Enough is enough

SOCThe latest edition of the Scottish Ornithologists’ Club journal, Scottish Birds, dropped through the letterbox the other day. It contains an interesting article from Ian Thomson, Head of Investigations at RSPB Scotland:

Raptor Persecution in Scotland: July 2014 update

The last article on the illegal killing of birds of prey in Scotland written for Scottish Birds (33:1) appeared at the beginning of 2013, a year designated “The Year of Natural Scotland” by the Scottish Government.

The year had dawned with some optimism. For the fourth consecutive year, we had seen detected cases of illegal poisoning decline, and although, again it is important to reiterate that these only represent what was actually found, the apparent reduction in these indiscriminate crimes was welcomed universally. In saying that, yet again, a Golden Eagle was one of the victims, with a satellite-tagged bird found dead in Lochaber in March. But, the year ended with the news that a young pair of White-tailed Eagles from the east Scotland re-introduction scheme had built a nest in an Angus glen, the first breeding attempt in the east of the country for a hundred years.

Within days of the New Year beginning, however, it was discovered that the tree had been deliberately felled, and the nest destroyed. Realism returned quickly. A police investigation was launched. The site was five miles from the nearest public vehicle access. The tree felled was the only one in the whole plantation. Full cooperation from the estate where the nest was felled was assured. Surely it would be easy to identify the culprit?

No. The police requests for information were met with “no comment” responses across the board, from all those employed in the area concerned. While the right to decline to answer questions is enshrined in Scots Law, few would agree that this amounts to “full cooperation”. But, with no suspect identified, that would ostensibly mean the end of the investigation.

Of course, this sad example was not the first time this has happened. Indeed, when it comes to the persecution of raptors, no-one ever seems prepared to say a word that may assist in the identification of the perpetrator.

In late May 2013, two members of the public witnessed the organised “hunt” of a pair of hen harriers that had just started nest-building on an Aberdeenshire estate. For almost three hours, two armed men stalked the protected raptors, guided to where they were perched or flying by a third man, communicating with those on the hill by radio. As darkness fell, four shots rang out, and the men were seen and heard celebrating the killing of the male harrier.

Of course, the killer did not leave the body lying around to be found, but at least there were the two other individuals he was with, fully aware that he had committed the crime. Again the police investigated; again, nobody was prepared to identify the criminal. Again, a raptor killer escaped justice.

This latest case was one of several, including the killing of another harrier, the poisoning of a red kite and shooting of another; and the shooting of four buzzards in other incidents, which led to the Scottish Government Minister for the Environment and Climate Change, Paul Wheelhouse MSP, to announce further measures to combat these crimes. This included a review of sentences given for convicted wildlife criminals, and instructing Scottish Natural Heritage to implement a means of restricting the use of General Licences (a legislative tool that allows an “authorised person” to kill certain species under specific circumstances eg. allows a gamekeeper to shoot a carrion crow, that would otherwise be protected).

It is perhaps ironic, that just a few weeks earlier, the SOC had been part of a delegation that met with the Minister to handover a petition, officially endorsed by the Club, that contained almost 23,000 names, collected in just over two weeks, calling on him to ensure that Buzzards continued to have full legal protection, and to resist calls made by some in the game-shooting sector to allow licences to control them.

Sadly, despite the Minister’s robust comments, this did not seem to deter those who seem intent on continuing to kill some of our rarest protected birds with further shootings of a red kite and several buzzards. But, on a positive note, a second pair of white-tailed eagles did manage to breed in the east of Scotland, successfully fledging a male chick.

Unfortunately, The Year of Natural Scotland ended, as inauspiciously as it had began, with the poisoning of yet another golden eagle in the Angus glens, just the latest incident of a litany of recent raptor persecution cases in this area.

2014 has been no better, with the massacre of birds of prey on the Black Isle grabbing a great deal of media attention. Twenty-two dead raptors – six buzzards and sixteen red kites – were found dead in a small area of farmland near Conon Bridge. Thus far, fifteen of these have been confirmed to have been the victims of poisoning as a result of consuming bait laced with a banned pesticide.

This incident, quite rightly, attracted universal condemnation, lead to the establishment of a reward fund and resulted in an unprecedented public demonstration in Inverness town centre. But, it is important to put this case into context. It was highly unusual in that it was on lowland farmland, close to a town and in an area frequently and easily accessed by members of the public.

The vast majority of raptor persecution incidents still happen away from the public gaze, in upland areas where visitors are few and where the chances of evidence of the crimes being found is very slim. These incidents may not be seen, the bodies may not be found, but the evidence is clear time and time again – large swathes of Scotland’s uplands managed intensively for driven grouse shooting continue to see virtually no raptors breeding successfully.

It is for this reason that RSPB Scotland is now calling for a robust system of licencing for grouse moors. The grouse-shooting industry has had decades to put its house in order, but has singularly failed to demonstrate that it can operate in harmony with protected birds of prey. Licenses should have sanctions for wrongdoers, with repeat offenders losing their license and thus the right to shoot all gamebirds for set periods. Estates that do practise sustainable management, and obey the law should have nothing to fear.

The one light that had shone from the gloom of 2013 was that first white-tailed eagle chick to fly from a nest in east Scotland for 200 years. It thrived and survived the challenges of its first winter. But that light too was extinguished, when the satellite-tagged bird “disappeared” on a grouse moor in upper Donside. At the same location, four tagged golden eagles have similarly vanished. The only eagle body recovered confirmed it had died due to illegal poisoning.

Enough is enough.

Full reference: Thomson, I. (2014). Raptor persecution in Scotland: July 2014 update. Scottish Birds 34(3): 232-233.

Ross-shire Massacre: six months on

rk5It’s been (just over) six months since 22 raptors were poisoned in a single incident at Conon Bridge in Ross-shire.

So far, we know that 16 of those birds (12 red kites + 4 buzzards) were killed by ingesting “an illegally-held poisonous substance”. We know that the name of the poison has been redacted from official government documents in the public domain. We know that nobody has been arrested.

That, in a nutshell, is about the sum total of the ‘official’ information that is available about one of the most high-profile wildlife crimes in recent years.

Isn’t that amazing? Six months on and that’s all there is?

However, if you’d been sitting in Lecture Marquee #3 at the Rutland Birdfair on Saturday 16th August, you’d have heard that the poison used to kill all those birds was Carbofuran, and that the perpetrator is known. Indeed, the (alleged) perpetrator was virtually named and anyone sitting in that marquee who had any local knowledge of Conon Bridge would know exactly who was being implicated.

It was an astonishing talk delivered by Sir John Lister-Kaye, who introduced himself as a Vice-president of RSPB. It was astonishing both in the level of detail about the case that was delivered, but also in the level of inaccuracy about raptor persecution in general. For someone with Lister-Kaye’s credentials, the content of that talk left our jaws hanging open.

Given the wholly inaccurate statements he made about raptor persecution in general (including a claim that Carbofuran could be used under licence to treat seed crops (!!) and that raptor killing in Scotland has never really been widespread until very recently and then only as the landowners’ angry backlash following the introduction of vicarious liability), his statements about the Ross-shire Massacre need to be treated with caution.

Nevertheless, whilst he deserves to be pulled up on his shoddy research skills, he deserves credit for standing up in that marquee and giving more information in 20 minutes than Police Scotland has managed in six months.

Previous blogs about the Ross-shire Massacre here

Police investigate shooting of young peregrine in Suffolk

shot perg suffolk aug 2014Suffolk police and the RSPB are appealing for information after the discovery of a young, injured peregrine near the village of Long Melford in Suffolk on 20th August. The bird had been shot.

The peregrine has survived and is currently being rehabilitated at a nearby falconry centre in the hope it can make a full recovery and be released back to the wild.

The RSPB is offering a £1,000 reward for information leading to a conviction.

Full news article here.

This is the 17th peregrine known to have been targeted in these isles this year. And these are only the ones that have reported – how many more have been killed?

In February, a poisoned peregrine was found dead in South Lanarkshire, Scotland (here). In March, a shot peregrine was found dead in Dorset, England (here). In April, a shot peregrine was found dead near Stirling, Scotland (here). In May, a shot peregrine was found critically injured in Devon, England (here). In June, the public foiled an attempted poisoning of six peregrines in Co. Dublin, Ireland (here). In June, a poisoned peregrine was found dead in North Wales (here). In July, four dead peregrines suspected to have been poisoned were found in Gwynedd, NW Wales (here). In August a shot peregrine was found critically injured in Co. Wexford, Ireland (here).

Suspected poisoning of red kite & buzzard in Herefordshire

A dead red kite and a dead buzzard have been found in Herefordshire in what looks suspiciously like a poisoning incident.

According to an article in the Western Daily Express (here), the carcasses were discovered on farmland at Pontrilas, south Herefordshire, close to a dead pheasant. The farmer took the corpses to a vet but the vet couldn’t find any obvious sign of injury or disease.

The RSPCA is appealing for information, but strangely, the article doesn’t say whether the corpses have been submitted for toxicology analyses. Given the position of the two dead raptors and their proximity to a dead pheasant (commonly used as bait), it seems quite plausible that this could have been an illegal poisoning incident.

Let’s hope the RSPCA contacts the RSPB Investigations team for advice.

Red kite photograph by Drew Buckley.

Petition for increased SSPCA powers handed in to Holyrood

Goddard petition Wheelhouse august 2014A petition calling for increased investigatory powers for the SSPCA was handed over to Environment Minister Paul Wheelhouse last week, with over 6,000 signatures.

The petition was launched several months ago by Andrea Goddard, a volunteer at the Tollie Red Kite Feeding Station, following the illegal poisoning of 22 raptors (16 red kites and 6 buzzards) in March at nearby Conon Bridge – an incident we’ve termed the Ross-shire Massacre. Five months on, nobody has been charged for this appalling crime.

Great effort, Andrea. Story in the Press and Journal here.

The petition coincided with the long-awaited government-led public consultation on whether the SSPCA should be given additional powers to investigate a wider suite of wildlife crimes. The consultation closes next Monday (1st September) and the consultation responses will be published on the Scottish Government’s website by 11th October. Following the government’s decision-making, a full report (on the consultation) has been promised although a time-frame for this has not been provided.

We’d encourage as many of you as possible to contribute to this consultation. If the proposal is accepted, we believe it will bring significant improvement to the enforcement of wildlife crime legislation in Scotland, leading to many more offenders being brought before the courts – see here for our reasoning.

If you’d like to take part, please click here.

Ross-shire Massacre: five months on

It’s been five months since the discovery of 22 dead raptors (16 red kites + 6 buzzards) near Conon Bridge in Ross-shire – an incident we have termed the Ross-shire Massacre.

Since then, we’ve learned that 16 of these birds (12 red kites + 4 buzzards) were killed after ingesting an “illegally-held poisonous substance“. That information had to be dragged from Police Scotland in June, following some pretty outrageous allegations from the game-shooting industry (and at least one MSP) that the birds had been ‘accidentally poisoned’ by eating contaminated meat at the Tollie Red Kite Feeding Station.

Other than that, Police Scotland has refused to provide any further information, other than to say last month that the investigation “was continuing“.

In June, a member of the public made an FoI request to SASA (the government lab responsible for undertaking the toxicology anlayses on these birds) to ask for the name of the poison(s) and the name of the species affected, amongst other things. He received a reply from SASA on 30th June and he was told that it wasn’t in the public interest to disclose such information. SASA claimed that the public interest test was “outweighed by the public interest in ensuring that the ongoing police investigation is not jeopardised and that incomplete data are not released“. The member of the public submitted a request for a review of this decision and on 24th July 2014 he received a response from Hugh Dignon, a senior civil servant. Mr Dignon upheld the decision made by SASA and added:

By withholding evidence that might, if prematurely released, prejudice a live investigation, we are maximising the likelihood that a conviction could be secured if a prosecution is taken forward“.

Come on, Hugh! There’s not a chance in hell of getting a prosecution, let alone securing a conviction, so many months after the crime took place. Who are you trying to kid? And since when has releasing the name of a banned poison ever jeopardised a live investigation? Er, that’ll be never. SASA has, for years, routinely published the name of the poisons that were used in crimes that are still subject to on-going investigations – why is this case so different? Why all the cloak and dagger? What’s to hide?

Here’s a screen grab of SASA’s latest poisoning data, which relate to toxicology tests undertaken in the first quarter of 2014. The reference circled in red is the information about the Ross-shire Massacre. SASA has redacted all the detail about the type of poison(s) detected (column 4), whether the incident was ‘abuse/mis-use’ etc (column 6), and they’ve even removed the names of the species they’ve tested – preferring to write ‘various’ instead (column 8). Compare and contrast these redactions to the entry at the top of the image, which relates to a poisoned peregrine found in Strathclyde in February – that case is also an on-going police investigation (ahem) and yet we’re allowed to see the name of the poison (Carbofuran), the type of incident (abuse) and the species affected (peregrine). Astonishing, isn’t it?

 SASA Q1 2014 ROSS-SHIRE MASSACREa

For previous posts on the Ross-shire Massacre click here

More poisoned peregrines in North Wales

North Wales Police are appealing for information following the discovery of a poisoned peregrine in June.

The bird was found at a quarry in Penmaenmawr and toxicology tests revealed it had been poisoned with a rodenticide.

It’s possible then that this was the result of an accidental poisoning (as rodenticides can be used under certain controlled conditions), but the death is being treated as suspicious because two years ago a pigeon was found, at the same quarry, smothered in poison and tethered to a rock – obviously placed as a poisoned bait (see here).

Press release from North Wales Police on the latest peregrine poisoning here.

In July this year, four peregrines (3 chicks and 1 adult) were found dead on their nest ledge at a quarry site in the Nantlle Valley, Gwynedd. Police suspect they too had been poisoned (see here).

peregrines x 4 Nantlle valley July 2014

Raven found poisoned at Killard Nature Reserve

raven poisoned KillardThanks to the contributor who sent us a copy of the following article, published in the (County) Down Recorder, 23 July 2014. We’ve shortened it slightly:

The poisoning of a raven at Killard Nature Reserve, County Down, has prompted a police investigation and raised serious concerns amongst environmentalists.

The dead bird was found on 15th March 2014 but it has only now been confirmed that it was poisoned with the banned pesticide, Carbofuran.

Situated at the mouth of Strangford Lough opposite Ballyquintin, where walkers are attracted by the area’s rich wildlife and interesting rock formations, the site is managed by the Northern Ireland Environment Agency (NIEA).

An NIEA spokeswoman said they were “deeply concerned” and advised members of the public at Killard not to pick up any dead wildlife in case they are poisoned. She explained that the raven, protected by the Wildlife (NI) Order 1985, was found by one of their wildlife officers on the cliff top above Benderg Beach.

“The dead raven was found in an unnatural posture which, from experience, led the officer to believe that it may have been poisoned”, said the spokeswoman. “Despite a thorough search no evidence was found that poison had been laid in the reserve. Tests completed in early July revealed that the raven had died as a result of ingesting Carbofuran, a poison banned for use throughout the EU. It is likely that the bird picked this up from a poisoned bait within 100 metres of where the raven was found.

“NIEA is deeply concerned, not only the poisoning of a protected species nesting locally, but also that it took place on or near a protected site where wildlife should be safe”.

NIEA said it wasn’t aware of any other incidents at the reserve but issued the following advice: “Members of the public visiting Killard are asked to avoid handling any dead animals such as rabbits or birds in case they may have been poisoned or baited with poison. Dogs should be kept on the lead and prevented from approaching any such corpses, and dogs are not permitted on the Reserve when livestock graze there over the winter months.

“If members of the public in the Killard and Ballyhornan area do come across any dead crows, birds of prey or foxes, or find any suspicious carcasses or rabbits or chickens covered in granular or powdered substances, or see any suspicious activity which could relate to illegal poisoning, they are asked to contact Downpatrick PSNI”.

A spokeswoman for the RSPB in Northern Ireland said the incident was “very disappointing”.

“All cases of birds or wildlife being poisoned by an illegal substance are worrying, but this incident is particularly concerning because the County Down area is a stronghold for the threatened red kite”, she said.

“Having been persecuted to extinction in Northern Ireland more than 200 years ago, kites were reintroduced here in 2008. Sadly, last year alone around 30% of the breeding population were confirmed poisoned, making it more difficult for the species to thrive.

“Leaving out poisoned bait is an illegal practice as it is indiscriminate and can affect not only scavenging birds like red kites, but also pets, livestock and humans”.

East Scotland sea eagle chick fledges: what fate awaits this one?

For the second consecutive year, a young white-tailed eagle has successfully fledged from a nest in east Scotland.

His sibling, who hatched in 2013, un-mysteriously ‘disappeared’ earlier this year in a notorious raptor persecution blackspot in the Cairngorms National Park (see here and here). He was the first sea eagle to fledge in east Scotland in over 200 years but he didn’t even survive to see his first birthday. His satellite transmitter went silent after he’d visited a driven grouse moor where previously a head gamekeeper had been convicted of poisoning offences (2006), a poisoned golden eagle had been found in 2011 (no prosecution), a poisoned buzzard had been found in 2011 (no prosecution), poisoned bait had been discovered in 2011 (no prosecution) and a short-eared owl had been found in 2011 that had been shot and shoved underneath a rock (no prosecution). The police raided the estate in April this year but found no trace of the eagle.

He might not have been the first sea eagle to fledge in Scotland in over 200 years if another east Scotland pair had not had their nest tree felled by someone with a chainsaw (see here – no prosecution).

The BBC is running an article on this year’s fledgling (see here) and includes a telling remark from RSPB Scotland saying they hoped the young bird would avoid areas where birds of prey have been poisoned or trapped. In other words, steer clear of driven grouse moors.

He’s got at least five years in which to run the gauntlet before he becomes mature enough to breed – we don’t rate his chances much.

Go west, kid, go west.

wtse fife 2014 ian francis

Poisoned bird found on former DEFRA Minister’s grouse moor: why no publicity?

In February 2009, a dead raven was found on a Scottish grouse moor. Nothing surprising about that.

The dead raven was sent off to SASA for toxicology tests and their investigation concluded the bird had died from ingesting the banned poison, Carbofuran. Nothing surprising about that.

There wasn’t any subsequent publicity about this incident. Nothing surprising about that.

There wasn’t any subsequent prosecution. That’s kind of what we’ve come to expect so no surprises there, either.

However, this wasn’t just any old Scottish grouse moor. This was a grouse moor on Glenmazeran Estate in Inverness-shire. Glenmazeran Estate is, according to Andy Wightman’s brilliant website ‘Who Owns Scotland‘, owned by the Englefield Estate Trust Corporation Ltd, c/o Englefield Estate Office, Theale, Reading.

According to further information provided by the Who Owns Scotland website, “Englefield Estate Trust Corporation Ltd is a company registered in England No. 02065923. One of the beneficial owners is Richard Benyon, the Environment & Fisheries Minister in the UK Government (data accurate at August 2011)”.

At the time of this poisoned bird’s discovery, Mr Benyon MP was the Shadow Minister for the Environment, Food and Rural Affairs, until the 2010 general election when he entered Government. He was subsequently appointed the Parliamentary Under Secretary of State at DEFRA, with special responsibility for biodiversity and the natural environment, amongst other things, until he was booted out in Cameron’s reshuffle in October 2013.

While Mr Benyon was in post at DEFRA, the government sanctioned the controversial buzzard ‘management’ trial and committed £375k of taxpayers money to help support it (see here), although they swiftly backtracked after a huge public outcry against the plan (see here). However, the following year Natural England, acting on behalf of DEFRA, decided to go ahead and issue a licence (to a gamekeeper with a past conviction for wildlife crime) to destroy buzzard eggs and nests to protect pheasants (see here).

Mr Benyon also decided there was no need to introduce vicarious liability to England because “there are very good laws in place to punish the illegal killing of any animal. If they are not being effectively enforced, they must be and we will take steps to make sure that happens. However, this is a good opportunity to applaud gamekeepers for the wonderful work they do in providing excellent biodiversity across our countryside” (see here and here).

Mr Benyon also refused to criminalise the possession of the poison Carbofuran in England (see here and here).

These actions can be seen in a whole new light given what we now know was discovered on Glenmazeran Estate back in 2009.

Of course, the discovery of the poisoned raven on Glenmazeran doesn’t mean that Mr Benyon or anyone else connected with the estate was responsible. Some gamekeepers on some estates are known to place poisoned baits along the boundary of an estate, presumably to make any police investigation that much more difficult and to potentially deflect attention on to someone else. Glenmazeran is not known to us as an estate where frequent raptor persecution takes place, but it is situated in a notorious raptor persecution area and several other estates in the area are suspected to be regularly involved with criminal activity and some of them even have convictions for these offences.

What’s intriguing about the Glenmazeran incident is the complete silence about this case. Did the police (it would have been Northern Constabulary at the time) investigate? Did they search Glenmazeran or other nearby estates? Why didn’t they issue any media statements about this discovery? Would public knowledge of this incident have jeopardised Mr Benyon’s political career? It shouldn’t have, as he was never implicated in the crime, so why was it kept quiet?

What we do know is that the ‘landowner’ (whoever that was) was informed about the crime. This from the SASA report:

Raven found dead in remote area. The analytical investigation established that carbofuran poisoning was responsible for the bird’s death. The police have informed the landowner of the incident but the source of the chemical has not been established“.

Fascinating stuff.