Category: Persecution Incidents in England

Bird of prey ‘initiative’ in Peak District National Park fails to deliver

IMG_5764 (2)In 2011, a five-year ‘Bird of Prey Initiative’ was launched which aimed to restore declining populations of some raptor species in the Dark Peak region of the Peak District National Park.

This ‘initiative’ was deemed necessary following years of evidence of wide scale raptor persecution within the region (e.g. see RSPB summary reports here and here).

The members of the ‘Bird of Prey Initiative’ comprised five organisations: The Moorland Association, The National Trust, Natural England, Peak District National Park Authority and the RSPB. Two local raptor study groups (the Peak District Raptor Monitoring Group and the South Peak Raptor Study Group) were also involved.

Targets were set to increase the breeding populations of three key raptor species for which the area had been given Special Protection Area status, i.e. it was considered a nationally important site for these raptors.

The targets were set as follows:

Merlin: increase from 22 breeding pairs to 32 breeding pairs by 2015

Short-eared owl: maintain the average breeding population of 25 pairs to 2015.

Peregrine: increase from 13 breeding pairs to 15 breeding pairs by 2015.

These targets were not unreasonable – they reflected the number of breeding pairs that the SPA should have been able to support.

goshawk-legsInterestingly, the group failed to set any targets to improve the breeding populations of local goshawks and hen harriers; there was just an ‘expectation’ that these species would be encouraged to breed. Sure, neither are an SPA-qualifying species in this area but nevertheless the area used to hold historically important populations which have since been reduced, through illegal persecution, to an occasional successful pair, so why exclude them?

Anyway, the ‘initiative’ has now ended and surprise surprise, the targets set for merlin, short-eared owl and peregrine have not been met. And goshawks and hen harriers are still largely absent with just a couple of exceptions. You can download the project report here for details: PDNP-Birds-of-Prey-Report-2012-15

In response to the report’s findings, Rhodri Thomas, an ecologist with the Peak District National Park Authority, is quoted in this BBC article (here) as saying the report’s findings are “concerning and disappointing“. Mark Avery has described the findings as “entirely predictable and totally unacceptable” (see here).

Rhodri Thomas goes on to say that the decline in peregrine numbers (now at only four pairs) was the hardest to explain as numbers in other parts of the Park were increasing and there was no obvious reason why they were staying away from the Dark Peak. He said he was determined to “bottom-out” what was causing the decline.

Here’s an easy starting point for him – try reading the provisional results of the most recent National Peregrine Survey (see here) as well as the recent paper documenting peregrine declines in another region dominated by driven grouse shooting (see here).

Sorry, Rhodri, but it’s not that difficult to understand.

In a press release from the Peak District National Park (see here), there’s talk of ‘renewed commitment’ from the project partners as well as ‘new rigour and energy’ to restore the breeding success of raptors in the Dark Peak. This is, of course, utter bollocks.

Mark Avery has picked up on this in his blog from this morning (see here), and as he says, it’s just an opportunity for the National Park authorities to hide behind a failing project for a few more years and avoid taking any real action, like, for example, banning driven grouse shooting within the National Park.

We’re so tired of all this ‘talking’ and so-called ‘cooperation’. It hasn’t worked and nor will it work. How do you move on from a conversation that goes something like this:

Conservationists to the grouse shooting industry: “Stop illegally killing raptors”.

Grouse shooting industry to conservationists: “We’re not killing them”.

Meanwhile, the killing continues and The Untouchables remain untouchable. The time for talking is over.

Sign the petition to ban driven grouse shooting here

This dead goshawk (photo above) was found in the Peak District National Park in 2014 – both legs were broken and its injuries were consistent with being caught in an illegally set spring trap.

Rare red-footed falcon shot dead – police appeal

A young male red-footed falcon, a rare visitor to the UK, has been found shot dead in Cambridgeshire.

The bird’s carcass was discovered near Whittlesey, Cambs, in September. A post mortem has confirmed shooting as the cause of death.

The RSPB is offering a £1,000 reward for information.

RSPB press release here

red-footed-falcon_shot Sept 2015

Stody Estate receives £221,000 subsidy penalty for mass raptor poisoning

stody buzzardsRegular blog readers will know that in October 2014, gamekeeper Allen Lambert was convicted of a series of wildlife crime offences on the Stody Estate, Norfolk, including the mass poisoning of birds of prey (10 buzzards and one sparrowhawk) which had been found dead on the estate in April 2013. He was also convicted of storing banned pesticides and other items capable of preparing poisoned baits (a ‘poisoner’s kit’) and a firearms offence (see here and here).

Lambert got off pretty lightly when he was sentenced in November 2014. Even though the judge acknowledged that Lambert’s crimes had passed the custody threshold, Lambert received a 10-week suspended sentence for poisoning 11 raptors (suspended for one year), a six-week suspended sentence for possession of firearms and dead buzzards (suspended for one year) and was ordered to pay £930 prosecution costs and an £80 victim surcharge. In our opinion (see here), this was absurdly lenient for one of England’s biggest known mass raptor poisoning incidents, and on top of that, Lambert wasn’t even sacked – it was reported that he’d been allowed to take early retirement from the Stody Estate.

Regular blog readers will also know that for the last year, we’ve turned our attention to the minted Stody Estate to try and find out whether the Rural Payments Agency had penalised the estate for breaches in cross-compliance and had removed any of their £MILLIONS of agricultural subsidies as punishment. To receive these tax-payer handouts, estates must comply with a number of measures (like don’t poison raptors) and if they don’t comply, then cross-compliance subsidies can be removed.

It’s taken a while to get any useful information about potential subsidy penalties at Stody Estate. Getting the RPA to reveal anything about this case has been like getting blood out of a stone, or the truth out of Allen Lambert. The RPA has wriggled and squirmed and done its best to avoid answering straightforward questions: see here for previous blogs about our correspondence with the RPA. However, we’re pretty much there now, although not quite there.

Our latest FoI received a response this week. We had asked the RPA (again) whether they’d now enforced a cross-compliance penalty on Stody Estate. They answered: “Yes“.

We asked what the penalty was for, exactly. They answered: “The penalty that has been applied was for a breach of farmer requirement A1, of the pre-2015 Statutory Management Requirement 1 (wild birds). The requirement reads: ‘You must not intentionally kill, injure or take any wild bird‘”.

We asked how much was the penalty applied to Stody Estate for this breach. They answered: “The financial amount has yet to be confirmed, however the penalty is 75% of the Single Payment Scheme payments made to the Estate in 2014“.

So, we now know a penalty has been imposed, but, unconvincingly, the RPA still claims it isn’t able to tell us how much that penalty is. Either they’re incompetent or unwilling to embarrass the Estate. Or maybe both.

Anyway, we’ve done a bit of digging. We’ve discovered that the Stody Estate received £295,929.01 from the Single Payment Scheme in 2014:

Stody SPS 2014 - Copy

75% of £295,929.01 is £221,946.75.

That’s a massive subsidy penalty! As far as we’re aware, this is the biggest ever civil penalty imposed for cross-compliance breaches in relation to raptor persecution crimes. Previously, the largest was £107,000 imposed on Glenogil Estate in 2008 following the discovery of 32 poisoned baits suspected of being used to target birds of prey (see here). Earlier this year, we blogged about the £66,000 subsidy penalty imposed on vicarious liability landowner Ninian Johnston Stewart, whose gamekeeper had been convicted of poisoning a buzzard (see here).

There may well have been other cases where a penalty greater than £221,946.75 has been imposed for cross-compliance breaches related to raptor persecution, but we’ve been unable to find any information. We’ve blogged previously (here) about why increased publicity is needed when these penalties are applied – the realistic threat of having thousands of pounds worth of subsidies removed from your business has got to be a far greater deterrent than the pathetically weak sanctions handed down in the criminal courts.

For this reason, over the next few months we intend to re-visit some other recent cases where a successful conviction has been secured for raptor persecution crimes and start asking some questions about whether those estates involved have also received a subsidy penalty (e.g. Kildrummy Estate, Cardross Estate for a start, and there are others).

There has previously been some discussion in the comments section of this blog about whether the new system for the Single Payment Scheme (replaced this year by the Basic Payment Scheme) would still allow for subsidy penalties for cross-compliance breaches relating to raptor persecution. Some readers thought the new system wouldn’t allow for penalties and other readers thought it would. It’s our understanding that the cross compliance rules for BPS in England still contain a Statutory Management Requirement (SMR) for Wild Birds (SMR2) stating that you must protect all wild birds, their eggs and their nests, so technically any recipient of BPS could still be fined for non-compliance with SMR2 if they were liable, vicariously or otherwise, for raptor persecution on their land.

However, the new system seems to be slightly different in Scotland where SMR2 states that you must protect all wild birds, their eggs and nests if you have land classified as a Special Protection Area. That could mean that a Scottish recipient of BPS could only be fined for breaching SMR2 if the breach took place in an SPA. If that interpretation is correct, it would exclude rather a lot of land. We’ll be seeking clarification from the Scottish Government about whether raptor persecution on non-SPA land would be considered a breach of the new SMR2.

A final word – thank you to all the blog readers who have exerted pressure on the RPA over the last year regarding the Stody Estate case; we know that a number of you have been involved. Had it not been for this sustained effort, the Stody Estate may well have escaped a penalty altogether, or perhaps been given a much smaller penalty. Well done!

Photo of some of the poisoned buzzards found at Stody Estate is by Guy Shorrock (RSPB Investigations)

Peregrine poisoned in Shropshire blackspot: police appeal 5 months later

Peregrine male poisoned at Cleehill 2015 Shorrock2 - CopyWest Mercia Police have issued an appeal for information following the discovery of a poisoned peregrine.

The male bird was found dead in a quarry at Clee Hill, Shropshire. This is a well-known persecution blackspot, with two peregrines poisoned there in 2010 and another one poisoned in 2011.

The latest victim was discovered on 15th June 2015. It’s not clear why it has taken five months for the police to issue an appeal for information. This is a recurring and yet avoidable problem, e.g. see here and here for two other recent examples of long delays before the police ask for help with investigations into raptor persecution crimes. It’s just not good enough.

The RSPB and the Shropshire Peregrine Group have offered a £1,000 reward for information leading to a conviction.

Police press release as follows:

West Mercia Police are appealing to the public for information after it was confirmed that a peregrine falcon found dead in a quarry in Clee Hill, Shropshire had been poisoned.

There have been previous problems in this area with two peregrines poisoned in 2010 and another in 2011. Over the last few years the Shropshire Peregrine Group (SPG) has been organising volunteers to keep an eye on the location. On the 15 June this year a volunteer reported a dead adult male peregrine at the base of the breeding cliff. The body was recovered by the RSPB and passed to Natural England in order that toxicology tests could be arranged. These have since confirmed the bird was poisoned by diazinon, the same product as in previous incidents.

Peregrines are fully protected under the Wildlife and Countryside Act 1981 and anyone convicted of killing these birds could receive up to six months in prison and/or a fine.

The RSPB and the SPG have offered a reward of £1000 for information leading to the conviction of anyone involved in this incident.

John Turner of the SPG said: “This is yet another tragic incident at this site. The female parent also disappeared and we are concerned she may have also been poisoned. The situation was made even worse as the two chicks in the nest also died with the loss of the parents.”

Wildlife Crime Officer for West Mercia Police, Constable Julian Ward said: “There have been previous incidents in this area and the illegal use of poison poses a risk to wildlife and to people. We believe somebody in the local community will have information about who is involved and we would urge them to contact police.”

Information can be reported to West Mercia Police on 101 quoting reference 649S of the 15/06/2015. You can also give information anonymously to Crimestoppers UK or 0800 555 111

END

Photos of the poisoned peregrine by RSPB (G Shorrock)

Peregrine male poisoned at Cleehill 2015 Shorrock1 - Copy

 

Peregrine found shot dead in Halifax, West Yorkshire

A peregrine has been found shot dead in Halifax, West Yorkshire. It’s body was discovered by a maintenance worker at the foot of a 200 ft chimney at a disused carpet mill.

It’s not known if the bird was shot at the mill or whether it had been shot elsewhere and finally succumbed to its injuries at the mill.

Details from the bird’s BTO leg ring identified it as a bird that had fledged from a church steeple in Devon (St Michael’s Peregrine Project, Exeter).

Article in Exeter Express & Echo here

Recently published preliminary results from the 2014 National Peregrine Survey indicate that illegal persecution of peregrines on upland grouse moors is so high it is affecting this species’ national distribution (see here).

Peregrine photo by Martin Eager

Police appeal for info 5 months after peregrine nest robbery

South Yorkshire Police and the National Wildlife Crime Unit are appealing for information following the theft of a peregrine chick from a nest site in Rotherham.

They have published two photographs of the suspect (caught on an RSPB surveillance camera).

The crime took place over five months ago on Friday 8th May.

Chief Inspector Martin Sims, head of the NWCU said: “The illegal trade in birds of prey is a UK wildlife crime priority….”

Really.

The RSPB is offering a £1000 reward for information that leads to a conviction.

Police press release here

CCTV image 1_5

CCTV image 2_4

Two short-eared owls shot dead nr grouse moor in County Durham

Durham Police are appealing for information following the discovery of two dead short-eared owls in Co Durham.

The birds, found on 2nd March, had been shoved inside a pothole near to Selset Reservoir near Middleton-in-Teesdale. Their corpses were sent for post mortem which revealed they had been shot.

News article in the Chronicle here

You have to wonder why it’s taken the police seven months to appeal for information. It’s possible that there was a delay in receiving the post mortem results, but even so, the discovery of two owls inside a pothole surely raises suspicions of criminal behaviour? It’s ironic that the police appeal is eventually made during National Wildlife Crime Aware Week, where police forces across the country are advising the public how to spot signs of wildlife crime and encouraging them to report it. What’s the bloody point if the police then sit on the information for seven months?

Interesting to look at the land-use close to Selset Reservoir…..check out this Google map and note all those weird rectangular shapes (burnt strips of heather) – this is driven grouse moor country.

Ban driven grouse shooting: sign the petition here.

Photos of the two dead short-eared owls by RSPB.

Selset reservoir shot SEOs

SEO_shot_CoDurham_Mar2015a

SEO_shot_CoDurham_Mar2015b

Stody Estate subsidy penalties: another update

IMG_4752 (2) - CopyA year ago, gamekeeper Allen Lambert was convicted of a series of wildlife crime offences on the Stody Estate in Norfolk, including the mass poisoning of birds of prey (10 buzzards and one sparrowhawk) which had been found dead on the estate in April 2013 (see here and here).

We found out that the Stody Estate had received millions of pounds worth of agricultural subsidies (i.e. money given to them from our taxes to help them farm on the condition they look after the wildlife and wildlife habitats under their management) and we wanted to find out whether the Estate would now face a financial penalty in the form of a reduction in their subsidies for what was a very serious breach of the cross-compliance regulations.

One year later and we’re still trying to find out.

In October 2014, the Rural Payments Agency (RPA) told us they “would consider action against Stody Estate“, although one of our blog readers was told, “there is no investigation ongoing” (see here).

In December 2014, one of our blog readers contacted the RPA again to ask for an update. The RPA responded in January 2015 by saying “We are unable to provide you with any meaningful response as we do not hold any information that answers your questions” (see here).

In July 2015, we again wrote to the RPA to ask whether they had imposed a penalty on Stody Estate. We were told that as the convicted gamekeeper wasn’t the actual subsidy recipient, the RPA was trying to determine whether there was “a link” between the convicted gamekeeper and the subsidy recipient (i.e. his employer) and if so, whether the recipient (Stody Estate) could be considered liable for the actions of the gamekeeper (see here). Amazing.

As the one-year anniversary of the gamekeeper’s conviction approached, in September 2015 we wrote to the RPA again to see whether they’d now worked out “a link” between the convicted employee and his employer. Last week they responded with this:

“The Rural Payments Agency (RPA) has notified the Stody Estate in Norfolk that a cross compliance breach occurred, as [sic] result of the actions of their gamekeeper. This is because the estate is vicariously liable for the actions of their employees. Under European cross compliance rules, the RPA is obliged to follow-up reports of cross compliance breaches brought to its attention. The rates of applicable reductions are explained in the scheme rules“.

So, the inefficient RPA has taken a year to decide that there was a cross compliance breach, but we still don’t know whether a financial penalty has been imposed, and if it has, what its value is.

According to the RPA’s ‘scheme rules’, cross compliance breaches can be categorised  as either ‘negligible’ or ‘intentional’, and the severity of the penalty is dependent on this.

For negligible non-compliance (falls below the standard of care expected of a competent claimant) subsidy payment is normally reduced by 3% but could range from 1-5% depending on the extent, severity, re-occurrence and permanence of the non-compliance.

For intentional non-compliance, payments will normally be reduced by 20%, but may be reduced to 15% or increased to 100% depending on the extent, severity, re-occurrence and permanence of the non-compliance.

What do you think? Is laying out banned poisons that kill 11 raptors a negligible or intentional non-compliance?

Given that we don’t know how the RPA will determine if the breaches were negligible or intentional, and given that we don’t know how much of our money was awarded to the Stody Estate in 2013 (the year the breaches occurred), although judging by the amounts they received between 2004-2012 it was probably a considerable sum (see here), it’s difficult for us to establish even a rough guesstimate of what the penalty might be, and that’s assuming that the RPA has decided a penalty is warranted.

So, we’ve written, again, to the RPA to ask whether a penalty has been imposed (and if not, why not) and if it has been imposed, how much is it?

Three more poisoned red kites

WT J 1 as I foundThe following press release has been issued today by FoRK (Friends of Red Kites) –

POISONING OF RED KITES CONDEMNED

Three red kites have been found illegally poisoned in a blow to efforts to re-establish a thriving population across north east England.

One found near a grouse moor died from Carbofuran poisoning despite the use of the chemical being banned in Britain since 2002. The two others were found together and died as a result of poisoning by Aldicarb, a widely-used pesticide which has been implicated in deliberate poisonings elsewhere in Britain.

The bodies of all three were recovered and sent for post-mortem examination after tip-offs from the public.

The three deaths, revealed by Friends of Red Kites (FoRK), the voluntary group set up to protect and monitor the population, brings the region’s total number of known kite casualties from illegal poisoning to ten in recent years.

FoRK has condemned the killings but fears that the known deaths are just the tip of the iceberg and that many more dead birds are never found. It believes that persistent persecution, mainly through illegal poisoned baits, is among factors preventing the birds from spreading from their core Derwent Valley sites.

The bird killed by Carbofuran was found near Edmundbyers, Co Durham. The two others were found at High Spen, Gateshead, and included a wing-tagged female from a nearby breeding site which had produced young for the previous four years.

Previous poisoning involved two kites found dead in Hexhamshire and a breeding pair killed near Whittonstall whose chicks then perished in the nest. Other local kites were found poisoned in Teesdale and Wharfedale, Yorkshire. Another bird, which moved to Scotland, was found poisoned in the Cairngorms. Other kites have been found in suspicious circumstances but have been dead too long for scientific examination.

Allan Withrington, FoRK Kite Welfare Officer, said: “These poisonings are appalling and totally unacceptable. Carbofuran has been illegal in this country for many years but is still apparently the poison of choice of those who illegally put out poisoned baits to target raptors, crows and foxes. 

Leaving poisoned baits in the open is not only illegal but completely indiscriminate as the deaths of many bird and animals, including dogs and cats, has shown over the years.

We will be continuing to do everything possible to expose those responsible and work with the police, farmers, landowners and other conservation organisations to protect the red kites and other species.”

The most recent available figures from the RSPB show that there were 76 confirmed cases of illegal poisoning in Britain in 2013, including 19 from Carbofuran and 5 from Albicarb. Twenty-one red kites were among the victims which also included buzzard, white-tailed eagle, golden eagle and marsh harrier. Raven, magpie, sparrowhawk and even a collared dove also died along with two dogs and two cats.

Britain’s single worst recorded wildlife poisoning incident occurred in April 2014 with red kites being the main victims. 16 kites and six buzzards were found dead near Inverness. Despite a major investigation by Police Scotland and rewards totalling £32,000 being offered no-one has been charged.

ENDS

There are a number of interesting facets to this press release. Firstly, no dates are given for when these birds were found poisoned. We can’t be certain, but the press release may refer to three poisoned kites that were discovered in Co Durham in 2014: two in November 2014 and one in December 2014, according to government statistics. It’s possible that the three kites mentioned in the above press release were poisoned this year, but the published government stats only cover the first quarter of 2015 (up until March) and no poisoned kites in Co Durham are present in those figures. These days we have to wait more than six months to find out what’s actually been going on more recently so if they were poisoned after March 2015 we might find out about it ‘officially’ sometime after Christmas.

The second interesting point about this press release is it has come from FoRK. Here’s how FoRK describe themselves:

The Friends of Red Kites (FoRK) is a constituted, membership-based, community organisation which was formed by volunteers in 2009 to continue to encourage an active interest in the conservation of the red kite population in Gateshead’s Lower Derwent Valley and to continue to monitor their health & welfare.

FoRK is the successor to the funded Northern Kites Project which was responsible for the re-introduction of 94 young red kites in the core area between 2004 – 2009. In 2006 red kites began to breed in the region for the first time after an absence of 170 years.

Interesting then that a voluntary, community-based organisation has issued this press statement, and not the police and not Natural England. Has FoRK issued this press statement because they’re tired of waiting for action by the authorities? Was there a police follow up? Was there a follow up by Natural England? If these three birds were poisoned in November and December 2014, why haven’t the police or Natural England said anything? Could their (apparent) silence / inaction have anything to do with the localities of the poisoned carcasses? Check out the village of Edmundbyers on a Google Earth map – see all those weird rectangular shapes on the hills surrounding the village? They’re the tell-tale muirburn strips (burnt heather) that indicate that this area is dominated by driven grouse moors.

Say no more.

Petition to ban driven grouse shooting – PLEASE SIGN HERE

Friends of Red Kites (FoRK) website here

Edmundbyers

 

Stody Estate subsidy penalties: an update

IMG_4752 (2) - CopyOn 1st October 2014, gamekeeper Allen Lambert from the Stody Estate in Norfolk was found guilty of poisoning 10 buzzards and one sparrowhawk, which had been found dead on the estate in April 2013. He was also convicted of storing banned pesticides & other items capable of preparing poisoned baits (a ‘poisoner’s kit’), and a firearms offence (see here and here).

On 6th November 2014, Lambert was sentenced. Even though the magistrate acknowledged that Lambert’s crimes passed the custody threshold, he only received a 10 week suspended sentence for poisoning 11 raptors (suspended for one year), a six week suspended sentence for possession of firearms and nine poisoned buzzards (suspended for one year), and was ordered to pay £930 prosecution costs and an £80 victim surcharge.

On 5th October 2014, we blogged about the millions of pounds worth of subsidies that had been awarded to Stody Estate in recent years (see here) and we encouraged blog readers to contact the Rural Payments Agency (RPA) to ask whether Stody Estate would receive a financial penalty in the form of subsidy withdrawal for being in breach of the terms & conditions of their subsidy-fest.

On 10th October 2014, the RPA responded by saying they would consider what action could be taken against Stody Estate (see here).

Then it all went quiet.

In December 2014, one of our blog readers submitted an FoI to the RPA to ask what was happening. In January 2015, the RPA responded by saying they ‘weren’t able to provide a meaningful response’ but said they would take action if it was found to be appropriate to do so (see here).

Six months on, we thought it was time for an update so an FoI was sent to the RPA to ask whether they had implemented a subsidy penalty. This is their response:

Dear XXXXX XXXXX

Thank you for your email dated 5 July 2015 regarding Stody Estate.

Cross Compliance rules only apply to recipients of Single Payment Scheme or certain Rural Development scheme payment in the year in which a cross compliance breach is found.

The person prosecuted for the offences mentioned in your e-mail is not a recipient of either of these types of payment.  Therefore before RPA can take further action, it will be necessary to determine whether there [sic] a link between this person and a subsidy recipient and, if there is, whether that recipient can be considered liable for the actions of the person who committed the breaches.

Identifying whether the person prosecuted is linked to a subsidy recipient will form a key part of our investigations.

Should you have any further queries please contact us again quoting reference number XXXXX

Regards

Helen Hunter

Customer Service Centre, Operations

END

This is all very interesting. The mass illegal poisoning of birds of prey took place on Stody Estate and a Stody Estate employee, gamekeeper Allen Lambert, was convicted of these crimes and several others. But the Rural Payments Agency is still trying to determine whether there is a link between Lambert and the Stody Estate. Eh?

It’s not very convincing is it?

Perhaps the RPA should have a read of the judge’s comments about the relationship between Lambert and his (now former) employer – see here.