Some comments on last night’s ‘Inside Out’ programme on hen harrier persecution

So, what did we learn from last night’s Inside Out programme on the illegal persecution of hen harriers?

According to Martin Gillibrand, the Moorland Association’s secretary, there is ‘no evidence’ that gamekeepers have been involved in hen harrier persecution, and the cause of their near extinction as a breeding species in England is “as a result of some very bad springs, breeding productivity has fallen off and the numbers have gone down“. Ah, so climate change is the real problem then. So if we all turn down our central heating and get our lofts insulated the hen harriers will be ok. It’s the same old story – give any explanation for the demise of the hen harrier except for the most obvious one.

Funny that he didn’t mention an earlier Moorland Association statement, given as written evidence during the recent parliamentary audit on wildlife crime (see here) –

“Until a full set of special rules allowing the positive management of hen harriers breeding on grouse moors is forthcoming from the Environment Council’s Hen Harrier Dialogue, moorland owners are within their rights and the law to deter the birds from settling on their moors to breed.”

Nor did he mention previous correspondence between the Moorland Association and DEFRA minister [grouse moor owner] Richard Benyon, discussing the possibility of derogations from international law that would allow for the legal ‘management’ of hen harriers (see here).

What else did we learn? Well, as predicted, the recent introduction of vicarious liability legislation in Scotland was touted as the solution to end raptor persecution. Unsurprisingly, this view was presented by Des Thompson of SNH – an organisation with a vested interest in making everyone believe that they’re dealing with the on-going (59 years and counting) problem of illegal raptor persecution. According to Des Thompson:

We are seeing some real signs of success. There are indications now that the recorded incidents of poisoned birds of prey is declining“.

He went on: “We were despairing in Scotland a couple of years ago but things have got a lot better“.

Have they? Yes, the number of recorded poisoning incidents has dropped, but does that mean poisoning has dropped, or poisoning is still going on but it’s now better hidden, or that recorded poisoning incidents have dropped because other methods of persecution are now being employed? Here are three examples that suggest things have not ‘got better’ (see here, here and here).

It’s interesting that SNH should interpret the drop in recorded poisoning incidents as a ‘success’, when the only true measure of success will be if raptor populations (especially hen harrier and golden eagle) recover. If they do recover, it will take several years to see it. Sorry, but to suggest at this early stage that vicarious liability has been a ‘success’ is utter rubbish – it’s a statement with more spin than a Zanussi.

Yesterday we blogged about how vicarious liability isn’t the solution to solving the issue of illegal raptor persecution, mainly because the crux of the vicarious liability concept is that the individual criminal first has to be identified before his/her employer can be charged under the new legislation. However, this was written from a Scottish perspective, where evidence such as covert video surveillance (identifying an individual actually committing the crime) is so often banned as admissable evidence in court. However, in England, this type of evidence is frequently accepted in court and has been used very successfully to convict criminal gamekeepers. So, in this context, vicarious liability, if it was to be introduced in England, might just work.

If you missed last night’s programme you can watch it on iPlayer (here) for a limited period.

We’ll be blogging later today about the latest development from the Hen Harrier Dialogue…

For anagram fans: A SAD MORONS COALITION / MOORLAND ASSOCIATION

Shot peregrine released back to wild after treatment

_66033291_peregrineA peregrine falcon was found with a broken wing in January – apparently it had been shot. It has now been nursed back to health and released back into the wild at the location where it was found.

According to the BBC (see here), the injured peregrine was found ‘in a field near a local shoot’ in Salwick, near Preston. Kudos to Turbary Woods Owl and Bird Sanctuary for their efforts in this bird’s recovery.

This is a good news story, in that a wild peregrine has been successfully rehabilitated and released, but disturbingly, this incident can be added to what looks like a growing trend in a different method of persecution – shooting. Has anyone else noticed this? In recent months there have been quite a few reported shootings, including golden eagles, hen harriers, red kites and buzzards. Is it a real trend or is the media just getting more savvy at reporting these incidents?

Reported poisoning incidents are dropping, of that there’s no doubt. Whether that’s a reflection of a downturn in actual poisoning incidents or simply an indication that gamekeepers are getting smarter at hiding the evidence remains to be seen. The cynical amongst us may believe that the method of persecution has simply been switched…

Raptor poisoning map England & Wales 2007-2011

A poisoning map of England of Wales has just been published by DEFRA, detailing confirmed poisoning incidents between 2007-2011.

This map is a welcome source of information, similar to the poisoning hotspot maps that have been produced for Scotland in previous years. What would be even better is the production of maps (for Scotland as well as England & Wales) that included other types of raptor persecution incidents, not just poisoning. But they might be a bit too embarrassing, eh?

To accompany the map, DEFRA has issued a press release here.

The National Gamekeepers Organisation has also released a press release (here). They tell us not to worry, poisoning is a ‘very rare crime’. Judging by this map, which don’t forget is just the tip of the iceberg – how many incidents go undetected? – poisoning is a lot more frequent than they would have us believe: 30 poisoned raptors in 2011 alone. Oh and they also tell us that “nearly all species now at or near their highest populations since UK records began“. Er, hen harriers, red kites, goshawks, golden eagles, white-tailed eagles, kestrels, peregrines……? Morons.

Poisoning map 2007-2011

Two more sea eagles poisoned in Kerry

Two more white-tailed eagles have been found dead in Ireland. One, found in January 2013, has been confirmed poisoned. Another one is currently undergoing toxicology tests, although it too is suspected of being poisoned.

Full story in the Irish Times here

WTE Kerry 2013

Eagle persecution featured on the One Show

One-Show-smallYesterday evening, the BBC’s One Show ran a feature on golden eagle satellite-tracking in Scotland, featuring two legendary raptor fieldworkers from the RSPB, Stuart Benn and Brian Etheridge.

Thanks to these two, the message about illegal raptor persecution was heard by a mainstream tv audience (an estimated 5 million viewers) both during the film (when they were sat-tagging an eaglet) and then again when Stuart was interviewed in the studio.

Two top blokes doing a top, top job. Well done!

For anyone who missed it, catch it on BBC iPlayer here (20.37 min – 28.41 min) for a limited period.

Here is a link to Stuart’s blog about the filming day last summer.

Another poisoned buzzard in Scotland

SASA (the Government’s Science & Advice for Scottish Agriculture) have just published their latest ‘Summary of Incidents’ where they report on the number of animals that have been submitted for poisoning analysis, dating from January – September 2012 (see here).

It’s an interesting read. The results from the first three-quarters of 2012 suggest a decline in the number of reported raptor poisoning incidents. Does this reflect an actual decline in poisonings, or does it mask something more cynical, such as a change of tactics in the method of persecution used? Nobody can tell for sure at this stage, although you’d have to be pretty naive to believe the first explanation, especially after the recent shocking non-poisoning incidents such as the dead golden eagle found in a lay-by with two broken legs, believed to have been illegally trapped on an Angus grouse moor and then moved by vehicle in the dead of night and dumped by the side of the road, barely alive and left to suffer an horrific death. Then there was the golden eagle that was found shot and critically injured on a grouse moor in Dumfrieshire, now making a slow recovery. And then the shot hen harrier found dead on another grouse moor in Grampian. And these are just the ones we know about.

The latest SASA results show that a buzzard was found dead in Grampian in September 2012, confirmed to have been poisoned by the illegal pesticide Carbofuran. We don’t remember seeing any police reports about this incident. Perhaps they kept it quiet so as not to hinder their investigation? Fair enough, but it’s now four months later…Perhaps Grampian Police will report where was it found, and whether anyone is being charged. They probably won’t though; yet another incident being quietly swept under the carpet? We blogged about these poisoning incidents going unreported the last time SASA published their stats (see here).

There were a number of dead buzzards that were submitted to SASA for testing between Jan-Sept 2012, including the satellite-tagged ‘Buzz’, believed to be the first sat-tracked buzzard in Scotland (see here). His last signal came from near Brechin, Angus in late September. His corpse was picked up by the side of the road. Given the location and the on-going history of raptor persecution in the nearby area, his body was submitted for a post-mortem. He hadn’t been poisoned though – SASA concluded that his probable cause of death was starvation. It would have been nice if Tayside Police had provided information about this result, given so many were following his movements on Roy Dennis’ website…

Buzz wasn’t the only buzzard to starve to death. There are four other buzzards listed in the report with the same probable cause of death; strange really, when there are some people who maintain that buzzards are gorging themselves silly on gamebirds.

Interestingly, the dead golden eagle found in suspicious circumstances on Harris in June did not not appear in the SASA results, even though the press reported at the time that poisoning was suspected (see here). Perhaps Northern Constabulary will provide an update on the outcome of this one? Yeah, you’re right, of course they won’t.

Misleading guff from Scottish Land and Estates

scotsman_logo_200The following letter has appeared in The Scotsman in the continuing ‘debate’ on grouse moor management (see here to read the earlier articles).

“Logan Steele’s letter (14 Jan) which alleges that driven grouse shooting is only viable with the persecution of birds of prey, particularly the hen harrier, is misleading.

First, official statistics demonstrate a clear decline in the number of incidents of raptor persecution.

Second land management for driven grouse shooting delivers a huge benefit for other protected wildlife, especially waders, and sustains employment and communities in remote rural areas. This is something the suggested alternative of walked-up grouse-shooting would not do.

Of particular significance is clear evidence that where grouse and hen habitat and vermin management have declined in some hen harrier “special protection areas”, this has actually resulted in lower harrier populations, as well as declines in other species such as waders.

This is a more complex situation than some make out.

The Langholm Moor Demonstration Project, set up in partnership with the government to bring back driven grouse shooting in the presence of sustainable numbers of hen harriers, is where the best hopes of progress on this issue lie.

Results at Langholm so far are that neither harriers nor grouse have recovered – not what anyone expected, but each year scientific understanding improves and practical solution gets closer.

Making progress will involve compromise on all sides.

Organisations representing grouse moor managers such as SLE are fully behind this process and it is unfortunate that RSPB has pulled out of the mediation process in England. Perhaps Scotland provides the best opportunity to make progress now.  Douglas McAdam, Scottish Land & Estates, Musselburgh”

[Link to the letter here].

And he accuses Logan Steele’s letter as being misleading!

First, which “official statistics demonstrate a clear decline in the number of incidents of raptor persecution” is Doug McAdam referring to? The ones we know of only relate to known poisoning incidents, although they are limited to poisoned birds; they do not include the discovery of poisoned baits and nor do they include suspected poisoning incidents or unreported poisoning incidents. More to the point, they do not relate to other types of raptor persecution, such as shooting, trapping, nest destruction, ‘disappearing’ birds etc. The only statistics that account for all types of raptor persecution incidents are those compiled annually by the RSPB; statistics that have never been accepted by SLE or any other game-shooting organisation.

Second, McAdam says “land management for driven grouse shooting delivers a huge benefit for other protected wildlife, especially waders, and sustains employment and communities in remote rural areas“. Another misleading statement. Land managed for driven grouse shooting is not only bad for protected wildlife (golden eagles, white-tailed eagles, hen harriers, goshawks, red kites, buzzards, peregrines, ravens, pine martens, mountain hares etc etc) but it is catastrophic for other species too (foxes, weasels, stoats, crows etc etc). And that’s without even touching on the landscape-level environmental damage.

McAdam goes on to suggest that “making progress will involve compromise on all sides“. No it won’t. Making progress will depend entirely on whether the grouse-shooting industry will accept that they have to work within the law and put an end to illegal persecution. If they do, all well and good. If they won’t, then they face a direct action campaign to ban driven grouse shooting by those of us who are sick of waiting for the government to act on our behalf. Hollow promises just don’t wash anymore. Time’s up.

McAdam’s penultimate sentence is laughable. He’s trying to suggest that the RSPB are the unreasonable ones in this 20+ year saga, for walking away from the six-year long Hen Harrier Dialogue process (see here). They are definitely not the unreasonable ones – they recognised a sham process and got out. Until SLE start to publicly expel their member estates where raptor persecution is rife (and we all know who they are, and so should McAdam – if he doesn’t, he’s in the wrong job), then the credibility of SLE’s involvement in ‘making progress’ will be viewed with as much contempt as it deserves.

Illegal raptor poisoning on BBC Countryfile tonight

countryfile_uk-showThanks to @Bucktonbirder for the tip-off –

Illegal raptor poisoning on BBC’s Countryfile tonight (7pm BBC 1), exposed by RSPB Investigations undercover work.

Preview here.

The importance of the “vicious” gamekeeper’s conviction

Hebblewhite carbofuranFollowing on from yesterday’s blog about the conviction of “vicious” gamekeeper Robert William Hebblewhite (see here), more information has emerged about what happened in court.

We mentioned yesterday how unusual it was for a gamekeeper to be convicted of actually killing the dead raptor(s) found on their land; typically, in case after case, the gamekeeper is convicted for the lesser offence of “possession” (e.g. of poison) and the charge for the actual killing is dropped. This has caused an immense amount of frustration, not only for those investigators who often spend months working on getting a case to court, but also for us, the members of the public, who feel a massive sense of injustice every time it happens.

Well, not so in this case. If you read the article published here, you’ll notice that the judge (in this case District Judge John Stobard) was having none of it.

The prosecutor (Mark Holmes) contended that Hebblewhite’s motive was clear. He was the gamekeeper on this shoot, with responsibilities for pest control. The shoot had been losing birds because buzzards were in the area (his words, not ours!). Pheasant carcasses laced with Carbofuran had been found next to the Carbofuran-poisoned buzzards. A jar of Carbofuran was found in Hebblewhite’s van (see photo). Hebbelewhite’s van had been seen going to the scene on several occasions.

Hebblewhite had pleaded guilty to possession of Carbofuran (the lesser offence) but not for poisoning the buzzards.

The defence argued that the poisoner could have been anyone.

District Judge John Stobard wasn’t fooled. He is reported to have said this:

The birds died from Carbofuran and here in a van is the very stuff  that killed them. The defence says it could have been anyone. Well, could it? I’m not here to discuss the case as a philosophical argument. What is the reality of the matter?

This defendant is here to secure the presence of the shoots that take place by the way of being a gamekeeper. He must look after the pheasants and protect them from other animals.

I think he has done so in an old fashioned and particularly nasty way by lacing the pheasant with Carbofuran in the full knowledge the buzzards would be killed.

It can only point to one conclusion – he did it“.

So finally, here’s a judge who put two and two together and didn’t make five. It’s quite telling though, that this is such an unusual result that we need to highlight it here. What does that say about how our justice system deals with raptor persecution crimes? What does it tell us about our low expectations for these court cases?

In Scotland we’re so used to seeing ridiculous legal obstacles placed in the way of justice that we now expect the poisoner/trapper/killer to get off. “Did you see the defendant place the poison? Did you see the eagle/buzzard/goshawk/red kite actually eat from that very poisoned bait? Was it filmed? Did you have permission to film on that land? Can you forensically match the poison on the bait/inside the dead raptor with the big stash of illegal poison found in the defendant’s house /shed /garage /vehicle /porch /gamebag /jacket pocket? No? Well then he can’t be convicted”.

Well done again to the RSPB Investigations Team, to the CPS, and particularly to District Judge John Stobard for seeing the bleedin’ obvious and acting upon it.

UPDATE: There’s an excellent news piece on this conviction from BBC Look North. Decent coverage and explains that raptor poisoning is a national issue. Great stuff. Available on BBC iPlayer here for limited period (starts at 11.58 – ends at 14.40).

“Vicious” gamekeeper convicted of killing buzzards

A poisoned buzzard
A poisoned buzzard

The RSPB Investigations Team scored another victory today as a Lincolnshire gamekeeper was convicted of killing two buzzards and possessing the banned poison Carbofuran.

Robert William Hebblewhite, 71, of Appleby, Scunthorpe, was fined £1,950 at Lincoln Magistrates Court.

The two buzzards were found dead in Sept 2011 on land at Bonsall Lane in Blyton, near Gainsborough, where he works as a gamekeeper. Toxicology tests revealed the birds had died from Carbofuran poisoning from poison-laced pheasant carcasses. The RSPB said Hebblewhite was in possession of enough Carbofuran to destroy all the raptors in Lincolnshire.

It’s not known whether Hebblewhite is a member of the National Gamekeepers Organisation. Hopefully they will put out a statement to clarify his membership status and to condemn this disgusting, persistent practice.

Congratulations to the RSPB guys for a successful prosecution. Importantly, he was convicted for actually killing the birds and not just for the lesser offence of possession of poison, which is the result we usually see. Well done indeed.

RSPB press release here