Tag: poisoning

Inadequate response by Scottish Minister Jim Fairlie to parliamentary question on use & abuse of rodenticides

Last month conservation campaign group Wild Justice published a detailed report on the impact of the mis-use and abuse of second generation rodenticides (SGARs) on red kites and buzzards in England and the failure of the Government’s Rodenticide Stewardship Scheme, which had been set up in 2016 to reduce the amount of rodenticides in wildlife (see here for press release and a copy of the Wild Justice report, ‘Collateral Damage‘).

Brodifacoum bait station illegally set on the edge of a grouse moor in the Yorkshire Dales National Park. Photo by Ruth Tingay
Brodifacoum. Photo by Ruth Tingay

On the back of the publication of Wild Justice’s report, Scottish Greens MSP Ariane Burgess lodged the following parliamentary question on 19th November 2024:

Question reference S6W-31459

To ask the Scottish Government, in light of the latest report, Collateral Damage, by the UK campaign group, Wild Justice, which states that the Rodenticide Stewardship Scheme in England “is a failed scheme”, and other reports that have indicated increased exposure to anticoagulant rodenticides in common buzzards in Scotland, whether it has assessed the effectiveness of the rodenticide scheme in Scotland.

The question was answered by Agricultural Minister Jim Fairlie on 3rd December 2024:

The Scottish Government continues to contribute to UK-wide monitoring of rodenticide use and exposure in wildlife. There is evidence that many users of rodenticides are complying with the Campaign for Responsible Rodenticide Use’s (CRRU) Rodenticide Stewardship Scheme (RSS), and that in Scotland rodenticide use in agriculture has substantially declined since the introduction of the scheme. But, despite this, recent environmental data for Scotland indicate that it has not yet achieved the aim of significantly reducing wildlife exposure.

Both the UK Government Oversight Group, which includes Scottish Government representation, and CRRU have acknowledged that rodenticide residues in UK wildlife have not declined as hoped. The RSS is being updated firstly to ban the use of second generation anticoagulant rodenticides (SGARs) bromadiolone and difenacoum for open area use from the end of this year. This means no SGARs will be available for open area use; this is also intended to reduce accidental or deliberate misuse of other products in open areas. Secondly, training requirements for the farming sector are also being brought in line with other sectors from end 2025 to ensure a consistent level of professional training across all sectors and reduce the risk of poor practice.

Whilst it’s true that legal authorisation is being rescinded for the use of the SGARs Bromadiolone and Difenacoum in open areas (see press release on this from June 2023, here), it is very clear from the Wild Justice report that the total increase of SGAR exposure in red kites and buzzards in England is being driven by a dramatic increase in the use/mis-use of Brodifacoum, not by Bromadiolone or Difenacoum.

Fig 3 from Wild Justice’s Collateral Damage report (p8) showing the percentage of buzzards and red kites analysed by the WIIS that contained different concentrations of Brodifacoum, Bromadiolone and Difenacoum.

Brodifacoum is the dominant SGAR being found in birds of prey and is more toxic than Bromadiolone and Difenacoum. It used to be restricted to internal use only, until the Government decided to relax that regulation and permit its use ‘in and around buildings’ – a regulation that is obviously being breached routinely given the high levels of exposure in birds of prey (e.g. here).

From January 2025, Bromadiolone and Difenacoum will also be permitted for use ‘in and around buildings’, but there are no proposed tighter rules on the use of Brodifacoum.

Minister Fairlie suggests that a restriction against any use in open areas of any SGAR is intended to reduce accidental or deliberate mis-use of other products in open areas and that new training requirements for all users (not just professional pest controllers) will ‘reduce the risk of poor practice’.

I suppose he’s thinking that this standardisation will remove any supposed ‘confusion’ between the use of different products. However, given that Brodifacoum is already supposedly restricted to use only ‘in and around buildings’, yet has been used with increasing frequency by gamekeepers for targeting birds of prey, Wild Justice argues that the new legal restrictions are unlikely to improve things significantly.

The Wild Justice report suggests that a better option is to return Brodifacoum to its pre-April 2016 approval status, so that it can be used in strict ‘internal areas’ within buildings, and to limit its use to professional pest control companies.

For those who might have missed it, Wild Justice’s Collateral Damage report can be read/downloaded here:

collateral_damage_wild_justice-report-nov2024Download

Lincolnshire man faces trial in relation to poisoned red kite & buzzards

Further to the blog on 30 September 2024 (here) and 17 October 2024 (here), a trial date has been set for a Lincolnshire man in relation to the discovery of a poisoned red kite and two buzzards between 2017 and 2022.

Buzzard photo by Ruth Tingay

John Bryant, 40, of West Ashby, Horncastle, appeared at Boston Magistrates Court on 20 November 2024 where he pleaded not guilty to two charges of using a trap to kill or take a wild bird, six charges of possessing an article capable of being used to commit a summary offence, and two charges of contravening health & safety regulations.

Mr Bryant was released on unconditional bail and a trial date was set for 6 March 2025.

NB: As this case is live comments are turned off until criminal proceedings have concluded.

UPDATE 12 March 2025: Lincolnshire gamekeeper guilty of multiple offences in relation to deaths of red kite and buzzards (here)

New report from Wild Justice reveals birds of prey being poisoned by shocking level of misuse & abuse of rodenticides

Press release from Wild Justice:

Another Silent Spring? A UK Government scheme to prevent the widespread poisoning of wildlife by rodenticides is failing.

Increasingly high levels of rodenticides (Rat poisons) have been found in Buzzards and Red Kites, and the Government is ignoring the evidence.

  • A report by Wild Justice highlights that the exposure of birds of prey to rodenticides in England has increased since a government scheme was introduced in 2015 to try and combat the problem. 
  • Data from Red Kites and Buzzards, from both before and after the Rodenticide Stewardship Scheme (RSS) was introduced, show that anticoagulant rodenticides are now found in the livers of most dead birds that are tested, often at high levels.
  • Between 2020 and 2022, almost three quarters of tested Buzzards had been poisoned by rodenticides that are supposed to be restricted for use in and around buildings, including highly toxic Brodifacoum. This shows rodenticides aren’t being used correctly and that the use of these products requires stricter regulation, monitoring and enforcement.

Rodenticides are now being found in the livers of most dead Buzzards and Red Kites tested, according to a new report by conservation campaign group Wild Justice.

Using data obtained through Freedom of Information Requests, Wild Justice’s ‘Collateral Damage’ report presents the results of Government laboratory tests for 366 Buzzards and 173 Red Kites that had been submitted to the Wildlife Incident Investigation Scheme (WIIS) in England during the period 2005 to 2022. The report shows that in recent years nearly all these raptors had tested positive for Rat poison, often in high amounts.

A poisoned red kite. Photo by Dr Marc Ruddock

Rat poisons are toxins (Second Generation Anticoagulant Rodenticides, or SGARs) and are used extensively in game-keepering, farming and for pest control. It has been known for many years that these poisons don’t just kill targeted Rats. Poisoned Rats store the toxin in their liver and typically die several days after exposure. However, any animal eating the dying or dead Rat will also receive a dose of the toxin, resulting in the death of many species up the food chain, especially scavenging species such as Buzzards and Red Kites.

In 2012 the UK Health and Safety Executive carried out an environmental risk assessment on the use of SGARs and concluded that, due to the risk of secondary poisoning to wildlife, the poisons should not be used outdoors. However, the UK Government rejected this risk assessment and permitted the continued outdoor use of SGARs outdoors, even relaxing the regime to allow the external use of more toxic poisons such as Brodifacoum. Previously Brodifacoum was only allowed for use indoors.

The continued outdoor use of SGARs was on the condition that professional users complied with guidance known as the Rodenticide Stewardship Scheme (RSS) which was established in 2015. The aim of the RSS was to reduce SGAR exposure in wildlife resulting from improved Rat control working practices. The effectiveness of the RSS would be assessed by monitoring poison levels in wildlife, with a commitment to reduce SGAR exposure by 30% by 2020.

On the contrary, Wild Justice’s results demonstrate that rodenticide poisoning has actually increased during this period, not decreased.

Wild Justice compared data from birds tested before the introduction of the RSS in 2015, to those afterwards. Between 2005 and 2010 over 50% of dead Buzzards tested did not have any rodenticides in their livers. But in those tested between 2020 and 2022, over 90% of dead Buzzards had some level of rodenticide in their livers.

The data also show that in addition to the increasing number of Buzzards testing positive for rodenticide, there’s also been an increase in the number of birds containing very high levels of the poison. In Buzzards tested between 2005 and 2010, less than 2% contained over 0.3mg/kg (milligrams per kilogram) of SGAR poison in their livers, an amount considered to be very high. Yet in those tested between 2020 and 2022, nearly a quarter had over that amount.

An even starker picture was painted when looking at data for Red Kites. 15% of Red Kites tested between 2005 and 2010 contained these very high levels, whereas in those tested between 2020 and 2022, two thirds (66%) of birds had over 0.3mg/kg of SGAR rodenticide in their livers. In 2020-2022, none of the Red Kites tested were rodenticide free, and almost 90% had very high levels of poison.

Rodenticides are readily available, both for use by industry and for domestic purposes. There are different types of poisons available on the market, and many birds had been exposed to more than one type, with twelve of the Buzzards tested exposed to four different poisons. In Buzzards testing positive for rodenticide between 2020 and 2022, almost three quarters involved poisons that are supposed to be restricted for use in and around buildings, including highly toxic Brodifacoum.

Wild Justice believe this is partly the result of poisons being used illegally away from buildings. At the start of the survey period (2005 to 2012) these toxins were restricted to use within buildings only, and were generally marketed to professional pest controllers, rather than to gamekeepers and farmers. Now they appear to be in regular use by these groups, including illegally in open field situations away from buildings. This is the only explanation for such widespread levels of rodenticide found in Buzzards and Red Kites and shows that the use of these products requires stricter regulation, monitoring and enforcement.

Brodifacoum bait station illegally set on the edge of a grouse moor in the Yorkshire Dales National Park. Photo by Ruth Tingay
Brodifacoum. Photo by Ruth Tingay

Buzzards and Red Kites serve as indicators of a wider problem that will affect other predators and scavengers, including scarce and declining species. There are lots of species that eat rodents (not just Rats), meaning other birds like Kestrels and Barn Owls are also at risk. Wild Justice is calling for urgent regulatory changes to limit the availability and use of these products for the benefit of wildlife.

A spokesperson for Wild Justice said:

‘The Rodenticide Stewardship Scheme is a failed scheme, which the government should recognise. It is ridiculous that such dangerous, hazardous substances are escaping stricter regulation, especially when the evidence shows they are poisoning wildlife on a widespread scale, and even being used deliberately and illegally to do so. Our report reveals just the tip of the iceberg – such high levels of these poisons being found in birds of prey should be ringing alarm bells’.

ENDS

Wild Justice’s new report can be read/downloaded here:

Collateral_Damage_Wild_Justice report Nov2024Download

UPDATE 10th December 2024: Inadequate response by Scottish Minister Jim Fairlie to parliamentary question on use & abuse of rodenticides (here)

Red kite found poisoned in Highlands

Press release from RSPB (5th November 2024):

RED KITE FOUND POISONED IN HIGHLANDS

  • The bird had consumed a banned pesticide which has a history of being used to kill birds of prey.
  • Red Kites are fully protected by law, and to kill or harm one could result in jail.
  • The illegal poisoning of birds of prey is a national issue and poses a potentially deadly danger to people, pets and wildlife.

A protected Red Kite endured an ‘agonising death’ after being killed by a banned pesticide, one quarter of a teaspoon of which is enough to kill a human.

RSPB Scotland received a call in April 2024 from a dog walker who had found a red kite dead on the ground near to a popular woodland walking trail, adjacent to hill farm land at Spinningdale, near Dornoch in East Sutherland.

RSPB Investigators notified Police Scotland, collected the bird and sent it for a post-mortem examination and toxicology analysis. The results were consistent with Carbofuran poisoning being the cause of the bird’s death, a pesticide banned for over 20 years. 

Police Scotland and partner agencies conducted a search of the area but found no evidence that enabled them to identify a suspect. 

It is a crime to kill or attempt to kill a bird of prey, and anyone caught doing so faces a fine or even jail. 

Red kite photo by Andy Howard

The latest Birdcrime report, released last month found there were 159 poisoning incidents involving birds of prey between 2009-2024 in Scotland. In recent years, Carbofuran has become the pesticide most frequently associated with bird of prey persecution.

And of all UK counties, the Highland area had the second highest number of confirmed incidents of raptor persecution during the same 15-year period.

Ian Thomson, RSPB Investigations Manager, said: 

“We are very grateful to the person that found this dead kite for reporting it to us. It is appalling that individuals are still using this poison, decades after it was banned, and this bird will have suffered an agonising and horrific death.

Carbofuran is a highly toxic substance and is one of several banned pesticides still used by criminals targeting birds of prey or other protected wildlife. Its possession or use is illegal and placing it out in the open poses a potentially deadly and indiscriminate risk not only to wildlife but to people and pets.

We ask anyone using the area to be vigilant if they find anything suspicious, don’t touch, but do take photos and report to Police Scotland immediately on 101.” 

If you notice a dead or injured bird of prey in suspicious circumstances, call Police Scotland on 101 and fill in the RSPB’s online reporting form here.

If you have information about anyone killing birds of prey which you wish to report anonymously, call the RSPB’s confidential Raptor Crime Hotline on 0300 999 0101.

ENDS

Lincolnshire man in court facing charges related to poisoning of red kite and buzzards

Further to the blog on 30 September 2024 (here), a man attended court yesterday after being summoned in relation to the illegal poisoning of a red kite and two buzzards between 2017 and 2022.

Red kite photo by Andy Howard

John Bryant, 40, of West Ashby, Horncastle, Lincs appeared at Boston Magistrates Court on 16 October 2024 where he confirmed his name, age and address. He didn’t enter a plea.

The case was continued and Bryant will appear again on 20th November 2024.

NB: As this case is live comments are turned off until criminal proceedings have concluded.

UPDATE 24 November 2024: Lincolnshire man faces trial in relation to poisoned red kite and buzzards (here)

UPDATE 12 March 2025: Lincolnshire gamekeeper guilty of multiple offences in relation to deaths of red kite and buzzards (here)

Lincolnshire man summonsed to court in relation to poisoning of red kite & buzzards

Statement from Lincolnshire Police, 30 September 2024:

A 40-year-old man has been summoned to court for offences relating to killing or taking birds of prey.

John Bryant, of West Ashby, Horncastle, has been summoned to court following an investigation into reports of three birds of prey, a red kite and two buzzards, being poisoned and killed over a five year period between 2017 and 2022.

He will appear at Boston Magistrates’ Court on 16 October 2024.

ENDS

No further details are available yet.

NB: As this case is live comments are turned off until criminal proceedings have concluded.

Red kite photo by Andy Howard

UPDATE 17 October 2024: Lincolnshire man in court facing charges relating to poisoning of red kite and buzzards (here)

UPDATE 24 November 2024: Lincolnshire man faces trial in relation to poisoned red kite and buzzards (here)

UPDATE 12 March 2025: Lincolnshire gamekeeper guilty of multiple offences in relation to deaths of red kite and buzzards (here)

White-tailed eagles: First breeding pair confirmed in Northern Ireland in over 150 years

Press release from Northern Ireland Raptor Study Group:

White-tailed eagles: First breeding pair confirmed in Northern Ireland in over 150 years

White-tailed Eagles have bred in Northern Ireland for the first time in more than 150 years in Co. Fermanagh.

News of the discovery was welcomed by the Northern Ireland Raptor Study Group (NIRSG) and RSPB.

White-tailed Eagles, a native component of Irish wildlife, were reintroduced to Ireland by the Golden Eagle Trust (GET) and National Parks and Wildlife Service (NPWS) between 2007 and 2011, with the aim of establishing a viable population following extinction from Ireland in the late 19th century.

White-tailed eagle photo by Dr Marc Ruddock

From 2007 to 2011, 100 eagle chicks were brought from Norway and were released in Killarney National Park, Co. Kerry. Phase 2 of the reintroduction, by NPWS, continued in 2020 with more young individuals released at a number of sites across Ireland to bolster the population. Released birds were wing-tagged, with tag colours relating to their year of birth and codes to identify individuals, and many were fitted with satellite tags to provide accurate details of their locations.

The pair that have bred in Northern Ireland are only four years old and were released on the shores of Lough Derg, Co Tipperary in 2020, having been brought from Norway in phase 2 of the Irish reintroduction programme. It is an incredible achievement that this pair of first-time breeders, have successfully fledged one chick. The success of this pioneering couple confirms that the wetlands, woodlands and farmlands of Co. Fermanagh provide ideal habitats for this species.

The White-tailed Eagle, or ‘sea eagle’, is the UK’s largest bird of prey, standing at almost 1 meter tall, with a huge wingspan of up to 2.4 metres and a distinctive white tail, as their name suggests.  The wings are very broad, and the birds are often described as a ‘flying barn door’.

Young White-tailed Eagles often roam widely in their first few years of life, before finding a breeding territory and a mate.  They are found near open water, either coastal or fresh. They can live to over 20 years of age, and usually begin breeding at 5 years old. They depend on the availability of large, mature trees in undisturbed areas in which to build their nests and good quality foraging and fishing habitats.

Dr Eimear Rooney from NIRSG said “The confirmation of this eagle species breeding in Northern Ireland corrects a multi-generational absence, symbolising the restoration of a once extinct species and highlighting the importance of wetlands, woodlands and farmland habitats on which many of our raptors depend”.

“From reviewing satellite data provided by NPWS we had an idea that the birds were nesting, but with young eagles nothing is guaranteed. I can’t describe the adrenalin rush the moment I saw the chick earlier this year and confirmed that the birds were not only nesting but had successfully reared a chick” she said.

The well camouflaged WTE chick on the nest. Photo: NIRSG

Dean Jones, Investigations Officer from RSPB NI said: “The return of breeding White-tailed eagles to Northern Ireland is a true testament to the power of conservation and really showcases the awe-inspiring resilience and adaptability of our natural world.  The poisoning of the two White-tailed eagles in Glenwherry in May 2023 was devastating, however, to have this pair breeding successfully, under the protection of a caring local farmer, really illustrates how humans and birds of prey can exist in harmony.”

Dr Marc Ruddock, from the NIRSG said “We had been anticipating this for a few years and the reintroduction programmes, has resulted in real conservation successes across the Island of Ireland. It’s a great result for the dedication and hard work of many individuals for many years and testament to the resilience of nature and wildlife in its capacity for restoration and renewal if given the space and habitats to thrive.”

Gregory Woulahan, Operations Director from RSPB NI praised the efforts of the local farmer whose actions to keep the site private and minimise disturbance no doubt created the conditions for these young birds to rear their first chick.  It is hoped this chick will reach adulthood and return to breed in 4-6 years boosting the population of these birds alongside creating tourism opportunities for the rural economy and the implementation of further efforts to boost and restore spaces for nature.

ENDS

‘It’s all so unfair!’ – shooting organisations still whining about new grouse moor licences in Scotland

Apparently there won’t be much grouse shooting taking place this year when the season opens on Monday (12th August). According to various reports from the grouse shooting industry, this is due to a combination of factors including a cold wet spring and an extraordinarily high worm burden on many moors.

Red grouse photo by Ruth Tingay

They may not be shooting many red grouse but they’re more than making up for it by shooting themselves in the foot instead, particularly in Scotland.

I’ve read quite a few newspaper articles in the last few days about the so-called Glorious 12th but a couple of them stood out – whoever is advising the shooting organisations on their PR strategy is hanging them out to dry! Not that I’m complaining, if they want to make complete fools of themselves it saves me a job.

The first article that made me laugh out loud was an opinion piece in The Scotsman by Peter Clark, BASC’s Scotland Director:

I’m not going to reproduce the whole article because it’s too dull – you can read it here if you want to – but I do want to highlight a couple of points.

His opening paragraph goes like this:

“Grouse shooting is crucial to rural upland communities, with the start of the season representing the culmination of a year’s hard work, grit, and determination. Unfortunately, this season doesn’t look as promising as previous ones, with counts looking less positive“.

I wondered if the grit he refers to is the tonnes and tonnes of toxic, medicated grit that grouse moor managers chuck out on the moors, with minimal regulation, to medicate the so-called ‘wild’ red grouse to stop the natural, cyclical population crashes caused by parasites? I somehow doubt it – the industry’s leaders prefer to keep this dodgy practice under the radar.

Peter’s article goes on (and on) about how much shooting is worth to the economy, but predictably he lumps ALL types of shooting together rather than just focusing on grouse shooting, presumably to make grouse shooting look more economically viable than it actually is. It’s a common tactic. He also fails to include in his calculations the economic costs of grouse shooting to society. Again, a common ploy by the defenders of this so-called ‘sport’.

But the real PR disaster comes further down the article where he’s discussing the new grouse moor licences that have been introduced for the first time this year as the Scottish Government’s latest attempt to stop the illegal persecution of birds of prey on grouse moors. Peter writes:

“We clearly communicated to Jim Fairlie, the Scottish Government’s minister for agriculture and connectivity, before the Wildlife Management Bill became an Act that he should pursue amendments to make it more practical.

These proposed adjustments included removing provisions for adding additional game bird species to the shooting licenses, eliminating expanded investigative powers for the Scottish Society for Prevention of Cruelty to Animals, and refining the scope of what are considered to be “relevant offences” under the licencing scheme. These offences include those under wildlife legislation, ranging from the Wildlife and Countryside Act 1981, right through to the new Hunting with Dogs (Scotland) Act 2023. The British Association for Shooting and Conservation (BASC) was clear that the scope of the relevant offences was too broad, given that the sole focus of this licensing regime from its inception was to tackle raptor persecution. 

Despite presenting strong evidence of the risks these aspects pose to the sector, our specific proposed changes were not included. While the BASC and other shooting organisations successfully won amendments to the Bill and challenged many aspects of what was originally proposed, ultimately, the shooting community now faces new layers of regulation. 

Consequently, BASC is defending its members and seeking legal advice regarding the final version of the licensing scheme, which has now been implemented ahead of the start of the season“.

So let me get this right. Peter seems to be arguing that it’s just not fair that grouse shooting licences could be suspended and/or revoked if offences, other than those relating to raptor persecution, such as badger persecution or the hunting of foxes with more than two dogs, are uncovered on grouse moors!

“BASC is defending its members…” he says. What, by saying that BASC members shouldn’t be sanctioned if these other types of wildlife crime are uncovered??

Is he for real?!!

BASC is not alone in making the industry look ridiculous. In another article, published yesterday in the Guardian (here), BASC, along with industry lobby groups Scottish Land and Estates (SLE) and the Game and Wildlife Conservation Trust (GWCT) are also arguing that the licensable area to which these new regulations apply should be restricted to just the grouse moor area and that’s it’s ‘unnecessary and unfair‘ if the licence applies to other parts of an estate.

Eh? Where’s the logic in that? It’s blindingly obvious that estates would simply restrict their illegal activities to estate land next to the grouse moor, e.g. shooting a sleeping eagle as it roosts in trees on the edge of the moor, thus carefully avoiding culpability and a licence sanction, let alone a criminal prosecution.

The raptor killers have been exploiting this loophole for a long time – the most favoured practice being placing poisoned bait on the tops of fenceposts on an estate’s boundary line, especially at the top of a hill, making it more likely that a poisoned raptor will die further downhill on an adjoining estate and thus putting that neighbouring estate in the frame for the illegal poisoning.

As for the extent of the licence coverage being “unnecessary“, if that were so, why would the shooting organisations be so keen to limit the licence’s geographical extent if they’ve got nothing to hide?

There’s a quote at the end of the Guardian piece from Professor Colin Galbraith, Chair of NatureScot’s Board, discussing the entire coverage of an estate with a licence:

“If they’re not doing anything wrong, why worry about it?“.

Quite.

Poisoned buzzard leads to discovery of multiple pesticide offences – Ashley Game Farm & Director Christopher Hodgson fined £40,000+

Press release from RSPB (18th July 2024):

POISONED BUZZARD LEADS TO ASHLEY GAME FARM & THE COMPANY’S DIRECTOR PAYING OVER £40,000 IN FINES

  • The discovery of a poisoned Buzzard next to a poisoned bait led to the search of a gamebird breeding farm in Chulmleigh, Devon conducted by Devon and Cornwall Police in March 2021.
  • A number of pesticides offences were discovered including the presence of Carbofuran, the same highly toxic chemical found on the poison bait that had killed the Buzzard.
  • On 18 July 2024 after pleading guilty to multiple pesticide offences Ashley Game Farm Ltd was ordered to pay £40,000 in fines and the company’s Director, Christopher Hodgson, was fined £1,500.

In October 2020, a member of the public discovered a dead Buzzard– a protected species under the Wildlife and Countryside Act 1981 – lying on top of a pheasant carcass by a pheasant release pen, near Hollocombe in Devon, and promptly reported it to Devon and Cornwall Police.

The two birds and a second dead pheasant found nearby were submitted by the police to the Government’s Wildlife Incident Investigation Scheme (WIIS) for examination and toxicology testing. Meat found in the Buzzard’s beak and both pheasant carcasses tested positive for Carbofuran. This evidence confirmed that the Buzzard had died as a result of feeding on the illegally placed poison baits.

In March 2021, following the toxicology results, a search of land, buildings and vehicles led by Devon and Cornwall police, supported by the National Wildlife Crime Unit, Natural England and the RSPB, took place at Ashley Game Farm in Chulmleigh, Devon. During the search significant amounts of prohibited and unauthorised pesticides and veterinary medicines were found stored around the property. A forensic search of two vehicles detected positive traces of the banned pesticide Carbofuran – the same banned pesticide which had been found on the pheasant carcasses and which had caused the Buzzard’s death.

Photo by RSPB Investigations

Ashley Game Farm is a member of the Game Farmers Association and a leading UK supplier of game birds including (Pheasant and Red-legged Partridge) which are sold as young birds to shooting estates across the UK and Europe, where in many cases they are reared and released to be commercially shot. 

The insecticide Carbofuran has been banned in the UK since 2001 because of its high toxicity and associated risks. Although the storage and use of any product containing Carbofuran is an offence, it is one of the most commonly abused substances associated with the illegal poisoning of birds of prey, accounting for almost one third of all bird of prey persecution poisoning incidents in England between 2018 and 2022.

The practice of laying poisoned baits to persecute protected birds of prey is often associated with areas managed for gamebird shooting where these birds are perceived by some as a threat to gamebird stocks. Deliberate poisoning has resulted in the death of many species of protected birds of prey over decades. Historic incidents have shown this indiscriminate illegal practice has also resulted in the death of domestic animals and poses significant risks to humans, wildlife and the environment.

On 18 July 2024 at Exeter Magistrates Court, Ashley Game Farm and the Director of the company were charged with the following offences:

Ashley Game Farm:

  1. On or before 26/03/2021 at Ashley Game Farm Limited, namely stored a plant protection product, namely Rivett MAPP 11300, without a valid authorisation or permission granted in accordance with Retained EU Regulation 1107/2009.  Contrary to section 24 and 27 of the Plant Protection Products (Sustainable Use) Regulations 2012.
  2. Between 01/10/2020 and 27/03/2021 at Ashley Game Farm Limited, used a plant protection product, namely Carbofuran, in contravention of Article 28 (1) of Retained EU Regs 1107/2009.  Contrary to section 24 and 27 of the Plant Protection Products (Sustainable Use) Regulations 2012.
  3. On or before 26/03/2021 at Ashley Game Farm Limited, used a Biocidal product, namely Lodi’s Sapphire Grain otherwise in accordance with the terms and conditions of its authorisation under Article 22 (1) and the labelling and packaging requirements of Article 69.  Contrary to section 24 and 27 of the Plant Protection Products (Sustainable Use) Regulations 2012.
  4. On or before 26/03/2021 at Chulmleigh contravened a requirement imposed by a prohibition notice served under section 22 of the Health and Safety at Work etc Act 1974 in that used a Biocidal product, namely Mole Valley Farmers Difenacoum Cut Wheat Rat Bait without authorisation being in force allowing for its use.  Contrary to sections 22 and 33(1)(g) of the Health and Safety at Work etc Act 1974.
  5. On or before 26/03/2021 at Chulmleigh in the county of Devon possessed an unauthorised veterinary medicinal product, namely possessed an unauthorised veterinary medical product, namely Dimetridazole (DMZ).  Contrary to regulations 26(1), 43(r) and 44(1) of the Veterinary Medicines Regulations 2013.

Christopher Hodgson, Director of Ashley Game Farm:

  1. On or before 26/03/2021 at being a Director of Ashley Game Farm Limited, a body corporate who had committed an offence, stored a plant protection product, namely Rivett MAPP 11300, without a valid authorisation or permission granted in accordance with Retained EU Regulation 1107/2009 and the offence was committed with the consent or connivance, or attributable to the neglect of Christopher Hodgson.  Contrary to section 24 and 27 of the Plant Protection Products (Sustainable Use) Regulations 2012.

The company Ashley Game Farm Ltd pleaded guilty to all five charges and was ordered to pay £40,000 in fines and £590 in costs. Christopher Hodgson pleaded guilty to the one offence and was ordered to pay £1,500 in fines and £150 in costs. 

Mark Thomas, RSPB Head of Investigations UK: “Yet again the discovery a dead bird of prey and poisoned baits leads to the detection of lethal banned poisons. This is the latest example of highly toxic pesticides being stored and used illegally in connection with the gamebird industry. As past cases have demonstrated these chemicals are extremely hazardous to our wildlife and environment, but also pose a considerable risk to members of the public and domestic animals. In this case, we welcome the significant fines despite not knowing who exactly killed the protected bird of prey.”

Howard Jones, RSPB Senior Investigations Officer: We would like to thank Devon and Cornwall Police, Natural England, NWCU, CPS and Defra. This successful outcome was the result of some incredibly effective partnership working. The fact that Carbofuran is still being found 20 years after it was banned shows the lack of reform, as the law stipulates, being shown by some within the gamebird industry. As this case has shown, individuals and businesses that chose to store and use these types of highly toxic pesticides are taking significant risks and committing serious criminal offences.

Jenny Mashford, Devon and Cornwall Police: “This incident was brought to the police’s attention thanks to a member of the public who identified the poisoned raptor.  We carried out a warrant at the defendant’s premises with the assistance of several other agencies including Natural England, the National Wildlife Crime Unit, the RSPB and Defra.  It is a very positive outcome in our fight against wildlife crime, of which bird of prey crime is a national wildlife crime priority. We would like to thank all those involved for their hard work and assistance with this case.”

If you notice a dead or injured bird of prey in suspicious circumstances, call the police on 101 and fill in the RSPB’s online reporting form HERE.

If you have information about anyone killing birds of prey which you wish to report anonymously, call the RSPB’s confidential Raptor Crime Hotline on 0300 999 0101.

ENDS

General Licence restriction imposed on Lochindorb, a grouse-shooting estate on edge of Cairngorms National Park, after evidence of raptor persecution

Statement from NatureScot, 17 July 2024:

GENERAL LICENCE RESTRICTED ON CAIRNGORMS ESTATE

NatureScot has restricted the use of general licences on Lochindorb Estate, near Grantown-on-Spey, for three years.

An RPUK map showing the general boundary of Lochindorb Estate – details provided by Andy Wightman’s Who Owns Scotland website

The decision was made on the basis of evidence provided by Police Scotland of wildlife crime against birds.

This evidence included a red kite found poisoned with an insecticide in 2021 near to a lapwing bait on land managed at the time by the estate [Ed: here], and a red kite shot on Lochindorb estate in 2023 [Ed: here].

The poisoned red kite and the lapwing used as poisoned bait. Photo by RPUK blog reader

Donald Fraser, NatureScot’s Head of Wildlife Management, said: “We have decided, in discussion with Police Scotland, to suspend the use of general licences on this property for three years until March 2027, given the persecution of red kites which has taken place on Lochindorb Estate and on neighbouring land managed by them at the time of the incident. 

“NatureScot is committed to using all the tools we have available to tackle wildlife crime. This measure will help to protect wild birds in the area, while still allowing necessary land management activities to take place.

“We believe this is a proportionate response to protect wild birds in the area and prevent further wildlife crime. We will continue to work closely with Police Scotland and consider information they provide on cases which may warrant restricting general licences.

“The estate may still apply for individual licences; however, these will be subject to enhanced record-keeping and reporting requirements and will be closely monitored to ensure adherence with licence conditions.”

General licences allow landowners or land managers to carry out control of common species of wild birds, such as crows and magpies, to protect crops or livestock, without the need to apply for an individual licence.

In addition to this restriction, there are currently four other restrictions in place in Scotland: on Moy Estate in Highland, Invercauld Estate in the Cairngorms National Park, Lochan Estate in Perthshire and Millden Estate in Angus.

ENDS

Here is a map from NatureScot showing the area of Lochindorb Estate where the General Licence restriction applies. This restriction prohibits the use of General Licences 01, 02 and 03 on that land from 16th July 2024 up to and including 15th July 2027.

I presume then, that the 56 year old gamekeeper arrested last year as part of the investigation into the shooting of the red kite on Lochindorb Estate has not been charged. If he had, this General Licence restriction would have been delayed until court proceedings had finished.

It’ll also be interesting to see whether this General Licence restriction affects Lochindorb Estate’s ability to apply for a section 16AA grouse shooting licence under the new Wildlife Management & Muirburn Act 2024.

For new readers, this Act was introduced as the Scottish Government’s response to the continued widespread illegal killing of birds of prey on grouse moors. It will work on the basis that all red grouse shooting must now be licensed in Scotland under a section 16AA licence and if, on the civil burden of proof (i.e. the balance of probability) sufficient evidence is found that the licence has been breached (including evidence of illegal raptor persecution), the licence can be withdrawn as a sanction, preventing the shooting of red grouse on a particular estate for a given period.

My guess is that Lochindorb will still be able to apply for a section 16AA grouse shooting licence, even though the estate is now under a 3-year General Licence restriction, because these offences were committed before the new legislation was enacted, so it will be deemed ‘unfair’ to apply the legislation retrospectively.

That will also mean that the other four grouse-shooting estates currently serving a general Licence restriction after evidence of raptor persecution was uncovered on their land (Moy Estate in the Monadhliaths, Invercauld Estate in the Cairngorms National Park, Lochan Estate in Strathbraan and Millden Estate in the Angus Glens) will also be able to apply for a section 16AA licence to shoot red grouse this year.

Marvellous.