DEFRA’s plans unchanged despite loss of 5 breeding hen harriers

In June, following the news that five breeding male hen harriers had ‘disappeared’ from active nests this year, one of our blog readers submitted an FoI to DEFRA to ask about the Westminster Government’s contingency plans to protect hen harriers and to deal with the criminals who continue to persecute hen harriers and other wildlife:

Sir/ Madam

I am making a Freedom of Information request regarding hen harriers/ illegal persecution of wildlife.

1) With the recent losses of five male birds in northern England, as published in Natural England’s press release (https://www.gov.uk/government/news/five-hen-harriers-have-now-disappeared-from-northern-england), what is the Government’s contingency plan(s) to prevent the species becoming extinct in the wild in England as a direct result of illegal persecution within the next 5 years, i.e. the duration of this Parliament?  If there are no contingency plans, why are there no contingency plans?

2) In a recent court case in Spain (see http://www.venenono.org/?p=2506 with an English summary available here:https://raptorpersecutionscotland.wordpress.com/2015/06/09/now-thats-a-deterrent/, the sanction imposed on an individual found guilty of a wildlife offence was considerably more severe compared with recent similar incidents in England.  Does the UK Government have any plans to introduce similar sanctions that would act as a meaningful deterrent to wildlife criminals?  If not, why not?

3) Does the Government consider the current sanctions available to Magistrates/ Judges sufficiently severe to act as a deterrent to wildlife criminals, within the context of those imposed in the aforementioned Spanish case?

4) As in Spain, is the Government seriously considering introducing ‘sniffer dogs’ able to detect the use of poisoned bait as described in the article published by Raptor Persecution Scotland? If not, why not?

Many thanks,

XXXXX XXXXX

Here is DEFRA’s response:

Dear XXXXX XXXXX

Thank you for your request of 11 June about the illegal persecution of hen harriers. I have been asked to reply.

We share your concerns regarding the recent losses of five hen harriers but are encouraged by the news of several nests this year, following on from four nests in 2014, with 16 fledglings. In 2013, for the first time in over 50 years, there were no known fledglings.

All wild birds are protected under the Wildlife and Countryside Act 1981, which implements the EC Wild Birds Directive in Great Britain. This provides a powerful framework for the conservation of wild birds, their eggs, nests and habitats. I can assure you that we are committed to ensuring the strict protection afforded to wild birds of prey under our wildlife legislation is effectively enforced. There is a robust legal framework for protecting such birds with strong penalties for offenders, which can include imprisonment.

Despite the protection afforded to birds of prey, it is clear that they continue to be persecuted. To address this, senior Government and enforcement officers in the UK identified raptor persecution as a National Wildlife Crime Priority. Raptor persecution is subject to a prevention, intelligence and enforcement plan led by a senior police officer. The National Wildlife Crime Unit, which is part-funded by Defra, monitors and gathers intelligence on illegal activities affecting birds of prey and provides assistance to police forces when required.

It should be noted that despite instances of poisoning and killing of birds of prey, populations of many species, such as the peregrine falcon, red kite and buzzard have increased. While a small minority is prepared to kill birds of prey and where possible these people are brought to justice, this demonstrates that the policies in place to conserve these species are working.

One of our most threatened birds of prey is the hen harrier and we take the decline in hen harrier populations in England very seriously. In August 2012 Defra established the Hen Harrier Sub-Group of the Uplands Stakeholder Forum whose members include representatives from Natural England, the Moorland Association, the National Gamekeepers’ Organisation, the Game and Wildlife Conservation Trust, National Parks UK and the RSPB.

All members of the Hen Harrier Sub-Group have a common interest to protect hen harriers.  They have made concerted efforts to engage and have produced a Joint Action Plan that contains a suite of actions intended to contribute to the recovery of the hen harrier population in England. The commitment shown by the differing organisations involved in the Sub-Group to help the recovery of one of our most iconic birds demonstrates a desire to bring about behavioural change amongst gamekeepers and confidence that this can be achieved through a package of complementary actions.

The Joint Action Plan includes three measures to stamp out illegal persecution, a trial toolkit comprising two measures for land owners to safely accommodate hen harriers on grouse moors and a measure to reintroduce them to suitable habitat in other parts of England. Defra officials are currently working with Sub-Group members to finalise the Plan.

As previously stated there are already strong penalties in place for people committing offences against birds of prey. You have asked if the Government intends to introduce tougher penalties for those convicted of wildlife crimes. I should first point out that Parliament is responsible for deciding the maximum penalties for offences. There are currently no plans to increase the penalties for offences against wildlife. Within the maximum limits, it is up to the court to decide the appropriate sentence in any case, having taken into account all the facts of the case.

We are aware that sniffer dogs are used in other countries, including Italy, Spain and Greece, to detect poisoned bait but are not aware that enforcement bodies in the UK have this resource or are considering it for the future. This would be a matter for individual Police forces to decide upon.

Yours sincerely,
Charlie Coombs
Customer Contact Unit

Shot peregrine found in County Durham has to be euthanised

shot perg june 2015 durham_peregrinefalconjohnolleyThe Police and the RSPB are appealing for information following the discovery of a shot peregrine last month.

The bird was found, still alive, on 4th June at Castle Lake, Bishop Middleham, a local nature reserve managed by Durham Bird Club.

After a veterinary examination the male’s injuries were considered so severe it was decided to put him to sleep.

The RSPB is offering a £1,000 reward for information that leads to a successful conviction.

RSPB press release here

Photo of shot peregrine by John Olley

Henry’s Tour day 42: Leadhills

Thurs 11th June Copy

Henry went with an armed escort to visit Leadhills in South Lanarkshire.

He looks a bit distressed. Perhaps he was being deafened by the booming gas guns that have recently been deployed on the grouse moors of the Leadhills (Hopetoun) Estate.

Or perhaps he’d just been told about the long list of wildlife crimes that have been discovered in this corner of South Lanarkshire; 46 confirmed since 2003, but only two resulting in successful convictions (2004 – Leadhills Estate gamekeeper convicted of shooting a short-eared owl; 2009 – Leadhills Estate gamekeeper convicted of placing out a poisoned rabbit bait).

Here’s the list, all from Leadhills unless otherwise stated:

2003 April: hen harrier shot [prosecution failed – inadmissible evidence]

2003 April: hen harrier eggs destroyed [prosecution failed – inadmissible evidence]

2004 May: buzzard shot [no prosecution]

2004 May: short-eared owl shot [gamekeeper convicted]

2004 June: buzzard poisoned (Carbofuran) [no prosecution]

2004 June: 4 x poisoned rabbit baits (Carbofuran) [no prosecution]

2004 June: crow poisoned (Carbofuran) [no prosecution]

2004 July: poisoned rabbit bait (Carbofuran) [no prosecution]

2004 July: poisoned rabbit bait (Carbofuran) [no prosecution]

2005 February: poisoned rabbit bait (Carbofuran) [no prosecution]

2005 April: poisoned buzzard (Carbofuran) [no prosecution]

2005 June: poisoned rabbit bait (Carbofuran) [no prosecution]

2005 June: poisoned rabbit bait (Carbofuran) [no prosecution]

2006 February: poisoned buzzard (Carbofuran) [no prosecution]

2006 March: poisoned buzzard (Carbofuran) [no prosecution]

2006 March: poisoned pigeon bait (Carbofuran) [no prosecution]

2006 April: dead buzzard (persecution method unknown) [no prosecution]

2006 May: poisoned rabbit bait (Carbofuran) [no prosecution]

2006 May: poisoned rabbit bait (Carbofuran) [no prosecution]

2006 May: poisoned egg baits (Carbofuran) [no prosecution]

2006 June: poisoned buzzard (Carbofuran) [no prosecution]

2006 June: poisoned raven (Carbofuran) [no prosecution]

2006 June: 6 x poisoned rabbit baits (Carbofuran) [no prosecution]

2006 June: poisoned egg bait (Carbofuran) [no prosecution]

2006 September: 5 x poisoned buzzards (Carbofuran) [no prosecution]

2006 September: poisoned rabbit bait (Carbofuran) [no prosecution]

2006 September: poisoned rabbit bait (Carbofuran) [no prosecution]

2007 March: poisoned buzzard (Carbofuran) [no prosecution]

2007 April: poisoned red kite (Carbofuran) [no prosecution]

2007 May: poisoned buzzard (Carbofuran) [no prosecution]

2008 October: poisoned buzzard (Carbofuran) [listed as ‘Nr Leadhills’] [no prosecution]

2008 October: poisoned rabbit bait (Carbofuran) [listed as ‘Nr Leadhills’] [no prosecution]

2008 November: 3 x poisoned ravens (Carbofuran) [listed as ‘Nr Leadhills’] [no prosecution]

2009 March: poisoned rabbit bait (Carbofuran) [no prosecution]

2009 March: poisoned raven (Carbofuran) [no prosecution]

2009 April: poisoned rabbit bait (Carbofuran) [gamekeeper convicted]

2009 April: poisoned magpie (Carbofuran) [no prosecution]

2009 April: poisoned raven (Carbofuran) [no prosecution]

2010 October: short-eared owl shot [no prosecution]

2011 March: illegally-set clam trap [no prosecution]

2011 December: buzzard shot [no prosecution]

2012 October: golden eagle shot (just over boundary with Buccleuch Estate) [no prosecution]

2013 May: shot otter found on estate [no prosecution]

2013 June: significant cache of pre-prepared poisoned baits found on estate [no prosecution]

2013 August: red kite found shot and critically-injured in Leadhills village [no prosecution]

2014 February: poisoned peregrine (Carbofuran) [‘Nr Leadhills’] [no prosecution]

Word has it from a local informant that a suspected shot raven was found on Leadhills Estate in May 2015. Post-mortem results are awaited.

Just a few weeks ago, we were sent footage of a young man dressed in camouflage who was lying on the moor holding a firearm, looking over at a plastic decoy peregrine which had been placed on top of a small mound. When he realised he’d been spotted, he removed the decoy and took off back down the hill on a quad bike. Can’t imagine who that was or what his intentions might have been.

Red kite illegally trapped on Scottish grouse moor has to be euthanised

The BBC news website is reporting that a red kite that had been illegally trapped last week has had to be euthanised due to the severity of its injuries.

The kite was found ‘in distress and seriously injured’ on Wednesday 13th May 2015.

The article (see here) is fairly low on details, but what has been written is actually quite informative.

It quotes a Police Scotland spokesman: “This was clearly an intentional act with the sole purpose of trapping this kind of bird of prey“.

That tells us that the bird probably wasn’t caught inside a crow cage trap (by accident), but more than likely was caught in an uncovered, illegally-set spring trap, baited and deliberately placed to trap a bird of prey by its leg(s).

The article also states that the bird was found trapped ‘on moorland west of Stirling’. This is also pretty revealing. There isn’t much moorland to the west of Stirling and the moorland that is there is managed for grouse shooting (for those who don’t know the area, have a look on google maps and look for the tell-tale muirburn strips that identify the land as a grouse moor).

This latest raptor persecution crime is not the first one reported from this area in recent months. In July 2014, a poisoned red kite was found in the area. This crime wasn’t publicised by Police Scotland and didn’t reach the public domain until we blogged about it in January this year, when we found the details hidden away in a government report. At that time, we asked blog readers to contact SNH to ask whether they had issued a General Licence restriction order for the land where the poisoned kite had been found (see here).

In February 2015, Andrew Bachell, Director of Operations at SNH responded by saying the case was ‘under consideration’ (see here).

Meanwhile, later in February, a poisoned peregrine was found on the same estate (see here). It, too, had been killed by ingesting the banned poison Carbofuran.

According to the SNH website, a General Licence restriction order has still not been issued for this estate (or any other estate, come to that).

And now, three months later, an illegally trapped red kite is discovered in what appears to be the very same area.

Somebody (or some people?) is clearly conducting a campaign of raptor persecution crimes in this area. Where’s the enforcement? Why hasn’t a General Licence restriction order been issued for this area of moorland? Had one been issued for the poisoned red kite (July 2014) or the poisoned peregrine (Feb 2015), this latest crime may not have occurred and this poor red kite may not have had to suffer such appalling injuries that it had to be euthanised.

We think it’s time to ask Environment Minister Dr Aileen McLeod some questions about the apparent lack of enforcement action in this area. Only last month she wrote an article stating that “wildlife crime will not be tolerated in modern day Scotland” and she specifically mentioned the General Licence restriction orders: “Arrangements are also in place for SNH to restrict the use of general licences where there is evidence of wildlife crime” (see here).

So, if “arrangements are also in place”, why hasn’t a General Licence restriction notice already been enforced in this particular area and when might we see notification that one has been issued? It’s time for the Government Minister responsible for tackling wildlife crime to show her mettle. Emails to: ministerforenvironment@scotland.gsi.gov.uk

Red kite photo by David Tomlinson

£1K reward offered after peregrine shot dead

The RSPB is offering a £1,000 reward for information leading to the conviction of the person who shot a peregrine earlier this month.

The dead bird was discovered at an undisclosed location in north Staffordshire on 7th May 2015. The exact location hasn’t been revealed, to protect other birds that may be nesting near by.

Staffordshire Police are also appealing for information (Tel: 101 and cite Incident Number 200).

Article in the Stoke Sentinel here

Peregrine photo by Martin Eager

Police launch raptor crime awareness campaigns in Scotland, England & Wales

Police forces in England, Wales and Scotland have recently launched poster campaigns to raise awareness of crimes against birds of prey.

A couple of days ago, North Yorkshire Police announced their campaign against the illegal poisoning of raptors. They’ve produced a poster that will be distributed in rural areas including the Yorkshire Dales and the North York Moors; both of these areas are dominated by driven grouse moors and both areas are well known as raptor persecution hotspots. The posters will be displayed in National Park Centres and on parish council notice boards.

North York Police poisoning poster May 2015

Earlier this month, North Wales Police launched a campaign called Operation Raptor, aimed at targeting raptor poisoners in their region. This follows the poisoning of five peregrines last year and a suspected buzzard poisoning incident this year. The main peregrine poisoning suspects in the region are usually pigeon fanciers/racers.

Police Scotland launched their wildlife crime campaign in March (in collaboration with PAW Scotland), which involves raising awareness of all six national wildlife crime priorities, including raptor persecution.

These publicity campaigns are good to see. Excellent, in fact. However, the most important facet of tackling wildlife crime is not raising awareness (as important as that is), but what the police actually do in response to a reported wildlife crime. A recently published report on wildlife crime enforcement in Scotland revealed a catalogue of failures, including poor follow-up investigations and sometimes no follow-up at all (see here).

We’re watching with interest to see just how long it takes Police Scotland to publicise a number of raptor persecution crimes that have taken place within the last 12 months, especially those involving the use of banned poisons that have killed raptors on or very close to sporting estates with long histories of such crimes.

Henry’s Tour: Day 20

Monday 27 April  Copy

Henry’s arrived in Yorkshire in his quest to find a mate. This should be interesting.

North Yorkshire (includes North York Moors National Park & Yorkshire Dales NP) is the worst county in England for recorded incidents of bird of prey persecution.

Between 2004-2013 there were 70 confirmed raptor persecution incidents. (2014 data not yet published).

These 70 incidents included:

  • At least 26 confirmed incidents involving the illegal use of pesticides – these include the illegal poisoning of 14 red kites, six buzzards, one goshawk, one peregrine plus the finding of a number of poisoned baits; several domestic pets were also poisoned.
  • The confirmed shooting of 25 birds of prey – consisting of 10 buzzards, three red kites, three kestrels, two goshawks, two peregrines plus singles of hen harrier, sparrowhawk, short-eared owl and eagle owl.
  • The illegal trapping of seven birds of prey plus another 11 illegally set traps for raptors.

In connection with these incidents six individuals, all gamekeepers, were prosecuted.

Hen harrier last bred successfully in North Yorkshire in 2007, despite huge areas of suitable habitat.

A Natural England study between 2002 and 2008 showed that of 11 HH breeding attempts recorded in North Yorkshire, only five sites reared any young and most of the sites that failed were believed to be due to human persecution.

#HaveYouSeenHenry

Number of poisoned raptors in Scotland more than quadrupled in 2014

Persecution map 2010 to 2014 - CopyThe Scottish Government has today released the annual poisoning and persecution maps relating to crimes against raptors in 2014.

The accompanying press release is a careful study in damage limitation. We can’t blame them – it must be a constant source of embarrassment for them that raptor persecution continues with virtual impunity so of course they’re going to put out a statement that showcases the positives (there aren’t that many) and plays down the negatives (there are many).

The basic premise of their press release is that reported raptor crimes (incidents) have dropped from 23 in 2013 to 19 in 2014. Sounds like progress, eh? But wait – what if you look at the actual number of persecuted raptors – that tells a completely different story!

Let’s ignore the different types of persecution crimes (e.g. shooting, trapping, disturbance) for a minute and just start with poisoning. Here are the Government’s official number of reported poisoning incidents for the last three years:

2014: 6

2013: 6

2012: 3

So on the face of it, no change from last year and still double the number of reported incidents in 2012. But now let’s look at the number of reported individual raptors that were poisoned over those three years:

2014: 27 (17 x red kite; 7 x buzzard; 1 x peregrine; 2 x unknown because Police Scotland hasn’t released the data)

2013: 6 (1 x red kite; 4 x buzzard; 1 x golden eagle – data from Scot Gov annual report on wildlife crime)

2012: 3 (2 x buzzard; 1 x golden eagle – data from Scot Gov annual report on wildlife crime)

That’s quite an increase, isn’t it? Three reported in 2012, 6 in 2013 and a whopping 27 reported in 2014. Does that sound like raptor poisoning in Scotland is in decline? Nope, it shows that the number of poisoned raptors actually quadrupled in 2014.

However, the Government doesn’t agree that 27 raptors were poisoned in 2014. According to their data, only 16 raptors were poisoned in the Ross-shire Massacre (12 red kites + 4 buzzards). They seem to have conveniently forgotten that 22 dead birds were found, not 16. Even Environment Minister Aileen McLeod ignores the ‘missing six’ and just refers to the poisoned 16 in today’s press release! Sure, there may only be toxicology reports for 16 of those victims – we don’t know the cause of death for the remaining six victims because Police Scotland hasn’t bothered to tell us. But surely they and the Scottish Government aren’t trying to convince us that the remaining six victims (four red kites + two buzzards) weren’t poisoned at all, but that they all just happened to die of natural causes at the same time and in the same fields as the other 16 poisoned birds? Come on. Why try and diminish the extent of such an appalling crime?

And, once again, the poisoning maps exclude other crimes where bait was discovered but with no apparent raptor victim. We know of at least one of these incidents that occurred in 2014 – a poisoned rook found in January close to a poisoned rabbit bait and a poisoned hare bait (Carbofuran & Chloralose) (here). Why doesn’t this count?

Now let’s have a look at the other types of raptor persecution crimes reported in 2014. These include shooting, trapping and disturbance. According to the Government’s data released today, there were 8 reported shootings, 2 reported trapping offences, 1 reported disturbance incident and 2 listed as ‘other’.

Interestingly, they’ve excluded incidents where satellite-tagged raptors have (un)mysteriously disappeared in known persecution hotspot areas, such as the young white-tailed eagle (see here) and several others that Police Scotland has so far chosen to keep under wraps.

They’ve also excluded incidents where illegally-set traps have been found but without an apparent raptor victim. Again, the police have chosen to keep these under wraps. Why don’t those count?

So let’s now look at the Government’s ‘official’ three-year figures for all types of raptor persecution incidents in Scotland (including poisoning, shooting, trapping, disturbance, and ‘other’):

2014: 19

2013: 23

2012: 13

As we said at the beginning, on a superficial level it appears that reported raptor persecution incidents have declined since 2013, although we now know that the Government has excluded several known incidents, and we also know that these are only the reported crimes – many more will have occurred but weren’t detected. But let’s have a look at the number of known raptor victims during that three-year period:

2014: 40

2013: 23

2012: 13

That’s pretty clear then. Illegal raptor persecution continued in 2014 and the number of (known) victims rose considerably from the previous year and the year before that.

What an utter disgrace.

Scottish Government press release here

Scottish Government’s persecution maps and background data can be downloaded here:

Scottish Gov background raptor persecution data (released 31 Mar 2015)

Shot peregrine found dead at Derbyshire Wildlife Trust HQ

peregrine belper jan 2015A dead peregrine has been found outside the Derbyshire Wildlife Trust’s HQ – an x-ray revealed it had been shot.

A £1,000 reward has been put up by the RSPB for information that leads to a conviction.

Tim Birch, Derbyshire Wildlife Trust’s Head of Advocacy and Conservation said: “We have all been shocked at the Trust by the shooting of the male peregrine at our headquarters in Belper. To have a wildlife crime happening right on our doorstep is both alarming and upsetting. Many people from Belper, and indeed from around the whole region, have been thrilled to watch peregrines around the mill where we work. We feel very privileged to have these birds living alongside us. We strongly condemn the shooting of this bird“.

Press statement from Derbyshire Wildlife Trust here

Article in Derby Telegraph here.

This is the second known peregrine to have been illegally killed this year. Just ten days ago we blogged about the discovery of a poisoned peregrine found dead in January on a Scottish sporting estate (here).

According to the RSPB, there have been at least 54 confirmed illegally persecuted peregrines in the UK in the past six years. We eagerly await the results of last year’s National Peregrine Survey to see how persecution is affecting this species at the population level.

Scottish Government launches poisons disposal scheme

PoisonThe Scottish Government has today launched it’s promised ‘pesticides disposal scheme’ – a free service allowing those who are still in possession of these banned substances an opportunity to get rid of them without fear of consequence.

This scheme was initiated by former Environment Minister Paul Wheelhouse whilst he was still in office.

We have mixed views about the scheme.

On the one hand, it’s a proactive approach to rid Scotland of highly toxic substances that are still being used, illegally, with devastating effect on some of our raptor species, notably golden eagles, red kites, peregrines and buzzards. Only yesterday we blogged about the latest victim  -a poisoned peregrine found on a grouse moor (see here).

On the other hand, many of these poisons have been banned for years, and even being in possession of them has been an offence since 2005 (Possession of Pesticides (Scotland) Order 2005), so why, ten years later, are the criminals who are still in possession of these poisons being given yet another opportunity to escape justice?

The bigger concern of these two views undoubtedly has to be that these poisons need to be removed, and that concern outweighs the lesser concern that the criminals won’t be punished, so from that perspective we welcome the new scheme.

However, what we want (expect) to see as a result of the scheme is that anybody caught with these poisons after the scheme has ended MUST be given a more serious sentence for their crime. We fully expect that even after this scheme has ended, there will still be substantial amounts of these poisons being held illegally. Why? Because the criminals who hold and use these poisons have been doing so for a long, long time, despite the legislation and despite previous amnesties, because they know there’s a good chance that they’ll get away with it. And for those who do get caught, the penalty is usually so ineffectual that the risk was worth taking anyway. Those people, when caught, must feel the full force of the law and not some pathetic fine or community service order – nothing less than a mandatory custodial sentence will do.

It’s not clear for how long the free disposal scheme will run, other than a quote from the current Environment Minister, Dr Aileen McLeod, that the scheme will be “short-lived”.

Those wishing to dispose of their banned poisons via this scheme can do so without fear of prosecution, and without their personal details being given to the authorities. The Government will be collecting data about the uptake of the scheme, but these data will be limited to the type and number of poisons handed in, the cost of the scheme, and only the first three letters of the postcode from where the poisons have been collected.

As this is a free and confidential service, there is absolutely NO EXCUSE WHATSOEVER for anyone to still be in possession of these poisons by the time the scheme ends. Mind you, it’s been that way for the past decade and yet….

Scottish Government press release here

Details about how to use the free disposal service here

Frequently Asked Questions about the scheme here

A list of the poisons that will be accepted by the scheme and a description of what they look like and some common generic names here