Category: News

Forestry and Land Scotland issues controversial licence permitting Moy Estate gamekeepers to hunt foxes in public forests

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.

This is a map I produced a few years ago showing reported raptor persecution incidents in the region between 2005-2016. There have been many more since.

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.

Map showing the woodland where FLS has permitted the hunting & killing of foxes during the 2022-2023 season. Released to RPUK under FoI.

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).

Last chance to have your say on Scottish Government’s consultation on grouse moor reform

In October this year, the Scottish Government finally launched a consultation seeking the public’s views on its plans for grouse moor reform. The consultation closes on Wednesday 14th December 2022, so this is your final chance to provide your views on what is being proposed.

Proposals under the Wildlife Management (Grouse) Bill include plans to introduce a licensing scheme for grouse shoots, muirburn licensing and increased regulation on the use of traps used to kill so-called ‘pest’ species on grouse moors.

To say that driven grouse moor reform is long overdue is somewhat of an understatement. This ‘sport’ has been virtually unregulated since it began approx 150 years ago and much of what happened in the Edwardian and Victorian age still goes on today (albeit more intensively and commercially in many areas) including the illegal killing of birds of prey, which is the principle reason the Scottish Government has finally decided to act.

The campaign to get to this stage has been long and brutal and has come at a high personal cost to many of the individuals involved. It has been a hard-fought battle and this is why it’s so important that people now take part in the consultation process. The grouse-shooting lobby is urging its members to contribute – I’ve been sent a copy of how they are intending to respond, which includes ludicrous claims about there being ‘insufficient evidence’ of high levels of raptor persecution on grouse moors (I know!!). I’ll share their response in a separate blog but it highlights why we need to show a strong response in support of the Government’s licensing proposals.

That’s not to say the licensing proposals are perfect – they’re not – but this is our opportunity to make sure that they can be as watertight as possible.

I’m aware that some campaigners on ‘our side’ are very unhappy that licensing is coming in; they would prefer to see an outright ban on driven grouse shooting. That’s a view I understand but right now, a ban is not on the table. It’s either a licensing scheme or the status quo. Those are the two options. If licensing proves to be ineffective, then the campaign for a total ban will be strengthened. Maintaining the status quo is unthinkable, so let’s be pragmatic and work to secure the best standard of licensing that we can get.

The consultation is easy to respond to and anyone can participate – you don’t need to be a member of an organisation, your view as an informed member of the public is just as valid.

REVIVE, the coalition for grouse moor reform, has provided an easy supporter’s guide to help you complete the consultation – see here.

Most of it is a tick-box exercise, but there are also sections where space is provided for you to add your own comments. REVIVE has listed some suggested topics that you may wish to include, but has deliberately not provided statements for cut and paste. It’s important that you use your own words to have greater impact – if everyone submitted identical responses, the Government is likely to lump them all together and count them as a single response instead of the views of many individuals.

I’ll be submitting my own personal response this weekend. As mentioned above, I’m generally in support of the principle of licensing but I do have concerns about effective enforcement. Without that, a licensing scheme will be utterly pointless. I will be urging the Scottish Government to introduce a licensing fee that is sufficient to fund rigorous and effective compliance monitoring and enforcement, and to implement that fee now rather than later, as has been proposed.

I’m also deeply concerned that the proposed licensing scheme excludes the shooting of red-legged partridges and pheasants on land managed for grouse shooting, and instead focuses just on the shooting of red grouse. There is an increasing body of evidence that demonstrates red-legged partridges (RLPs), and to a lesser extent, pheasants, are being released on grouse moors for shooting, either as a proxy for red grouse (in low stock years) or as an additional target species to boost income. When the grouse shooting licence scheme is introduced, it would be very simple for shoot managers to switch from shooting red grouse to shooting RPLs, thus side-stepping the licence (which is currently red grouse specific) and continuing with the very activities that this licencing scheme seeks to end (illegal raptor persecution). It’s a gaping loophole that needs to be closed off before it is exploited.

[This photograph was taken on Buccleuch Estate earlier this year]

For those who haven’t yet read the Government’s proposals, you can do so here:

Click to access wildlife-management-scotland-consultation_oct2022.pdf

If you want to use REVIVE’s guide for responding to the consultation, please click here.

Remember, the consultation closes on Wednesday 14th December 2022.

Thank you for your help and support.

UPDATE 12th December 2022: Don’t laugh, but here is the grouse-shooters’ consultation response to licensing (here)

UPDATE 13th December 2022: ‘Golden opportunity to tackle bird of prey killings & stop peatland burning in Scotland’ – RSPB blog on grouse moor licensing (here)

Another DEFRA Minister pretends to be tackling high levels of raptor persecution

A couple of weeks ago the RSPB published its latest annual Birdcrime report (2021), which showed that England had the second-highest record of raptor crimes since recording began (see here).

It was noted that yet again, over two thirds (71%) of all confirmed incidents of raptor persecution took place on land managed for gamebird shooting, where birds of prey are seen by some as a threat to gamebird stocks and illegally killed.

The Birdcrime report prompted a Parliamentary question from Holly Mumby-Croft MP as follows:

This was answered two days ago by the latest Parliamentary Under Secretary of State at DEFRA, Trudy Harrison MP, as follows:

Regular blog readers will know that this is just yet another DEFRA Minister trotting out the same tediously-predictable guff designed to look as though DEFRA has the raptor persecution issue under control.

We’ve heard virtually identical responses from previous DEFRA Ministers, e.g. see this from Environment Minister Rebecca Pow in September 2021, and this from Richard Benyon in February 2022, and this from Rebecca Pow in February 2022, and this from Richard Benyon in April 2022. And now the same again from Minister Trudy Harrison.

As I’ve said many times before, there’s a running theme in these responses which, under closer scrutiny, does not stand up as evidence that DEFRA is tackling the issue, let alone acknowledging it.

For example, yes, custodial sentences are available for these crimes but they have never once been applied to raptor-killing criminals in England, and only once in Scotland, and that was eight years ago.

And yes, DEFRA supports the sham-partnership that is the Raptor Persecution Priority Delivery Group (RPPDG) that has been in place since 2011 but it’s a group that has delivered precisely nothing of any use and is currently without a Chair because the position is so toxic and career-damaging that no senior police officer wants to take it on. The last Chair, Inspector Matt Hagen, stepped down after he was told he was not allowed to talk to the press about raptor crime. This ridiculous constraint was prompted by an interview he gave to National Geographic last year (here) in which his brutal honesty laid bare the scale of the problem.

I did note something new in this latest DEFRA response though – that it has provided funding to develop DNA analysis to help support investigations into peregrine theft. That’s good, but it doesn’t tackle the issue of the illegal poisoning and shooting of peregrines on and around driven grouse moors, a serious threat that is so widespread it is affecting the population distribution and has been known since at least 2011 and has been highlighted many times since (e.g. see here).

When will DEFRA Ministers stop pretending, stop with the wilful blindness, and start tackling these crimes?

General licence restriction to be considered on grouse moor where poisoned red kite & bait found

Further to yesterday’s blog about the discovery of a poisoned Red Kite, found in close proximity to a poisoned bait (a Lapwing) on Dava Moor in May 2021 (see here), there has been a development.

In yesterday’s blog I mentioned that I was curious about why, 19 months after the crime was discovered, there hadn’t been a General Licence restriction imposed on this grouse moor.

I’ve been in touch with NatureScot about this and they’ve confirmed that they didn’t know the investigation had concluded but now that they do know that, they’ll be contacting Police Scotland and requesting the documentation on this case, which NatureScot will consider under the General Licence Restriction Framework to see whether the threshold for a restriction notice has been met.

Excellent news, well done NatureScot.

Given the lengthy procedure involved under the Framework, including giving the landowner/shoot operator an opportunity to provide a defence, we won’t hear about the decision until well into the New Year.

UPDATE 17th January 2023: Police Scotland confirm red kite found poisoned on grouse moor had been killed with banned pesticide (here)

Red kite poisoned on grouse moor -Police Scotland withhold information

A young satellite-tagged Red Kite has been found poisoned on a Scottish grouse moor, lying next to a poisoned bait, in this case, a Lapwing, whose corpse had been cut open to entice any passing predator and to allow for easy access to the poison.

This gruesome discovery was made by a member of the public on 20th May 2021 on Dava Moor, just beyond the boundary of the Cairngorms National Park.

The Red Kite had hatched in a nest near Grantown on Spey in 2020. This nest was only the second to be located in Badenoch & Strathspey; the first pair at nearby Cromdale disappeared after just one successful breeding season. That only two nests have been located in Badenoch & Strathspey, 32 years after the start of the re-introduction of red kites to the Black Isle, speaks volumes of the ongoing illegal persecution in this region, as noted in a scientific study published in 2016 (here).

Police Scotland attended the scene of the poisoning and collected the Red Kite and the Lapwing for toxicology analysis. They also conducted a search of the grouse moor the following week. Toxicology tests confirmed the presence of poison in both the Kite and the Lapwing.

Sixteen months later in September 2022, Police Scotland notified the member of the public that ‘enquiries are complete, nobody has been charged and the case is now closed‘.

So where was the Police Scotland press release about this serious wildlife crime?

Where was the appeal for information about this serious wildlife crime?

Why has the name of the poison been withheld? Given the proximity of the poisoned Red Kite to the poisoned bait, we can assume it was a fast-acting, highly toxic poison, dangerous to humans as well as to wildlife. Was it one of the eight poisons (Aldicarb, Alphachloralose, Aluminium phosphide,  Bendiocarb, Carbofuran, Mevinphos and Sodium cyanide and Strychnine) banned under the Possession of Pesticides (Scotland) Order 2005, so dangerous it’s even an offence to be in possession of these chemicals, let alone to place them out on a bait in the open countryside?

Where was the warning to both locals and visitors to the area from Police Scotland about this serious threat to public safety?

Who benefits from this secrecy? Not the public, that’s for sure, and not wildlife.

Police Scotland has form for withholding information about raptor persecution crimes (e.g. see here, here, here, here). It’s noticeable that yet again, in the RSPB’s latest Birdcrime Report (2021), Police Scotland is the only force (with the exception of Dorset Police – on which more shortly) to withhold details of crimes that took place over a year ago.

I don’t know who’s making these decisions – I doubt very much it’s the wildlife crime officers on the ground, most of whom these days are undertaking prompt and rigorous investigations – but somewhere up the chain of command a decision appears to have been made to keep these serious crimes under wraps. Why is that?

I don’t understand the rationale at all. Certainly, in the early stages of an investigation it often pays for details to be withheld so as not to compromise searches etc. But sixteen months after the crime is discovered? It doesn’t make sense, and all it does is undermine public confidence.

I’d also like to know why a General Licence restriction hasn’t been imposed on Dava Moor. I understand from conversations with locals that somebody other than the landowner may be responsible for the ‘sporting management’ of Dava Moor. I’ve been told who that is by a number of people but have been unable to verify it so I’m not publishing it here. Nevertheless, at least two General Licence restrictions have previously been applied on landholdings that were ‘managed’ by someone other than the landowner so that shouldn’t be a barrier to imposing a restriction in this case.

And this isn’t the only illegal poisoning incident that Police Scotland are withholding from the public…more shortly.

UPDATE 6th December 2022: General Licence restriction to be considered on grouse moor where poisoned red kite and bait found (here)

UPDATE 2nd January 2023: Raven poisoned with banned chemicals – Police Scotland withhold information (here)

UPDATE 17th January 2023: Police Scotland confirm red kite found poisoned on grouse moor had been killed with banned pesticide (here)

Record high wildlife crime levels could be worsened by new legislation, warn wildlife campaigners

Press release from Wildlife & Countryside LINK (29th November 2022):

Record high wildlife crime levels could be worsened by new Government law, warn wildlife campaigners

*Figures collected annually by nature organisations reveal that wildlife crime rates remained stubbornly high in 2021, following record highs in 2020

*Convictions for most wildlife crime types rose in 2021 from record lows in 2020, with hunting and bat crimes showing the biggest proportional increase in conviction rates (although from low baselines).

*Campaigners are warning reductions in wildlife protections in the Retained EU Law Bill could see further rises in wildlife crime and are calling on Government to stop the Bill and make crucial improvements to wildlife crime monitoring and enforcement recommended by the UN. 

The annual Wildlife Crime Report compiled by Wildlife and Countryside Link, with information from groups including RSPB, WWF UK, and the League Against Cruel Sports, has shown that crime against wildlife in 2021 was at record levels. Wildlife crimes include, for example, hare coursing, persecution of birds of prey, badgers and bats, disturbance of seals and dolphins and illegal wildlife trade.

In England and Wales there were 1414 reported wildlife crime incidents (outside of fisheries), almost exactly the same level as in 2020 (1404). There were 3,337 fisheries crime reports in 2021, down from 4,163 in 2020. The scale of wildlife crime is likely to be far higher than the report details, due to lack of official recording and monitoring of most of the data relying on direct reports from members of the public to nature groups.

Dr Richard Benwell, CEO of Wildlife and Countryside Link, said: “Wildlife crime soared during the pandemic and remained at record levels this year. Progress on convictions is positive, and we welcome DEFRA’s efforts to stiffen sentencing, but overall that is of little use while the rate of successful prosecutions remains so low.

The snapshot in our report is likely to be a significant under-estimate of all kinds of wildlife offences. To get to grips with these cruel crimes, the Home Office should make wildlife crime notifiable, to help target resources and action to deal with hotspots of criminality.

The Retained EU Law Bill threatens to be a serious distraction, and could even lead to important wildlife laws being lost. Instead, seven years on from its publication, the Government should implement the Law Commission’s 2015 wildlife law report. Surely it is better to spend time and money improving laws that are as much as two centuries old, than wasting time reviewing effective environmental laws under the REUL bill.”

Martin Sims, Chair of Link’s Wildlife Crime Working Group, said: “We must empower police forces to act on wildlife crime. We already see how, with proper resources and training, a real difference can be made in the work against awful crimes like hare coursing. It’s the counties with well-funded and resourced projects in place where we’re seeing the most positive progress. Also essential to efforts to better protect our wildlife is making wildlife crime notifiable, and recorded in national statistics. This would better enable police forces to gauge the true extent of wildlife crime and to plan strategically to address it.”

The pandemic contributed to the high wildlife crime reporting figures in both 2020 and 2021.  COVID-19 restrictions appear to have increased reporting of wildlife crimes in several ways. Opportunistic offenders may have felt that with the police busy enforcing social restrictions that wildlife could be harmed with relative impunity. With increased use of the countryside and coast in the pandemic more members of the public were also present to witness and report incidents of concern. Increased domestic tourism also played a role in increased wildlife disturbance of marine mammals. 

There was a positive increase in convictions in some types of wildlife crime in 2021. But low levels of prosecutions and low conviction rates are an on-going challenge in tackling wildlife crime. Despite the number of convictions in 2021 being more than double the rate in 2020, there were still only 55 convictions for wildlife crimes in the whole year (if well-resourced and enforced fisheries crimes are excluded). And for hunting crimes alone more than half (53%) of prosecutions were unsuccessful in securing a conviction in 2021. This is compared to an 82% conviction rate across all crime. A lack of training and resources is central to this issue.

The report highlights the difference in what can be achieved with the right budget, training, and resources, with concerted action to tackle hare-coursing being a main factor in the increase in convictions in 2021. This follows a nationwide police operation to tackle the issue – Operation Galileo – achieving good results. Consequently 2021 saw the highest number of cases proceeded against accused hunting crimes since 2015, with 80 cases taken to court. The highest increases in prosecutions were in Norfolk and Suffolk where police forces were active in Operation Galileo and other police activities designed to reduce the impact of hare coursing. This policing focus corresponded with legislative action, which has seen hare coursing sanctions increased in the Policing, Crime Sentencing and Courts Act 2022 (rising to up to 6 months imprisonment and unlimited fines). Similar action needs now to be taken to enable the more effective prosecution of other hunting crimes, including the illegal hunting of foxes with dogs. 

Despite this positive legislative move, one new Bill from Government could actively worsen wildlife crime. The Retained EU Law Bill is intended to ‘save, repeal, replace, restate or assimilate’ the retained EU law (known as REUL) applying in the UK within a set time period. These laws include the Conservation of Habitats and Species Regulations 2017, which make it a criminal offence to damage the habitats of key species including badgers and bats. Such habitat offences form the majority of the wildlife crimes against badgers and bats. The Bill is likely to lead to the hasty rewriting of the regulations, potentially weakening the legislative underpinning for tackling common wildlife crimes.

To properly tackle the issue of wildlife crime, nature experts are calling for the following actions (most of which were also recommended by a UN report in 2021):

  1. Making wildlife crimes notifiable to the Home Office, so such crimes are officially recorded in national statistics. This would better enable police forces to gauge the true extent of wildlife crime and to plan strategically to address it.
  2. Increasing resources & training for wildlife crime teams in police forces. Significant investment in expanding wildlife and rural crime teams across police forces in England & Wales, and the placing of National Wildlife Crime Unit funding on a permanent basis, would enable further investigations, and lead to further successful prosecutions.
  3. Reforming wildlife crime legislation. Wildlife crime legislation in the UK is antiquated and disparate. A 2015 Law Commission report concluded these laws are ‘‘overly complicated, frequently contradictory and unduly prescriptive’’. Much of this stems from the need to prove ‘intention and recklessness’, which has stunted the potential for prosecution in even clear cases of harm being done to protected and endangered species.
  4. The immediate withdrawal of the Retained EU Law Bill. Retained EU laws include the Conservation of Habitats and Species Regulations 2017, which (amongst other protections for habitats and species), make it a criminal offence to damage the habitats of key species including badgers and bats. These vital protections are at risk of being dropped or weakened, undermining the legislative foundation for tackling common wildlife crimes.

ENDS

Wildlife & Countryside LINK’s previous Wildlife Crime Reports can be read here and the 2021 report can be read here:

wcl-wildlife-crime-report-2021Download

Scottish Environment Minister visits grouse moor in Strathbraan where two golden eagles ‘disappeared’ in suspicious circumstances

Back in September, Scottish Environment Minister Mairi McAllan was taken to visit a grouse moor in the notorious Strathbraan area of Perthshire.

Regular blog readers will know that Strathbraan is dominated by a number of estates with driven grouse moors and the area has been identified in a Government-commissioned report as being a hotspot for raptor persecution, particularly golden eagles, of which at least seven have ‘disappeared’ in recent years, including one whose tag was found a few years later, wrapped in lead sheeting (to block the signal) and dumped in the river (here).

[Utterly depressing intensively-managed grouse moor in Strathbraan. Photo by Ruth Tingay]

And then there was the suspicious disappearance of a white-tailed eagle (here), an illegally-trapped hen harrier called Rannoch (here), the suspicious disappearance of a hen harrier called Heather (here), the illegally shot peregrine (here), the long-eared owl held illegally in a trap (here), the ~100 corvids found dumped in a loch (here), the failed raven cull demanded by Strathbraan gamekeepers but thinly-disguised as something else (here), the subsequent illegal shooting of two ravens on two separate grouse moors in Strathbraan, the post mortem of one of them showing that not only had it been shot, it had most likely been stamped on repeatedly (here), and most recently the three-year General Licence restriction imposed on a Strathbraan grouse-shooting estate for wildlife crimes (here), a decision based on evidence provided by Police Scotland.

It’s quite the location, isn’t it? How odd then, that Scotland’s Moorland Forum would chose to take the Environment Minister for a visit. What was the purpose?

Judging by this tweet from Hugh Raven, it was to show the Minister ‘the skilled moorland management‘ at Auchnafree Estate, among ‘the beautiful Perthshire hills‘. Good grief.

I wonder if they talked about the ongoing raptor persecution in the Strathbraan area? And did they discuss the suspicious disappearance of the two satellite-tagged golden eagles, Adam & Charlie, who both vanished without trace on Auchnafree Estate on 18th April 2019?

When challenged about the visit on Twitter by the Scottish Raptor Study Group, Hugh claimed the estate had been “fully exonerated“:

“Fully exonerated“? Really? By whom?

As I wrote at the time of Adam and Charlie’s suspicious disappearance, there was no evidence found during the subsequent police search to suggest that Auchnafree Estate employees were involved. Is that the same as being “fully exonerated“?

The ‘skilled moorland management’ at Auchnafree Estate was in focus again this morning on the BBC’s Farming Today radio programme. The head gamekeeper was recorded talking about the so-called benefits of grouse moor management on the estate; an opinion that went unchallenged by the BBC presenter accompanying him on the moor.

Funnily enough, I didn’t hear any discussion about illegal raptor persecution on the grouse moors of Strathbraan nor any mention of our two missing golden eagles on Auchnafree Estate.

Fortunately, Max Wiszniewski (Campaign Manager at REVIVE, the coalition for grouse moor reform) was invited on to the second part of the programme and spoke well about the economic, environmental and societal limitations and damage of grouse moor management. Well done, Max!

The programme is available to listen to for 29 days here (starts at 06:15 mins).

Private Eye highlights DEFRA’s inaction on gamebirds in midst of avian flu epidemic

The avian flu epidemic continues to sweep across the UK and is expected to increase as we head into winter, according to the UK’s Health Security Agency.

The situation is so bad that on 7th November 2022, an Avian Influenza Prevention Zone was implemented across the UK, which means that it is currently a legal requirement for all bird keepers to house their birds to help reduce the risk to captive flocks as well as to wild birds, from this serious and notifiable disease.

That is, all bird keepers except gamekeepers. They can pretty much do as they please with their, literally, millions of pheasants and red-legged partridges, because the status of those birds as either ‘livestock’ or ‘wildlife’ is ridiculously interchangeable to suit the game shooters so once the birds (‘livestock’) have been released from their pens into the countryside, they suddenly become ‘wildlife’ until the end of the shooting season when the gamekeepers want to capture them again for breeding purposes and so the birds magically become ‘livestock’ again (see Wild Justice blogs on this here and here).

It’s good to see that Private Eye is now highlighting this scandalous situation and asking the question about why DEFRA hasn’t brought in any measures to reduce the risk of these gamebirds spreading bird flu to wild birds and poultry (thanks to the blog reader who sent this in):

Things will become very interesting at the end of the shooting season when it’s time to ‘catch up’ gamebirds that haven’t been shot, to bring them into captivity for breeding purposes.

We know that ‘Schrodinger’s Pheasant’ wondrously turns from being ‘wildlife’ back to being classified as ‘livestock’ (see diagram above) to enable this activity to be legal. We also know that avian flu in France, where millions of gamebird poults are sourced for the UK game-shooting market, was badly affected by avian flu this year, causing a ban on the importation of those eggs and poults and given the current increase in avian flu cases there at the moment, the same situation may arise again, which means there may be more pressure on UK game-shooters to ‘catch up’ even more of their wild stock/livestock in preparation for the 2023 shooting season.

But just how sensible, or indeed legal, will it be to ‘catch up’ wild birds in the midst of an avian flu epidemic?

Surely DEFRA has given this some thought and is preparing its position in advance?

Dead buzzard found hanging from a tree in County Down

A dead buzzard has been found hanging from a tree in County Down.

The bird was discovered last Saturday (19th November 2022) in woodland near Clandeboye on the Ulster Way by independent unionist Alex Easton MLA, who was walking his dog. He notified the Police Service of Northern Ireland (PSNI) who sent out a forensic team the next day.

Photographs from the scene show the dead buzzard, tied by its neck to the tree by what looks like a plastic bag:

There’s some very odd media coverage of this story in the Belfast Telegraph, where Alex Easton is quoted as saying:

“The PSNI forensic guys think it was poisoned and put there to attract other birds of prey who would themselves be poisoned when they fed from it.

They told me they had seen the same sort of incident elsewhere in Northern Ireland. They removed the buzzard and are carrying out an investigation. I hope those responsible are caught.

This beautiful bird should have been left alone to enjoy its life. Other animal life was also put at risk, as the poison could easily have killed a dog.

I’d never seen a buzzard before. I would have much preferred to view this stunning creature in full flight, not hanging dead from a tree. As a wildlife lover, I believe we should be protecting such birds, not poisoning them.”

To be clear, there isn’t any evidence yet that the buzzard has been poisoned and even if it had, hanging it from a tree ‘to attract other birds of prey who would themselves be poisoned when they fed from it’ is the oddest suggestion and demonstrates a complete lack of understanding of how raptors forage.

The statement from a PSNI spokesperson, as quoted in the paper, is much more circumspect and appropriate under the circumstances:

“Police in Bangor recovered a dead buzzard from the Ulster Way area, Clandeboye Road, on Saturday, November 19, following a report from a member of the public.

The bird has been sent for a post-mortem examination and other tests to determine its cause of death. Enquiries are ongoing.”

Alex Easton did the right thing by notifying the police to investigate. If anyone has any information that could assist the inquiry the PSNI crime reference number is 695/19/11/22.

RSPB’s 2021 Birdcrime report reveals second-highest figure on record

Last week the RSPB published its latest annual Birdcrime report covering the period Jan – Dec 2021.

The headlines from this rigorously-compiled data can be summarised as follows:

  • Protected birds of prey continue to be illegally killed in high numbers, particularly in relation to land managed for gamebird shooting
  • Birdcrime report reveals 80 of 108 confirmed incidents were in England alone: the second-highest figure for England on record
  • Norfolk is now the county with the worst record, followed by Dorset. North Yorkshire, which has topped the table for consecutive years, is now third.
  • ‘Nothing will change’ without urgent government action

The RSPB published two press releases about the report – one covering the crimes in England (here) and one covering the crimes in Scotland (here).

In 2021, yet again, over two thirds (71%) of all confirmed incidents of raptor persecution took place on land managed for gamebird shooting, where birds of prey are seen by some as a threat to gamebird stocks and illegally killed.

[Infographic from Birdcrime 2021]

Unsurprisingly, representatives from the game-shooting industry, all claiming to have ‘zero tolerance’ for raptor persecution, have dismissed the data and some have gone as far as calling the RSPB ‘liars’.

The funniest response I’ve read so far is that written by the Yorkshire Dales Moorland Group, who published this on Facebook:

‘The RSPB has released its Bird Crime Report and once again it predictably focuses an inordinate amount of attention on the gamekeeping profession. Why is the YDMG not embracing the report and working with the RSPB to improve the fortunes of moorland birds? Well to put it bluntly, the report is pure exaggeration, wordsmithing for self-promotion and simply the unjustified stigmatisation of a rural occupation and craft without basis. YDMG will refrain from using too many emotional remarks about the RSPB report but suffice it to say the moorland gamekeeping community is offended by the report and it’s [sic] misrepresentations…’.

It’s worth remembering that members of the Yorkshire Dales Moorland Group, like so many of the other regional moorland groups, have for years been at the centre of police investigations into the illegal killing of birds of prey. Indeed, raptor persecution is such a problem in this area that the Yorkshire Dales National Park Authority has had to include the tackling of illegal raptor persecution as an objective in the Park’s official Management Plan (here) and last year was so incensed at the continued killing, the Park Authority was moved to issue a press statement about it (here).

Of course, disputing the RSPB’s persecution figures is now an annual pantomime by the game-shooting industry, because doing anything else would mean having to admit that some of their members are still killing these birds, nearly 70 years after it became illegal to do so. It seems it’s far easier for them to attack the reputation and credibility of the RSPB than get their own house in order and self-regulate.

In Scotland, this tactic worked for many years but eventually the weight of evidence against the grouse shooters was so great that the Scottish Government was forced to act and we now see the introduction of new legislation, brought in specifically to take action against those who continue to trap, poison and shoot birds of prey.

In England we still have a Government intent on wilful blindness, largely due to many in power having a vested interest in the game-shooting world. However, I read a tweet by ecologist and author Ian Carter recently, who often has a knack of hitting the nail on the head:

I think Ian is spot on with this and I think he summarises the views of many moderates on this subject, including mine.

The RSPB’s 2021 Birdcrime report can be downloaded below, along with the Data Appendices detailing the crimes:

rspb-birdcrime-report-2021Download
rspb-birdcrime-report-2021-data-appendicesDownload