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Bye, then

In a feature article in the latest edition of Shooting Times, the Chairman of the National Gamekeepers Organisation, Lindsay Waddell, laments the sale of Millden Estate in Angus (see our earlier story about the sale here).

He questions the reasons behind the sale, “just as the moor is coming good“. It’s a strange description for an estate where two-year-old golden eagle Alma was found poisoned in 2009 (see here). His theory about why Millden has come on the market goes like this:

“It would appear the answer lies in the recent legislation passed by the Scottish Parliament which holds landowners liable for the actions of their staff [vicarious liability], and that is something, it appears, some will not entertain at any cost. So it’s sell up, and get out. It may well turn out to be a sad day for the inhabitants of many glens if more and more of the modern-day owners decide to take the same course of action“.

Interesting.

Waddell goes on to acknowledge that there are still landowners (he says “a few”, we say ‘too many’) who won’t manage their land without the use of [illegal] poison and says these individuals have to shoulder a lot of the blame for the introduction of vicarious liability. No disagreement there, Lindsay – the criminals within your industry are finally having to face the music after 60 long years of relentless and systematic illegal raptor persecution.

He also comments that the new legislation (vicarious liability) is ‘open to abuse’. He writes: “It is all very easy for items to be ‘found’ on a piece of land“. By ‘items’, does he mean poisoned birds and poisoned baits, and enormous caches of illegal poison? Much like what was found on Skibo Estate in 2010? The ‘items’ that Dean Barr, sporting manager at Skibo Estate, claimed in the press had been planted by the RSPB (see here)? Obviously his press statement was made before he was found guilty of possessing 10.5 kg of Carbofuran – the UK’s biggest haul of this banned pesticide to date (see here).

Waddell continues by suggesting that Millden may be the first of many Scottish sporting estates to be sold. Let’s hope so. I can think of more than just ‘a few’ whose closure is long overdue.

Shooting Times article here

Another poisoned peregrine and the appeal for info comes three months later (again)

The BBC News website is running a story today about another poisoned peregrine. The young bird was apparently discovered three months ago at Whitecleaves Quarry near Buckfastleigh in Devon. The toxicology results, which have only just been released, indicate the bird was poisoned with the banned pesticides Carbofuran and Aldicarb.

This is the third reported poisoning incident in the region in recent weeks, following the reports of four poisoned goshawks and one buzzard in Devon (see here) and two poisoned peregrines in Cornwall (see here).

According to the BBC article, peregrines at Whitecleaves Quarry have been targeted before, with poisoned birds being discovered in 1992, 2004 and 2005.

Devon & Cornwall police are investigating the latest incident, and the RSPB has once again put up a £1,000 reward for information leading to a conviction.

The obvious question – why has it taken three months for this incident to be publicised?

BBC News article here

More on COPFS wildlife prosecutors: two out of three ‘ain’t bad

In February this year, an announcement was made about the pending appointment of three specialist prosecutors to deal exclusively with wildlife and environmental crime in Scotland (see here).

In August, an announcement was made that two specialist prosecutors had now been appointed (see here). We commented at the time that COPFS (Crown Office & Procurator Fiscal Service) had not provided any information about the prior experience of these two new fiscals in this specialist area of law, and that no mention had been made of the appointment of a third wildlife crime fiscal.

There still isn’t any word on the appointment of a third specialist fiscal, but there is now a statement from COPFS about the two new appointees – Kate Fleming and Shona McJannett:

“Kate has been an environmental specialist prosecutor for several years and is based at the Procurator Fiscal’s office in Glasgow. Shona’s interest in environmental law goes back to her days at university and she has prosecuted both wildlife and environmental cases in her previous post in Fife. She is now based in the PF office in Edinburgh.”

We wish them both well and look forward to following their progress. We particularly look forward to seeing a substantial increase in the number of successful prosecutions for wildlife crime.

Inverinate Estate gamekeeper’s trial – more delay

The case against gamekeeper Andrew Malcolm Slaughter, which opened at Inverness Sheriff Court in March 2011, has been delayed once again.

The case opened in mid-March (see here for details) and was continued until 7th April.

On 7th April, it was adjourned until 28th April (see here).

On 28th April the case continued without plea until 19th May (see here).

On 19th May the case was put back until 12th October (see here).

The case has now been postponed until 17th November, eight months after the trial first started.

Latest SASA figures show illegal raptor poisoning continues in Scotland

Well finally, on behalf of the Scottish Government, SASA (Science and Advice for Scottish Agriculture) has published the poisoning figures from the second quarter of 2011 (covering the period from April to June), and guess what? More raptors were illegally poisoned during this period. Seems a bit of a coincidence that these figures have been published four months late and on the very day that people were encouraged to make a Freedom of Information request to SASA to obtain the 2011 poisoning data. Nevertheless, the publication of these data is still welcome and provides us with cold hard facts about the continuing illegal poisoning of our native species.

The latest report shows that there were three confirmed ‘abuse’ incidents during this period, including:

April 2011: 1 x buzzard poisoned by Aldicarb & Carbofuran (Highland region)

May 2011: 1 x raven poisoned by Carbofuran (Dumfries & Galloway)

May 2011: 1 x red kite poisoned by Bendiocarb & Carbofuran (Highland)

All three incidents are reported to be the subject of on-going police investigations. How many of these were reported in the media at the time of the incidents? These latest figures can now be added to the figures from the first quarter (Jan – Mar 2011 – see here) to show that in the first half of this year the following  have been confirmed poisoned by illegal pesticides:

4 x buzzards; 1 x golden eagle; 2 x red kites; 2 x peregrines; 1 x raven.

And of course these are only the ones that have been discovered. And the figures do not include all the other incidents of non-poisoning persecution reported this year (e.g. shot goshawks here, shot peregrine here), nor the suspected poisoning incidents that were not included in the earlier SASA report (see here), nor the birds reported to have been poisoned since June (e.g. see here). It is clear that the widespread problem of illegal raptor persecution still exists, despite the (now apparently premature) comments from the game-shooting industry that this criminal behaviour has been eradicated. It clearly hasn’t been eradicated, but have the numbers dropped? Given the chronic delays in reporting these incidents in the media, we’ll have to wait for the next two SASA reports before that assessment can be made.

I wonder how long will we have to wait until the figures from the 3rd quarter (July – Sept) are released? If their publication is as late as this current one, we can expect to see them in four months time (February 2012). Perhaps that FoI request is still worth pursuing after all..

Latest SASA figures available for download here.

Poisoned buzzard & ravens – appeal for info comes three months later

A news item posted today on the RSPB website reveals that a buzzard and two ravens were found dead in Monmouthshire in July. Tests reveal they had been poisoned by the banned pesticide Carbofuran. Two dead pigeons were also found which had been laced with an un-named pesticide and the news report suggests these were put out as illegal poisoned bait. Last year, two dead peregrines, poisoned with Carbofuran, were found at the same site (see here).

The article reports that Gwent Police, the Welsh Government and the RSPB are appealing for information. The RSPB is reported to be offering a £1,000 reward for information leading to a conviction.

Three months after the incident? What’s the point? Why is it that media reports about wildlife crime, and particularly illegal raptor persecution incidents, are now consistently delayed for several months? What other areas of crime are reported this way? If my house was burgled in July and I waited for three months before I reported it to the police, what do you think the chances would be of catching the burglar? About the same as catching the raptor poisoners, I reckon.

Talking of delayed reports…why is it that the 2011 SASA poisoning report, which is supposed to be updated every quarter, has not been updated since March 2011? Are we to believe that raptors are no longer systematically poisoned in Scotland because none have been handed in for analysis for the last seven months? If anyone feels like doing a Freedom of Information Request, this would seem to be a good place to start (FoI on SASA website here).

News story about the poisoned buzzard & ravens on RSPB website here

Red kite persecution study wins science award

A recent study that revealed how illegal persecution is affecting the growth of a red kite population in Scotland has won a scientific research award.

The new award, the Watson Raptor Science Prize, is given for the best raptor study published in a peer-reviewed journal, and is made in honour of two exceptional raptor biologists, the late Donald Watson and his late son, Jeff Watson. Donald pioneered studies on the hen harrier and Jeff was a world authority on the ecology and conservation of the golden eagle.

The award-winning paper: Illegal killing slows population recovery of a re-introduced raptor of high conservation concern – the red kite, was published in the international journal Biological Conservation in 2010. The study, undertaken by RSPB scientists, compared the growth of two red kite populations, one in the Chilterns in southern England and one in the north of Scotland. The researchers found that after 17 years the Chilterns population numbered around 300 pairs, whereas the north of Scotland population only numbered around 50 pairs. The reason for the difference in survival rates was conclusively demonstrated to be illegal persecution.

Well done to the team of researchers, led by Dr Jennifer Smart, for scientific excellence, and especially for adding to the ever-increasing body of scientific literature that shows, unequivocally, that the illegal persecution of raptors continues to affect the conservation status of these iconic species.

BBC news article here

Scottish government’s support for grouse shooting “goes beyond words”, says Environment Minister

Here’s a fascinating insight into the Scottish Environment Minister’s views on driven grouse shooting.

In a letter addressed to the Earl of Hopetoun (Scottish Land & Estates’ Moorland Group), Environment Minister Stewart Stevenson MSP tells him: “I think it is clear that the Scottish Government’s support for this industry goes beyond words“. He goes on to comment about well-managed moorland as a valuable resource for biodiversity, the significant contribution the industry makes to the rural economy, and how hard the Scottish Government has fought to retain the use of snares for predator control.

It’s all a bit depressing until towards the end of the letter he addresses the issue of vicarious liability. It’s not clear what the Earl of Hopetoun said to Stewart Stevenson, but it seems to have been something along the lines of arguing against the introduction of vicarious liability (which is due to be enacted sometime this winter). Stevenson responds:

“Turning to the issue of vicarious liability, I am afraid I do not agree that this poses a threat to the public benefits that well-managed moorlands deliver. The introduction of vicarious liability in this area is a response to a long-standing and continuing problem and reflects the wishes of a clear majority in Parliament. However, any grouse moor manager or owner who takes their staff and land management duties seriously and can show, if required, that they have carried out due dilligence in this respect, as required by the law, will not have any reason to be concerned“.

He continues: “I hope that we are beginning to see a significant reduction in crimes involving birds of prey. Any reduction in the numbers of birds that are found poisoned will be very welcome. We are however clear that the number of birds analysed by SASA is not the complete picture, and we will continue to be guided by the scientific advice from SNH on the overall population levels and distributions of birds of prey“.

Full letter available for download here: Stevenson response to Lord Hopetoun Aug 2011

Interestingly, the Earl of Hopetoun is a Director of Scottish Land and Estates and appears to be connected with the management of estate land in Lanarkshire. His profile biography on the Scottish Land and Estates website says the following:

Andrew Hopetoun is Chairman of Hopetoun Estates and Deputy Chairman of the Hopetoun House Preservation Trust. These two organizations manage Hopetoun House (home of the Hope family for over 300 years and a successful tourism, corporate and private functions business) and its related estates, mostly at Hopetoun near Edinburgh and around Leadhills in the Scottish Borders (See profile here).

This wouldn’t be the Hopetoun Estate (aka the Leadhills Estate), would it? If this information is accurate, then it’s easier to understand the Earl’s interest in vicarious liability, although it has previously been reported  that the Hopetoun family did not run the grouse moor and the shooting rights had been put up for sale (see here).

Elaine Murray MSP keeps up pressure for greater powers for SSPCA

Back in February 2011 when the Wildlife & Natural Environment (Scotland) Bill was still being debated, Peter Peacock MSP put forward an amendment that would provide greater powers for the Scottish Society for the Prevention of Cruelty to Animals (SSPCA) inspectors to investigate a wider suite of wildlife crimes (see here). The SSPCA currently has limited powers that only allows it to investigate certain types of wildlife crime (see here).

Given the concern over public spending cuts that will affect police resources, and the on-going concerns of getting police to even attend wildlife crime incidents (see here for info from SSPCA and RSPB, and info here from OneKind, page 12), Peter Peacock MSP proposed that if increased powers were given to the SSPCA, then perhaps more wildlife crimes (and especially raptor persecution incidents) might stand a better chance of being investigated more effectively.

The Environment Minister at the time (Roseanna Cunningham MSP) said that the proposed amendment raised significant issues of accountability – which seemed a fairly weak argument given that the SSPCA is already empowered to investigate some animal welfare incidents – but she did say that she thought the amendment could be considered, after public consultation, in a future Criminal Justice Bill.

Seven months later and some MSPs may have hoped/wished this proposal was long dead and buried. Not so! Enter stage right Elaine Murray MSP, who lodged the following motion in the Scottish Parliament late last week:

S4M-00932 Elaine Murray: First Dog-fighting Conviction under the Animal Health and Welfare (Scotland) Act 2006—That the Scottish Parliament congratulates the Scottish Society for the Prevention of Cruelty to Animals (SSPCA) on obtaining the first successful conviction for animal fighting under the Animal Health and Welfare (Scotland) Act 2006; notes that two brothers received jail sentences of four and six months for being involved in dog fighting involving pit bull terrier-type dogs; regrets that the perpetrators have only received a ban from keeping dogs for five years; notes that the SSPCA were able to achieve this conviction using powers conferred under the act to search and enter homes under warrant to retrieve evidence, and believes that the granting of similar powers to the SSPCA with regard to the investigation of wildlife crime should be considered.

This proposal seems to me to be a complete no-brainer. The SSPCA has been a reporting agency to the Crown for more than 100 years. They are highly effective – in 2009-2010, the SSPCA reported nearly 200 cases for prosecution to the Crown Office and Procurator Fiscal Service. Surely any sensible individual or organisation, who was committed to cracking down on wildlife crime, would support the proposal to widen the powers of these very productive and experienced investigators? Apparently the Scottish Gamekeepers Association doesn’t agree (see here on page 11).

Well done Elaine Murray MSP for keeping up the pressure – it will be interesting to see how this proposal develops over the coming months.

Estate probed in eagle poisoning investigation now up for sale

Millden Estate near Brechin, Angus has been put up for sale with a whopping £17.5 million price tag. If the estate is sold as a whole (as opposed to up to 13 Lots), it will become the most expensive Scottish country estate ever sold on the open market, according to Scotland on Sunday.

Millden Estate is well known for its grouse moors – according to the sales documents there are over 70 different lines of butts and 8 different beats to shoot on just under 20,000 acres. Tim Baynes, described as a consultant to Scottish Land and Estates and the Scottish Countryside Alliance, said Millden was a “wonderful” property, and urged the new owners to continue the “incredible” work done by its current proprietor.

Here’s what Baynes is reported to have said in the Scotland on Sunday article: “Good grouse moors don’t grow on trees, only a handful come on the market each year in the UK, and this is one of the top ones, and one of the best estates. The new owner will have to keep up their investment as moors require a lot of effort to make them productive. Well-run moors do an awful lot of good for wildlife and the community“.

Millden Estate was the place where a young golden eagle was found poisoned in July 2009. The eagle, two year old ‘Alma’ who was being satellite-tracked from her birthplace on Glenfeshie Estate, had been killed by the banned poison Carbofuran. A police search of Millden Estate failed to find any evidence and to date, nobody has been charged with any related offences (see here). The local community was outraged at the death of Alma and wrote to local estate owners, the Environment Minister and the Chairman of SNH to express their concern about the alleged use of poisoned baits in the area (see here).

Scotland on Sunday article here

Millden Estate sales brochure: Millden sales brochure 2011