Tag: Moy Estate

Forestry and Land Scotland issues controversial licence permitting Moy Estate gamekeepers to hunt foxes in public forests

Forestry and Land Scotland (FLS) has granted a controversial licence permitting Moy Estate gamekeepers, and others from the Three Straths Fox Control Association, to hunt and kill foxes on Scotland’s national forest estate, partly for the benefit of privately-owned grouse shooting estates, including Moy Estate.

This is the same Moy Estate that has been at the centre of police investigations into alleged raptor persecution crimes for over a decade (e.g. see here) and is currently serving a three-year General Licence restriction, imposed by NatureScot, after evidence of wildlife crime (raptor persecution) was again uncovered on the estate.

This is a map I produced a few years ago showing reported raptor persecution incidents in the region between 2005-2016. There have been many more since.

Wildlife campaigners are understandably furious about this decision, not least because FLS’s own experts strongly advised against it due to, amongst other things, the potential for illegal activity.

Journalist Billy Briggs has written an excellent article, based on Freedom of Information responses I received this autumn. His article is published today by The Ferret (here, behind a pay wall) and also here in The National, as follows:

LICENCES for a foot pack to kill foxes were issued by Forestry and Land Scotland despite strong objections from internal experts who feared there was potential for “illegal activity” and protected species such as badgers to be disturbed.

A foot pack – in contrast to ­traditional fox hunting with riders on horses – is where a huntsman, ­accompanied by colleagues acting as beaters, uses hounds to chase foxes out from cover to then be shot.

Critics who want hunting with packs of dogs banned in Scotland are urging Scottish Government ­ministers to outlaw foot packs as well as mounted hunts.

The Ferret previously revealed that foxes were being chased by hounds and shot by foot packs in forests used by the public.

Our investigation prompted angry responses from wildlife groups who have condemned Forestry and Land Scotland (FLS) once again for issuing more licences. FLS is responsible for managing and promoting Scotland’s national forest estate.

A freedom of information request was submitted to FLS by campaign group, Raptor Persecution. The ­reply revealed internal discussions at FLS in September and October after Three Straths Fox Control ­Association (Three Straths) applied for licences for fox control in the south Inverness area.

The documents, passed to The ­Ferret, showed that FLS experts strongly advised against the foot pack being allowed to hunt.

Map showing the woodland where FLS has permitted the hunting & killing of foxes during the 2022-2023 season. Released to RPUK under FoI.

The licences were issued, however, prompting condemnation by critics. They included the League Against Cruel Sports Scotland which said it was “quite staggering” FLS granted permission in the face of “vehement concerns” by its own staff.

In reply, FLS said it appreciates that fox control is a “contentious ­issue” but under existing legislation the activity is legal in Scotland and “closely regulated”.

Three Straths told The Ferret it ­always adheres to the law to “ensure public safety and to avoid non-target species”, adding that it provides a “public service at no cost to the ­public purse”.

The licence application said Three Straths represented a “number of sporting estates” seeking to hunt ­foxes on the Moy, Farr, and ­Dalmagarry estates. Each hunt would typically involve 30 people including local gamekeepers, 20 to 30 guns, 15 hounds and a huntsman.

The hounds are used to flush the fox from cover to a line of waiting guns where the animal is shot.

The foot packs are overseen by a wildlife team at FLS, but some staff still opposed Three Straths’ ­application.

Internal documents revealed one person wrote: “As a minimum we should request a protocol for how the operators (the foot pack) will deal with encounters with protected ­species. This was asked for at the last permission request but I have not yet seen it. As discussed before, without this I feel the activity cannot be done without potentially disturbing legally protected species and could lead to an illegal activity.”

They added: “As this is a known activity any disturbance could be classed as reckless under the law and would constitute an offence. FLS as the landowners would also be liable for allowing the activity to take place. Given the risks, lack of mitigation information and lack of rationale for why the activity is needed, I would strongly advise it is not allowed.”

Another expert — a species ­ecologist — also objected and wrote: “As I [sic] have pointed out several times ­previously, fox ‘control’ at this time of year has no impact on fox density the following spring. This is a matter of scientific fact. If the intention is to reduce (assumed) fox impacts on the shootable ‘surplus’ of grouse in 2020, it is a pointless exercise.”

They added: “Furthermore, I am not aware of any evidence that these ­foxes actually eat game birds on ­adjacent estates. To sanction this ­controversial activity without any evidence of an actual problem is ­inadvisable. For the record, and for the reasons I have listed in previous communications, I reiterate my ­advice that we should not give permission for this activity.”

It was also noted that internal ­concerns had been raised in previous years regarding requests by Three Straths to hunt, which were “not ­adequately addressed”.

Staff also pointed out that foxes are “part of the forest ecosystem” and “we should not be unsustainably removing any native species”. They said: “As we have no idea of the current population (no surveys have been undertaken) then effectively this could extirpate foxes on our land. We know foxes play a valuable role in keeping populations of other ­predators in check and in reducing rabbit and hare populations, thereby reducing damage to restock sites.”

Concerns were also raised over public safety and “verbal assurances” given by Three Straths that hounds would only chase foxes. There was a “real risk” that a bolting fox could go down the entrance to a protected ­species den or sett to escape the dogs, it was noted, and people firing guns on a badger sett “would be a ­disturbance in itself”.

Dr Ruth Tingay, of Raptor Persecution, who submitted the freedom of information request, pointed out that Moy Estate is currently serving a three-year general licence restriction, imposed by NatureScot, for wildlife crimes against birds. Moy ­Estate ­reportedly said it was ­extremely ­disappointed by the decision and would be considering an appeal. [Ed: Moy Estate has already lost its appeal against the General Licence restriction – see here].

Tingay said: “The rationale behind the restriction is that NatureScot can no longer trust Moy Estate to comply with the terms of the general licences after evidence of raptor persecution was provided by Police Scotland.

“So why on earth has FLS ­entrusted Moy Estate to comply with the terms of a licensed fox hunt, in a public forest, with what looks like ­minimal oversight and scrutiny? Don’t these licensing agencies talk to one ­another?”

Bob Elliot, director of the animal welfare charity, OneKind, argued that FLS fox control policy should ­reflect the views of the Scottish public who “overwhelmingly do not support fox hunting”.

He added: “It is incredibly ­disappointing to see that once again, despite several serious objections raised internally by Forestry and Land Scotland staff, FLS has ­granted permission to allow foot packs to kill foxes in Scotland’s public forests this winter.

“We know from our previous freedom of information requests to FLS that many of the concerns raised by FLS staff, including the non-necessity of fox hunting foot packs, the importance of foxes to the ecosystem, and the threat to other wild animals, have in fact been raised before.”

His views were echoed by Robbie Marsland, director of the League Against Cruel Sports Scotland, who said it was “quite staggering that ­despite vehement concerns” the ­licenses were issued.

He added: “The situation at FLS is yet another reason why it is ­imperative the new Hunting with Dogs Bill passes through parliament in the most robust form possible, ensuring hunting with dogs is really banned in Scotland once and for all.

“The existing legislation is so full of loopholes it isn’t worth the paper it’s written on and time and time again we’re seeing those who wish to hunt wild mammals with dogs for fun, ­simply ignoring the fact this activity is supposed to be illegal.”

A spokesperson for Forestry and Land Scotland said that in “all ­aspects” of its land management ­activities it has a duty to “follow the law and existing policies” when ­considering requests. “Only if there was a change in law and Scottish Government policy would we be in a position to review our procedures,” the spokesperson continued.

‘ORDINARILY FLS only controls foxes to meet specific conservation interests. However, we also appreciate that neighbouring land managers’ priorities might differ from our own and will assist where it is deemed appropriate. We continue to have our own staff monitor fox control activities.”

A spokesperson for Three Straths accused FLS experts of having a ­“personal bias” against predator ­control, adding that none of the ­objectors had come out with the foot pack to witness a hunt for themselves, despite being asked.

“We always have FLS staff out with us on days we are in the forest and in the 25 years I have been involved, not one of them has raised any ­complaint about our practices,” said the ­spokesperson. “On the point about controlling foxes at the time of year we do, making no difference. That is nonsense, areas where foxes are ­controlled all year round have a far smaller fox population and ground nesting birds breed far more ­successfully because of the control.

“We also used to hunt into the spring and summer on FLS land which did do a lot of good but we were stopped by the same ecologist who quotes that we are hunting at the wrong time of year now. His comment about no evidence to suggest foxes eat ground nesting birds just goes to show how far removed from reality some of these people can be.”

The spokesperson continued and said Three Straths controls foxes for the “good of all ground nesting birds”, not just game birds. “Many of these species are in dire straights [sic] at the moment and need all the help to survive they can get,” they added.

“Upland sporting estates are their last stronghold and their last chance of survival.”

A Scottish Land & Estates spokesperson said: “The predation of wild birds such as capercaillie, black grouse, curlew, golden plover, grey partridge, lapwing and oystercatcher continues to be a huge problem, with widespread declines in populations of these birds across Scotland since the 1960s.

“The control of foxes, alongside ­other predators such as crows and pine martens, is important in ­improving the breeding success of these birds. Predator control takes place when it is deemed necessary and in accordance with regulations.”

The Hunting With Dogs (Scotland) Bill – published in February and ­currently going through the Scottish Parliament – seeks to replace a widely criticised 2002 law which aimed to ban fox hunting in Scotland.

Both Farr Estate and Dalmagarry Estate were asked to comment. We were unable to contact Moy Estate ­directly so made an indirect approach through Three Straths.

ENDS

This isn’t the first time that a licence permitting fox hunting in public forests around Moy has been a source of controversy. Last year, Freedom of Information requests to FLS by campaigners from animal welfare charity OneKind revealed that FLS staff suspected that gamekeepers were visiting the forests to look for fox dens to block up, which also happened to be beside Schedule 1 raptor nests, some of which have been repeatedly attacked in previous years (see here).

And of course it’s not just FLS turning a blind eye to wildlife crimes uncovered on and around Moy Estate (e.g. see here, here, here).

Moy Estate loses appeal against General Licence restriction imposed for wildlife crime

Moy Estate in the Scottish Highlands has lost its appeal against a General Licence restriction that was imposed on the estate in June 2022 (see here) after Police Scotland provided the licensing authority (NatureScot) with evidence of wildlife crime against birds of prey on the estate, notably the discovery of a poisoned red kite in 2020 and ‘incidents in relation to trapping offences’.

[RPUK map showing Moy Estate boundary, based on information provided by Andy Wightman’s website, Who Owns Scotland]

Regular blog readers will know that the three-year General Licence restriction on Moy Estate took effect on 21st June 2022, prohibiting the use of General Licences 01, 02 and 03 on the estate until 21st June 2025.

However, the estate appealed the restriction (as is permitted by NatureScot’s restriction process) in July and the official ‘restriction notice’ was temporarily removed from NatureScot’s website whilst the appeal was underway.

It’s all a massive farce, of course, because the estate has already had one opportunity to appeal the decision, as part of the formal restriction process. I.E. NatureScot has to provide a written ‘notification’ to an estate when a restriction has been recommended, but before the final decision has been made. The estate then has 14 days to respond (appeal) and explain why the restriction is unwarranted. On receipt of that appeal, Naturescot makes its final decision and if it’s decided to go ahead and impose the General Licence restriction, then the estate is given ANOTHER opportunity to appeal the decision within 14 days.

I don’t have the details of Moy Estate’s appeal(s) because when I asked for similar documents relating to an appeal by Leadhills Estate against its second General Licence restriction last year, NatureScot came under pressure from the solicitor representing the estate who argued that the information was ‘of a sensitive nature and disclosure into the public domain ‘may prejudice the right to any future proceedings’. NatureScot upheld that view and refused to disclose the details of the appeal (see here). Given that the same solicitor is believed to be representing Moy Estate, I haven’t wasted my time by applying for the details, although I’d suggest, given the hilarious appeal that Leadhills Estate made against its first GL restriction (see here) that the real reason for withholding the information of any similar appeals is to avoid the embarrassment of having the laughable appeal letter torn to shreds by public scrutiny.

No matter really, because it’s NatureScot’s response to the appeal that’s really of interest, and in this case, Moy Estate’s appeal has failed and as of last week, the official restriction notice is back on public view on NatureScot’s website:

There’ll be more news from Moy next month when a man appears in court to face charges concerning the alleged shooting of a sparrowhawk.

Edward Mountain MSP disregards sanctions imposed on Moy Estate for wildlife crime

Here’s another senior MSP who decided to disregard the three-year sanction imposed in June this year on Moy Estate after Police Scotland provided evidence to demonstrate wildlife crime had taken place on the estate, notably the discovery of a poisoned red kite and incidents related to alleged trapping offences, although the estate has long been recognised as a raptor persecution hotspot (e.g. see here, scroll down to below the press release).

Sir Edward Mountain, 4th Baronet, the Scottish Conservative’s Deputy Chief Whip, attended Moy Game Fair earlier this month to present prizes on behalf of BASC:

So that’s now two senior MSPs (former Cabinet Secretary Fergus Ewing MSP was the other one), the Scottish Gamekeepers Association, Scottish Land & Estates, and BASC who all seem to have a very strange approach to the notion of ‘zero tolerance’ of raptor persecution.

Some of you might remember Ed Mountain claiming, in 2017, that he’d be “the fiercest critic” of anyone killing raptors. It was a claim he made in a guest article he wrote for the Scottish Gamekeepers Association’s quarterly rag. Here’s a reminder of what he wrote:

‘I believe that challenging the ‘spectre’ [of land management reform] is vital, if the very countryside we all value and love is to be maintained. The way to do this is by standing tall and laying out a stall, for all to see the benefits positive management has to offer. The problem is that every time it looks like the right story is being delivered another case of wildlife crime comes to light. If there is any chance of moving forward we must stop these idiots, who believe illegally killing raptors is acceptable.

I therefore would urge all organisations that represent country folk to stand up and let people know all the good work that is being done for conservation. At the same time, they also need to vilify those that break the law.

Over the next 4.5 years I look forward to working with the SGA and I will do all I can to defend the values you and your members believe in. However, I must also say that I will be the fiercest critic of those that jeopardise these values by breaking the law‘.

I asked at the time whether he’d put these strong words into action, but just a few months later he seemed reticent (see here).

This year he had the perfect opportunity to stand by his stated commitment against raptor persecution and boycott the Moy Estate. His actions, and those of his shooting industry mates, speak volumes.

Fergus Ewing MSP & his shooting industry pals disregard sanctions imposed on Moy Estate for wildlife crime

Look at the state of this.

A tweet by Fergus Ewing MSP, former Cabinet Secretary for Rural Economy, posted yesterday at the Scottish Gamekeeper Association’s stand at the Moy Game Fair. I wonder who he’s referring to when he says ‘We’? Is he speaking on behalf of the Scottish Government?

The Moy Game Fair is hosted by the Moy Estate. That’ll be the disgraced Moy Estate that had a three-year General Licence restriction imposed on it in June this year (see here) after Police Scotland provided evidence to demonstrate wildlife crime had taken place on the estate, notably the discovery of a poisoned red kite and incidents related to alleged trapping offences, although the estate has long been recognised as a raptor persecution hotspot (e.g. see here, scroll down to below the press release).

An estate gamekeeper has recently been charged with the alleged shooting of a sparrowhawk and is due in court in September.

Here is a map we created way back in 2016 to highlight the extent of raptor persecution crimes in Fergus Ewing’s constituency and this shows the concentration of incidents on and close to Moy Estate. There have been further incidents since this map was created, hence the General Licence restriction imposed this year:

Also ignoring the sanction for wildlife crime on Moy Estate is Scottish Land & Estates (SLE), the lobby group for game-shooting estates across Scotland, as demonstrated by this tweet yesterday from SLE’s North of Scotland Regional Coordinator, Fiona Van Aardt:

So here’s a senior politician from the SNP Government, the Scottish Gamekeepers Association and Scottish Land & Estates, all effectively sticking up two fingers to the Government’s policy of sanctioning estates for raptor persecution.

When the policy of imposing General Licence restrictions as a tool for tackling rampant bird of prey persecution was first introduced in 2014, the then Environment Minister Paul Wheelhouse described the restrictions as being a ‘reputational driver‘. In other words, a sanctioned estate would not enjoy the benefits of being part of the shooting industry because the industry, with its claimed ‘zero tolerance’ approach to raptor persecution, would not wish to be associated with wildlife crime and this (hoped for) ostracization would stimulate a clamp-down on raptor-killing estates.

So much for that idea. It appears that the shooting industry, along with its political supporters, couldn’t give a monkeys. There’s been previous evidence of this on other so-called sanctioned estates (e.g. see here for examples).

Technically speaking, Mr Ewing and his shooting industry pals could argue that Moy Estate is not currently serving a General Licence restriction. How come? Well, because under the rules, if an estate appeals the GL restriction decision, the restriction is temporarily lifted whilst NatureScot considers the estate’s appeal. This is completely bonkers, of course, because a sanctioned estate has already had a chance to appeal the decision, when NatureScot first issues the notification for a restriction. But they’re then given another opportunity to appeal once the restriction has been imposed, and during that appeal process (typically four weeks) NatureScot removes the restriction so the estate can carry on as if the restriction never existed. I’m pretty sure that that’s what’s going on at Moy because the GL restriction decision notice for Moy Estate has been removed from the section of NatureScot’s website where currently-restricted estates are listed (here).

Although if Mr Ewing, the SGA and SLE were to rely upon this technicality, I don’t think that many people would view it as the shooting industry working in the spirit of wishing to stamp out raptor persecution, do you?

Scottish Gamekeepers Association plan awards ceremony at disgraced Moy Estate

Remember all those recent headlines from the game shooting industry, declaring a ‘zero tolerance’ stance against raptor persecution?

Well quelle surprise, it seems their interpretation of ‘zero tolerance’ isn’t quite the same as everyone else’s.

Last month Moy Estate, a shooting estate in the Monadhliaths was given a three-year General Licence restriction, imposed by NatureScot on the basis of evidence provided by Police Scotland of wildlife crime against birds, specifically the discovery of a poisoned red kite in 2020 (here).

It was just the latest in a long line of raptor persecution incidents reported on or next to Moy Estate for over a decade, and another court case is due to be heard this autumn.

For an example of the history, here is a map we created way back in 2016 to highlight the extent of raptor persecution crimes in former Cabinet Secretary Fergus Ewing’s constituency (given his strong support of the Scottish Gamekeepers Association) and this shows the concentration of incidents on and close to Moy Estate:

The General Licence restriction is a bit like putting a school into ‘special measures’ – a status applied by regulators to indicate the school has fallen short of acceptable standards, although the main serious difference here of course is that a General Licence restriction is imposed on the basis of wildlife crimes being committed on the estate, rather than merely a shortfall in standards.

The main idea behind the introduction of General Licence restrictions back in 2014 was that they would act as a “reputational driver” for those sanctioned estates, according to the then Environment Minister Paul Wheelhouse (see here).

However, there has been no evidence that the game-shooting industry takes any notice whatsoever of such sanctions. For example, the Game & Wildlife Conservation Trust hosted a guided tour and BBQ on ‘the renowned Corsehope Shoot‘ in June 2017, at the same time that this estate was serving a three year General Licence restriction for wildlife crime; Edradynate Estate bragged about “a belter season“ at the same time it was serving a three-year General Licence restriction for wildlife crime; and this estate was also endorsed by the British Game Alliance, the game shooting industry’s own ‘assurance’ scheme, membership of which is supposed to indicate ‘rigorous and ethical standards’, whilst the estate was under a General Licence restriction for wildlife crime (see here).

So it comes as no surprise to see that the Scottish Gamekeepers Association (SGA) is not only intending to have a stand at the forthcoming Highland Field Sport Fair hosted by Moy Estate (now rebranded as the Moy Country Fair, presumably in an attempt to make it more palatable), but the SGA is also planning an awards ceremony at the event to announce the winner of the SGA Young Gamekeeper of the Year Award as well as presenting various Long Service Medals!

You couldn’t make this up!

The Moy game fair has previously attracted the likes of former Cabinet Minister Fergus Ewing who used his attendance to give a rallying speech to the game-shooting sector (here) and Scottish Land & Estates (SLE) also usually has a stand. I can’t remember if Moy Estate is a member of SLE, but it’ll be interesting to see if SLE puts in an appearance this year.

General Licence restriction imposed on Moy, a grouse-shooting estate, after discovery of poisoned red kite

Press release from NatureScot, 21st June 2022:

General Licence restricted on Highland estate

NatureScot has restricted the use of General Licences on Moy Estate for three years

The decision was made on the basis of evidence provided by Police Scotland of wildlife crime against birds.

This evidence included a poisoned red kite found on the estate in 2020, and incidents in relation to trapping offences.

[Red kite. Photographer unknown]

Donald Fraser, NatureScot’s Head of Wildlife Management, said: “We consider the information from Police Scotland provides robust evidence that wild birds have been killed or taken or there has been intention to do so illegally on this land.

“Because of this, and the risk of more wildlife crimes taking place, we have suspended the use of general licences on this property for three years until June 2025. They may still apply for individual licences, but these will be closely monitored.

“NatureScot is committed to using all the tools we have available to tackle wildlife crime. This measure will help to protect wild birds in the area, while still allowing necessary land management activities to take place, although under tighter supervision.

“We believe this is a proportionate response to protect wild birds in the area and prevent further wildlife crime. We will continue to work closely with Police Scotland and consider information they provide on cases which may warrant restricting general licences.”

General licences allow landowners or land managers to carry out control of common species of wild birds, such as crows and magpies, to protect crops or livestock, without the need to apply for an individual licence.

In addition to this restriction, there are currently three other restrictions in place on Invercauld Estate in the Cairngorms National Park, Lochan Estate in Perthshire and Leadhills Estate in South Lanarkshire.

ENDS

The restriction notice reads as follows:

In line with NatureScot’s published General Licence restrictions: Framework for Implementing Restrictions we hereby give notice that a restriction has been applied to the land outlined in red overleaf. This restriction prohibits the use of General Licences 01, 02 and 03 on that land between 21st June 2022 and 21st June 2025.

Please note that this restriction does not imply responsibility for the commission of crimes on any individuals.

This one has been a long time coming. Moy is one of those estates where if its name comes up in conversation amongst raptor conservationists in Scotland, eyes tend to roll and knowing looks are exchanged. It has been identified as a raptor persecution hotspot for many, many years.

Here is a map we created way back in 2016 to highlight the extent of raptor persecution crimes in former Cabinet Secretary Fergus Ewing’s constituency (given his strong support of the Scottish Gamekeepers Association) and this shows the concentration of incidents on and close to Moy Estate:

Here is a selection of examples, but this is by no means an exhaustive list:

Moy Estate was raided by police in 2010 after the discovery of poisoned bait and dead raptors and illegally set traps. A gamekeeper was later convicted of possession of a red kite after its bloodied corpse was found in the back of his vehicle. It had two broken legs, consistent with being caught in spring traps, and a head injury. A bloodied shinty stick was also found in the back of the vehicle. Notably, the gamekeeper wasn’t convicted for killing the kite, just for having possession of it. Nobody was charged with killing this kite.

These baited traps were discovered on the moor (the illegally-set spring traps were originally disguised under moss, removed here for evidential purposes). No charges were brought.

The remains of two further red kites were discovered on the moor, including a severed red kite leg and some wing tags that had previously been fitted to a kite, all found buried in holes under some moss. No charges were brought.

A jar in one of the gamekeeper’s houses contained the leg rings of four young golden eagles – nobody could account for how they had ended up inside that jar. Perhaps he’d found them whilst ‘metal detecting at his uncle’s farm’ like gamekeeper Archie Watson, who recently gave this implausible explanation to the court for how he’d come to possess BTO leg rings from a buzzard and a red kite attached to his keyring.

This male hen harrier was found caught by its leg in an illegally-set spring trap on Moy Estate in 2010. No charges were brought. It survived after being rescued by raptor workers from the Scottish Raptor Study Group.

In May 2011 a satellite-tracked red kite ‘disappeared’ on Moy, and another one ‘disappeared’ in August 2011.

In 2016 Police Scotland issued an appeal for information following the discovery of disturbed and abandoned buzzard and goshawk nests in the Moy Forest. One goshawk and four buzzard nests were abandoned in suspicious circumstances, with some evidence of illegal disturbance. These nests were being monitored by staff from Forestry Enterprise Scotland (see here). No charges were brought.

In 2017 masked gunmen were caught on camera at a goshawk nest in Moy Forest. A few days later the nest and a clutch of four eggs was found abandoned (see here). No charges were brought.

In 2018 Police Scotland issued an appeal for information after a buzzard was found caught in an illegal pole trap in the Moy area (see here). No charges were brought.

In 2020 a poisoned red kite was found dead, containing traces of a banned pesticide, leading to a police appeal for information (here).

In 2021 an individual was charged with the alleged killing of a bird of prey in this area. This case is believed to be progressing through the courts so I can’t comment further at this stage.

Of course, a General Licence restriction doesn’t amount to much of a sanction in real terms, as I’ve discussed on this blog endless times before (e.g. see here). However, it’s currently the only tool available to the authorities until we finally see the introduction of the promised grouse moor licensing scheme by the Scottish Government. Had that scheme been in place already, we’d hopefully have seen the removal of Moy Estate’s licence to shoot for a number of years, if not permanently.

Meanwhile, what will be really interesting to see is whether the Moy Game Fair goes ahead this year, given that the shooting organisations have all claimed to have a ‘zero tolerance’ approach to raptor persecution. I don’t think the likes of Scottish Land & Estates, Fergus Ewing MSP and the Scottish Gamekeepers Association can expect anything other than high-level criticism if they attend this event on an estate that has now been sanctioned for wildlife crimes by the statutory nature conservation advisor, based on e

Evidence provided by Police Scotland. Mind you, the conviction of a gamekeeper on Moy Estate in 2011 didn’t stop them attending (see here and here).

UPDATE 14th July 2022: Scottish Gamekeepers Association plans award ceremony at disgraced Moy Estate (here)

UPDATE 6th August 2022: Fergus Ewing MSP & his shooting industry pals disregard sanctions imposed on Moy Estate for wildlife crime (here)

Freedom of information documents highlight gamekeepers, fox hunting and raptor persecution in 3 public forests

The Scottish animal welfare charity OneKind has today revealed that Forestry Land Scotland (FLS) is still permitting the use of fox-hunting foot packs in several public forests, partly for the benefit of privately-owned grouse shooting estates. These public forests also happen to be in well-known raptor persecution hotspots.

In a freedom of information response, FLS admitted allowing the fox-hunt foot packs to operate in three public woodlands near Inverness: Loch Farr Wood, Farr Wood and Meall Mor near Moy.

[Moy has long been of interest to this blog, mostly for the frequency of illegal raptor persecution incidents recorded there for over a decade. And then there’s this: a photo to illustrate the stupidity of setting fire to the moor for grouse management, a few hundred yards from some publicly-subsidised wind turbines!]

The FoI documents also reveal that FLS staff suspected that gamekeepers were visiting the forests to look for fox dens to block up, which also happened to be beside Schedule 1 raptor nests, some of which have been repeatedly attacked in previous years.

For example, in 2016 Police Scotland issued an appeal for information after one goshawk and four buzzard nests were abandoned in suspicious circumstances in Moy Forest (see here).

In 2017, also in Moy Forest, masked gunmen were caught on camera underneath a goshawk nest. The nest, containing a clutch of eggs, was mysteriously abandoned shortly afterwards (see here and here).

In July this year, Police Scotland appealed for information after a dead goshawk was found in Loch Farr Wood – this bird had been shot (see here).

The issue of fox-hunting is beyond the remit of this blog although I’d question whether a Scottish Government agency should be complicit in supporting the eradication of native predators for the benefit of driven grouse shooting, which is what appears to be happening here.

If you’d like to read more about OneKind’s freedom of information request and FLS’s response about fox-hunting, gamekeepers and raptor persecution in these public forests, please see the OneKind blog (here) and an article in today’s National (here).

Meanwhile, as the authorities seem unable to tackle raptor persecution in public forests, we’re all still waiting to see whether NatureScot will impose a General Licence restriction on Moy Estate following the discovery of a poisoned satellite-tagged red kite found on the grouse moor almost a year ago, in October 2020 (see here).

“It’s essential that we carry on with muirburn”, says Scottish Government’s Rural Cabinet Secretary Fergus Ewing

Climate emergency? What climate emergency?

Fergus Ewing, the Scottish Government’s Cabinet Secretary for Rural Economy and Tourism, was speaking at the Scottish Gamekeepers Association’s political hustings last Friday (and more on that soon!), and this is a direct quote from his two-minute position statement on what the SNP can do for gamekeepers:

“It’s essential that we carry on with muirburn. We might come to that later. It’s absolutely essential to protect peatland. I’ve seen the Mars Bar film. I get it“.

Good grief. Let’s hope Fergus, if re-elected, isn’t part of the delegation attending the 26th UN Climate Change Conference of the Parties (COP26) in Glasgow on 1 – 12 November 2021; a summit to bring together parties to accelerate action towards the goals of the Paris Agreement and the UN Framework Convention on Climate Change.

Meanwhile, as we wait to find out what the proposed muirburn licensing scheme will look like, post-Werritty, the grouse moors are once again being set alight up and down the country.

Here are some photographs of the moors on Lochan Estate in Strathbraan this week, sent in by a blog reader:

And not for the first time (see here, here and here), here is the grouse moor on Moy Estate in the Monadhliaths, set alight last week, perversely next to the wind turbines installed to to create renewable energy and thus reduce the carbon emissions that would otherwise be created from burning fossil fuels:

The ParkswatchScotland blog has also reported on grouse moors being set alight inside the Cairngorms National Park this week (see here).

But not to worry – we’re only in a climate emergency and these fires are just like having your hair cut. And besides, the Cabinet Secretary has watched an amateur video made by some gamekeepers to convince himself that muirburning “is essential“. Who needs scientific research, eh?

If you’re in England, where DEFRA has announced a pathetic proposal to ban burning on moorland that isn’t anywhere near as strong as it should be (see here), the RSPB has launched a burning reporting system where members of the public can report any upland burning that they see. Please report your sightings here.

Poisoned red kite found dead on Scottish grouse moor – an interesting police investigation

Further to yesterday’s news from Police Scotland that a poisoned red kite had been found dead on a Scottish grouse moor at Moy (see here), news has emerged that this bird was also being satellite-tracked, which has implications for the police investigation and any potential sanction imposed on the estate as a result.

An article in today’s Strathspey and Badenoch Herald (here) published a photograph of the young kite with two of its siblings when they were fitted with satellite tags in 2019. The article also notes that this kite was from the first brood to fledge in the Cairngorms National Park, and the first successful brood in the Badenoch & Strathspey area since 1880 (thanks to blog reader Dave Pierce for posting this as a blog comment yesterday).

[The three red kite siblings, fitted with satellite tags, in the Cairngorms National Park. Photo Scottish Raptor Study Group]

It’s not often, these days, that a poisoned satellite-tagged raptor is found (although there are some notable exceptions, including this satellite-tagged white tailed eagle, found poisoned on a grouse moor in the Cairngorms National Park earlier this year).

Since satellite-tagging became more routine, poisoning offences have dropped considerably, presumably because the presence of a satellite tag increases the probability of crime detection. Instead, the shooting and trapping of raptors have become much more prevalent killing methods because the perpetrator has more control over the crime scene (and can thus remove evidence quickly). What we usually get with satellite-tagged raptors these days is a sudden and inexplicable ‘stop’ in the tracking data, and both the tag and the bird ‘disappear’, never to be seen again (well, only if the criminal has hidden the evidence of the crime properly, unlike in this recent case where a golden eagle’s satellite tag was discovered cut off and wrapped in lead [to block the signal] and dumped in a river).

So the discovery of this poisoned satellite-tagged red kite at Moy is unusual, but also very helpful. Depending on the type of tag and it’s ‘duty cycle’ (i.e. the frequency with which the tag had been programmed to collect and transmit data), information should be available to Police Scotland to inform them of the kite’s recent movements. For example, had it been on this grouse moor for several days (in which case the likelihood of it being poisoned there would seem high) or had it travelled in from a distance elsewhere shortly before dying, which might indicate it was poisoned elsewhere?

Much will also depend on the type of poison used (which hasn’t been disclosed) and the dose and the toxicity. We know from the Police press release yesterday that it was a banned poison (one of eight listed on the Possession of Pesticides (Scotland) Order 2005, which are Aldicarb, Alphachloralose, Aluminium phosphide,  Bendiocarb, Carbofuran, Mevinphos, Sodium cyanide and Strychnine) but some of these poisons are incredibly fast-acting and others are less so, which might also give clues to where the poison had been placed.

Information also hasn’t been released about whether a poisoned bait was found close to the poisoned red kite. Sometimes they are (especially if the poison used is fast-acting) but other times the bait is not present, which might suggest the bird was poisoned elsewhere and managed to fly some distance before succumbing to death.

In other cases bait has been found placed out on estate boundary fences – this has been a common ploy by some estates that aims to obfuscate a police investigation and point blame to an innocent, neighbouring estate where the poisoned bird may have been found dead.

For obvious reasons, the Police haven’t released much of the details because the criminal investigation is ongoing. However, it is these details that will inform the decision-making process at NatureScot (SNH rebranded) as to whether a General Licence restriction order should be imposed on Moy Estate after the discovery of this poisoned red kite.

As regular blog readers will know, General Licence restriction orders are pretty impotent because estates can simply circumnavigate them with applications for individual licences instead, but nevertheless, that’s not a reason for not imposing them where merited.

This’ll be an interesting case to follow.

UPDATE 22nd June 2022: General Licence restriction imposed on Moy, a grouse-shooting estate, after discovery of poisoned red kite (here)

Poisoned red kite found on Scottish grouse moor

Press release from Police Scotland (16th December 2020)

Appeal for information – poisoned bird of prey – Ruthven, Moy

Police Scotland has confirmed that a red kite found dead in the Ruthven area in October, had been poisoned with a banned pesticide.

[A poisoned red kite, photo by Marc Ruddock. NB: Not the poisoned red kite in this particular incident]

Further searches were carried out yesterday (15 December) with partner agency RSPB on hill ground near Meall a’ Bhreacraibh and Ruthven, Moy, in the northern Monadliath mountains.

No further poisoned raprtors or animals were identified.

Police Constable Daniel Sutherland, Highlands and Islands Wildlife crime Liaison officer, said:

“Traces of a banned pesticide have been detected in a Red kite found in the area. This incident is sadly another example of where a bird of prey has been killed through ingestion of an illegally held poison.

“I strongly urge anyone within the local and wider community to come forward with details on any information about this incident.”

Following consultation with the Scottish Government Rural Payments Directorate and the Science and Advice for Scottish Agriculture (SASA), Police Scotland requests members of the public and any dog walkers to be cautious when walking in the surrounding area and the immediate vicinity. 

Anybody who has information about this incident, banned pesticide possession or misuse, or other information relating to raptor persecution please contact Police Scotland on 101 or pass on information anonymously via Crimestoppers on 0800 555 111.

ENDS

This is a very good response from Police Scotland – a press release out the day after the police search and a clear warning to the public to be cautious in this area, especially if walking with dogs. The name of the banned poison isn’t given, probably for investigative purposes, but by telling the public it’s a banned poison we know it’s one of eight highly toxic pesticides (or perhaps a combination) listed on the Possession of Pesticides (Scotland) Order 2005, which are Aldicarb, Alphachloralose, Aluminium phosphide,  Bendiocarb, Carbofuran, Mevinphos, Sodium cyanide and Strychnine.

Now, about the location. According to Andy Wightman’s excellent Who Owns Scotland website, the area of land mentioned in the police press release is part of the Moy Estate in the northern Monadhliaths. Or at least it was when Andy compiled his data – it’s possible, of course, that there have since been boundary changes.

Regular blog readers will be familiar with the Moy area. Moy Estate was raided by police ten years ago after the discovery of poisoned bait and dead raptors and illegally set traps. A gamekeeper was later convicted of possession of a red kite after its bloodied corpse was found in the back of his vehicle. It had two broken legs and a head injury. A bloodied shinty stick was also found in the back of the vehicle.

The remains of two further red kites were discovered on the moor, including a severed red kite leg and some wing tags that had previously been fitted to a kite, all found buried in holes under some moss. A jar in one of the gamekeeper’s houses contained the leg rings of four young golden eagles – nobody could account for how they had ended up inside that jar. A live hen harrier was found caught by its leg in an illegally-set spring trap. It survived after being rescued by raptor workers.

No further charges were brought against anyone for any of the offences uncovered at Moy.

In 2016 Police Scotland issued an appeal for information following the discovery of disturbed and abandoned buzzard and goshawk nests in the Moy Forest. One goshawk and four buzzard nests were abandoned in suspicious circumstances, with some evidence of illegal disturbance. These nests were being monitored by staff from Forestry Enterprise Scotland. No charges were brought.

For previous blogs on Moy see here.

I would imagine, after this latest discovery, that Ministers in the Scottish Government who recently decided to press on with the introduction of a licensing scheme for grouse shooting estates, despite cries of ‘It’s unnecessary regulation!‘ and ‘It’s all so unfair!‘ from the shooting industry, can today feel vindicated that their decision was the right one.

They now need to get on with it and get it implemented ASAP, because this latest victim is evidence that raptor persecution continues, despite all the denials routinely chuntered out by the so-called leaders in the game shooting industry.

UPDATE 17 December 2020: Poisoned red kite found dead on Scottish grouse moor – an interesting police investigation (here)