poisoning – Page 62 – Raptor Persecution UK

Moy game fair: carry on regardless

The Moy Game Fair starts today. On the Moy Estate.

Moy is quite the venue. In 2010, the following was found there:

A dead red kite in the back of a gamekeeper’s vehicle. It had two broken legs and had died as a result of a blow to the head (see photo).
The remains of a further two dead red kites.
A red kite’s severed leg, along with wing tags that had been fitted to a sateliite-tracked red kite, hidden in holes covered with moss.
Six illegal baited spring traps set in the open.
A trapped hen harrier caught in an illegally set spring trap.
A poisoned bait.
Four leg rings previously fitted to golden eagle chicks found in the possession of a gamekeeper.

In May 2011, gamekeeper James Rolfe was convicted for possession of the dead red kite found in the back of his vehicle. He was fined £1,500. No charges were brought against anyone for any of the other offences.

If you’re heading to the Moy Game Fair, keep an eye out for ‘missing’ red kites. In May 2011, a satellite-tracked red kite ‘disappeared’ there. In August 2011, another red kite ‘disappeared’ there.

Ironically, representatives from the game-shooting industry will all be there, telling visitors how great their industry is for nature conservation. So much for strong leadership and zero tolerance (see here).

Talking of venue choice……..take a look at this! A government-approved GWCT training course being held at the one and only Glenogil Estate!

The photograph below shows the dead red kite with two broken legs and severe head injuries, lying in the back of a gamekeeper’s vehicle.

Moy kite 2a

Ireland publishes its first persecution report, with interesting results

94f6f996ec3a866ce6d587d28bd5b809_L The Irish National Parks and Wildlife Service (NPWS) has published its first national raptor persecution report, relating to reported incidents in 2011.

The NPWS issued the following press release:

“33 poisoning or persecution incidents affecting birds of prey were recorded in Ireland in 2011, according to a report published today by the Department of Arts, Heritage and the Gaeltacht.

15 birds of prey were confirmed poisoned, and four more suspected cases were recorded. 8 birds of prey were shot.

Some of the deaths were accidental, but many were deliberate. The most frequent casualty was the red kite, a native species that was recently re-introduced to Ireland. It is believed that seven of the ten kites found dead were poisoned by eating rats that had themselves been poisoned. As well as red kite, other raptor species that were deliberately targeted included peregrine falcon, buzzard, sparrowhawk, and kestrel.

The report is the result of cooperation between the National Parks and Wildlife Service, the Department of Agriculture, Food & the Marine’s Regional Veterinary Laboratories and the State Laboratory, and also involves An Garda Síochána, the Golden Eagle Trust and BirdWatch Ireland.

The report notes that the use of tracking devices on birds has enabled dead birds to be found, but this also means that the true levels of mortality are likely to be significantly higher.

The use of poison has been greatly restricted under EU law in recent years. It is illegal to poison any animal or birds other than rats, mice or rabbits in Ireland and only then using certain registered products. The Campaign for Responsible Rodenticide Use has recently been set up with funding from industry. This campaign aims to promote best practice so that rat poison in particular should not get into the wildlife food chain where it harms owls, kites and other birds of prey.

The poisoning of golden and white-tailed sea eagles has been a particular problem in recent years, but fortunately in 2011, no poisonings were recorded. Records of poisoning and persecution in 2012 are currently being analysed and the second annual report is due for release shortly.

The Minister for Arts, Heritage and the Gaeltacht, Mr Jimmy Deenihan, T.D., welcomed the report. ”This gives us at least a partial view of the scale of the problem in Ireland”, he said. ”It is simply not acceptable for majestic birds of prey and other wildlife to be persecuted or poisoned. First it is illegal, but just as important it harms our reputation as a clean, green country. I would urge anyone to report such incidents to the National Parks and Wildlife Service in my Department. There are alternatives to poison which can be successfully used when control is essential ” he said.”

Here is a copy of the report: Persecution Report Ireland 2011

The publication of this report, and the anticipated future annual reports, demonstrates a basic but very important step forward, allowing the authorities and NGOs to monitor and record raptor persecution incidents in a coordinated effort, to help tackle the issue as well as to improve public awareness and education.

The report includes the usual list of victims and the substances that were used to kill them (Alphachloralose, Carbofuran etc) although we did notice one particular substance that was less familiar – Nitroxynil (also called Nitroxinil). As far as we understand, Nitroxynil is an active ingredient in the veterinary treatment of cattle and sheep, for example in sheep dips. According to this report, Nitroxynil was detected in the carcases of three poisoned white-tailed eagles and one golden eagle, as well as in several recovered baits, including an egg and two lagomorphs (rabbit or hare).

It would appear, given that it was detected in different baits, that Nitroxynil has been used deliberately in Ireland to target any animal that might scavenge from a bait. It’s also possible that some of the deaths were from accidental poisoning, although fallen stock should not be left out on the hill.

We’re not certain, but we don’t recall seeing Nitroxynil listed in any recent toxicology reports published in Scotland by SASA. We don’t know if SASA tests for this substance when they’re presented with a potentially poisoned animal – it would be fair to say that SASA can’t test for every known poison due to resource constraints, and it’s reasonable for them just to test for the more commonly-used poisons. However, we have noticed in recent SASA reports that there are quite a number of birds for which SASA have been unable to establish the cause of death (i.e. the poisons they regularly screen for have not been detected) even though the circumstances of the bird’s death may have been suspicious. If SASA are not already testing for Nitroxynil, we hope that they pay attention to the frequency of detection in Irish cases and consider including it in the list of poisons for which they routinely screen.

Well done to the Irish NPWS and their project partners for getting this report published.

In Scotland we’re still waiting for the promised 2012 wildlife crime report from the Scottish Government. Environment Minister Paul Wheelhouse told the Police Wildlife Crime Conference in March 2013 that his staff were working on the report. Earlier this month, we asked him if he could tell us when we might expect to see it published (see here). According to our calendar (he has to respond within 20 working days), Mr Wheelhouse is due to provide a response to that question, and the other questions we posed, by this coming Wednesday…..

UPDATE 29th July: SASA are on the ball – they’ve recently started to test for Nitroxynil – see here.

Police appeal after 2 buzzards found poisoned in April

buzzardpoisonedchittlehampton The police are appealing for information after the discovery of two poisoned buzzards in Chittlehampton, North Devon. The birds were found in April.

More information here, but very little detail given.

Red kite poisoned in Scotland

rk5 And so it continues….

Today, the Scottish Government agency responsible for reporting on poisoned animals released the stats for the first quarter of this year (i.e. Jan-March 2013).

You will not be surprised to learn that, yet again, poisoning incidents have taken place and Police Scotland have chosen to suppress the information.

The data confirm that a poisoned red kite was discovered in March in ‘Central Scotland’ – no detailed location information given, naturally. Lab tests show it had been poisoned with Mevinphos. Four months for that information to slip out in a largely un-read government report. The level of secrecy involved in these cases is quite remarkable.

The data also show the poisoned baits that were uncovered at Leadhills in March – interestingly, they confirm the presence of Carbofuran but don’t comment on the number of baits found (which we know was a considerable number – see here) but they do say the baits were found inside gamebags. Four months on from the discovery and we’re still waiting for Police Scotland to make a public statement, not least to warn residents and visitors about the discovery of potentially fatal poison in a publicly-accessible location.

Also included in the data is the discovery of a Carbofuran-laced pigeon bait in Tayside in February 2013. Again, where was/is the public warning from Police Scotland?

It’s just bloody pathetic. Don’t tell us that the information has been suppressed for ‘operational’ reasons – that’s totally ridiculous and isn’t fooling anyone. The suppression of information benefits the landowners and gamekeepers – nobody else.

Compare this suppression of information with the work of Police Wildlife Crime Officers in Devon & Cornwall. Two of their WCOs – PC Josh Marshall and PC Paul Freestone – are so amazingly proactive that as well as having their own personal wildlife crime blogs (here and here), they’ve even set up a Wildlife Crime Group blog for their area (see here). On this blog, you’ll find information providing tips and advice about different types of wildlife crime, as well as information about specific alleged offences. For example, here they report on the recent suspected poisoning of two buzzards, and even provide photographs – all within a few days of the alleged crime being reported. Hats off to those two guys – committed, proactive, helpful and informative (although if you’re reading this Josh & Paul, you might want to revise your information about potential threats to harriers!!).

Back to Scotland….we would like to know why Police Scotland consistently fails to inform the public about alleged raptor persecution incidents, especially those involving the discovery of highly dangerous banned poisons in public areas. The public has a right to be kept informed. Sure, the Police may need a few weeks to conduct their initial investigations without letting on what they’re up to – as we’ve said over and over and over again, nobody in their right mind would want to interfere with that process and jeopardise a potential prosecution – but when it gets to three, four, five months after the incident and its bloody obvious that the investigation is dead in the water, then what possible reason is there for withholding the information, putting the lives of people and animals at risk? Here are some reasons: wanting to appease the landowners and gamekeepers on whose land the poison had been found, and wanting to appease the wider gameshooting industry who just hate to have the truth exposed about poisoning and the other methods of persecution that are being used against raptors on a regular basis.

If you’re also curious about the blanket suppression of information, you could always email the new Police Scotland Wildlife Crime Portfolio Leader, Detective Superintendent Cameron Cavin, and ask him to explain. One question to ask, as a friendly opener, nothing more, might be whether he has ever held membership in a game-shooting organisation, like, ooh, er, let’s say BASC for example, and if so, whether that membership is still held?…. Coincidentally, Det. Super. Cavin also just happens to have strong connections with central Scotland so he might also have information about the progress of the case concerning the poisoned red kite found there in March, or perhaps about the buzzard found there in March that had been caught in an illegal trap and had to be euthanised as a result of its injuries (see here). Bear in mind if you do email him, he’s obliged to reply within 20 working days so he can’t just ignore you, although obviously he can choose to fob you off without providing a satisfactory answer.

Email: Cameron.Cavin@centralscotland.pnn.police.uk

27 eagles, 7 years, 0 prosecutions

Last September we wrote an article called ’26 eagles, 6 years, 0 prosecutions’ (see here). We thought it was time to update it and it’s now called: ’27 eagles, 7 years, 0 prosecutions’.

Why update it now? Well mostly in response to Paul Wheelhouse’s comment yesterday that the Scottish Government “has achieved much since 2007” in relation to tackling illegal raptor persecution. Yes, ‘much’ has been achieved in terms of forming new committees and partnerships and having meetings and publishing soundbites, but what has actually been achieved on the ground, where it matters? According to the following list, absolutely bloody nothing.

As previously stated, some of these eagles on this list are just ‘missing’ and may not be dead, although the frequency with which these sat-tagged eagles are going ‘missing’ is indicative of something more sinister, of that there’s no more doubt. It’s also reasonable to point out that there may be (probably will be) a hell of a lot of other eagles that we haven’t included in this list because we just don’t know about them. We only see the tip of a very very large iceberg, as is becoming clearer to everyone by the day.

It’s also worth pointing out that if Scottish Land & Estates and the Scottish Gamekeepers Association had their way, we wouldn’t be able to report on any of these cases because presumably the police are still investigating them all. I can’t for the life of me think why those two organisations would prefer this information was kept secret.

MAY 2006: A dead adult golden eagle was found on the Dinnet & Kinord Estate, near Ballater, Aberdeenshire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Grampian Police launched an investigation. Seven years and 2 months later, nobody has been prosecuted.

JUNE 2006: A dead golden eagle was found on Glen Feshie Estate in the Cairngorms. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Northern Constabulary launched an investigation. Seven years and 1 month later, nobody has been prosecuted.

AUGUST 2007: A dead adult female golden eagle was found on an estate near Peebles in the Borders. She was half of the last known breeding pair of golden eagles in the region. Tests revealed she had been poisoned by the illegal pesticide Carbofuran. Lothian & Borders Police launched an investigation. Five years and 11 months later, nobody has been prosecuted.

bird-n AUTUMN 2007: Tayside Police received a detailed tip-off that a young male white-tailed eagle (known as ‘Bird N’) had allegedly been shot on an estate in Angus. The timing and location included in the tip-off coincided with the timing and location of the last-known radio signal of this bird. Five and a half years later, the bird has not been seen again. With no body, an investigation isn’t possible.

MAY 2008: A one year old male white-tailed eagle hatched on Mull in 2007 and known as ‘White G’ was found dead on the Glenquoich Estate, Angus. Tests revealed he had been poisoned by an unusual concoction of pesticides that included Carbofuran, Bendiocarb and Isofenphos. A police search in the area also revealed a poisoned buzzard, a baited mountain hare and 32 pieces of poisoned venison baits placed on top of fenceposts on the neighbouring Glenogil Estate. Laboratory tests revealed the baited mountain hare and the 32 poisoned venison baits contained the same unusual concoction of highly toxic chemicals that had killed the white-tailed eagle, ‘White G’. Five years and 2 months later, nobody has been prosecuted.

JUNE 2009: An adult golden eagle was found dead at Glen Orchy, Argyll, close to the West Highland Way. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Strathclyde Police launched a multi-agency investigation. Three years and 3 months later, estate employee Tom McKellar pled guilty to possession of Carbofuran stored in premises at Auch Estate, Bridge of Orchy and he was fined £1,200. Nobody has been prosecuted for poisoning the golden eagle.

JULY 2009: A two year old female golden eagle known as ‘Alma’ was found dead on the Millden Estate, Angus. Tests revealed she had been poisoned by the illegal pesticide Carbofuran. Alma was a well-known eagle – born on the Glen Feshie Estate in 2007, she was being satellite-tracked and her movements followed by the general public on the internet. Tayside Police launched an investigation. Four years later, nobody has been prosecuted.

AUGUST 2009: A young white-tailed eagle was found dead on Glenogil Estate, Angus. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Tayside Police were criticized in the national press for not releasing a press statement about this incident until January 2010. Three years and 11 months later, nobody has been prosecuted.

MAY 2010: Three dead golden eagles were found on or close to Skibo Estate, Sutherland. Tests revealed they had been poisoned; two with Carbofuran and one with Aldicarb. Northern Constabulary launched a multi-agency investigation. One year later (May 2011), Sporting Manager Dean Barr pled guilty to possession of 10.5 kg of Carbofuran stored in premises at Skibo Estate. Three years and 2 months later, nobody has been prosecuted for poisoning the three golden eagles.

JUNE 2010: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.

JUNE 2010: A golden eagle and a white-tailed eagle were found dead on Farr & Kyllachy Estate, Inverness-shire. Tests revealed they had been poisoned by the illegal pesticide Carbofuran. Northern Constabulary apparently did not search the property until July 2011. Three years and 1 month later, nobody has been prosecuted.

DECEMBER 2010: A decomposing carcass of a white-tailed eagle was found and photographed on Logie (Lochindorb) Estate, Morayshire. It was reported to Northern Constabulary. By the time the police arrived to collect it, the carcass had disappeared. The police said they couldn’t investigate further without the body.

MARCH 2011: The body of a young golden eagle was discovered on North Glenbuchat Estate, Aberdeenshire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Grampian Police launched an investigation and raided the property in May 2011. Two years and 4 months later, we are not aware of any pending prosecutions.

APRIL 2011: The body of a white-tailed eagle was found at the base of cliffs on Skye. The person who discovered it (a professional medic) considered it to have been freshly shot with a rifle, decapitated with a sharp implement and thrown from the cliff top. He took photographs and alerted Northern Constabulary and RSPB. There was a delay of two weeks before the now probably decomposed carcass was collected. A post-mortem was inconclusive. This incident was not made public until one year later after a tip off to this blog. Two years and 3 months later, we are not aware of any pending prosecutions.

NOVEMBER 2011: The signal from a satellite-tracked young golden eagle (hatched in 2010) stopped functioning when she was at a location in the Monadhliaths, a well-known raptor persecution black spot in the Highlands. Her last known location was checked by researchers but there was no sign of the bird. Another technical malfunction of a satellite transmitter or another ‘disappearance’ in suspicious circumstances?

MARCH 2012: The body of a young golden eagle being tracked by satellite was discovered in Lochaber. Tests revealed it had been poisoned with the banned pesticides Aldicarb and Bendiocarb. Information about this incident was not made public until three months later. One year and 4 months later, we are not aware of any prosecutions for poisoning this bird.

MARCH 2012: The signal from a satellite-tracked young golden eagle (hatched in 2011) stopped functioning when the bird was in the eastern glens, a well-known raptor persecution blackspot. Another technical malfunction of a satellite transmitter or another ‘disappearance’ in suspicious circumstances?

MAY 2012: The dead body of a young satellite-tracked golden eagle (hatched in 2011) was discovered near a lay-by in Aboyne, Aberdeenshire. The data from its satellite tag & the injuries the bird had when found (2 broken legs) suggested it had been caught in an illegal trap in the Angus glens and then removed, under cover of darkness, to be dumped in another area where it was left to die, probably a slow and agonising death. Information on this incident was not released until almost five months later, by the RSPB. It appears the police failed to properly investigate this incident as we understand that no search warrants were issued. One year and 2 months later, we are not aware of any pending prosecutions for killing this bird.

MAY/JUNE 2012: The signal from a young satellite-tracked golden eagle stopped functioning when the bird was north-east of the Cairngorms National Park. Another technical malfunction of a satellite transmitter or another ‘disappearance’ in suspicious circumstances?

OCTOBER 2012: An adult golden eagle was found shot and critically injured on grouse moor at Buccleuch Estate, near Wanlockhead, South Lanarkshire. The bird was rescued by the SSPCA and underwent surgery but it eventually succumbed to its injuries in April 2013. Nine months later, we’re not aware of any pending prosecutions for shooting this bird.

MAY 2013: The signal from a two-year-old satellite tracked golden eagle stopped functioning after it’s last signal from North Glenbuchat Estate in Aberdeenshire. Another technical malfunction of a satellite transmitter or another ‘disappearance’ in suspicious circumstances?

Questions for the Environment Minister

Following yesterday’s announcement by Environment Minister Paul Wheelhouse on his proposed further measures to tackle the illegal persecution of Scottish raptors (here), we’d like to follow up by asking him for some clarifications on the latest measures, and for some updates on previously-promised measures. If you want to cut and paste these questions and send them yourself, or adapt them in your own letter, or simply cut and paste this blog’s URL to your own letter, please feel free. His email address appears at the foot of this page.

Question 1.

Please can you clarify whether the Lord Advocate has instructed COPFS to accept covert video footage as admissible evidence in prosecutions for alleged raptor persecution incidents?

Question 2.

Please can you clarify the timescale for SNH’s review for introducing potential restrictions on the use of General Licences in areas where they have good reason to believe crimes against wild birds have been committed? In other words, when can we expect the review to be completed? Also, will their review be made publicly available?

Question 3.

Please can you advise whether there will be a prosecution under the new vicarious liability legislation following the recent conviction of gamekeeper Peter Bell, found guilty of poisoning offences on the Glasserton and Physgill Estates (here)? If you don’t know the answer (which would be surprising, given that you said in March 2013 that you would be “keeping an eye on this particular area [i.e. vicarious liability] with interest“, see here), please can you provide the contact details of someone who can answer the question?

Question 4.

Please can you tell us the status of the Scottish Government’s first annual report (2012) into wildlife crime? As you know, under the Wildlife and Natural Environment (Scotland) Act 2011, there is a now a requirement (under section 26B) that ‘Scottish Ministers must, after the end of each calendar year, lay before the Scottish Parliament a report on offences relating to wildlife’ (see here for copy of the WANE Act 2011). You mentioned in March 2013 that your policy officials ‘are currently working on’ this report (see here). When can we expect this report to be available?

Question 5.

Please can you tell us when, exactly, will you open the consultation regarding the increase of SSPCA powers to broaden the range of their work investigating wildlife crime? As you know, this consultation was first suggested by former MSP Peter Peacock as an amendment during the WANE Act debates, way back in February 2011. The then Environment Minister Roseanna Cunningham rejected it as an amendment but suggested a consultation was in order (see here). Seven months later in September 2011, MSP Elaine Murray lodged a motion that further powers for the SSPCA should be considered (see here). In November 2011, Elaine Murray MSP formalised the question in a P&Q session and the next Environment Minister, Stewart Stevenson, then promised that the consultation would happen in the first half of 2012 (see here). Nothing happened so in September 2012 we asked you, as the new Environment Minister, when the consultation would take place (see here). In response to one of our blog readers in October 2012 your policy officer said: “The consultation has been delayed by resource pressures but will be brought forward in the near future“. Nine months later and we’re in July 2013 – almost 2.5 years after Scottish Ministers committed to undertaking the consultation. Where is it?

Email: ministerforenvironment@scotland.gsi.gov.uk

Environment Minister announces ‘further measures’ to tackle raptor persecution

The Environment Minister Paul Wheelhouse has today announced what he calls ‘further measures’ to tackle the on-going problem of illegal raptor persecution in Scotland. Here is his statement in full:

“Since I took on responsibility for this portfolio, I have been clear that one of my priorities is to bear down on the illegal persecution of raptors that continues to blight the Scottish countryside and tarnish Scotland’s reputation. These outdated, barbaric and criminal practices put at risk the conservation status of some of our most magnificent wildlife. They also harm our reputation as a country which values its environment and wildlife and undermine the growing tourism sector that is built on that reputation.

We have achieved much since 2007. We have a robust legal framework that protects birds of prey and their nests, including the new vicarious liability provisions. We have dedicated resources in Police Scotland and the Crown Office and Procurator Fiscal Service (COPFS). We are leading the way in the UK in the development of wildlife crime forensics work, and we continue to work at building a broad-based alliance through the Partnership for Action Against Wildlife Crime (PAW Scotland).

In 2012 we saw a very welcome reduction in poisoning cases. However a number of recent reports, some of which are in the public domain and some of which are still subject to police enquiries, suggest that there is still a problem with the use of poison as well as cases involving illegal trapping and shooting. I have decided therefore that the time is right to bring forward some further measures which I hope will deter those involved in illegal activities.

Wildlife crime, and raptor persecution in particular, often takes place in remote locations or in the dark of night. By its very surreptitious nature, the likelihood of being seen by a member of the public who can report the matter to the authorities is small.

I have spoken with the Lord Advocate, who maintains a close personal interest in all wildlife crime. We are both keen to maximise the opportunity for offences to be detected and offenders to be tracked down.

The Lord Advocate has instructed the specialist prosecutors in the Wildlife and Environmental Crime Unit to work with Police Scotland to ensure that law enforcement utilises all investigative tools at their disposal in the fight against wildlife crime.

This work will take place within the National Wildlife Crime Co-Ordinating Forum – a group attended by police Wildlife Crime Liaison Officers from across Scotland and the police’s full-time Scottish Wildlife Crime Co-Ordinator, as well as senior police officers, the National Wildlife Crime Unit, Scottish Government officials and the specialist prosecutors from the Wildlife and Environment Crime Unit within COPFS.

Secondly, in my capacity as Chair of PAW Scotland, I intend to establish a group to carry out a review and report to me on how wildlife crime is treated within the criminal justice system, including examining whether the penalties available for wildlife crime properly reflect the seriousness of the damage caused to vulnerable wildlife and fragile habitats and ecosystems.

Thirdly, I will be asking Scottish Natural Heritage in their capacity as the authority for licensing decisions under section 16 of the Wildlife and Countryside Act to examine how and in what circumstances they can restrict the use of General Licences to trap and shoot wild birds on land where they have good reason to believe that crimes against wild birds have taken place. These General Licences allow the holders to carry out actions that would otherwise be unlawful if undertaken, without any reference to SNH. We regard the use of General Licences as a privilege that should not be extended in circumstances where there is evidence that their use may be facilitating illegal activities.

In putting together these measures I have sought to focus only on those individuals and businesses where there are very good reasons to believe they are involved in illegal practices. I am very keen to avoid anything that places an unfair burden on the majority of shooting businesses that are law-abiding and responsible members of the rural community. I should also say that I think it is important that wildlife crime is treated in exactly the same way as other types of crime. This means information about cases should be handled in the same way as in other types of crime and that the police and prosecutors are allowed the time and space to carry out whatever investigations they believe to be necessary according to their own professional judgement. We should not descend into allowing trial by leak and accusation. There is a responsibility on us all to avoid that.

In conclusion I wish to reiterate that eradicating raptor persecution in Scotland remains a high priority for the Scottish Government. It is not however the sole responsibility of the Scottish Government. Law enforcement clearly has a key role to play and I am confident that we are ratcheting up the pressure on those committing acts of illegal persecution. However, everyone involved in the Scottish countryside, and in particular those involved with shooting, should make abundantly clear their disapproval to the minority whose actions are tarnishing the reputation of Scotland’s country sports”.

So, this is the much anticipated ‘action’ against illegal raptor persecution that’s been promised since last autumn when Paul Wheelhouse was appointed. Whilst we welcome his willingness to engage with the issue (in stark comparison to his English counterpart who won’t even admit there’s a problem), we see these latest measures as tiny baby steps in the right direction, and not the decisive hefty stamp that could have been delivered.

The first four paragraphs of his statement are just introductory comments with the usual rhetoric, such as, “We have achieved much since 2007”. Actually, we haven’t. Raptors are still being illegally killed on land managed for game-shooting and more often than not the criminal(s) involved are not being prosecuted. In the few instances where they are prosecuted, there is evidence of extensive plea-bargaining resulting in convictions only for the minor offences, not for the major crimes.

“In 2012 we saw a very welcome reduction in poisoning cases”. No, we didn’t. What we saw was a reduction in the number of reported poisoning cases; that’s a very important distinction. Members of the game-shooting industry (and government, it seems) have made much of this claim, using it as an example of how the industry is cleaning up its act. They won’t be able to make the claim for much longer – we understand that there have been several poisoning incidents already in 2013 and we’re only half-way through the year. Naturally, once again the public haven’t (yet) been informed about these poisonings even though they took place several months ago. We’ll come back to this issue.

The first ‘new’ measure that Wheelhouse is introducing is this:“The Lord Advocate has instructed the specialist prosecutors in the Wildlife and Environmental Crime Unit to work with Police Scotland to ensure that law enforcement utilises all investigative tools at their disposal in the fight against wildlife crime”.

This is interesting, particularly because it immediately follows this paragraph:

“Wildlife crime, and raptor persecution in particular, often takes place in remote locations or in the dark of night. By its very surreptitious nature, the likelihood of being seen by a member of the public who can report the matter to the authorities is small”.

Does this mean that prosecutors in Scotland are being told by the Lord Advocate that they should now accept covert video surveillance as admissible evidence? If this is the case then it would be a very welcome step indeed. Covert film footage is routinely accepted as admissible evidence in England, but in Scotland it continues to be blocked by the Crown Office prosecutors. Why? We don’t know – we’ve never heard a satisfactory explanation. If our assumption is correct (and of course it may not be) and covert footage is to be accepted, then Wheelhouse deserves a good deal of credit for this single measure. We’ll be watching this potential development with great interest.

His second measure is to establish (yet another) group within the framework of PAW Scotland, “to carry out a review and report to me on how wildlife crime is treated within the criminal justice system, including examining whether the penalties available for wildlife crime properly reflect the seriousness of the damage caused to vulnerable wildlife and fragile habitats and ecosystems”. We’re not so impressed with this plan; it seems to be reinventing the wheel. A similar review was carried out in 2008 (Natural Justice 2008) following the poisoning of the last remaining breeding female golden eagle in the Scottish Borders in 2007. That review made many recommendations to improve the efficiency of detecting and prosecuting wildlife crime in Scotland, some of which have since been implemented but many have not. It would perhaps have been a good opportunity for Wheelhouse to critically evaluate the implementation of those recommendations made five years ago, rather than start off the process again from scratch, which just leads to further delays in addressing the actual problem.

The third and final new measure is what we would call a fig-leaf approach to tackling illegal raptor persecution. Wheelhouse says: “I will be asking Scottish Natural Heritage in their capacity as the authority for licensing decisions under section 16 of the Wildlife and Countryside Act to examine how and in what circumstances they can restrict the use of General Licences to trap and shoot wild birds on land where they have good reason to believe that crimes against wild birds have taken place. These General Licences allow the holders to carry out actions that would otherwise be unlawful if undertaken, without any reference to SNH. We regard the use of General Licences as a privilege that should not be extended in circumstances where there is evidence that their use may be facilitating illegal activities”.

At a superficial level, a restriction on the use of the General Licence sounds like a positive action. But let’s just think about the practicalities. First of all, Wheelhouse suggests that the General Licence may be restricted where SNH have “good reason to believe that crimes against wild birds have taken place”. That sounds like SNH would require a lower burden of proof to show that crimes against wild birds have taken place than say, for example, a criminal conviction. In real terms, how would that work? What would constitute ‘good reason’? The discovery of a poisoned or shot bird on a particular piece of land? In legal terms that’s not enough evidence for a conviction because the estate in question could legitimately argue (no matter how implausible) that the dead bird had been planted by someone with a grudge against them, or that the bird had been poisoned/shot elsewhere and just happened to fly on to their estate where it finally succumbed to its injuries. We can be certain that if SNH tried to use such evidence as giving them ‘good reason to believe that crimes against wild birds have taken place’ they would face a strong legal challenge by the estate’s lawyers. So then we’re back to the current situation whereby a conviction in a court of law is the only acceptable proof that the crime was committed by someone associated with the estate where the dead bird was found and those convictions are, as we all know, almost as rare as rocking horse shit.

But even if SNH could use a lower burden of proof as reason to believe a crime had been committed, there would still be difficulties. The use of General Licences is barely monitored or enforced due to the high volume of people operating under their terms. By their very nature, a General Licence is not actually issued to an individual – you don’t have to apply to use one and there isn’t even a competency test that you must first pass – it’s an open ‘licence’ that anyone can use to carry out what would otherwise be unlawful activities, such as the killing of so-called ‘pest species’ such as crows. We occasionally see a prosecution for an offence relating to a General Licence, e.g. when the operator of a crow cage trap has failed to meet the licence’s terms and conditions, but these prosecutions are rare and incidental. No statutory authority is regularly monitoring the use of General Licences (e.g. SNH don’t do it, the police don’t do it) – we don’t even know how many people are operating under the General Licences because the operators are not required to submit annual returns. So, if SNH did ‘restrict the use’ of a General Licence on a particular piece of land, who would be enforcing that restriction? How would we know whether a restriction was in place? Would the location and name of the estate be published? For how long would the restriction be in place? What would be the penalty if an estate was found to be flouting the restriction?

All in all, this proposed new measure has glaring loopholes that in practical terms would be very difficult to close. It’s hugely disappointing that the Minister has taken this route instead of another option that is already available to him in the provisions of the Wildlife & Countryside Act – that is, the ability to enforce a (temporary) ‘closed season’ on the hunting of a particular game bird species in a particular area (or in this case, a specific estate). For example, in exceptional circumstances a Minister can impose a temporary moratorium on shooting specific species during periods of prolonged severe weather. The authority to impose such restrictions is already there in the legislation – it wouldn’t require the lengthy drafting of new legislation – if he wanted to enforce a temporary ban on, say, driven grouse shooting on a particular moor, he could do so. This measure would fit with his approach of only targeting the criminals, not the ‘law-abiding majority’ (his words, not ours) so why isn’t he pursuing it? Just another missed opportunity.

One final point about the Minister’s statement – the bit in his penultimate paragraph where he says this:

“I should also say that I think it is important that wildlife crime is treated in exactly the same way as other types of crime. This means information about cases should be handled in the same way as in other types of crime and that the police and prosecutors are allowed the time and space to carry out whatever investigations they believe to be necessary according to their own professional judgement. We should not descend into allowing trial by leak and accusation. There is a responsibility on us all to avoid that”.

We whole-heartedly agree that wildlife crime should be treated in exactly the same way as other types of crime. This means that these crimes should be properly publicised in the media, just as other crimes are, and especially when they involve the discovery of potentially-fatal poisons that put the general public at significant risk. We hold very strong opinions on this and are adamant that it is not in the public interest for the police to keep these crimes hidden from view for months on end. Until we see an end to this ridiculous culture of silence we’ll continue to blog about these crimes with a measured, accurate and responsible approach.

We’ll be blogging later this week with some specific questions for Paul Wheelhouse….

Scottish Land & Estate’s response to the announcement here.

RSPB Scotland’s response here.

Scottish Gamekeepers’ Association response here.

BASC Scotland’s response here.

Another sat-tagged golden eagle ‘disappears’ in Aberdeenshire

Well would you believe it. Another young satellite-tagged golden eagle has mysteriously ‘disappeared’.

This time it’s a two-year-old bird called ‘Angus 33’, being sat-tracked by Roy Dennis (see here). The bird’s last known signal came from the North Glenbuchat Estate on 13th May 2013. A search was undertaken but nothing was found.

Naturally, there’s no evidence to demonstrate the eagle has been illegally killed, it’s just vanished into thin air in the same area that several other sat-tagged golden eagles have ‘disappeared’ in recent years. What a bloody mystery, eh?

Further mysteries from here include who used Carbofuran to poison a young golden eagle found in March 2011 (here), who used Carbofuran to poison a buzzard found in May 2011 (here, p.9) and who shot the short-eared owl that was found stuffed under a rock in May 2011 (here, p.6 & p.14)?

The Headkeeper of this estate was convicted of poisoning offences in 2006 (see here).

Cryptic press release issued after red kite dies of ‘unnatural causes’

A press release has gone out this morning appealing for information after a dead red kite was discovered on Royal Deeside. According to the information released (see here), the bird was found in an area of woodland near Aboyne on 6^th April 2013. The wing-tagged bird was known to be a three-year-old breeding female, originally from Perthshire, who had successfully raised three offspring in 2012 close to the area where subsequently she was killed.

Bizarrely, the press release does not explain how the kite was killed. Instead it has the following cryptic statement:

“After recovery of the carcass, a post mortem was carried out. This revealed that the bird’s death was not by natural causes”.

So what does that mean then? Was she poisoned? Caught in a leg-hold trap? Shot? Caught in a crow trap and clubbed to death?

We’ve seen this sort of press release before, notably in 2010 when the police force formerly known as Northern Constabulary put out an appeal for information after an osprey died from what was described as ‘deliberately inflicted injuries’ (see here). A few days later it was confirmed that the osprey had been shot (see here).

If this kite’s death was the result of a crime, which we presume it was given that she died of ‘unnatural causes’ and the police are appealing for information, then why the hell aren’t we just told straight? What’s the point of dressing it up to make it sound less serious than it is?

And why, yet again, has there been such a long delay between the discovery of the dead bird and the appeal for information? The bird was found on 6^th April – the weekend after the Easter bank holiday – that’s over two and a half months ago. Sure, the police will want to conduct their initial investigations and so there may be an understandable delay of a couple of weeks, but there’s absolutely no operational excuse for a delay of nearly three months before it’s made public.

So here we have yet another example of an illegally-persecuted raptor – yet more evidence that the wildlife criminals are continuing to defy the law, safe in the knowledge that they’re virtually untouchable. Where are the promised ‘new measures’ to tackle raptor persecution from our Environment Minister, Paul Wheelhouse? We expected a statement from him this week but so far, nothing. The Scottish parliamentary recess begins next week (29^th June until 1^st September) – will we hear from him before then? Email: ministerforenvironment@scotland.gsi.gov.uk

Some background info about Scottish red kites:

Following their extinction as a breeding bird in Scotland in 1917, a joint RSPB Scotland and Scottish Natural Heritage project was undertaken with the aim of restoring the species to its former range.

Kites were released in four areas of Scotland:

In 1989-1994, 93 birds on the Black Isle;

In 1996-2001, 103 birds in Stirlingshire/Perthshire;

In 2001-05, 104 birds in Dumfries & Galloway;

In 2007-09, 101 birds in Aberdeenshire.

In 2012, there were 214 breeding pairs of red kites in Scotland.

From 1989-2011, a minimum of 75 red kites fell victim to illegal poisoning, with a further seven the victims of illegal shooting, trapping or nest destruction.

UPDATE 13.30hr: It’s been confirmed that this red kite had been shot. Why the bloody hell didn’t they just say that to begin with?

Scottish gamekeeper convicted for poisoning buzzard

Buzzard Bell A Scottish gamekeeper has today been convicted for a number of wildlife crime offences, including the poisoning of a buzzard.

Peter Finley Bell (62) pleaded guilty to four charges at Stranraer Sheriff Court and was fined a total of £4,450.

Bell is a full-time gamekeeper and has sole responsibility for rearing pheasants and organising shooting on Glasserton and Physgill Estates which includes land on Glasserton Home Farm, Whithorn.

Bell committed the poisoning offence on 23 December 2012 at Glasserton Home Farm. He had laced the carcass of a pheasant baited with Carbofuran and set the bait in a field. A birdwatcher passing the farm saw something flapping in the field and on closer inspection found that it was a common buzzard, lying on the ground, in the last throws of life.

Subsequent forensic work showed that the buzzard had died as a result of ingesting the poisoned bait.

A search of Bell’s home address on 5 March 2013 revealed poisonous substances in his tool shed and home which are illegal to possess, namely Carbofuran, Strychnine and Aphachloralose.

Bell’s fine was broken down as follows:

£2,450 for killing the buzzard (reduced from £3,500 to reflect his guilty plea)

£1,400 for possession of Carbofuran (reduced from £2,000)

£300 for possession of Strychnine (reduced from £500)

£300 for possession of Alphachloralose (reduced from £500).

There are some interesting points about this case. First of all, the speed of the judicial process – offences committed in December 2012 and March 2013, criminal convicted by June 2013! That has to be some sort of record and it is very, very pleasing to see.

But why, if the poisoned pheasant carcass and buzzard were found in December, did it take more than two months to conduct a search of Bell’s home?

It’ll be interesting to find out if Bell is/was a member of the Scottish Gamekeepers’ Association: info@scottishgamekeepers.co.uk

It’ll also be interesting to find out if Glasserton & Physgill Estates are members of Scottish Land & Estates: info@scottishlandandestates.co.uk

UPDATE: An important question, raised by blog commentator Michael Gill: what about vicarious liability in this case? Shall we ask the Environment Minister? Email: ministerforenvironment@scotland.gsi.gov.uk

UPDATE 16.20: The SGA has issued a statement about this conviction (see here). Interestingly, they do not address the fundamental question of whether this gamekeeper is/was one of their members. The SGA is a member of PAW Scotland and serves on the PAW Scotland Raptor Persecution Priority Delivery Group. Would it be appropriate for the SGA to continue to serve in this capacity (and take credit for its PAW membership) without being transparent about whether it has a convicted poisoner amongst its membership? We think it would be highly inappropriate. Please raise these concerns with the PAW Scotland Chair – Environment Minister Paul Wheelhouse – and demand SGA transparency on this case. Email: ministerforenvironment@scotland.gsi.gov.uk

UPDATE 17.25: Scottish Land and Estates have issued a statement to say that the estate in question has been booted out of their organisation. Good news. Statement here.

UPDATE 19th June 08.30: According to a BBC article (here), this convicted gamekeeper was indeed a member of the Scottish Gamekeepers’ Association and he’s now been kicked out. Strange that the SGA excluded this information from their own statement on their own website.

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