General licence restriction to be considered on grouse moor where poisoned red kite & bait found

Further to yesterday’s blog about the discovery of a poisoned Red Kite, found in close proximity to a poisoned bait (a Lapwing) on Dava Moor in May 2021 (see here), there has been a development.

In yesterday’s blog I mentioned that I was curious about why, 19 months after the crime was discovered, there hadn’t been a General Licence restriction imposed on this grouse moor.

I’ve been in touch with NatureScot about this and they’ve confirmed that they didn’t know the investigation had concluded but now that they do know that, they’ll be contacting Police Scotland and requesting the documentation on this case, which NatureScot will consider under the General Licence Restriction Framework to see whether the threshold for a restriction notice has been met.

Excellent news, well done NatureScot.

Given the lengthy procedure involved under the Framework, including giving the landowner/shoot operator an opportunity to provide a defence, we won’t hear about the decision until well into the New Year.

UPDATE 17th January 2023: Police Scotland confirm red kite found poisoned on grouse moor had been killed with banned pesticide (here)

Red kite poisoned on grouse moor -Police Scotland withhold information

A young satellite-tagged Red Kite has been found poisoned on a Scottish grouse moor, lying next to a poisoned bait, in this case, a Lapwing, whose corpse had been cut open to entice any passing predator and to allow for easy access to the poison.

This gruesome discovery was made by a member of the public on 20th May 2021 on Dava Moor, just beyond the boundary of the Cairngorms National Park.

The Red Kite had hatched in a nest near Grantown on Spey in 2020. This nest was only the second to be located in Badenoch & Strathspey; the first pair at nearby Cromdale disappeared after just one successful breeding season. That only two nests have been located in Badenoch & Strathspey, 32 years after the start of the re-introduction of red kites to the Black Isle, speaks volumes of the ongoing illegal persecution in this region, as noted in a scientific study published in 2016 (here).

Police Scotland attended the scene of the poisoning and collected the Red Kite and the Lapwing for toxicology analysis. They also conducted a search of the grouse moor the following week. Toxicology tests confirmed the presence of poison in both the Kite and the Lapwing.

Sixteen months later in September 2022, Police Scotland notified the member of the public that ‘enquiries are complete, nobody has been charged and the case is now closed‘.

So where was the Police Scotland press release about this serious wildlife crime?

Where was the appeal for information about this serious wildlife crime?

Why has the name of the poison been withheld? Given the proximity of the poisoned Red Kite to the poisoned bait, we can assume it was a fast-acting, highly toxic poison, dangerous to humans as well as to wildlife. Was it one of the eight poisons (Aldicarb, Alphachloralose, Aluminium phosphide,  Bendiocarb, Carbofuran, Mevinphos and Sodium cyanide and Strychnine) banned under the Possession of Pesticides (Scotland) Order 2005, so dangerous it’s even an offence to be in possession of these chemicals, let alone to place them out on a bait in the open countryside?

Where was the warning to both locals and visitors to the area from Police Scotland about this serious threat to public safety?

Who benefits from this secrecy? Not the public, that’s for sure, and not wildlife.

Police Scotland has form for withholding information about raptor persecution crimes (e.g. see here, here, here, here). It’s noticeable that yet again, in the RSPB’s latest Birdcrime Report (2021), Police Scotland is the only force (with the exception of Dorset Police – on which more shortly) to withhold details of crimes that took place over a year ago.

I don’t know who’s making these decisions – I doubt very much it’s the wildlife crime officers on the ground, most of whom these days are undertaking prompt and rigorous investigations – but somewhere up the chain of command a decision appears to have been made to keep these serious crimes under wraps. Why is that?

I don’t understand the rationale at all. Certainly, in the early stages of an investigation it often pays for details to be withheld so as not to compromise searches etc. But sixteen months after the crime is discovered? It doesn’t make sense, and all it does is undermine public confidence.

I’d also like to know why a General Licence restriction hasn’t been imposed on Dava Moor. I understand from conversations with locals that somebody other than the landowner may be responsible for the ‘sporting management’ of Dava Moor. I’ve been told who that is by a number of people but have been unable to verify it so I’m not publishing it here. Nevertheless, at least two General Licence restrictions have previously been applied on landholdings that were ‘managed’ by someone other than the landowner so that shouldn’t be a barrier to imposing a restriction in this case.

And this isn’t the only illegal poisoning incident that Police Scotland are withholding from the public…more shortly.

UPDATE 6th December 2022: General Licence restriction to be considered on grouse moor where poisoned red kite and bait found (here)

UPDATE 2nd January 2023: Raven poisoned with banned chemicals – Police Scotland withhold information (here)

UPDATE 17th January 2023: Police Scotland confirm red kite found poisoned on grouse moor had been killed with banned pesticide (here)

Raptor persecution crime fighters win national awards

I attended the UK Wildlife Crime Conference over the weekend, where law enforcers, statutory agencies and NGOs gather to hear the latest views, approaches, successes and challenges of combating wildlife crime in the UK. 

A feature of this annual event is the WWF-sponsored awards given to those whose work deserves national recognition.

This year, I was delighted to see two of those awards being won by teams whose work has focused on tackling the illegal persecution of birds of prey.

First up was Dr Eimear Rooney and Dr Marc Ruddock from the Northern Ireland Raptor Study Group, who won WWF Wildlife Crime Partner of the Year 2022:

To say their award was richly deserved is a massive understatement. I’ve watched them pour their hearts and souls into raptor conservation in Northern Ireland for many, many years and I can’t think of more deserving recipients.

Without their efforts, providing help, advice and training to an army of raptor monitoring volunteers, as well as doing their own fieldwork, as well as writing grant applications, as well as writing reports, as well as producing educational material, as well as fundraising, as well as hosting conferences, as well as political engagement, as well as engaging in multi-partner initiatives to tackle raptor persecution, often at the expense of spending time with their young families, and still managing to be the most upbeat and fun-loving people to be around, then raptors in Northern Ireland would be in a far more perilous state than they are currently.

I’m thrilled to see their efforts recognised at long last; well done Eimear & Marc!

The second team to win an award for its work tackling raptor persecution was a multi-agency team working on ‘Operation Tantallon’, which is a huge, ongoing investigation into the alleged theft and laundering of wild peregrines in Scotland and northern England.

This investigation team includes Police Scotland, Scottish SPCA, NWCU and SASA, with additional support from members of the Scottish Raptor Study Group. So far three people have been charged with offences, including a serving police officer (see here) and a part-time gamekeeper (here).

Members of Operation Tantallon received the Wildlife Crime Operation of the Year Award 2022 from Megan McCubbin (photo by Guy Shorrock):

The case is ongoing, the defendants are reportedly facing over 100 charges, and a wide range of investigative techniques have been deployed including surveillance, peregrine DNA analysis, searches under warrants, bankers warrants, cyber crime and the Proceeds of Crime Act.

The scale of this effort to bring a prosecution in a raptor persecution case is virtually unheard of in the UK and the ramifications, should the defendants be found guilty, will be huge. Further details of the case will be made available as the case progresses through the courts.

The dedication and determination of those involved in the multi-agency investigation has been outstanding and it’s good to see their hard work recognised. Well done, all!

UPDATE 16 December 2023: Part-time gamekeeper & son plead guilty to peregrine laundering charges; serving police officer cleared (here)

Multi-agency raid in Lincolnshire after suspected poisoning of three birds of prey

Press release from Lincolnshire Police (6th October 2022):

Bird of prey poisoned, Horncastle

Our Rural Crime Action Team (RCAT) are investigating the suspected poisoning of three birds of prey in the Belchford area of Horncastle. 

On 4 October, the team conducted multi agency searches in the area along with officers from the National Wildlife Crime Unit (NWCU), the RSPB and Natural England. During the searches we recovered various items which we believe are linked to the offences under investigation. The offences include the suspected poisoning of three birds, two Buzzards and one Red Kite. 

Inspector Jason Baxter, from Lincolnshire Special Operations Unit, said: “Lincolnshire police will not tolerate the persecution of our wildlife and any offences reported to us will be thoroughly and expeditiously investigated and offenders will be dealt with robustly.”

Investigations are ongoing and we have identified one male suspect who will be interviewed in due course.

Investigating officer, Detective Constable Aaron Flint said: “A number of Birds of Prey appear to have been poisoned in the Horncastle area.

We would appeal for anyone with any information to contact us.”

If any members of the public have information that could assist with the investigation please call 101, email force.control@lincs.police.uk or through crime stoppers. Please remember to quote incident number 22000367672.

ENDS

Well done Lincolnshire Police, Natural England, RSPB and the National Wildlife Crime Unit for yet another excellent example of partnership-working between specialist agencies, and especially for issuing a statement/appeal for information just two days after the raid. I hope some of the other regional police forces are taking note.

This latest multi-agency raid is the latest in a surge of similar investigations in response to raptor persecution crimes over the last couple of years, including a raid in Wiltshire on 23rd September 2020 (here), a raid in Suffolk on 18th January 2021 (here), a raid in January 2021 in Nottinghamshire (here), on 15th March 2021 another raid in Lincolnshire (see here), on 18th March 2021 a raid in Dorset (here), on 26th March 2021 a raid in Devon (see here), on 21st April 2021 a raid in Teesdale (here), on 2nd August 2021 a raid in Shropshire (here), on 12th August 2021 a raid in Herefordshire (here), on 14th September 2021 a raid in Norfolk (here), a raid in Wales in October 2021 (here) a raid in Humberside on 10th December 2021 (here), a raid in North Wales on 8th February 2022 (here), another raid in Suffolk on 22nd April 2022 (here), and another raid in Norfolk on 29th April 2022 (here).

The majority of these cases are ongoing, or have progressed to impending court hearings, but a few have concluded, resulting in the conviction of criminal gamekeepers. These include:

*The Nottinghamshire case (from January 2021) where gamekeeper John Orrey was sentenced in January 2022 for battering to death two buzzards he’d caught inside a trap (here);

*The Suffolk case (also from January 2021) where gamekeeper Shane Leech was convicted of firearms and pesticides offences in November 2021 after the discovery of a poisoned buzzard found close to pheasant-rearing pens in Lakenheath (here);

*The Wales case (from October 2021) where gamekeeper David Matthews was convicted in June 2022 for pesticide offences following the discovery of a poisoned red kite and a shot red kite at a pheasant release pen on the McAlpine Estate in Llanarmon Dyffryn Ceiriog, North Wales (see here);

*The Wiltshire case (from September 2020) where gamekeeper Archie Watson was convicted in June 2022 after the discovery of at least 15 dead buzzards and red kites were found dumped in a well on a pheasant shoot on Galteemore Farm in Beckhampton (here);

*The Norfolk case (from September 2021) where gamekeeper Matthew Stroud was convicted in October 2022 for the poisoning of at least five buzzards and a goshawk, amongst other offences, on a pheasant shoot at Weeting, near Thetford (here).

Scottish Land & Estates still refusing to acknowledge extent of raptor persecution on grouse moors

In the last blog post where I wrote about the nine shot birds of prey found wrapped in bags on Millden Estate and just over the estate boundary, I included a quote from Tim Baynes of Scottish Land & Estates, who had written the following in a comment piece for The Field, published in August 2022:

Raptor persecution has been the stick with which grouse moors were beaten for two decades, but the past five years have seen a sea change. In Scotland, recorded crimes have effectively ceased on grouse moors, and raptors of all species have been increasing“.

I said I’d publish his outrageous comment piece in full, so here it is:

I really shouldn’t be surprised that The Field published this nonsense – that particular shooting industry rag has a track record of publishing patently inaccurate comment pieces (e.g. see here).

And I’m definitely not surprised that the author of this latest gibberish is Tim Baynes – his lengthy track record speaks for itself (for a small selection of the masses of examples see here, here, here, here, here, here, here, here).

Needless to say, his latest claim that raptor persecution on Scottish grouse moors has “effectively ceased” is demonstrably untrue. You’ve only got to read my last blog post to understand this. If that doesn’t convince you, have a look at the General Licence restrictions currently imposed on grouse moor estates after Police Scotland found ‘clear evidence of raptor persecution’ – Leadhills Estate (here), Lochan Estate (here), Leadhills Estate [again] (here), Invercauld Estate (here), and Moy Estate (here).

And if you still need convincing, have a read of the Scottish Government’s Environment Minister’s statement in 2020 when she announced that there could be no further delay to the introduction of a grouse moor licensing scheme because:

“…despite our many attempts to address this issue, every year birds of prey continue to be killed or disappear in suspicious circumstances on or around grouse moors“.

Perhaps Tim Baynes’ perpetual denial of the bleedin’ obvious explains why he is no longer employed as ‘Director of Moorland’ at Scottish Land & Estates:

Red kite reported shot in Essex – Police appeal for information

Essex Police’s Rural, Wildlife & Heritage Crime Team is appealing for information after a red kite was reportedly found shot in Stapleford Abbots in the Epping Forest.

The kite was found on 3rd September 2022 and is currently undergoing veterinary treatment for what are believed to be shotgun injuries.

No further details about this reported crime have been provided yet.

Anyone with any information that could assist the police investigation please call Essex Police on Tel. 101 or Crimestoppers on 0800 555 111 to provide information anonymously and in confidence. Please quote incident reference number: 42/232180/22.

Moy Estate loses appeal against General Licence restriction imposed for wildlife crime

Moy Estate in the Scottish Highlands has lost its appeal against a General Licence restriction that was imposed on the estate in June 2022 (see here) after Police Scotland provided the licensing authority (NatureScot) with evidence of wildlife crime against birds of prey on the estate, notably the discovery of a poisoned red kite in 2020 and ‘incidents in relation to trapping offences’.

[RPUK map showing Moy Estate boundary, based on information provided by Andy Wightman’s website, Who Owns Scotland]

Regular blog readers will know that the three-year General Licence restriction on Moy Estate took effect on 21st June 2022, prohibiting the use of General Licences 01, 02 and 03 on the estate until 21st June 2025.

However, the estate appealed the restriction (as is permitted by NatureScot’s restriction process) in July and the official ‘restriction notice’ was temporarily removed from NatureScot’s website whilst the appeal was underway.

It’s all a massive farce, of course, because the estate has already had one opportunity to appeal the decision, as part of the formal restriction process. I.E. NatureScot has to provide a written ‘notification’ to an estate when a restriction has been recommended, but before the final decision has been made. The estate then has 14 days to respond (appeal) and explain why the restriction is unwarranted. On receipt of that appeal, Naturescot makes its final decision and if it’s decided to go ahead and impose the General Licence restriction, then the estate is given ANOTHER opportunity to appeal the decision within 14 days.

I don’t have the details of Moy Estate’s appeal(s) because when I asked for similar documents relating to an appeal by Leadhills Estate against its second General Licence restriction last year, NatureScot came under pressure from the solicitor representing the estate who argued that the information was ‘of a sensitive nature and disclosure into the public domain ‘may prejudice the right to any future proceedings’. NatureScot upheld that view and refused to disclose the details of the appeal (see here). Given that the same solicitor is believed to be representing Moy Estate, I haven’t wasted my time by applying for the details, although I’d suggest, given the hilarious appeal that Leadhills Estate made against its first GL restriction (see here) that the real reason for withholding the information of any similar appeals is to avoid the embarrassment of having the laughable appeal letter torn to shreds by public scrutiny.

No matter really, because it’s NatureScot’s response to the appeal that’s really of interest, and in this case, Moy Estate’s appeal has failed and as of last week, the official restriction notice is back on public view on NatureScot’s website:

There’ll be more news from Moy next month when a man appears in court to face charges concerning the alleged shooting of a sparrowhawk.

Edward Mountain MSP disregards sanctions imposed on Moy Estate for wildlife crime

Here’s another senior MSP who decided to disregard the three-year sanction imposed in June this year on Moy Estate after Police Scotland provided evidence to demonstrate wildlife crime had taken place on the estate, notably the discovery of a poisoned red kite and incidents related to alleged trapping offences, although the estate has long been recognised as a raptor persecution hotspot (e.g. see here, scroll down to below the press release).

Sir Edward Mountain, 4th Baronet, the Scottish Conservative’s Deputy Chief Whip, attended Moy Game Fair earlier this month to present prizes on behalf of BASC:

So that’s now two senior MSPs (former Cabinet Secretary Fergus Ewing MSP was the other one), the Scottish Gamekeepers Association, Scottish Land & Estates, and BASC who all seem to have a very strange approach to the notion of ‘zero tolerance’ of raptor persecution.

Some of you might remember Ed Mountain claiming, in 2017, that he’d be “the fiercest critic” of anyone killing raptors. It was a claim he made in a guest article he wrote for the Scottish Gamekeepers Association’s quarterly rag. Here’s a reminder of what he wrote:

‘I believe that challenging the ‘spectre’ [of land management reform] is vital, if the very countryside we all value and love is to be maintained. The way to do this is by standing tall and laying out a stall, for all to see the benefits positive management has to offer. The problem is that every time it looks like the right story is being delivered another case of wildlife crime comes to light. If there is any chance of moving forward we must stop these idiots, who believe illegally killing raptors is acceptable.

I therefore would urge all organisations that represent country folk to stand up and let people know all the good work that is being done for conservation. At the same time, they also need to vilify those that break the law.

Over the next 4.5 years I look forward to working with the SGA and I will do all I can to defend the values you and your members believe in. However, I must also say that I will be the fiercest critic of those that jeopardise these values by breaking the law‘.

I asked at the time whether he’d put these strong words into action, but just a few months later he seemed reticent (see here).

This year he had the perfect opportunity to stand by his stated commitment against raptor persecution and boycott the Moy Estate. His actions, and those of his shooting industry mates, speak volumes.

Fergus Ewing MSP & his shooting industry pals disregard sanctions imposed on Moy Estate for wildlife crime

Look at the state of this.

A tweet by Fergus Ewing MSP, former Cabinet Secretary for Rural Economy, posted yesterday at the Scottish Gamekeeper Association’s stand at the Moy Game Fair. I wonder who he’s referring to when he says ‘We’? Is he speaking on behalf of the Scottish Government?

The Moy Game Fair is hosted by the Moy Estate. That’ll be the disgraced Moy Estate that had a three-year General Licence restriction imposed on it in June this year (see here) after Police Scotland provided evidence to demonstrate wildlife crime had taken place on the estate, notably the discovery of a poisoned red kite and incidents related to alleged trapping offences, although the estate has long been recognised as a raptor persecution hotspot (e.g. see here, scroll down to below the press release).

An estate gamekeeper has recently been charged with the alleged shooting of a sparrowhawk and is due in court in September.

Here is a map we created way back in 2016 to highlight the extent of raptor persecution crimes in Fergus Ewing’s constituency and this shows the concentration of incidents on and close to Moy Estate. There have been further incidents since this map was created, hence the General Licence restriction imposed this year:

Also ignoring the sanction for wildlife crime on Moy Estate is Scottish Land & Estates (SLE), the lobby group for game-shooting estates across Scotland, as demonstrated by this tweet yesterday from SLE’s North of Scotland Regional Coordinator, Fiona Van Aardt:

So here’s a senior politician from the SNP Government, the Scottish Gamekeepers Association and Scottish Land & Estates, all effectively sticking up two fingers to the Government’s policy of sanctioning estates for raptor persecution.

When the policy of imposing General Licence restrictions as a tool for tackling rampant bird of prey persecution was first introduced in 2014, the then Environment Minister Paul Wheelhouse described the restrictions as being a ‘reputational driver‘. In other words, a sanctioned estate would not enjoy the benefits of being part of the shooting industry because the industry, with its claimed ‘zero tolerance’ approach to raptor persecution, would not wish to be associated with wildlife crime and this (hoped for) ostracization would stimulate a clamp-down on raptor-killing estates.

So much for that idea. It appears that the shooting industry, along with its political supporters, couldn’t give a monkeys. There’s been previous evidence of this on other so-called sanctioned estates (e.g. see here for examples).

Technically speaking, Mr Ewing and his shooting industry pals could argue that Moy Estate is not currently serving a General Licence restriction. How come? Well, because under the rules, if an estate appeals the GL restriction decision, the restriction is temporarily lifted whilst NatureScot considers the estate’s appeal. This is completely bonkers, of course, because a sanctioned estate has already had a chance to appeal the decision, when NatureScot first issues the notification for a restriction. But they’re then given another opportunity to appeal once the restriction has been imposed, and during that appeal process (typically four weeks) NatureScot removes the restriction so the estate can carry on as if the restriction never existed. I’m pretty sure that that’s what’s going on at Moy because the GL restriction decision notice for Moy Estate has been removed from the section of NatureScot’s website where currently-restricted estates are listed (here).

Although if Mr Ewing, the SGA and SLE were to rely upon this technicality, I don’t think that many people would view it as the shooting industry working in the spirit of wishing to stamp out raptor persecution, do you?

Investigative journalists discover more evidence of alleged raptor persecution on Queen’s Sandringham Estate

Investigative journalists from The Guardian newspaper have uncovered more evidence of alleged raptor persecution crimes, not previously reported, at the Queen’s Sandringham Estate in Norfolk.

They’ve also uncovered documents which reveal that the police have to seek the Queen’s permission before they are allowed to enter the estate and search for evidence if alleged wildlife crimes are suspected / have been reported.

Long-term blog readers will know that this royal estate has been at the centre of a number of police investigations into alleged raptor persecution, (e.g. see here, here, here, here, here), including the most notorious incident back in 2007 where witnesses observed two hen harriers being shot over Dersingham Bog at the same time that Prince Harry, his mate William van Cutsem (whose Hilborough Estate is currently under police investigation for alleged raptor persecution), and an estate gamekeeper were out duck-shooting. No-one was charged, as with all the other reported incidents except one in 2005, where an estate gamekeeper was convicted for pole-trapping a tawny owl next to a pheasant pen (see here, page 3).

However, it now appears that at least two other raptor persecution incidents on the estate have been kept under wraps for years – a poisoned red kite found in 2006 and a dead Marsh harrier (cause of death not given) found on the estate border in 2007 – according to documents published on Friday by The Guardian – the article is well worth a read, here.

Why has it taken 16 years for these raptor persecution incidents to become public knowledge? And given the timings, wouldn’t it have been pertinent for them to have been in the public domain at the time that Prince Harry, his ‘high society’ mate van Cutsem, along with an estate gamekeeper, were all under police investigation into the alleged shooting of two hen harriers in 2007?

It’s no wonder ‘nothing was found’ during the police investigation into those alleged shootings, given that the police weren’t allowed on site until the following morning.

And surprise, surprise, none of the investigating authorities want to comment on any of these latest revelations. Too scared and too obsequious.

There is a follow-up article in today’s Guardian (here), including quotes from me about these very shady processes that amount to what I would call a massive cover-up.

Well done to journalists Sev Carrell, Rob Evans and David Pegg for having the balls to challenge this nonsense.