It’s just ‘a few rogues’

One of the most significant barriers to ‘sorting out’ the widespread illegal persecution of raptors in Scotland is getting anyone to accept responsibility for these crimes. Previous analyses by the RSPB have shown an irrefutable link between illegally-killed raptors and the game-shooting industry (e.g. see here). Time and time again, scientific peer-reviewed studies have also shown the incontrovertible relationship between areas that are ‘missing’ breeding raptors such as golden eagles and hen harriers, and areas managed as sporting grouse moors (e.g. take a look at the government-funded Conservation Framework Reports for the golden eagle and hen harrier as a starter).

Despite the long-standing and highly-regarded body of evidence, the game-shooting industry continues to refuse responsibility. The latest article in the Scotsman (see here) provides a perfect example of this.

It’s a handful of “rogue estates” carrying out poisonings, say the gamekeepers. It’s a “handful of estates” says David Hendry of the Cardney Estate. It’s “a minority” says Susan Davies of Scottish Natural Heritage. It’s a “tiny minority” according to the SGA response to the article on their Facebook page.

It’s an interesting choice of words isn’t it? The term ‘rogue’ is often used in a jocular sense in today’s society – “Oh, he’s just a loveable rogue”, meaning yes an individual is bending the rules but he’s not doing any real harm, he’s alright really. The term ‘rogue’ is also used to infer just one or two individuals (e.g. it was a rogue crocodile, or it was a rogue tiger that attacked the man), as is the term ‘a handful’. What is a handful? One or two? Not more than five? Not more than ten? The term ‘minority’ (depending on the context) refers to less than the majority.

Do any of these words adequately describe the extent of illegal raptor persecution on Scottish sporting estates, or are they just words used to deflect the increasingly obvious conclusion that illegal raptor persecution is endemic across many sporting estates? Let’s look at the stats.

This blog has been accused of using out-of-date information to create the false illusion of widespread raptor persecution. It’s a valid criticism in some ways as our Named Estates page dates back to incidents that were recorded in 1979. Actually it only includes one record from 1979 but to be fair the list does include a lot of reported incidents from the 1980s and 1990s. These early reported incidents were only used to illustrate the historical nature of illegal raptor persecution – i.e. it’s been going on for decades, but to be completely upfront we have since indicated which of those estates are known to have since changed hands (and thus potentially changed their ‘management’ practices). So, let’s just look at reported incidents from the last two years – that is, from January 2009 to March 2011, the most up-to-date figures available in the public domain.

During this period, twenty-six named locations have been identified as places where dead raptors have been reportedly found in suspicious circumstances. Most were poisoned but ‘a handful’ were shot or trapped and one (on Logie Estate) was found dead but the cause of death remains unknown. Of these 26 locations, 14 were on named estates: Auch Estate, Edradynate Estate, Farr and Kyllachy Estate, Glenbuchat Estate, Glenogil Estate, Invercauld Estate, *Leadhills Estate, Logie Estate, Millden Estate, Mountquhanie Estate, *Moy Estate, *Redmyre Estate, *Skibo Estate, Strathspey Estate. The remaining 12 locations were un-named and may or may not involve estates: eight in 2010 and four between Jan/Mar 2011. Of course, just because an illegally poisoned, shot or trapped dead raptor is discovered at a location doesn’t necessarily implicate the estate owner, shooting tenant or gamekeeper. It could just be a series of unfortunate coincidences, even though in the Scotsman article David Hendry of Cardney Estate admits that “there are a number of estates using poison still.” On only four of the above estates have gamekeepers been convicted for related crimes (Leadhills, Moy, Redmyre and Skibo).

If we expand the search to the previous five years (2006-2011 – as this is still relatively recent), then obviously the list grows:

*Birthwood Farm, *BlythFarm, *Cabrach Estate, Clova Estate, Dawyck Estate, Dinnet & Kinord Estate, Dunecht Estate, *Frogden Farm, *Glenbuchat Estate, Glenfeshie Estate, Glenogil Estate, Glen Turret Estate, *Innes House Estate. (The ones with an asterisk indicate a conviction during this period).  In addition, a further six un-named locations are reported.

If we remove from this expanded list those estates that were already included in the two-year analysis (i.e. Glenbuchat, Glenogil) then we are left with a total of 25 different estates where dead raptors have been reportedly discovered in suspicious circumstances in the last five years. Add to these the 18 un-named locations and you get a running total of 43 different locations, assuming that all of the un-named locations were different to the named locations.

Forty-three. Is that ‘a minority’? Well yes, in the strictest sense it is because there are hundreds of shooting estates in Scotland. The exact number seems hard to pinpoint but it’s certainly at least in the low hundreds, which means that 43 is a minority in this context. But is it a ‘tiny minority’? Is it ‘a few rogues’? Is it ‘a handful’? No it isn’t. It’s a lot more than that and the game-shooting industry is being disingenuous if it continues to peddle this rural myth. But of course they’ll continue to peddle it because they want us to believe that they’re a law-abiding industry who just happen to want licences to be allowed to legally kill ‘just a few rogue’ raptors.

And what of the locations that haven’t been reported but can be implied by the ‘missing’ breeding raptors reported in the scientific papers? How many of these locations are there? Who knows. One thing is for sure – if the landowners and gamekeepers won’t admit responsibility for the incidents we do know about, they sure as hell aren’t going to admit to the ones we don’t know about! The representative bodies all say they’re working hard behind the scenes to get the ‘rogues’ to stop, but they’ve been saying that for a long, long time and here we are in 2011 and the killing continues up and down the country, with the exception of ‘a handful’ of decent estates who proactively welcome breeding raptors. Why does it continue? Because the majority know they can get away with it, just as they have been doing for the past 50+ years.

RSPB tells estates & landowners to ‘sort out’ illegal raptor persecution

In an article published in today’s Scotsman newspaper, RSPB Scotland has told estates and landowners it is time they “sorted out” the problem of birds of prey being killed.

They place the blame for illegal raptor persecution firmly at the feet of landowners and estates and say that persecution could be halted if landowners were more willing to address the problem. In reply, landowners and gamekeepers say it is just ‘a handful of rogue estates’ involved and that peer pressure is being applied behind the scenes to try and get them to stop. Bob Elliot, Head of Investigations with RSPB Scotland says more needs to be done. “They (estates and landowners) have said they don’t condone it time and time again – but what other industry do you know that wouldn’t have sorted this out by now, internally? Evidence that there is anything changing is very difficult to judge. We need to concentrate on the fact that our species are being targeted illegally and being killed.”

While Elliot is happy that vicarious liability has been included in laws covering wildlife crime, meaning landowners as well as gamekeepers have responsibility for what happens on estates, he says he would like them to be toughened further: “You can charge someone with possession of a banned chemical but there is no equivalent to a charge like ‘going equipped’ or ‘concerned in the use of’.”

The concept of ‘just a handful of rogue estates’ being involved is a familiar one, but when you look carefully at the recent persecution incidents you realise it’s simply not true. The next blog post will investigate this concept in more detail.

Well done to Bob Elliot and his colleagues at RSPB Scotland for continuing to expose the criminal persecution of raptors on sporting estates and elsewhere, and for trying to bring to justice those responsible for these selfish, disgusting crimes.

The article in the Scotsman can be read here.

Update on last week’s police raid

Further to the blog post on 19 July 2011, the name of the Highland sporting estate that was raided last week has been reported as Farr and Kyllachy Estate, near Inverness. The police raid was in connection with alleged wildlife crime incidents that include a poisoned sea eagle and a poisoned golden eagle, believed to have been discovered in June 2010, and four dead red kites.

Allegations of wildlife crime in this area date back several decades, including the previously reported discovery of poison bait, hen harrier nest destruction, poisoned eagles, poisoned red kites and attempted trapping of goshawks and peregrines. All of these allegations can be found by anybody interested in doing an internet search, although no allegation has ever been proven in the Scottish courts.

No charges have been reported in relation to last week’s police raid. On this basis, blog commentators are reminded that anyone connected with Farr and Kyllachy Estate must be presumed innocent.

According to a 2005 report in The Times, Farr Estate is expected to receive profit of up to £11 million from revenue generated by recently erected wind turbines (see here).

Last year, The Press & Journal ran an article (here) about tick management on the estate, including an interview with the Laird, Philip Mackenzie. The article claimed that tick control had led to a 20-fold increase in the number of brace shot (red grouse) in the previous six years. It also stated the Estate was expecting 2010 to produce the best grouse bags since 1938, leading to 15 days of let driven grouse shooting, at a tidy charge of £10,000 + per day.

Last year Farr Estate donated driven and walked-up grouse shooting days to the Game and Wildlife Conservation Trust’s (GWCT) 2010 Grand Scottish Draw (see here).

SNH agrees to collaborate with GWCT – should we be concerned?

Scottish Natural Heritage (SNH), the government’s statutory advisory body on nature conservation, has recently pledged its intent to work closely with the Game and Wildlife Conservation Trust (GWCT – formerly known as The Game Conservancy). Here is their published joint statement of intent – unfortunately a rather turgidly written set of objectives – that includes reference to predators such as buzzards and ravens.

It’s an interesting alliance and one which will no doubt be a cause of concern for some.

The GWCT  defines itself as an “independent charity”. Some commentators suggest that the GWCT is not independent of the shooting industry; a claim based on the interests of its good directors and officers (see here).

The GWCT accepts sponsorship from Artemis Investment Management Ltd (see here). All perfectly lawful of course but open to scrutiny nevertheless.

The GWCT’s Scottish Committee Chairman was questioned over the mysterious disappearance of a dead white-tailed eagle, reported to have been discovered on his estate but then it apparently vanished in to thin air when the police arrived the following day (see here). He denied any involvement.

The GWCT is reported to be involved with controversial ‘research’ commissioned by Songbird Survival. This ‘research’ is aimed at killing corvids and it has been suggested that in future it could extend to killing raptors (see here).

The GWCT was at the forefront of criticism into the SNH-funded Hen Harrier Conservation Framework Report. Basically, the GWCT did not accept the peer-reviewed scientific findings that hen harriers are being systematically slaughtered on UK grouse moors. Instead they wanted to deflect attention on to golden eagle/hen harrier interactions (a bit difficult seeing as golden eagles are also absent breeders on most grouse moors) and on to predation of harriers by foxes (foxes are just as unwelcome on grouse moors as hen harriers so the impact must be minimal, and certainly not enough to cause two-thirds of the harrier population to ‘disappear’).

So, a joint partnership a cause for concern? You decide.

GWCT website here. SNH website here.

Latest SASA figures reveal widespread poisoning incidents in early 2011

The latest figures detailing illegal animal poisoning incidents in the first quarter of 2011 have just been released by Science and Advice for Scottish Agriculture (SASA) on behalf of the Scottish Government.

The figures cover the period January to March 2011, and show that criminal raptor poisoning incidents were detected in each of the three months. They include 3 buzzards, 1 golden eagle, 1 red kite and 2 peregrines.  Poisoning incidents were widespread, taking place across Scotland, including in the Borders, Strathclyde, Tayside, Grampian and the Highlands. The illegal poisons used included Carbofuran, Chloralose and Strychnine. So much for the game-shooting industry’s self-regulation. I guess 2011 will not be the year they ‘stamp out’ illegal raptor persecution.

Not for the first time, two of the five recorded incidents were apparently unpublicised in the media: 1 x buzzard poisoned with Carbofuran in the Borders in January 2011, and 1 x red kite poisoned with Chloralose in the Highland region in February 2011.

SASA poisoning figures for period Jan – Mar 2011 available here

A recent history of golden eagle persecution in Scotland

Two years ago in July 2009, Alma, a two-year golden eagle who had been satellite-tracked across Scotland from her birth place on the Glenfeshie Estate, was found dead. She was discovered lying face-down in the heather on Millden Estate, Angus and later tests showed she had been poisoned by the banned pesticide Carbofuran.

The police conducted a search of Millden Estate and the local community responded with anger to Alma’s death. They wrote letters of concern to the local estates, the Environment Minister and the Chairman of Scottish Natural Heritage. On the second anniversary of her death, has anybody been brought to justice for killing her? Not that we know of.

Alma’s death is not a stand alone case, as we are all too aware. Prior to her killing in 2009, 17 golden eagles were confirmed victims of shooting, trapping or nest destruction in Scotland, between 1989 and 2009, according to this RSPB report. In addition, in the same report a further 24 golden eagles were confirmed victims of illegal poisoning in Scotland during the same period, including Alma.

The killing didn’t end with Alma. Since her death in 2009, a further 5 golden eagles have been confirmed killed – four of them last year (3 of them at Skibo Estate and one on an un-named grouse moor near Inverness ) and at least one known death so far this year, on North Glenbuchat Estate. That makes a total of 46. And these are only the ones we know about. There are other suspicious incidents, such as the four golden eagle leg rings reported to have been found in 2010 in the possession of convicted gamekeeper James Rolfe of the Moy Estate. As this report points out, these rings were originally fitted to golden eagle chicks prior to their fledging from nests in Sutherland, Grampian, Mull and Skye. These rings must have been removed from the dead eagles but how they came to be in Rolfe’s possession is unclear.

Add these four to the grand total and you get a minimum of 50 golden eagles illegally persecuted in Scotland since 1989. Nobody has ever been convicted for any of these reported crimes.

Poisoned golden eagle at Glen Orchy – two years on…

Two years ago today, this dead golden eagle was discovered by hill walkers in Glen Orchy, Argyll. Government tests later showed it had been poisoned by the illegal pesticide Carbofuran. This poisoning incident made the national press (e.g. here).

Several days later, a multi-agency search was conducted in and around Glen Orchy. The police-led operation included the Oban Community Policing Team, specialist wildlife crime officers from three police forces (Strathclyde, Lothian & Borders and Central), experts from the National Wildlife Crime Unit, pesticide experts from the Scottish Government and representatives from the RSPB and Scottish SPCA. The police said afterwards that they were following a positive line of inquiry.

Meanwhile, during the police search two handguns were found in gamekeeper Tom McKellar’s loft. Eighteen months later in December 2010, McKellar was convicted at the High Court in Glasgow for having prohibited weapons. However, he avoided the usual mandatory five year custodial sentence and instead received 300 hours community service. Story here

So what happened to that ‘positive line of inquiry’ in the eagle poisoning investigation? Good question.

Bird boycott

Here is a letter that was published in today’s edition of The Scotsman:

I recently had another holiday in Scotland – my third visit this year – principally to do bird and wildlife watching.

Like many others I have always wanted to go bird watching in Malta and Cyprus, but have boycotted these islands on principal because of their hunting and persecution of birds.

On each visit to Scotland I learn of more illegal poisoning and persecution of raptors – including a major tourist attraction, the iconic golden eagle.

I am beginning to think that my patronage of your tourist industry is somewhat hypocritical in view of my stance on the European countries I mentioned.

It appears that wildlife crime detection is grossly underfunded and that penalties are woefully inadequate.

What good is a fine of a few thousand pounds to a gamekeeper whose multi-millionaire lord and master will pay the fine anyway?

I think a universal boycott by wildlide enthusiasts would be damaging to the economies of Scotland, and I implore the Scottish Government to make a concerted effort to stamp out these crimes.”

P. Bateson, Halifax.

The Scotsman letter here

“Professional gamekeepers do not poison raptors” says Alex Hogg

Episode 11 of the BBC 2 Scotland ‘Landward’ programme went out on Friday 27 May and included a segment on the new vicarious liability regulation in the Wildlife and Natural Environment (Scotland) Act 2011. The programme is available here for a limited period.

The segment opened with Duncan Orr-Ewing, Head of Species at RSPB Scotland, who told the interviewer, “Bird of prey poisoning is particularly associated with driven grouse moors in the upland of Scotland, in the central and eastern highlands, parts of Perthshire and also down in the southern uplands”.

The interviewer, Dougie Vipond, asked: “So who is doing this? Who is killing the birds?”

Orr-Ewing: “Well, it is estate employees, gamekeepers who are usually involved, but they are only employees, they are acting under the direct instructions so ultimately it is the landowners that are responsible for this”.

A short section followed with a brief interview with Liz Plath, listed as a rural law specialist and a partner at Thorntons Law LLP. Basically she explained in simple terms how vicarious liability brings the landowner or the employer into the frame in cases of raptor poisoning.

Next up was Alex Hogg, chairman of the SGA, whose opening line was: “Professional gamekeepers do not poison raptors”. Funny that, because if you bother to look back at the statistics on raptor poisoning for the ten-year period that Hogg has been in post, you’ll see that raptor poisoning incidents have been recorded on many estates, and yes, ‘professional’ gamekeepers have been convicted.

He then contradicted himself (and not for the first time) by saying: “It’s only a small minority that are still at it. A rogue few if you like”.  Lest we forget, here is the official government map showing confirmed raptor poisoning incidents between 2006-2010. Widespread, I’m sure you’ll agree, and the trend is pointing upwards.

He continued: “And we’ve tried our hardest over the past, I’ve now been in this job for ten years, to impress on everybody that it’s absolutely illegal to poison raptors”. Peer pressure from Hogg and co., while welcome, has been ineffective. It can’t help the situation when he and others from his industry continue to claim that raptors are having a significantly negative effect on game birds, songbirds, waders and lambs. Is there any scientific evidence for this? No, not a shred.

Next up came David Hendry, listed as the proprietor of Cardney Estate, near Dunkeld in Perthshire. Now this was an interesting interview. The piece opened with an introduction to Hendry, and video footage of a diving osprey on his estate. We were told that this estate ‘is home to many endangered birds of prey’. Unfortunately, Hendry was not asked how many and what species of raptors made their home there. The osprey was implied, but of course the osprey only eats fish, not exotic red-legged partridge (also known as French partridge) or pheasant, which are reared and released in large numbers for sport shooting on this estate, according to this shooting directory.

Vipond talked about the belief that the only way to stop poisoning is to introduce a licensing system which would allow landowners to control [kill] raptors. Hendry agreed, and suggested “it should become the gamekeeper’s job for instance to look after the rare raptors like harriers, your merlins, bring on your red kites, but they should also be allowed to reduce buzzards and sparrowhawks to numbers that are sustainable, because what we have today is not sustainable”.

Ok, so this is the first time we’ve officially heard that sparrowhawks are also the landowners’ intended target for licensed killing. Until now, the list has ‘just’ included buzzards and ravens. So what happens if they get the go ahead to kill these species? Will we see goshawks added to the next list? They’re just an over-sized sparrowhawk after all, so why not? And golden eagles? They’re just over-sized buzzards, so why not? Where will it stop?

It’s also very interesting that he thinks the current number of buzzards and sparrowhawks is ‘unsustainable’. According to this shooting website, Cardney Estate offers shooting days where between 200-400 exotic birds (partridge/pheasant) can be shot. That’s 200-400 birds per shooting day, depending on the time in the season. In September 2010, a record 677 birds were shot on one day according to one participant! Sounds to me like this sporting estate is doing very nicely thank you, without the need to kill off any indigenous protected raptors, whatever species they may be.

We then went back to Orr-Ewing, who was asked for his opinion about the need to ‘manage’ [kill] protected raptors. “These birds of prey are rightly protected because they’re vulnerable. We have a history of killing birds of prey in Scotland, many species are just recovering from that situation, there’s no other country in Europe that [legally] kills birds of prey”.

His first three points are accurate, but his last statement is not. In 2008 the provincial government of Lower Austria issued a decree allowing hunters to shoot 1,000 buzzards and 250 goshawks over the following five years. It previously allowed the killing of Montagu’s harriers until the EC stepped in to halt it. The decree allowing the legal persecution of buzzards and goshawks resulted in an international public outcry – the same can be expected if the licensed killing of raptors for the benefit of the game bird-shooting industry is permitted in Scotland.

And of course, it’s not just poison that is used to illegally kill raptors. Unfortunately our government does not produce annual statistics on the other incidences of raptor persecution that take place every single year. Thankfully, the RSPB does. Their annual reports (one covering bird persecution in the UK as a whole, and the other covering incidents in Scotland) are a welcome insight into the extent of the problem. Their 2010 annual reports are due for publication in the very near future. Their efforts to compile and publish these reports are worthy of the public’s gratitude because without them, we would only have Alex Hogg and co’s word about the extent of illegal raptor killing on Scotland’s sporting estates.

Skibo Estate results

Dean Barr, a gamekeeper (and reported elsewhere as being the sporting manager) on the Skibo Castle Estate, has been convicted of having enough illegal poison “to wipe out the entire Scottish golden eagle and red kite populations several times over”. Barr, 44, of East Lodge, Clashmore, Dornoch, admitted possessing 10kg of the banned pesticide Carbofuran. He admitted carrying the poison from his previous job as head gamekeeper on the Raeshaw Estate to Skibo Castle Estate in 2008, because he had ‘not known how to safely dispose of it’.

The Carbofuran haul was discovered in a locked store on the Skibo Castle Estate, for which Barr had the keys. According to the Northern Times and Northern Constabulary, the poison was discovered within premises operated and solely accessed by Barr on Skibo Estate land.

Today he was fined £3,300 “to mark the court’s disapproval”. This was apparently reduced from a £5,000 fine for his early plea.

Despite this conviction, the Crown accepted he had ‘no part’ in the deaths of two poisoned golden eagles and a sparrowhawk (killed with Carbofuran) found on the estate in May 2010 (along with a dead buzzard and a third poisoned golden eagle killed by Aldicarb).

Barr’s defence lawyer said Barr was well regarded personally and professionally by his current and previous employers. “If it was thought that he was involved in the use of this material, they would not be so supportive”.

This is not the last we will write on this case.

The Scotsman news story

BBC news story

STV news story