Tag: gamekeeper

New gamekeepers just as bad as the old ones

No changeThere’s a comical news item on BBC News today about the new generation of gamekeepers.

The Borders College and Scotland’s Rural University College in Fife said ‘the skills obtained by their students [on gamekeeping courses] were proving valuable to landowners’. Yes, aren’t they just.

According to Angus McNicol of Cawdor Estates, “It’s a highly-trained profession these days. It’s very different to how things were in the past“. Really?

What short memories they all have. Here are a couple of recent examples of newly-trained students, fresh out of gamekeeping college, who now have wildlife crime convictions:

1. Lewis Whitham, who was 19 when he was caught placing a Carbofuran-laced rabbit bait out on the hill on Leadhills Estate (see here).

2. James Rolfe, who was 19 when he was caught with a severely-injured dead red kite in the back of his landrover on Moy Estate (see here).

How very inconvenient when we’re supposed to believe that the criminal gamekeeper is of the old school, now dying out and being replaced by a new generation of ‘highly-trained professionals’. Nice try.

BBC News article here.

Gamekeeper’s acquittal upheld by appeal court

A Scottish gamekeeper whose trial collapsed earlier this year on a legal technicality has had his acquittal upheld by the Appeal Court.

Anstruther Peter Smith, a beat-keeper on Airlie Estate near Kirriemuir, Angus, was originally charged with several alleged wildlife crime offences after three buzzards were discovered in a crow cage trap at Wellbank Wood in March 2011. It had been argued that allegedly the trap didn’t meet the standards required under the General Licence. Two buzzards were immediately released but one was treated for several days before release for injuries believed to have been sustained by the buzzard’s attempts to escape from the trap.

The case went to trial at Forfar Sheriff Court in June 2012, where Smith’s defence agent argued that an SSPCA inspector’s evidence should be ruled inadmissable on the basis that the defendant’s interview was ‘unfair’. Sheriff Kevin Veal agreed and Smith was acquitted.

The Crown appealed this decision but an appeal committee (Lady Paton, Lady Smith and Lord Wheatley) recently upheld it and refused the appeal. The full details of the case and the decision can be read here.

An overview article in the Courier here.

An injured buzzard inside a crow cage trap

RSPB walks out of hen harrier ‘dialogue’

tec_logo_16271This isn’t especially new news, as it happened in the summer, but we were reminded of it today after reading something on Mark Avery’s blog – more on that later – and it does seem pertinent to blog about it now.

So, most readers will be aware of the Environment Council’s ‘Hen Harrier Dialogue’ – a process that started in 2006 that aimed to bring ‘stakeholders’ together to try and work out a way of resolving the hen harrier / grouse moor conflict in England (see here for website). Those stakeholders involved in these dialogue meetings included the usual suspects such as BASC, Countryside Alliance, Country Land and Business Association, GWCT, Moorland Association, National Gamekeepers’ Organisation, RSPB, Hawk & Owl Trust, Northern England Raptor Groups etc.

The ‘dialogue’ process has produced an awful lot of documents (and a lot of awful documents, see here) and meeting reports (see here), and a strong interest in pursuing a trial on a ‘quota system’ for hen harriers – a controversial idea spawned by Steve Redpath several years ago. In simplistic terms, this quota system would mean that grouse moor owners would ‘allow’ a certain number of breeding pairs (number yet to be established) and once a ‘ceiling’ had been reached, then they would be ‘allowed’ to remove harrier broods (non-lethally) to other parts of the UK away from grouse moors. This idea is still being discussed, although it brings with it obvious ethical and legal debates.

Hen harrier being removed from illegal trap on Moy EstateSome argue that conservation groups shouldn’t be sitting at the table with representatives from an industry that has been responsible for killing off England’s breeding hen harrier population. Others argue that the quota scheme may be the best way forward because at least there’d be some harriers, which is a better proposition than having none. Others have suggested that the quota system would never get off the ground anyway because the grouse moor owners would have to ‘allow’ a certain number of breeding hen harriers on their estates and they’ve shown themselves incapable of tolerating any.

Whatever your point of view, the bottom line is that six years on from the start of the dialogue process, and after all that talking over egg sandwiches and coffee, the English hen harrier breeding population has been reduced to one known pair. That’s it. Just the one pair. In a country that has suitable habitat to support over 300 breeding pairs.

This summer, the RSPB made a bold move and decided to walk away from the dialogue process. They said that as hen harriers have been systematically eradicated from English grouse moors then there was no longer any conflict and therefore no point in spending any more time talking about it. Instead, they intended to get on with their own plans for hen harrier recovery.

It’s not yet known what will happen to the Environment Council dialogue process now a major player has walked away. As far as we’re aware, there are still many questions about the lawfulness of the proposed trial quota scheme so it’s unclear whether attempts will still be made to push that through.

So what next for English hen harriers? After the recent sad story of the illegal shooting of Bowland Betty (see here), in addition to all the other horror stories we keep reading about from English and Scottish grouse moors (e.g. see here, here, here, here, here), is it time for a different approach? It’s obvious that the authorities can’t, or won’t deal with illegal persecution, and the grouse-shooting industry can’t, or won’t put a stop to it either. An alternative suggestion has been put forward by Mark Avery – unless things miraculously improve for breeding hen harriers in Northern England in 2013 then it will be time to start the campaign, on 12 August 2013, to end grouse shooting (see here for Mark’s blog).

Up until now we’d been supporters of the idea of estate-licensing schemes rather than an outright ban. Licensing seemed a fair and reasonable approach to regulate an industry so clearly incapable of expelling its criminal elements. But now?  The time for being reasonable has long since passed. Count us in, Mark.

For our anagram fans: Grouse moor – morgue or so

Purdey Awards: “celebrating greatness”?

The annual Purdey Awards for Game and Conservation were established to celebrate those who achieve most in game conservation, according to the Purdey Awards website (here). These awards are viewed as the game-shooting industry’s most prestigious, giving recognition to those ‘who do most to help our flora and fauna, by improving biodiversity and developing better land management‘.

The 2012 Purdey Award winners were recently announced. We were particularly interested in the ‘Highly Commended’ category:

“Brian Kaye of Redmyre Farm Shoot of Invergowrie, near Dundee, has been highly commended for his work in creating a high quality farm shoot and for enhancing the landscape and natural environment. Mr Kaye has not only dramatically improved the habitats and biodiversity for a wide variety of game birds and plant life, but has also demonstrated how shooting goes hand in hand with conservation. The award is made in recognition of outstanding work over 20 years in establishing an exemplary shoot over 320 acres of the Sidlaw Hills“.

Surely not the same Brian Kaye who owns Redmyre Estate near Invergowrie (according to the East of Scotland Association for Wildfowling and Conservation: see here)? Nah, it couldn’t possibly be. A gamekeeper on Redmyre Estate was convicted in 2010 of shooting dead a buzzard and for possession of the banned poisons Carbofuran and Alpha-chloralose (see here, here, and especially here).

Other ‘greats’ that have been celebrated with Purdey Award wins include:

Geoff Eyre, the sporting tenant on Howden Moor (2005 Purdey Gold Award). In 2011, the gamekeeper on Howden Moor was convicted of a series of wildlife crimes (see here).

Jimmy Shuttlewood, the head gamekeeper on Snilesworth Estate (2005 Purdey Special Award).  In 2008, Shuttlewood and two other gamekeepers were convicted of a series of wildlife crimes (see here).

Lochindorb Estate (2008 Purdey Gold Award). In 2010 a dead sea eagle that had been found on the estate mysteriously disappeared just before the police arrived (see here). In 2011, the trial against two Lochindorb gamekeepers began, accused of illegally snaring mountain hares. The case against one gamekeeper was dropped earlier this year; the trial against the other gamekeeper will continue in January 2013 (see here).

Lochindorb Estate hare snare trial: case continued!

Mountain hare (Photo: Neil McIntyre)We were expecting a verdict yesterday on the Lochindorb Estate hare snare trial, but Sheriff Abercrombie had other ideas.

The case has now been continued until 29 January 2013.

Clearly the sheriff recognises the significance of this test case and wants extra time to consider all the evidence.

Lochindorb Estate hare snare trial: verdict expected today

The long-running hare snare trial is expected to end today if Sheriff Abercrombie has reached a verdict.

We’ve blogged a lot about this case as the verdict could have far-reaching consequences on the way our uplands are managed, with a particular impact on grouse moor management practices.

Earlier posts can be read here (and see links within).

Two weeks ago the court heard the final pieces of evidence from the defence team, which consisted of a string of gamekeepers insisting that the type of snare used in this case is ‘selective’ (i.e. it doesn’t trap any species other than the target species). It must be a magic snare.

Many thanks to the contributor who send us a copy of the Badenoch & Strathspey Herald, dated 22 November 2012, with a summary of the evidence heard in court:

Gamekeepers tell trial of ‘selective’ snares

THREE gamekeepers have given evidence at the trial of a colleague facing allegations of illegal snaring of mountain hares on Lochindorb Estate more than three years ago.

The keepers told Sheriff Ian Abercrombie they had used the type of snare set by David Taylor and caught nothing other than mountain hares.

Former Lochindorb keeper Alexander McConnachie (66), Stuart Kennedy (45), from Tomatin, and Alan Hodgson (54), head keeper at Dalmagarry and a committee member of the Scottish Gamekeepers’ Association with special responsibility for snaring issues, told the trial they had all used the “W”  shaped snare, also known as a bow snare, as a means of controlling mountain hares on high ground on their estates.

David Taylor (65), who recently retired from his role as head keeper at Lochindorb, was charged with setting snares on April 14, 2009 on land at Lochan-t-Sidhie which were indiscriminate in which animals they could catch, contrary to the Conservation (Natural Habitats) Regulations which became law in 1994.

The trial, which started in March, reached its sixth day on Friday [16 Nov 2012] when the evidence was concluded.

Sheriff Abercrombie has agreed to written submissions being provided by both the Crown depute fiscal Iain Smith and the defence agent David McKie.

In evidence, Mr McConnachie said he was head keeper on Lochindorb between 1972 and 1993 before the new legislation came into place. He told the trial that where the snares were set, 1,500 feet above sea level, there were very few other species to be found.

Wildlife expert Hugo Straker (57), a senior adviser with the Game and Wildlife Conservation Trust and an expert on snaring law in Scotland, had earlier told the trial that the snares could be selective depending on how and where they were set. He also differentiated between a trap and a snare. In his opinion he said a trap was a spring-loaded device which can kill or trap an animal live while the snare was a “restraining device” which can kill.

Mr McConnachie told the court snares are never referred to as traps. ‘A trap is a mechanical device’, he said. Often they were concealed in a box to trap the targeted species and for the protection of other mammals. Wire cage traps, known as Larsen traps, were also used to control crows.

He said he used the “bow” snare used by Taylor extensively between 1990 and 1993 on Lochindorb because of the increase in tick of the moor.

Asked if he had ever found other animals caught in the snares he replied: “No, never. They are very selective, very humane and highly visible. I never caught anything else in them”.

He said you would get the occasional fox or roe dear [sic] at that level but it was quite rare to see a golden eagle.

Asked by depute fiscal lain Smith if an animal broke a snare how he would know it was a hare that did this. He said there was always evidence of hare fur nearby if a snare broke.

Mr Hodgson said the snares were perfectly legal at the time but gamekeepers had stopped using them because of this court case. He commented: “I would use them again in a minute. They were a brilliant tool. Easy to carry, easy to set and highly visible”.

Mr Hodgson said foxes and deer avoid them because they have forward vision. However, he said: “Hares have blind spots because their eyes are on the side of their heads, unlike predators”. He said he used them for nine years and never once found another species in them.

The trial was told by Mr Straker that since the alleged offence there had been major changes in law governing the use of snares going through parliament and all snares must have stops so mammals caught are not throttled and can be put down humanely. Everyone using them will require to be trained and certificated by a Scottish Government approved body and, from April next year, every snare will carry the operators certification number.

Police Constable Eric Sharkey (45), a wildlife officer with Northern Constabulary, inspected the site after a tip-off from a member of the public.

3 keepers face trial for alleged wildlife crimes on Morvich Estate, Sutherland

sheriff courtThanks to the contributor who sent us a recent copy of the following article published in the Press & Journal (dated 28 Nov 2012) -:

Three North men [all gamekeepers] will go on trial next year on charges of allegedly committing a string of wildlife offences on a Sutherland country estate.

None of the three accused appeared when their case was called at Dornoch Sheriff Court yesterday [Tues 27 Nov 2012] but their pleas were entered by their solicitors.

Mathew Johnston, 20 of Morvich House, Morvich Estate, Rogart, pleaded not guilty to the four charges against him, allegedly committed on the estate on February 16. The charges include that he set in place a snare which could have caused an animal coming into contact with it unnecessary suffering. He is also accused of having a dead wild bird, a barnacle goose, in his possession.

Jamie Neal, 37, of The Bothy, Morvich Estates, denied the five charges against him, which included failing to provide a suitable environment for nine crows for which he was responsible.

And the third accused, William Docharty, 57, of 10, Elizabeth Court, Dornoch, pleaded not guilty to the charge he faces that he set a snare which could have caused an animal coming into contact with it unnecessary suffering.

An intermediate court hearing was set for 18 February 2013 and a trial date for 19 March 2013.

RSPB Scotland: 2011 persecution report published

RSPB Scotland has just published its latest report, The Illegal Killing of Birds of Prey in Scotland in 2011. You probably won’t be surprised or shocked by the content, especially if you’ve read the previous 17 annual reviews. In fact, when you read this 18th review, you might get a strong sense of déjà vu.

It opens with a Foreword by Stuart Housden, Director of RSPB Scotland. Apart from the new photo, this foreword looks like a cut and paste job from the 2010 report, with a few words or sentences added or adjusted. To be fair, not much has changed since the 2010 report was published so perhaps he felt justified in repeating what he’d written the previous year.

Then there are RSPB Scotland’s strategic recommendations for addressing raptor persecution. Again, these show a remarkable similarity to the recommendations made in the 2010 report, and also in the 2009 report. The recommendations were / are still good and to see them repeated again is a useful indicator of how little progress has been made by those with the power to push them forward.

Next come the tables showing the confirmed and probable persecution incidents recorded by the RSPB during 2011. It’s these tables that the game-shooting lobby usually object too – they’re especially reluctant to accept the ‘probable’ incidents although to date, they’ve failed to provide a convincing argument to account for any of them.

The data in the 2011 tables demonstrate once again that illegal raptor persecution is widespread, with incidents reported in Perthshire, Angus, South Lanarkshire, Aberdeenshire, Dumfries-shire, East Ayrshire, Borders and Inverness-shire. We counted 15 very familiar-sounding locations within these regions, although there are a few notable absentees this time. Have they stopped their criminal activities or have they just got better at covering up? Time will tell.

Just focusing on the confirmed incidents, in total 17 incidents of deliberate poison abuse were confirmed during 2011, involving 20 victims: 7 buzzards, 4 red kites, 1 golden eagle, 2 peregrines, 2 ravens and 4 other bird species. Sixteen other illegal incidents relating to shooting, nest destruction, and the use of uncovered spring traps or cage traps were confirmed. The victims included 8 buzzards, 2 peregrines, 1 goshawk, 1 sparrowhawk, 2 kestrels and 1 short-eared owl. As in previous years, not all of these incidents were publicised at the time they occurred. It’s a continual disappointment that several years have to pass before the public learns of these appalling crimes.

Once again the occupations and interests of those convicted for illegal raptor persecution crime have been analysed (data from 2003-2011 inclusive). 87% of them were gamekeepers (7% pigeon racers, 3% pest controllers, 3% farmers).

The report includes an interesting case study of poisoned raptors that have been found in recent years on the Glen Kyllachy and Farr Estate near Inverness. Very little of this information has been previously published and certainly this is the first time these photographs have been published. It’s a shame it’s taken several years for the info and images to reach the public domain but nevertheless it’s very encouraging to see RSPB Scotland highlight these cases, especially as Northern Constabulary hasn’t bothered.

All in all the report makes for grim reading, but nobody should be surprised by that. We all owe a large debt of gratitude to the RSPB’s Investigations Team for meticulously collecting these data and especially for making them publically available.

TO DOWNLOAD A COPY OF THE REPORT CLICK HERE

Here’s some media coverage:

RSPB Scotland press release here

BBC news article here

STV news article here

Herald Scotland article here

Scottish Gamekeepers Association: statement here

Scottish Land and Estates: nothing yet

@SNHMedia: “SNH report finds vast majority of gamekeepers highly qualified”. Link to this.

PAW Scotland: nothing yet

Hen harrier found shot dead on Aberdeenshire estate

According to the Scotsman, Grampian Police are appealing for information after a protected hen harrier was found shot dead on the Fettercairn Estate, Aberdeenshire, last month.

The owner of Fettercairn Estate is quoted as saying this:

“Since its inception in 2006 Fettercairn Estate has been a long term participant in the North East Scotland Raptor Watch project. As such it was particularly distressing to hear that a dead hen harrier was found on the edge of the hill land  and I join in the appeal for witnesses to come forward“.

A Grampian Police spokesman is quoted as saying this:

“Investigations have established that the bird had been shot and officers are appealing to members of the public who may have been in the area and may have seen something suspicious. Gamekeeping staff at Fettercairn Estate have already provided significant assistance to police in their enquiries and continue to work closely in the hope that the offender can be identified and brought to justice“.

It must have been another one of those armed hill-walkers.

At least Grampian Police have made a public appeal in a (relatively) timely manner – that’s definitely progress so well done to them.

After hearing the news, Scottish Environment Minister Paul Wheelhouse issued another warning about his intention to crack down on the continuing illegal persecution of raptors:

“We will not tolerate the illegal persecution of protected species such as the hen harrier and, as I have said recently in relation to another shooting [the golden eagle that was found shot on a grouse moor on Buccleuch Estate, see here], I am prepared to look at further measures to strengthen and assist enforcement if we continue to see this flouting of the law in respect of protected species“.

That’s great Paul, but how many more incidents are required before you consider this a ‘continuing’ problem? One? Ten? Twenty? A hundred?

Article in the Scotsman here

Hare snare trial drags on

The hare snare trial, which is trying to establish whether a snare is a ‘trap’ (in legal terms) and if so, whether that trap is selective or non-selective, continued at Inverness Sheriff Court last Friday. The trial is centred on the allegation that a gamekeeper used illegal snares to take or kill mountain hares on Lochindorb Estate. He denies the charge. See here for background info on this landmark case.

The case was continued and is now set to conclude at the end of this month.

Here’s an earlier report by the SSPCA which shows that snares are, amongst other things, indiscriminate. Here’s an earlier scientific report, commissioned by DEFRA and undertaken by the Central Science Lab and GWCT, which shows that snares are, amongst other things, indiscriminate.

Here’s a link to the SSPCA website where they report on today’s conviction of a Scottish farmer (Iain Hugh McFadzean) for causing a badger unneccessary suffering in an illegally set snare. Well done once again to the SSPCA – another successful wildlife crime conviction to their credit. Can’t understand why the Scottish Government is dragging its heels in bringing forward the consultation to increase SSPCA’s powers. Unless of course they’re under pressure from certain groups who want to remain free to commit wildlife crime without being caught…