A court case relating to a Scottish gamekeeper continued at Banff Sheriff Court yesterday.
Terry Lindsay is charged with the alleged taking of a wild bird (raptor) in an illegally-set trap in August 2020.
The case was adjourned until a later date.
As this is a live prosecution, comments won’t be accepted on this blog until the case concludes. Thanks for your understanding.
Forestry and Land Scotland (FLS) has granted a controversial licence permitting Moy Estate gamekeepers, and others from the Three Straths Fox Control Association, to hunt and kill foxes on Scotland’s national forest estate, partly for the benefit of privately-owned grouse shooting estates, including Moy Estate.
This is the same Moy Estate that has been at the centre of police investigations into alleged raptor persecution crimes for over a decade (e.g. see here) and is currently serving a three-year General Licence restriction, imposed by NatureScot, after evidence of wildlife crime (raptor persecution) was again uncovered on the estate.
Wildlife campaigners are understandably furious about this decision, not least because FLS’s own experts strongly advised against it due to, amongst other things, the potential for illegal activity.
Journalist Billy Briggs has written an excellent article, based on Freedom of Information responses I received this autumn. His article is published today by The Ferret (here, behind a pay wall) and also here in The National, as follows:
LICENCES for a foot pack to kill foxes were issued by Forestry and Land Scotland despite strong objections from internal experts who feared there was potential for “illegal activity” and protected species such as badgers to be disturbed.
A foot pack – in contrast to traditional fox hunting with riders on horses – is where a huntsman, accompanied by colleagues acting as beaters, uses hounds to chase foxes out from cover to then be shot.
Critics who want hunting with packs of dogs banned in Scotland are urging Scottish Government ministers to outlaw foot packs as well as mounted hunts.
The Ferret previously revealed that foxes were being chased by hounds and shot by foot packs in forests used by the public.
Our investigation prompted angry responses from wildlife groups who have condemned Forestry and Land Scotland (FLS) once again for issuing more licences. FLS is responsible for managing and promoting Scotland’s national forest estate.
A freedom of information request was submitted to FLS by campaign group, Raptor Persecution. The reply revealed internal discussions at FLS in September and October after Three Straths Fox Control Association (Three Straths) applied for licences for fox control in the south Inverness area.
The documents, passed to The Ferret, showed that FLS experts strongly advised against the foot pack being allowed to hunt.
The licences were issued, however, prompting condemnation by critics. They included the League Against Cruel Sports Scotland which said it was “quite staggering” FLS granted permission in the face of “vehement concerns” by its own staff.
In reply, FLS said it appreciates that fox control is a “contentious issue” but under existing legislation the activity is legal in Scotland and “closely regulated”.
Three Straths told The Ferret it always adheres to the law to “ensure public safety and to avoid non-target species”, adding that it provides a “public service at no cost to the public purse”.
The licence application said Three Straths represented a “number of sporting estates” seeking to hunt foxes on the Moy, Farr, and Dalmagarry estates. Each hunt would typically involve 30 people including local gamekeepers, 20 to 30 guns, 15 hounds and a huntsman.
The hounds are used to flush the fox from cover to a line of waiting guns where the animal is shot.
The foot packs are overseen by a wildlife team at FLS, but some staff still opposed Three Straths’ application.
Internal documents revealed one person wrote: “As a minimum we should request a protocol for how the operators (the foot pack) will deal with encounters with protected species. This was asked for at the last permission request but I have not yet seen it. As discussed before, without this I feel the activity cannot be done without potentially disturbing legally protected species and could lead to an illegal activity.”
They added: “As this is a known activity any disturbance could be classed as reckless under the law and would constitute an offence. FLS as the landowners would also be liable for allowing the activity to take place. Given the risks, lack of mitigation information and lack of rationale for why the activity is needed, I would strongly advise it is not allowed.”
Another expert — a species ecologist — also objected and wrote: “As I [sic] have pointed out several times previously, fox ‘control’ at this time of year has no impact on fox density the following spring. This is a matter of scientific fact. If the intention is to reduce (assumed) fox impacts on the shootable ‘surplus’ of grouse in 2020, it is a pointless exercise.”
They added: “Furthermore, I am not aware of any evidence that these foxes actually eat game birds on adjacent estates. To sanction this controversial activity without any evidence of an actual problem is inadvisable. For the record, and for the reasons I have listed in previous communications, I reiterate my advice that we should not give permission for this activity.”
It was also noted that internal concerns had been raised in previous years regarding requests by Three Straths to hunt, which were “not adequately addressed”.
Staff also pointed out that foxes are “part of the forest ecosystem” and “we should not be unsustainably removing any native species”. They said: “As we have no idea of the current population (no surveys have been undertaken) then effectively this could extirpate foxes on our land. We know foxes play a valuable role in keeping populations of other predators in check and in reducing rabbit and hare populations, thereby reducing damage to restock sites.”
Concerns were also raised over public safety and “verbal assurances” given by Three Straths that hounds would only chase foxes. There was a “real risk” that a bolting fox could go down the entrance to a protected species den or sett to escape the dogs, it was noted, and people firing guns on a badger sett “would be a disturbance in itself”.
Dr Ruth Tingay, of Raptor Persecution, who submitted the freedom of information request, pointed out that Moy Estate is currently serving a three-year general licence restriction, imposed by NatureScot, for wildlife crimes against birds. Moy Estate reportedly said it was extremely disappointed by the decision and would be considering an appeal. [Ed: Moy Estate has already lost its appeal against the General Licence restriction – see here].
Tingay said: “The rationale behind the restriction is that NatureScot can no longer trust Moy Estate to comply with the terms of the general licences after evidence of raptor persecution was provided by Police Scotland.
“So why on earth has FLS entrusted Moy Estate to comply with the terms of a licensed fox hunt, in a public forest, with what looks like minimal oversight and scrutiny? Don’t these licensing agencies talk to one another?”
Bob Elliot, director of the animal welfare charity, OneKind, argued that FLS fox control policy should reflect the views of the Scottish public who “overwhelmingly do not support fox hunting”.
He added: “It is incredibly disappointing to see that once again, despite several serious objections raised internally by Forestry and Land Scotland staff, FLS has granted permission to allow foot packs to kill foxes in Scotland’s public forests this winter.
“We know from our previous freedom of information requests to FLS that many of the concerns raised by FLS staff, including the non-necessity of fox hunting foot packs, the importance of foxes to the ecosystem, and the threat to other wild animals, have in fact been raised before.”
His views were echoed by Robbie Marsland, director of the League Against Cruel Sports Scotland, who said it was “quite staggering that despite vehement concerns” the licenses were issued.
He added: “The situation at FLS is yet another reason why it is imperative the new Hunting with Dogs Bill passes through parliament in the most robust form possible, ensuring hunting with dogs is really banned in Scotland once and for all.
“The existing legislation is so full of loopholes it isn’t worth the paper it’s written on and time and time again we’re seeing those who wish to hunt wild mammals with dogs for fun, simply ignoring the fact this activity is supposed to be illegal.”
A spokesperson for Forestry and Land Scotland said that in “all aspects” of its land management activities it has a duty to “follow the law and existing policies” when considering requests. “Only if there was a change in law and Scottish Government policy would we be in a position to review our procedures,” the spokesperson continued.
‘ORDINARILY FLS only controls foxes to meet specific conservation interests. However, we also appreciate that neighbouring land managers’ priorities might differ from our own and will assist where it is deemed appropriate. We continue to have our own staff monitor fox control activities.”
A spokesperson for Three Straths accused FLS experts of having a “personal bias” against predator control, adding that none of the objectors had come out with the foot pack to witness a hunt for themselves, despite being asked.
“We always have FLS staff out with us on days we are in the forest and in the 25 years I have been involved, not one of them has raised any complaint about our practices,” said the spokesperson. “On the point about controlling foxes at the time of year we do, making no difference. That is nonsense, areas where foxes are controlled all year round have a far smaller fox population and ground nesting birds breed far more successfully because of the control.
“We also used to hunt into the spring and summer on FLS land which did do a lot of good but we were stopped by the same ecologist who quotes that we are hunting at the wrong time of year now. His comment about no evidence to suggest foxes eat ground nesting birds just goes to show how far removed from reality some of these people can be.”
The spokesperson continued and said Three Straths controls foxes for the “good of all ground nesting birds”, not just game birds. “Many of these species are in dire straights [sic] at the moment and need all the help to survive they can get,” they added.
“Upland sporting estates are their last stronghold and their last chance of survival.”
A Scottish Land & Estates spokesperson said: “The predation of wild birds such as capercaillie, black grouse, curlew, golden plover, grey partridge, lapwing and oystercatcher continues to be a huge problem, with widespread declines in populations of these birds across Scotland since the 1960s.
“The control of foxes, alongside other predators such as crows and pine martens, is important in improving the breeding success of these birds. Predator control takes place when it is deemed necessary and in accordance with regulations.”
The Hunting With Dogs (Scotland) Bill – published in February and currently going through the Scottish Parliament – seeks to replace a widely criticised 2002 law which aimed to ban fox hunting in Scotland.
Both Farr Estate and Dalmagarry Estate were asked to comment. We were unable to contact Moy Estate directly so made an indirect approach through Three Straths.
ENDS
This isn’t the first time that a licence permitting fox hunting in public forests around Moy has been a source of controversy. Last year, Freedom of Information requests to FLS by campaigners from animal welfare charity OneKind revealed that FLS staff suspected that gamekeepers were visiting the forests to look for fox dens to block up, which also happened to be beside Schedule 1 raptor nests, some of which have been repeatedly attacked in previous years (see here).
And of course it’s not just FLS turning a blind eye to wildlife crimes uncovered on and around Moy Estate (e.g. see here, here, here).
For anyone who still wants to pretend that the grouse shooting industry isn’t responsible for the systematic extermination of hen harriers on grouse moors across the UK, here’s the latest catalogue of crime that suggests otherwise.
[This male hen harrier died in 2019 after his leg was almost severed in an illegally set trap that had been placed next to his nest on a Scottish grouse moor (see here). Photo by Ruth Tingay]
This is the blog I now publish after every reported killing or suspicious disappearance.
“They disappear in the same way political dissidents in authoritarian dictatorships have disappeared” (Stephen Barlow, 22 January 2021).
Today the list has been updated to include the most recently reported victim, a young satellite-tagged hen harrier called ‘Sia’ that ‘disappeared’ on 10th October 2022 and is the subject of a police investigation (see here).
I’ve been compiling this list only since 2018 because that is the year that the grouse shooting industry ‘leaders’ would have us believe that the criminal persecution of hen harriers had stopped and that these birds were being welcomed back on to the UK’s grouse moors (see here).
This assertion was made shortly before the publication of a devastating new scientific paper that demonstrated that 72% of satellite-tagged hen harriers were confirmed or considered likely to have been illegally killed, and this was ten times more likely to occur over areas of land managed for grouse shooting relative to other land uses (see here).
2018 was also the year that Natural England issued a licence to begin a hen harrier brood meddling trial on grouse moors in northern England. For new blog readers, hen harrier brood meddling is a conservation sham sanctioned by DEFRA as part of its ludicrous ‘Hen Harrier Action Plan‘ and carried out by Natural England (NE), in cahoots with the very industry responsible for the species’ catastrophic decline in England. For more background see here.
Brood meddling has been described as a sort of ‘gentleman’s agreement’ by commentator Stephen Welch:
“I don’t get it, I thought the idea of that scheme was some kind of trade off – a gentleman’s agreement that the birds would be left in peace if they were moved from grouse moors at a certain density. It seems that one party is not keeping their side of the bargain“.
With at least 73 hen harriers gone since 2018, I think it’s fair to say that the grouse shooting industry is simply taking the piss. Meanwhile, Natural England pretends that ‘partnership working’ is the way to go and DEFRA Ministers remain silent.
‘Partnership working’ according to Natural England appears to include authorising the removal of hen harrier chicks from a grouse moor already under investigation by the police for suspected raptor persecution (here) and accepting a £75k bung from representatives of the grouse shooting industry that prevents Natural England from criticising them or the sham brood meddling trial (see here). This is in addition to a £10k bung that Natural England accepted, under the same terms, in 2021 (here).
[Cartoon by Gerard Hobley]
So here’s the latest gruesome list. Note that the majority of these birds (but not all) were fitted with satellite tags. How many more [untagged] harriers have been killed?
February 2018: Hen harrier Saorsa ‘disappeared’ in the Angus Glens in Scotland (here). The Scottish Gamekeepers Association later published wholly inaccurate information claiming the bird had been re-sighted. The RSPB dismissed this as “completely false” (here).
5 February 2018: Hen harrier Marc ‘disappeared’ on a grouse moor in Durham (here).
9 February 2018: Hen harrier Aalin ‘disappeared’ on a grouse moor in Wales (here).
March 2018: Hen harrier Blue ‘disappeared’ in the Lake District National Park (here).
March 2018: Hen harrier Finn ‘disappeared’ near Moffat in Scotland (here).
18 April 2018: Hen harrier Lia ‘disappeared’ in Wales and her corpse was retrieved in a field in May 2018. Cause of death was unconfirmed but police treating death as suspicious (here).
8 August 2018: Hen harrier Hilma ‘disappeared’ on a grouse moor in Northumberland (here).
16 August 2018: Hen harrier Athena ‘disappeared’ on a grouse moor in Scotland (here).
26 August 2018: Hen Harrier Octavia ‘disappeared’ on a grouse moor in the Peak District National Park (here).
29 August 2018: Hen harrier Margot ‘disappeared’ on a grouse moor in Scotland (here).
29 August 2018: Hen Harrier Heulwen ‘disappeared’ on a grouse moor in Wales (here).
3 September 2018: Hen harrier Stelmaria ‘disappeared’ on a grouse moor in Scotland (here).
24 September 2018: Hen harrier Heather ‘disappeared’ on a grouse moor in Scotland (here).
2 October 2018: Hen harrier Mabel ‘disappeared’ on a grouse moor on the edge of the Yorkshire Dales National Park (here).
3 October 2018: Hen Harrier Thor ‘disappeared’ next to a grouse moor in Bowland, Lanacashire (here).
23 October 2018: Hen harrier Tom ‘disappeared’ in South Wales (here).
26 October 2018: Hen harrier Arthur ‘disappeared’ on a grouse moor in the North York Moors National Park (here).
1 November 2018: Hen harrier Barney ‘disappeared’ on Bodmin Moor (here).
10 November 2018: Hen harrier Rannoch ‘disappeared’ on a grouse moor in Scotland (here). Her corpse was found nearby in May 2019 – she’d been killed in an illegally-set spring trap (here).
14 November 2018: Hen harrier River ‘disappeared’ on a grouse moor in the Nidderdale AONB (here). Her corpse was found nearby in April 2019 – she’d been illegally shot (here).
16 January 2019: Hen harrier Vulcan ‘disappeared’ in Wiltshire close to Natural England’s proposed reintroduction site (here).
7 February 2019: Hen harrier Skylar ‘disappeared’ next to a grouse moor in South Lanarkshire (here).
22 April 2019: Hen harrier Marci ‘disappeared’ on a grouse moor in the Cairngorms National Park (here).
26 April 2019: Hen harrier Rain ‘disappeared’ on a grouse moor in Nairnshire (here).
11 May 2019: An untagged male hen harrier was caught in an illegally-set trap next to his nest on a grouse moor in South Lanarkshire. He didn’t survive (here).
7 June 2019: An untagged hen harrier was found dead on a grouse moor in Scotland. A post mortem stated the bird had died as a result of ‘penetrating trauma’ injuries and that this bird had previously been shot (here).
5 September 2019: Wildland Hen Harrier 1 ‘disappeared’ on a grouse moor nr Dalnaspidal on the edge of the Cairngorms National Park (here).
11 September 2019: Hen harrier Romario ‘disappeared’ on a grouse moor in the Cairngorms National Park (here).
14 September 2019: Hen harrier (Brood meddled in 2019, #183704) ‘disappeared’ in the North Pennines (here).
23 September 2019: Hen harrier (Brood meddled in 2019, #55149) ‘disappeared’ in North Pennines (here).
24 September 2019: Wildland Hen Harrier 2 ‘disappeared’ on a grouse moor at Invercauld in the Cairngorms National Park (here).
24 September 2019: Hen harrier Bronwyn ‘disappeared’ near a grouse moor in North Wales (here).
10 October 2019: Hen harrier Ada ‘disappeared’ on a grouse moor in the North Pennines AONB (here).
12 October 2019: Hen harrier Thistle ‘disappeared’ on a grouse moor in Sutherland (here).
18 October 2019: Member of the public reports the witnessed shooting of an untagged male hen harrier on White Syke Hill in North Yorkshire (here).
November 2019: Hen harrier Mary found illegally poisoned on a pheasant shoot in Ireland (here).
14 December 2019: Hen harrier Oscar ‘disappeared’ in Eskdalemuir, south Scotland (here).
January 2020: Members of the public report the witnessed shooting of a male hen harrier on Threshfield Moor in the Yorkshire Dales National Park (here).
23 March 2020: Hen harrier Rosie ‘disappeared’ at an undisclosed roost site in Northumberland (here).
1 April 2020: Hen harrier (Brood meddled in 2019, #183703) ‘disappeared’ in unnamed location, tag intermittent (here).
5 April 2020: Hen harrier Hoolie ‘disappeared’ on a grouse moor in the Cairngorms National Park (here)
8 April 2020: Hen harrier Marlin ‘disappeared’ on a grouse moor in the Cairngorms National Park (here).
19 May 2020: Hen harrier Fingal ‘disappeared’ on a grouse moor in the Lowther Hills, Scotland (here).
21 May 2020: Hen harrier (Brood meddled in 2019, #183701) ‘disappeared’ on a grouse moor in Cumbria shortly after returning from wintering in France (here).
27 May 2020: Hen harrier Silver ‘disappeared’ on a grouse moor on Leadhills Estate, Scotland (here).
2020: day/month unknown: Unnamed male hen harrier breeding on RSPB Geltsdale Reserve, Cumbria ‘disappeared’ while away hunting (here).
9 July 2020: Unnamed female hen harrier (#201118) ‘disappeared’ from an undisclosed site in Northumberland (here).
25 July 2020: Hen harrier Harriet ‘disappeared’ on a grouse moor in the Yorkshire Dales National Park (here).
14 August 2020: Hen harrier Solo ‘disappeared’ in confidential nest area in Lancashire (here).
7 September 2020: Hen harrier Dryad ‘disappeared’ on a grouse moor in the Yorkshire Dales National Park (here).
16 September 2020: Hen harrier Fortune ‘disappeared’ from an undisclosed roost site in Northumberland (here).
19 September 2020: Hen harrier Harold ‘disappeared’ on a grouse moor in the Yorkshire Dales National Park (here).
20 September 2020: Hen harrier (Brood meddled in 2020, #55152) ‘disappeared’ next to a grouse moor in North Yorkshire (here).
24 February 2021: Hen harrier Tarras ‘disappeared’ next to a grouse moor in Northumberland (here)
12th April 2021: Hen harrier Yarrow ‘disappeared’ near Stockton, County Durham (here).
18 May 2021: Adult male hen harrier ‘disappeared’ from its breeding attempt on RSPB Geltsdale Reserve, Cumbria whilst away hunting (here).
18 May 2021: Another adult male hen harrier ‘disappeared’ from its breeding attempt on RSPB Geltsdale Reserve, Cumbria whilst away hunting (here).
24 July 2021: Hen harrier Asta ‘disappeared’ at a ‘confidential site’ in the North Pennines (here). We learned 18 months later that her wings had been ripped off so her tag could be fitted to a crow in an attempt to cover up her death (here).
14th August 2021: Hen harrier Josephine ‘disappeared’ at a ‘confidential site’ in Northumberland (here).
17 September 2021: Hen harrier Reiver ‘disappeared’ in a grouse moor dominated region of Northumberland (here)
24 September 2021: Hen harrier (Brood meddled in 2021, R2-F-1-21) ‘disappeared’ in Northumberland (here).
15 November 2021: Hen harrier (brood meddled in 2020, #R2-F1-20) ‘disappeared’ at the edge of a grouse moor on Arkengarthdale Estate in the Yorkshire Dales National Park (here).
19 November 2021: Hen harrier Val ‘disappeared’ in the Lake District National Park in Cumbria (here).
19 November 2021: Hen harrier Percy ‘disappeared’ in Lothian, Scotland (here).
12 December 2021: Hen harrier Jasmine ‘disappeared’ on a grouse moor (High Rigg Moor on the Middlesmoor Estate) in the Nidderdale AONB in North Yorkshire (here).
9 January 2022: Hen harrier Ethel ‘disappeared’ in Northumberland (here).
26 January 2022: Hen harrier Amelia ‘disappeared’ in Bowland (here).
10 February 2022: An unnamed satellite-tagged hen harrier ‘disappeared’ in a grouse moor dominated area of the Peak District National Park (here).
12 April 2022: Hen harrier ‘Free’ (Tag ID 201121) ‘disappeared’ at a ‘confidential site’ in Cumbria (here).
May 2022: A male breeding hen harrier ‘disappeared’ from a National Trust-owned grouse moor in the Peak District National Park (here).
May 2022: Another breeding male hen harrier ‘disappeared’ from a National Trust-owned grouse moor in the Peak District National Park (here).
14 May 2022: Hen harrier ‘Harvey’ (Tag ID 213844) ‘disappeared’ from a ‘confidential site’ in the North Pennines (here).
10 October 2022: Hen harrier ‘Sia’ ‘disappeared’ near Hamsterley Forest in the North Pennines (here).
To be continued……..
Not one of these 73 incidents has resulted in an arrest, let alone a prosecution. I had thought that when we reached 30 dead/missing hen harriers then the authorities might pretend to be interested and at least say a few words about this national scandal. We’ve now reached SEVENTY THREE hen harriers, and still Govt ministers remain silent. They appear not to give a monkey’s. And yes, there are other things going on in the world, as always. That is not reason enough to ignore this blatant, brazen and systematic destruction of a supposedly protected species, being undertaken to satisfy the greed and bloodlust of a minority of society.
Please consider sending a copy of this list of dead/missing hen harriers to your elected representative. Ask them for their opinion, tell them your opinion, and demand action (politely please). We know where these crimes are happening and we know why they’re happening. The Government’s own data, published three years ago, have provided very clear evidence (see here). MPs need to know how many of us care about this issue and how we will not be fobbed off by disingenuous platitudes from DEFRA Ministers (e.g. see here, here, here and here for repeated recent examples of this).
Not sure who is your MP? Click here to find out.
Don’t be put off by thinking, ‘Well my MP is a grouse shooter, he/she won’t bother responding so why should I bother?’. Do not give these politicians an easy option out. As your elected representative they have a duty to listen to, and respond to, constituents’ concerns, whether they agree with them or not.
If you use social media, please share this post.
If you fancy scribbling a few sentences to your local newspaper or even a national one, please do.
Please talk to friends, family and colleagues about these 73 birds. They will be horrified about what’s being allowed to go on.
We MUST increase public awareness. It’s up to all of us.
Durham Constabulary have reported the suspicious disappearance of a young satellite-tagged hen harrier called ‘Sia’.
[‘Sia’ after being satellite-tagged in southern Scotland earlier this year. The tag was sponsored by the Lothian & Borders Raptor Study Group]
This is the press statement issued yesterday (4th November 2022):
Officers team up with partners in search for missing hen harrier
Officers have teamed up with partner agencies to investigate a suspected case of raptor persecution.
Led by Wildlife Officer, PC Dave Williamson, members of the Barnard Castle Neighbourhood Policing Team, RSPB, the National Wildlife Crime Unit and Police Scotland carried out a search in an area close to Hamsterley Forest on Wednesday morning (November 2).
The activity came after a 2022 female hen harrier called Sia, from Southern Scotland, went missing in the area on October 10 when her tag stopped transmitting.
It is believed the protected species could have been shot down or killed unlawfully.
PC David Williamson, who led the operation, said: “We will always do everything we can to act on information received about alleged criminal activity.
“I would encourage anyone with information about this suspected crime to get in touch.”
If you have any information call 101 quoting incident reference number 79 of October 19, email PC Williamson at david.williamson@durham.police.uk or contact Crimestoppers on 0800 555 111.
ENDS
There’s no detail provided about the last known location of Sia, nor of the area searched last Wednesday, but it’ll come as no surprise to anyone to see that the area next to Hamsterley Forest is intensively managed for driven grouse shooting:
A scientific study published in 2019 showed that hen harriers are ten times more likely to disappear/be killed over areas of land managed for grouse shooting relative to other land uses.
Sia isn’t the first satellite-tagged hen harrier to ‘disappear’ in suspicious circumstances in the North Pennines. Just looking at the data since 2018, there have been seven others:
5 February 2018: Hen harrier Marc ‘disappeared’ on a grouse moor in Durham (here)
14 September 2019: Hen harrier (Brood meddled in 2019, #183704) ‘disappeared’ in the North Pennines (here)
23 September 2019: Hen harrier (Brood meddled in 2019, #55149) ‘disappeared’ in North Pennines (here)
10 October 2019: Hen harrier Ada ‘disappeared’ on a grouse moor in the North Pennines AONB (here)
12th April 2021: Hen harrier Yarrow ‘disappeared’ near Stockton, County Durham (here)
24 July 2021: Hen harrier Asta ‘disappeared’ at a ‘confidential site’ in the North Pennines (here). We learned 18 months later that her wings had been ripped off so her tag could be fitted to a crow in an attempt to cover up her death (here).
14 May 2022: Hen harrier ‘Harvey’ (Tag ID 213844) ‘disappeared’ from a ‘confidential site’ in the North Pennines (here).
And of course, it’s not just the North Pennines where they ‘vanish’. Since 2018, at least 72 hen harriers are known to have either been killed or to have ‘disappeared’ in suspicious circumstances, mostly on or close to grouse moors across the UK. I’ll now have to update that list to 73, and counting.
Why does it keep happening? Simple. Nobody has been caught or prosecuted in any of these 73 cases, the chances of anyone being caught or prosecuted are virtually none existent, and so there is absolutely no deterrent whatsoever to stop this happening again and again and again.
In addition, this systemic criminality is being enabled by a series of DEFRA Ministers who repeatedly and resolutely display wilful blindness at every opportunity (e.g. see here).
This cannot continue.
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)
UPDATE 10th December 2022: Last chance to have your say on Scottish Government’s consultation on grouse moor reform (here)
For anyone who wants to learn more about the life history and ecology of the hen harrier, but has been put off by dry, academic scripts, this is the book for you.
Ian Carter has done a wonderful job of assimilating the scientific knowledge about the hen harrier and presenting it in such an engaging format that you’re left deciding whether to turn the page or grab your coat to go in search of this precious species.
The book’s title is an accurate reflection of the content, explaining what the hen harrier is likely to be doing during each month of the year. The text is beautifully and copiously illustrated by Dan Powell’s watercolours, with additional field notes from Dan.
No book about the hen harrier would be complete without a commentary on the illegal persecution it suffers at the hands of the grouse-shooting industry and Ian provides a good overview of this with a whole chapter entitled ‘Conflict on the Grouse Moor’, cleverly sandwiched between the months of June and July when young hen harriers should be fledging and dispersing had their parents not been targeted by the gamekeepers.
As an aside, prior to this book the main text available for those seeking to learn about the hen harrier was Donald Watson’s classic Poyser monograph, published in 1977, where he, too, wrote about the illegal persecution wrought on this species. It’s very telling that 45 years later, the carnage continues and at such a scale that Ian’s figures on it are already out of date:
“Since 2018, more than 50 birds have been killed or have disappeared in suspicious circumstances (based on reliable data from their tags)” (p.99).
Presumably Ian wrote this text in 2021. One year later and the current number of hen harriers known to have been killed or to have disappeared in suspicious circumstances is 72 (see here).
I’ve followed Ian on Twitter for several years and have admired his clarity of thought and reasoning. This book mirrors that style and he writes with the understated, gentle authority of someone who’s not only read widely, but has also spent time in the field. His description of the ‘appealing ritual’ of attending a communal winter roost in search of harriers in December (p.145-147) will resonate with those who have congregated on the bone-chilling edges of saltwater mashes and fens in the hope of catching a glimpse of the elusive grey ghost.
The Hen Harrier’s Year by Ian Carter and Dan Powell is now available from Pelagic Publishing (here) for £26.
In the last blog post where I wrote about the nine shot birds of prey found wrapped in bags on Millden Estate and just over the estate boundary, I included a quote from Tim Baynes of Scottish Land & Estates, who had written the following in a comment piece for The Field, published in August 2022:
“Raptor persecution has been the stick with which grouse moors were beaten for two decades, but the past five years have seen a sea change. In Scotland, recorded crimes have effectively ceased on grouse moors, and raptors of all species have been increasing“.
I said I’d publish his outrageous comment piece in full, so here it is:
I really shouldn’t be surprised that The Field published this nonsense – that particular shooting industry rag has a track record of publishing patently inaccurate comment pieces (e.g. see here).
And I’m definitely not surprised that the author of this latest gibberish is Tim Baynes – his lengthy track record speaks for itself (for a small selection of the masses of examples see here, here, here, here, here, here, here, here).
Needless to say, his latest claim that raptor persecution on Scottish grouse moors has “effectively ceased” is demonstrably untrue. You’ve only got to read my last blog post to understand this. If that doesn’t convince you, have a look at the General Licence restrictions currently imposed on grouse moor estates after Police Scotland found ‘clear evidence of raptor persecution’ – Leadhills Estate (here), Lochan Estate (here), Leadhills Estate [again] (here), Invercauld Estate (here), and Moy Estate (here).
And if you still need convincing, have a read of the Scottish Government’s Environment Minister’s statement in 2020 when she announced that there could be no further delay to the introduction of a grouse moor licensing scheme because:
“…despite our many attempts to address this issue, every year birds of prey continue to be killed or disappear in suspicious circumstances on or around grouse moors“.
Perhaps Tim Baynes’ perpetual denial of the bleedin’ obvious explains why he is no longer employed as ‘Director of Moorland’ at Scottish Land & Estates:
Hen harrier Asta, a young, satellite-tagged bird being monitored by Natural England, met a brutal and sickening end on a grouse moor in County Durham in March 2021 (see here).
Her wings were ripped off so that her satellite tag and harness could be fitted to a crow, presumably done in an attempt to deceive the authorities that Asta was alive and well, as the satellite tag continued to transmit data as the crow flew around the countryside.
It’s not known if Asta was alive or already dead when her wings were torn off.
The crow was found dead a couple of weeks later in a lowland area of North Yorkshire and a police investigation was launched when it became apparent the tag and harness it was carrying had originally been fitted to Asta, and could only have been removed from her, intact, if her wings had been pulled off.
Thanks to blog reader Alan Gregory (@Barneygregorawg) who has shared these photos of Asta, as he puts it, ‘enjoying her brief life patrolling the Durham moors‘:
The level of depraved brutality involved in this crime is quite shocking, even to those of us who have become hardened to the relentless illegal killing of birds of prey in the UK. It’s virtually impossible not to look at these images of Asta and imagine the horror she faced at the hands of her killer.
The calculated deviousness of whoever committed this crime deserves the full attention of the statutory regulator, Natural England, and widespread publicity about the lengths these criminals will go to hide their ongoing, appalling violence towards this species and other birds of prey.
What we have instead is, 18 months on, Natural England still refusing to draw attention to this crime even though the police investigation has closed. Natural England has been contacted by a number of journalists this week but is refusing to comment about Asta, let alone issue a statement of condemnation, but has quite happily permitted a staff member to appear in a propaganda video put out by the Moorland Association singing the praises of the grouse-shooting industry for its fake tolerance and acceptance of the hen harrier.
And it’s not just this crime that Natural England is shying away from talking about. Since 2018, at least 72 hen harriers have either been illegally killed or have ‘disappeared’ in suspicious circumstances, most of them on or close to driven grouse moors (see here for the list). Many of these birds were tagged and monitored by Natural England. And yet I haven’t seen any statement from Natural England about this appalling figure. Instead, I’ve seen great media prominence given to the number of breeding harriers, the number of chicks fledged, the number of nests brood meddled, and statements from Natural England of ‘great progress‘ being made but no detail provided about how many privately-owned grouse moors have been involved.
Natural England is supposed to be the statutory conservation agency but it is utterly compromised by accepting financial bungs from the shooting industry with a contract clause preventing criticism from Natural England (see here).
It can’t expect to be taken seriously when it continues to avoid talking about the ongoing and illegal killing of this species on driven grouse moors.
[Cartoon by Gill Lewis]
For anyone who still wants to pretend that the grouse shooting industry isn’t responsible for the systematic extermination of hen harriers on grouse moors across the UK, here’s the latest catalogue of crime that suggests otherwise.
[This male hen harrier died in 2019 after his leg was almost severed in an illegally set trap that had been placed next to his nest on a Scottish grouse moor (see here). Photo by Ruth Tingay]
This is the blog I now publish after every reported killing or suspicious disappearance.
“They disappear in the same way political dissidents in authoritarian dictatorships have disappeared” (Stephen Barlow, 22 January 2021).
Today the list has been updated to include the two most recently reported victims, two young satellite-tagged hen harriers that ‘disappeared’ earlier this year, one in Cumbria on 12th April 2022 and one in the North Pennines in May 2022 and are both the subject of a police investigation (see here).
I’ve been compiling this list only since 2018 because that is the year that the grouse shooting industry ‘leaders’ would have us believe that the criminal persecution of hen harriers had stopped and that these birds were being welcomed back on to the UK’s grouse moors (see here).
This assertion was made shortly before the publication of a devastating new scientific paper that demonstrated that 72% of satellite-tagged hen harriers were confirmed or considered likely to have been illegally killed, and this was ten times more likely to occur over areas of land managed for grouse shooting relative to other land uses (see here).
2018 was also the year that Natural England issued a licence to begin a hen harrier brood meddling trial on grouse moors in northern England. For new blog readers, hen harrier brood meddling is a conservation sham sanctioned by DEFRA as part of its ludicrous ‘Hen Harrier Action Plan‘ and carried out by Natural England (NE), in cahoots with the very industry responsible for the species’ catastrophic decline in England. For more background see here.
Brood meddling has been described as a sort of ‘gentleman’s agreement’ by commentator Stephen Welch:
“I don’t get it, I thought the idea of that scheme was some kind of trade off – a gentleman’s agreement that the birds would be left in peace if they were moved from grouse moors at a certain density. It seems that one party is not keeping their side of the bargain“.
With at least 72 hen harriers gone since 2018, I think it’s fair to say that the grouse shooting industry is simply taking the piss. Meanwhile, Natural England pretends that ‘partnership working’ is the way to go and DEFRA Ministers remain silent.
‘Partnership working’ according to Natural England appears to include authorising the removal of hen harrier chicks from a grouse moor already under investigation by the police for suspected raptor persecution (here) and accepting a £75k bung from representatives of the grouse shooting industry that prevents Natural England from criticising them or the sham brood meddling trial (see here). This is in addition to a £10k bung that Natural England accepted, under the same terms, in 2021 (here).
[Cartoon by Gill Lewis]
So here’s the latest gruesome list. Note that the majority of these birds (but not all) were fitted with satellite tags. How many more [untagged] harriers have been killed?
February 2018: Hen harrier Saorsa ‘disappeared’ in the Angus Glens in Scotland (here). The Scottish Gamekeepers Association later published wholly inaccurate information claiming the bird had been re-sighted. The RSPB dismissed this as “completely false” (here).
5 February 2018: Hen harrier Marc ‘disappeared’ on a grouse moor in Durham (here)
9 February 2018: Hen harrier Aalin ‘disappeared’ on a grouse moor in Wales (here)
March 2018: Hen harrier Blue ‘disappeared’ in the Lake District National Park (here)
March 2018: Hen harrier Finn ‘disappeared’ near Moffat in Scotland (here)
18 April 2018: Hen harrier Lia ‘disappeared’ in Wales and her corpse was retrieved in a field in May 2018. Cause of death was unconfirmed but police treating death as suspicious (here)
8 August 2018: Hen harrier Hilma ‘disappeared’ on a grouse moor in Northumberland (here).
16 August 2018: Hen harrier Athena ‘disappeared’ on a grouse moor in Scotland (here)
26 August 2018: Hen Harrier Octavia ‘disappeared’ on a grouse moor in the Peak District National Park (here)
29 August 2018: Hen harrier Margot ‘disappeared’ on a grouse moor in Scotland (here)
29 August 2018: Hen Harrier Heulwen ‘disappeared’ on a grouse moor in Wales (here)
3 September 2018: Hen harrier Stelmaria ‘disappeared’ on a grouse moor in Scotland (here)
24 September 2018: Hen harrier Heather ‘disappeared’ on a grouse moor in Scotland (here)
2 October 2018: Hen harrier Mabel ‘disappeared’ on a grouse moor on the edge of the Yorkshire Dales National Park (here)
3 October 2018: Hen Harrier Thor ‘disappeared’ next to a grouse moor in Bowland, Lanacashire (here)
23 October 2018: Hen harrier Tom ‘disappeared’ in South Wales (here)
26 October 2018: Hen harrier Arthur ‘disappeared’ on a grouse moor in the North York Moors National Park (here)
1 November 2018: Hen harrier Barney ‘disappeared’ on Bodmin Moor (here)
10 November 2018: Hen harrier Rannoch ‘disappeared’ on a grouse moor in Scotland (here). Her corpse was found nearby in May 2019 – she’d been killed in an illegally-set spring trap (here).
14 November 2018: Hen harrier River ‘disappeared’ on a grouse moor in the Nidderdale AONB (here). Her corpse was found nearby in April 2019 – she’d been illegally shot (here).
16 January 2019: Hen harrier Vulcan ‘disappeared’ in Wiltshire close to Natural England’s proposed reintroduction site (here)
7 February 2019: Hen harrier Skylar ‘disappeared’ next to a grouse moor in South Lanarkshire (here)
22 April 2019: Hen harrier Marci ‘disappeared’ on a grouse moor in the Cairngorms National Park (here)
26 April 2019: Hen harrier Rain ‘disappeared’ on a grouse moor in Nairnshire (here)
11 May 2019: An untagged male hen harrier was caught in an illegally-set trap next to his nest on a grouse moor in South Lanarkshire. He didn’t survive (here)
7 June 2019: An untagged hen harrier was found dead on a grouse moor in Scotland. A post mortem stated the bird had died as a result of ‘penetrating trauma’ injuries and that this bird had previously been shot (here)
5 September 2019: Wildland Hen Harrier 1 ‘disappeared’ on a grouse moor nr Dalnaspidal on the edge of the Cairngorms National Park (here)
11 September 2019: Hen harrier Romario ‘disappeared’ on a grouse moor in the Cairngorms National Park (here)
14 September 2019: Hen harrier (Brood meddled in 2019, #183704) ‘disappeared’ in the North Pennines (here)
23 September 2019: Hen harrier (Brood meddled in 2019, #55149) ‘disappeared’ in North Pennines (here)
24 September 2019: Wildland Hen Harrier 2 ‘disappeared’ on a grouse moor at Invercauld in the Cairngorms National Park (here)
24 September 2019: Hen harrier Bronwyn ‘disappeared’ near a grouse moor in North Wales (here)
10 October 2019: Hen harrier Ada ‘disappeared’ on a grouse moor in the North Pennines AONB (here)
12 October 2019: Hen harrier Thistle ‘disappeared’ on a grouse moor in Sutherland (here)
18 October 2019: Member of the public reports the witnessed shooting of an untagged male hen harrier on White Syke Hill in North Yorkshire (here)
November 2019: Hen harrier Mary found illegally poisoned on a pheasant shoot in Ireland (here)
14 December 2019: Hen harrier Oscar ‘disappeared’ in Eskdalemuir, south Scotland (here)
January 2020: Members of the public report the witnessed shooting of a male hen harrier on Threshfield Moor in the Yorkshire Dales National Park (here)
23 March 2020: Hen harrier Rosie ‘disappeared’ at an undisclosed roost site in Northumberland (here)
1 April 2020: Hen harrier (Brood meddled in 2019, #183703) ‘disappeared’ in unnamed location, tag intermittent (here)
5 April 2020: Hen harrier Hoolie ‘disappeared’ on a grouse moor in the Cairngorms National Park (here)
8 April 2020: Hen harrier Marlin ‘disappeared’ on a grouse moor in the Cairngorms National Park (here)
19 May 2020: Hen harrier Fingal ‘disappeared’ on a grouse moor in the Lowther Hills, Scotland (here)
21 May 2020: Hen harrier (Brood meddled in 2019, #183701) ‘disappeared’ on a grouse moor in Cumbria shortly after returning from wintering in France (here)
27 May 2020: Hen harrier Silver ‘disappeared’ on a grouse moor on Leadhills Estate, Scotland (here)
2020: day/month unknown: Unnamed male hen harrier breeding on RSPB Geltsdale Reserve, Cumbria ‘disappeared’ while away hunting (here)
9 July 2020: Unnamed female hen harrier (#201118) ‘disappeared’ from an undisclosed site in Northumberland (here).
25 July 2020: Hen harrier Harriet ‘disappeared’ on a grouse moor in the Yorkshire Dales National Park (here)
14 August 2020: Hen harrier Solo ‘disappeared’ in confidential nest area in Lancashire (here)
7 September 2020: Hen harrier Dryad ‘disappeared’ on a grouse moor in the Yorkshire Dales National Park (here)
16 September 2020: Hen harrier Fortune ‘disappeared’ from an undisclosed roost site in Northumberland (here)
19 September 2020: Hen harrier Harold ‘disappeared’ on a grouse moor in the Yorkshire Dales National Park (here)
20 September 2020: Hen harrier (Brood meddled in 2020, #55152) ‘disappeared’ next to a grouse moor in North Yorkshire (here)
24 February 2021: Hen harrier Tarras ‘disappeared’ next to a grouse moor in Northumberland (here)
12th April 2021: Hen harrier Yarrow ‘disappeared’ near Stockton, County Durham (here)
18 May 2021: Adult male hen harrier ‘disappeared’ from its breeding attempt on RSPB Geltsdale Reserve, Cumbria whilst away hunting (here)
18 May 2021: Another adult male hen harrier ‘disappeared’ from its breeding attempt on RSPB Geltsdale Reserve, Cumbria whilst away hunting (here)
24 July 2021: Hen harrier Asta ‘disappeared’ at a ‘confidential site’ in the North Pennines (here). We learned 18 months later that her wings had been ripped off so her tag could be fitted to a crow in an attempt to cover up her death (here).
14th August 2021: Hen harrier Josephine ‘disappeared’ at a ‘confidential site’ in Northumberland (here)
17 September 2021: Hen harrier Reiver ‘disappeared’ in a grouse moor dominated region of Northumberland (here)
24 September 2021: Hen harrier (Brood meddled in 2021, R2-F-1-21) ‘disappeared’ in Northumberland (here)
15 November 2021: Hen harrier (brood meddled in 2020, #R2-F1-20) ‘disappeared’ at the edge of a grouse moor on Arkengarthdale Estate in the Yorkshire Dales National Park (here)
19 November 2021: Hen harrier Val ‘disappeared’ in the Lake District National Park in Cumbria (here)
19 November 2021: Hen harrier Percy ‘disappeared’ in Lothian, Scotland (here)
12 December 2021: Hen harrier Jasmine ‘disappeared’ on a grouse moor (High Rigg Moor on the Middlesmoor Estate) in the Nidderdale AONB in North Yorkshire (here)
9 January 2022: Hen harrier Ethel ‘disappeared’ in Northumberland (here)
26 January 2022: Hen harrier Amelia ‘disappeared’ in Bowland (here)
10 February 2022: An unnamed satellite-tagged hen harrier ‘disappeared’ in a grouse moor dominated area of the Peak District National Park (here)
12 April 2022: Hen harrier ‘Free’ (Tag ID 201121) ‘disappeared’ at a ‘confidential site’ in Cumbria (here).
May 2022: A male breeding hen harrier ‘disappeared’ from a National Trust-owned grouse moor in the Peak District National Park (here).
May 2022: Another breeding male hen harrier ‘disappeared’ from a National Trust-owned grouse moor in the Peak District National Park (here)
14 May 2022: Hen harrier ‘Harvey’ (Tag ID 213844) ‘disappeared’ from a ‘confidential site’ in the North Pennines (here).
To be continued……..
Not one of these 72 incidents has resulted in an arrest, let alone a prosecution. I had thought that when we reached 30 dead/missing hen harriers then the authorities might pretend to be interested and at least say a few words about this national scandal. We’ve now reached SEVENTY TWO hen harriers, and still Govt ministers remain silent. They appear not to give a monkey’s. And yes, there are other things going on in the world, as always. That is not reason enough to ignore this blatant, brazen and systematic destruction of a supposedly protected species, being undertaken to satisfy the greed and bloodlust of a minority of society.
Please consider sending a copy of this list of dead/missing hen harriers to your elected representative. Ask them for their opinion, tell them your opinion, and demand action (politely please). We know where these crimes are happening and we know why they’re happening. The Government’s own data, published three years ago, have provided very clear evidence (see here). MPs need to know how many of us care about this issue and how we will not be fobbed off by disingenuous platitudes from DEFRA Ministers (e.g. see here, here, here and here for repeated recent examples of this).
Not sure who is your MP? Click here to find out.
Don’t be put off by thinking, ‘Well my MP is a grouse shooter, he/she won’t bother responding so why should I bother?’. Do not give these politicians an easy option out. As your elected representative they have a duty to listen to, and respond to, constituents’ concerns, whether they agree with them or not.
If you use social media, please share this post.
If you fancy scribbling a few sentences to your local newspaper or even a national one, please do.
Please talk to friends, family and colleagues about these 72 birds. They will be horrified about what’s being allowed to go on.
We MUST increase public awareness. It’s up to all of us.
Moy Estate in the Scottish Highlands has lost its appeal against a General Licence restriction that was imposed on the estate in June 2022 (see here) after Police Scotland provided the licensing authority (NatureScot) with evidence of wildlife crime against birds of prey on the estate, notably the discovery of a poisoned red kite in 2020 and ‘incidents in relation to trapping offences’.
[RPUK map showing Moy Estate boundary, based on information provided by Andy Wightman’s website, Who Owns Scotland]
Regular blog readers will know that the three-year General Licence restriction on Moy Estate took effect on 21st June 2022, prohibiting the use of General Licences 01, 02 and 03 on the estate until 21st June 2025.
However, the estate appealed the restriction (as is permitted by NatureScot’s restriction process) in July and the official ‘restriction notice’ was temporarily removed from NatureScot’s website whilst the appeal was underway.
It’s all a massive farce, of course, because the estate has already had one opportunity to appeal the decision, as part of the formal restriction process. I.E. NatureScot has to provide a written ‘notification’ to an estate when a restriction has been recommended, but before the final decision has been made. The estate then has 14 days to respond (appeal) and explain why the restriction is unwarranted. On receipt of that appeal, Naturescot makes its final decision and if it’s decided to go ahead and impose the General Licence restriction, then the estate is given ANOTHER opportunity to appeal the decision within 14 days.
I don’t have the details of Moy Estate’s appeal(s) because when I asked for similar documents relating to an appeal by Leadhills Estate against its second General Licence restriction last year, NatureScot came under pressure from the solicitor representing the estate who argued that the information was ‘of a sensitive nature and disclosure into the public domain ‘may prejudice the right to any future proceedings’. NatureScot upheld that view and refused to disclose the details of the appeal (see here). Given that the same solicitor is believed to be representing Moy Estate, I haven’t wasted my time by applying for the details, although I’d suggest, given the hilarious appeal that Leadhills Estate made against its first GL restriction (see here) that the real reason for withholding the information of any similar appeals is to avoid the embarrassment of having the laughable appeal letter torn to shreds by public scrutiny.
No matter really, because it’s NatureScot’s response to the appeal that’s really of interest, and in this case, Moy Estate’s appeal has failed and as of last week, the official restriction notice is back on public view on NatureScot’s website:
There’ll be more news from Moy next month when a man appears in court to face charges concerning the alleged shooting of a sparrowhawk.
Raptor Persecution UK 