Pigeon fancier fined £450 for shooting sparrowhawk

A pigeon fancier has been fined a measly £450 after pleading guilty to shooting and killing a sparrowhawk.

60 year old Duncan Cowan from Cowie in Stirlingshire was observed coming out of his shed with an air rifle and firing at a sparrowhawk in the field behind his garden on 18 April 2019. He fired three or four times as the sparrowhawk attacked a pigeon.

The police were called and the Scottish SPCA took the shot sparrowhawk for veterinary attention but it didn’t survive its injuries.

[Cowan outside his shed. Media handout]

Yesterday at Stirling Sheriff Court Cowan pleaded guilty to a charge under Section 1(1)(a) of the Wildlife and Countryside Act 1981 resulting in the fine.

Sara Shaw, Procurator Fiscal, Wildlife and Environment, said: “I welcome today’s conviction and the message it sends to those who choose to commit acts of violence against wild birds. Wild birds are given strict protection under our wildlife laws and COPFS will continue to prosecute such cases where appropriate to ensure that offenders are brought to justice.”

The sooner the proposed increased penalties for wildlife crime are enacted, the better. Having said that, the current maximum penalty available is £5,000 and/or a six month custodial sentence so a fine of £450 is still incredibly lenient for the deliberate injuring (and subsequent killing) of a protected species.

After gamekeepers, pigeon fanciers accounted for a significant proportion of all those convicted for raptor persecution crimes between 1990 – 2018, according to RSPB data (BirdCrime Report 2018)

 

 

 

2018 worst year in more than a decade for illegal raptor persecution in England

Yesterday the RSPB published more data on its Raptor Persecution Map Hub, which now includes 12 years worth of searchable incidents. You can read about it here on the RSPB Investigations Team’s blog.

Coinciding with this release was a piece on the BBC’s Six O’Clock News followed up with a feature on BBC North West’s Inside Out programme.

The Inside Out programme is available to watch on iPlayer here for the next 29 days.

The feature runs for about ten minutes and includes interviews with the RSPB’s Investigations Team, North Yorkshire Police’s award-winning Wildlife Crime Officer Sgt Stu Grainger, and the Moorland Association’s top contortionist Amanda Anderson.

To be honest there’s nothing new here at all – it’s a well-rehearsed pantomime with claims made by the RSPB (based on evidential data) and counter-claims from the grouse shooting industry (pretending everything’s fine) but nevertheless, still well worth the airplay on national news that undoubtedly will have reached some people who’d previously been unaware of the level of criminality on many of the grouse moors of northern England.

The journalist, Gareth Barlow, did a reasonable job although just lacked the killer questions that would have exposed the Moorland Association’s nonsense with ease. For example, he picked up that 2018 was the worst year for recorded raptor persecution crimes in over a decade but he let Amanda Anderson get away with some snakeish slithering around the facts, as follows:

Gareth Barlow:A study from last year of data trackers showed that hen harriers are ten times more likely to die or disappear over land associated with grouse moors. How do you react to that data?”

Amanda Anderson:The study of tagged birds up to 2017 raises considerable issues. But actually since then 2018 saw 34 fledged hen harrier chicks in England and last year a record-breaking 47 chicks fledged, mostly from grouse moors“.

Let’s just analyse Amanda’s response. A casual and uninformed listener might think that, based on what she said, the grouse shooting industry has cleaned up its act since 2017, with ‘record-breaking’ [ahem] numbers of chicks fledging and everything’s fine now, nothing to see here, move along, gamekeepers love hen harriers too and the killing has stopped. But what happens to those ‘record-breaking’ number of fledged hen harriers once they leave the nest?

What Amanda ‘forgot’ to mention was the long list of satellite-tagged hen harriers that have either vanished in suspicious circumstances or been found illegally shot or trapped or poisoned, mostly on or close to land managed for game bird shooting, since 2018 (and since DEFRA’s so-called Hen Harrier Action Plan was enacted):

February 2018: Hen harrier Saorsa ‘disappeared’ in the Angus Glens in Scotland (here). The Scottish Gamekeepers Association later published false information claiming the bird had been re-sighted. The RSPB dismissed this as “completely false” (here).

5 February 2018: Hen harrier Marc ‘disappeared’ on a grouse moor in Durham (here)

9 February 2018: Hen harrier Aalin ‘disappeared’ on a grouse moor in Wales (here)

March 2018: Hen harrier Blue ‘disappeared’ in the Lake District National Park (here)

March 2018: Hen harrier Finn ‘disappeared’ near Moffat in Scotland (here)

18 April 2018: Hen harrier Lia ‘disappeared’ in Wales and her corpse was retrieved in a field in May 2018. Cause of death was unconfirmed but police treating death as suspicious (here)

8 August 2018: Hen harrier Hilma ‘disappeared’ on a grouse moor in Northumberland (here).

16 August 2018: Hen harrier Athena ‘disappeared’ on a grouse moor in Scotland (here)

26 August 2018: Hen Harrier Octavia ‘disappeared’ on a grouse moor in the Peak District National Park (here)

29 August 2018: Hen harrier Margot ‘disappeared’ on a grouse moor in Scotland (here)

29 August 2018: Hen Harrier Heulwen ‘disappeared’ on a grouse moor in Wales (here)

3 September 2018: Hen harrier Stelmaria ‘disappeared’ on a grouse moor in Scotland (here)

24 September 2018: Hen harrier Heather ‘disappeared’ on a grouse moor in Scotland (here)

2 October 2018: Hen harrier Mabel ‘disappeared’ on a grouse moor on the edge of the Yorkshire Dales National Park (here)

3 October 2018: Hen Harrier Thor ‘disappeared’ next to a grouse moor in Bowland, Lanacashire (here)

26 October 2018: Hen harrier Arthur ‘disappeared’ on a grouse moor in the North York Moors National Park (here)

10 November 2018: Hen harrier Rannoch ‘disappeared’ on a grouse moor in Scotland (here). Her corpse was found nearby in May 2019 – she’d been killed in an illegally-set spring trap (here).

14 November 2018: Hen harrier River ‘disappeared’ on a grouse moor in the Nidderdale AONB (here). Her corpse was found nearby in April 2019 – she’d been illegally shot (here).

16 January 2019: Hen harrier Vulcan ‘disappeared’ in Wiltshire close to Natural England’s proposed reintroduction site (here)

7 February 2019: Hen harrier Skylar ‘disappeared’ next to a grouse moor in South Lanarkshire (here)

22 April 2019: Hen harrier Marci ‘disappeared’ on a grouse moor in the Cairngorms National Park (here)

11 May 2019: A male hen harrier was caught in an illegally-set trap next to his nest on a grouse moor in South Lanarkshire. He didn’t survive (here)

7 June 2019: A hen harrier was found dead on a grouse moor in Scotland. A post mortem stated the bird had died as a result of ‘penetrating trauma’ injuries and that this bird had previously been shot (here)

11 September 2019: Hen harrier Romario ‘disappeared’ on a grouse moor in the Cairngorms National Park (here)

10 October 2019: Hen harrier Ada ‘disappeared’ on a grouse moor in the North Pennines AONB (here)

12 October 2019: Hen harrier Thistle ‘disappeared’ on a grouse moor in Sutherland (here)

November 2019: Hen harrier Mary found illegally poisoned on a pheasant shoot in Ireland (here)

There are two more satellite-tagged hen harriers (Tony & Rain) that are reported either confirmed or suspected to have been illegally killed in the RSPB’s Hen Harrier LIFE Project Report but no further details are available.

And then there were last year’s brood meddled hen harrier chicks that have been reported ‘missing’ but as they’re carrying a new type of tag known to be unreliable it’s not known if they’ve been bumped off or if they’re still ok. For the purposes of this mini-analysis we will discount these birds.

So that makes a total of at least 29 hen harriers that are known to have either ‘disappeared’ in suspicious circumstances or have been found illegally killed in the last two years, during the period that Amanda Anderson was suggesting the killing had stopped.

That’s a lot of incidents for Amanda to ‘forget’ to mention, isn’t it?

And we’re supposed to trust the Moorland Association when it claims to have ‘zero tolerance’ for raptor persecution!

Leadhills Estate loses appeal against General Licence restriction

Well this is very welcome news.

The Leadhills (Hopetoun) Estate in South Lanarkshire has lost its appeal to Scottish Natural Heritage (SNH) against a General Licence restriction which had been imposed on the estate after ‘clear evidence of wildlife crime’ was found on the grouse moor.

A quick re-cap:

In late November 2019 Scottish Natural Heritage (SNH) imposed a three-year General Licence restriction on Leadhills Estate, South Lanarkshire, after receiving what it described as “clear evidence” of wildlife crimes from Police Scotland (see herehere and here).

Those alleged offences included the ‘illegal killing of a short-eared owl, two buzzards and three hen harriers’ that were ‘shot or caught in traps’ on Leadhills Estate since 1 January 2014 (when SNH was first given powers to impose a General Licence restriction). SNH had also claimed that ‘wild birds’ nests had also been disturbed’, although there was no further detail on this. The estate has consistently denied responsibility.

[This male hen harrier was found with its leg almost severed, caught in an illegally-set trap next to its nest on Leadhills Estate in 2019. Despite valiant efforts by a top wildlife surgeon, the bird didn’t survive. Photo by Ruth Tingay]

On 10 December 2019 SNH lifted the General Licence restriction due to an on-going appeal by Leadhills Estate against the decision (see here), which meant the estate’s gamekeepers could go back to killing as many so-called ‘pest’ bird species as they liked, under General Licences 1,2 & 3, without any monitoring or reporting requirements whatsoever.

Today, SNH has completed the appeals process and has upheld its original decision to impose the General Licence restriction on Leadhills Estate. SNH issued the following statement:

This General Licence restriction will now remain in place on Leadhills Estate until 26 November 2022, unless the estate tries to challenge SNH’s process via Judicial Review. It means that the estate can continue to kill so-called pest species but it can only do so if SNH grants individual licences to the gamekeepers which will prescribe terms and conditions of use and include a requirement to report on the number and species killed. The estate will also be subject to unnanounced visits by SNH staff to check compliance.

This is a feeble sanction for ‘clear evidence’ of wildlife crime. Although from our point of view it is better than nothing as we can now access any individual licences and the subsequent returns via FoI and gain a better insight in to the extent of [lawful] wildlife killing on this estate.

Of course, had an estate licensing scheme been in place, as recommended by the Werritty Review, Leadhills Estate may well now have been facing a period where it was not permitted to shoot red grouse for a number of years.

Also of great interest to us, now that Leadhills Estate has lost its appeal, is the ongoing relationship between Leadhills (Hopetoun) Estate and Scottish Land & Estates, the moorland owners lobby group in Scotland. We’ve discussed this before (here) – Leadhills is a member of SLE and Lord Hopetoun is Chair of SLE’s Scottish Moorland Group, which is involved in the Gift of Grouse propaganda campaign etc.

We’d like to hear from SLE about whether Leadhills Estate will now be ejected as a member and if not, why not? We’d also like to hear whether Lord Hopetoun will continue as Chair of the Scottish Moorland Group.

Watch this space.

Shot buzzard found in Peak District National Park

A critically injured buzzard was found at Rushup Edge, near Mam Tor in the Peak District National Park on 13th January 2020.

A veterinary examination revealed shot in the body and a broken wing. Unfortunately due to the extent of its injuries the buzzard had to be euthanised.

Derbyshire Police’s Rural Crime Team issued this appeal for information on Facebook yesterday:

Without any further detail (like seeing an x-ray) it’s not possible to gauge the extent of the buzzard’s injuries and thus estimate how far it might have been able to fly before becoming grounded. However, with a broken wing it’s probably safe to assume that it didn’t fly very far from the area where it was found:

It should be shocking that a protected species has been found illegally shot inside a protected area (a National Park). However, this is the UK, where birds of prey are routinely targeted and killed inside National Parks, and especially inside this one – the Peak District National Park is a notorious hotspot for illegal raptor persecution.

On and on it goes.

Buzzard found shot in Northumberland

An injured buzzard was found by a member of the public near Acklington, Northumberland on 4 January 2020. It was grounded by the entrance to the Rigg & Furrow Brewery at Acklington Park Farm.

It was transferred to Blyth Wildlife Rescue where x-rays revealed shotgun pellets in both wings. The location of the shooting is unknown.

[Photos via Jane Hardy]

The buzzard is still undergoing treatment and assessment at the rescue centre.

 

Kestrel found shot in Nidderdale AONB, North Yorkshire

Nidderdale Area of Outstanding Natural Beauty (AONB) in North Yorkshire is one of the most notorious raptor persecution blackspots in the UK.

Here it is in the news again, following the discovery of a critically injured kestrel suffering shotgun injuries. This is the THIRD shot kestrel we’ve reported on this blog in the last week (for the other two see here and here).

APPEAL FOR INFORMATION FROM NORTH YORKSHIRE POLICE (23rd January 2020)

Appeal for information after kestrel found shot near Harrogate.

North Yorkshire Police is appealing for information after a kestrel was found severely injured in Birstwith.

A member of the public found the kestrel grounded and suffering injuries in Birstwith near Harrogate on 30 December 2019. The kestrel was quickly taken to a specialist vet for treatment, where x-rays found the body contained two shotgun pellets.

One pellet was near the right stifle and the other in the shoulder region which it is likely had caused a debilitating fracture. The injuries were deemed to be very recent and would have rendered the bird unable to fly so it is unlikely to have travelled far from where it had been shot. The kestrel was also in good bodily condition so the injuries are believed to have been sustained fairly recently before it was found.

Given the location of the fracture and the kestrel’s need for very fine control of flight in order to hover, the decision was sadly taken to humanely euthanase the bird.

North Yorkshire Police is appealing for anyone with information about this incident or who may have seen anything in the area shortly before the bird was found to please call 101 quoting reference number: 12190238326

If you wish to remain anonymous, you can pass information to Crimestoppers on 0800 555 111.

ENDS

 

Kestrel shot in Gloucestershire

Just three days ago we blogged about a kestrel that had been found shot in Huddersfield (see here), one of several shot kestrels in the UK in recent years (e.g. see herehereherehere and here).

Here’s another one.

This time the kestrel has had to be euthanised in Gloucestershire after suffering devastating injuries.

He was seen falling to the ground by two members of the public immediately after they heard the shot. The kestrel was taken to Vale Wildlife Hospital but his injuries were catastrophic.

[Photos from Vale Wildlife Hospital]

This incident happened at around 4pm on January 12 on Strawberry Hill on Tewkesbury Hill and Ford House Lane just outside Newent in the Forest of Dean.

Rural and Wildlife Crime Officer PC Cath McDay said: “Someone has broken the law in shooting this protected bird of prey, which sadly could not be saved. This is unacceptable behaviour and I’m asking for anyone with information to contact police.”

Contact the police on tel 101 and quote reference #196 (13 Jan) or contact the RSPB on 01767 680551 or fill in their  crime form anonymously.

Kestrel found shot in Huddersfield

A kestrel was found shot in the Hade Edge area of Huddersfield, Yorkshire on Saturday 18th January 2020. It has been rescued and is currently undergoing treatment at Meltham Wildlife Rescue.

[Photos from West Yorkshire Police Wildlife Crime Officer PC Newsome, on Twitter as @WYP_CNewsome]

Well done to this police wildlife crime officer for getting the news out so quickly. Anyone with information is asked to contact the Police on Tel 101 and quote reference #13200032608.

You have to wonder what sort of moron takes a shot at a kestrel. Sadly it’s not the first – see here, here, here, here and here and it most definitely won’t be the last.

Decision due on General Licence restriction for Leadhills Estate

On 26 November 2019 Scottish Natural Heritage (SNH) imposed a three-year General Licence restriction on Leadhills Estate, South Lanarkshire, after receiving what it described as “clear evidence” of wildlife crimes from Police Scotland (see herehere and here).

Those alleged offences included the ‘illegal killing of a short-eared owl, two buzzards and three hen harriers’ that were ‘shot or caught in traps’ on Leadhills Estate since 1 January 2014 (when SNH was given the power to impose a General Licence restriction on estates or individuals in Scotland). SNH also claimed that ‘wild birds’ nests had also been disturbed’, although no further detail was provided. The estate has consistently denied responsibility and implied it was the work of ‘bird of prey activists‘.

[This adult male hen harrier was found with his leg clamped in an illegally-set spring trap next to a nest on Leadhills Estate in May 2019. His leg was almost severed and despite the valiant efforts of a world-class wildlife vet, he had to be euthanised]

The General Licence restriction was supposed to be in place for three years but it lasted only 14 days. On 10th December 2019 SNH lifted the restriction because Leadhills Estate had chosen to appeal the decision to restrict.

According to SNH policy, an appeal has the immediate effect of suspending the General Licence restriction from the date SNH receives the appeal letter. SNH then has to consider the appeal and must notify the estate of the appeal outcome in writing, setting out the reasons behind the decision. SNH policy guidelines state it will seek do this within four weeks of receiving the appeal letter.

Those four weeks are now up (Tues 7th Jan was the four week marker) although there was the Xmas break to consider so perhaps it’ll take a bit longer. Although to be frank it shouldn’t take any time at all to reach a decision. SNH has already been through an appeals procedure with the estate – as per SNH policy – when SNH first notified Leadhills that a General Licence restriction was being considered. Leadhills Estate then had an opportunity to state its case and explain why a restriction shouldn’t be made. In this case, SNH chose to crack on and imposed the restriction based on the ‘clear evidence’ of wildlife crime provided to SNH by Police Scotland. Why there now has to be a second appeal process is anyone’s guess.

Maybe it’ll catch on. Maybe suspects at a police station, having had an opportunity to defend themselves before a charge is laid, will then be given a further 14 days after the charge has been laid to appeal the charging decision all over again and by doing so can have the original charge lifted for at least four weeks while the police/CPS consider the second appeal. It’s genius.

It’s quite likely that a lot of people will be paying close attention to SNH’s decision on whether or not to reinstate the General Licence restriction at Leadhills Estate, not least grouse moor owners’ lobby group Scottish Land and Estates (SLE). Leadhills Estate is a member of SLE and Lord Hopetoun of Leadhills Estate is Chair of SLE’s Moorland Group. So far, SLE has not commented publicly on this fascinating relationship.

SNH reinstates General Licence use on Leadhills Estate during appeal process

In late November 2019 Scottish Natural Heritage (SNH) imposed a three-year General Licence restriction on Leadhills Estate, South Lanarkshire, after receiving what it described as “clear evidence” of wildlife crimes from Police Scotland (see here, here and here).

Those alleged offences included the ‘illegal killing of a short-eared owl, two buzzards and three hen harriers’ that were ‘shot or caught in traps’ on Leadhills Estate since 1 January 2014 (when SNH was given the power to impose a General Licence restriction on estates or individuals in Scotland). SNH has also claimed that ‘wild birds’ nests have also been disturbed’, although there is no further detail on this. The estate has consistently denied responsibility.

[The body of a shot short-eared owl that was found shoved under some heather on Leadhills Estate in May 2017. Photo by RSPB Scotland]

The General Licence restriction was imposed on Leadhills Estate on 26 November 2019.

It lasted for just 14 days.

On 10 December 2019, a notice appeared on SNH’s website announcing that the restriction had been lifted due to an on-going appeal:

This means that Leadhills Estate can, until further notice, go back to using General Licences 1, 2 & 3 to lawfully kill hundreds if not thousands of certain bird species (e.g. crows) on the estate without having to report its activities to anybody.

Leadhills Estate is perfectly entitled to appeal SNH’s decision to impose the General Licence restriction. SNH has a clearly-explained policy on its appeals procedure, which states an appeal must be made within 14 days of SNH’s decision to impose the restriction and that appeal must be in writing. From the information available in the public domain it looks like Leadhills Estate has met this deadline.

An appeal has the immediate effect of suspending the General Licence restriction from the date SNH receives the appeal letter. SNH now has to consider the appeal and must notify the estate of the appeal outcome in writing, setting out the reasons behind the decision. SNH says it will seek do this within four weeks of receiving the appeal letter.

We’ll be monitoring this case very carefully.

There’s quite a lot of deja vu going on here. You might remember that Raeshaw Estate (Scottish Borders) was one of the first to be slapped with a General Licence restriction back in November 2015 (see here). That restriction only lasted for six days before the estate appealed (see here). The appeal failed and two and half months later the General Licence restriction was re-imposed on the estate (see here).

However, a couple of months later the General Licence restriction was suspended again when Raeshaw Estate took SNH to judicial review (see here). Raeshaw lost the judicial review when the court decided SNH had acted fairly so the General Licence restriction was re-instated on the estate, again, approximately one year later (see here). Interestingly, SNH did not backdate the restriction order so effectively Raeshaw Estate didn’t serve a full three-year restriction at all, thanks to all the legal disruption.

During this time Raeshaw employees also applied for individual licences to permit the continued killing of birds on the estate (e.g. 1,000 birds reported killed under one of these licences, see here), but then even the individual licence was revoked after SNH found ‘multiple instances of breaches of conditions of an individual licence that had been granted to cover essential management activities‘ (see here). SNH also said ‘These breaches may also constitute offences under the Wildlife and Countryside Act, so SNH has reported the details to Police Scotland‘. We’re not aware of any pending prosecution in relation to these alleged offences. And SNH chose not to extend the General Licence restriction further, in light of these breaches, even though it had the powers to do so (see here).

The link between Raeshaw Estate and Leadhills Estate, apart from them both being grouse shooting estates and the subject of a General Licence restriction for ‘clear evidence of wildlife crime’? Leading sporting agent and grouse moor ‘guru’ Mark Osborne, whose company J M Osborne & Co is believed to be involved at both estates (involved as in ‘present’, not involved as in ‘guilty of wildlife crime’ – SNH has made clear that a General Licence restriction does not infer responsibility for the commission of crimes on any individuals).

Also of interest, to us at least, is the ownership of Leadhills Estate, which has belonged to the same family (the Hopetouns) for more than 300 years, according to the estate’s website:

It’s also of great interest that not only is Leadhills Estate a member of Scottish Land & Estates (who, incidentally, have said absolutely nothing about this General Licence restriction so far), but that Lord Hopetoun is chair of Scottish Land & Estate’s Scottish Moorland Group:

If Leadhills Estate’s appeal fails and SNH re-instates the General Licence restriction, we’ll be expecting a full response from both Scottish Land & Estates and the Scottish Moorland Group.

UPDATE 9 January 2020: Decision due on General Licence restriction for Leadhills Estate (here)