Landowners demand right to kill protected birds

Not content with the annual mass slaughter of millions of animals across Scotland (e.g. hares, rabbits, foxes, crows, stoats), landowners are pushing the Scottish government to issue licences to kill protected birds, including raptors.

According to an article in today’s Scotsman, in a forthcoming documentary on illegal raptor persecution in Scotland, Douglas McAdam of the SRPBA puts forward the argument for licences, claiming that they will reduce the incentive for landowners and gamekeepers to illegally poison and shoot protected species.

So what’s wrong with this logic? Well, in my opinion, nothing if you are a criminal, wanting to commit a crime but not be prosecuted for it. Perhaps we should all ask the government for a licence to walk into shops and take what we want? It would certainly be an incentive to stop the criminal activity of shoplifting but the only ones to benefit would be the shoplifters, not society as a whole. Who would benefit from the licensed killing of protected birds? The landowners. The rest of society would be left all the poorer for the loss of our magnificent species.

There’s nothing illegal about the SRPBA asking for the issue of licences – they are perfectly entitled to do this, and there is even a provision in the Scottish legislation to allow for the issue of licences. Fortunately, so far, our government has not been swayed by the argument and has called instead for a reduction in raptor persecution. So far this year there isn’t any evidence that raptor persecution is on the decline – the discovery of poisoned buzzards, poisoned bait, and most recently another poisoned golden eagle, tells us that these filthy criminal activities are continuing with impunity on Scottish shooting estates.

Of course, this isn’t the first time we have heard about the call for licences. The SGA has been campaigning for over ten years for the right to kill protected raptors, including hen harriers and buzzards. We have covered this topic extensively – see herehere, here, here, here, herehere and here.

No doubt these licence requests will persist – regardless of all the scientific evidence that shows how badly damaged our raptor populations already are thanks to the efforts of landowners and gamekeepers across Scotland.

Scotsman article about forthcoming documentary: http://www.scotsman.com/environment/Landowners-demand-right-to-cull.6764420.jp

BBC news: http://www.bbc.co.uk/news/uk-scotland-13339288

2010 map of shame: raptor poisoning on the increase (again)

Here we go again…..the Partnership for Action against Wildlife Crime (PAW Scotland) has published the latest raptor persecution ‘hot-spot’ map based on the official poisoning figures from 2010. Surprise surprise, the number of confirmed poisonings in 2010 was higher than in 2009 and, once again, incidents were recorded throughout the length of mainland Scotland.

Once again, the map refers only to confirmed poisoning incidents – it does not indicate the locations where poisoned baits were discovered. Why not? It also does not indicate any other type of illegal raptor persecution incident such as shooting, trapping, beating, trampling, nest destruction, egg-stealing or other types of deliberate interference. Why not? It doesn’t name the estates where poisoned raptors were discovered. Why not? It doesn’t name the estates where poisoned baits were discovered. Why not? Same old, same old – these were the very questions we were asking this time last year and no doubt we’ll be asking them again next year when yet again, nothing has changed: https://raptorpersecutionscotland.wordpress.com/2010/03/17/2009-map-of-shame-why-not-name-the-estates/

The Scottish Government said the latest maps (both the 2010 map and the cumulative 2006-2010 map) were put together based on SASA data, with input from the government, RSPB Scotland and the SRPBA. I wonder what the SRPBA’s contribution was? Perhaps they were looking over the shoulder of the map-designer and making sure the hotspots were edged an inch or two away from some of their members’ estate boundaries? Heaven forbid that the finger of suspicion should point toward an SRPBA member – they all love raptors and its just a very unhappy coincidence that the land they manage seems to be devoid of hen harriers and eagles and red kites and peregrines and goshawks….

In a statement, Environment Minister Roseanna Cunningham said: “It’s disappointing to see that there has been no improvement in the number of birds of prey being deliberately and illegally poisoned in Scotland in the last twelve months. The fact that 132 of these iconic species have been targeted in the last five years is unacceptable.

It’s especially sad that some of the victims, such as sea eagles, are part of reintroduction programmes and there really has to be a change in attitude amongst those who are persistently involved in killing raptors.

We are taking measures to tackle this problem and have introduced a new vicarious liability offence as part of the Wildlife and Natural Environment (Scotland) Bill to make sure that those who direct or turn a blind eye to bird persecution can be held to account.

I also fully support the work of the Raptor Persecution Priority Delivery Group, which is looking at developing innovative ways to address this persistent problem.”

Ah yes, the Raptor Persecution Priority Delivery Group, whose members include representatives from certain organisations who refuse to even accept that hen harrier persecution is an issue, let alone that any of their members could possibly be responsible. Does anybody with an ounce of intelligence really expect this group to ‘deliver’ anything other than bland sound bites about ‘partnership working’?

Meanwhile, back in the real world, reports are filtering through of the latest bird of prey poisoning incident in Scotland – more news on this when we can confirm the source.

Link to the PAW Scotland press release on the 2010 raptor poisoning maps: http://www.scotland.gov.uk/Topics/Environment/Wildlife-Habitats/paw-scotland/news

Wishy Washy WANE Bill

We can expect to see more images like this in the coming years

The long-debated WANE Bill (Wildlife and Natural Environment [Scotland] Bill) was finally passed by the Scottish Parliament on Wednesday 2nd March 2011. Talk about a missed opportunity to crack down on an industry that continues to flout the law when it comes to wildlife crime! “The Scottish Government is not prepared to tolerate continued persecution of our magnificent birds of prey. This government is prepared to act to introduce new measures to combat wildlife crime”, said a pig as it flew over Inverness Police Station.

A concise overview of how the final Bill relates to the continuing illegal persecution of our so-called protected raptors can be found here:

http://www.scottishraptorgroups.org/news.php

While some aspects of the new Bill are to be welcomed, including the introduction of vicarious liability, other measures that could have had a greater impact were refused. One such measure, estate licensing, was turned down in favour of allowing the sporting estates an opportunity to introduce voluntary self-regulation. This manifests itself in the form of the ‘Wildlife Estates Initiative’, dreamt up by the SRPBA in the later stages of the WANE Bill proceedings when it looked like they were under threat from the introduction of a licensing system. Who believes that this ‘initiative’ will work? Isn’t it crystal clear, after five decades of systematic raptor persecution, that the shooting industry has proven itself incapable of voluntary self-regulation? Will the new ‘initiative’ be as lacking in credibility as their May 2010 letter to the Environment Minister that 200+ estate owners signed to say that they opposed raptor poisoning? (The same letter that proved to be highly embarrassing just a few weeks later when multiple poisoned raptors were found on Moy Estate, one of the letter’s signatories). We look forward to watching how their latest ‘initiative’ rolls out, and particularly whether they actually publicise the names of the estates that have signed up to it (information that they have so far failed to make public). If they wish to be taken seriously then transparency will be essential.

In summary, there is as much chance of the current WANE Bill being an effective deterrent to illegal raptor persecution as there is of the SGA opening a wildlife sanctuary. However, full credit should go to Peter Peacock MSP for doing his utmost to secure a safe future for our declining raptor populations. He will be sorely missed when he steps down from politics in May, although we are pleased to note that he intends to lobby his colleagues from the sidelines. RSPB Scotland and the SRSGs also deserve credit for their lobbying efforts throughout the WANE Bill process. Some credit should be given to Roseanna Cunningham for sticking to her guns on the vicarious liability issue, although she loses points for stamping all over some of the other proposals that really could have made a difference.

As we approach the Scottish elections in May, you may want to know how your MSP voted on the raptor persecution issue during the WANE Bill. Check out the official report here:

http://www.scottish.parliament.uk/apps2/business/orsearch/ReportView.aspx?r=6146&mode=html#iob_55286

We were wrong – 2,314 hen harriers not missing from Scotland….

….the latest total has now increased up to 2,602 missing hen harriers in Scotland, according to the latest research!

You may recall (see blog posts 23 Jan & 19 Feb) that in the recently published Hen Harrier Framework Report, the potential hen harrier population in Scotland was estimated to be within the range of 1,505 – 1,790 breeding pairs (3,010 – 3,580 individuals). Also included in the Framework report were the results of the 2004 National Hen Harrier Survey, which found that only 633 pairs were present in Scotland – a shortfall of up to 2,314 birds. The Framework report was heavily criticised by various grouse-shooting interest groups (yawn), who were particularly upset that the Framework report had relied upon the results of the 2004 survey and not on a more up-to-date survey. Be careful what you wish for – the results of the 2010 National Hen Harrier Survey have just been analysed and guess what? The population was even lower in 2010 than it was in 2004. No surprise there then.

According to the 2010 Survey, the Scottish population has declined by another 22.7% in the space of six short years, and is now a pathetic 489 breeding pairs – this means that between 1,016 – 1,301 pairs (2,032 – 2,602 individuals) are now missing.

As today sees the final stage of the WANE Bill debate in the Scottish Parliament, you’d better hope that your MSPs recognise the cause (grouse-shooting) and effect (a continually declining hen harrier population) of this disgraceful situation and vote to accept the proposed new measures to bring to justice those who continue to illegally decimate our natural heritage. We will report on the outcome of the votes in due course.

Article on the 2010 National Hen Harrier Survey here: http://www.scottishraptorgroups.org/news.php

BBC news story here: http://www.bbc.co.uk/news/uk-scotland-12617877

Sporting estates with persistent record of raptor poisoning could face loss of shooting rights

The Daily Telegraph reports that MSP Peter Peacock is preparing to submit a new ammendment to the WANE Bill that will allow the Scottish government to issue ‘yellow cards’ to sporting estates that persistently poison birds of prey.

The issue of estate licensing has featured widely in the drafting of the forthcoming WANE Bill, but has so far been met with resistance from Environment Minister, Roseanna Cunningham. The new ammendment differs in that it will not automatically apply to ALL estates – instead, it suggests that it will be applicable only to those estates that persistently engage in the criminal activity of raptor poisoning.

Mr Peacock said he is changing the wording of his proposal to ensure there is an earlier right of appeal and stressed that action could not be taken on the basis of a single incident.

“Where there’s a recurrent problem, this would give ministers powers to intervene,” the Highlands and Islands MSP said.

“If the estate owner says ‘we share your concerns and this is what we propose to do about it’, it may go no further.

“If not, then ministers can say there’s reasonable case for intervention here and ask the estate to formally respond with an action plan. If this is not sorted, then the ultimate sanction can be imposed.”

He confirmed this would be a “restriction order”, the suspension of shooting rights for however long its takes for the estate to show its record has improved.

Asked what would be required for this procedure to be initiated, Mr Peacock listed a range of supporting evidence such as the carcases of dead birds, the presence of illegal poisons and local raptor populations being significantly lower than projected.

A spokesman for the Scottish Estates Business Group said: “We are very concerned by the indiscriminate approach being taken.”

He seems to be missing the point. The new ammendment would not be indiscriminate (unlike the original ammendment where ALL sporting estates would be licensed) – instead, it would only target those estates that refuse to abide by the laws of the land. Sounds like a promising compromise to me.

Daily Telegraph article: http://www.telegraph.co.uk/news/newstopics/politics/scotland/8285873/Sporting-estate-yellow-cards-for-bird-poisoning.html

Silence over hen harrier carnage – now updated

One week on from the publication of the Hen Harrier Conservation Framework, leaked by investigative journalist Rob Edwards on 16 January 2011, here are the published responses from the shooting lobby and from those with a statutory duty to protect this species of high conservation concern:

Scottish Gamekeeper’s Association – silence

Scottish Rural Properties & Business Association (SRPBA) – silence

Scottish Estates Business Group (SEBG) – silence

Scotland’s Moorland Forum – silence

Game and Wildlife Conservation Trust (GWCT) – silence

Scottish Natural Heritage (SNH) – silence

Partnership Against Wildlife Crime Scotland (PAWS) – silence

National Wildlife Crime Unit (NWCU) – silence

Interesting. Perhaps they’re all hoping that if they keep quiet, everyone will forget about the damning evidence presented in the report? It is, after all, only the 5th scientific study published since 1997 to demonstrate the indisputable link between hen harrier persecution and heather moorland that’s managed for red grouse shooting. Here’s a quick summary for anyone who missed the latest scientific facts:

  • The potential national Hen Harrier population for Scotland is estimated to be within the range 1505 – 1790 pairs.
  • The most recent national survey of Hen Harriers in Scotland (2004) was estimated to include 633 pairs.
  • This means that 872 – 1,157 harrier pairs (1,744 – 2,314 individuals) are missing.
  • The areas from where these birds are missing are areas managed as grouse moors.
  • Illegal persecution of hen harriers is particularly prevalent in five areas, where the majority of breeding attempts fail. These five areas are: Central Highlands, Cairngorm Massif, Northeast Glens, Western Southern Uplands and Inner Solway, and Border Hills.
  • At a national scale, the hen harrier in Scotland is not in favourable conservation status, largely due to illegal persecution. Ditto the English hen harrier population.

So, up to 2,314 hen harriers are missing in Scotland, and no-one has anything to say about it? Think about that number. It’s not 23, it’s not even 213 – it is two thousand, three hundred and fourteen birds. This is wholesale destruction on a massive scale! Are we to believe that “just a few rogues” are responsible?

How much more scientific evidence is required before we see the effective enforcement of our wildlife legislation? How can those people who own and manage the sporting estates still be getting away with this level of illegal activity? Why is the Environment Minister still set against the licensing of sporting estates, when it is blindingly obvious that they are unable to self-regulate?

In light of the contents of the leaked report, it is to be hoped that the Scottish Government’s Rural Affairs & Environment Committee will once again push for an amendment to the WANE Bill for estate licensing. Stage 2 of the Bill was completed on Wednesday 19 January and there was no mention of the Hen Harrier Framework during that meeting, probably because the RAE Committee hadn’t had time to read the report in full. Stage 3 begins in several weeks and by that time the Committee and the Environment Minister should be fully conversant with the extent of illegal raptor persecution on Scottish grouse moors.

UPDATE: 28 January 2011. SRPBA denies extent of persecution (yawn)

The SRPBA has written a letter of response to The Sunday Herald, dated 16 January 2011. I’m not sure if it was actually published by The Herald, but here it is as a PDF – SRPBA response to killing fields article 16 Jan 2011

UPDATE: 19 February 2011. See our blog entry on 19 Feb 2011 for an update on this story.

Hen Harrier Conservation Framework – leaked!

Follow this link to journalist Rob Edward’s website, where a leaked copy of the Hen Harrier Conservation Framework report is available to download – http://www.robedwards.com/2011/01/revealed-scotlands-bird-killing-fields.html#more

Vicarious liability one step closer

Congratulations to the Scottish Parliament’s Rural Affairs & Environment Committee for its continued support of the proposed introduction of vicarious liability to the WANE Bill. Their latest deliberations took place at Holyrood on Wednesday 12 January 2011 during Stage 2 of the Bill and all bar one of the committee members were very much in support of Roseanna Cunningham’s ammendment on this issue.

No surprise to learn that the only person who opposed it was John Scott MSP, who tried to suggest that the issue had been sprung on landowners out of the blue and that the neccesary consultation was inadequate. Roseanna Cunningham bit back with some welcome feistiness and told him his suggestions were nonsense – she had warned over a year ago that unless raptor persecution levels showed a significant drop, then vicarious liability was going to be “inevitable”. She had wanted to give the shooting industry an opportunity to get their house in order on a voluntary basis but after the appalling incidents at Skibo Estate, Moy Estate, and others throughout 2010, it was blatantly obvious that the industry was incapable of self-regulation and thus further legislation was neccessary. The rest of the RAE Committee agreed with her and John Scott MSP was out-voted 7 – 1 for the ammendment to continue to Stage 3.

John Scott also used the Stage 2 meeting to try and bring an ammendment that would allow more flexibility for the issue of licences to kill protected species (presumably starting with buzzards) under the European Birds Directive. That was also given short shrift by the Environment Minister who told him that the flexibility offered by the Directive was inapplicable to sport shooting.

There was no mention of the Hen Harrier Conservation Framework during the 3 hour meeting – presumably because most of the Committee have not yet been given the opportunity to read it. Hopefully it will be available to them before the concluding Stage 2 meeting at the end of January.

Wednesday’s meeting can be viewed on Holyrood TV: http://www.holyrood.tv/library.asp?iPid=3&section=102&title=Rural+Affairs+and+Environment+Committee

Hen harriers and gamekeepers – ‘damning evidence’ soon to be published

Following the blog posts of December 18th and 24th 2010 about the delayed publication of the long-awaited Hen Harrier Conservation Framework report, one of our readers emailed the Environment Minister, Roseanna Cunningham. Thank you Mike Price for sending us the government’s response:

Thank you for your email of December 24th, to Roseanna Cunningham MSP, Minister for Environment and Climate Change, regarding the Conservation Framework for Hen Harriers. I have been asked to respond on behalf of the Scottish Government.

We are aware of the report and of the delays that it has experienced on its way to publication. Although my understanding is that SNH have arranged meetings with stakeholders to go through their scientific concerns, I appreciate that this is frustrating for those who have an interest in raptors in Scotland and are waiting for the report’s conclusions to be made public.

We have been assured by SNH that the report will be published before the Parliament has completed consideration of the Wildlife and Natural Environment (Scotland) Bill and will be made available to the Rural Affairs and Environment Committee. While I can’t comment on the content of a report that is yet to be published, I assure you that the Minister and her officials look forward to reading its conclusions with great interest.

Kind regards

Catherine Murdoch

Natural Resources Division

Rural and Environment Directorate

The Scottish Government

Phone: 0131-244 7140

Mail: 1-D North, Victoria Quay, Edinburgh EH6 6QQ

For information on wildlife crime and PAW Scotland, please visit http://www.PAW.Scotland.gov.uk

Meanwhile back in Gamekeeper World, the SGA has announced it is conducting a national wildlife survey on sporting estates, focusing on birds. SGA Chairman Alex Hogg says on his blog: “We know from extensive scientific studies that land which is managed by gamekeepers has some of the most prolific wildlife in the country“. Hmm, we also know from extensive scientific studies that land which is managed by gamekeepers is where raptors are persistently and illegally persecuted. The forthcoming Hen Harrier Framework report provides very clear evidence that the land where hen harriers are absent (despite it being apparently suitable breeding habitat) also just happens to be land that is managed as grouse moors. What an amazing coincidence! In fact, isn’t that also what the Golden Eagle Conservation Framework reported in 2008? Yes, I think it is. A cynic may conclude that the SGA’s national wildlife survey is simply their latest public relations offensive in an attempt to bury the devastating evidence of hen harrier persecution on Scottish sporting estates that will shortly be published for all to read. And yes, we have read the report – and it most certainly does contain damning evidence. We’ve considered posting it on this site but we will wait and hope that SNH keeps its promise and publishes the report sometime this month.

Alex goes on to encourage SGA members to participate in the forthcoming bird survey, and tells them that the survey form will only take “a short time” to fill in. Is that because most of the native birds have been illegally poisoned, or shot, or clubbed to death after being caught in a trap….?

Alex Hogg Blog here: http://www.scottishgamekeepers.co.uk/content/gamekeepers-conduct-national-wildlife-survey

MSP asks questions about delayed Hen Harrier Framework report

A switched-on MSP has recognised the importance of the Hen Harrier Framework report and its relevance to the current WANE Bill debates,  and has raised formal questions in the Scottish Parliament about its delayed publication.

On December 21st 2010, MSP Peter Peacock (Labour: Highlands & Islands) lodged the following two written questions:

To ask the Scottish Executive what the (a) timetable and (b) launch date is for the publication and promotion of the hen harrier conservation framework report by the Scottish Raptor Monitoring Scheme partnership;

To ask the Scottish Executive whether the contents of the hen harrier conservation framework report have been made available to the Rural Affairs and Environment Committee and, if not, whether the report will be published before the Parliament has completed consideration of the Wildlife and Natural Environment (Scotland) Bill.

http://www.scottish.parliament.uk/business/businessBulletin/bb-10/bb-12-22e.htm

Parliamentary questions can be asked by any MSP to the Scottish Government/Executive. The questions provide a means for MSPs to obtain factual and statistical information from the Scottish Government. Written questions must be answered within 10 working days (20 working days during recess). Peter Peacock’s questions are due for answer on Thursday 27 January 2011.

Peter Peacock is no stranger to the WANE Bill, as he is a member of the Rural Affairs & Environment Committee (the committee tasked to consider the finer details of the proposed Bill). He has emerged as one of the leading MSPs trying to introduce measures to ensure that those responsible for illegal raptor persecution are brought to justice for their crimes. He obviously recognises that the information contained within the Hen Harrier Framework report could have a strong influence on the outcome of these proposed measures. The report is alleged to contain “damning evidence” about hen harrier persecution in Scotland and its link to grouse moors – evidence that might just persuade MSPs that the time for strong action against these criminal activities is long overdue.

Unsurprisingly, there have been no calls of concern over the delayed publication of the Hen Harrier Framework report from groups with an interest in game shooting. Is it because they already know the extent of the “damning evidence“, and know that the release of this evidence will weaken their stance as they try to oppose measures such as vicarious liability or estate licensing? Below is a link to a news report from The Independent dating back to 2003, where Scottish Gamekeeper’s Association Chairman Alex Hogg seeks licences for gamekeepers to kill hen harriers. But not all hen harriers, of course, only those that are considered to be “problem” birds. The difficulty here is that many gamekeepers consider ALL hen harriers to be “problem” birds (because they eat red grouse and pheasants) – and they’ll kill them whether they have a licence to do so or not – as the contents of the Hen Harrier Framework report will show. Interesting also to note that in 2003 the Scottish Government introduced “tough new legislation to arrest and imprison anybody who poisons, traps or shoots birds of prey“. Nearly eight years later, how effective has that “tough new legislation” been? I’d say totally ineffective, given the pitiful sentences handed out by Sheriffs to people convicted of such crimes.

http://www.independent.co.uk/news/uk/home-news/gamekeepers-want-to-kill-birds-of-prey-598863.html