Tag: poisoning

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]

Grouse shooting industry response to police appeals re: missing hen harriers

Earlier this week North Yorkshire Police put out a public appeal for information regarding satellite-tagged hen harrier ‘John’, missing in suspicious circumstances and whose last known location was Threshfield Moor, a grouse moor in the Yorkshire Dales National Park.

We also saw a public appeal for information from Northumbria Police and the RSPB regarding satellite-tagged hen harrier ‘Manu’, also missing in suspicious circumstances and whose last known location was Blenkinsopp Common in the North Pennines.

We’ve just looked at the News sections of several organisations websites, all of whom are partners in the Raptor Persecution Priority Delivery Group (RPPDG: whose remit includes ‘providing publicity about raptor persecution to build trust and transparency’). Here’s what we found:

Moorland Association – NOTHING

National Gamekeepers Organisation – NOTHING

Countryside Alliance – NOTHING

British Association for Shooting & Conservation – NOTHING

No statements, no urging their members to come forward with any information they might have, no appeals to the public, not even a cut & paste job of the police appeals for information. Absolutely nothing.

It’s the same deafening silence we heard in August when North Yorkshire Police appealed for information about the attempted shooting of nesting marsh harriers and the theft of their eggs on a grouse moor in the Nidderdale AONB, and the same deafening silence that followed the news of a poisons cache buried on another North Yorkshire grouse moor (see here).

Their silence tells us all we need to know.

Scottish Government announces Grouse moor management review group

Back in May 2017, Cabinet Secretary Roseanna Cunningham announced an intention to set up an independently-led group to review grouse moor management practices, and to advise on the introduction of an estate shoot licensing scheme. This was mainly in response to the publication of the Golden Eagle Satellite Tag Review, which found that almost one third of sat-tagged golden eagles had disappeared in highly suspicious circsumstances on intensively managed driven-grouse moors. But make no mistake, this was also in response to increased public pressure from the SRSG’s petition calling for game shoot licensing and also in response to increasing public anger about the continuing illegal persecution of birds of prey on driven grouse moors.

[Photo: Conservationist Roy Dennis with dead golden eagle ‘Alma’ – one of Roy’s first satellite-tagged eagles that was found illegally poisoned on an Angus Glens grouse moor]

Finally, almost six months after that first announcement, the Scottish Government has just released the news about who will serve on this review group.

Here’s the Scottish Government press statement:

New group to focus on sustainability of driven-grouse moors.

Membership of an independent group to ensure grouse moor management practices are sustainable and legally compliant has been confirmed.

The new group will be led by Professor Alan Werrity, who previously chaired a Scottish Natural Heritage review into sustainable moorland management. It includes scientists, moorland managers, regulatory experts and advisers from SNH, Scottish Wildlife Trust, the Game and Wildlife Conservation Trust and the Scottish Environmental Protection Agency.

The group has been set up in response to SNH research that found almost a third of golden eagles being tracked by satellite died in suspicious circumstances and that the majority of cases were where land is intensively managed for driven grouse shooting.

The group will look at the environmental impact of grouse moor management practices such as muirburn, the use of medicated grit and mountain hare culls and advise on the option of licensing grouse shooting businesses.

Environment Secretary Roseanna Cunningham said:

“We have been clear that the continued killing of protected species of birds of prey damages the reputation of law-abiding gamekeepers, landowners and the country as a whole.

This new group will look at what we can do to balance our commitment to tackling wildlife crime with grouse moor management practices, so it continues to contribute to our rural economy, while being sustainable and compliant with the law.

The group membership reflects the complex nature and wide range of issues that need to be considered and I look forward to hearing their advice in due course.”

Professor Werrity said:

“This is truly challenging work given the traditions underlying moorland management and the concerns coming to light over some mal-practices.

My earlier work chairing the SNH Moorland review also sought to reconcile nature conservation interests with promoting the rural economy. I will be taking an evidence-based approach, and for this we have the right mixture of experience, expertise and knowledge on the group to get to grips with the subject. I look forward to getting started on this review. ”

Background

Read the Golden Eagle Satellite Tag Review

The confirmed membership of the group includes Professor Alan Werrity FRSE, Professor Ian Newton OBE, FRS, FRSE, Professor Alison Hester FSB, (Professor Colin Reid FRSA – see update below) and moorland managers Alexander Jameson BLE MRICS FAAV and Mark Oddy MRICS CEnV MIAagrM.

[Update 28 Nov 2017: Law professor joins grouse moor management review group, here ]

Dr Calum Macdonald (SEPA), Professor Des Thompson (SNH), Dr Adam Smith (GWCT Scotland) and Susan Davies (SWT) will be specialist advisers to the group.

ENDS

Here is the response from RSPB Scotland to today’s announcement:

RSPB Scotland welcomes announcement of grouse moor enquiry

RSPB Scotland has welcomed today’s announcement by the Scottish Government on the grouse moor enquiry panel. Duncan Orr-Ewing, Head of Species and Land Management for RSPB Scotland said: “We very much welcome the announcement of this enquiry and of the independent panel. We look forward to giving evidence to the panel in due course.

The remit of the panel includes consideration as to how grouse moors can be managed sustainably and within the law. There are significant public concerns about how grouse moors are currently being managed in Scotland, including clear evidence gathered over decades of the illegal killing of birds of prey.

In recent years these concerns have broadened to encompass wider grouse moor management practices, as commercialisation has taken place, with an emphasis on producing very large and unsustainable grouse numbers for sport shooting. These practices include muirburn on peatland habitats which are important as carbon stores for combating climate change, the culling of mountain hares and the medication of ‘wild’ red grouse, both designed to prevent grouse diseases and artificially boost grouse bags.

We support the introduction of an effective licensing system for driven grouse shooting, with sanctions including the removal of such licences where illegal practices are confirmed. A licensing system could be supported by a statutory Code of Practice setting out clear management standards to protect public interests and prevent bad management practices. These kind of licensing systems are common place in other European countries and equally support legitimate and well run shooting enterprises.”

ENDS

[Photo: the typical landscape of an intensively-managed driven grouse moor in Scotland. Photo by Ruth Tingay]

Here is the response from the Scottish Raptor Study Group to today’s announcement:

Scottish Raptor Study Group warmly welcomes today’s announcement by the Scottish Government on the grouse moor enquiry panel.

Patrick Stirling Aird, Secretary of the Scottish Raptor Study Group said, “We are delighted that the membership of the panel has been announced and look forward to providing evidence when called upon to do so“.

The public have increasing concerns around the way in which grouse moors are being operated with a substantial body of science proving beyond all doubt the widespread and illegal persecution of birds of prey on many such moors.

We support the introduction of licensing for driven grouse shooting with enforceable sanctions where illegal practices are confirmed. Such a licensing scheme could incorporate a statutory code of practice which helps to protect the public interest and to prevent bad management practices. This concept is widespread in Europe and elsewhere and works well with legitimate shooting interests.

ENDS

Here are our first thoughts.

Hallelujah! The panel has finally been announced and presumably its work will now get underway, although notice there is no mention of timescales in the Scottish Government’s statement. That’s not too much of a concern right now – as Roseanna mentions, this work will be complex and it’s in everyone’s interests that it is done thoroughly, so we probably shouldn’t expect any output until at least 2019.

This panel has some serious intellectual heavy weights (Chair, Professor Werrity, and panel members Professors Newton and Hester). All three are at the top of their respective fields and have been for years; their academic achievements and scientific authority are undisputed. We are delighted to see these three involved, especially given Professor Werrity’s intention for having an “evidence-based approach” to the review. Excellent.

The other two panel members (Mr Jameson and Mr Oddy) are a bit of a surprise, to be honest. We didn’t expect to see anybody with such obvious vested interests be part of what had been described as an independently-led review group. Nevertheless, there is probably good reason for having them on board, not least to get buy-in to the review from the game-shooting sector. We know very little about Mr Jameson and only a little bit about Mr Oddy – he’s the chap who, when working for Buccleuch Estates on the Langholm Moor Demonstration Project, suggested that lethal control of buzzards should be a considered option…..but his suggestion was based on no scientific evidence whatsoever, in fact it was the exact opposite of what the science was showing. Hmm.

All in all, just like RSPB Scotland and the Scottish Raptor Study Group, we very much welcome today’s announcement. It is the next step on the road to what many see as the inevitable introduction of an estate licensing scheme in Scotland. We look forward to giving evidence, if invited to do so.

UPDATE 28 November 2017: Law professor joins grouse moor management review group (here)

UPDATE 24 April 2018: Grouse Moor Management Review Group: 1st meeting report (here)

New report reveals widespread raptor persecution in Northern Ireland

The Partnership for Action against Wildlife Crime Northern Ireland (PAW NI) has today published its latest report on bird of prey persecution 2015-2016.

The report reveals that there were five confirmed illegal persecution incidents reported in 2015 and a further six in 2016, involving the killing of 12 protected birds of prey in Northern Ireland (6 x buzzards, 5 x peregrines, 1 x sparrowhawk). As with every other annual raptor persecution report these figures are probably just the tip of the iceberg.

The report’s lead author, Dr Eimear Rooney (Raptor Officer for the Northern Ireland Raptor Study Group) commented: “This latest persecution report helps us all to understand the scale and distribution of the problem. It is particularly shocking to see new areas appear on the hot-spot maps, showing the issue of raptor persecution to be widespread. It is heart-breaking to think of the deaths of these protected birds but it is particularly shocking to see the continued usage of highly toxic Carbofuran. The PAW NI group will continue to take action to tackle raptor persecution and it is encouraging to see all the partners proactively working together on this report.”

Hotspot map of confirmed incidents of raptor persecution, and poisoned baits & wildlife, reported in Northern Ireland from January 2009-December 2016.

Download the PAW NI report here

Read the PAW NI press release here

On the subject of illegal raptor persecution in Northern Ireland, a 13-year old boy named Dara MacAnulty is doing a 45km sponsored trek in January 2018 to help raise funds for a new raptor satellite-tagging project in Northern Ireland.

Dara is a pretty special young man, passionate about the environment, especially raptors, and he has an exceptional talent for expressing his thoughts – have a read of his blog and you’ll be constantly questioning how a thirteen year old can possibly write so well!

Dara’s fundraising project is off to a good start but he needs more support. If you’ve got a few quid to spare, please consider supporting his efforts HERE. Thanks.

Poisoning of reintroduced red kites in England: new paper

A new scientific paper has just been published that suggests anti-coagulant rodenticide poisoning, illegal pesticide poisoning, and lead poisoning ‘may be slowing the recovery of red kites in England’.

The paper, ‘Poisoning of reintroduced red kites (Milvus milvus) in England’ has been authored by scientists from the Institute of Zoology, Natural England, FERA Science Ltd and the NERC Centre for Ecology and Hydrology and was published online today in the European Journal of Wildlife Research.

The full paper can be accessed here

Photo of a poisoned red kite by Marc Ruddock

The research was undertaken on 162 red kites collected between 1989-2007, so these are pretty old data and the game-shooting apologists will undoubtedly claim that illegal persecution is no longer a problem, ten years on.

However, regular blog readers will be well aware of the long list of confirmed red kite persecution incidents (illegal poisoning and shooting) in England since 2007 (e.g. see here) which is restricting the kite’s population range in some parts of England, just as it is in some parts of Scotland (see here).

Illegal poisoning, coupled with secondary poisoning from anti-coagulant rodenticides and lead poisoning was a problem for the newly-reintroduced red kites and, along with illegal shooting and trapping, still remains a problem 28 years on.

Same shit, different decade.

Here’s the abstract from the new paper:

Chair of Nidderdale AONB condemns illegal raptor persecution

Don’t ever underestimate the power of public pressure.

You know that big solid wall of silence we’re all so used to looking at every time a raptor crime is discovered and reported? It looks like it’s finally beginning to crumble.

The latest to speak out, spontaneously (i.e. without prompting), about the continued illegal killing of birds of prey is the Chair of the Nidderdale Area of Outstanding Natural Beauty’s Joint Advisory Committee, Councillor Nigel Simms:

He’s obviously taken a lead from the spontaneous statement made by the neighbouring Yorkshire Dales National Park Authority yesterday.

The publication of this statement from the Nidderdale AONB is really, really welcome. The Nidderdale AONB in North Yorkshire is notorious as a raptor persecution hotspot and has been for many years. We’ve lost count of the number of red kites that never make it out of this particular hell hole, although the RSPB has been keeping track – 22 poisoned or shot in the last ten years, and that’s only the ones that were found.

Nidderdale red kite persecution incidents 2007-2017, map by RSPB:

Illegally-killed red kite (photo Marc Ruddock):

We also know that hen harriers rarely get out of Nidderdale alive – unfortunately we can’t show you a detailed map because Natural England wants to keep the details a secret. Natural England is supposed to protect hen harriers but it’s clearly more interested in protecting the reputations of criminal landowners and gamekeepers. Anyway, here’s a photo of an illegally-killed satellite-tagged hen harrier – something you might see if you visit Nidderdale AONB, assuming you get to it before the gamekeeper who shot it:

It’s interesting to see that these crimes are “starting to have a damaging effect on tourism businesses“, according to Cllr Simms. Good, not for the businesses affected, obviously, but good that it will drive increased local pressure to bring these crimes to an end.

Cllr Simms’ comment that illegal raptor persecution “undermines the work of law-abiding landowners and gamekeepers who are actively working alongside us to improve prospects for all forms of wildlife in the AONB” is slightly odd. Which law-abiding landowners and gamekeepers are those? Presumably not anyone involved with any of the aforementioned red kite killings or hen harrier disappearances, nor, presumably, anybody involved with the attempted shooting of a nesting marsh harrier and the removal of its eggs, as filmed on a Nidderdale AONB grouse moor by the RSPB earlier this year?

There’s much work to do in this AONB but this very public condemnation of illegal raptor persecution from the Chair of the AONB Advisory Committee is encouraging. Well done, Cllr Nigel Simms.

Now, who’s next to speak out and bring that wall of silence crashing down?

Evidence of wildlife crime results in General Licence restriction on Edradynate Estate

As many of you will know, SNH has the ability to impose a three-year General Licence restriction order on land, or on an individual, where there is sufficient evidence, substantiated by Police Scotland, that raptor persecution has taken place (see SNH framework here).

This measure, based on a civil burden of proof, was introduced by then Environment Minister Paul Wheelhouse in 2013 in response to the continuing difficulties of meeting a criminal burden of proof to facilitate a criminal prosecution. The measure became available for incidents that occured on or after 1 January 2014.

Photo of a poisoned buzzard (RPUK)

Since then, only two restriction orders have been imposed, both in November 2014: one for the Raeshaw/Corsehope Estates in the Scottish Borders, and one for the Burnfoot/Wester Cringate Estates in Stirlingshire (see here for details, and an explanation of what a General Licence restriction actually means).

As you’ll also probably be aware, Raeshaw Estate and Corsehope Estate made a legal challenge to SNH’s decision and this resulted in a judicial review. The judicial review dragged on for some time but eventually concluded in March this year, and the court found that SNH had acted fairly and that the General Licence restriction at Raeshaw Estate and Corsehope Estate should remain in place (see here).

While this legal challenge was underway, SNH, quite reasonably, did not impose any further General Licence restrictions, even though there were plenty of candidate estates to consider. Once the legal argument had been settled, we expected SNH to open the floodgates and impose many more restriction orders for offences that had taken place since January 2014. We asked SNH about this in June 2017 and we were told that two notifications were underway, relating to offences in Perthshire and Aberdeenshire, although no further details were given at that time, presumably as SNH was giving the affected parties time to respond/appeal. Fair enough.

Today, SNH has announced that two General Licence restriction orders have been imposed in two separate cases.

The first of those cases relates to Edradynate Estate in Perthshire: SNH_GL Restriction Notice_Edradynate Estate_15Sept2017

Here is the decision notice:

And here is the estate boundary map to which the General Licence restriction applies for the next three years:

For the next three years, Edradynate Estate will no longer be able to enjoy the privilege of using General Licences 1, 2 or 3, but the estate will be entitled to apply for the use of an Individual Licence that will allow them to kill certain bird species but under closer scrutiny than if the estate was using a General Licence. We’ll be monitoring the use of any Individual Licences that SNH approves for this estate, and, if there is any breach of the licence conditions, we fully expect SNH to revoke the Individual Licence just as they did for Raeshaw Estate earlier this year.

SNH has not provided any information about the Police Scotland evidence used as the basis for this General Licence restriction order on Edradynate Estate. However, it’s probably a fair assumption that it relates to the alleged poisoning of several buzzards in 2015. This is one of the five prosecution cases that the Crown Office dropped earlier this year, without explanation. The case did not involve video evidence, as some of the others did, and the case was dropped by the Crown despite a plea from Police Scotland to proceed (see here).

We’ve been blogging about Edradynate Estate for a very long time. It’s well worth reading an earlier summary we wrote (here) which includes some fascinating commentary about the estate by former RSPB Investigator Dave Dick, who claimed as far back as 2004 that the estate was “among the worst in Scotland for wildlife crime“, and commentary by former Police Wildlife Crime Officer Alan Stewart, who said in 2005, “Edraynate Estate has probably the worst record in Scotland for poisoning incidents, going back more than a decade“. The details involve a disturbingly high number of poisoned birds and poisoned baits that were found over the years, as well as a number of dropped prosecution cases (nobody has ever been convicted for any of the alleged offences). The summary also includes information about links between the estate and the Scottish Gamekeepers’ Association.

Now, whether you think a General Licence restriction order is a sufficient sanction against this estate is open to debate. However, while we wait for the Scottish Government to get on with estate licensing, a General Licence restriction order is all that is currently available, so well done to SNH for imposing the General Licence restriction order on this particular estate and for being semi-transparent about the details.

Unfortunately, we can’t say the same about the second General Licence restriction order that SNH has just imposed. We’ll be blogging about that one in the next blog…..it’s an absolute shocker.

Edradynate Estate (photo by RPUK)

UPDATES:

RSPB press statement here

SNH imposes General Licence restriction on ‘mystery’ gamekeeper (here)

More on the mystery gamekeeper with the General Licence restriction (here)

Police appeal in suspected peregrine poisoning incident

Press release from Devon & Cornwall Police, 18 August 2017:

POISONED PEREGRINE FALCON: WITNESS APPEAL

Officers are investigating an incident after being contacted by staff at Glendinning Quarry in Ashburton, on Tuesday 15 August, following reports of an injured Peregrine falcon.

The falcon had been located on the floor of the quarry which is home to a breeding pair of Peregrine falcons.

Devon and Cornwall Police Wildlife Crime Officer, PC Josh Marshall, sought that the juvenile Peregrine falcon was given the immediate care it required. However, the bird died the next day.

PC Marshall said: “The initial inspection and condition of the bird strongly suggests that this bird had been poisoned. The bird has now been placed into the Wildlife Investigation scheme administered by Natural England where it will be forensically examined to establish the cause of death and a police investigation has now begun into the incident.

Members of the public are warned that poisons commonly used to commit a crime like this are incredibly toxic to humans and pets. Should any person locate any dead or injured birds they are strongly advised not to touch them or let pets come into contact with them.

Ingestion of these poisons can lead to death. It is incredibly concerning that individuals are using these types of chemicals within public areas that not only kill our wildlife but could also place members of the public, children and their animals into harm’s way.

The area of Ashburton and neighbouring Buckfastleigh is unfortunately a hot spot for poisoning of these birds of prey. Previous incidents at the site are as follows:

2011 – 1 poisoned Peregrine falcon at White Cleaves (Buckfastleigh) Quarry – substance used – Aldicarb and Carbofuran.

2005 – Poisoned bait (racing pigeon) Glendinnings Quarry– substance used Aldicarb. A live bird with clipped wings. Adults missing presumed dead, chicks rescued. Police fitted telemetry device to see if pigeon would relocate but this failed. In Legal Eagle 47, page 5.

2005 – 1 poisoned peregrine and 1 poisoned bait (pigeon) – substance used – Aldicarb, peregrine found on dead pigeon which had wings clipped.

2003 – Two men with a pigeon on a length of string appearing to try and lure peregrines from the top of White Cleaves (Buckfastleigh) Quarry. Police visited site but men had gone.

2000 – 1 poisoned Peregrine, substance used Aldicarb at Glendinnings quarry

2000 – 1 shot Sparrowhawk near Buckfastleigh (it lived).

1992 – 2 dead peregrines at White Cleaves (Buckfastleigh), with pigeon flesh in crop – tested positive for Malathion.

“As can been seen from this data, the use of illegal banned poisons are evident and put the public at significant risk. In the 2005 incident, a number of children could have been harmed or potentially worse when the poisoned bait (a racing pigeon) was located wondering around near to a childminders address.

Significantly racing pigeons have been used as the bait for a number incidents both here and nationally and the answer to solving and preventing these poisonings could lie somewhere within a rogue minority of the racing pigeon community.

Peregrine falcons do not differentiate between prey items such as wild pigeons and racing pigeons, this obviously causes conflict with some prize racing pigeons being taken by these birds of prey.

Generally the method used will be to smear the bait with a vasaline type substance containing the poison onto either a live or dead bird. When the Peregrine plucks and eats the bait item the poison is then ingested and kills the bird. The bird dies then endures an excruciating few hours whilst waiting to die.

South West Peregrines, a volunteer group who monitor these birds and others within the South West, have described the incident as ‘abhorrent’.

We are urging members of the local community to come forward with any information they may have that can assist in bringing these offenders to justice”.

Information is handled in the strictest of confidence and can be passed directly to PC Marshall at Joshua.marshall2@devonandcornwall.pnn.police.uk or by email 101@dc.police.uk or calling 101 quoting log number 0223 180817.

Information can be passed anonymously to Crimestoppers via 0800 555111 or the charity’s website at www.crimestoppers-uk.org

Tony Whitehead speaking for RSPB in the South West said: “Peregrines are magnificent and much-loved birds, whose comeback over the past twenty years is a conservation success. However, once again, it appears the peregrines at this site have been deliberately targeted and, it is suspected, poisoned.

Should this prove to be the case, this is outrageous and the criminals must be brought to justice. We are also concerned that, should this again prove to be a poisoning, someone is wantonly placing toxic chemicals in the countryside which can be a danger to both humans and pets.

Someone in the local community must have information about who’s doing this and we urge people to come forward and contact the police. A £1,000 reward has been offered by the RSPB for information that directly leads to the prosecution of the offender.”

ENDS