Tag: poisoning

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 dead red kiteA 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 6th 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 6th 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 (29th June until 1st 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 BellA 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.

Significant haul of poisoned baits found on Leadhills Estate

leadhills estateA significant haul of pre-prepared poisoned meat baits has been found on Leadhills Estate, South Lanarkshire. And when we say significant, that’s what we mean. We’re not talking about one or two baits here; we’re talking a considerable number that, if used, would have been part of a comprehensive poisoning campaign.

The poisoned baits were discovered on 8th March 2013. Yes, that’s right, over three months ago. We’ve waited patiently for Police Scotland or NWCU or PAW Scotland to issue a press release about this, but, true to form, they’ve remained silent. During this period they even launched the 2012 poisoning maps, making much of what they called a ‘sharp fall’ in the number of poisoning incidents, even though they were well aware of what had just been uncovered at Leadhills Estate.

Because this is an on-going police investigation there is only limited detail that we’re prepared to publish at this stage. However, in due course, the full story will emerge. It’s worth keeping an eye on a forthcoming website (http://projectraptor.org.uk/) where photographs and film footage will probably appear.

This incident raises many of the usual concerns. Firstly, why has it been kept covered up? Why didn’t Police Scotland (“Keeping People Safe,” according to their website) issue a public safety warning about the discovery of these highly toxic poisoned meat baits that have the potential to kill anyone coming into contact with them? Many people, not just local residents but tourists too, visit the moors around Leadhills for recreational pursuits. Why were they not informed about the risks? That’s not ‘Keeping People Safe’ by any stretch of imagination.

Secondly, why are Police Scotland still making the same fundamental errors that they were making ten years ago in investigations of this type? They sent two marked police vehicles to collect the evidence – thus alerting the would-be poisoners that their stash had been discovered and allowing them an opportunity to hide any other incriminating evidence. This is basic stuff! Did they conduct a search of the surrounding moorland to see if any baits had already been placed? You probably can guess the answer to that.

Why didn’t they attend the scene covertly and install hidden cameras at the site where the poisoned baits were discovered? We all know that without evidence linking a specific person to the baits, a conviction would be virtually impossible to secure. So why not use cameras to film the person(s) coming to the poison storage site and either picking up the baits or replenishing the stash with new baits?

Nobody will be surprised to learn that Leadhills Estate is once again at the centre of another wildlife crime investigation; the latest in a long list dating back at least a decade. The following incidents are known, confirmed persecution incidents (data from RSPB Scotland & Scottish Government) from 2003-2011 (2012 & 2013 data not yet published). This list does not include ‘probable’ or ‘possible’ incidents such as the discovery of buried decomposing carcasses too decayed for analysis:

2003 April: hen harrier shot

2003 April: hen harrier eggs destroyed

2004 May: buzzard shot

2004 May: short-eared owl shot

2004 June: buzzard poisoned (Carbofuran)

2004 June: 4 x poisoned rabbit baits (Carbofuran)

2004 June: crow poisoned (Carbofuran)

2004 July: poisoned rabbit bait (Carbofuran)

2004 July: poisoned rabbit bait (Carbofuran)

2005 February: poisoned rabbit bait (Carbofuran)

2005 April: poisoned buzzard (Carbofuran)

2005 June: poisoned rabbit bait (Carbofuran)

2005 June: poisoned rabbit bait (Carbofuran)

2006 February: poisoned buzzard (Carbofuran)

2006 March: poisoned buzzard (Carbofuran)

2006 March: poisoned pigeon bait (Carbofuran)

2006 April: dead buzzard (persecution method unknown)

2006 May: poisoned rabbit bait (Carbofuran)

2006 May: poisoned rabbit bait (Carbofuran)

2006 May: poisoned egg baits (Carbofuran)

2006 June: poisoned buzzard (Carbofuran)

2006 June: poisoned raven (Carbofuran)

2006 June: 6 x poisoned rabbit baits (Carbofuran)

2006 June: poisoned egg bait (Carbofuran)

2006 September: 5 x poisoned buzzards (Carbofuran)

2006 September: poisoned rabbit bait (Carbofuran)

2006 September: poisoned rabbit bait (Carbofuran)

2007 March: poisoned buzzard (Carbofuran)

2007 April: poisoned red kite (Carbofuran)

2007 May: poisoned buzzard (Carbofuran)

2008 October: poisoned buzzard (Carbofuran) [listed as ‘Nr Leadhills’]

2008 October: poisoned rabbit bait (Carbofuran) [listed as ‘Nr Leadhills’]

2008 November: 3 x poisoned ravens (Carbofuran) [listed as ‘Nr Leadhills’]

2009 March: poisoned rabbit bait (Carbofuran)

2009 March: poisoned raven (Carbofuran)

2009 April: poisoned rabbit bait (Carbofuran)

2009 April: poisoned magpie (Carbofuran)

2009 April: poisoned raven (Carbofuran)

2010 October: short-eared owl shot

2011 March: illegally-set clam trap

2011 December: buzzard shot

2012 October: golden eagle shot (just over boundary with Buccleuch Estate)

The evidence is clear. Poisoning is taking place with virtually total impunity (some would say immunity) on this estate. As far as we can tell, there has only been one successful prosecution for poisoning – a gamekeeper convicted in 2010 for laying out a poisoned rabbit bait (see here).

So why is it that the poisoners, whoever they may be, can keep getting away with it?

Is Leadhills Estate (part of the Hopetoun Estates) a member of the landowners’ organisation, Scottish Land & Estates (SLE)? The Chairman of Hopetoun Estates, the Earl of Hopetoun, is a Director of SLE. If Leadhills Estate is a member, then all of SLE’s talk about condemning illegal raptor persecution and stamping it out is utter hypocrisy. The question of whether Leadhills Estate is an SLE member is one that needs to be raised by the members of the Partnership for Action Against Wildlife Crime (Scotland). SLE plays a prominent role in PAW Scotland and earns considerable kudos for that role (kudos that the organisation is not afraid to use for PR purposes). It is now high time that SLE is asked to provide some transparency about its relationship with Leadhills Estate.

We’d also like to ask Environment Minister Paul Wheelhouse what action he intends to take in light of the latest discovery of poisoned baits at Leadhills Estate? He may well try and dodge the question by saying ‘It’s an on-going police investigation so I can’t comment’. But we’re not asking him to comment on the actual investigation – what we’re asking is whether he’ll keep his earlier promises about introducing new measures to combat raptor persecution if evidence comes to light to demonstrate it is still a problem. Well Paul, here’s your filthy evidence. Now what are you going to do about it? Emails to: ministerforenvironment@scotland.gsi.gov.uk

UPDATE 18.45hrs: BBC journalist David Miller has just posted an article on this incident on the BBC News website (great to see another high profile journalist willing to discuss illegal raptor persecution). You can read his article here.

The article contains the following hilarious quotes:

From Police Scotland: “Police officers, including a wildlife crime liaison officer, were dispatched to the area the same day and following an extensive search, items were found and seized. A number of people were detained by police in connection with this inquiry, which is currently ongoing“.

Hmm, an ‘extensive search’, eh? That’s not what we’d heard!

From Scottish Land and Estates: “It would be inappropriate to comment while the facts of the matter have still to be established. As an organisation, we are actively involved in the Partnership for Action Against Wildlife Crime and our membership undertakes an enormous amount of positive work in this area“.

Er, the facts of the matter have been established. A significant haul of pre-prepared meat baits were found stashed on this estate and government scientists have confirmed the presence of Carbofuran.

Wouldn’t it be ‘inappropriate’ for SLE to remain in the government-led PAW Scotland group, and in the government-led Scottish Raptor Persecution Priority Delivery Group, if it was found that Leadhills Estate was a member of their organisation? Come on PAW Scotland members and SRPPDG members, ask them the bloody question!

From Scottish Gamekeepers’ Association: “Because this appears to be subject of a live investigation, it would not be appropriate to comment other than to reiterate that the Scottish Gamekeepers’ Association does not condone illegal poisoning“.

Perhaps they’ll consider conducting their own investigation again, just as they did with the Deeside eagle case, and let us know what really happened….my money’s on the real culprits being either badgers, buzzards, sparrowhawks, pine martens or goshawks.

 

Buzzard euthanised after caught in illegal leg-hold trap

More than nine weeks ago, a buzzard was caught in an illegal leg-hold trap. According to local sources this happened on land part-managed for gamebird shooting in central Scotland. The buzzard’s injuries were such that it had to be euthanised.

Police Scotland have still not informed the public about this incident. Why not?

It happened in March, before the Easter Bank Holiday. They’ve had almost ten weeks to inform the public. In whose interest is it to keep this incident a dirty little secret?

We’ve blogged about this a million times before. They don’t have to give away details that might compromise an investigation – all they need to say is that an illegally trapped buzzard has been discovered, it didn’t survive its injuries, and a police investigation is underway. It’s really that simple. Here’s a recent example:

Police Wildlife Crime Officers in Devon & Cornwall Police blogged on 27th May 2013 that two dead buzzards, found in suspicious circumstances, had been reported to them that day. A couple of days later they provided an update to say the birds had been retrieved and had been sent off for toxicology analysis.

Here’s another example:

On 22nd May 2013, Gwent Police appealed for information after a shot peregrine falcon had to be euthanised. The shooting had been reported to the police only two days previously, on 20th May 2013 (see here).

Here’s another example:

On 6th April 2013, Norfolk Constabulary issued a press statement to say that a man had been arrested on suspicion of a number of wildlife crime offences after the discovery of over a dozen dead birds of prey. He had been arrested just two days earlier on 4th April 2013 (see here). [Incidentally, this man’s bail expired on 22nd May and we’re waiting to hear the latest development in this case].

So you see it’s quite possible for police forces to release information in a timely manner when they want to. It’s not as though the public aren’t interested in buzzard conservation in Scotland – a recent petition urging the Scottish Government not to licence a buzzard cull has now reached over 20,000 signatures in about a week (see here and please sign it if you haven’t already done so).

 We’ll repeat the question posed earlier: in whose interest is it for Police Scotland to remain silent about this illegally-trapped buzzard?

Environment Minister’s response to continuing raptor persecution

On October 10th 2012, one month into his job, Environment Minister Paul Wheelhouse made the following statement in response to the huge public uproar about the death of the Deeside eagle (see here) –

“The unlawful killing of any raptors has no place in today’s Scotland and we will continue to work hard to eradicate this criminal activity. We believe that the partnership approach with the Partnership for Action Against Wildlife Crime (PAW) Scotland, is bringing the reduction in bird of prey poisoning that can be seen in the statistics in recent years. However we are not complacent and if there is evidence of a switch to other methods of persecution we will take action to bear down on those methods“.

He made a further statement on 28th November 2012 following the discovery on an Aberdeenshire estate of a hen harrier that had been shot dead (see here) –

“We will not tolerate the illegal persecution of protected species such as the hen harrier and, as I have said recently in relation to another shooting [presumably the shot golden eagle found critically injured on an estate in south west Scotland – see here] I am prepared to look at further measures to strengthen and assist enforcement if we continue to see this flouting of the law in respect of protected species“.

Since then a number of further persecution incidents have taken place, some of which have made it into the public domain, whereas others are still being treated as closely-guarded secrets by Police Scotland (why is that, several months after the crimes were discovered?). The ones that have been publicised include:

1. A dead buzzard at Glasserton Estate, Whithorn that was discovered in December 2012 but not reported in the media until 6 March (see here). The press release was vague but we assume this buzzard had been poisoned judging by the location of known poisoning incidents that were included in the PAW Scotland 2012 poisoning maps.

2. A dead buzzard that had been found by the side of a road in Stirlingshire in early February 2013 – later tests showed it had been shot (see here).

3. A dead buzzard that had been found near St Mary’s Loch in the Borders in early March – it had been shot (see here). Following this incident, we tweeted Paul Wheelhouse and asked him if he was ready to take the action he’d promised (see here). He replied: “I will say more when I have a full briefing but my first reaction is instinctive – I’m both disgusted and very much angered“. Seven weeks later we’re still waiting for his statement.

In early April it was reported that the shot golden eagle that had been found on a grouse moor in south west Scotland had finally succumbed to its injuries (see here). This news prompted us to encourage readers to write to Paul Wheelhouse, again, and ask him whether he was now ready to take the action he’d promised. We know that over 100 of you sent emails to him. In early May he responded. The following email is an example of one of the generic responses that were sent out by his aide:

Thank you for your letter to the Minister for Environment and Climate Change, Mr Paul Wheelhouse. I have been asked to respond.

The Minister was saddened to hear that the golden eagle in the care of the SSPCA had to be put to sleep on veterinary advice, due to underlying health conditions as it had been hoped initially that the eagle would make a full recovery. This case involves an ongoing Police and SSPCA investigation, so further comment on that incident is inappropriate.

The Minister welcomed a reduction in confirmed poisoning figures for raptors in March 2013, however he did recognise that other forms of persecution do exist and he has already committed to looking at the development of further measures to end raptor persecution if other methods of persecution prove to be on the increase. Vicarious Liability provisions which came into force in 2012 are still to be tested in court and it is critical to assess the impact of the legislation by this means.

The difficulties in prosecuting wildlife crimes are well documented. Recognising the specialist nature of the investigations required, and legislation covering such criminality, the Crown Office and Procurator Fiscal Service created specialist wildlife and environmental fiscals in 2011. Police reform has also implemented changes with regard to the structure and coordination of wildlife crime officers with a net increase in officers with relevant responsibilities. These changes combined will continue to shape improvements in wildlife crime detection, investigations and prosecutions.

Tackling wildlife crime is a priority for the Minister and he stands by previous comments that he is not prepared to allow these crimes to continue unabated, and without consequence. Partnership working via the Partnership for Action Against Wildlife Crime (PAW) Scotland, which is chaired by the Minister, is key to progress and this path will also continue to be used to deliver a reduction in wildlife crime.

Yours faithfully,

Karen Hunter

Wildlife Crime Policy Officer

It seems to us that Paul Wheelhouse is good on rhetoric but not so good on action. Very disappointing but not at all surprising. It’ll be interesting to see how he responds when he hears about the other examples of ‘continued flouting of the law’, that have happened right under his nose. He might want to have a chat with Police Scotland and ask them what they’re keeping from public view, and why……

Sea eagle chicks hatched in Ireland – first for over 100 years!

An historic conservation success has been achieved in Ireland as two pairs of white-tailed eagles have produced chicks in the last week – the first for over 100 years!

The chicks are the result of a long-term project to reintroduce sea eagles to Ireland after they were ruthlessly persecuted to extinction in the early 20th century. Beginning in 2007, the Golden Eagle Trust, an Irish conservation charity, in collaboration with the National Parks and Wildlife Service, began to release young sea eagles that had been donated by the Norwegian government. One hundred sea eagles were released in Killarney National Park, County Kerry, between 2007-2011 (see photo).

Last year one pair successfully laid eggs but unfortunately they failed to hatch. This is quite common for young, inexperienced eagles and this year, along with another pair, they’ve managed to produce chicks.

The project has not been without problems – many of the birds were wing-tagged and radio-tagged to follow their movements from the release site and this revealed that a number of them became victims of poisoning, shooting and windfarm collision. Others fared better though and a number have been reported in Northern Ireland and further afield in Scotland.

Many many congratulations to Project Manager Dr Allan Mee and his colleagues at the Golden Eagle Trust. These people are making history, not just with the sea eagle reintroduction but with similar projects for golden eagles and red kites too; species that also became extinct in Ireland as a direct result of persecution.

Golden Eagle Trust press release here

Golden eagle protection discussed in parliament

Great to see more MSPs raising questions about golden eagles in the Scottish Parliament….

Joan McAlpine (South Scotland) (SNP): To ask the Scottish Government what steps it is taking to protect golden eagles. (S4O-02010).

The Minister for Environment and Climate Change (Paul Wheelhouse): All wild birds are protected in Scotland under the Wildlife and Countryside Act 1981. Golden eagles are listed in schedule 1 to the 1981 act, which provides further protection measures to prevent disturbance to nesting birds. Last month, we added golden eagles to schedules A1 and 1A to the 1981 act, to provide year-round protection for nest sites and protect birds from harassment.

Since 2008, we have broadened and developed the partnership for action against wildlife crime in Scotland—PAW Scotland; strengthened the legal framework by introducing vicarious liability; provided funding for the national wildlife crime unit; and supported initiatives to tag and satellite track golden eagles. Recent police reform has increased the number of specialist wildlife crime officers.

We have been active in the fight against raptor persecution, and poisoning has reduced significantly. However, we are in no way complacent and we are actively considering whether other methods of persecution are being deployed. Some of the new wildlife crime measures that we have put in place are yet to be tested, but we know that there is still a problem in some parts of Scotland, and I reiterate to people outside the Parliament that we stand ready to introduce further measures, should that be necessary.

May2012 GE tayside grampianJoan McAlpine: As the minister acknowledged, there have been a number of shocking incidents across Scotland during the past year. Earlier this month, a golden eagle was shot on the southern upland way. In light of that, will the minister reassure the Parliament that investigations into the illegal killing of eagles are carried out quickly and effectively? Is he willing to update the Parliament on the investigation into the killing of the golden eagle that was found on Deeside in May 2012?

Paul Wheelhouse: As I said, police reform has resulted in a revised structure for wildlife crime, which will improve co-ordination and support for wildlife crime officers. I have every confidence in Assistant Chief Constable Graham, who has been appointed to lead the work. We also have a specialist unit in the Crown Office, which ensures that there is greater understanding of the complexities of this area of the law, in and out of the courtroom. That is a major development, which should not be underestimated and which will increase the focus on wildlife crime.

I assure the member and the Parliament that such measures, along with robust working in the partnership for action against wildlife crime in Scotland, will ensure that investigations are carried out as quickly and effectively as possible. PAW Scotland is looking at making the evidential trail on issues such as raptor persecution more robust, if it is possible to do so, which involves working closely with the Scottish raptor persecution priority delivery group.

I am not in a position to update the Parliament on the 2012 Deeside eagle case. There is an on-going police investigation and it would be entirely inappropriate for me to comment at this point.

[Ed: this issue about when is a case still ‘live’ is of great interest to us. How do you define when a case is still live/on-going? We would expect the definition to mean that active leads are still being followed up and/or a court case is pending. However, we are suspicious that the regularly-heard phrase ‘it’s an on-going police investigation and therefore can’t be discussed’ is a convenient excuse for the police/government to avoid answering serious questions about the effectiveness of these investigations. Take the Deeside eagle case as an example. That golden eagle was found dead almost one year ago. Are we expected to believe that the police are still following up active leads? Come on, let’s be realistic here. How about some of the other 26 cases of either dead or ‘missing’ eagles in the past seven years (see here), for which no-one has been prosecuted? Are they still ‘on-going’ investigations as well? Are the police still investigating the death of Alma, the golden eagle found poisoned on Millden Estate in 2009? How about the poisoning of the last remaining breeding golden eagle in the Borders in 2007? We would like to see much more transparency about these cases – obviously not while they’re genuinely on-going – but when a case is clearly going nowhere shouldn’t there be a point when questions can be asked, and answered, no? We would be very interested to hear from anyone who can tell us the official definition of how an ‘active case’ is defined and at what point, if any, can the police/government be questioned about an incident?]

Graeme Pearson (South Scotland) (Lab): I am sure that members welcome the drop in reported poisonings of birds of prey, but I am concerned that there has been no decline in other forms of raptor persecution. The Wildlife and Natural Environment (Scotland) Act 2011 introduced vicarious liability, to combat raptor persecution. Will the minister indicate what the next steps will be? Now that Police Scotland has been established, what new approaches will be introduced?

Paul Wheelhouse: Graeme Pearson is right to say that vicarious liability is a significant development in the law on wildlife crime. The provisions came into force on 1 January 2012 and the legislation has not yet been tested in court, as he is aware. I believe, however, that the legislation has had the welcome effect of encouraging responsible land managers to examine the training of and procedures for their staff. I have no doubt that, if a land manager or owner is prosecuted under the provisions, it will have a salutary effect on others who have been content to turn a blind eye to unlawful practices that are carried out on their land.

More generally, the Government is doing everything that it can to encourage good practice. Recently, Scottish Land & Estates launched the wildlife estates Scotland initiative, which I hope will gather arms and legs and cover an ever-greater share of landowners. In theory, that will enable the promotion of the most proactive and progressive conservation measures by land managers. However, I reassure the member that, if the measures under vicarious liability prove to be ineffective, I will take further action.

Jamie McGrigor (Highlands and Islands) (Con): The RSPB states that one of the key problems for the survival of golden eagles is the lack of live prey that is available to the species. Does the minister agree that a healthy supply of food species in golden eagle areas, such as rabbits and mountain hares, is a factor in the maintenance of healthy numbers of golden eagles? Is he, through the appropriate agencies, doing something about the decline of those species in some areas?

Paul Wheelhouse: The member raises an important point about the need for golden eagles to have adequate food supplies. It is not as simple as saying that it is all about raptor persecution; we know that there are multiple influences on the sad decline in the populations of a number of our key, iconic species of birds. Clearly, mountain hares are a species that we want to protect. If there was any persecution of those animals by land managers, we would be concerned about it. If the member has constructive proposals that he would like me to consider, I would be happy to meet him to discuss the issues.