What aren’t they telling us and why aren’t they telling us?

It seems blogger Alan Tilmouth was much more astute than us. Last week we blogged about Alan’s FoI to DEFRA to find out which Northumberland shoots were set to host the DEFRA buzzard ‘study’. DEFRA wrote back to Alan to ask whether he still wanted to proceed with his FoI even though the ‘study’ had now been cancelled. Alan saw this as a ‘concealment’ attempt by DEFRA – we saw it as just a delaying tactic (see here). We were wrong!

DEFRA has now written to Alan again, this time to tell him that yes, they hold the information he requested but no, they aren’t going to reveal it for ‘public safety’ reasons!!! See Alan’s blog here for their full statement.

Public safety my arse! Does anyone else smell the rancid odour of a cover up? Time to write to the Information Commissioner, Alan!

It seems DEFRA aren’t very good at responding to FoI requests, especially those relating to the game-shooting industry. Mark Avery has also been having trouble getting DEFRA to respond to his FoIs about Walshaw grouse moor (see here).

Talking of cover ups, still no official word from Tayside Police, Grampian Police or the RSPB on that dead golden eagle that we reported on Monday (see here). Hmmm…

Another dead golden eagle: surely not a cover up?

Information has been received about the recent discovery of a dead golden eagle in Scotland, whose injuries suggested it had been killed illegally (poison is not thought to have played a part in this one).

The discovery of the eagle’s body and an assessment of its injuries, along with tracking data from its satellite tag, led to a joint police/RSPB search of a well-known sporting estate last month.

Why hasn’t there been any public statement about this incident from the two police forces involved (Grampian & Tayside) or the RSPB? Fair enough for investigators to keep quiet prior to the search so as not to alert any potential offenders, but it’s now several weeks later and still no statement? Surely this incident is of significant public interest?

If it hadn’t appeared on this blog, would this incident ever have come to the public’s attention? It certainly wouldn’t be included in the ‘official’ annual persecution stats because those figures only relate to known poisoning incidents; they don’t include incidents where other methods of persecution have been employed such as shooting, nest destruction or trapping. It might get published in the RSPB’s list of ’probable’ persecution incidents in their 2012 annual review, but that won’t be published for at least 18 months (winter 2013) by which time this latest eagle death would be considered ‘old news’. How convenient, for one sector of society at least.

For the time being, specific details about this incident, including the nature of the eagle’s injuries and the name of the estate that was subsequently searched have been deliberately excluded from this post as it will be claimed the investigation is still ‘live’. Even if that’s true, what, or who is preventing the police/RSPB from issuing a preliminary press release about their investigation into yet another suspicious death of a golden eagle on yet another Scottish sporting estate?

SGA leaders try to spin the science….but fail

Those award-winning scientific gurus at the Scottish Gamekeepers’ Association have been sharing their intellectual acumen as they interpret recent scientific research relating to raptors.

First up is Professor Bert Burnett, who chose Facebook as his outlet (well, scientific journals are just so passé) for an examination of the recent paper on historical eagle distribution in the UK and Ireland (see here). His thesis starts with this:

The RSPB are even more powerful than i thought. The are now able to contact the dead, who had the foresight to record raptor numbers on blocks of stone knowing that the RSPB would be needing the info in 3,000 years time. Has anyone actually checked the validity of this latest garbage from RSPB? We have also had teradactals  etc in the uk, have the RSPB got the population info on them as well? With a bunch of irate 21st century farmers breathing down their necks, me thinks the RSPB are getting fidgity“.

Thirty-four minutes later, Professor Burnett decided that actually, this peer-reviewed scientific paper might be useful after all, as it appears to support his hypothesis that eagles are not constrained by persecution and certainly not by gamekeepers, no siree bob:

looking at the post 3000 year population figures from RSPB i note that the golden eagle pop. was 650 for the uk as a whole. Scotland has 440 now, living in a much changed counryside from 3000bc, i would think this is a huge success story not the doom and gloom pushed out by the RSPB“.

Had Professor Burnett studied the data in a little bit more detail, he would have noted that the golden eagle breeding population estimate for c. 500 was actually 1,000 – 1,500 pairs. Oops.

Professor Burnett’s esteemed colleague, Professor Alex Hogg, also had his own unique interpretation on recent scientific research, this time on the DEFRA buzzard ‘study’. Choosing that highly-acclaimed scientific journal Shooting Times to report his scientific results, Prof Hogg wrote this:

In Scotland, we are already ahead of where England is now with this [the proposed buzzard ‘study’ that included the destruction of nests and permanent removal of adult buzzards into captivity]. The trials have been done“. (Read full article here).

Really? Where and when were these trials done in Scotland, and where are the published, peer-reviewed results?

Professors Burnett and Hogg are not the only ones from the game-shooting community who have been demonstrating a shocking ability to misinterpret science….more in a following post.

Where eagles dared: new study reveals historic British & Irish range

A new study has revealed the former range of the golden and white-tailed eagle in Britain and Ireland (going back 1500 years) in comparison to the two species’ current ranges, which are much more restricted.

The paper, published in the journal Bird Study (read abstract here), highlights the differences between historical and current eagle distribution and population sizes and provides evidence that at least one eagle species was present throughout much of Britain and Ireland in former years – an issue that has been previously disputed by those arguing against eagle reintroductions. The study also provides compelling evidence of the effect of persecution, an issue that continues to this day (e.g. see here).

The paper includes several maps to show the former and current distribution of the two species. It’s worth noting that the map depicting the current distribution is missing some important eagle locations – probably deliberately to protect these vulnerable sites. It’s a sad reflection on us that this is still neccessary in the 21st century.

BBC news article here; Scotsman article here

Yet another golden eagle mysteriously ‘disappears’

Last month we blogged about the ‘disappearance’ of a satellite-tagged golden eagle (see here). Now 22 days later we’re blogging about another one. Isn’t it strange how many UK satellite-tagged raptors go ‘missing’; not just golden eagles, but white-tailed eagles, hen harriers and red kites too. Wonder how these figures compare with tagged raptors in other parts of the world?

The last signal from the latest young golden eagle (#32857) to go ‘missing’ was received on May 11, just to the north-east of the Cairngorms National Park (see here).

Was it just a satellite tag failure and the eagle is still alive and well? Possibly.  Did it die of natural causes? Possibly. Was it poisoned? Possibly. Was it shot? Possibly. Was it caught inside a crow cage trap and bludgeoned to death? Possibly. Will we ever find out? Possibly. If it is found to have been killed illegally, will the perpetrator be brought to justice? Probably not (see here for the ever-growing list of dead and/or missing eagles in recent years for which nobody has ever been prosecuted).

Somebody asked a question the other day and we’ve still not been able to provide an answer:

What does it take to secure a conviction for killing an eagle in the UK?”.

We’ve heard all the excuses in the book, some valid, some not:

(i) The discovery of a poisoned eagle on a sporting estate isn’t enough to secure a conviction because either it could have been poisoned elsewhere and then flown to die at that location, or, it could have been ‘planted’ on the estate by the anti-game-shooting lobby (according to claims made by various gamekeepers over the years although without any actual evidence).

(ii) The discovery of a poisoned eagle lying next to a poisoned bait on a sporting estate isn’t enough to secure a conviction because it’s virtually impossible to identify which individual gamekeeper laid the bait, especially when they all deny it.

(iii) The discovery of a poisoned eagle and a stash of the same poison found on premises on the same sporting estate, and an admission from an individual gamekeeper that he had sole access to the poison isn’t enough to secure a conviction because….well, we don’t know the answer to that one, you’d have to ask COPFS.

(iv) The discovery of a poisoned eagle and a stash of the same poison found in vehicles and traces of it on knives and gamebags on the same estate isn’t enough to secure a conviction because….we don’t know the answer to that one either – ask COPFS.

(v) What if somebody was filmed laying out a poisoned bait and was then later filmed returning to remove the eagle poisoned by that bait? The film evidence would probably be ruled inadmissable because the cameraman was operating ‘covertly’ (i.e. without the landowner’s permission!).

(vi) What if a gamekeeper was found with a dead eagle in the back of his vehicle, and the eagle had injuries consistent with being caught in an illegal spring trap (e.g. broken legs) and having had its head caved in with a blunt object (e.g. smashed skull)? This wouldn’t be enough to secure a conviction because the keeper would probably claim he had just found the dead bird and was taking it home to report it to the authorities. At best he’d be charged with ‘possession’.

The shocking truth is, there has never been a successful prosecution for the illegal killing of an eagle in the UK, in spite of the sometimes overwhelmingly compelling evidence in some cases. So, just what does it take for someone to be convicted of killing an eagle in the UK?

Glen Orchy poisoner: sentence deferred ’til July

Tom McKellar, a gamekeeper/farmer at Auch Estate in Argyll who was convicted last month of possession of the banned pesticide Carbofuran (see here and here) was due to be sentenced today. Sentencing has now been deferred until 23 July (we don’t yet know the reason for this further delay).

The Carbofuran was discovered at McKellar’s place nearly three years ago in June 2009 during a police raid in connection with the discovery of a poisoned golden eagle at Glen Orchy on 7 June 2009 (see here). Toxicology results showed the dead eagle had been poisoned with Carbofuran. McKellar reportedly admitted during a police interview that he had previously laid out poison baits to kill foxes (see here) but he wasn’t charged with poisoning that golden eagle.

Also discovered during that police raid was a stash of illegal handguns in McKellar’s loft. On conviction at the High Court in Glasgow in December 2010, instead of receiving the mandatory five-year prison term he was given a sentence of 300 hours’ community service (see here).

There is a lot more to the Glen Orchy eagle-poisoning incident than meets the eye but we’re unable to disclose further information until McKellar has been sentenced. Rest assured, we’ll be writing more about this in due course.

Buzz off Benyon, & other news from the murky underworld of raptor persecution

There are no signs of the public’s outrage subsiding over #Buzzardgate. You only have to type in the words ‘buzzard’ and ‘DEFRA’ into a search engine and the strength of feeling against DEFRA’s outlandish plan is almost palpable.

The best article we’ve read, so far, is that written by George Monbiot in the Guardian (here). There’s also a good article by Michael McCarthy in the Independent today, entitled ‘Richard Benyon: The bird-brained minister (see here). Although McCarthy seems to think that the buzzard-nest destroyers will start their shotgun antics as of this Friday (1st June), presumably because that was the proposed start date in DEFRA’s research tender document (see here). However, the buzzard breeding season is well underway and many nests now contain small chicks and the DEFRA ‘study’ suggests that nests will be destroyed during ‘construction’; it doesn’t say anything about destroying active nests containing breeding adults, eggs and/or young (not that that would stop the trigger-happy nest destroyers, of course).

But perhaps the destructive parts of this study won’t start this Friday (if they ever start at all, depending on how loudly we all shout our objections). According to the June edition of ‘Modern Gamekeeping’ (which could just as easily have been called ‘Victorian Gamekeeping’ because nothing seems to have changed except for new bits of kit designed to help the ‘keeper kill more wildlife), the trial’s start date is not that clear:

Though DEFRA insists it is too early to comment on the finer details of the study, it is expected to launch some time this year. A spokesperson said: “The tender for the research project on management techniques to reduce the predation of pheasant poults by buzzards closed yesterday. We will announce the successful bid later in the summer“”.

Modern Gamekeeping isn’t available online (another example of its misnomer) but a photograph of its buzzard trial cover story can be found on Alan Tilmouth’s blog (here). Incidentally, Alan Tilmouth has been one of the most prolific tweeters on this issue and we know he was directly responsible for directing some ‘important’ people to this blog when we led on this story last week, so many thanks Alan, and good luck with your DEFRA FoI request to find out which Northumberland estates are involved; we’re all VERY interested in those results.

Another DEFRA FoI request has been lodged by ‘SWBirdWatch’ which can be followed on the public website ‘What Do They Know?’ (see here).

Since the buzzard trial story hit the news last week, several commentators on various blogs and websites have mentioned that the game-shooting lobby may have shot themselves in the foot over their latest attempt to get rid of raptors, because now the full glare of the spotlight has been turned onto their industry, with mainstream media taking a real interest. Mark Avery’s blog this morning (see here) focuses on some of the questions now being asked by a wider audience where previously they were just being asked by a smaller minority of special-interest groups. All good stuff.

For those who haven’t already done so, there are two main petitions to sign to show your disapproval of the buzzard trial – please, take a minute to sign both of them and let Mr Benyon feel the full force of our discontent:

https://raptorpersecutionscotland.wordpress.com/2012/05/24/add-your-name-to-petition-against-buzzard-management/

http://www.change.org/petitions/minister-for-wildlife-and-biodiversity-defra-stop-the-subsidy-for-buzzard-nest-destruction?utm_medium=facebook&utm_source=share_petition&utm_term=friend_inviter_action_box

In other news, Tom McKellar is due to be sentenced today (he’s the gamekeeper from Glen Orchy who was convicted in April of possessing the banned pesticide Carbofuran, although he didn’t face any charges over the dead golden eagle found at Glen Orchy which had been poisoned by er… Carbofuran – see here). We’ve received some further information about that poisoned eagle and we’ll discuss it once McKellar’s case has ended.

Another hearing opening today concerns the head keeper at Edradynate Estate in Perthshire. More on that case in due course…

Crow traps: what you should know part 2

Following on from our earlier blog – Crow traps: what you should know part 1 (here)

The following information concerns the use of crow cage traps in Scotland; they are also used in other parts of the UK although the terms of use differ slightly (see here for information on their use in England, here for Wales and here for Northern Ireland).

What is a crow trap and why should we be concerned about them?

There are various types of animal traps in use in the countryside but the two we focus on in this article are the ‘ladder’ and ‘funnel’ crow cage traps. These are large, walk-in traps usually constructed with a wooden frame and wire mesh netting. A decoy bird (often a carrion crow but certain other decoy species are also permitted) is placed inside the trap to attract corvids or other target species. Birds that are attracted to the trap can enter via the roof, either through the horizontal slots of the ‘ladder’ or via a ‘funnel’. Once inside the trap it is virtually impossible for the birds to escape unaided. These trapped birds are usually destined to certain death at the hands of the trap operator who is legally authorised to kill them, subject to certain conditions (discussed in Part 3). In some rare circumstances, raptor workers deploy temporary crow cage traps to capture buzzards for marking projects, such as wing-tagging etc. Obviously these buzzards are released as soon as they’ve been marked; they aren’t killed by the trap operator!

There are many concerns surrounding the use of crow cage traps (some we’ll discuss below) but the over-riding concern is the indiscriminate nature of these traps, which means that species other than the target species can be, and often are, caught by gamekeepers, e.g. buzzards, goshawks, golden eagles etc. It is not illegal to (accidentally) trap these non-target species, but it is an offence for the trap operator not to release them, unharmed, at the earliest opportunity. More on this in Part 3.

Crow trap use is governed by a general licence, issued annually by Scottish Natural Heritage (see here). These licences are issued for the purpose of either (a) the conservation of wild birds, (b) to prevent serious damage to livestock, foodstuffs for livestock, crops, vegetables and fruit, and (c) to protect public health, public safety and prevent the spread of disease. Trap operators need not ‘apply’ for an individual licence, hence the name ‘general’ licence. Each general licence is subject to strict conditions (discussed in Part 3). If the trap operator complies with all the conditions of the general licence then the use of the crow trap is legal. However, in practice some of these conditions are ambiguous at best, and this is recognised by SNH who undertake regular consultations aimed at clarifying the terms of use (e.g. see here for their latest consultation plans).

Before we get in to the nitty gritty of how to recognise a legal trap from an illegal trap it’s worth mentioning that the RSPB (and other groups such as OneKind) has long campaigned for a more thorough review of the legal framework concerning these general licences for crow traps, particularly in relation to potential breaches of European legislation, including the EC Birds Directive. For anyone interested in the RSPB’s position, this document from 2007 (here) is informative.

Other concerns include the fact that there isn’t any effective monitoring of the impact these traps have on both target and non-target species. Crow traps are in use across Scotland year-round but are especially associated with upland grouse moors. It isn’t known exactly how many crow traps are in operation in Scotland but a conservative estimate would be in the hundreds, but probably nearer the thousands. There is currently no requirement for trap operators to record and/or report the number of target and non-target species caught and killed inside a trap (and even if there was such a requirement, who would believe the submitted figures? No gamekeeper is going to admit to illegally killing a protected species!). So how can the regulatory body (SNH) monitor the impact of crow trap use when they haven’t got a clue just how many traps are in use and how many birds and of what species are being killed each year? The follow-on question is, how can these general licences still be issued when the regulatory body cannot justify, in quantifiable terms, the need for lethal control measures?

Some may argue that there is now a record of the number of traps in use because recent changes to the general licences now require that a sign is attached to each trap with a unique identifying code issued by the local police force. However, this unique code is not assigned to an individual trap or to an individual trap operator, but rather to a landowner (or occupier) such as a sporting estate or a farm. This means that an estate owner can use the same code for multiple traps on his/her land (e.g. they may have just one trap or they may have 50+ traps depending on the size of the estate); the point is that the authorities do not have any means of knowing how many traps are in use on a particular estate because they only issue one code per estate.

From a law enforcement perspective, this use of a single identifying code for multiple traps makes it almost impossible to prosecute an individual for illegal use of the trap. For example, if a golden eagle is found dead inside a trap, and it’s obviously been there for a long time, then an offence has probably been committed (because traps must be checked at least once in every 24 hour period – see Part 3). Investigators may attend the scene but find that the trap is located on a large estate that employs multiple gamekeepers. None of the gamekeepers admit responsibility, so how does the investigator identify the individual responsible? A prosecution cannot commence unless an individual suspect is identified. It’s the same loophole we’ve seen used so many times when poisoned bait has been found on a large estate; nobody admits responsibility for laying the bait and thus the perpetrator(s) escape justice. It is only when the trap is located on a smaller estate where a single gamekeeper is employed that there is any chance of a prosecution.

Talking of loopholes….we’ve touched on this briefly in previous posts….in 2008 a new condition was added to the terms of use of the general licences. That new condition was that anyone who had a previous wildlife crime conviction was not allowed to use the general licence unless their conviction was considered ‘spent’, i.e. after five years from conviction. (Although even if you did have a recent conviction you could still apply for use of the licence and each case would be considered on merit, so it’s not quite the draconian condition that some imply). However, in 2009 the condition (of being banned for five years) was modified and we don’t recall any consultation about the insertion of this modification! The new modification says that you can still use the general licence if the sentence you received for your wildlife crime was an ‘admonishment’. Talk about a get-out clause! You might think this modification was quite reasonable, after all, an admonishment (effectively a telling off) is only given for minor offences, right? WRONG!!! Because there aren’t any mandatory sentences for wildlife crime offences in Scotland, a sheriff can choose a sentence at will (within the boundaries of sentencing limits at a Sheriff court, of course). In 2010, a sheriff imposed an admonishment on Graham Kerr, a gamekeeper on the Redmyre Estate, for possession of the banned pesticides Carbofuran and Alphachloralose (see here). The maximum penalty available was a £5000 fine and/or a six month prison term, reflecting the gravity of this type of offence. Had Kerr not also been handed a £400 fine for shooting a buzzard on the Redmyre Estate, his admonishment would have allowed him to continue using the general licence to operate a crow cage trap. In our opinion this is outrageous. What’s the point of having a condition of a five-year ban for a wildlife criminal if that condition is modified based on the whim of a sheriff’s sentencing choice rather than the nature of the actual criminal offence committed? It’s total nonsense. Why was this modification added to the terms of the general licence and who instigated its inclusion in 2009 and who approved it? Was anyone given the opportunity to object to its inclusion? Perhaps a Freedom of Information request is called for here…

This leads on to another concern…who is actually monitoring the trap operators? How do we know that someone with a recent criminal conviction (who was given a stronger sentence than an admonishment) is not still operating a crow cage trap? We know that many estates don’t sack their gamekeepers following a wildlife crime conviction, and we know of at least one estate where a previously convicted gamekeeper (guilty of raptor persecution) is now employed as a ‘gardener’!!

The potential for the misuse of crow traps is well known amongst raptor workers.  Previous reports on this issue have been produced by the RSPB (e.g. see here). Although this 2004 report is now fairly dated and some of the report’s recommendations have since been implemented, there is still a great deal of concern that crow traps are still being deliberately used to target raptor species, particularly buzzards and goshawks and in some areas, golden eagles.

So what can we do about it? In Part 3 we’ll explain the basics of what makes a crow cage trap legal, what makes one illegal, and the blurred line in between the two. We’ll also explain what members of the public should and shouldn’t do if you find a crow trap that you suspect is being operated illegally.

Another golden eagle mysteriously ‘disappears’

Thanks to Dave (contributor) for highlighting this one:

http://www.raptortrack.org/category/golden-eagle/angus-26/

Another poisoned raptor, another well-kept secret?

Last week we blogged about Des Thompson’s presentation at the Scottish Wildlife Crime Conference (see here). Here’s a reminder of what he had to say about Northern Constabulary and the problem of red kite persecution in northern Scotland:

So 40% of the dead, just over 100 red kites were poisoned in north of Scotland, without poisoning we should have had 300 plus birds, poisoning of red kites in the north of Scotland is attracting a lot of criticism nationally, and we now know the location of the hotspots problem areas where red kites have been found, poisoned, and we’re working closely with the police to tackle this. And I want to put on record here how grateful we are to Northern Constabulary, er, senior staff at Northern Constabulary for meeting with us to discuss the scientific issues and for taking forward the very ambitious programme of work to tackle this problem“.

So what is this “very ambitious programme of work” and why is it that Northern Constabulary appear to need persuasion to carry out what is its statutory duty to investigate wildlife crime?

If you look at the Force’s website you’ll see that they have 13 police Wildlife Crime Officers (see here) who are overseen by a Force Wildlife Crime Coordinator, Chief Inspector Matthew Reiss. The website also includes a ‘statement of intent’ in relation to tackling wildlife crime and the Force says it is committed to tackling wildlife crime (see here). Further, Chief Inspector Reiss is on record (according to Highland News) as saying Northern Constabulary treats wildlife crime “extremely seriously” (reported here after the convictions of Skibo Estate and Moy Estate employees for wildlife crime offences).

All sounds very convincing and reassuring, doesn’t it? Why is it then that Northern Constabulary has remained tight-lipped about the discovery, 15 months ago, of a poisoned red kite allegedly found on moorland at the boundary of Skibo Estate? We have been told that the satellite-tagged kite was allegedly found in February 2011. SASA documents show that only one red kite from the Highland region was tested in February 2011  and  it had been poisoned by Alphachloralose and was the subject of on ongoing police investigation (SASA ref #11020, see here).

Was there any publicity about this bird? We think we might have remembered if there had been, but we checked back to Northern Constabulary’s archived news items on their website for the month of February 2011 in case we’d missed it – but no, plenty on there about theft of handbags and damage to tractors but not a whisper about the discovery of a poisoned red kite.

Was there a police raid on the surrounding properties where this bird was allegedly found poisoned? If it was found at this location, and given that this is one of the supposed ‘hotspot’ areas for raptor poisoning (three golden eagles and a sparrowhawk found poisoned in 2010 – no convictions; a staked-out poison-laced grouse bait found in 2010 – no convictions) wouldn’t a police raid be the obvious first step in an investigation?

So is that it? No further action? If we hadn’t received a tip-off would it ever have come to light? Where was the RSPB in all of this? Did they know that one of their satellite-tagged kites had allegedly been found poisoned? If they did, why wasn’t the incident publicised? Where was SNH and PAW Scotland in all of this? Did they know that one of the satellite-tagged kites that they’d helped fund had allegedly been found poisoned? Where was their publicity? Where was the NWCU in all of this? Were they notified? Was this alleged incident the trigger for setting up the meeting with senior staff at Northern Constabulary to discuss the red kite persecution ‘science’?

This is the second time in the last few weeks that Northern Constabulary has been at the centre of allegations of secrecy and cover-up when it comes to wildlife crime (see here for earlier report on the suspected shooting and decapitation of a white-tailed eagle on Skye that went unpublicised). How many more incidents are there left to be uncovered? To be fair, Northern Constabulary does sometimes get it right, with current ongoing court cases including the alleged hare snaring at Lochindorb (here) and alleged egg theft (here), but ‘sometimes’ just isn’t good enough. Nobody’s suggesting these investigations are easy – we’ve all seen how difficult it can be to get COPFS to agree to a prosecution – but Northern Constabulary (and others) don’t help themselves when they choose not to publicise, or sometimes even investigate these alleged crimes.

How about everyone stops all the politically-motivated soundbites about commitment and very ambitious work programmes and just focuses on getting the basics right?