Powys, Wales.

The discovery prompted a great deal of media interest (e.g. here) as this eagle was believed to be the lone bird that had survived for approx 12 years in the wild in Wales, having escaped from captivity when she was three months old.

Just a few days before her corpse was found she’d featured in a BBC documentary presented by Iolo Williams, The Last Wilderness of Wales (available here on BBC iPlayer and well worth a watch for footage of this eagle doing her thing).

At the time of the news reports the cause of death was still to be established.

The Welsh Government organised for a post mortem where it was determined she’d died of systemic Aspergillosis. The PM report included the following description:

‘Asperillosis is the most comon fungal mycosis in birds. Aspergillus fumigatus is a ubiquitous opportunistic organism and factors impairing the birds’ immunity can predispose to disease. No underlying immunocompromising factors were detected on testing. There were extensive, chronic lesions throughout the carcase likely resulting in reduced feed intake, ill-thrift and dehydration and ultimately death‘.

That all looked straight forward and no cause for concern. However, an x-ray of the corpse had also revealed something much more sinister, as documented in the PM report as follows:

So, this golden eagle had been shot previously, although it’s not clear when and the pathologist thought this was unlikely to have contributed to the bird’s death.

Interestingly, the Welsh Government chose to suppress this information. Here is some internal correspondence, released under FoI, where the suppression is detailed:

In later correspondence also released under FoI, Welsh Government officials said this wasn’t deliberate suppression but just standard procedure when informing the original reporter of the incident about the cause of death, excluding any additional information that the PM may have uncovered. Government officials also stated that the Environment Minister had been informed about the gunshot injury.*

That seems reasonable behaviour under normal circumstances. However, finding the only golden eagle in Wales dead in a river couldn’t be described as ‘normal’ under any circumstances. And discovering that the eagle had been shot would also be of significant public interest, not least when there’s currently an active debate about the proposed reintroduction of golden eagles to Wales which could happen as early as next year (see here).

I’d say that public understanding of illegal persecution, including the targeting of a golden eagle, was actually fundamental to the debate.

Although according to an FoI response from the Welsh Government’s statutory conservation agency Natural Resources Wales (NRW) last month, officials there claimed to have received no correspondence about the shooting of this golden eagle either. That seems a bit odd, doesn’t it? Surely officials in the environmental section of the Welsh Government talk to officials in NRW, especially on a subject as significant as the shooting of a golden eagle?

It’s not the first time information about golden eagles in Wales has been suppressed. Last month NRW withheld correspondence it had had with Wilder Britain, one of two competing organisations involved with the proposed reintroduction of golden eagles to Wales (see here).

In an FoI refusal letter, NRW argued that Wilder Britain had refused permission to release its correspondence with NRW. I’ve lodged a review of that decision because I don’t believe it should apply to correspondence written by NRW to Wilder Britain in relation to a proposed reintroduction project. I believe the public have a right to know what advice NRW has been giving to someone proposing to reintroduce golden eagles to Wales and especially now that it’s been confirmed that Wales’s only wild-living golden eagle had at some stage been illegally shot.

*Update 12.24hrs: The person who took the dead eagle from the walker and delivered it for post mortem has been in touch to say the Welsh Government did provide details of the pellet and did not try to dissuade her from sharing that information with the media. This information is supported by some of the FoI material I’ve received, which shows that the Welsh Government informed her about the pellet sometime after they’d first mentioned to her that Aspergillosis was the cause of death, and seemingly only after being prompted by an outside agency to do so.

There is further correspondence, released under FoI which hasn’t been published here, in which the Welsh Government explicitly states, ‘We aren’t planning any proactive comms‘ [about the eagle being shot].

UPDATE 17.00HRS: This blog post has been picked up by Wales Online (here)

UPDATE: This blog post has been picked up by the Mail Online, who couldn’t report it accurately (claiming the eagle was shot twice) nor manage to acknowledge the source of their story).

UPDATE 16 February 2021: Toxicology analysis has confirmed this eagle had ‘high concentrations of rat poison in its liver, which may have contributed to its death’, according to the BBC (here)

Some blogs of interest (1)

Readers of this blog might find these other blogs of interest.

RSPB Scotland: Reflecting on Scottish Government’s announcement of plans to licence grouse shooting (here)

ParksWatchScotland: How will the Scottish Government’s proposals for grouse moors affect the Cairngorms? (here)

Dr Hugh Webster: White hares & red herrings – a look at the Scottish Gamekeepers Association’s proposal to translocate mountain hares from grouse moors to, er, elsewhere (here)

Parkswatch Scotland: Muirburn and environmental destruction in the Cairngorms – Glen Callater and the Invercauld Estate (here)

Parkswatch Scotland: Prince Charles and conservation in the Cairngorms National Park (here)

Guy Shrubsole (guest blog for Inkcap newsletter): The Queen must rewild Balmoral (here)

Martin Harper: Good news and a challenge for a Friday about burning of vegetation on peatlands (here)

Alan Stewart: Timeline of wildlife legislation in Scotland (here)

Colin MacLennan (guest blog for Mark Avery): My Decathlon petition (here)

Trees for Life: Legal challenge to protect beavers in Scotland (here)

Red kite killed in barbaric illegal trap on pheasant-shooting estate – no prosecution

A red kite suffered a brutal and agonizing death when it was caught in a barbaric illegal trap at a pheasant-release pen on an unnamed Berkshire shooting estate in August 2020.

A member of the public found the dead kite, hanging upside down with its legs caught in a pole trap, a cruel device that has been outlawed since 1904.

[Red kite hanging dead in an illegal pole trap on a Berkshire shooting estate. Photos via RSPB].

The member of the public reported the incident to the estate (please note – if you find something like this report it to the police and the RSPB, straight away). A gamekeeper was reportedly abusive and threatening in response.

The incident was reported to the RSPB a couple of days later, who contacted Thames Valley Police. Fortunately in this instance, senior estate officials had already reported the crime to the police and had instructed the gamekeeper to retrieve the dead kite and the illegal trap.

The gamekeeper was interviewed and denied setting the trap on his pheasant pen and claimed it was ‘a set-up’.

There appears to be insufficient evidence to progress a prosecution.

For further details of this horrific crime, and the ongoing difficulty of securing sufficient evidence for a prosecution, please see the RSPB Investigations Team’s blog here.

Grouse shooting debate on STV news programme

STV’s Scotland Tonight programme on Wednesday featured a debate on grouse shooting as part of the programme’s Listen Up debate series.

The debate featured Robbie Marsland, the Director of League Against Cruel Sports (Scotland) and Mark Tennant, Chair of landowners’ lobby group Scottish Land & Estates.

This programme is only available to watch until 16 December (here, starts at 15.37 mins).

It’s hilarious, and well worth a watch.

Here’s the transcript, for posterity, but you really need to watch the video to experience the full Botham-esque effect!

Robbie Marsland: There is no place for a bloodsport like grouse shooting in modern Scotland. Every year hundreds of thousands of these iconic wild birds are shot for entertainment, yet polls show that seven in 10 people in Scotland are against grouse shooting. And it’s not only the grouse that suffer – around 200,000 foxes, stoats and mountain hares are killed each year just to ensure there are enough grouse to kill. The moors used to hunt grouse also create a circle of destruction that depletes biodiversity and harms the environment. These moors take up a huge part of Scotland’s land, yet the industry only contributes a pitiful £23 million to Scotland’s economy each year. It’s time for the Scottish government to end the war against wildlife going on in our Highlands, and stop grouse shooting once and for all. 

Presenter: And Robbie joins us to debate his arguments with Mark Tennant, chairman of the organisation Scottish Land and Estates. Thanks for joining us. Robbie, is grouse shooting not an important part of our rural heritage? 

Robbie Marsland: Well when I first came to look at this issue, I thought grouse shooting was sort of one of those central things in Scotland. I didn’t realise just how new it was. It’s only the last 150 years or so that the land was given up from using for sheep and was turned into this area set aside for intensively managing the land, so that there is an abundance of grouse, so that you can come along and shoot them. So if that’s a part of traditional Scotland then I don’t think it’s a part of traditional Scotland in the 21st Century. 

Presenter: Mark, this is not something that should be happening in the 21st Century, shooting for entertainment. 

Mark Tennant: Well, I mean Robbie comes up with these huge numbers of birds that are shot. I don’t know where he gets the numbers from. 

Presenter: OK Mark, what about the principle of shooting for entertainment, as Robbie describes it? 

Mark Tennant: You’re not shooting for entertainment. At the end of the day, every single one of these grouse, which by the way are not reared, let’s be absolutely clear, you cannot rear grouse. They actually end up in the food chain and are eaten. They are wild birds and I’m not convinced I know how you get them into the food chain unless you shoot them. But maybe Robbie’s got a better way. Maybe we can trap them, Robbie? 

Presenter: Robbie, what’s your response to that? These are wild birds that end up in the food chain. 

Robbie Marsland: I’d like to see the evidence of that. I’ve been working on this issue for some time now and there are no trading standards figures on the amount of grouse that do go into the food chain. So if Mark does have that information, I’d be really interested to see it. 

Mark Tennant: All I’d ask you Robbie is to come down to the restaurants in London. You’ll get them down here. You’ll get them in Germany, in France. 

Robbie Marsland: I know that some grouse certainly goes into high-end restaurants in London, absolutely. 

Mark Tennant: No they all end up in the food chain, they all end up there. 

Robbie Marsland: I’m not at all clear how many grouse are shot. The whole industry is sort of clouded in mystery. 

Presenter: Mark, what’s the attraction of grouse shooting? Why do people do it? I’d like to hear about that. 

Mark Tennant: People do it because man has been hunting wild animals since time immemorial. For food. And that’s what happens. It’s like fishing or anything else. You go out, you shoot birds, they go down and they get eaten and you eat some of them. 

Presenter: Robbie, let’s talk about the importance of the industry to the economy. Jobs and livelihoods depend on this, brings in £23 million or thereabouts to the Scottish economy. 

Robbie Marsland: Yeah, yeah, yeah. And £23 million sounds like a lot of money, but when you compare it to the size of the Scottish economy, I’m afraid it’s 0.02% of the scale of the economy. When it comes to jobs, I’m really really conscious that there is a fear that any changes will result in loss of jobs, and I think it’s our responsibility, the people who are starting to question why it is a good thing to kill all of these animals, that we do have solutions to that. That’s why the Revive Coalition, that the League Against Cruel Sports is a member of, has produced two reports, one called Back To Life, and the other A Better Way, and both of those reports detail that you can get more jobs. And more importantly, I spoke to the new owners of an estate called the Kildrummy Estate. They’re managing that estate for wildlife and for conservation and they stopped using it for killing grouse. They told me last week that they are bringing in several new jobs, they’re doing up the local hotel and producing new tourist accommodation, and all of that is of great benefit to the local community and jobs. 

Presenter: Mark, how important are the jobs to the local economies? 

Mark Tennant: The jobs are very important. It’s all very well to say that it’s 0.04% of the Scottish economy. Actually it’s a little bit less, it’s actually 28 million but let’s not quibble. The simple fact is that this is about 15% of the total take of the Edinburgh Festival every year. And all of it goes into the least populated and the poorest parts of our country. So the 0.04% really is a meaningless statistic. Like so many of the statistics that the League uses. 

Presenter: Very briefly, I’m going to ask you both about the licensing. Scottish government says it is going to bring in a licensing scheme to regulate the industry. What would that mean, how would that protect the birds of prey? Very briefly, Robbie. 

Robbie Marsland: Well, we don’t know yet. We are yet to see the terms of the licence. What we are asking for is that it’s a comprehensive licensing scheme that doesn’t just look at the number of raptors, and the increasing number of birds of prey which are being killed. But it looks at the way that heather is burned and the impact that has on Scotland’s ability to reach its climate change goals. And we are looking at the amount of medicated grit that is put out there. 

Presenter: Mark, I presume that you’re not welcoming this idea of licensing? 

Mark Tennant: I’m not sure what it achieves but the simple fact is it’s going to happen. 

Presenter: So lovely to hear from both of you. Thanks very much indeed for joining us this evening. And that’s all from Scotland Tonight. 

Missing something, Natural England?

Do you need to update this?

And do I need to update this?

Or am I mistaken and you’re not trying to shield an industry riddled with criminals or hide anything that might reflect badly on your choice of ‘partners’?

UPDATE 12th January 2021: This news has eventually been dragged out of Natural England via an FoI request. See: Satellite-tagged hen harrier Harold ‘disappears’ on grouse moor in Yorkshire Dales National Park (here).

[Gunnerside, Yorkshire Dales National Park. Photo by Ruth Tingay]

Buzzard shooting – police appeal for information on drive-by suspects

Press release from National Parks & Wildlife Service, Ireland (9th December 2020)

NPWS appeals for information after buzzard shooting

The National Parks and Wildlife Service is appealing for information relating to a buzzard found dead on the R422, just south of Emo, Co Laois.

The bird was perched on a tree on the roadside when it was shot with a shotgun at around 7.50am on 5 December.

The firearm was discharged from the road on the south side of the village.

The investigating Wildlife Ranger said a shot was heard and the dead buzzard was found by a member of the public.

A spent shotgun cartridge was also found.

The NPWS is interested in information about a vehicle that was recorded on CCTV in the area – it’s believed that individuals may be driving around looking for buzzards and then shooting them from a vehicle.

Anyone with information – particularly about vehicles or persons acting suspiciously in Emo on the morning of 5 December – is asked to contact the NPWS regional office at (0761) 002667, or to contact gardaí.

Buzzards are a protected species. They became extinct in Ireland in the late 19th century but were re-established in Northern Ireland in the 1930s.

ENDS

Moorland burning ‘biggest threat’ to England’s most important places for wildlife

Press release from RSPB (8th December 2020)

New analysis shows that burning of moorlands is the biggest threat to England’s most important places for wildlife

  • New analysis of Government data by the RSPB shows that the burning of moorlands is the biggest identified threat to England’s Sites of Special Scientific Interest (SSSIs).
  • The analysis also shows that no reason has been identified for half of England’s SSSIs that are in poor condition.
  • These findings have been hidden in the data published by Natural England, which is only based on a small subset of the SSSIs that are in poor condition.

A new analysis of Government data by the RSPB shows that the burning of moorlands is the biggest identified threat to England’s most important places for wildlife, known as Sites of Special Scientific Interest (SSSIs).

[Grouse moor managers set their moors alight every year, like this one in northern England, at huge environmental cost. Photo by Ruth Tingay]

The other major finding in the analysis is that Natural England has not identified any reason for half of all the English SSSIs that are in poor condition. This means that we do not know why 316,167 hectares of England’s SSSIs are in poor condition, an area roughly the size of Gloucestershire.

Without this information, it will be impossible for Government and Natural England to put in place the actions needed to achieve the target to restore 75% of SSSIs to good condition.

Whilst burning is the largest known cause of SSSIs in poor condition, the analysis also identifies overgrazing and water pollution (especially from agriculture) as being important contributors to the parlous state of these sites.

Moorlands are burned to create habitat for grouse for shooting and also to make them more productive for grazing. This causes long-lasting damage to highly sensitive peatland habitats and the loss of threatened species. It also results in the release of carbon to the atmosphere (adding to climate change), reduces the quality of drinking water (increasing water bills), increases water run-off (exacerbating the risk of flooding) and adds to air pollution.

Natural England publishes the reasons why SSSIs are in poor condition on their website. However, this data is incomplete and misleading. 61% of SSSIs in England are in poor condition. Natural England’s published data only includes the reasons for the poor condition of 8% of SSSIs. It excludes the reasons why 53% of sites are in poor condition because Natural England considers that these are ‘recovering’.

The RSPB’s head of site policy, Kate Jennings said “Many of these ‘recovering’ sites are not recovering at all. Natural England put many SSSIs into this category a decade ago because it assumed that entering into a plan or agreement with the landowner would automatically lead to the restoration of the site, without considering whether the plan was being funded, implemented or proving effective.

A decade on, the evidence clearly shows that this was a mistake. The little SSSI monitoring that Natural England has carried out in recent years shows that ‘unfavourable recovering’ sites are being downgraded to ‘unfavourable no-change’ or ‘unfavourable declining’. This is despite large amounts of public money being spent on agreements which were never going to drive recovery, including some which allow moorland burning to continue and so perpetuate damage to these precious places.”

SSSIs are the best remaining places for England’s wildlife. Studies show that without SSSIs our wildlife would have suffered much worse over the past 50 years. They only cover 6% of England but, if restored, these sites can drive nature’s recovery, contributing to the 30% of land the Government has pledged for nature.

Alongside their role conserving wildlife, protected sites deliver benefits to society of around £1 billion, 9 times the amount of public money spent on them. This includes improving water and air quality, reducing flood risk and storing carbon. They also offer us all a place to access nature, benefiting our mental and physical health.

Natural England’s budget has been slashed by around two thirds over the last decade. As a result, spending on SSSI monitoring fell from nearly £2 million at the start of the decade to £700,000 in 2019 and more than 70% of SSSIs have not been monitored in the last 6 years.

Kate Jennings concludes, “A ban on peatland burning would be a ‘quick win’ in helping to achieve the Government’s target to restore 75% of SSSIs to favourable condition by 2042 (see Note 3), and is also an essential step towards tackling the climate crisis. This is a critical next step in protecting and restoring our internationally important upland peatlands. The Government has repeatedly promised a ban but has not yet done so.

It is also essential that SSSIs are regularly monitored, so that we know what state they are in, what is causing damage to their wildlife and what actions need to be taken. Without this, achieving the Government’s target will be impossible.”.

Case Study – Bowes Moor SSSI, Durham

Bowes Moor SSSI is an extensive tract of moorland in south-west Durham. It has been given international protection for its fragile peatland habitats and diverse moorland bird communities, which include some of our rarest birds of prey – merlin and short-eared owl.

In a 2011 report Natural England used Bowes Moor SSSI as an example of a site that was on track to being fully restored. Almost 10 years on, Natural England’s data now shows that its condition has deteriorated. Parts of the site have been downgraded from ‘unfavourable recovering’ to ‘unfavourable no-change’ due to grouse moor management. The reasons state “Vehicle access damage was evident on the wetter areas of bog, related to the positions of the grit stations and traps (for grouse). Burning has also occurred in the sensitive no burn areas, across a watercourse and on blanket bog where there is an almost continuous cover of sphagnum with frequent bog pools”. This has led to “the exposure of bare peat in places”, resulting in irreversible damage to the habitat and locked up carbon being lost to the atmosphere.

ENDS

Tougher penalties for wildlife crime now enacted in Scotland

Press release from Scottish Government (6 December 2020)

Tougher penalties for animal and wildlife crime

Animals and Wildlife Act comes in to force in Scotland

New measures to increase the maximum available penalties for the worst cases of animal cruelty have come in to force.

Taking effect from 30 November, the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 increases the maximum penalty for the most serious animal welfare and wildlife crimes to five years imprisonment and unlimited fines.

These tougher penalties will be available to courts when convicting those who are involved in animal fighting, causing unnecessary suffering to animals or committing a wide range of serious crimes against wildlife.

[An illegally poisoned buzzard, found on a notorious grouse moor in the Scottish Borders. Nobody was prosecuted for this crime, or any others that have been uncovered on this estate over a period of many years. Photo by RSPB Scotland]

In addition, the new ‘Finn’s Law’ will prevent those who attack or injure service animals in the course of their duties from claiming they did so in self-defence. The law is named after a police dog called Finn who was injured whilst pursuing a suspect with his handler in England in 2016 and sustained serious injuries.

Other parts of the Act will create flexible new powers to allow various Fixed Penalty Notice (FPN) regimes to be developed for a wide range of less serious animal health, animal welfare and wildlife offences, outwith the court system. These will be introduced in future secondary legislation.

Changes to restrict the licensed killing of seals are due to take effect from 1 February 2021.

The Scottish Government is also preparing a report to be laid before the Scottish Parliament by 1 March 2021 on the use of acoustic deterrent devices on fish farms.

The reclassification of mountain hares as endangered animals, which will protect the species from being killed, injured or taken (except under licence for certain limited purposes) at any time of the year is expected to come into force on 1 March 2021, subject to certain permitted exceptions.

The introduction of new powers to deal more quickly with animals seized to protect their welfare will be brought forward at the earliest opportunity in 2021.

Rural Affairs Minister Mairi Gougeon said:

“We take animal welfare and wildlife crime very seriously, and we are committed to ensuring Scotland’s animals have the best possible protection, including our dedicated service animals.

“The vast majority of people in Scotland treat animals and wildlife with respect and care, however the small minority who don’t will be held accountable with consequences that reflect the severity of their crime.”

Scottish Society for Prevention of Cruelty to Animals (SSPCA) Chief Superintendent Mike Flynn said:

“As Scotland’s animal welfare charity, the Scottish SPCA has long campaigned for harsher sentences for animal and wildlife crime and it is fantastic to see these come in to effect. Sentencing must act as a deterrent and we are hopeful increasing sentences and fines will achieve this.

“A number of the proposals due to come in to force will be transformational. We seize thousands of animals for welfare reasons every year, so the prospect of new powers to get these animals in to a home more quickly is welcome. Currently, animals can spend months or even years in our care and we look forward to working with the Scottish Government to implement the reforms as soon as possible. The Act will enhance Scotland’s position as a global leader in animal welfare standards.”

ENDS

The Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 was passed by the Scottish Parliament on 17th June 2020 and it’s been a long time coming. Seven years, actually.

In 2013, the then Environment Minister Paul Wheelhouse commissioned a review on whether penalties for wildlife crime should be increased, as a direct response to ongoing illegal raptor persecution. Professor Mark Poustie submitted his report and a series of recommendations, including a penalty increase, in 2015. The then Environment Minister Dr Aileen McLeod broadly accepted those recommendations in 2016 and the Scottish Government committed to progressing them in its 2017/2018 Programme for Government.

The usual foot-dragging exercise followed until 2019 when suddenly the Scottish Government got serious and drafted the Animals and Wildlife Bill, with a public consultation and a number of evidence sessions to bash out the details (e.g. see here).

The new legislation increases the penalties available to a court for a wide variety of animal cruelty and wildlife crime offences. Custodial sentences of up to five years and significant fines are now available for some offences and these include crimes relating to Section 1 of the Wildlife & Countryside Act (Protection of wild birds, their nests & eggs), Section 5 (Prohibition of certain methods of killing or taking wild birds), Section 6 (Sale, possession etc of live or dead wild birds, eggs etc), Section 11 (Prohibition of certain methods of killing or taking wild animals) and Section 15 (Possession of pesticides). NB: Not an exhaustive list, just of significance to this blog.

With this five year custodial threshold comes the re-defining of some of these offences as ‘serious’ (i.e. they attract a custodial sentence of three or more years), which should close some loopholes in relation to the collection of video evidence and its admissibility in court. Effectively it means that Police Scotland now have the authority to apply for permission, under the Regulation of Investigatory Powers (Scotland) Act 2000 (RIPSA), to install covert cameras on private sporting estates for the purpose of detecting wildlife crime. For anyone interested in further detail it was discussed in an earlier blog (here).

The new legislation also widens the use of vicarious liability in relation to wildlife crime. Vicarious liability, where a landowner/sporting agent etc can be held legally responsible for the criminal activity of an employee (e.g. gamekeeper), was introduced on 1st January 2012 for certain crimes against birds of prey. Under the Animals and Wildlife Act, it now also applies to offences under Section 11 of the Wildlife & Countryside Act (Prohibition of certain methods of killing or taking wild animals) and this essentially refers to the use of snares and traps.

To date there have only been two successful prosecutions for vicarious liability for raptor persecution. That’s hardly an indication of success and there have been many cases where vicarious liability might have applied (e.g. see here for most recent case) but for reasons it refuses to divulge, the Crown Office has failed to pursue a prosecution.

However, according to this recent blog by legal firm Brodies, there’s an increased appetite for prosecutions for vicarious liability in wildlife crime cases and conviction rates are expected to increase.

Let’s see.