Tag: shooting

Head gamekeeper Simon Lester resigns from Langholm Moor Demonstration Project

Langholm moorThere had been rumours for a few days and now it’s confirmed: Simon Lester, the head gamekeeper at the Langholm Moor Demonstration Project has resigned.

A statement has appeared on the Langholm Project website and is reproduced as follows:

Simon Lester, the LMDP’s headkeeper, has resigned from the project and will be leaving at the end of March 2016. Simon has provided tireless leadership to the five-man keepering team which has undertaken the key management actions for the project. These have resulted in significant improvement of the heather habitat, the effective use of fiversionary feeding of hen harriers each summer and the management of parasites and predators. These measures have increased the numbers of red and black grouse, and breeding raptors, notably hen harriers. This mixture of traditional and novel management has been successfully demonstrated to hundreds of project visitors by Simon in collaboration with the project’s science team.

Despite a larger grouse population than at the start, the project has not been able to produce a sustainably large, harvestable surplus of driven grouse to economically underpin the management. LMDP is now close to its formal end point and the board is reviewing what can and should be achieved in the remaining term of the project. The project board would like to thank Simon for his exceptional contribution.

It’s an interesting time for him to go, eight years in to a ten-year project. The official statement doesn’t explain his reasons, and nor should it as they’re personal, but it will inevitably lead to speculation.

Perhaps it’s because there (supposedly) hasn’t been an opportunity to begin driven grouse shooting on the moor, which is one of the fundamental aims of this project, although it has been argued that the decision not to shoot has been a political one. Grouse densities at Langholm in 2014 had recovered to the same densities that had allowed driven grouse shooting to take place there in the early 1990s, so why the decision not to shoot now? Many of us think it’s so the grouse-shooting industry can claim that the Langholm Project has ‘failed’, in order for them to persist with their argument that driven grouse shooting can’t function with all those pesky raptors around, even though years of research at Langholm have not produced a scrap of scientific evidence to show raptor predation has a large impact on the red grouse population. According to Langholm Project director Mark Oddy (of Buccleuch Estates), what is required now is lethal raptor control at Langholm (see here). Ah, there’s that ‘local knowledge is just as important as scientific evidence’ piece of guff theory.

Given Simon Lester’s view on raptor culling (he thinks it should happen – see here and here), we thought he might have stuck around at Langholm to see his dreams fulfilled. Although perhaps he realises that the chances of licences being issued to kill buzzards, based on no scientific justification whatsoever, are limited.

Scrolling down the Langholm Project website, it’s fascinating to see what else has been mentioned, or more interestingly, what hasn’t been mentioned.

There’s a bit about one of the guest blogs that appeared on Mark Avery’s website (here) that reported on a presentation given at a GWCT seminar about the Langholm Project, but strangely, there’s no mention of the second guest blog (here) where Mark Oddy (Buccleuch Estates) proclaimed lethal raptor control as the next step forward in the Langholm Project. How odd!

Scroll down a bit further on the Langholm Project website and you’ll find a statement about the illegal shooting of hen harrier ‘Annie’, one of the Langholm-hatched birds. Strangely, there’s no mention of where Annie’s corpse was discovered other than “an area over 40km to the north west of Langholm Moor”. The statement is strangely quiet about the fact that Annie’s corpse was found on a grouse moor on, er, Buccleuch Estates, part of the same estate where the Langholm Project is based. Why so coy? Just because her corpse was found there doesn’t mean that’s where she’d been shot, so why exclude this important detail?

All very odd.

It’ll be interesting to see what happens next at Langholm. Will they employ a replacement head keeper and continue for the final two years, or will they decide to close the project early and declare it a failure?

More raptors illegally killed in Peak District National Park: police appeal 5 months later

Derbyshire Constabulary has today issued a press release appealing for information following the illegal killing of an Osprey (caught in a spring trap) and a buzzard (shot) that were discovered in the Peak District National Park last September. The RSPB is offering a £1,000 reward for information that leads to a conviction.

Here’s the press release:

Derbyshire Police and the RSPB are appealing for information following the illegal killing of two birds of prey near to Glossop, Derbyshire. A £1000 reward has been offered by the RSPB for information leading to a conviction.

On September 09, 2015, a dead osprey was found to the west of Derbyshire Level. A post mortem on the bird revealed that both its legs had been recently broken, injuries which were consistent with it being caught in a spring trap prior to its death. Ospreys are rare visitors to the Peak District and this one would have been on migration to West Africa.

On September 30, a buzzard was found shot dead close to Hurst Reservoir, only a short distance from where the osprey was found. This follows the shooting of another buzzard in the same area in March 2014.

Sergeant Darren Belfield from Derbyshire police said: “I would appeal to anyone who might have any information as to who may be responsible for these cruel acts to contact the police on 101. The continued persecution of birds of prey in the Peak District is totally unacceptable. If you suspect someone of committing any crimes against wildlife, act now. Your call will be dealt with in confidence. If you don’t feel you can talk to the police, pass the information to us through Crimestoppers by ringing 0800 555 111.”

RSPB Investigations Officer Alan Firth said: “Yet again, we are seeing the senseless killing of fantastic birds of prey in the National Park.”

Last year, the RSPB published its annual Birdcrime Report 2014, which revealed Derbyshire as one of the worst places in the UK for bird of prey persecution. In 2014, the RSPB received 16 reports of bird of prey incidents in the county including a shot buzzard, a shot sparrowhawk and an illegally trapped goshawk.

END

So these birds were found “close to Hurst Reservoir”. Have a look at this map and see what else is “close to Hurst Reservoir” (reservoir marked with the red pin). See those tell-tale rectangular strips of burnt heather to the south and south-east of the marker? Quelle surprise, it’s driven grouse moor country.

Hurst Reservoir - Copy

You may remember back in November we blogged about the failed ‘Bird of Prey Initiative’ in the Dark Peak region of this National Park. It was a five-year project aimed at restoring the populations of several raptor species in the area and involved various organisations: The Moorland Association, The National Trust, Natural England, Peak District National Park Authority, and the RSPB. None of the targets were met (see here). In response, the Moorland Association and the Peak District National Park Authority said they’d make ‘renewed commitment’ to protect raptors in the National Park (see here). Riiiiiight, that’s working well then.

Interestingly, the failed initiative was widely reported in the local press, including the Derbyshire Times, whose article on 26th November was entitled ‘Birds of prey killed and abused in Derbyshire’. In reponse to that article, Robert Benson, Chairman of the Moorland Association, penned the following letter:

“I would like to emphatically state in response to your story, ‘Birds of prey killed and abused in Derbyshire’, on November 26th, that one single bird of prey killed illegally is one too many.

However, the Moorland Association was heartened to see RSPB’s latest bird crime figures show a dramatic cut across the UK. Significant reductions in the illegal trapping of birds of prey represent a 78 per cent drop since 2013, with just four confirmed incidents last year.

Of the 19 prosecutions for wild bird offences, three involved gamekeepers, but none were employed on moorland managed for grouse shooting.

Our members spend £52.5 million a year maintaining and conserving habitats which benefit all moorland wildlife. This year, grouse moor managers in England were praised for their part in the most successful hen harrier breeding season for five years.

Many other threatened species, such as lapwing, curlew, and golden plover – in serious decline elsewhere – are doing well on managed moorland. Not birds of prey, but wild, endangered and important nonetheless.

Wildlife crime is being successfully tackled. We already have a robust wildlife licensing system which needs to be used fairly to manage conflict between rapidly increasing bird of prey populations and legitimate and beneficial land use“. Robert Benson, Chairman, Moorland Association.

END

So there we have it. According to Robert, everything’s just rosy, grouse moors are great, and there are too many raptors so gamekeepers should be given licences to kill them legally.

The thing is, Robert Benson is not telling the whole story. He’s right to say that there were four confirmed illegal trapping incidents recorded in 2014, but what he ‘forgot’ to mention was that those four incidents were just a fraction of the 478 incidents of illegal raptor persecution recorded in 2014, including 179 reports of illegal shooting and destruction (of which 46 raptors were confirmed victims) and a further 53 confirmed victims of illegal poisoning. Doesn’t sound quite so rosy now, does it, Robert? He also ‘forgot’ to mention that Derbyshire was the 4th worst region in the UK for raptor persecution crimes in 2014. Oh, and he also ‘forgot’ to mention the quote from the National Wildlife Crime Unit:

“Intelligence continues to indicate a strong association between raptor persecution and grouse moor management“.

One for you anagram fans: Moorland Association = A sad morons’ coalition.

Here are some photos of the latest victims (photos by RSPB)

An x-ray of the shot buzzard:

shot BZ PDNP Sep 2015 - Copy

The osprey alive, with two smashed up legs:

osprey springtrapped PDNP Sep 2015 - Copy

The osprey dead, with two smashed up legs:

osprey springtrapped 2 - Copy

The osprey’s smashed up right leg:

osprey right leg - Copy

More raptor persecution uncovered in the Scottish Borders

We’re still working our way through RSPB Scotland’s recently published twenty-year review (see here) and what a fascinating read it’s proving to be. We’ve already blogged about two things that caught our eye (see here and here), and now here’s the third.

On page 14 of the report, the following has been written:

“Lines 5, 6 and 7 of Table 4 describe the finding at one site, in an area intensively managed for driven grouse shooting, of a set crow trap, hidden within a small area of woodland, which was found to contain two feral pigeons indubitably being used as illegal lures to attract birds of prey. Under a tree, only a few metres away, were found the decomposed carcasses of four buzzards that had been shot, while a short distance from the crow trap a pigeon was found in a small circular cage, with four set spring traps set on the ground, hidden under moss, attached to the trap“.

Here’s a copy of Table 4, with lines 5, 6 and 7 highlighted:

Nr Heriot 2014

Also included in the report is a photograph of the pigeon inside a small cage with the four set spring traps hidden under moss:

Pigeon in trap Heriot 2014

So, according to the RSPB report, these offences were uncovered in May 2014 on a driven grouse moor in the Borders, with the location given as “nr Heriot“. Funny, we don’t remember seeing anything in the press about these crimes.

Hmm. Could these wildlife crimes be in any way related to SNH’s recent decision to serve a General Licence restriction order on parts of the Raeshaw Estate and Corsehope Estate (see here)? Both Raeshaw Estate and neighbouring Corsehope Estate can be described as being ‘nr Heriot’; indeed, the recorded property address for Raeshaw Estate is given as ‘Raeshaw House, Heriot, EH38 5YE’ (although the owner is only listed as Raeshaw Holdings Ltd., registered in the Channel Islands, natch), according to Andy Wightman’s excellent Who Owns Scotland website. And according to SNH, the General Licence restriction order on these two estates was served due to “issues about the illegal placement of traps” (see here). It’s possible that they’re connected, but it’s also possible that these crimes are unconnected with SNH’s General Licence restriction order on these two estates because Raeshaw isn’t the only grouse moor that could be described as being ‘nr Heriot’. Unfortunately, the (lack of) detail available in the public domain doesn’t allow us to be conclusive. Perhaps there’ll be some transparency once the legal arguments (see here) about the General Licence restrictions have concluded (which should happen fairly soon). Then again, perhaps there won’t.

If these crimes were not uncovered on either the Raeshaw or Corsehope Estates, we hope there’ll at least be a General Licence restriction order served on whichever grouse moor these traps were found because there’s been a clear breach of the General Licence rules – pigeons are not permitted as decoy birds in crow cage traps; set spring traps are not permitted out in the open; oh, and shooting buzzards is also illegal. There should also be a prosecution of course, but that’s highly improbable given the track record of non-prosecutions for raptor crimes uncovered in this part of the Borders.

There’s been a long history of raptor persecution “nr Heriot“, dating back to at least 2001. Here’s a list we’ve compiled of confirmed raptor persecution crimes, all listed within RSPB annual reports:

2001 May: poisoned buzzard (Carbofuran) “Heriot Dale”. No prosecution

2003 Feb: poisoned buzzard (Carbofuran) “Heriot”. No prosecution

2003 Mar: poisoned buzzard (Carbofuran) “Heriot”. No prosecution

2003 Apr: poisoned buzzard (Carbofuran) “Heriot”. No prosecution

2003 Nov: poisoned buzzard (Carbofuran) “Heriot”. No prosecution

2004 Feb: Carbofuran (possession for use) “Heriot”. No prosecution

2004 Feb: two poisoned buzzards (Carbofuran) “Heriot”. No prosecution

2004 Oct: poisoned buzzard (Carbofuran) “Heriot”. No prosecution

2005 Dec: poisoned buzzard & raven (Carbofuran) “Heriot”. No prosecution

2006 Sep: poisoned buzzard (Carbofuran) “Heriot”. No prosecution

2006 Oct: poisoned buzzard (Carbofuran) “Heriot”. No prosecution

2009 Mar: two poisoned buzzards (Carbofuran) “nr Heriot”. No prosecution

2009 Jun: poisoned red kite (Carbofuran) “nr Heriot”. No prosecution

2009 Jun: 4 x poisoned baits (2 x rabbits; 2 x pigeons) (Carbofuran) “nr Heriot”. No prosecution

2010 Nov: poisoned buzzard (Carbofuran) “nr Heriot”. No prosecution

2011 Jan: poisoned buzzard (Carbofuran) “nr Heriot” No prosecution

2013 Jun: shot + poisoned buzzard (Carbofuran) “nr Heriot”. No prosecution

2014 May: crow trap baited with two live pigeon decoys “nr Heriot”. Prosecution?

2014 May: four set spring traps beside live pigeon decoy “nr Heriot”. Prosecution?

2014 May: four shot buzzards “nr Heriot” Prosecution?

Not included in an RSPB annual report (because it happened this year): 2015 Jul: shot buzzard “found by side of road between Heriot and Innerleithen” according to media reports (see here). Prosecution?

Interestingly, also not included in the RSPB’s annual reports but reported by the Southern Reporter (here) and the Guardian (here), a police raid on Raeshaw Estate in 2004 uncovered nine dead birds of prey, including five barn owls, two buzzards, a kestrel and a tawny owl, described as being “poisoned or shot“. In addition, “a number of illegal poisons were discovered but no-one was ever prosecuted“. According to both these articles, during a further police raid on Raeshaw in 2009 ‘three injured hunting dogs were seized by the SSPCA on suspicion of involvement with badger baiting’. We don’t know whether that resulted in a prosecution.

Also not included in the above list is the sudden ‘disappearance’ of a young satellite-tagged hen harrier in October 2011. This bird had fledged from Langholm and it’s last known signal came from Raeshaw Estate. A search failed to find the body or the tag.

Fascinating stuff.

Location of shot hen harrier revealed as Cabrach

In the week before Christmas, RSPB Scotland published a 20-year review of crimes against birds of prey. We blogged about it (here) and mentioned that a few things within the report had caught our eye and that we’d come back to them. Here’s the first of those things.

Cabrach shot HH 2013

Table 3 in the report (see above) included a listing for a hen harrier that had been shot in June 2013. We knew about this crime as it had previously been listed in the Scottish Government’s 2013 Annual Wildlife Crime Report, but this was the first time that a location had been given – Cabrach, in Moray.

Cabrach is a parish which is ‘almost entirely under the aegis of the Glenfiddich and Cabrach Estate’ according to this fascinating report (here) and has been at the centre of raptor persecution investigations for a very long time. In 1998, a joint RSPB and Police investigation recorded ten persecution incidents between February and May. These included the discovery of 24 poisoned baits (ten rabbits, six pigeons, six grouse and two hares) that had been laid out on the hill. Three illegal pole traps were also found on the estate as well as an owl with legs that had been smashed in a trap. A dead peregrine was also discovered in the back of the head gamekeeper’s Land Rover – tests revealed it had been poisoned with Carbofuran. The head gamekeeper was convicted (for possession of the dead peregrine) and fined £700 (see here) but prosecutions for the other offences were not forthcoming, presumably due to the difficulty of identifying an individual culprit.

In April 2006 another gamekeeper on this estate was filmed shooting two buzzards that had been caught inside a crow cage trap. After he’d shot them he hid them inside a nearby rabbit hole. He was convicted and fined a pathetic £200 (see here). What wasn’t mentioned in court was that the corpses of another eleven shot buzzards had been retrieved during the investigation from nearby rabbit holes. Here they are listed in the RSPB’s 2006 persecution report:

Cabrach 11 shot buzzards 2006

And so what of the hen harrier shooting in June 2013? We think that this is the crime for which a 58-year old man was reported to the Fiscal in January 2014 (see here) because the hen harrier shot at Cabrach was the only listed hen harrier persecution incident in the RSPB’s data for June 2013 (see top table above).

So, if the 58-year old man was reported to the Fiscal almost two years ago, time is now running out for a prosecution – this case will become time-barred in six months time (June 2016). Let’s hope the Crown is on top of it and that there’s good enough evidence to secure a conviction. It hasn’t been reported whether the 58 year-old man has any connection to the Glenfiddich and Cabrach Estate and so at this stage it shouldn’t be assumed that he has.

New report reveals hundreds of raptors illegally killed on game-shooting estates in Scotland

RSPB persecution review 1994 2014Yesterday the RSPB published its latest figures on illegal raptor persecution in Scotland.

Rather than their usual annual review, this time they’ve produced a 20-year review covering the period 1994-2014. This is a really useful exercise as it puts the scale of (known) persecution in to perspective. It’s a sobering read.

A total of 779 birds of prey were confirmed to have been illegally killed during this period, either by poisoning, shooting or trapping. The known victims included 104 red kites, 37 golden eagles, 30 hen harriers, 16 goshawks, 10 white-tailed eagles and 458 buzzards.

In addition to these confirmed victims, a further 171 incidents are documented where poisoned baits and/or non-birds of prey victims were found, including 14 pet cats and 14 pet dogs, and then a further 134 incidents where no victim had been found but clear attempts to target raptors had been uncovered (e.g. illegally-set traps).

The report includes a map showing the landholdings of all known persecution incidents during this period. As ever, it’s pretty revealing, with a handful on the west coast but the vast majority in the uplands of central, eastern and southern Scotland – areas dominated by driven grouse shooting.

RSPB persecution review 1994 2014 map

Drilling down in to the detail, there’s a useful analysis of land-use type of confirmed poisoning incidents between 2005-2014 (219 incidents). A shocking (or not) 81% of confirmed poisoning incidents during this nine-year period were on land used for game-shooting: 57% on grouse moors and 24% on land managed for lowland pheasant shoots. This tells us a great deal about who is responsible for the vast majority of illegal raptor poisoning. Despite their continued denials and protestations, and their increasingly-desperate attempts to minimise the scale of these crimes (“it’s just a few rogues”, “it’s just a small minority”), this graphic exposes the criminality at the heart of the game-shooting industry:

RSPB persecution review 1994 2014 land use

Further damning evidence, which isn’t needed by most of us but for the benefit of those who are still in denial of the bleedin’ obvious, is this graph showing the occupations of those convicted of raptor persecution between 1994-2014. Surprise, surprise, 86% of them were gamekeepers:

RSPB persecution review 1994 2014 occupation

RSPB Scotland is to be commended for publishing this exceptionally detailed and meticulously-researched report. There are a number of things in it that are of particular interest to us and we’ll come back to those in due course. For now though, particular recognition should go to the Investigations team – they may be small in number but their contribution to exposing the disgraceful continuation of illegal raptor persecution in Scotland is enormous. They, and their colleagues south of the border, are worthy of high acclaim. If anybody reading this is in a position to recognise excellence in the field of raptor conservation, e.g. a nomination for an award, this team should be at the top of your list.

So, how has the Environment Minister, Dr Aileen McLeod, responded to such an embarrassing report? She said: “There is no doubt that the figures in this report make for uncomfortable reading, but we have made progress in recent years with the new vicarious liability provisions, the publication of the report from the Wildlife Crime Penalties Review Group, new measures implementing restrictions on the use of General Licences and earlier this year the Scottish Government funded pesticide disposal scheme that removed over 700kg of illegally held poisons in Scotland“.

“We have made progress…” Hmm. Let’s have a look:

Vicarious liability – introduced almost 4 years ago and only two successful convictions to date. A slow (but good) start, but we need to see many more convictions.

Wildlife Crime Penalties Review – Commissioned over two years ago, published last month. An excellent report calling for tougher sanctions but we’re waiting to hear whether the Environment Minister will act on the recommendations. Can only be defined as ‘progress’ if she agrees to act.

General Licence restrictions – available to be used against landholdings where raptor crimes committed/suspected from 1st January 2014. So far, only two restrictions have been implemented and those only lasted for six days each before they were suspended as legal arguments continue. A slow start, and the legal challenges were to be expected, but can’t be defined as ‘progress’ unless the restrictions are fully implemented. There should also be a lot more of them.

Pesticide disposal scheme –  implemented this year and resulted in the removal of some illegally-held poisons. That is progress, although it is tinged with frustration that the game-shooting industry was given yet another chance to avoid justice as this scheme (the second of its kind) comes 14 years after the pesticides were originally banned. It’s also interesting to note in the RSPB’s report (page 18) that evidence suggests a number of individuals have retained their illegal stocks. This is supported by more poisoning incidents that have taken place this year, after the disposal scheme ended.

So some progress has been made (and almost entirely due to the efforts of Dr McLeod’s predecessor, Paul Wheelhouse) but it is glacially slow and, so far, has not stemmed the occurrence of illegal persecution, as the damning figures in this report show all too clearly. Much, much more can and needs to be done before we’ll be convinced that Dr McLeod is having any sort of impact. She has, though, announced that tenders have just been invited for a review of game licensing practices in other countries (to inform a possible decision of introducing licensing to game-shooting estates in Scotland), and that’s a good thing, but again, the research needs to be done and then a decision made, which probably won’t happen for a number of years if past performance is anything to go by. She’d find herself with a lot more support if she got on with announcing increased investigatory powers for the SSPCA – the public consultation closed 1 year and 3 months ago – and still we await her decision as the criminals continue their rampage. It’s not impressive at all.

And what of the response of the game-shooting industry itself? Some didn’t bother to publish a statement (Scottish Gamekeepers’ Association), which ironically tells us quite a lot, although they are quoted in an article by STV (see media coverage below) where they revert to type and simply deny the evidence and slag off the RSPB instead. And remember, the SGA is a fully-paid up member of the Partnership for Action Against Wildlife Crime (cough).

Scottish Land and Estates (SLE), another PAW partner, did manage to issue a statement, via their Scottish Moorland Group (see media coverage below). Again, it’s the usual lamentable denial, characterised beautifully by this statement from Director Tim (Kim) Baynes:

“Bird of prey deaths……have fallen dramatically over the last five years in particular“.

Er, here are some persecution figures that Kim might want to re-punch in to his calculator:

2012 – 18 confirmed deaths

2013 – 28 confirmed deaths

2014 – 37 confirmed deaths

There’s also this statement:

“Our condemnation of wildlife crime is unquivocal...” All very touching but how is that “condemnation” manifested in the real world? It’s been brought to our attention that the current head gamekeeper on a Scottish grouse shooting estate has a (spent) conviction for shooting dead a raptor when he worked on another Scottish grouse moor. How does a criminal with a conviction like that (spent or not) remain employed in the game-shooting industry, let alone get a senior position on another Scottish grouse moor? Was he one of the posse of moorland gamekeepers recently invited to Holyrood to mingle with, and be applauded by, a number of MSPs, as part of the Gift of Grouse propaganda campaign? Surely not…

Download the RSPB report here

Media coverage

RSPB press release here

Statement from Environment Minister Dr Aileen McLeod here

Scottish Moorland Group statement here

BBC news here

STV article here

BBC Radio Scotland (Newsdrive) interview with Ian Thomson, Head of Investigations RSPB Scotland here (starts at 21.50, available for 29 days)

Guardian article here (a mis-leading headline but nevertheless good to see coverage in this paper)

Peregrine shot dead at edge of grouse moor

A peregrine falcon has been found shot dead in County Durham.

It was discovered on the south east edge of Stang Forest on 23rd August 2015. A post mortem revealed it had been shot.

Stang Forest shot perg - Copy

It’s interesting to look at the land management around Stang Forest. Google maps shows it’s almost entirely surrounded by grouse moors. This shouldn’t come as a surprise to anybody, especially when we recently learned that peregrines are being wiped out on grouse moors across the UK (see here and here).

Durham Constabulary are appealing for information, four months later.

Article on Rare Bird Alert here

Stang Forest - Copy

Rare red-footed falcon shot dead – police appeal

A young male red-footed falcon, a rare visitor to the UK, has been found shot dead in Cambridgeshire.

The bird’s carcass was discovered near Whittlesey, Cambs, in September. A post mortem has confirmed shooting as the cause of death.

The RSPB is offering a £1,000 reward for information.

RSPB press release here

red-footed-falcon_shot Sept 2015

Licences to kill buzzards were unlawfully refused, says High Court

buzzard 3The High Court has this morning ruled that Natural England acted unlawfully when it refused to issue licences to kill buzzards.

In 2013, Natural England issued licences to Northumberland gamekeeper Ricky McMorn, allowing him the right to destroy buzzard eggs and nests ‘to protect’ his pheasant shoots.

Later the same year, McMorn applied for further licences, this time to shoot 16 buzzards and 3 sparrowhawks. Natural England refused his application.

In 2014, McMorn submitted more applications, wanting to shoot ten buzzards ‘to prevent serious damage’ to his pheasant poults. Natural England refused his application again.

McMorn, financially supported by the National Gamekeepers’ Organisation, brought a judicial review against Natural England and claimed NE had acted unfairly and inconsistently when considering his licence applications.

The High Court judge, Mr Justice Ouseley, has agreed with McMorn’s case. He held:

(1)   Natural England had unlawfully operated an undisclosed policy about how buzzard applications were to be treated. Natural England’s undisclosed policy had been to require more factors to be proved and proved by far higher quality evidence than for other species, to require individual birds to be identified as predators with proof that only those would be controlled, and to require any suggestions it made to be carried out punctiliously on pain of refusal;

(2)   Natural England unlawfully took into account public opinion by applying a different and more demanding approach to the grant of a licence to kill buzzards than other species because public opinion is in part hostile to the grant of such licences;

(3)   Natural England unlawfully applied published policy inconsistently as between buzzards and other species. The substantial reason for the difference in approach was some hostile public opinion;

(4)   Natural England’s decision was unreasonable because it operated the derogation under the Birds Directive so as to render it excessively difficult to obtain a licence;

(5)   Natural England acted unfairly in failing to raise with the claimant its own technical assessor’s suggestion of a live capture licence instead of a licence to kill.

The full decision can be read here: Judicial review buzzard licence verdict Nov 2015

So what does this all mean? For sure, this ruling will encourage more gamekeepers to submit more applications to kill buzzards ‘to protect’ their pheasants. It doesn’t mean that all licence applications will be successful, as each case will still have to be assessed on its individual circumstances and all tests will still have to be met (e.g. has the gamekeeper done everything else in his/her power to solve the perceived problem?). Nevertheless, Natural England will no doubt be wary of appearing ‘unreasonable’ when assessing future applications. This is where things will get really interesting because there is still no scientific evidence to demonstrate that buzzards have a significant impact on pheasants. Indeed, even the game-shooting industry’s own science has shown the impact to be virtually negligible, with an average of only 1-2% of pheasant poults taken by birds of prey. There are also numerous alternative measures for reducing alleged predation that should be tried and tested before the ‘kill’ option is chosen, including diversionary feeding.

If, however, buzzard-killing licences are issued, this will pave the way for what is effectively a criminal’s charter. The game-keeping industry is rife with criminals who are not averse to breaking the law; we see it time and time again, particularly in relation to the illegal killing of raptors. Let’s say a gamekeeper successfully applies for a licence to shoot ten buzzards. What’s to stop him from shooting 50? Who will know whether he’s shot his permitted ten, or whether he’s shot 50? Who is going to supervise his buzzard-killing activities to ensure that he sticks to his allotted number? Nobody! If a member of the public sees him shooting a buzzard (a highly unlikely scenario anyway but let’s just go with it for now), and reports him to the police, the gamekeeper will simply wave his buzzard-killing licence at the investigating police officer and say, “Look Guv, I’m allowed to kill ten and this is only the third one I’ve shot this year”. The police officer will have no option but to withdraw and let him get on with killing as many buzzards as he likes because it’ll be virtually impossible to prove that the gamekeeper has acted illegally, unless of course the keeper is stupid enough to leave the shot buzzards lying around as evidence, but even then it’ll be impossible to show that that individual gamekeeper had shot all the dead birds – he’ll simply claim someone else did it and dumped them on his ground.

IMG_5013 (2) - CopyAs absurd as it is, the bottom line is that DEFRA (and thus Natural England, acting on DEFRA’s behalf), permits gamekeepers (even those with criminal convictions) to apply for licences to kill protected native species like the buzzard, to allow the wholesale slaughter of millions of non-native gamebirds like pheasants, just for fun. There’s something fundamentally askew with that logic, even if you’re a die-hard supporter of game-bird shooting. A recent analysis of the GWCT’s National Gamebag Census revealed that by 2011, approx 42 million pheasants and almost 9 million red-legged partridges were released annually into the British countryside, for ‘sport’ shooting. The impact on biodiversity of releasing 50 million non-native gamebirds hasn’t been formally assessed. The game-shooting industry should accept that if they’re releasing birds in such magnitude, they should expect losses. How many are killed on the roads? An educated guess would suggest it’s a far higher number than the known 1-2% lost to raptors. If the game-shooting industry can’t operate without accepting such losses (as they claim they can’t), then it’s pretty clear evidence that this industry is unsustainable and as such, has no future.

The National Gamekeepers’ Organisation response to today’s ruling can be read here

We’ll update this blog later today as more responses are published.

Photographs copyright RPS

UPDATE: 15th November 2015: There’s a fascinating blog on the legal issues of this case, written by a legal academic at a London barristers’ chambers – see here.

UPDATE: 19th November 2015: A response to the judgement from the Northern England Raptor Forum – see here.

Previous blogs on this issue:

12 Nov 2015: https://raptorpersecutionscotland.wordpress.com/2015/11/12/licences-to-kill-buzzards-judicial-review-decision-expected-tomorrow/

12 June 2015: https://raptorpersecutionscotland.wordpress.com/2015/06/12/judicial-review-underway-for-gamekeeper-who-wants-to-kill-buzzards/

25 Nov 2014: https://raptorpersecutionscotland.wordpress.com/2014/11/25/buzzard-licence-applicant-gets-high-court-approval-for-judicial-review/

1 Oct 2013: https://raptorpersecutionscotland.wordpress.com/2013/10/01/why-we-dont-trust-the-national-gamekeepers-organisation/ 

26 Sept 2013: https://raptorpersecutionscotland.wordpress.com/2013/09/26/buzzard-licence-applicant-tries-for-four-more-licences/

13 Aug 2013: https://raptorpersecutionscotland.wordpress.com/2013/08/13/natural-england-claims-release-of-buzzard-licence-info-not-in-public-interest/

20 June 2013: https://raptorpersecutionscotland.wordpress.com/2013/06/20/hand-in-of-buzzard-petition-today-at-holyrood/ 

5 June 2013: https://raptorpersecutionscotland.wordpress.com/2014/06/05/natural-england-says-no-to-buzzard-killing-licence/

5 June 2013: https://raptorpersecutionscotland.wordpress.com/2013/06/05/surely-the-buzzard-licence-applicant-doesnt-have-prior-convictions-for-poison-offences/

3 June 2013: https://raptorpersecutionscotland.wordpress.com/2013/06/03/buzzard-licensing-turning-up-the-heat/

30 May 2013: https://raptorpersecutionscotland.wordpress.com/2013/05/30/two-important-questions-to-ask-about-the-buzzard-licence-applicant/

25 May 2013: https://raptorpersecutionscotland.wordpress.com/2013/05/25/new-petition-snh-do-not-licence-buzzard-culling-in-scotland/

23 May 2013: https://raptorpersecutionscotland.wordpress.com/2013/05/23/natural-england-issues-licence-to-destroy-buzzard-eggs-nests-to-protect-pheasants/

10 Jan 2013: https://raptorpersecutionscotland.wordpress.com/2013/01/10/the-buzzard-blame-game/

13 June 2012: https://raptorpersecutionscotland.wordpress.com/2012/06/13/buzzardgate-aftermath/

30 May 2012: https://raptorpersecutionscotland.wordpress.com/2012/05/30/defra-backs-down-on-buzzard-management-trial/

24 May 2012: https://raptorpersecutionscotland.wordpress.com/2012/05/24/defra-responds-to-public-outcry-over-buzzard-management-trial/

23 May 2012: https://raptorpersecutionscotland.wordpress.com/2012/05/23/rspb-response-to-defras-proposed-illegal-buzzard-trial/

21 May 2012: https://raptorpersecutionscotland.wordpress.com/2012/05/21/buzzard-management-trial-gets-govt-approval-and-375k-funding/

Licences to kill buzzards: judicial review decision expected tomorrow

The long-running legal battle about Natural England’s refusal to issue a gamekeeper with licences to kill buzzards and sparrowhawks to ‘protect’ his pheasants is due to reach a climax tomorrow.

Northumberland gamekeeper, Ricky McMorn, backed by financial support from the National Gamekeepers’ Organisation, brought a judicial review to challenge Natural England’s decision. The judicial review took place in the High Court (London) over three days in June 2015 and the decision was deferred. We understand the decision is due to be announced tomorrow.

A quick re-cap:

In 2013, Natural England secretly provided Mr McMorn with a licence to destroy buzzard eggs and nests in order ‘to protect a pheasant shoot’ in Northumberland.

Later in 2013, McMorn submitted four more licence applications to Natural England, this time to shoot 16 buzzards and 3 sparrowhawks. Natural England rejected the application.

In 2014, McMorn submitted another licence application, this time to shoot ten buzzards “to prevent serious damage” to pheasant poults. Natural England rejected the application.

We’ve blogged extensively about this issue (see here for a summary).

It’s worth noting that the judicial review concerns whether Natural England acted fairly when rejecting McMorn’s licence applications. McMorn has argued that Natural England has unlawfully acted inconsistently in the way it has dealt with the licensing of buzzards as compared with other species of bird and that Natural England has been unlawfully influenced by public opinion. He has also argued that it was unreasonable for Natural England Directors repeatedly to reverse the recommendations of Natural England’s specialist scientific advisers that a licence should be granted.

The review is NOT about whether DEFRA/Natural England should entertain a licence application from a gamekeeper with a previous conviction for possession of banned poisons (apparently that’s not a problem, according to DEFRA/Natural England), nor whether the National Gamekeepers’ Organisation should expel a member with a conviction for possession of a banned poison (apparently not, according to the NGO), and nor whether there’s any scientific evidence to demonstrate that buzzards (and sparrowhawks) have a substantially detrimental effect on game bird shoots (there isn’t any evidence).

Tomorrow’s long-awaited decision will no doubt be interesting, whichever way it goes.

Peregrine found shot dead in Halifax, West Yorkshire

A peregrine has been found shot dead in Halifax, West Yorkshire. It’s body was discovered by a maintenance worker at the foot of a 200 ft chimney at a disused carpet mill.

It’s not known if the bird was shot at the mill or whether it had been shot elsewhere and finally succumbed to its injuries at the mill.

Details from the bird’s BTO leg ring identified it as a bird that had fledged from a church steeple in Devon (St Michael’s Peregrine Project, Exeter).

Article in Exeter Express & Echo here

Recently published preliminary results from the 2014 National Peregrine Survey indicate that illegal persecution of peregrines on upland grouse moors is so high it is affecting this species’ national distribution (see here).

Peregrine photo by Martin Eager