Another South Lanarkshire gamekeeper convicted of poison offence

Well well well. Another gamekeeper from South Lanarkshire has been convicted of possessing the banned pesticide, Carbofuran. Police were alerted to the location after a member of the public found a poisoned buzzard lying next to a pheasant bait near Loanhead Farm, Lamington, South Lanarkshire, in November 2010. Lab tests by SASA revealed Carbofuran in both birds.

Today at Lanark Sheriff Court, 63 year old keeper Cyril McLachlan was fined £635 after admitting possession of Carbofuran. Yet again, a weak penalty for what is supposedly considered a seriously grave offence by the Scottish Government. Not good enough.

It is not known whether McLachlan was a member of the Scottish Gamekeepers’ Association at the time of the offence. If anyone can shed any light on this, we’d be happy to hear about it. UPDATE: The SGA has now issued a statement to say McLachlan was not a member (see here).

Well done to RSPB and SSPCA and the other agencies involved in getting this case to court.

RSPB press release here

Cumbrian man ‘not in any way connected’ to red kite deaths

Following the blog post on 6 December 2011 (see here), Cumbrian man Allan Armistead appeared at Preston Crown Court on 6 January 2012. Here is what was reported by the ‘In-Cumbria’ newsletter:

AN investigation into the suspected poisoning and shooting of red kites led to the discovery of breaches of regulations dealing with pesticides and firearms at a farm.

But it was accepted at Preston Crown Court yesterday there was no evidence 74-year-old Allan Armistead was in any way connected with the deaths of the birds.

The pensioner, who lives at Hulleter Farm in Oxen Park, Ulverston, was fined £7,000 and ordered to carry out 140 hours’ unpaid work.

He admitted seven offences in relation to pesticides, plus three other firearm-related offences.

The court heard a search warrant was executed at the farm last July.

Chemicals were found, most of which were unlawful to possess, due to regulations which had come in more than 10 years ago. Some of the pesticides were 60 years old.

Two rusting tins had a chemical capable of producing cyanide gas on contact with air or water. When one of them was open in safe lab conditions, some of that gas had already been produced.

Mr Brett Gerrity, prosecuting, said the finding of those tins had resulted in wildlife officers having to wear full face masks.

Other pesticides were also found. Among them was a bag containing bottles of crystallised hydrochloride strychnine. There was also a bottle of strychnine hydrochloride – a highly toxic poison used for controlling moles.

It was also found Armistead had his late father’s Home Guard rifle without authorisation, had more ammunition than he was allowed and had not disclosed he had at least three other guns. Mr Christopher Evans, defending, said the pensioner was genuinely remorseful. The chemicals had previously been legally held for many years before new regulations came in.

He said Armistead had lived at the farm since he was born. He had worked there all his life, following in his father’s footsteps, and works seven days a week.

His father’s old rifle had been kept for sentimental value.

Judge Graham Knowles QC cancelled the firearms certificate and shotgun licence that Armistead had held.

He told him: “You dealt with the guns and the ammunition and the pesticides as though the law didn’t apply to you, or didn’t matter.”

Armistead was also told to pay a total of £2,300 costs, plus a £15 surcharge.

Joke sentence for second-time convicted gamekeeper

David Alexander Whitefield, the former gamekeeper at Culter Allers Estate in South Lanarkshire, was today sentenced following his December 2011 conviction for illegally poisoning four buzzards (see here for conviction report).

Before we discuss his latest sentence, let’s remind ourselves of Whitefield’s criminal record: This keeper, who was also a member of the Scottish Gamekeepers’ Association, was convicted in October 2008 for offences relating to the unlawful capture and subsequent welfare of a buzzard. His sentence for that conviction was a £300 fine. He kept his job as the sole gamekeeper and he was not expelled from the SGA. Just six months later, in April 2009, RSPB investigators were alerted to the signs of an illegal poisoning spree on this estate. Obviously, these subsequent poisoning activities, for which Whitefield has now been convicted, demonstrate that the £300 fine had zero effect as a deterrent (no great surprise really).

So then you might expect today’s sentence to reflect not only the seriousness of the crime of poisoning wildlife (and potentially any human and/or domestic animals that happened to wander through the well-used public walking trails on this estate), but also to acknowledge that Whitefield, already previously convicted for wildlife crime there, had shown a complete disregard for wildlife legislation.

You might reasonably expect that the sheriff in this case, Nicola Stewart, might utilise her full sentencing powers and go for the most serious sentence available for this type of crime, which includes a custodial sentence and/or a financial penalty for each poisoned bird. That would see Whitefield put away for a while and would send out a very clear message that this type of crime will no longer be tolerated in this country, just as the Scottish Government has claimed over and over again in recent years.

So why then, was Whitefield handed down a 100 hour community service order as his ‘punishment’?

According to an RSPB press release, Sheriff Stewart is reported to have said the punishment was a direct alternative to a custodial sentence and that poisoning is a serious offence. Why was he given a direct alternative to a custodial sentence and where, in his 100 hour community service order, is there any indication that illegal poisoning is considered a serious offence?

This is a joke sentence, to add to all the other joke sentences that have been handed out to the few criminals that are actually prosecuted for these crimes. As we keep seeing, over and over again, these punishments are not providing the required deterrent so surely it’s now time to introduce mandatory sentences for these offences, and that includes custodial sentences. These are already available to the judiciary – so far, for whatever reason, not one custodial sentence has been given to a convicted raptor poisoner. We need to be asking why that is, and we need to keep asking.

Well done to the SSPCA for some serious doggedness with this case – it’s been a long time in the works and looked at one point to be in danger of failing on a legal technicality. Perseverance paid off, and despite the pathetic sentence, those involved with the groundwork deserve much credit.

BBC news article here

RSPB Scotland press release on Birdguides Blog here

Sat-tagged golden eagle ‘disappears’

Regular blog followers will remember the golden eagle that was found poisoned on Glenbuchat Estate last March (see here). What wasn’t reported at the time was that this young eagle was one of a pair of twins from 2010 being satellite-tracked by the RSPB (unfortunately, the movement maps of these two birds were not made public). The poisoned eagle found on Glenbuchat Estate never reached her first birthday. Now it seems her twin has ‘disappeared’.

Her last signal was received in the evening of November 22nd 2011 in the Monadhliaths (well-known as a  raptor black-spot). Her next signal was scheduled for noon the next day. It never arrived and no further signals have been received. Up until that time, the signals had all been received without any hint of a technical problem. The location of her last signal has been checked but there wasn’t any sign of her.

Suspicious, or yet another technical malfunction? Draw your own conclusions.

Thank you to the contributor who sent this information.

Eight red kites found poisoned in Ireland since November

We have been asked by the Golden Eagle Trust (Ireland) to publish the following press release:

The Irish Red Kite Reintroduction Project is part of an all-Ireland effort to restore red kites. These attractive birds were extinct in Ireland for about 200 years. The Golden Eagle Trust, National Parks and Wildlife Service, and the Welsh Kite Trust have collected (from Wales) and released 120 red kites in Co. Wicklow between 2007 and 2011 and 39 red kites in Co. Dublin in 2011. The RSPB released 80 red kites in Co. Down between 2008 and 2010. There are now 10-15 pairs of red kites breeding in Co. Wicklow and 5-6 pairs breeding in Co. Down.

Following the successful release of red kites during the summer in Dublin and Wicklow, it is with disappointment that we report further recent kite deaths in Fingal. Since the release in July, this year, a total of eight (8) kites have now been recovered dead in Fingal since November.

The deaths include the satellite tagged kite known as ‘@’ which has flown as far as Co. Mayo on its travels and within a few weeks of returning to Fingal was found dead near Lusk.

Ms Phil Moore, from the Fingal LEADER Partnership expressed sadness saying ‘We just can’t believe ‘our baby’ is dead. We have all been following the satellite tagged kite since her release and have pictures all over the office of her journey; it is upsetting to know she is now dead’. 

There were 39 red kites, collected for Fingal under licence fromWales with project partners, the Welsh Kite Trust. The Fingal Red Kite release programme is part of the final and fifth year of an ambitious project to re-establish red kites in Ireland. The deaths represent just over 20% of the red kites released in the Fingal area.

The Golden Eagle Trust is managing the project, which is funded by Fingal LEADER Partnership through the Rural Development Programme 2007 – 2013 and the National Parks and Wildlife Service (NPWS). Fingal County Council, at Newbridge Demesne, and a private landowner hosted and facilitated the two separate release cages.

The project is widely supported throughout local communities, a suite of volunteers and landowners. There were over 100 people involved in cage building, collections, feeding and subsequent monitoring of the released kites.

Each kite is fitted with a radio tag which has allowed the project team to follow the kites’ movements since release. Whilst these tags allow us to track their daily movements they have also led us to find the dead birds.

Dr Marc Ruddock, Red Kite Project Manager, said ‘There is nothing more heart-breaking than having to pick up the carcass of bird and putting it in a bag for post-mortem after having followed its development from a small, downy chick collected in Wales and then watching it flying free in Fingal’.

Earlier this year, a post-mortem protocol was agreed between NPWS, Department of Agriculture and the State Laboratory. Each of the red kite carcasses has been sent for testing at Backweston Campus, to establish the cause of death. This process and the rigorous work undertaken is fundamental to the growing understanding of environmental issues and the threats posed to kites and other wildlife. 

It has now been confirmed that at least four of the kites contained the second-generation rodenticide, brodifacoum. This is an anti-coagulant rat poison usually recommended for indoor use only, which causes internal bleeding. It is widely recognised that rodenticides can kill non-target species.

Dietary analysis of the red kites, both in Wicklow and Dublin has shown that they are clearly hunting and scavenging rats, providing a natural control on rodent populations. The red kite is a specialist scavenger and is therefore likely to be at high risk of secondary poisoning if feeding on rats which are dead or dying from rodenticides.

We recognise the requirement for rat and mice control in terms of human health and food safety. But we urge amateur and professional users alike to ensure that rodent control programs are carefully planned and follow a defined treatment period to be effective.

The over-use of some chemicals could lead to resistance and accumulation in the environment. Those in the countryside should ensure best practice use of these chemicals to allow for more effective rodent control in the long-term and minimise the secondary poisoning risk to non-target wildlife. This includes other rodent-eating native raptors and owls such as kestrels, buzzards, barn owls, long-eared owls and red kites.

Best practice rodent eradication strategies record information such as the quantity and location of all baits and require baits to be regularly inspected and not left exposed to non-target animals and birds. Furthermore, dead rodents should be collected and disposed of safely and baits should be removed at the end of the treatment. Urban and rural rodenticide users are urged to be mindful of the potential environmental effects of the use of chemicals.

The farming and shooting communities in Fingal are very supportive of the project and are anxious to continue to control rats and mice effectively and minimise unintentional consequences for natural rat predators”. -END-

The substance used to kill the other four kites that have been discovered since November has yet to be confirmed – toxicology tests are on-going. It’s possible they were also unintentionally killed by secondary rat poison, but it’s equally possible that they have been deliberately (and illegally) killed by other poisons. For example, at the beginning of November 2011, it was reported that a red kite and a buzzard had been illegally poisoned in County Wicklow by alphachloralose (see here). In addition, a map produced by the Golden Eagle Trust in 2010 (see figure) shows the extent of illegal poisoning across Ireland (the map does not include instances of unintentional secondary rat poisoning). Species affected include red kites, golden eagles, white-tailed eagles, buzzards and peregrines, killed with alphachloralose or carbofuran.

Golden Eagle Trust website here

Kim Jong-il is dead but the art of propaganda lives on

North Korean despot Kim Jong-il may be dead but the art of propaganda is alive and kicking here in the UK. A fine example of this is displayed in the latest [January 2012] edition of Modern Gamekeeping, the monthly rag for UK gamekeepers, where there are more calls for the introduction of licences to cull raptors.

It begins in the editorial at the front. Peter Carr dedicates a whole page to the issue of raptor persecution, starting off with condemnation of illegal raptor poisoning [good], but quickly moving on to ‘justify’ the need for legal raptor culling [not so good]. Part of this ‘justification’ includes the following statement:

Buzzards, sparrowhawks, goshawks, hen harriers, and tawny owls are the raptor species that cause us the most problems, though the little owl’s destructive power should not be discounted. All are doing well in most areas of the UK…

Oh dear. But when did facts ever get in the way of 100 year-old anti-raptor propaganda? And here is evidence, should any more be needed, that gamekeepers will not stop at licensed buzzard killing. Sparrowhawks, goshawks, tawny owls and little owls are all apparent targets, and hen harriers too, if they can find any left to kill.

Carr goes on to rally the troops, calling for more strenuous lobbying and “the need for a sensible balance in our countryside“. Presumably that ‘sensible balance’ includes the continued annual release of 40+ million non-native gamebirds into our countryside  and the (mis)management of our uplands to produce artificially-high densities of red grouse, all to the detriment of any native predators that share the habitat?

His editorial ends with this: “Raptor control licences will come, but we must hasten the process with valid argument and an impeccable record of keeping our own house in order“. If these two premises are the ones that will dictate whether raptor culling licences are issued, then conservationists need not fear that they’ll be issued any time soon.

The propaganda continues later in the rag….more on this in the next post…

Confirmed – poisoned red kite was found in September

Further to the last blog entry (here), the RSPB has now issued a press release about the poisoned red kite:

Journey’s end as red kite is found poisoned

Police are appealing for information after one of North Scotland’s most adventurous red kites was found poisoned in Ayrshire.

Shortly after fledging on the Black Isle this summer, the young bird surprised RSPB Scotland staff by immediately flying two hundred miles in just a few days.

A satellite transmitter fitted to its back, made it possible to chart the young bird’s journey down the west coast of Scotland. However, staff became concerned in September when transmissions in the Muirkirk area showed the bird had remained in the same place for several days.

It was later discovered dead close to the Muirkirk and North Lowther Hills Special Protection Area (SPA), an area of moorland that receives special legal protection because of its breeding bird of prey population.

Subsequent tests by the SASA government laboratory showed it had been poisoned by a banned pesticide.

RSPB Scotland Investigations Officer Ian Thomson said “The poisoning of this red kite is just the latest incident of bird of prey persecution in and around the SPA. Every year, breeding hen harriers and peregrines ‘disappear’ with further evidence of human interference causing nest failures. The populations of both species are declining alarmingly in this area. Only a few years ago there were 21 pairs of hen harriers in the SPA; now we are down to a mere handful”.

Enquiries by the police are continuing. Anyone with further information regarding this incident is urged to contact Strathclyde Police on 0141 532 2000, or Crimestoppers on 0800 555 111.

We understand the poisoned red kite was this one (see here).

Interesting. I wonder if this is the same red kite reported in the incident in November (see here)? Although that publicity said a kite had been found in the Lowther Hills in Dumfries & Galloway, not Ayrshire. Maybe two kites have been poisoned in this area? It’s hard to tell with this level of undetailed information and delayed reporting.

The chances of catching anyone now? A big fat zero. Never mind, the way this industry continues to flout the law,  it won’t be long before mandatory estate licensing is forced upon them.

Red kite found poisoned in Ayrshire

News is coming in that a satellite-tagged red kite from Northern Scotland has been found dead in Ayrshire. Lab tests done by SASA have reportedly shown that this young bird was poisoned by an illegal pesticide. 

We are led to believe this kite was discovered in September. If this turns out to be an accurate report, questions need to be asked about the delayed reporting.

More on this when details have been confirmed…

UPDATE: this has now been confirmed (see here)

New book published on carbofuran & wildlife poisoning

A definitive reference book was published last month that provides a comprehensive guide to the use of the pesticide Carbofuran and its role in wildlife poisoning.

Written by a series of international contributors, this book includes detailed studies of how Carbofuran is made and applied, its acute toxicity to wildlife, how much and how long it takes to poison an animal, analytical methods of detection and strategies being implemented to prevent its use. It also contains a series of global case studies from Africa, India, Europe, Latin America, Canada and the United States. One chapter is devoted to the [illegal] use of Carbofuran to poison raptors in Scotland: ‘The effect of carbofuran poisoning and other illegal persecution methods on raptor populations in Scotland‘ (Ruth Tingay); ‘A landowner’s perspective on wildlife poisoning in Scotland’ (Douglas McAdam); ‘Monitoring carbofuran abuse in Scotland’ (Michael Taylor).

CARBOFURAN AND WILDLIFE POISONING: GLOBAL PERSPECTIVES AND FORENSIC APPROACHES. (2011). Editor: Ngaio Richards. Wiley-Blackwell, Oxford, UK.

ISBN 978-0-470-74523-6 (hardback)

From the publisher:

This cutting-edge title is one of the first devoted entirely to the issue of carbofuran and wildlife mortality. It features a compilation of international contributions from policy-makers, researchers, conservationists and forensic practitioners and provides a summary of the history and mode of action of carbofuran, and its current global use. It covers wildlife mortality stemming from legal and illegal uses to this point, outlines wildlife rehabilitation, forensic and conservation approaches, and discuss global trends in responding to the wildlife mortality.

The subject of carbofuran is very timely because of recent parallel discussions to withdraw and reinstate the insecticide in different parts of the world. Incidences of intentional and unintentional wildlife poisonings using carbofuran are undeniably on the rise, especially in Africa and India and gatherings of stakeholders are being organized and convened on a global basis. There is still a need to consolidate information on the different experiences and approaches taken by stakeholders. Carbofuran and Wildlife Poisoning is a comprehensive overview of global wildlife mortality, forensic developments and monitoring techniques and is a definitive reference on the subject.

It comprises of historical and current perspectives, contributions from key stakeholders in the issue of global wildlife poisonings with carbofuran, people on the ground who deal with the immediate and long-term ramifications to wildlife, those who have proposed or are working towards mitigative measures and solutions, those in contact with intentional or unintentional ‘offenders’, those who have adapted and developed forensic methodology and are gathering evidence.

Introduction and Table of Contents available here

Man charged in relation to red kite deaths in Cumbria

Further to the blog post in July 2011 about the arrest of a man in connection to the investigation of poisoned and shot red kites in Cumbria (see here), Cumbria Constabulary has today announced that a man has been charged.

Allan Armistead (74), of Oxen Park, Ulverston, has been charged with five offences under the Firearms Act and ten offences under the Control of Pesticides and Food and Environmental Protection Acts.

Armistead is due to appear at Furness and District magistrates court next Tuesday (6 December 2011).

Congratulations to Cumbria Constabulary for securing enough evidence to get the case to court, and for keeping the public updated.

Cumbria Constabulary press release here

BBC news story here