Tag: poisoning

Buzzards found poisoned & decapitated in Co Cork

Reported on BirdWatch Ireland’s facebook page on 24 April 2018, news of three dead buzzards found in a field at Ring, near Clonakilty, Co Cork.

The birds were found in January and collected by staff from the National Parks & Wildlife Service (NPWS) to be sent for post-mortem. X-rays showed no sign of lead shot but two of the buzzards had missing heads and one had a missing leg.

Toxicology results have revealed high levels of the highly toxic pesticide Carborfuran as well as two rodenticides.

The NPWS is investigating and calling for information.

More details on the BirdGuides website (here).

Photo of the dead buzzards in evidence bags [photo by NPWS]

Grouse Moor Management Review Group: 1st meeting report

In May last year Scottish Environment Secretary Roseanna Cunningham announced her intention to establish a Grouse Moor Management Review Group, in response to the damning findings of the Golden Eagle Satellite Tag Review which had revealed that almost one third of satellite-tagged golden eagles had disappeared in highly suspicious circumstances on or close to intensively managed driven-grouse moors (see here).

The membership of the Grouse Moor Management Review Group was announced in November 2017 (see here) and the panel was expected to report back its findings to the Cabinet Secretary in early 2019.

The Group held its inaugural meeting on 16 January 2018 at the Royal Society of Edinburgh and the Chair (Prof Alan Werritty) outlined the background and context for the Group, and the following terms of reference were agreed:

‘The Group will examine how to ensure that grouse moor management continues to contribute to the rural economy while being environmentally sustainable and compliant with the law. The Group will recommend options for regulation including licensing and other measures which could be put in place without new primary legislation‘.

[Photo of intensively managed driven grouse moor, Cairngorms National Park, by Ruth Tingay]

Prof Werritty noted that the Cabinet Secretary had also commissioned a socio-economic study to be undertaken in parallel with the work of the Group, with interim findings to be made available later in the year.

According to Prof Werritty’s report of this first meeting, in addition to identifying a schedule for meetings, the Group agreed the following framework:

January to July 2018: gathering evidence and identifying key issues:

  • Meeting 2. Evidence 1 (Environmental law relevant to grouse moors, current licensing systems and Codes of Practice, wildlife crime)
  • Meeting 3. Evidence 2 (Predation/raptors and mountain hares)
  • Meeting 4. Evidence 3 (Muirburn and medicated grit, call for written evidence)

September to December 2018: written and oral evidence, visit to estate(s), socio-economics:

  • Meeting 5. Written evidence reviewed and oral evidence from key stakeholders
  • Meeting 6. Visit to grouse shooting estate(s)
  • Meeting 7. Review input from socio-economic study

January to March 2019: drafting report and recommendations:

  • Meeting 8. Review evidence and initial drafting of report and recommendations
  • Meeting 9. Finalise report and recommendations

At the first meeting in January 2018, the Group heard presentations from three of the Group’s special advisors, as follows:

  • Adam Smith (GWCT): Grouse moors and their management: an introduction
  • Ben Ross (SNH): Current regulatory system governing grouse moor management
  • Des Thompson (SNH): Raptor persecution and driven grouse moors

[Photo of satellite-tagged golden eagle Fearnan, found illegally poisoned on a driven grouse moor in the Angus Glens. Image by RSPB Scotland]

SNH issues licence for mass raven cull in 5-year ‘experiment’

To the utter disbelief of conservationists, statutory conservation agency Scottish Natural Heritage (SNH) has issued a licence authorising the mass killing of ravens in a large area of Perthshire (an area identified as a wildlife crime hotspot where six satellite-tagged eagles have suspiciously disappeared in recent years), as part of a proposed five-year experiment, on the basis of ‘seeing what happens’ to wader populations when ravens are removed.

The licence has been issued to a consortium calling itself the Strathbraan Community Collaboration for Waders (SCCW) which, according to the licence application, ‘represents some of the local land management (farmers, gamekeepers) and private interests in the area who value wading birds for their biodiversity, social and economic value to the area and to Scotland more widely. The application is supported by the Scottish Gamekeepers Association and technical advice and support, notably data gathering and interpretation, is being provided by the Game & Wildlife Conservation Trust (GWCT)‘.

The following has been written by a group of Scottish Raptor Study Group (SRSG) members as a guest blog:

STRATHBRAAN RAVEN LICENCE

The news about the missing white tailed sea eagle disappearing in Glen Quaich on Tuesday 17th April could sadly not have been more timely as Scottish Natural Heritage, (SNH), have issued a licence to several estates in the Strathbraan area in Perthshire, including Glen Quaich Estate, for the killing of 300 ravens in a large scale trial over five years to see if wader productivity and populations can be improved by removing raven predation.

The manner in which the government’s statutory nature conservation agency have conducted themselves has come as a shock and there is grave concern about the mis-application of science, the lack of consultation with key stakeholders, such as the RSPB and SRSG, their choice of estate partners and the lack of transparency, trust and honesty, and even seasoned SNH watchers are aghast.

We have raised our concerns and are unhappy with the response so far and have resorted to writing this blog to make the matters public. Following the “suspicious” disappearance of the white tailed sea eagle and the fact the police are describing this as ‘an illegal act’ we call upon SNH to conduct a review and if the circumstances fulfil what we consider to be the established criteria set out in SNH’s own report then we expect the licence to be withdrawn.

Our concerns focus on three areas, firstly the choice of partners:-

Firstly when selecting a trial area why would you choose an area dominated by driven grouse shooting with a history of illegal raptor persecution? What message does this send out to the many law-abiding estates? Is it that persecution will enable you to ‘cut a deal’ with the statutory nature conservation body? Cynics might suggest this is more about an opportunity to kill ravens in an attempt to protect red grouse stocks and it could also be argued that a licence has been issued to kill one species of bird to enable another bird to be shot for fun.

[Map of proposed cull area in north Perthshire, from the licence application, running from Loch Tay in the west to the A9 in the east]:

Raptor workers over the years have been monitoring the area and can speak with authority on raptor persecution. The Scottish Government’s review of satellite-tagged golden eagles showed that four of these birds have disappeared suspiciously in this area, with a satellite-tagged red kite also disappearing in 2010. In all cases, the tags can be classed as “stopped – no malfunction” as used in the review – ie. highly suspicious.

[Map of north Perthshire showing the last known fixes of five satellite-tagged golden eagles that disappeared in suspicious circumstances. Sea Eagle Blue X also disappeared in Glen Quaich last month]:

In addition, a radio-tagged white-tailed eagle was tracked to this area, but disappeared in January 2012, while a further satellite-tagged white-tailed eagle recently similarly disappeared in Glen Quaich. An illegal clam trap was found in November 2012, while a buzzard was spring-trapped in January 2012. A red kite was found poisoned in January 2015. A raven was poisoned in 2017. In addition, licenced raptor study group members have noted a number of cases of suspicious failure of nesting attempts by hen harrier, red kite and buzzard across the area. They have also recorded a higher than usual turnover of red kites and a loss of breeding pairs at nearby sites. All of which indicates on-going illegal persecution.

Even bearing in mind these detected incidents represent an unknown proportion of actual persecution taking place, this is an area where land management practices have displayed a proven criminal intolerance to protected species, stretching back for many years. All this has been in the public domain so why did SNH press on knowing that their partners in this initiative have such a dubious record, and what level of confidence can we have in their honesty and integrity?

Secondly, science and key questions that remain unanswered:-

  • What monitoring is in place to assess that this cull will not affect the raven population status?
  • How will SNH be able to differentiate from other factors affecting the decline of waders such as other predatory pressures, the loss of suitable habitat and changes in agricultural practices?
  • What criteria will be used to differentiate between breeding and non-breeding birds? This year we have noticed that the breeding season is later than usual.
  • What allowance has been made for the immigration of immature flocks into the proposed licence area?
  • Why has the licensing decision been taken in the absence of the raven population modelling report, as it was commissioned with the sole, or at least the main, purpose of underpinning raven licensing decisions with sounder background information?
  • What is the nature and extent of the independent scrutiny that has been carried out?
  • If any raven roosts are located during the period of the licence, can we be assured that any Schedule 1 non-breeding species and other protected species (possibly also using the same roosts) will not be disturbed?
  • What safe guards are in place to ensure the numbers killed will remain within that permitted?

Thirdly, the lack of engagement

SNH are always keen to trumpet words such as ‘trust’, ‘building relationships’, ‘shared objectives’ ‘working collaboratively’ but we have seen none of this.

  • There has been no communication with SRSG workers who have been active in the proposed licence area and have many years of breeding data on ravens and raptors.
  • We understand that not all landowners/managers within the area of licence have been contacted about this licence, contrary to reassurances provided.
  • This proposed application was developed outside the much lauded ‘Working for Waders’ initiative and we only became aware of this by accident; hardly working together or building trust!
  • Under the Scottish Raptor Monitoring Scheme raven data are submitted to SNH (who is a key partner), yet it seems this information was not included in the licence considerations, (we know this as under the permission sharing protocols raptors workers who collected the information in the first place would have had to have been consulted).

We are deeply suspicious that the lack of engagement was deliberate as SNH knew their proposal was weak and would not stand up to the rigour of an independent scientific review.

We again call upon SNH to withdraw the licence.

ENDS

It’s well known that SNH issues a number of licences every year to cull ravens where they are considered a ‘serious threat’ to livestock (e.g. see here, here) but these are apparently for a limited cull, not related to game management and supposedly based on sound scientific evidence of a perceived local problem.

It’s also well known that gamekeepers have long wanted ravens to be added to the General Licence (e.g. see here, here) because they are seen as a perceived threat to grouse stocks.

It’s also well known that ravens are routinely demonised in the press, including this outrageous piece published by the BBC (see here, and well worth a read to understand the hysteria whipped up around this protected species).

However, this latest licence authorising a multi-year mass culling of ravens over a large area for spurious reasons (and apparently very little, if any, scientific justification) is unprecedented. That it also happens to be a well-known raptor persecution hotspot just adds to the lunancy of this situation.

If you share the concerns of the SRSG members, please consider sending an email to Mike Cantlay, SNH Chair, calling on him to withdraw the licence with immediate effect. Emails to: chair@snh.gov.uk

UPDATE 14.20hrs: Thanks to the blog reader who brought this article to our attention, reporting on the results of a scientific study that dispels many of the myths associated with ravens and wader population declines. And here is the scientific peer-reviewed paper by Amar et al that specifically warns against making predator control licensing decisions without a thorough evaluation of the evidence.

UPDATE 21 April 2018: A quote from SNH Head of Wildlife, Robbie Kernahan:

“We understand the concerns over wildlife crime in Strathbraan, but we are also clear that the granting of this licence is wholly unconnected to the issues concerned.

This licence is about a pressing and complex conservation issue. It  is a large-scale collaborative trial which will help improve our understanding of factors affecting key wader species, populations of which are declining at an alarming rate. We are satisfied this licence will not affect the population of ravens overall, and is over a five year period.

The licence places significant responsibility and expectations on all those involved – to be able to show that this approach can work and will help deliver what are essentially shared objectives.

Trust is a key element of this and this presents a great opportunity to develop that trust and relationships with all involved. If it becomes apparent that actions are not being carried out in accordance with the terms of any licence then we will have no hesitation in removing the licence“.

UPDATE 21 April 2018: A quote from RSPB Scotland Head of Species & Land Managament, Duncan Orr-Ewing:

“We are extremely concerned about the likely scale on impact of this research licence on the local raven population in the Strathbraan area of Perthshire. We are also very surprised that SNH have issued such a research licence  in the vicinity of Strathbraan, which has an appalling  and well documented track record of illegal persecution of raptors, noting also the very recent “suspicious” disappearance of a satellite tagged white-tailed eagle in this very same area.

We, together with local raptor workers who have been monitoring ravens in the area for decades, could have helped SNH with this background detail to the licence application if we had been consulted.

We will be seeking a high level meeting with SNH shortly to discuss. We will be pressing for the research licence to be revoked on the back of the white-tailed eagle incident, and instead consideration given by SNH to removing the use of the Open General Licence in this area, as is within their powers“.

UPDATE 22 April 2018: Raven cull update and what you can do to help (here)

UPDATE 23 April 2018: Article published in The National (here)

UPDATE 23 April 2018: Article published in The Herald (here)

UPDATE 23 April 2018: RSPB Scotland blog in response to raven cull licence (here)

UPDATE 25 April 2018: OneKind blog in response to raven cull licence (here)

UPDATE 25 April 2018: Chris Packham’s response to raven cull licence (here)

UPDATE 26 April 2018: Is the raven cull licence still active whilst SNH review takes place? (here)

UPDATE 26 April 2018: SNH refuses to say whether raven cull licence has been suspended (here)

UPDATE 27 April 2018: Green MSPs seek urgent meeting with SNH re: raven cull licence (here)

UPDATE 27 April 2018: ‘No justification’ for raven cull licence, says RSPB Scotland Director (here)

UDATE 28 April 2018: Raven cull licence: SGA evasive on benefits to grouse moors (here)

UPDATE 1 May 2018: Strathbraan Community Collaboration for Waders: who’s involved? (here)

UPDATE 4 May 2018: Raven cull: next steps to take as SNH blunders on (here)

UPDATE 7 May 2018: “Let’s have more trials [culls] whether it’s about ravens or other things” says SNH (here)

UPDATE 8 May 2018: Parliamentary questions lodged on raven cull licence (here)

UPDATE 9 May 2018: Alison Johnstone MSP lodges Parliamentary motion on raven cull licence (here)

UPDATE 12 May 2018: Raven cull: please ask your MSP to support this Parliamentary motion (here)

UPDATE 23 May 2018: Raven cull update: scientific advisory committee not being asked to repeal licence (here)

UPDATE 23 May 2018: Raven cull: Parliamentary questions and answers (here)

UPDATE 20 May 2018: Raven cull: latest update (here)

UPDATE 5 June 2018: Legal challenge to raven cull licence: your help needed! (here)

UPDATE 6 June 2018: Raven cull: legal challenge crowdfunder smashes £10k target on day one! (here)

UPDATE 19 June 2018: Raven cull: a few updates (here)

UPDATE 20 June 2018: #Justice4Ravens fundraising merchandise now available (here)

UPDATE 22 June 2018: Preston man receives warning for raven cull death threat (here)

UPDATE 1 July 2018: Last push on #Justice4Ravens crowdfunder (here)

UPDATE 1 July 2018: #Justice4Ravens crowdfunder target smashed! (here)

UPDATE 5 July 2018: #Justice4Ravens: application lodged for judicial review (here)

UPDATE 23 July 2018: Surprise! Gamekeeper in raven cull area declares cull a success (here)

UPDATE 30 July 2018: Raven cull licence: scientific rigour ‘completely inadequate’ says SNH’s scientific advisory committee (here)

UPDATE 30 July 2018: Voluntary suspension of raven cull is meaningless greenwash (here)

UPDATE 7 August 2018: #Justice4Ravens: judicial review update (here)

UPDATE 20 August 2018: Raven cull: application for judicial review withdrawn, for now (here)

UPDATE 30 April 2019: SNH reluctant to discuss licensed raven cull in Strathbraan this year (here)

UPDATE 2 May 2019: SNH rejects 2019 licence application for Strathbraan raven cull (here)

UPDATE 30 May 2019: Scottish Gamekeepers Association’s pity party in response to failed Strathbraan raven cull bid (here)

UPDATE 10 November 2022: Ravens illegally shot on two Strathbraan grouse moors (here)

Dead red kite in south Scotland now confirmed poisoned

Further to yesterday evening’s blog about a dead red kite found in south Scotland in January that “may” have been poisoned (see here), the BBC news article has now been updated (6/4/18) to confirm this bird was definitely poisoned:

POLICE APPEAL AFTER PROTECTED BIRD OF PREY POISONED

Police investigating the death of a protected bird of prey have said it was poisoned.

The body of the red kite was found by a member of the public in the Durham Hill Lane area of Kirkpatrick Durham in Castle Douglas on 20 January.

An investigation has been launched and officers involved in it have appealed for information.

[Red kite photo from Scottish Raptor Study Group]

PC Alan Steel, a specialist wildlife crime officer, said the illegal use of poison can be deadly for wild birds.

He said: “Due to the inherent scavenging nature of red kites, they are particularly vulnerable to the illegal use of poisonous bait.

Red kites are legally protected and Police Scotland works closely with partner agencies, including the Scottish Agricultural College (SAC), Science and Advice for Scottish Agriculture (SASA) and the Royal Society for the Protection of Birds (RSPB) to ensure that those responsible are brought to justice.”

RSPB Scotland’s head of investigations said illegal poison use can also harm pets and people.

“Numbers of detected cases of illegal poisoning of our birds of prey have, thankfully, been very low in recent years, so this case is of serious concern,” Ian Thomson added.

The Galloway Red Kite trail, just a few miles from where this bird was killed, is a popular tourist attraction and of great benefit to the local economy.”

ENDS

Red kite suspected poisoned in south Scotland

From BBC News (5/4/18):

Police investigating the death of a protected bird of prey have said it may have been poisoned.

The body of the red kite was found by a member of the public in the Durham Hill Lane area of Kirkpatrick Durham in Castle Douglas on 20 January.

An investigation has been launched and officers involved in it have appealed for information.

[Red kite photo from Scottish Raptor Study Group website]

PC Alan Steel, a specialist wildlife crime officer, said the illegal use of poison can be deadly for wild birds.

He said: “Due to the inherent scavenging nature of red kites, they are particularly vulnerable to the illegal use of poisonous bait.

Red kites are legally protected and Police Scotland works closely with partner agencies, including the Scottish Agricultural College (SAC), Science and Advice for Scottish Agriculture (SASA) and the Royal Society for the Protection of Birds (RSPB) to ensure that those responsible are brought to justice.”

RSPB Scotland’s head of investigations said illegal poison use can also harm pets and people.

“Numbers of detected cases of illegal poisoning of our birds of prey have, thankfully, been very low in recent years, so this case is of serious concern,” Ian Thomson added.

The Galloway Red Kite trail, just a few miles from where this bird was killed, is a popular tourist attraction and of great benefit to the local economy.”

ENDS

It’s a bit of a strange article, presumably based on a police press release, although we couldn’t find anything on the Police Scotland website.

It’s strange in that it says the kite “may” have been poisoned. Surely, if it was picked up on 20 January, two and half months ago, the toxicology tests will have been done and the results known?

And if poisoning was suspected, why has it taken two and a half months for this news to come out?U

UPDATE 6 April 2018: Red kite now confirmed poisoned (here)

Peregrine confirmed poisoned in North Wales

From North Wales Police Rural Crime Team:

Police warning as dog dies from banned pesticide at Muir of Ord, Ross-shire

From North Star News, 16 March 2018:

WALKERS WARNED BY POLICE AFTER DEATH OF A DOG IN MUIR OF ORD AREA

THE death of a dog has prompted a police probe and sparked a warning to members of the public to avoid walking in an area of Muir of Ord.

Police said this afternoon that acting on information received following the death of a local dog, searches were carried out in the vicinity of Faebait Farm near Muir of Ord yesterday.

A statement released today said: “Following consultation with the Scottish Government Rural Payments Directorate, Police Scotland is requesting that dog walkers and members of the public do not enter the fields in the area of Faebait Farm or the immediate vicinity until further notice.”

Inspector Mike Middlehurst said: “This is a precautionary request until the investigation is complete.

Traces of a banned pesticide has been detected in the area and we do not wish a member of the public, another dog or any other animal to become unwell where it can be avoided.

I can confirm that the dog that died belonged to the owners of Faebait Farm.

They are co-operating fully with the investigation and support this request to other members of the public and dog owners.”

Police have asked that anybody who has information about banned pesticide possession or misuse should contact Police Scotland immediately on 101 or pass on information anonymously via Crimestoppers on 0800 555 111.

ENDS

So far, the police have not revealed the name of the banned pesticide(s) involved. It has to be one of eight active ingredients banned by the Possession of Pesticides (Scotland) Order 2005:

Aldicarb, Alphachloralose, Aluminium Phosphide, Bendiocarb, Carbofuran, Mevinphos, Sodium Cynaide, Strychnine.

Four years ago, almost to the day, 22 birds of prey (16 red kites and 6 buzzards) were found dead in a small area of Ross-shire close to Conon Bridge. Toxicology tests revealed poisoning by the banned pesticides Aldicarb, Carbofuran and Carbosulfan. The case became known as the Ross-shire Massacre, for which nobody was ever prosecuted.

The Muir of Ord lies 3.5 miles to the south of Conon Bridge.

Stody Estate exonerated after gamekeeper’s conviction for mass raptor poisoning

Regular blog readers will remember the mass poisoning of birds of prey on the Stody Estate, Norfolk in 2013.

In October 2014, Stody Estate gamekeeper Allen Lambert was convicted of a series of wildlife crime offences on the estate, including the mass poisoning of birds of prey (10 buzzards and one sparrowhawk) which had been found dead on the estate in April 2013. He was also convicted of storing banned pesticides and other items capable of preparing poisoned baits (a ‘poisoner’s kit’) and a firearms offence (see here and here).

Photo of nine of the buzzards poisoned by gamekeeper Lambert [photo: RSPB]

In our opinion, gamekeeper Lambert got off pretty lightly when he was sentenced in November 2014. Even though the judge acknowledged that Lambert’s crimes had passed the custody threshold, Lambert received a 10-week suspended sentence for poisoning 11 raptors (suspended for one year), a six-week suspended sentence for possession of firearms and dead buzzards (suspended for one year) and was ordered to pay £930 prosecution costs and an £80 victim surcharge. In our opinion (see here), this was absurdly lenient for one of England’s biggest known mass raptor poisoning incidents, and on top of that, Lambert wasn’t even sacked – it was reported that he’d been allowed to take early retirement from the Stody Estate.

However, even though Lambert appeared to have got off lightly, his employers at Stody Estate were hit with a massive financial penalty (through cross-compliance regulations), believed to be the biggest ever civil penalty imposed for raptor persecution crimes.

Today though, the High Court has ruled that Lambert’s actions were “not directly attributable” to Stody Estate or its senior management and the subsidy penalty has been quashed!

In other words, the employer (Stody Estate) cannot be held accountable for the criminal actions of its employee (Allan Lambert). That’s quite astonishing, although it’s difficult to comment in detail without knowing the finer details of Lambert’s employment contract with Stody Estate. [UPDATE 7th March – full written judgement now available at foot of this blog post]

It does seem like yet another example of the need to introduce vicarious liability legislation for specific offences against birds of prey in England, as has been done in Scotland.

Stody Estate photo by RPUK

The following article has been published in the EDP:

A farm company was wrongly penalised after a gamekeeper poisoned wild birds of prey to preserve game birds for shooting, the High Court has ruled.

Allen Lambert poisoned 10 buzzards and a sparrowhawk which he saw as a threat to 2,500 pheasants and partridges laid down for a 10-day “family shoot”.

The gamekeeper on the 4,200-acre Stody Estate in north Norfolk was convicted of an offence under the Wildlife Conservation Act 1981 in October 2014.

And, in January last year, then Environment Secretary, Andrea Leadsom, stripped Stody Estate Ltd of 55pc of its farm subsidy for that year.

Overturning the penalty today, a senior judge noted that there had been “no finding of fault” against the company, based in Melton Constable, or its senior management.

The mere fact of Mr Lambert’s conviction did not prove that poisoning the birds was “directly attributable” to his employer, said Mrs Justice May.

“Some further enquiry directed at the level of fault, if any, on the part of Stody Estate in connection with Mr Lambert’s actions was required,” she added.

“In the absence of any finding of fault there was no proper basis for the imposition of a penalty.”

The Stody Estate, which has 15 employees, has been farmed by the MacNicol family for 75 years and Charles MacNicol is its managing director.

Estate manager, Ross Haddow, has day to day management of the farm and Mr Lambert had been a gamekeeper since 1990, living in a tied cottage.

The Rural Payments Agency, which administers the single farm payment subsidy scheme, at first said the company should lose 75pc of its subsidy.

That was reduced to 20pc by the Independent Agricultural Appeals Panel, but the penalty was upped again, to 55pc, by Ms Leadsom last year.

Stody Estate Ltd and its management were “exonerated” from any involvement in poisoning birds, the court heard.

But Ms Leadsom concluded that “the intentional acts of Mr Lambert, acting within the scope of his employment, were to be treated as those of the farmer, being Stody Estate.”

The issue was of such importance to the farming industry that the National Farmers Union intervened in the case, arguing that the penalty could only lawfully have been imposed if Charles MacNicol, or possibly Mr Haddow, had poisoned the birds.

Mrs Justice May said that that was going too far, but nevertheless ruled that Mr Lambert’s actions could not be “directly attributed” to Stody Estate or its management. The penalty was quashed.

ENDS

UPDATE 7 March 2018: The written judgement can be read HERE (with thanks to @borobarrister)

Compare & contrast: two cases of the illegal storage of poisons

Well this is fascinating.

In December 2017, a pest control company and one of its directors was sentenced for the illegal storage of poisons, following an HSE investigation in to the alleged secondary poisoning of a tawny owl (by rodenticide).

During the investigation, a number of poisons not authorised for use were found improperly stored at the premises. In addition, part used canisters of Phostoxin (a compound that reacts with moisture in the atmosphere or the soil to produce phosphine, a poisonous gas, used to control rabbits within their burrows) were found stored inside a filing cabinet within the workplace.

Rodent Service (East Anglia) Limited of Cooke Road, Lowestoft, Suffolk pleaded guilty to breaching Sections 2 (1) and 3 (1) of the Health and Safety at Work etc. Act 1974. The company has been fined £100,000 and ordered to pay costs of £10,000. The company was also ordered to pay a victim surcharge of £170.

Donald Eric Martin, Director of Rodent Service (East Anglia) Limited also pleaded guilty of an offence of neglect by virtue of S37 of the Health and Safety at Work etc. Act 1974. He was sentenced to a six months in prison, suspended for 12 months, and ordered to pay costs of £1000 and a victim surcharge of £115.00.

Details of this case can be found on the HSE website here (thanks to one of our blog readers, Mick, for drawing this to our attention).

Now, compare the outcome of this case with that of the recent case involving the discovery of an illegal poisons cache found buried in a hole in woodland on Hurst Moor, a grouse moor on the East Arkengarth Estate in North Yorkshire.

In the East Arkengarth Estate case, the RSPB had discovered a number of poisons, including Cymag (another fumigant with similar properties to Phostoxin), Bendiocarb and Alphachloralose and had identified a gamekeeper who was filmed visiting the cache. However, the Crown Prosecution Service refused to prosecute due to ‘procedural concerns’ but North Yorkshire Police, quite reasonably, considered the gamekeeper unfit to be in charge of firearms and removed his firearms certificates.

The gamekeeper appealed this decision (with the help of the BASC Chairman as his defence lawyer!) and the court held that although it was accepted he had stored dangerous poisons at an unauthorised location, removing his firearms certificates was deemed ‘disproportionate’ and they were duly reinstated.

Although there are differences between these two cases, there is one very clear parallel. Both cases involved professional pesticide users who should have completed COSHH risk assessments and training and thus known there are very strict rules and regulations about the storage and use of these inherently dangerous chemicals.

In one case, not connected with the grouse shooting industry, the company (and its Director) was absolutely thrashed by the court for such serious offences.

In the other case, directly linked to the grouse shooting industry, there was no prosecution, the gamekeeper was considered fit to be entrusted with a firearm, and there was no subsidy withdrawal for the estate as the poisons cache was found in a small plantation, not on agricultural land (see here).

In other words, there were no penalties or consequences whatsoever for the East Arkengarthdale Estate and its employee.

Amazing, eh?

South Scotland golden eagle project gets final go-ahead

The South Scotland Golden Eagle Project, which proposes to translocate eaglets from the Highlands to southern Scotland in an effort to boost the tiny remnant population in the Borders & Dumfries & Galloway, has finally been given the funds and licence to begin.

Earlier this year the project was awarded £1.3 million from the Heritage Lottery Fund (see here) and has now received match funding of £158,024 from local LEADER programmes. SNH has also now granted the licence required to move the eagles, fit them with satellite tags and release them in the Moffat Hills.

[Photo of a young satellite-tagged golden eagle, by Ruth Tingay]

This additional funding has triggered the recruitment of four new project staff – an eagle officer, two community engagement officers, and one stakeholder engagement officer. Details of these positions and how to apply can be found on the Project website here (scroll to the bottom of the homepage). Closing date is 12 January 2018.

As an aside, can we just congratulate the Project team on their website – full of information & official reports, keeping the public informed about the proposed Project. Take note, Natural England!

A press release (unfortunately with far too many naff metaphors) from the Project has been picked up by various media outlets (e.g. BBC News here, Scotsman here) although the Guardian has taken a different angle and focuses on the threat these birds might face if they fly south of the border in to northern England (here).

We’ve blogged about this Project before (see here, here) and have mixed feelings. Unsurprisingly our biggest concern is the on-going threat of illegal persecution, both north and south of the border. To date, nobody has EVER been successfully prosecuted for the illegal killing of golden eagles, despite plenty of opportunities (e.g. see here and here).

Dr Cat Barlow, the South Scotland Golden Eagle Project Manager, has been questioned about the threat of illegal persecution at several conferences where she has delivered an otherwise strong presentation about the Project. On each occasion she has acknowledged the threat and has recognised that not all estates in southern Scotland are supportive of this translocation. She recently told a conference in Edinburgh that she “will be talking to the estates not yet on board“.

It’s going to take more than a chat to stop these deranged raptor killers in their tracks.

[Photo of an adult golden eagle found shot & critically injured on a grouse moor in south Scotland in 2012. He didn’t make it]