Grouse moor management in Scotland: Government launches public consultation

Today, the Scottish Government has launched a public consultation as the start of its commitment to introduce a licensing scheme for grouse moor management, following the publication of the Werritty Review in 2019, which was commissioned in 2017 after unequivocal evidence was published of the on-going illegal killing of golden eagles on some Scottish grouse moors.

That illegal killing continues, as evidenced by this young golden eagle recently found poisoned on a grouse moor in the Cairngorms National Park laying next to a dead mountain hare that had been used as the poisoned bait (photo by RSPB Scotland).

As is so often the case, nobody has been charged or prosecuted for this hideous wildlife crime, which is a fundamental reason why the Govt is introducing a licencing scheme, presumably as a means of sanctioning an estate (by withdrawing its licence) when evidence of wildlife crime is discovered. Without knowing the exact details of how the licensing scheme will operate, it’s impossible at this stage to predict its effectiveness. There are many sceptics, and I’m one of them, but I’m also certain that the status quo is untenable and so I view licensing as a step in the right direction, but definitely not the end of the road.

The Government’s licensing consultation preamble reads as follows:

‘A Stronger & More Resilient Scotland: The Programme for Government 2022-23 which was published on the 8 September 2022 committed to introducing the following Bill:

Wildlife Management (Grouse)

The Bill will implement the recommendations of the Werritty Review and introduce licensing for grouse moor management to ensure that the management of driven grouse moors and related activities is undertaken in an environmentally sustainable manner. The Bill will also include provisions to ban glue traps.

In November 2020, the Scottish Government published its response to the recommendations made by the Grouse Moor Management Group (“Werritty review”).  That report was commissioned by the Scottish Government in response to a report from NatureScot (formerly Scottish Natural Heritage), published in May 2017, which found that around a third of satellite-tagged golden eagles in Scotland disappeared in suspicious circumstances, on or around grouse moors.

The Werritty review made over 40 recommendations regarding grouse moor management. The recommendations, which were accepted by the Scottish Government, seek to address raptor persecution and ensure that the management of grouse moors is undertaken in an environmentally sustainable manner.

As well as proposals relating to grouse moor management, this consultation also considers glue traps. A report from the Scottish Animal Welfare Commission, published on 23 March 2021 stated that

‘……the animal welfare issues connected with the use of glue traps would justify an immediate outright ban on their sale and use. This is our preferred recommendation‘.

This consultation is therefore seeking your views on the Scottish Government’s proposals on:

*Grouse moor licensing

*Muirburn

*Trapping (wildlife traps, glue traps, snares)

You can complete all the sections in the consultation or only those sections which are of interest/relevance to you’.

ENDS

The Government’s proposals for its grouse moor licensing scheme are laid out here:

I haven’t yet looked at the consultation paper so I can’t offer any comments or suggested responses yet but I will do very soon. The consultation will close on 14th December 2022.

The link to the consultation questionnaire can be found HERE.

UPDATE 26th October 2022: REVIVE coalition cautiously welcomes Scot Gov’s consultation on grouse moor licensing (here)

UPDATE 27th October 2022: Grouse shooting lobby quietly seething over proposed licensing scheme (here)

Grouse moor estate in Nidderdale with history of wildlife crime to be rewilded

A grouse moor estate in Nidderdale with a history of wildlife crime is set to be rewilded, according to an article in the Telegraph and Argus.

In May 2017, the RSPB’s investigations team filmed two armed individuals, dressed like gamekeepers, appearing to shoot at a nesting Marsh harrier and then apparently removing eggs from the harrier’s nest on Denton Moor (see here). Despite a thorough investigation by North Yorkshire Police, nobody was ever charged for these alleged offences.

[Screengrab from RSPB covert video of two armed men at a Marsh harrier’s nest on Denton Moor]

In February 2019, gamekeeper Austin Hawke was convicted at Skipton Magistrates Court for an offence relating to the death of a badger caught in a snare on the same grouse moor on 28th May 2018. Hawke was found guilty of failing to check the snare contrary to section 11 of the Wildlife & Countryside Act (see here).

In March 2019, the owners of Denton Moor (an engineering company called NG Bailey) announced it would not be renewing its grouse-shooting lease following the spate of wildlife crime (see here).

And now the estate owners, brothers Cal and Nick Bailey, have announced an ambitious rewilding project for the estate, according to an article in last week’s Telegraph & Argus (here). The article is reproduced below:

THE two brothers behind an ambitious plan to transform the Denton Hall estate into an exclusive hotel and rewilding project have outlined their ideas for the scheme – and vowed they want to take the local community with them on their journey.

Cal and Nick Bailey are members of the family which set up the huge NG Bailey engineering company and are shareholders in the business.

Denton Hall was bought by NG Bailey in 1976 and the Grade I Georgian Listed building has been used as offices and a wedding and events venue.

The Bailey brothers are in the process of buying the building and its 2,500 acres of land from the company to realise their dream of helping to combat climate change.

It is also something of a home-coming for Cal and Nick, who grew up in the house and roamed the estate’s moorland and woods in the 1970s.

Although the sale is still in the process of going through, the idea is that developing the house into an exclusive boutique hotel will help finance the wider project – turning the estate into a model of biodiversity and regeneration that will be a flagship scheme driving climate change-combatting measures.

At Denton Hall, which from its elevated position looks out over the greater Ilkley area, Cal Bailey says: “The climate crisis is real and nature in the UK and the wider world is seriously under threat.

“There’s a phrase ‘think global, act local’ and what that means for us is taking this opportunity which we are lucky enough to have to buy this estate and realising our three major goals of making a positive contribution in terms of three major areas, carbon, nature and food.”

Their plans are well-thought out and hugely ambitious, and they appreciate that there might be some misgivings among local people, particularly in the close-knit Denton village community neighbouring the estate. But they are determined to allay any fears about the development.

Cal says: “We are very keen that people in the area hear what we are saying and planning. There have been a few voices against our plans, but the overwhelming number of people have been supportive.

“It’s an exciting opportunity and there’s obviously a long way to go. The way we get there is as important as where we get to so we are absolutely determined to get to the end point but we want to take people with us, otherwise, what’s the point?

“We have tried to lean over backwards to share our vision with people because it’s really important that local people are on this journey with us.

“In every example I’ve seen of rewilding or any similar initiative up and down the country, when local people begin to understand what’s happening and begin to feel part of it, they recognise something special is happening and want to be a part of it.”

But what exactly is going to happen on the Denton Park estate? Over to Nick Bailey, to outline the main points of their plan.

Nick says: “We’ve set ourselves a 30-year horizon because with the best will in the world things change. NG Bailey took over the estate in 1976 and started developing what had been a neglected farm, and 50 years ago they had a very different vision and no doubt visions change so they didn’t think too far ahead.

“So one of the things that struck me was that over no other issue almost ever in history had scientists universally agreed, quickly, the climate crisis and the biodiversity challenge is real.

“So anyone who doesn’t face up to that is like a flat earth group. Scientists describe it and come up with suggestions, governments incentivise it and legislate around it, but it’s people who implement change and that’s what we want to do.

“Our aim here is to create an estate that can balance nature with carbon and with food and that can make as full a contribution as it has the capability to do in each of these three areas.”

So what will that mean in practice? Well, there are several schemes that the brothers want to put into motion over the next few years.

* The Moorland — Peat in good condition is one of the best things to sequester carbon but if it’s in poor condition it can contribute to carbon in the atmosphere, so one of the major projects will be to come up with a restoration plan for the Denton Park moorland peat.

* A Hundred Acre Wood – The brothers are working with the White Rose forest organisation to plant something like a thousand trees per acre, on average, which they are hoping to get underway by November.

* Additives – Their farm manager James Bush is looking at ways to reduce all chemical additives used on the land, whether fertiliser, herbicides or pesticides.

* Food partnerships – They want to utilise the land for growing and rearing food and providing local food producers and breweries with the raw materials so that their products are completely locally sourced. This includes fruit and vegetables, meat, and raw materials for alcohol production.

* A Tree Nursery – This would enable them to develop and grow the best varieties to help with the rewilding of the whole site.

* Bees – a mixture of hives and schemes to attract wild bees, which are essential to biodiversity, and also with a view to producing the estate’s very own honey.

* Grazing land – at the moment there are deer and sheep on the land, but they are looking at reintroducing cattle and possibly pigs to have a stronger mix and also provide food production as well.

* A Walled Garden – There’s already one there that has a history of growing food on the estate, and bringing that back into use is part of the plans.

* Water management – This is a hugely important part of the plans. Some 9.5 million tons of rain fall on the estate each year so proper management of the land will help to cut back on potential flooding further down the valley.

These are just some of the plans in the pipeline, and the Bailey brothers are consulting with a wide range of experts and organisations to look at how to put them into practice and to develop new and exciting ideas to help the estate be a model of biodiversity and rewilding.

Cal says: “We have this amazing opportunity to put our beliefs into practice on a bit of land in England that we can buy and manage. Because we have this opportunity and the fundamental belief that the world is in crisis, this is something we want to do.

“Does this mean we are experts in land restoration and farming? Not at all. I’m an accountant by training, a businessman who’s running factories. Nick is an engineer, but he’s been a teacher.”

Nick adds: “I’ve restored a couple of buildings in the past but not to this scale. This is a chance to play and learn, if you like, but I think so many things in my life have given me so much to bring to this project.

“So, no, we don’t have all the skills that we need, we’ll need the help of a lot of other folk. But we want to see our three goals of carbon reduction, food production and nature brought together in one vision on this estate. And the way we will fund it is hopefully bringing visitors to the estate who will stay here.”

It’s a long-term project, though, and the brothers know that. But they want to get local people onside to help them realise this dream.

Nick says: “There will be loads of opportunities for people to get involved and they won’t come all at once, even though people are battering the door down now, but over the next five or 10 years more and more people from the local community will become involved with the projects here, and hopefully inspire more and more people and it will be something for Ilkley to be proud of.”

ENDS

General Licence restriction imposed on Moy, a grouse-shooting estate, after discovery of poisoned red kite

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.

ENDS

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)

Gamekeepers responsible for more illegal raptor killing than any other profession

Somebody sent me a screen grab the other day of a statement posted on social media by the Southern Uplands Moorland Group (SUMG), which is one of a number of regional groups representing grouse moor estates around the country and designed to persuade the public that birds of prey are warmly welcomed and that gamekeepers love having birds of prey on their ground.

The statement published by the SUMG is fairly typical of the misrepresentation of facts that we’ve all come to expect from certain quarters of the grouse shooting industry. It reads as follows and I’ve underlined the sentence of interest:

Now, I can’t recall EVER saying on this blog that a dead raptor is automatically linked to the [game]keepering profession and there are numerous examples of illegal raptor killing offences that I’ve reported on here over the years where gamekeepers have quite clearly not been responsible (e.g. see here, here, here, here, here, here, here etc).

As a co-director of Wild Justice I’m also pretty certain that WJ has NEVER made such a claim. If there is such evidence, the SUMG are challenged to provide it.

I can’t speak for the RSPB but I can’t imagine they would EVER make such a ridiculous claim either.

Speaking for myself, I don’t even believe, as some do, that ALL gamekeepers are raptor killers. A lot of them are, of that there’s no doubt whatsoever, and some other gamekeepers will benefit from that killing even if they’re not doing the actual killing themselves, but I also know of some decent, law-abiding gamekeepers who are as thrilled at seeing a raptor as I am. I’ve met them and have worked with them, so I know they exist.

However, there’s no getting away from the undeniable evidence that shows overall, gamekeepers in the UK are responsible for more illegal raptor killing than any other profession. If you want to see the evidence, have a look at this pie chart published by the RSPB last year in their annual Birdcrime report:

Interestingly, one of the individuals included in the convicted gamekeepers section of this pie chart was a certain Alan Wilson, a member of the Scottish Gamekeepers Association who was convicted in 2019 of a catalogue of horrendous wildlife crimes he committed on the Longformacus Estate, a grouse/pheasant shooting moor in, er, the Southern Uplands (see here).

It strikes me that the Southern Uplands Moorland Group would do well to concentrate on ousting the criminals within the gamekeeping industry rather than smearing those of us who report on such crimes and who, quite legitimately, campaign for the Government to clamp down on the criminals involved.

Hen harriers doing well on Mar Lodge Estate but what happens when they leave?

Back in 2016, the National Trust for Scotland (NTS) was celebrating the rare success of a hen harrier breeding attempt on the Mar Lodge Estate, the first such success for decades (see here).

[A young hen harrier fitted with a satellite tag on Mar Lodge Estate in 2016. Photo by Shaila Rao]

The NTS has just published an update on the return of hen harriers to Mar Lodge Estate, detailing further breeding successes in each year since (see here).

This is really, really encouraging news, but it’s only half of the story. Breeding success is meaningless if survival rates are low, and they are low, very low. The most recent national survey of hen harriers in Scotland, conducted in 2016, documented a 9% decline since the previous survey in 2010. It was the second successive decline in the Scottish hen harrier population revealed by national surveys, signalling a worrying trend. In the longer term, over a period of just 12 years, the number of breeding pairs had dropped by 27% in Scotland (see here). Illegal persecution connected to driven grouse moor management is widely acknowledged as being the most significant threat to this species’ conservation, not just in Scotland but across the UK (e.g. see here).

The NTS blog recognises this and states:

However, it’s not all good news. The success of hen harrier breeding at Mar Lodge Estate led to us being involved in the RSPB Hen Harrier Life Project and through this 14 harrier chicks from Mar Lodge Estate were satellite-tagged between 2016 and 2020. But of these 14 chicks, only one still survives in 2020 – a female named Tamara, who spends much of her time in Perthshire. Eight of the satellite tags stopped suddenly, with no trace of a bird or body found, raising suspicions of possible foul play‘.

Some of those young birds satellite-tagged at Mar Lodge didn’t even make it out of the Cairngorms National Park, ‘disappearing’ in suspicious circumstances on driven grouse moors – e.g. see here, here, here, here, here, joining a growing list of other sat-tagged hen harriers that have vanished or been found dead there (e.g. see here, here, here, here). Such is the extent of this issue, the Cairngorms National Park Authority has had to publish statements that illegal persecution continues to be a problem (e.g. see here).

Some of those young birds from the Mar Lodge Estate feature on the grim list of 45 hen harriers ‘missing’ or confirmed illegally killed in the UK since 2018 – see here. I’m led to believe that this list is now out of date (see here).

SNH grants licence to Leadhills Estate for out-of-season muirburn

Leadhills Estate, which has been at the centre of over 50 police wildlife crime investigations in the last two decades, has had two gamekeepers convicted for committing wildlife crime offences during that time, and is currently the subject of a three-year General Licence restriction, imposed after Police Scotland found ‘clear evidence’ of wildlife crimes having being committed by persons unknown in recent years, and is under further police investigation since more allegations have been made this year, was granted a licence by SNH to undertake out-of-season muirburn on estate grouse moors in September.

There have been some jaw-dropping revelations on this blog over the years but this one is right up there.

[Muirburn on Leadhills Estate, South Lanarkshire. Photo by Ruth Tingay]

A quick recap of the situation (for those who want more detail please see the links to previous blog posts below).

In April 2020 the Scottish Government temporarily banned all muirburn in Scotland under emergency Coronavirus legislation (see here).

Despite being in the middle of a pandemic, in July 2020 Mark Osborne, acting on behalf of Leadhills Estate, applied to Scottish Natural Heritage for an out-of-season licence to conduct muirburn on the estate in September after spraying some areas with glyphosate (see here).

Scottish Natural Heritage (now rebranded as NatureScot but that’s irrelevant) refused the licence application in August (here) and Osborne immediately appealed the decision (see here).

That’s where we left the saga last time. Here’s what happened next…..

SNH was obliged to consider Osborne’s appeal, although it wasn’t obliged to overturn it’s previous decision to refuse permission.

Here’s how SNH’s reconsideration went:

According to the Freedom of Information documents that have been released, that’s it. That’s the extent of the discussion at SNH about whether Leadhills Estate should be given permission to set fire to its grouse moors out of season and in the middle of a global pandemic.

A couple of days later SNH wrote to advise Osborne of its U-turn decision and sent him the licence, as follows:

There has been some discussion amongst RPUK colleagues and associates about whether SNH’s decision to issue this licence was a breach of the Government’s emergency Coronavirus legislation which had temporarily banned muirburn until the official season opened on 1 October 2020. I might return to that topic.

However, of greater interest, to me, is how SNH’s decision-making on whether to issue an out-of-season muirburn licence apparently failed to consider the wider picture of what’s been going on at Leadhills, and especially the current three-year General Licence restriction placed on the estate, by, er, SNH. Didn’t anybody think about that?

Ah, well somebody did, but unfortunately it seems this person’s expert input wasn’t invited as part of the decision-making process:

There’s quite a lot to take in about this case, and the details and circumstances of this particular licence. An FoI has been submitted to SNH to see the licence return which, as detailed in condition #9, should have now been submitted to SNH by Osborne.

And it turns out that this isn’t the first year that SNH has granted an out-of-season muirburn licence to Leadhills Estate. More on that shortly.

For some reason, the phrases ‘taking the piss’ and ‘impotent licensing authority’ are uppermost in my mind.

Cairngorms National Park Authority statement on hen harrier persecution

Hen harrier persecution is a National Wildlife Crime Priority and the population in Scotland has suffered a 27% decline in the last 12 years. Losing over a quarter of the population in such a short period is a significant conservation concern and as such, we expect a strong response from the authorities whenever these crimes are exposed.

Earlier this month we learned that two satellite-tagged hen harriers (Wildland hen harrier 1 and Wildland hen harrier 2) had ‘disappeared’ in suspicious circumstances on two grouse moors in September 2019, one within the Cairngorms National Park and one right on the Park boundary (see here). We don’t recall seeing any statement from the Cairngorms National Park Authority.

Yesterday we learned that two more satellite-tagged hen harriers, Hoolie and Marlin, had both ‘disappeared’ in suspicious circumstances from grouse moors in the Cairngorms National Park in April 2020 (see here). We also learned that they both vanished on exactly the same grouse moors from where two other satellite-tagged hen harriers had also disappeared without trace (Hen harrier ‘Lad‘ in 2015 and Hen harrier Marci in 2019).

It’s bad enough that these birds continue to be persecuted even though they’ve had legal protection in the UK for 76 years, but when this keeps happening inside a so-called National Park and nobody is ever held to account, you have to wonder, in terms of species conservation, what’s the point of National Park status?

We asked Grant Moir, CEO of the Cairngorms National Park Authority, for a statement about these latest two suspicious disappearances and this is what he provided this afternoon:

It’s a strong statement in as much as the CNPA CEO recognises and fully accepts that these wildlife crimes continue in some areas of the National Park, which is in stark contrast to statements made by the grouse shooting industry reps today (more on this later) but it doesn’t offer a solution. It’s more of an exasperated shrug of the shoulders and a heavy reliance on the Scottish Government to respond well to the Werritty Review.

Is that it, then? Is the CNPA so impotent it can do nothing more than bemoan the persistent criminality within its boundary? This has been going on since 2002 (the Park wasn’t formally established until 2003 but we’ve included 2002 data as the area had been mapped by then). This list includes just the crimes we know about. How many more went unreported/undiscovered? How many more will we have to read about before the criminals are held to account?

ILLEGAL RAPTOR PERSECUTION INCIDENTS CAIRNGORMS NATIONAL PARK

2002

Feb: 2 x poisoned buzzards (Carbofuran) + rabbit bait. Tomintoul (No prosecution)

Mar: 2 x poisoned buzzards (Carbofuran) + 2 rabbit baits. Cromdale (No prosecution)

2003

Apr: 3 x poisoned buzzards (Carbofuran) + 2 grey partridge baits. Kingussie (No prosecution)

Jun: Attempted shooting of a hen harrier. Crannoch (Successful prosecution)

2004

May: 1 x poisoned buzzard (Carbofuran). Cuaich (No prosecution)

Nov: 1 x poisoned red kite (Carbofuran). Cromdale (No prosecution)

Dec: 1 x poisoned buzzard (Carbofuran). Cromdale (No prosecution)

2005

Feb: 1 x poisoned buzzard (Carbofuran). Cromdale (No prosecution)

Feb: 1 x poisoned buzzard (Carbofuran). Cromdale (No prosecution)

Mar: 3 x poisoned buzzards, 1 x poisoned raven (Carbofuran). Crathie (No prosecution)

2006

Jan: 1 x poisoned raven (Carbofuran). Dulnain Bridge (No prosecution)

May: 1 x poisoned raven (Mevinphos). Grantown-on-Spey (No prosecution)

May: 1 x poisoned golden eagle (Carbofuran). Morven [corbett] (No prosecution)

May: 1 x poisoned raven + 1 x poisoned common gull (Aldicarb) + egg bait. Glenbuchat (No prosecution)

May: egg bait (Aldicarb). Glenbuchat (No prosecution)

Jun: 1 x poisoned golden eagle (Carbofuran). Glenfeshie (No prosecution)

2007

Jan: 1 x poisoned red kite (Carbofuran). Glenshee (No prosecution)

Apr: Illegally set spring trap. Grantown-on-Spey (No prosecution)

May: Pole trap. Grantown-on-Spey (No prosecution)

May: 1 x poisoned red kite (Carbofuran). Tomintoul (No prosecution)

May: Illegally set spring trap. Grantown-on-Spey (No prosecution)

Jun: 1 x poisoned buzzard (Carbofuran) + rabbit & hare baits. Grantown-on-Spey (No prosecution)

Jun: 1 x poisoned buzzard (Carbofuran) + rabbit bait. Grantown-on-Spey (No prosecution)

Jul: 1 x poisoned raven (Carbofuran). Ballater (No prosecution)

Sep: 1 x shot buzzard. Newtonmore (No prosecution)

Sep: 1 x shot buzzard. Grantown-on-Spey (No prosecution)

Dec: 1 x poisoned buzzard (Alphachloralose). Grantown-on-Spey (No prosecution)

Dec: 1 x poisoned buzzard (Carbofuran) + rabbit bait. Grantown-on-Spey (No prosecution)

2008

Jan: 1 x poisoned buzzard (Alphachloralose). Nr Grantown-on-Spey (No prosecution)

Mar: 1 x poisoned buzzard (Carbofuran). Nr Grantown-on-Spey (No prosecution)

Dec: 1 x poisoned buzzard (Alphachloralose). Nr Grantown-on-Spey (No prosecution)

2009

May: 2 x poisoned ravens (Mevinphos). Delnabo (No prosecution)

Jun: rabbit bait (Mevinphos). nr Tomintoul (No prosecution)

Jun: 1 x shot buzzard. Nr Strathdon (No prosecution)

Jun: 1 x illegal crow trap. Nr Tomintoul (No prosecution)

2010

Apr: Pole trap. Nr Dalwhinnie (No prosecution)

Jun: 1 x pole-trapped goshawk. Nr Dalwhinnie (No prosecution)

Jun: Illegally set spring trap on tree stump. Nr Dalwhinnie (No prosecution)

Sep: 2 x poisoned buzzards (Carbofuran) + rabbit bait. Glenlochy (No prosecution)

Oct: 2 x poisoned buzzards (Carbofuran) + rabbit bait. Nr Boat of Garten (No prosecution)

2011

Jan: 1 x shot buzzard. Nr Bridge of Brown (No prosecution)

Mar: 1 x poisoned golden eagle (Carbofuran). Glenbuchat (No prosecution)

Apr: 1 x poisoned buzzard (Carbofuran & Aldicarb). Nr Bridge of Brown (No prosecution)

May:  1 x poisoned buzzard (Carbofuran) + rabbit bait. Glenbuchat (No prosecution)

May: 1 x shot short-eared owl, found stuffed under rock. Glenbuchat (No prosecution)

Jun: 1 x shot peregrine. Pass of Ballater (No prosecution)

Aug: grouse bait (Aldicarb). Glenlochy (No prosecution)

Sep: Satellite-tagged golden eagle ‘disappears’. Nr Strathdon

Nov: Satellite-tagged golden eagle ‘disappears’. Nr Strathdon

2012

Apr: 1 x shot short-eared owl. Nr Grantown-on-Spey (No prosecution)

Apr: Peregrine nest site burnt out. Glenshee (No prosecution)

May: Buzzard nest shot out. Nr Ballater (No prosecution)

2013

Jan: White-tailed eagle nest tree felled. Invermark (No prosecution)

May: 1 x shot hen harrier. Glen Gairn (No prosecution)

May: Satellite-tagged golden eagle ‘disappears’. Glenbuchat

2014

Apr: Satellite-tagged white-tailed eagle ‘disappears’. Glenbuchat

May: Armed masked men shoot out a goshawk nest. Glen Nochty (No prosecution)

2015

Sep: Satellite-tagged hen harrier ‘Lad’ found dead, suspected shot. Newtonmore (No prosecution)

2016

May: 1 x shot goshawk. Strathdon (No prosecution)

Jun: Illegally set spring traps. Invercauld (No prosecution)

Aug: Satellite-tagged hen harrier ‘Brian’ ‘disappears’. Kingussie

2017

Mar: Satellite-tagged golden eagle #338 ‘disappears’. Glenbuchat

Aug: Satellite-tagged hen harrier ‘Calluna’ ‘disappears’. Ballater

2018

May: Satellite-tagged white-tailed eagle Blue T ‘disappears’. Ballater

Aug: Satellite-tagged hen harrier ‘Athena’ ‘disappears’. Nr Grantown on Spey

Aug: Satellite-tagged hen harrier ‘Margot’ ‘disappears’. Nr Strathdon

Sept: Satellite-tagged hen harrier ‘Stelmaria’ ‘disappears’. Ballater

2019

April: Satellite-tagged hen harrier ‘Marci’ ‘disappears’. Nr Strathdon

April: Four geese poisoned and Carbofuran bait found on an estate nr Kingussie (no prosecution)

August: Golden eagle photographed with a spring trap dangling from its foot, nr Crathie, Deeside

September: Satellite-tagged hen harrier Wildland 1 ‘disappears’ on a grouse moor nr Dalnaspidal

September: Satellite-tagged hen harrier Wildland 2 ‘disappears’ on a grouse moor at Invercauld

2020

April: Satellite-tagged hen harrier Hoolie ‘disappears’ on grouse moor nr Newtonmore

April: Satellite-tagged hen harrier Marlin ‘disappears’ on grouse moor nr Strathdon

In addition to the above list, two recent scientific publications have documented the long-term decline of breeding peregrines on grouse moors in the eastern side of the National Park (see here) and the catastrophic decline of breeding hen harriers, also on grouse moors in the eastern side of the Park (see here).

 

North Yorkshire police warn public of potential poisonous baits at Pateley Bridge

North Yorkshire Police are warning the public of potential poisonous baits at Pateley Bridge in Nidderdale following the suspected poisoning of two dogs in April. [August 2020: See update at foot of blog]

The following message was emailed to members of the local community last week:

This suspected poisoning incident was referred to by the Police in a recent Yorkshire Post article about raptor persecution in the area:

Nidderdale residents will be used to receiving these warnings; there have been several in recent years (e.g. see here, here, here, here, here, here, here) as illegal poisonous baits have been used routinely to kill off red kites inside this AONB and the surrounding area (e.g. see here).

Dog walkers are urged to keep their pets under close control and report anything suspicious to the police. DO NOT HANDLE A SUSPECTED POISONOUS BAIT – some of the chemicals used as poison are so dangerously toxic they have been banned from use in the UK.

UPDATE 1 August 2020: Dog poisoning confirmed in Nidderdale raptor persecution hotspot (here)

General Licence restriction on Leadhills Estate: some fascinating details

In November 2019, Scottish Natural Heritage (SNH) imposed a three-year General Licence restriction on Leadhills Estate in South Lanarkshire following ‘clear evidence from Police Scotland that wildlife crimes had been committed on this estate’ (see here, here, and here).

Those alleged offences included the ‘illegal killing of a short-eared owl, two buzzards and three hen harriers’ that were ‘shot or caught in traps’ on Leadhills Estate since 1 January 2014 (when SNH was first given powers to impose a General Licence restriction). SNH had also claimed that ‘wild birds’ nests had also been disturbed’, although there was no further detail on this. The estate consistently denied responsibility.

[The shot short-eared owl that was found shoved under some heather on the Leadhills Estate grouse moor. Photo by RSPB Scotland]

In December 2019 Leadhills Estate appealed against SNH’s decision to impose the General Licence restriction (see here) but on 31 January 2020 SNH announced that it had rejected the estate’s appeal and the General Licence restriction still stood (see here).

We were really interested in the details of Leadhills Estate’s appeal so a freedom of information request was submitted to SNH to ask for the documents.

The information released by SNH in response is fascinating. Some material hasn’t been released due to what appear to be legitimate police concerns about the flow of intelligence about wildlife crime in the Leadhills area but what has been released provides a real insight to what goes on behind the scenes.

First up is an eight page rebuttal from Leadhills Estate’s lawyers about why it thinks SNH was “manifestly unfair” to impose the General Licence restriction.

Download it here: Leadhills Estate appeal against GL restriction decision

Next comes SNH’s six-page rejection of the estate’s appeal and the reasons for that rejection.

Download it here: SNH rejects Leadhills Estate appeal against GLrestriction

Prepare for some jaw-dropping correspondence from Leadhills Estate’s lawyers, including a discussion about how the raptor workers who found the hen harrier trapped by it’s leg in an illegally-set spring trap next to its nest last year ‘didn’t take steps to assist in the discovery of the suspect, which could have included placing a camera on the nest’.

Are they for real??!! Can you imagine the uproar, had those raptor workers placed a camera pointing at the nest and identified a suspect who was subsequently charged? We’ve all seen how that scenario plays out, with video evidence dismissed as ‘inadmissible’ and the game-shooting lobby leering about the court victory. That Leadhills Estate is now arguing that the failure of the raptor workers to install covert cameras is reason for the estate to avoid a penalty is simply astonishing, although the next time covert video evidence is challenged in a Scottish court it’ll be useful to be able to refer to this estate’s view that such action would be deemed reasonable. Apart from anything else though, those raptor workers were too busy trying to rescue that severely distressed hen harrier from an illegally-set trap:

[The illegally trapped hen harrier. Photo by Scottish Raptor Study Group]

Other gems to be found within this correspondence include the news that a container of an illegal pesticide (Carbosulfan) was found on Leadhills Estate in May 2019 and contributed to SNH’s decision to impose the General Licence restriction (this information has not previously been made public – why not?) and that during a police search of the estate (sometime in 2019 but the actual date has been redacted) the police seized some traps. The details of why those traps were seized has also been redacted but SNH write, ‘Although this in itself does not establish criminality it certainly adds weight to our “loss of confidence” [in the estate]’.

The Estate claims that the alleged impartiality of the witnesses should have some bearing on proceedings but SNH bats this away with ease, saying that the evidence on which the restriction decision was made was provided by Police Scotland and that the partiality of witnesses has not been identified as a significant factor of concern for the police, and thus not for SNH either.

It’s also amusing to see the estate claim ‘full cooperation’ by the estate with police enquiries. SNH points out that this so-called ‘full cooperation’ was actually largely limited to “no comment” interviews!

We don’t get to say this very often but hats off to SNH for treating the estate’s appeal with the disdain which, in our opinion, it thoroughly deserves.

Meanwhile, following SNH’s decision in January to uphold the General Licence restriction on Leadhills Estate due to ‘clear evidence’ of wildlife crime, we’re still waiting for Scottish Land & Estates (SLE) to respond to our enquiries about whether Leadhills Estate is still a member and whether Lord Hopetoun of Leadhills Estate is still Chairman of SLE’s Scottish Moorland Group.

 

Leadhills Estate loses appeal against General Licence restriction

Well this is very welcome news.

The Leadhills (Hopetoun) Estate in South Lanarkshire has lost its appeal to Scottish Natural Heritage (SNH) against a General Licence restriction which had been imposed on the estate after ‘clear evidence of wildlife crime’ was found on the grouse moor.

A quick re-cap:

In late November 2019 Scottish Natural Heritage (SNH) imposed a three-year General Licence restriction on Leadhills Estate, South Lanarkshire, after receiving what it described as “clear evidence” of wildlife crimes from Police Scotland (see herehere and here).

Those alleged offences included the ‘illegal killing of a short-eared owl, two buzzards and three hen harriers’ that were ‘shot or caught in traps’ on Leadhills Estate since 1 January 2014 (when SNH was first given powers to impose a General Licence restriction). SNH had also claimed that ‘wild birds’ nests had also been disturbed’, although there was no further detail on this. The estate has consistently denied responsibility.

[This male hen harrier was found with its leg almost severed, caught in an illegally-set trap next to its nest on Leadhills Estate in 2019. Despite valiant efforts by a top wildlife surgeon, the bird didn’t survive. Photo by Ruth Tingay]

On 10 December 2019 SNH lifted the General Licence restriction due to an on-going appeal by Leadhills Estate against the decision (see here), which meant the estate’s gamekeepers could go back to killing as many so-called ‘pest’ bird species as they liked, under General Licences 1,2 & 3, without any monitoring or reporting requirements whatsoever.

Today, SNH has completed the appeals process and has upheld its original decision to impose the General Licence restriction on Leadhills Estate. SNH issued the following statement:

This General Licence restriction will now remain in place on Leadhills Estate until 26 November 2022, unless the estate tries to challenge SNH’s process via Judicial Review. It means that the estate can continue to kill so-called pest species but it can only do so if SNH grants individual licences to the gamekeepers which will prescribe terms and conditions of use and include a requirement to report on the number and species killed. The estate will also be subject to unnanounced visits by SNH staff to check compliance.

This is a feeble sanction for ‘clear evidence’ of wildlife crime. Although from our point of view it is better than nothing as we can now access any individual licences and the subsequent returns via FoI and gain a better insight in to the extent of [lawful] wildlife killing on this estate.

Of course, had an estate licensing scheme been in place, as recommended by the Werritty Review, Leadhills Estate may well now have been facing a period where it was not permitted to shoot red grouse for a number of years.

Also of great interest to us, now that Leadhills Estate has lost its appeal, is the ongoing relationship between Leadhills (Hopetoun) Estate and Scottish Land & Estates, the moorland owners lobby group in Scotland. We’ve discussed this before (here) – Leadhills is a member of SLE and Lord Hopetoun is Chair of SLE’s Scottish Moorland Group, which is involved in the Gift of Grouse propaganda campaign etc.

We’d like to hear from SLE about whether Leadhills Estate will now be ejected as a member and if not, why not? We’d also like to hear whether Lord Hopetoun will continue as Chair of the Scottish Moorland Group.

Watch this space.

%d bloggers like this: