Police Scotland has issued the following press statement:
RAVEN FOUND DEAD IN ABERDEENSHIRE
An investigation is under way after a raven was found dead in an area of the Invercauld Estate in Aberdeenshire.
On Friday, 12 May 2023, game keepers at the Estate contacted police after they found a dead raven next to a number of broken eggs. Officers attended and removed the bird and the egg shells.
The egg shell and matter has been analysed and has tested positive for pesticide. Officers are awaiting toxicology results for the raven.
Constable Hannah Corbett said: “We take wildlife crime extremely seriously and a number of lines of inquiry are being followed up. However, I would like to appeal to the local community for any information they may have about this matter. Did you see anything suspicious, have you overheard anyone talking about this? Any small piece of information could prove significant in investigating the cruel and callous death of the raven. Please do contact us.”
Anyone with information is asked to call Police Scotland via 101, quoting incident number 1307 of 12 May 2023. Alternatively, you can contact Crimestoppers on 0800 555 111 where information can be given anonymously.
ENDS
Many of you will know that one part of Invercauld Estate is currently serving a three-year General Licence restriction, imposed by NatureScot after the discovery of an illegally poisoned golden eagle and illegal poisoned baits on an estate grouse moor in March 2021 (see here).
It’s not yet clear on which area of Invercauld Estate the latest poisoned baits were discovered – it’s a massive grouse-shooting estate that covers a large area of the Cairngorms National Park. It’ll be interesting to find out if these baits were found on the same shooting ‘beat’ as before or on another shooting ‘beat’ managed by a different party on a different part of the estate.
I applaud Police Scotland’s decision to publicise the discovery of the poisoned baits – not least to warn members of the public who might venture into the National Park and on to the estate with children and dogs, putting them at potential risk of great harm.
The early publicity is a welcome change to what had become a standard practice of complete silence from Police Scotland on raptor poisoning crimes (e.g. here, here, here).
In April 2023, Barry Nicolle, 67, a wildfowl collector from Dumfries & Galloway, pleaded guilty to 14 charges relating to the poisoning of red kites with banned pesticides, which included the placing of poisonous baits out in the countryside (see here and here).
This morning he was sentenced at Dumfries Sheriff Court and was given a monumentally inadequate community service order – to complete 216 hours of unpaid work within 12 months.
The RSPB has issued the following press release:
DUMFRIES-SHIRE MAN GIVEN COMMUNITY PAYBACK ORDER FOR ‘SERIOUS’ BIRD POISONING OFFENCES
A Dumfries and Galloway wildfowl collector was today (19 May 2023) sentenced to 216 hours of community payback at Dumfries Sheriff Court, after being convicted of multiple charges relating to the use of illegal poisons to target protected wildlife.
At a previous hearing, Barry Nicolle (67) plead guilty to 14 charges, including the illegal poisoning of five Red Kites and 10 Rooks, the placing of poison baits out in open countryside and the possession of banned pesticides.
A container of the banned poison Aldicarb, found at Nicolle’s house. Photo: Crown Office
Speaking in court today, the Sherriff said the crimes were serious enough to cross the threshold for prison to be considered, however given that the individual had no previous convictions, in light of his age, and due to sentencing guidelines regarding custodial penalties of less than 12 months, a community order was served.
The case dates back to spring 2019, when several dead Red Kites were found by members of the public in the Springholm area, between Dumfries and Castle Douglas. Toxicology tests by the Science and Advice for Scottish Agriculture government laboratory revealed that all had died after consuming meat laced with poison. More victims were identified over the following months, including a number of Rooks found poisoned in the playground of the local primary school. One kite found killed was lying adjacent to the body of a Mandarin Duck used as a bait and found to have been laced with the same banned pesticide that killed the kite.
Mandarin Ducks are not a native species in Scotland, and the use of this exotic species as a bait drew Police Scotland’s attention to Nicolle who kept a large collection of exotic ducks and geese in an enclosure next to his house. During the execution of a search warrant at his premises in February 2020, police officers found quantities of aldicarb and bendiocarb, both illegal poisons, and both of which had been detected in the victims. Officers also found a Larsen trap being used illegally adjacent to Nicolle’s duck ponds. Nicolle was subsequently arrested and charged.
Ian Thomson, RSPB Scotland’s Head of Investigations, said: “We welcome today’s conviction of a Mr Nicolle for multiple offences linked to the illegal poisoning of Red Kites and Rooks around the village of Springholm. The placing of poison baits out in the open is illegal, dangerous and indiscriminate. It is exceedingly fortunate that Mr Nicolle’s repeated actions did not result in serious injury to a young child.
“The investigation of this case was an excellent example of partnership working. We would particularly like to thank Police Scotland, notably wildlife crime officer PC John Cowan, for their dogged determination to identify the perpetrator of these offences and to see them face justice, and to Procurators Fiscal from the Crown Office’s Wildlife and Environmental Crime Unit, for their diligent work in securing a conviction in such a complex case.”
Red Kites became extinct in Scotland in the 19th century due to persecution, but have been reintroduced in four areas, including Galloway. The reintroduction project here ran from 2001-04. Now, of an established Scottish population of around 450 pairs, Dumfries & Galloway contains about a third of these, making it the most important area of the country for these birds and their future conservation. In addition, the Galloway Red Kite Trail is a significant local tourist route, with over 100,000 visitors coming to the area to see the kites and contributing £8.2 million to the local economy between 2003-2015.
Red kite. Photo: Dick Forsman
Detective Inspector Dean Little, Senior Investigating Officer at Police Scotland, said: “Wildlife crime can be complex to investigate and difficult to prove in court. In this case local officers on the ground were able to promptly gather evidence and work with a number of partners who utilised specialist forensic methods to build a case against Nicolle.
“Scotland’s wildlife is one of its greatest attractions, which is especially true in our local area. Nicolle’s reckless use of illegal poison was not only selfish and damaging to the birds it killed, but also posed a risk to the environment and members of the public who came across them.
“I would like to thank the numerous partners who assisted in this case and members of the public who provided information and assisted police enquiries. Crimes against nature are not unpunishable and we welcome the sentencing today of Nicolle which shows our continued commitment to investigate wildlife crime and bring perpetrators to court.”
ENDS
Given the extent and seriousness of Nicolle’s crimes, I just can’t believe how lenient the Sheriff has been, although obviously he is constrained by sentencing guidelines.
It’s a complete replication of what happened when gamekeeper Alan Wilson was sentenced for his multiple offences at Longformacus in the Scottish Borders in 2019 (see here). Wilson also avoided jail, also avoided a fine and was just given a community payback order of 225 hours. It’s as though the Sheriffs in these cases are considering the offences as individual offences instead of looking at them as a cumulative pattern, which would easily then pass the custody threshold and exceed the 12 months limit.
Unfortunately, Nicolle committed his crimes prior to the enactment of the new Animals & Wildlife (Penalties, Protections & Powers) (Scotland) Act 2020; legislation that was introduced to increase the penalties available for certain wildlife crimes, including those under Section 1(1)(a) of the Wildlife & Countryside Act – ‘Intentionally, or recklessly, killing, injuring, or taking a wild bird‘.
Although, as we saw in a recent test case of this new legislation (the sentencing of a gamekeeper on Moy Estate for raptor-killing), it won’t necessarily lead to a significant punishment (see here).
I feel incredibly sorry for the multi-agency investigators in the latest case, who have clearly worked hard to bring a successful prosecution against Nicolle. In my opinion this pathetic sentence doesn’t reflect their efforts, doesn’t act as a deterrent for others, and certainly doesn’t reflect the seriousness of Nicolle’s crimes, which he knowingly committed, repeatedly, over a period of months.
Despite his conviction, this is a bad day for wildlife crime fighters.
UPDATE: The Crown Office has published the following statement, which provides a few more details:
MAN SENTENCED FOR POISONING WILD BIRDS
A 67-year-old waterfowl enthusiast has been sentenced for killing multiple birds of prey and other birds.
Barry Nicolle, who runs an exotic wildfowl breeding farm in Dumfries and Galloway, has been given a Community Payback Order and ordered to carry out 216 hours of unpaid work after pleading guilty at Dumfries Sheriff Court to the indiscriminate use of banned poisons, which killed five red kites and ten rooks.
This believed to be the first Scottish conviction in which multiple birds of prey have been killed with poison.
He also pled guilty to possession of several highly toxic pesticides, using a crow trap illegally and an air weapon licensing offence.
Between May 2019 and February 2020 Nicolle laced bait including mandarin duckling and a mallard duck with banned pesticides. He also placed poisoned bread on fence posts around his land which is about 150m (164 yards) from Springholm Primary School.
All of this was done to attract and kill scavengers in a bid to protect his own collection of exotic and ornamental waterfowl from a perceived threat.
Speaking after the sentencing, Fiona Caldwell, who leads on wildlife and environmental crime for the Crown Office and Procurator Fiscal Service (COPFS) said:
“Barry Nicolle’s actions led to the illegal killing of multiple Red Kite’s and Rooks.
“The laying of bait laced with poisons was shockingly irresponsible and Nicolle has shown an utter disregard for the wildlife laws which serve to protect these species.
“I would like to thank Police Scotland, RSPB Scotland, the Scottish SPCA, the SRUC Veterinary Investigation Centre and SASA for their part in investigating and gathering evidence of these repugnant offences.
“The law protects wild birds and those who seek to poison them or possess stocks of illegal poison can be assured that the Procurator Fiscal will continue to prosecute such cases and ensure that offenders face the consequences of their actions.”
The court heard that numerous reports of suspicious deaths of red kites in the Kirkpatrick Durham and Springholm areas were made to Police Scotland, RSPB and the Scottish SPCA Inspectors by members of the public.
Springholm is at the heart of the breeding red kite population’s range in South West Scotland making it a key area of the country for these birds and their future conservation.
Several red kite were found lying motionless on the ground in a distressed state and had to be euthanised. The ten poisoned rooks were found on the grounds of Springholm Primary School.
Subsequent post-mortem examinations by Scotland’s Rural College (SRUC) Veterinary Investigation Centre and toxicology analysis by the Science and Advice for Scottish Agriculture (SASA) Chemistry Branch established a pattern and cause of death linked to a banned Carbofuran based pesticide called Aldicarb.
All the deaths centred around Nicolle’s property and as a result of these enquiries police applied for and were granted a warrant to search Wickerty Snook.
On the morning of 4 February 2020 police wildlife officers, along with an RSPB investigator, a SASA scientist and others executed the warrant.
During the search of Nicolle’s home, the poisons Aldicarb, Bendiocarb and Phostoxin, which contains aluminium phosphide, were found.
Poisoned bait and traps, including an untagged and therefore illegal Larsen trap, were found on his land.
The Cairngorms National Park Authority (CNPA) is advertising a three-year, full time position for a Raptor Conservation Officer, to deliver the actions laid out in the National Park’s latest Partnership Plan (2022-2027) aimed at increasing the home range, occupation and breeding success of golden eagle, hen harrier, merlin and peregrine across the National Park.
This is a promising move by the CNPA, who have previously faced severe criticism for not dealing effectively with ongoing raptor persecution in some areas of the Park, notably on land that’s managed for intensive driven grouse shooting (e.g. see here & here).
Crimes against birds of prey, especially those that take place within the Cairngorms National Park, are often high profile, and quite rightly so. For example the recent poisoning of a golden eagle on a grouse moor within the Park (here) and the poisoning of a white-tailed eagle on another grouse moor within the Park (here) generated widespread outrage and media coverage, as did the sighting of a young golden eagle flying around a grouse moor in the Park with a spring trap clamped to its leg/foot (here).
Last year, the CNPA stated its intention to address intensive gamebird management within the Park as part of its Partnership Plan (here), which was seen as a good move by many of us who know that raptor persecution is disproportionately associated with land managed for gamebird shooting. That, combined with the creation of this new Raptor Conservation Officer post, is indicative of things moving in the right direction.
Make no mistake though, this new post will be a challenging one. There are some fantastic estates in the Cairngorms National Park who have been hosting and protecting breeding raptors (e.g. golden eagles, white-tailed eagles, hen harriers) for some time now, but there are also other estates that stubbornly refuse to tolerate these species and still behave as though it’s the 1890s.
The post is full time for three years, attracting a salary between £33,652 – £40,362. The closing date for applications is Sunday 30th April at 23.59hrs.
A detailed job description and list of essential attributes is provided here:
A poisoned red kite found in Lincolnshire in 2020 led to a multi-agency raid of two properties in March 2021 where suspected poisons were seized and sent for analysis (see here and here).
Last month, Lincolnshire Police issued the following statement in relation to this investigation:
‘A man has been charged with possession of an item for the purpose of killing a wild bird.
Jamie Harrison, aged 53, of Paulette Court, Spalding, has received a postal charge for possession of a poisonous substance for the purpose of killing a wild bird.
Harrison was interviewed after a warrant was executed in Spalding, in March 2021.
He is due to appear at Boston Magistrates’ Court, later this month.
Our Rural Crime Action Team was formed as part of Chief Constable Chris Haward’s pledge to provide a focus on targeting offences that affect our rural communities’.
No further details are available but I understand the next court hearing will be in June.
Well done to Lincolnshire Police’s Rural Crime Action Team and all the agencies involved in this investigation (NWCU, Natural England, RSPB).
As criminal proceedings are now underway, comments won’t be posted until the case concludes. Thanks for your understanding.
Further to yesterday’s breaking news (here) that wildfowl collector Barry Nicolle had pleaded guilty to multiple wildlife crimes relating to the illegal poisoning of red kites in south west Scotland, Police Scotland has issued the following statement:
Man convicted of killing 15 birds, including five red kites, in Dumfries & Galloway Area
A 67-year-old man has been convicted of killing raptors and other wild birds in the Stewarty area of Dumfries and Galloway between 2019 and 2020.
Barry Nicolle admitted numerous charges at Dumfries Sheriff Court today (Wednesday, 5 April, 2023). He is due to be sentenced on Friday, 19 May, 2023.
The charges related to the reckless use of illegal poison resulting in the deaths of 15 birds, including five red kites. They were recovered within a mile radius of Nicolle’s address, some just a few hundred yards from his property.
A poisoned red kite. Photographer: unknown
Robust policing work in conjunction with forensic science found these birds had not died naturally and had in fact been poisoned with banned substances, including Aldicarb and Bendiocarb.
Wildlife Officer, Police Constable John Cowan, said: “Extensive policing work involving a number of partners, along with forensic science, enabled us to build a case against Nicolle who had been killing protected birds over a number of years.
“Not only was there a risk to the rural environment, but also to members of the public handling poisoned birds some of which were found near a primary school.
“Police Scotland and the partners we work with treat all types of wildlife crime very seriously and this conviction is a strong message that those who poison wild and protected birds will be robustly investigated.
“I would also like to thank the public who provided information that assisted our enquiries. This is vital to our work in combatting wildlife crime.
“I would encourage anyone who comes across a protected dead bird or animal to report it to us. Likewise if you have information about wildlife crime please get in touch via 101.”
ENDS
UPDATE 19th May 2023: Monumentally inadequate sentence for Barry Nicolle, serial red kite poisoner in Dumfries & Galloway (here).
Barry Nicolle, a wildfowl collector in south west Scotland, has pleaded guilty to 14 charges this morning at Dumfries Sheriff Court in relation to the illegal poisoning of red kites in the area.
Red kite. Photo: Dick Forsman
Nicolle’s guilty pleas relate to the poisoning of four red kites, placing out poisoned baits, possession of illegal poisons and illegal trap use, according to Ian Thomson, Head of Investigations at RSPB Scotland.
Police Scotland led a multi-agency investigation, assisted by the RSPB, after a number of poisoned red kites were discovered in the area between 2018-2020 (see here, here, here and here for previous blogs).
Nicolle is due to be sentenced on 19th May 2023.
I expect full details of the case will be published post-sentencing.
UPDATE 6th April 2023: Police Scotland statement on conviction of red kite poisoner Barry Nicolle (here)
UPDATE 19th May 2023: Monumentally inadequate sentence for Barry Nicolle, serial red kite poisoner in Dumfries & Galloway (here).
Earlier this year, criminal gamekeeper Paul Allen was sentenced for multiple wildlife, poisons and firearms offences committed on the Shaftesbury Estate in Dorset in 2021 (see here).
He first came to the attention of the police after a member of the public discovered a dead red kite on the estate in November 2020. Tests revealed it contained the poison Bendiocarb and this triggered a multi-agency raid in March 2021 led by Dorset Police’s (now former) wildlife crime officer Claire Dinsdale.
The poisoned red kite found on the Shaftesbury Estate by Dorset resident Johanna Dollerson
Officers found the corpses of six dead buzzards by a pen behind the gamekeeper’s house (tests later showed they had all been shot, including one that was was estimated to have been shot in the last 24hrs). Officers also found the remains (bones) of at least three more buzzards on a bonfire.
A loaded shotgun was found propped up behind a kitchen door (!) and 55 rounds of ammunition were found in a shed. Both the gun and the ammunition should have been inside a locked, specifically-designed gun cabinet, by law. The gun and the ammunition were not covered by Allen’s firearms certificate.
Officers also found a number of dangerous, and banned, chemicals, including two bottles of Strychnine, two containers of Cymag and a packet of Ficam W (Bendiocarb) in various locations, including in a vehicle used by Allen.
Some of you may also recall that Allen was initially charged with killing the red kite, but court records showed that this charge, along with two others, was subsequently dropped minutes before the hearing (see here), probably as some kind of bargaining agreement between the lawyers.
Allen was sentenced in February 2023 and escaped a custodial sentence due to his personal circumstances (see here).
If you recall, the Shaftesbury Estate was also where a young satellite-tagged poisoned white-tailed eagle was found dead, a year later, in January 2022. Tests revealed the eagle’s liver contained seven times the lethal dose of the rodenticide Brodifacoum but Dorset Police refused to conduct a search of the estate, despite already running an investigation into gamekeeper Paul Allen’s crimes on the same estate(!), and they still haven’t provided a credible explanation for that appalling decision (see here).
Now new details have emerged about what was found during the investigation into gamekeeper Allen, thanks to Guy Shorrock, a member of the PAW Forensics Working Group and a former Senior Investigator at RSPB. Guy has written a guest blog for Wild Justice to demonstrate how the Raptor Forensics Fund, initiated by Wild Justice in 2020, has been used to help bring a number of criminal gamekeepers to court.
In that guest blog, Guy discusses the forensic testing undertaken on a ‘cut open’ dead rat that had been found next to the red kite’s corpse. Tests revealed it, too, contained the poison Bendiocarb – in other words, it had been placed as a poisoned bait. Forensic testing also confirmed that the kite had consumed part of a brown rat. You don’t have to be Poirot to piece it all together but even though Allen’s vehicle contained multiple pots of Bendiocarb, this still isn’t sufficient evidence to demonstrate without reasonable doubt that he was responsible for placing the poisoned bait that killed that red kite. This is a very good example of just how high the criminal burden of proof is and why so many prosecutions against gamekeepers have failed.
What has also been revealed is that in addition to being poisoned by Bendiocarb, that red kite also contained NINE times the lethal level of the rodenticide Brodifacoum in its system!! Sound familiar? The dead white-tailed eagle, found on the same estate a year later, contained seven times the lethal dose. To me, this makes Dorset Police’s decision not to search the Shaftesbury Estate even more non-sensical than previously thought.
Wild Justice has asked its legal team to examine Dorset Police’s botched handling of the poisoned white-tailed eagle case and expects to have more news on that in due course.
Meanwhile, I’d really encourage you to read Guy’s guest blog on Wild Justice’s website (here), published this morning, for a fascinating insight into the pain-staking forensic work that goes in to prosecuting those who continue to kill raptors.
The Raptor Forensics Fund, initiated by Wild Justice and supported by donations from the Northern England Raptor Forum, Tayside & Fife Raptor Study Group, Devon Birds, and a number of generous individuals who wish to remain anonymous, is now running low (because it’s been used so often!). Wild Justice intends to top up the fund shortly. If you’d like to donate to Wild Justice’s work, please click here. Thank you.
Two dead buzzards have been found next to a dead pigeon in a south Wales wood – all three have tested positive for Bendiocarb, a restricted poison that is currently the most widely-used substance for illegally poisoning birds of prey.
The two dead buzzards and the poisoned bait were found in woodland near HM Prison Parc in Bridgend in August 2022.
One of the poisoned buzzards next to the poisoned bait (a pigeon)
It’s not clear why it’s taken seven months for an appeal for information to emerge but it’s noticeable that the appeal (see below) has been led by the RSPB and not by South Wales Police.
So yet again, another police force has failed to warn the public about the use of a highly dangerous poison in a public area, that’s already killed at least two protected species.
I don’t understand why it’s so difficult for police forces to get this right – we see them cocking this up time and time and time again. Even if there’s a delay getting results back from the lab (as there so often is), it’s pretty obvious from the circumstances in this case that poisoning was the likely cause of death and therefore the public should have been alerted/warned immediately, not seven months after the event. Seriously, how hard can it be? It doesn’t inspire confidence, does it?
RSPB PRESS RELEASE:
Poisoned buzzards prompt police warning to public
*Two Buzzards – a species protected by law – were found poisoned in Bridgend, posing a risk to public safety.
*Police and RSPB Cymru are asking anyone with information to come forward.
South Wales Police and RSPB Cymru are appealing to the public for information after two Buzzards were found illegally poisoned near HM Prison Parc in Bridgend.
The bodies were found by a member of the public alongside a dead feral pigeon in woodland near the prison in August 2022, and South Wales Police launched an investigation.
All three birds tested positive for the insecticide bendiocarb, a fast-acting poison. This is now banned in most forms but is frequently used to target birds of prey.
It has not been possible to identify a suspect.
Niall Owen, RSPB Raptor Officer, said: “It’s clear that these Buzzards were killed after feeding on the pigeon, which was laced with poison in a deliberate act to target birds of prey. This is not only illegal and dangerous to wildlife but represents a serious risk to any person or pet that may have come across it. If you have any information relating to this incident, please contact South Wales Police on 101.”
All birds of prey are protected by law, and to kill or injure one could result in jail and/or an unlimited fine.
If you find a dead or injured bird of prey which you suspect may have been poisoned or illegally killed in some way, call 101 and contact the RSPB via this online reporting form.
You can also get in touch anonymously by calling the RPSB’s Raptor Crime Hotline: 0300 999 0101.
Further to this morning’s news that Millden Estate in the Angus Glens has been slapped with a three-year General Licence restriction after evidence was found of raptor persecution crimes (see here), it’s worth examining the background to this case.
Millden is one of a number of grouse-shooting estates situated in the Angus Glens that has featured many, many times on this blog (see here for all Millden posts).
Location of Millden Estate in the Angus Glens. Estate boundaries sourced from Andy Wightman’s Who Owns Scotland website
Millden Estate first came to my attention in July 2009 when a young satellite-tagged golden eagle called Alma was found dead on the moor – she’d ingested the deadly poison Carbofuran (here). It wasn’t clear where she’d been poisoned and the estate denied responsibility.
Then in 2012 there was the case of another satellite-tagged golden eagle, believed to have been caught in a spring trap on Millden Estate before moving, mysteriously, several km north during the night-time only to be found dead in a layby with two broken legs a few days later (here and here). The estate denied responsibility and the Scottish Gamekeepers Association conducted an ‘analysis’ (cough) and deduced it was all just a terrible accident (here).
There have been other incidents – former Tayside Police Wildlife Crime Officer Alan Stewart describes ‘a horrendous catalogue of criminality’ recorded on Millden Estate during his time (see here). However, despite this history, nobody has ever been prosecuted for raptor persecution crimes on Millden Estate.
Today’s announcement from NatureScot that a General Licence restriction has been imposed on Millden Estate is the first sanction I’m aware of at this location. It has been imposed after three shot buzzards were found in bags outside two gamekeeper’s cottages during an SSPCA-led investigation into badger-baiting and other animal-fighting offences in 2019.
That investigation led to the successful conviction in May 2022 of depraved Millden Estate gamekeeper Rhys Davies for his involvement in some sickening animal cruelty crimes (see here). Despite his conviction, Millden Estate denied all knowledge of this employee’s criminal activities (here).
There hasn’t been a prosecution for the shooting (or possession) of those three shot buzzards, nor for the six other shot raptors found in a bag just a short distance from the Millden Estate boundary (here), and nor will there be, according to a statement provided to me by the Crown Office (here).
With this long history of un-attributable wildlife crime on and close to Millden Estate, the imposition of a General Licence restriction is welcome news, although in real terms it’s nothing more than a minor inconvenience to the estate. It doesn’t stop their legal killing of so-called pest species (e.g. crows) because all they have to do is apply for an Individual licence, which NatureScot will have to grant (although it can revoke an Individual licence if more evidence of crime emerges – as happened on Raeshaw Estate in 2017 – see here), and nor does it stop the legal killing of red grouse, pheasants or red-legged partridge by paying guests.
This photograph appeared on social media in 2017 titled ‘Team Millden’ and shows a bunch of blokes dressed in Millden tweed grinning inside the estate’s larder after a day’s grouse shooting.
I’ve written about the monumental ineffectiveness of General Licence restrictions many times (e.g. see here, here, here, here, here) and my view hasn’t changed. The only weight that a General Licence restriction carries is a reputational hit for the estate on which it is imposed, which was the Environment Minister’s aim when GL restrictions were first mooted (here).
This is useful from a campaigner’s perspective because it allows us to demonstrate that raptor persecution continues on Scottish grouse moors, despite the absurd denials of senior industry representatives (e.g. see here).
But it doesn’t stop the estate’s business activities. You might think that others in the industry, or even elected politicians, would shun a restricted estate but that simply doesn’t happen (e.g. see here and here).
And nor is it an effective deterrent – Leadhills Estate, a grouse moor in South Lanarkshire, was slapped with a second General Licence restriction after ‘clear evidence’ of wildlife crime was uncovered whilst the estate was still serving its first restriction notice (see here)!
Given the current number of grouse-shooting estates serving General Licence restrictions after ‘clear evidence’ of wildlife crime was provided by Police Scotland: Leadhills Estate (here), Lochan Estate (here), Leadhills Estate [again] (here), Invercauld Estate (here), Moy Estate (here) and now Millden Estate (here), it’s clear that the Scottish Government’s proposed grouse-shoot licensing scheme can’t come soon enough.
There are strong rumours that the Wildlife Management (Grouse) Bill will be presented to the Scottish Parliament before Easter and many of us are eagerly awaiting its publication to see the details of what is proposed and, importantly, how it will be enforced.
One thing’s for sure, it will need to be a lot more robust than the General Licence restriction and any sanctions, which should hopefully include terminating an estate’s ability to continue gamebird shooting during a determined-sanction period, will need to be deployed a lot quicker than the time it takes for a General Licence restriction to be imposed (it’s taken four years for the GL restriction to be placed on Millden Estate).
UPDATE 10th March 2023: Millden Estate says it will appeal General Licence restriction imposed after evidence of raptor persecution (here)
Following the sentencing last week of criminal gamekeeper Paul Allen in Dorset (here), I’ve been reviewing the responses from various organisations including the RSPB (here), the game-shooting industry (here) and Dorset Police (here).
Today I’m reviewing Natural England’s response.
Natural England (NE) published the following blog (reproduced below) on the day Allen was sentenced (16th Feb 2023):
By Stephanie Bird-Halton, National Delivery Director.
Today, Paul Allen, a gamekeeper working on the Shaftesbury Estate in Dorset, was sentenced for offences of possession of dead buzzards, keeping of banned pesticides and failing to comply with conditions of shotgun and firearms certificates.
Natural England is determined to tackle the scourge of raptor persecution. One of our roles involves investigating incidents where wildlife has been poisoned and we assisted Dorset Police in in this prosecution, gathering evidence and providing specialist technical advice. We are extremely pleased that he has been held to account for his appalling offences against wildlife.
This case, and the death in Dorset of one of the stunning White-tailed Eagles reintroduced to the Isle of Wight, are clear examples of a wider problem: the widespread misuse and abuse of poisons in the countryside which is killing birds of prey, and poses ongoing risks to the public.
During the coronavirus lockdown period, there was a spike in the number of poisoning cases reported with 230 accepted into the Wildlife Incident Investigation Scheme (WIIS) in 2020/21 as compared with 124 in 2019/20 and the problem has not gone away. In 2021/22, Natural England accepted 133 incidents of animal deaths suspected to be poisonings into WIIS. Cases remain unevenly spread throughout England with the highest number of incidents consistently being found in North Yorkshire (28 in 2019/20 and 54 in 2020/21).
When we investigate an incident and confirm it is a poisoning, we assess the evidence gathered, post-mortem results and tissue analysis to find out if the poisoning was as a result of a misuse or abuse of pesticides. Misuse is not following the legal requirements of use, whereas abuse is deliberate use in an illegal manner to poison animals. Where the evidence is unclear, cases are classified as “unspecified”. Not all cases accepted into investigation reach the assessment process, particularly where it becomes clear that pesticides have not been involved in the death of the animal.
In 2020/21, 37 cases of animal poisoning were assessed as being the result of abuse. There were six cases of misuse and 140 unspecified. 21 of the abuse cases related to the poisoning of raptors and these cases were passed on to the Police for further investigation.
The RSPB’s Bird crime 2021 report, published last November tells the same story of raptor persecution, with 80 confirmed incidents of bird of prey persecution in England, mainly through shooting, trapping or poisoning.
Based on data from WIIS, from 2016 onward, Natural England has observed a particular increase in frequency of Second-Generation Anticoagulant Rodenticides (SGARS) being linked to the cause of death in animals or being found in relatively high concentrations in those animals.
Rodent control is essential to public health and users of rodenticides, including SGARS, span many industries including pest controllers, farmers and food producers. Other users of rodenticides include the game shooting industry. The use of anticoagulant rodenticides by professional users must follow the requirements of the industry led rodenticide stewardship regime Campaign for Responsible Rodenticide Use UK set up in 2016, as well as complying with the product label requirements.
It is imperative that anyone dealing with a rodent problem keeps within the law, follows the best practice guidelines, only using rodenticides after alternatives have been explored and doing so in a graduated, careful and responsible way, ensuring that rodent carcasses are disposed of promptly. However, cases of raptors dying with high levels of rodenticides in their system suggest there is a problem with the use of rodenticides – whether this be from deliberate abuse or misuse.
NE will continue to play its part, investigating poisoning incidents and working with the police and other partners to prosecute offences. Anyone can help – reports from the public can play an essential part in identifying cases of raptor persecution. However, without all landowners, land managers and gamekeepers complying with the law and reporting illegal activity, the impact on our wildlife will continue.
ENDS
It’s a bit all over the place to be honest, mostly focusing on the mis-use of rodenticides, which, whilst important in the wider scheme of things, had nothing whatsoever to do with gamekeeper Paul Allen’s conviction.
It’s interesting though that they mention the poisoned white-tailed eagle that was found dead on the same estate ten months after Allen’s crimes were discovered (and for which nobody has been held responsible because Dorset Police botched the investigation). Natural England had a role to play in the follow-up to that botched investigation, along with the Health & Safety Executive, and I’ll return to this once NE has responded to some pending Freedom of Information requests.
The last sentence in NE’s statement is just laughable:
‘However, without all landowners, land managers and gamekeepers complying with the law and reporting illegal activity, the impact on our wildlife will continue‘.
You don’t say!
But at least NE has explicitly laid the blame of raptor persecution at the door of the game-shooting industry. That is helpful from a campaigning perspective.
In addition to this blog, NE’s Chief Executive Marian Spain tweeted about the case:
She came in for some criticism from others on Twitter for failing to mention the other partners involved with this successful prosecution, notably the RSPB, just as Dorset Police had failed to acknowledge their involvement. Although in Marian’s case I doubt this was a deliberate, petty and vindictive move, unlike Dorset Police’s probable motivation.
But what struck me most about her tweet was her claim that one of the ways NE works to tackle raptor persecution is by ‘working with shooting bodies to change attitudes‘ and by ‘prosecuting offenders‘.
How’s that going then, Marian? How many attitudes has NE changed? Given that 2020 saw the highest level of reported raptor persecution crimes in 30 years (here) and the most recent report from 2021 had the second highest number on record (here), I’d argue that attitudes haven’t changed one bit.
She might point to DEFRA’s ludicrous hen harrier brood meddling sham as ‘evidence of changed attitudes’ (because a handful of grouse moor owners are now ‘allowing’ hen harriers to breed) but I’d point out that since hen harrier brood meddling began in 2018, at least 77 hen harriers are known to have been illegally killed or have gone ‘missing’, mostly on or close to grouse moors (here). That’s not a change in attitude. That’s evidence of on-going law breaking by an industry that NE has jumped into bed with, switched on the electric blanket and pulled up the duvet.
And as for ‘prosecuting offenders‘, I think Guy Shorrock’s tweet says it all (Guy, a now-retired RSPB Investigator, worked for 30 years in this field so I think he’s well placed to ask the question):
Raptor Persecution UK 