Tag: buzzard

General Licence restriction on Leadhills Estate: some fascinating details

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

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

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

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

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

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

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

Download it here: Leadhills Estate appeal against GL restriction decision

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

Download it here: SNH rejects Leadhills Estate appeal against GLrestriction

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

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

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

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

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

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

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

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

 

Buzzard shot in Worcestershire

The RSPB and West Mercia Police are appealing for information after a buzzard was shot in Worcestershire.

[The shot buzzard. Photo from RSPB]

Map showing Shelsey Beauchamp, Worcestershire:

From an RSPB press release issued 6 March 2020:

On 20 January 2020, eyewitnesses saw a buzzard being shot from a light-coloured [blue] van near Shelsley Beauchamp, Worcestershire. The bird was brought to Vale Wildlife Centre but due to an irreparable broken wing the bird had to put the bird to sleep.

Unfortunately no further details are provided.

If anyone has any information about this wildlife crime please contact West Mercia Police on 101 or fill in the RSPB’s confidential online reporting form here

 

Derbyshire police respond to criticism over poisoned buzzard investigation

In early February we blogged about an illegally poisoned buzzard that had been found dead in the Peak District National Park, next to an illegal poisoned bait (see here). The focus of the blog was the long delay from discovery (April 2019) to publicity (Jan 2020) and even then the publicity had come from the RSPB, not from the police.

[The illegally poisoned buzzard. Photo by Peak District Raptor Monitoring Group]

We then wrote a follow-up blog last week (here) after Derbyshire Constabulary had claimed, with straight faces, that the discovery of the poisoned buzzard next to the poisoned bait was ‘inconclusive’, even though the official toxicology examination had concluded that,

“The evidence therefore suggests that the Buzzard died as the result of the deliberate and illegal use of a high concentration of chloralose on a partridge bait, rather than through secondary poisoning from a different legally applied source…..”.

Derbyshire Constabulary came in for some well-earned criticism and have now responded with the following post on Facebook:

First the good points. This post is more conciliatory and far less antagonistic than recent posts on Derbyshire’s Rural Crime Team’s Facebook page. That’s a smart move. It’s also helpful to explain to the public the high workload demands, the large geographic area and the small size of the team. Like most police forces, they’re up against budget cuts and lack of resources. It’s good for the public to be reminded of these things to help manage expectations.

It’s also good to hear that the new civilian coordinator has been invited to join the Raptor Persecution Priority Delivery Group (RPPDG) and that he’s working with partner agencies, including the RSPB’s Investigations Team, to develop a standard operating procedure investigation guide. Although it’s hard to believe that such an SOP doesn’t already exist, especially in a county that has such a long running history of bird of prey persecution in association with driven grouse shooting.

However, this ‘update’ from the Rural Crime Team doesn’t address the initial issue at all – that is, what appears to be a fundamental cock-up in to the investigation of a dead poisoned buzzard that was found next to a poisoned bait. There’s no acknowledgement that there has been a cock-up, certainly no apology, and no indication that anything further will be done.

Police Supt Nick Lyall, who Chairs the national Raptor Persecution Priority Delivery Group has been made aware of this case and he’s looking in to it:

 

 

Poisoned buzzard, next to poisoned bait: circumstances ‘inconclusive’ says Derbyshire Constabulary!

I don’t know what’s going on at Derbyshire Constabulary’s Rural Crime Team but someone needs to check that Amanda Anderson isn’t moonlighting.

You may recall a couple of weeks ago we blogged about an illegally poisoned buzzard that had been found dead in the Peak District National Park, next to an illegal poisoned bait (see here). The focus of the blog was the long delay from discovery (April 2019) to publicity (Jan 2020) and even then the publicity had come from the RSPB, not from the police.

[The illegally poisoned buzzard. Photo by Peak District Raptor Monitoring Group]

The story doesn’t end there.

On Friday (14th Feb), the following post appeared on Derbyshire Constabulary’s Rural Crime Team’s Facebook page:

Er….right oh.

The Peak District Raptor Monitoring Group has called out this nonsense with another blog and an open letter of complaint to the Derbyshire Police & Crime Commissioner – read it here.

Of particular note, this official toxicology report on the buzzard and the poisoned bait, written by Dr Ed Blane (National Coordinator for the independent Wildlife Incident Investigation Scheme, HM Inspector Health & Safety Executive) who writes:

“…..The evidence therefore suggests that the Buzzard died as the result of the deliberate and illegal use of a high concentration of chloralose on a partridge bait, rather than through secondary poisoning from a different legally applied source…..”

And yet Derbyshire Constabulary’s Rural Crime Team claims “There are too many unknown variables to conclusively say that the buzzard has been poisoned deliberately“.

And guess who’ll be using that ‘official police statement’ to play down the ongoing problem of illegal raptor persecution in the Peak District National Park?

Supt Nick Lyall – you need to be looking at this with some urgency.

UPDATE 23 February 2020: Derbyshire Police respond to criticism over poisoned buzzard investigation (here)

Buzzard illegally poisoned in Peak District National Park

A buzzard has been found illegally poisoned in the Peak District National Park.

A poisoned bait (a red-legged partridge) was found close by.

Toxicology tests revealed both the buzzard and the partridge contained the pesticide Alphachloralose.

[The poisoned buzzard. Photo by Peak District Raptor Monitoring Group]

The thing is, this illegally poisoned buzzard wasn’t found in January, or December, or in any other recent month. It was discovered on 14th April 2019.

The police decided, for whatever reason, that it was best to keep quiet about this. There were no public appeals for information and no public warnings that a poisoner was actively placing baits containing dangerous, highly toxic chemicals out in the countryside. Baits that if touched by a child, adult or a dog could result in acute illness and even death.

Two weeks ago the RSPB issued a press statement about this poisoning crime that reads as follows:

BUZZARD POISONED IN PEAK DISTRICT NATIONAL PARK

22 January 2020

A protected bird of prey has been illegally poisoned in one of the UK’s worst raptor persecution blackspots.

In April 2019 a member of the public found a buzzard freshly dead in woodland near Tintwistle, just north of Valehouse Reservoir, in the Peak District National Park. Close by were the remains of a red-legged partridge.

A post-mortem and toxicology tests under taken by Natural England showed that the buzzard and partridge both contained the pesticide Alphachloralose.

Natural England concluded that ‘abuse of chloralose, using a bird bait, has occurred at this location and at least one buzzard has been poisoned’.

All birds of prey are protected by the Wildlife and Countryside Act 1981. To kill or injure one is a criminal offence and could result in an unlimited fine or up to six months in jail. Derbyshire Police were made aware at the time of the discovery and informed of the toxicology result in August.

Alphachloralose is one of the most commonly abused pesticides for illegally targeting birds of prey.

The northern Dark Peak has been the scene of many crimes involving the poisoning, trapping and shooting of birds of prey, making it one of the UK’s worst blackspots, according to the RSPB’s recent Birdcrime report. A scientific article, Raptor Persecution in the Peak District National Park, cemented the link between raptor persecution and land managed for driven grouse shooting in the Peak District National Park.

[Confirmed raptor persecution crimes in the Dark Peak area of the Peak District National Park, 2007-2019. Map produced by RSPB]

Howard Jones, Investigations Officer at the RSPB, said: “The relentless destruction of birds of prey in the Dark Peak needs to stop. This area has become a black hole for birds of prey like buzzards though this is exactly the habitat where they should be thriving. Deliberately poisoning birds is not only illegal but incredibly dangerous to other wildlife, not to mention people and pets. What if a dog or a child had found this and touched it? It doesn’t bear thinking about.”

If you have any information relating to this incident, call Derbyshire Police on 101.

If you find a wild bird of prey which you suspect has been illegally killed, contact RSPB investigations on 01767 680551 or fill in the online form.

ENDS

When you’ve read more of these types of press release than you care to remember, you get a feel for style and content. It seems quite apparent that this is not a joint press release between the RSPB and the police, as so many of them often are. There’s no quote from an investigating police officer, there’s no incident number, and there’s a pointed sentence that Derbyshire Police were informed of the incident in April and updated with the toxicology results in August.

And then there’s this recent blog about the poisoning incident from the Peak District Raptor Monitoring Group, which is a bit difficult to follow because it references unsighted material and various unnamed email correspondents. However, what does seem clear is that someone from the shooting industry is claiming that a police officer said this poisoning incident was suspicious but ‘definitely not illegal persecution’.

Er…..right.

Haven’t we been in this position before, where it looked like deliberate attempts were being made to suppress confirmed raptor crimes in the Peak District National Park?

Let’s hope that isn’t what’s going on here, but nevertheless, there is absolutely no excuse for the police not to have warned the public about the presence of potentially lethal poisonous baits, at the time they were discovered, especially inside one of the country’s most visited National Parks.

UPDATE 16 February 2020: Poisoned buzzard, next to poisoned bait: circumstances ‘inconclusive’ says Derbyshire Constabulary! (here)

UPDATE 23 February 2020: Derbyshire Police respond to criticism over poisoned buzzard investigation (here)

Leadhills Estate loses appeal against General Licence restriction

Well this is very welcome news.

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

A quick re-cap:

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

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

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

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

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

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

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

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

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

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

Watch this space.

Shot buzzard found in Peak District National Park

A critically injured buzzard was found at Rushup Edge, near Mam Tor in the Peak District National Park on 13th January 2020.

A veterinary examination revealed shot in the body and a broken wing. Unfortunately due to the extent of its injuries the buzzard had to be euthanised.

Derbyshire Police’s Rural Crime Team issued this appeal for information on Facebook yesterday:

Without any further detail (like seeing an x-ray) it’s not possible to gauge the extent of the buzzard’s injuries and thus estimate how far it might have been able to fly before becoming grounded. However, with a broken wing it’s probably safe to assume that it didn’t fly very far from the area where it was found:

It should be shocking that a protected species has been found illegally shot inside a protected area (a National Park). However, this is the UK, where birds of prey are routinely targeted and killed inside National Parks, and especially inside this one – the Peak District National Park is a notorious hotspot for illegal raptor persecution.

On and on it goes.

Buzzard found shot in Northumberland

An injured buzzard was found by a member of the public near Acklington, Northumberland on 4 January 2020. It was grounded by the entrance to the Rigg & Furrow Brewery at Acklington Park Farm.

It was transferred to Blyth Wildlife Rescue where x-rays revealed shotgun pellets in both wings. The location of the shooting is unknown.

[Photos via Jane Hardy]

The buzzard is still undergoing treatment and assessment at the rescue centre.

 

Decision due on General Licence restriction for Leadhills Estate

On 26 November 2019 Scottish Natural Heritage (SNH) imposed a three-year General Licence restriction on Leadhills Estate, South Lanarkshire, after receiving what it described as “clear evidence” of wildlife crimes from Police Scotland (see here, here and here).

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

[This adult male hen harrier was found with his leg clamped in an illegally-set spring trap next to a nest on Leadhills Estate in May 2019. His leg was almost severed and despite the valiant efforts of a world-class wildlife vet, he had to be euthanised]

The General Licence restriction was supposed to be in place for three years but it lasted only 14 days. On 10th December 2019 SNH lifted the restriction because Leadhills Estate had chosen to appeal the decision to restrict.

According to SNH policy, an appeal has the immediate effect of suspending the General Licence restriction from the date SNH receives the appeal letter. SNH then has to consider the appeal and must notify the estate of the appeal outcome in writing, setting out the reasons behind the decision. SNH policy guidelines state it will seek do this within four weeks of receiving the appeal letter.

Those four weeks are now up (Tues 7th Jan was the four week marker) although there was the Xmas break to consider so perhaps it’ll take a bit longer. Although to be frank it shouldn’t take any time at all to reach a decision. SNH has already been through an appeals procedure with the estate – as per SNH policy – when SNH first notified Leadhills that a General Licence restriction was being considered. Leadhills Estate then had an opportunity to state its case and explain why a restriction shouldn’t be made. In this case, SNH chose to crack on and imposed the restriction based on the ‘clear evidence’ of wildlife crime provided to SNH by Police Scotland. Why there now has to be a second appeal process is anyone’s guess.

Maybe it’ll catch on. Maybe suspects at a police station, having had an opportunity to defend themselves before a charge is laid, will then be given a further 14 days after the charge has been laid to appeal the charging decision all over again and by doing so can have the original charge lifted for at least four weeks while the police/CPS consider the second appeal. It’s genius.

It’s quite likely that a lot of people will be paying close attention to SNH’s decision on whether or not to reinstate the General Licence restriction at Leadhills Estate, not least grouse moor owners’ lobby group Scottish Land and Estates (SLE). Leadhills Estate is a member of SLE and Lord Hopetoun of Leadhills Estate is Chair of SLE’s Moorland Group. So far, SLE has not commented publicly on this fascinating relationship.

Gamekeepers caught with banned poisons should receive mandatory jail sentence

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

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

Possession of banned poisons.

Here’s the mini transcript:

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

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

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

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

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

ENDS

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

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

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

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

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

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

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

Enough.