Gamekeepers caught with banned poisons should receive mandatory jail sentence

Yesterday the Scottish Rural Affairs & Environment Minister, Mairi Gougeon, gave evidence to the cross-party Environment, Climate Change & Land Reform (ECCLR) committee which is currently considering Stage 1 of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill.

We’ll come back to the wider evidence session in another blog because there were some interesting and important discussions but one point raised deserves an immediate reaction:

Possession of banned poisons.

Here’s the mini transcript:

ECCLR Committee Member Rachael Hamilton MSP: I will go back to the categorisation of wildlife offences and the different tiers of the penalty system. We heard evidence that perhaps possession of illegal pesticides should be categorised as a tier 1 offence, because they are currently illegal anyway. Do you have any comments on that point and do you have any plans to have an amnesty on illegal pesticides prior to the bill being passed? People should not possess illegal pesticides anyway, so using them in connection with animal crimes should attract the highest and severest category of penalty.

Environment Minister Mairi Gougeon: That has been the feeling behind that issue. As you said, possession of such pesticides is already illegal and there are offences in place to deal with that individual issue separately. Using such pesticides as part of another offence would attract the higher penalty. As they are already illegal and there are offences attached to them, using them in relation to any other offences could well attract severe penalties.

In relation to your amnesty point, I would be happy to consider looking at the matter.

Scottish Government Wildlife Management Team leader Leia Fitzgerald: Just to clarify, there was a previous amnesty, which was quite successful and resulted in a lot of pesticides being handed in. We could speak to stakeholders about whether that is something that could be done again. We would hope that we got all of what we needed after the last amnesty, but we can look at the matter.

Environment Minister Mairi Gougeon: I will happily get back to the committee and let you know how we get on with that.

ENDS

Is the Scottish Government seriously considering yet another amnesty for banned poisons, which would be the third amnesty in the 15 years since it became an offence to even possess these deadly toxins, let alone use them? (The Possession of Pesticides (Scotland) Order 2005).

The first amnesty took place in 2011 (see here), six years after the ban was first introduced. The second amnesty came four years later in 2015 (see here).

Since then poisoning crimes have certainly dropped in Scotland, probably thanks to the increase in satellite-tagged raptors, whose tags lead researchers to the poisoned corpses that would otherwise remain undetected, and also due to the introduction of vicarious liability legislation in 2012 which made it possible for landowners to be prosecuted for raptor persecution crimes committed by their gamekeeper employees. However, these poisoning crimes haven’t been totally eradicated and we’re still reading reports about illegally-poisoned birds (and some dogs) that have died after ingesting banned poisons in Scotland including some that were killed this year, and some even inside the Cairngorms National Park (e.g. see here, here, here, here, here, here, here, here, here, here, here, here).

[An illegally-poisoned buzzard found on the boundary of a sporting estate in Perthshire. Contributed photo]

How many more chances is the Scottish Government planning on giving to these criminals? How many more get-out-of-jail-free cards will be dished out?

Why can’t the Scottish Government, 15 years on, implement a zero tolerance policy on this vile and primitive crime that not only risks the lives of wildlife and domestic animals but puts humans at risk as well? In the most recent criminal case, a Scottish gamekeeper was found with two cartons containing the banned poison Carbofuran. He was carrying one of these containers in his bum bag – presumably he wasn’t just taking the container out for company every day – and yet 180 schoolchildren were put at risk when they attended the grouse shooting estate on an officially-sanctioned school trip. Can you believe that? The gamekeeper was convicted for possession (along with a litany of other wildlife offences) and received a community payback order. No fine, no jail sentence, no deterrent whatsoever. Compare and contrast to how illegal poisoners are dealt with in Spain (see here, here and here).

The criminals who persist with such reckless activity in Scotland deserve a mandatory custodial sentence – there can be no more excuses, no more discussion and certainly no more amnesties.

Enough.

Special Constables pilot scheme in Cairngorms National Park a waste of time & money

Two and a half years ago, Environment Cabinet Secretary Roseanna Cunningham announced a pilot scheme whereby Police Special Constables would be deployed in the Cairngorms National Park to tackle wildlife crime.

This initiative was one of a number of measures announced in May 2017 in response to the findings of the golden eagle satellite tag review which showed clear evidence of deliberate and sustained illegal raptor persecution, particularly on some driven grouse moors in and around the Cairngorms National Park (CNP).

This RPUK map shows the last known location of satellite-tagged golden eagles that were either found illegally killed or had disappeared in suspicious circumstances in and around the CNP (data from the golden eagle satellite tag review):

Golden eagles are not the only victims of wildlife crime in and around the CNP. This RPUK map below, based mostly on RSPB data, shows raptor persecution incidents between 2005-2016. Only one of these (just outside the CNP boundary on Kildrummy Estate) has resulted in a successful prosecution. With such clear evidence of wildlife crime it’s easy to see why the CNP was chosen as the first location for this pilot scheme.

This pilot scheme was the Government’s alternative to extending the powers of the SSPCA to allow it to investigate a wider suite of wildlife crime (including raptor persecution) – a decision made after six years of Governmental deliberation under five different Environment Ministers.

It also emerged in 2018 that this pilot scheme was an alternative to the Government’s 2016 manifesto pledge to establish a Wildlife Crime Investigation Unit as part of Police Scotland – a pledge on which it has now reneged (see here).

The idea was that the police special constable scheme could be rolled out across Scotland “if judged to be successful” in the CNP, but we weren’t told the criteria that would be used to judge this ‘success’.

The scheme was formally launched in March 2018 (see here) and nothing more was heard of it.

Just over a year later in April 2019 we asked the Cairngorms National Park Authority the following questions about the scheme:

Here’s the response:

So basically after a year of operation, one of the main project partners couldn’t tell us anything about the scheme.

Fast forward six months to November 2019 and Scottish Greens MSP Mark Ruskell thought it was time more questions were asked. Here are his two Parliamentary questions and Roseanna Cunningham’s answers:

S5W-26349 Mark Ruskell (Mid Scotland and Fife) (Scottish Green Party): To ask the Scottish Government how much funding (a) it and (b) the Cairngorms National Park Authority allocated each year to the Wildlife Special Constables pilot project.

Roseanna Cunningham: The Scottish Government agreed to contribute £18,000 and the Cairngorms National Park Authority agreed to provide £10,000 for the Wildlife Special Constables pilot project.

S5W-26346 Mark Ruskell (Mid Scotland and Fife) (Scottish Green Party): To ask the Scottish Government what the outcome was of the Wildlife Special Constables pilot project; how many constables participated each month in this, and how many suspected crimes they reported, also broken down by how many led to subsequent (a) arrests, (b) charges, (c) prosecutions and (d) convictions.

Roseanna Cunningham: a)The Scottish Government is currently undertaking an evaluation of the Special Constable Pilot Project in conjunction with Police Scotland and the Cairngorms National Park Authority. We will announce a decision on the future direction of the project in due course.

b) There were five special constables in the project, employed on a part-time basis.

c) and d) From the information gathered in the review conducted by Police Scotland, there were no recorded crimes reported by the Special Constables during their patrols in the 12 month trial period. However, Special Constables were involved in meeting stakeholders and partners operating within the Cairngorms National Park to build relationships and understand the needs and demands of National Park users which will aid future intelligence gathering.

Gosh, it’s easy to see why the Scottish Government’s evaluation of the pilot scheme is taking so long, what with having to count ZERO reported wildlife crimes.

Meanwhile satellite tagged raptors continue to disappear in suspicious circumstances in the Cairngorms National Park (white-tailed eagle here; hen harrier here; hen harrier here and hen harrier here); birds are still being illegally poisoned in the Cairngorms National Park (here) and birds of prey are still being caught by illegally-set traps in the Cairngorms National Park (golden eagle here).

But it’s ok, nothing to worry about because £28K has just been spent on ‘building relationships and understanding the needs and demands of National Park users’.

FFS.

General Licence restriction at Leadhills Estate: welcome to the Twilight Zone

Earlier this week it was announced that Scottish Natural Heritage (SNH) had finally imposed a three-year General Licence restriction on Leadhills Estate in South Lanarkshire ‘on the basis of evidence provided by Police Scotland of wildlife crime against birds’ (see here).

Before we proceed any further you should be aware that you are now entering the twilight zone, suspended somewhere between reality and fantasy.

[Leadhills Estate, photo by Ruth Tingay]

We’re in that bonkers scenario where despite Police Scotland providing “clear evidence that wildlife crimes have been committed on this property” (according to Nick Halfhide of SNH), the imposition of the General Licence restriction “does not infer responsibility for the commission of crimes on any individuals“. This leaves us on wafer-thin legal ice, not able to state what to us is the bleedin’ obvious for fear of a defamation claim, even though the original intention of Scottish Ministers was to use a General Licence restriction as a “reputational driver“.

General Licence restrictions have been available to SNH (although rarely used) since 1 January 2014, introduced by then Environment Minister Paul Wheelhouse in response to continuing difficulties securing criminal prosecutions for those people still killing birds of prey. Paul instructed SNH to withdraw the use of General Licences (available for legal predator control) on land where crimes against raptors are believed to have taken place but where there was insufficient evidence to instigate criminal proceedings. The decision to withdraw the licence is based on a civil standard of proof which relates to the balance of probability as opposed to the higher standard of proof required for a criminal conviction.

A General Licence restriction is not without its limitations, and has even been described as farcical, particularly as estates can simply apply for an individual licence instead which allows them to continue predator control activities but under slightly closer scrutiny.

The Leadhills Estate and the surrounding area has been at the centre of wildlife crime investigations for decades. According to RSPB Scotland there have been over 60 confirmed raptor persecution incidents uncovered here, but only two successful prosecutions: a gamekeeper convicted for shooting a short-eared owl in 2004 and a gamekeeper convicted for laying poisoned baits out on the moor in 2009.

There have been a number of reported wildlife crimes here in recent years but because SNH isn’t keen on transparency, we don’t know which ones triggered the decision to impose the General Licence restriction. Was it the alleged witnessed shooting of a hen harrier in May 2017; the alleged witnessed shooting of a short-eared owl just a few weeks later and whose body was recovered; the discovery of a buzzard in 2018 that was found to have been shot twice; the filmed buzzard that according to the RSPB was likely killed in a crow trap in January 2019, or was it the discovery of a male hen harrier in May 2019 whose leg was almost severed by an illegally-set trap next to its nest?

We do know, from SNH’s press statement, that SNH believes “there is clear evidence that wildlife crimes have been committed on this property……” which sounds like multiple incidents have informed SNH’s decision to impose the restriction:

And because this is the twilight zone we also need to draw to your attention the Estate’s outright denials of any involvement in any of these alleged crimes – we particularly liked this one, in response to the illegally-trapped hen harrier earlier this year. Bless those little gamekeepers, finding it “very difficult” to cope with repeated crimes carried out by ‘unknown third parties’.

It’s probably just kids in stolen vehicles, right? Riding around the estate in 4 x 4s or on quad bikes, firing shotguns at protected wildlife. Let’s face it, who else would have vehicular access, firearms and a motive for wanting to kill birds of prey? Nope, nobody that we can think of.

Here is a copy of SNH’s restriction notice for Leadhills Estate, for the record:

We’ve got a lot more to say about this particular General Licence restriction but we’ll have to come back to it, hopefully within a few days. There are all sorts of interesting aspects to explore……

UPDATE 2 December 2019: SNH explains decision to impose General Licence restriction on Leadhills Estate (here)

Raptor persecution in Northern Ireland: ten year review and new strategies to tackle these crimes

Press release from the Partnership for Action Against Wildlife Crime Northern Ireland (PAW NI):

Birds of prey to be safeguarded by new technology

Satellite tracking devices are to be fitted onto birds of prey and nesting site surveillance installed, in the latest fight against wildlife crime.

‘Hawk-Eyes’, an advanced technology project, is being launched by the Partnership for Action Against Wildlife Crime Northern Ireland (PAW NI), alongside their ‘10 Years of Persecution’ Report.

The report reveals that from 2009-18, there were a total of 72 incidents of confirmed raptor persecution in Northern Ireland, resulting in the death or injury of 66 birds of prey and the destruction of two nesting sites.

Department of Agriculture, Environment and Rural Affairs (DAERA) Wildlife Officer Dr Jon Lees said buzzards and red kites are amongst the most common victims of persecution: “Sadly, a small proportion of our population still seem to think it’s ok to destroy these magnificent birds at the expense of the environment and the rest of the community.

“Raptors such as buzzards, red kites, peregrine falcons and Sparrowhawks, have been illegally targeted right across Northern Ireland to such an extent some areas are at risk of losing their natural top predators,” explained Dr Lees.

The methods these criminals use, such as poisoned bait, are often highly dangerous, putting livestock, pets and people at risk. These offenders care little for people’s safety. We rely heavily on the vigilance of the public to report these crimes and any evidence to the police or Crimestoppers,” Dr Lees added.

The “Hawk-Eyes” project, is funded and supported by the Department of Justice, – Assets Recovery Community Scheme (ARCS) and run through PAW NI, which brings together government Departments, PSNI and other enforcement agencies, environmental organisations, animal welfare groups and country sports associations with the common goal of combating wildlife crime through publicity, education and campaigning.

Some of the birds’ tracking information will be publicly available on the project website at http://wildlifecrimeni-hawkeyes.com, which will allow people to help protect these special birds by reporting such crimes.

PAW NI encourages people across Northern Ireland to be vigilant. If anyone sees or knows of any wildlife crime, report it to the PSNI by calling 101 or, in an emergency, 999. Crime can be reported anonymously to Crimestoppers on 0800 555 111.

ENDS

The ten year review report (2009-2018) can be downloaded here: PAW NI Raptor Persecution Report 2009 – 2018

The use of technology (nest cameras and satellite tags) in the Hawk Eyes project is very interesting, especially as it’s being funded by the Department of Justice’s Assets Recovery Community Scheme, where proceeds of crimes are distributed to help community projects. It would be great to see this approach repeated in England, Scotland and Wales.

Of most interest to us is that these tags are being deployed primarily to aid the detection of wildlife crime. Typically, up until now the main reason for deploying satellite tags has been as part of an ecological research project – the subsequent detection of wildlife crime hotspots (through the discovery of poisoned/shot/trapped sat tagged birds or the suspicious disappearance of tagged birds) has been a by-product of that research and not its primary aim. This is a very clear change of approach from the PAW NI and its also very pleasing to see that the police are key partners in it. Good stuff.

Will the use of satellite tag technology help to identify the criminals as well as the hotspots? Quite possibly. It doesn’t work in England, Scotland or Wales where there are large game shooting estates and where evidence can be quickly destroyed with relative ease (no witnesses around and thousands of acres in which to hide corpses/tags) and where multiple gamekeepers can hide in the crowd (a prosecution isn’t possible unless an individual suspect is identified) but the situation in Northern Ireland is quite different.

Raptor killing in Northern Ireland isn’t such an ‘organised crime’ as it is in the rest of the UK because there are very few large game shooting estates. It seems to be more localised and opportunistic in Northern Ireland, so the perpetrators aren’t so clued up on how to avoid detection. The deterrent effect of simply knowing that these birds might be tagged may also be significant in Northern Ireland because the raptor killers there won’t have wealthy employers prepared to fork out thousands of pounds for legal defence as they do on the game shooting estates in England and Scotland. The risk of getting caught and being afraid of the consequences might just do the trick in Northern Ireland.

Well done and good luck to the PAW NI team – a lot of people will be watching this project with interest.

Is SNH about to impose a General Licence restriction on Leadhills Estate?

Last week RSPB Scotland published a blog called ‘Why vicarious liability is failing to have an impact in Scotland‘.

Written by Duncan Orr-Ewing, Head of Species & Land Management, it’s the latest in a series, following on from the excellent blog challenging the Scottish Gamekeepers’ ignorance on satellite tags, written by Ian Thomson, Head of Investigations at RSPB Scotland.

Duncan’s blog is well worth a read. It questions the Crown Office’s recent decision not to prosecute anyone for alleged vicarious liability following the conviction of Scottish gamekeeper Alan Wilson for a series of barbaric wildlife crimes on the Longformacus Estate in the Scottish Borders.

It also considers the potential benefits of having the threat of a vicarious liability prosecution, and how this may have driven down the use of illegal poisons as a method of killing raptors, but been replaced by shooting and trapping methods which are much harder to detect.

The really interesting part of the blog, as far as we’re concerned, is the section on the Leadhills Estate in South Lanarkshire. Blog readers will recall this is where a male hen harrier was found with an almost severed leg caught in an illegally-set spring trap next to his nest earlier this summer. Despite the heroic efforts of a number of experts, he didn’t survive. The estate denied all knowledge and responsibility and nobody has been charged.

[The trapped hen harrier found on Leadhills Estate. Photo by Scottish Raptor Study Group]

Regular blog readers will know this poor hen harrier is not the only victim reported from the Leadhills Estate. The list is long and goes back more than a decade (e.g. scroll down this page). Duncan’s blog discusses some of the most recent incidents including the witnessed shooting of a hen harrier in May 2017; the witnessed shooting of a short-eared owl just a few weeks later and whose body was recovered; the discovery of a buzzard in 2018 that was found to have been shot twice; and the filmed buzzard that according to the RSPB was likely killed in a crow trap in January 2019.

Nobody has been charged for any of the above, but significantly, Duncan’s blog says this:

“We are advised that only now is an Open General Licence restriction, another sanction in the public authority wildlife crime “toolbox”, to be imposed here”.

SNH has had the power to impose General Licence restrictions since 1 January 2014. This was instigated by former Environment Minister Paul Wheelhouse in response to continuing difficulties of securing criminal prosecutions and was an instruction to SNH to withdraw the use of the General Licence (available for legal predator control) on land where crimes against raptors are believed to have taken place but where there is insufficient evidence to instigate criminal proceedings. The decision to withdraw the licence is based on the civil standard of proof which relates to the balance of probability as opposed to the higher standard of proof required for a criminal conviction.

This measure is not without its limitations, particularly as estates can simply apply for an individual licence instead which allows them to continue predator control activities but under slightly closer scrutiny.

SNH has only imposed four such restrictions since 2014 – a pathetically small figure when we are aware of at least a dozen other cases where a restriction should have been applied. SNH has claimed it is ‘not in the public interest‘ to explain those failures.

We’ve looked on the SNH website to see whether Leadhills Estate has been listed as having a General Licence restriction imposed (SNH does publicise the details when it imposes the restriction) but so far Leadhills Estate is not named. Potentially the estate has been notified and is currently in the period where it may challenge SNH’s decision, as per the framework for a General Licence restriction.

Watch this space.

UPDATE 26 November 2019: SNH imposes General Licence restriction on Leadhills Estate (here)

Police called as grouse shooting supporters threaten disruption at Packham gig in Harrogate

A small gaggle of anti-Chris Packham pro-grouse shooting protesters turned up in Harrogate last night to demonstrate outside the theatre where Chris Packham was presenting a show to help raise awareness of wildlife in the Nidderdale Area of Outstanding Natural Beauty (AONB).

Much to the bemusement (and amusement) of theatre-goers, the protesters held banners aloft claiming ‘Packham’s lies are destroying moorland communities‘ and ‘Pack it in Packham you are destroying our jobs‘.

Er, no, that’ll be the unidentified criminals in Nidderdale, who not only are poisoning and shooting red kites, hen harriers, buzzards, marsh harriers on Nidderdale grouse moors (as reported by the AONB partnership just last month), but who have also managed to turn the local community against them, all by themselves. Unsurprising really, when according to the Chair of the Nidderdale AONB these crimes are “starting to have a damaging effect on tourism businesses”. 

Here’s a map we produced a while ago showing the boundary of the Nidderdale AONB (yellow line), illegally killed red kites (red dots), missing satellite-tagged hen harriers (orange stars), shot hen harrier Bowland Betty (red star), shot hen harrier River (red triangle, which we now know should be closer to the red star on the Swinton Estate).

According to one of the organisers of Chris’s event at the theatre yesterday, she told us that her social media accounts promoting the event had been “inundated with a relentless list of abusive responses” from those within the game-shooting industry and how shocked she’d been at the “depth of hatred and nastiness” from the pro-shooting trolls. They’ve got a lot to learn about winning friends and influencing people!

It’s not known if any of those abusive trolls were present at the protest last night but she told us that when she went outside to speak to the protesters about their “aggressive chanting” and to ask them to be respectful of theatre-goers she was told that they intended to come inside and disrupt the event to make sure they were heard. The police were called to ensure the protesters didn’t turn violent.

It’s believed a few of them did have tickets to enter the theatre but no trouble was reported. Not even when Chris started talking about Nidderdale’s reputation as being one of the worst raptor-killing hotspots in the entire country; not a claim he’d made up at all but a factual statement that has been robustly evidenced, including by the AONB Partnership’s very own report.

So who were last night’s protesters?

Well, it turns out they’re quite an interesting bunch. According to this website it’s a newly formed group called ‘Campaign 4 Protection of Moorland Communities’. Here’s a copy of the group’s web report about last night’s protest:

Moorland communities protest in Harrogate against unjust attacks on their livelihoods

Demonstrators from the Yorkshire Moorland Communities braved the weather to take a message to BBC Presenter Chris Packham as he arrived at the Royal Hall in Harrogate to give a talk this evening (Saturday, 19th October).

That message could not have been clearer: livelihoods and whole communities are under threat by misleading statements and actions by the likes of Chris Packham.

A famously outspoken critic of driven grouse shooting, the presenter, campaigner and author was met outside the theatre by over 100 fed-up members of the moorland communities, who depend on moorland activities for their livelihoods. They held placards reading “Chris Packham – ignoring science since 04.05.1961!” (Packham’s date of birth), and a large banner declared: “Moorlands are our lives, our livelihood and our community. We stand in unity to protect them.”

Chris Packham and his followers are wilfully misrepresenting facts and distorting clear scientific evidence” said Roy Burrow’s, estate manager at a nearby moorland. “These are large communities who live and work in these uplands, and rely on the moorland for their livelihoods. The simple fact is that stopping grouse shooting, or rewilding the moor, could destroy many local businesses, local livelihoods and the very social fabric that makes the moorlands such a wonderful place to live in and to visit.”

Packham makes no secret of his dislike for grouse shooting, frequently posting about it on social media. He even spoke at last month’s Green Party conference about his campaign to ban driven grouse shooting. However, many argue that the BBC should not allow him to use his platform to promote his personal agenda when there is extensive scientific evidence available to show the environmental and conservational benefits brought from well managed moorlands.

The protestors sang chants including: “From bus drivers to gamekeepers, together we thrive, we need to protect, moorland community lives”.

A spokesperson for The Campaign for the Protection of Moorland Communities, said: “The moorland management system which grouse shooting sustains creates a unique landscape that encourages rare and endangered wildlife, as well as being the foundation of the moorland area’s rural economy. This is reinforced by clear scientific evidence, which is too often wilfully ignored by our opponents. The facts are very clear: without grouse shooting these areas would lose millions of pounds in investment each year causing lives and livelihoods would be destroyed, alongside one of Britain’s most unique habitats. It is disgraceful that a rich celebrity from Hampshire thinks it is okay to dictate to the hard-working people of Yorkshire how we should live our lives. Moorland and other rural communities seem to be the only cultural minority Chris Packham and others think it is okay to abuse. Enough is enough.”

ENDS

It’s ironic that the group accuses Chris of abusing a cultural minority. According to our own research, one of the main instigators behind this new group appears to be someone called Simon Grace, ‘a shooting enthusiast’ from Yorkshire whose activities have previously been promoted by articles in Shooting Times and on the Fieldsports TV website.

Simon Grace’s twitter feed makes for a fascinating read and perhaps explains why he’s managed to attract only four followers since June 2016.

He’s not a racist, homophobic xenophobe abusing cultural minorities. No siree Bob. Not at all.

What is it about game shooting and hunt supporters that attracts the right wing mob? There’s probably a PhD topic there for someone.

RSPB challenges misinformation about satellite tags

This is an excellent blog written by Ian Thomson, Head of Investigations at RSPB Scotland, countering the misinformation (that’s being kind) about satellite tags that is being touted by some in the game shooting industry.

We’ll be writing more on this shortly.

We’ve reproduced Ian’s blog here:

Challenging misinformation about satellite tags

RSPB Scotland’s Head of Investigations Ian Thomson outlines our thoughts on claims made accompanying the launch of a petition regarding satellite tags fitted to raptor species.

One of the greatest conservation tools to emerge in recent years has been satellite-tagging technology. Whether following the journeys of migrating cuckoos or shedding light on the dangers facing UK birds of prey, these tiny pieces of technology are becoming increasingly valuable in the conservationist’s mission to save nature.

As you read this, satellite tags are helping scientists monitor a handful of recently released captive-reared white-rumped vultures in Nepal after the species almost went extinct. It allowed the finding of a turtle dove nest in Suffolk this August, crucial for a species which has declined in the UK by 97% since 1970. Another tag’s data led us to the body of a hen harrier, Rannoch, lying in the heather, her leg caught in an illegal spring trap on a Perthshire grouse moor.

[Hen harrier Rannoch was fitted with a satellite tag at a nest in Perthshire in summer 2017]

A couple of weeks ago the Scottish Gamekeepers Association (SGA), lodged a petition “calling on the Scottish Parliament to urge the Scottish Government to introduce independent monitoring of satellite tags fitted to raptor species, to assist the police and courts in potential wildlife crime cases and to provide data transparency.”

The Scottish Parliament Information Centre (SPICe) briefing about the petition gives a rounded picture of the context.

However, the supporting information provided by the SGA to support their petition contains misleading information which appears to be part of an ongoing and concerted attempt to undermine the credibility of these scientifically-approved tags and the integrity of those monitoring them.

In recent years, various statements the SGA have made in the media (eg. as discussed here) are symptomatic of an organisation in complete denial about the extent of raptor persecution and it’s association with grouse moor management. Indeed, every story about a dead or disappeared satellite-tagged bird of prey on a grouse moor is met with denials, obfuscation or conspiracy theories.

[Rannoch was killed by an illegal trap on a grouse moor in November 2018. Had she not been tagged, this crime would have remained undiscovered]

The RSPB has been involved in the fitting of satellite transmitters, using experienced, trained and licenced taggers, to a wide variety of birds of prey and other species, both in the UK and abroad, for the last 15 years. As a key adviser and contributor to a number of high-profile conservation research projects involving the tagging of bird species across the world, we thought it important to share our experience to put the SGA’s claims into context.

In the UK, all tagging projects require approval from the independent British Trust for Ornithology (BTO)’s Special Methods Panel, who rigorously scrutinise all such proposals on behalf of the UK statutory conservation agencies, including SNH in Scotland, to check their scientific validity and that the welfare of the birds tagged is ensured. The BTO’s process also ensures all projects meet Home Office requirements.

All practitioners must demonstrate experience and capability to undertake this work and this is heavily scrutinised by the Special Methods Panel. Most of those involved with this technique are experienced bird ringers and handlers. An annual licence return is supplied to the BTO by all satellite practitioners for their records, and this is a condition of receiving further licences in the future.

The RSPB also has considerable experience in monitoring the data coming from our own transmitters and in working closely with other individuals and organisations involved in similar projects, notably with regard to development of tag technology, sharing good practice and the analysis of satellite tag data.

We lead on police training on the interpretation of tag data, recently attending key events in Perthshire and Yorkshire in 2019 to ensure that the police and officers from the National Wildlife Crime Unit are equipped to carry out independent scrutiny of tag data. We have also helped ensure that, where satellite-tagged birds of prey are suspected of being illegally killed, relevant tag data is provided to investigating officers as required.

We have assisted the police in numerous follow-up investigations where tagged birds have been illegally killed or have been suspected to have been victims of criminality – as with Rannoch, mentioned above.

In 2017, the government-commissioned review of the fates of satellite-tagged golden eagles concluded that almost a third of young tagged eagles “disappeared (presumably died) under suspicious circumstances” and that “areas managed as grouse moors were strongly associated with the disappearance of many of the tagged eagles”. This independently peer-reviewed study was underpinned by data from tags that researchers from RSPB and several other organisations and agencies had fitted to Scottish golden eagles, and is key evidence that scientifically highlights the ongoing problem of raptor persecution on Scotland’s grouse moors.

Satellite transmitters, all fitted as part of projects licensed by the BTO, have revolutionised the study of bird ecology. They have proved invaluable research tools in understanding the movements of birds, from Asian vultures to English turtle doves, Welsh hen harriers and Scottish golden eagles. They have allowed us to identify important migration staging areas, key nest and roost site locations, allowing us to further protect these birds. They have also allowed recovery of dead birds, enabling post-mortem examinations to take place and identify causes of death which would otherwise remain a mystery. Indeed, they are shining a very bright light on those areas of upland Scotland where raptor persecution continues unabated.

It is unfortunate that the SGA, which has consistently attempted to undermine the veracity of tag data, has also refused to take part in meetings of the partnership for action against wildlife crime (PAW Scotland) since the government’s satellite-tag review was published. Had it done so, perhaps many of the inaccurate statements contained in the briefing document, or in their recent members’ magazine, prepared to accompany the petition would not have appeared.  One can only question their motives.

ENDS

UPDATE 1st July 2022: Scottish Parliament sees sense and closes SGA’s petition seeking ‘Independent monitoring of satellite tags fitted to raptors’ (here).

Pre-Werritty propaganda from grouse shooting industry

As we all continue to wait for the publication of Professor Werritty’s report on driven grouse shooting, the usual suspects have been busy putting together a damage limitation programme to save their sorry necks.

An ‘informal alliance’ has been created under the banner of RELM (Rural Environment Land Management) ‘to help co-ordinate and streamline responses and communications ahead of the publication of the final report‘ and its first offering is this briefing document for MSPs which was distributed by Scottish Land & Estates a couple of weeks ago:

Here’s the intro blurb:

Grouse moor management has been the subject of much attention during the summer period across a range of issues such as the environment and species conservation, satellite tagging and wildlife crime, mountain hares and the start of the season on August 12.

With the Scottish Government’s review into grouse moor management due to be published shortly, rural organisations wished to provide the following update to parliamentarians. We would be pleased to provide additional detail where required.

Ah, how thoughtful. Amusingly, several MSPs have sent us a copy of this briefing document with comments along the lines of ‘You might want to say a few things about this’.

We’re grateful to those MSPs because yes, we do want to say a few things about the document’s contents and we wouldn’t otherwise have had an opportunity had they not shared the briefing with us.

We’re not posting the full briefing document here, yet. Instead we intend to blog about different aspects of it in turn.

Today we’re looking at the page entitled ‘Wildlife Crime’ and its five paragraphs of propaganda:

Propaganda paragraph 1:

Yes, significant media attention does remain focused on wildlife crime, and particularly illegal raptor persecution because everyone else finds it abhorrent and can’t understand why it still goes on and why the grouse shooting industry continues to shield the criminals involved. It’d be interesting to know what, exactly, these five organisations have done to crack down on raptor persecution as part of their claimed ‘full commitment to improving prevention, detection and prosecution’.

Propaganda paragraph 2:

No surprises here. This is a blatant attempt, yet again, to discredit the RSPB’s annual Birdcrime Report which was published a couple of weeks ago and showed that confirmed raptor persecution crimes in Scotland in 2018 had doubled from those recorded in 2017. These cases included a peregrine poisoned in the Pentland Hills, near Edinburgh; a buzzard found to have been shot twice, in South Lanarkshire; a buzzard caught in an illegal trap, in Inverness-shire; and a hen harrier caught in a spring trap in Perthshire. All of these incidents occurred on, or close to, land being managed intensively for driven grouse shooting.

With this level of relentless criminality, it’s no wonder the grouse shooting industry apologists want to infer that the RSPB’s data are ‘unofficial’. Fine. We’ll come back to this later this autumn when the Government publishes its annual wildlife crime report, which we know will include all of the confirmed incidents already reported by the RSPB.

Propaganda paragraph 3:

This is perhaps the most cynical of attempts to downplay the disgusting reality of the criminality still being committed on some driven grouse moors. And the first sentence of paragraph 3 is actually a lie. Not being pursued by Police Scotland? Er, ALL the cases of alleged raptor persecution that have been reported from grouse moors over the last few months are still considered to be live criminal investigations by the Police, according to the investigations officer we spoke to yesterday.

So, the satellite-tagged hen harrier that was found dead on a grouse moor in Strathbraan with an illegal spring trap clamped to its leg – it’s still the subject of a criminal investigation by the police.

The two satellite-tagged golden eagles (Adam and Charlie) that ‘disappeared’ in suspicious circumstances on another grouse moor in Strathbraan, on the same morning as each other – they’re still the subject of a criminal investigation by the police (as are several other alleged offences uncovered during the police search).

The hen harrier that was found caught by its leg in a spring trap that had been set illegally next to its nest on a grouse moor in South Lanarkshire – it’s still the subject of a criminal investigation by the police.

The buzzard that was caught inside a legal cage trap on the same South Lanarkshire grouse moor but was then allegedly beaten to death by someone arriving on a quad bike after dark and using a key to open the padlocked door of the cage – it’s still the subject of a criminal investigation by the police.

The young golden eagle that was photographed flying around in the Cairngorms National Park with an illegal trap clamped to its leg – it’s still the subject of a criminal investigation by the police.

And as for the claim that estates have issued ‘unprecedented and emphatic rebuttals’ – er, there’s nothing unprecedented about that! Estates have always denied any involvement in any of the wildlife crimes that have been uncovered on their land – it’s what they do!

Propaganda paragraph 4:

Ah yes, convicted gamekeeper Alan Wilson, dubbed by the press as ‘Scotland’s worst wildlife killer‘. Yet again, the link between Wilson’s filthy criminal activity uncovered at Henlaw Wood and driven grouse shooting is kept well hidden. Yes, the Longformacus Estate was managed for low ground pheasant shooting but it was also managed for driven grouse shooting – a fact that Scottish Land & Estates doesn’t like to mention!

And speaking of Scottish Land & Estates and it’s so-called ‘full commitment’ to tackling wildlife crime, it still hasn’t said whether the Longformacus Estate was a member at the time these crimes were committed and if so, whether that membership has now been terminated? We asked SLE this question on 22 August 2019. Still waiting for an answer….

Propaganda paragraph 5:

Of course they continue to call for tougher penalties – how can they not? But they know as well as we do that the severity of the penalty is utterly irrelevant if the perpetrators of these crimes can’t even be identified, let alone prosecuted.

And as long as evidence continues to be destroyed and employers continue to shield their criminal employees by instructing them to give ‘no comment’ interviews to the police, nothing will change.

Fortunately, there are more and more savvy MSPs in the Scottish Parliament who have seen through the greenwash and know exactly what’s going on. If you think your MSP isn’t one of those, it’d be worth dropping them an email with a link to this blog.

RSPB’s 2018 Birdcrime report documents relentless raptor persecution on grouse moors

The RSPB has published its latest annual report Birdcrime, documenting known cases of illegal raptor persecution in the UK in 2018. [Follow this link to find the report and additional information]

As ever, it’s grim reading and also as ever, the figures represent an unknown percentage of the actual number of birds that have been illegally killed. We know there are many, many more as these figures don’t include all the satellite-tagged raptors that have been killed and their corpses and tags destroyed to remove any trace evidence.

On the back of the report, the RSPB is calling for three things, quoted as follows:

  • The licensing of driven grouse moors.
    The RSPB believes that the right to shoot should be dependent on legal, sustainable management. Grouse shooting licenses could then be removed if illegal activity is identified, which would act as a deterrent. Law-abiding estates should have nothing to fear from this.
  • A review of grouse shooting.
    An industry that relies on criminal, unsustainable and environmentally damaging practices should not be allowed to continue operating as it currently is. In Scotland, the government has launched a review of grouse moor management and the RSPB would like to see a similar review in the rest of the UK.
  • Transparency, not secrecy: the public have a right to know.
    It is a concern that, particularly in Scotland, some raptor persecution incidents are not made public for many months, or even years, despite the release of such information posing no threat to the integrity of an investigation. The public has a right to know if criminal activity is taking place on their doorstep, especially when, as with poisoning incidents, this poses a risk to public health.

To be perfectly honest, the call for the licensing of driven grouse moors is too little, too late. For many of us the tipping point has now been reached following the recent reports of some truly sadistic and brazen persecution crimes, for example this hen harrier that was caught in an illegally-set spring trap next to his nest on a grouse moor at Leadhills. His leg was almost severed and despite the best efforts of a world-class veterinary specialist, this poor bird didn’t make it.

A licensing system isn’t going to stop the disgusting filthy criminals responsible for this – it’ll be impossible to enforce, just as wildlife protection laws are notoriously difficult to enforce right now. An outright ban on driven grouse shooting will remove the incentive for these crimes, and that’s what we’re calling for. 80,000 people agree (they’ve signed since the petition was launched two weeks ago) but we need 100,000 signatures before Parliament is suspended, as looks likely to happen in a couple of weeks. Please help reach the target and sign the petition here.

The RSPB’s call for a review of grouse shooting is also too little, too late. What do we need another review for? We’ve got decades worth of scientific evidence and hundreds of raptor corpses to know just how damaging driven grouse moor management is, for wildlife, for the environment and for people. Calling for a Werritty-style review will just add further delay to actually dealing with the issue, as we’re currently seeing in Scotland. Just ban it and be done with it (sign the petition if you agree!).

Calling for transparency, not secrecy, over the publication of raptor crimes is something we do support and we’ve been calling for it for years, particularly in Scotland. It’s very noticeable that yet again, in the 2018 poisoning data, the only police force to withhold the name of the poison that’s been used to illegally kill raptors is Police Scotland. All the other forces involved with poisoning investigations have named the poison used.

Having said that, this year (2019) Police Scotland has been a bit more forthcoming about publicising illegal poisoning crimes (e.g. see here and here) although there is still a reluctance to name the poison. But to be fair, Police Scotland has been doing a better job than other public authorities about alerting the public to the dangers (e.g. see here).

Speaking of Scotland, the Birdcrime report shows that 12 confirmed cases were recorded, more than double that recorded in 2017 (take note, Scottish Land & Estates, before you start falsely claiming otherwise). These cases included a peregrine poisoned in the Pentland Hills, near Edinburgh; a buzzard found to have been shot twice, in South Lanarkshire; a buzzard caught in an illegal trap, in Inverness-shire; and a hen harrier caught in a spring trap in Perthshire. All of these incidents occurred on, or close to, land being managed intensively for driven grouse shooting.

And guess what? Not a single one of them has led to a prosecution. Nor has SNH issued a single General Licence restriction order in response to these clear crimes. Even more evidence, as if it were needed, that the Scottish Government, just like the Westminster Government, has no control whatsoever over the rampant raptor-killing savages on many driven grouse moors.

Had enough? SIGN THE PETITION PLEASE.

 

Police warning as red kite confirmed poisoned in Nidderdale AONB

Last October (2018) a dead red kite had been found near Wath, in the Nidderdale Area of Outstanding Natural Beauty (AONB), a notorious raptor persecution black spot.

An x-ray confirmed the kite had been shot and North Yorkshire Police launched an investigation. We blogged about the case here.

It seems that wasn’t the end of the story. Although the x-ray revealed two pieces of shot, these were not considered to have caused the kite’s death so it was sent off for post-mortem and toxicology examination.

The results are now back (10 months on!!) and nobody will be surprised to learn that, like so many other red kites in Nidderdale, this one had not only been shot on two separate occasions, but it had also been poisoned with a concoction of banned pesticides.

North Yorkshire Police has now issued a warning and an appeal for information as follows:

POLICE PESTICIDE WARNING AFTER DEATH OF RED KITE (8 August 2019)

Police have issued a warning about illegal pesticides, after a post-mortem concluded a red kite died as a result of pesticide abuse.

At the end of October 2018 a red kite was found dead in Nidderdale. The finder in this case was the landowner, who was concerned that criminal activity may have taken place on his land.

North Yorkshire Police arranged for the bird to be x-rayed, and this showed there were two pieces of shot in the bird. However, it was not possible to say whether these had caused fatal injuries. Police released details of the incident, and appealed for information from the public.

Officers have now completed their enquiries. The dead bird was subjected to a post mortem, which concluded that the injury caused by one piece of shot was old and had healed. The damage caused by the second piece was recent but was not a fatal injury.

The bird was then submitted to the Wildlife Incident Investigation Scheme, which is administered by Natural England. It was subjected to toxicological tests which found several poisons in the bird. The largest quantity of poison was a substance called bendiocarb, a pesticide which is licenced [sic] for use in the UK. Smaller amounts of two other pesticides, isofenphos and carbofuran, which are both illegal in the UK, were also present. The report concluded that the kite had died as a result of the abuse of several pesticides.

At this time, officers have not received any information to help them identify any suspects. Although the investigation has now concluded, anyone with any information about this incident is asked to contact North Yorkshire Police, quoting reference 12180199938.

A spokesperson for North Yorkshire Police said: “The test results suggest that someone not only has access to two illegal poisons, but is also placing them, along with a legal pesticide, into the environment so that a wild bird has been able to consume them. In addition to being poisoned, the bird had also been shot at least twice during its life.”

Red kites have been successfully re-introduced to Yorkshire, having been extinct as a breeding bird in England, and they are now a familiar sight to people in Nidderdale. All birds are protected by law and it is a crime to intentionally kill, injure, or take any wild bird. If anybody has information about persecution of birds of prey, whether by poisoning or shooting, please call North Yorkshire Police on 101.

Anyone misusing pesticides may also be committing a variety of offences. If you come across an object which you believe may be contaminated with a pesticide or other poisons, please do not handle it. Report the situation immediately to the police giving accurate details of location and why you suspect involvement of a poison.

ENDS

There’s an RSPB blog about this case here.

Interesting to note the suggestion that Bendiocarb is a pesticide that is licensed for use in the UK. Not in Scotland it isn’t – it’s one of eight pesticides that are considered so highly toxic that it’s an offence to even have them in your possession, let alone use them (the others are Aldicarb, Alphachloralose, Aluminium phosphide, Carbofuran, Mevinphos, Sodium cyanide and Strychnine).

When an opportunity arose to have these substances banned in England, the then Wildlife Minister Richard Benyon (owner of grouse moor & pheasant shoot) refused to support such a move (see here).

So, here’s yet another red kite victim to add to all the other red kite victims that have been found either poisoned or shot on or close to grouse moors in the Nidderdale AONB, along with all those missing satellite-tagged hen harriers and two shot hen harriers.

RPUK map showing the boundary of the Nidderdale AONB (yellow line), illegally killed red kites (red dots), missing satellite-tagged hen harriers (orange stars), shot hen harrier Bowland Betty (red star), shot hen harrier River (red triangle).