Tag: trap

Bleasdale Estate gamekeeper denies killing two peregrines in Bowland

A 34-year old gamekeeper, James Hartley, appeared at Preston Magistrates Court today to face a series of charges relating to the alleged killing of two peregrines on the Bleasdale Estate, Bowland, in April 2016.

The charges read out in court were as follows:

  1. Killing a Schedule 1 wild bird. On 13 April 2016 at Bleasdale in the county of Lancashire, intentionally killed a wild bird included in Schedule 1 to the Wildlife & Countryside Act 1981, namely a peregrine falcon, contrary to sections 1(1)(a), 1(4) and 21(1) of the Wildlife & Countryside Act 1981.
  2. Disturb the nesting site of a Schedule 1 wild bird. On 13 April 2016 at Bleasdale in the county of Lancashire, intentionally or recklessly disturbed a wild bird included in Schedule 1 to the Wildlife & Countryside Act 1981, namely a peregrine falcon, while it was in, on or near a nest containing eggs or young, contrary to sections 1(5)(a) and 21(1) of the Wildlife & Countryside Act 1981.
  3. Killing a Schedule 1 wild bird. On 13 April 2016 at Bleasdale in the county of Lancashire, intentionally killed a wild bird included in Schedule 1 to the Wildlife & Countryside Act 1981, namely a peregrine falcon, contrary to sections 1(1)(a), 1(4) and 21(1) of the Wildlife & Countryside Act 1981.
  4. Set trap / gin / snare etc to cause injury to wild bird. On 13 April 2016 at Bleasdale in the county of Lancashire, set in position a trap which was of such a nature and so placed as to be calculated to cause bodily injury to any wild bird coming in to contact with it, contrary to sections 5(1)(a) and 21(1) of the Wildlife & Countryside Act.
  5. Take a Schedule 1 wild bird. On 13 April 2016 at Bleasdale in the county of Lancashire, intentionally took a wild bird included in Schedule 1 to the Wildlife & Countryside Act 1981, namely a peregrine falcon, contrary to sections 1(1)(a), 1(4) and 21(1) of the Wildlife & Countryside Act 1981.
  6. Possess live / dead Schedule 1 wild bird or its parts. On 13 April 2016 at Bleasdale in the county of Lancashire, had in your possession or control a dead wild bird included in Schedule 1 to the Wildlife & Countryside Act 1981, namely a peregrine falcon, contrary to sections 1(2)(a), 1(4) and 21(1) of the Wildlife & Countryside Act.
  7. Possess an article capable of being used to commit a summary offence under section 1 to 13 or 15-17. On 13 April 2016 at Bleasdale in the county of Lancashire, for the purpose of committing an offence, namely killing a Schedule 1 wild bird, namely a peregrine falcon, under section 1(1)(a), 1(4) and 21(1) of the Wildlife & Countryside Act 1981, had in your possession a firearm which was capable of being used for committing the offence, contrary to section 18(2) of the Wildlife & Countryside Act 1981.
  8. Possess an article capable of being used to commit a summary offence under section 1 to 13 or 15-17. On 12 April 2016 and 27 April 2016 at Bleasdale in the county of Lancashire, for the purpose of committing an offence, namely killing a Schedule 1 wild bird, namely a peregrine falcon, under section 1(1)(a), 1(4) and 21(1) of the Wildlife & Countryside Act 1981, had in your possession hammer, trap and knife which were capable of being used for committing the offence, contrary to section 18(2) of the Wildlife & Countryside Act 1981.
  9. Cause unnecessary suffering to a protected animal – Animal Welfare Act 2006. On 12 April 2016 and 15 April 2016 at Bleasdale in the county of Lancashire, caused unnecessary suffering to a protected animal, namely a peregrine falcon, by an act, namely trapping and leaving for a number of hours, and you knew or ought reasonably to have known that the act would have that effect or be likely to do so.

Mr Hartley denied all charges.

The following commentary has been compiled from notes we took during the hearing:

The lawyer from the Crown Prosecution Service then summarised the prosecution case. She said the Crown’s case is that the defendant is responsible for the destruction of two birds at their nest site. She said the matter came to light when the RSPB sited a camera within the boundary of Bleasdale Estate to monitor nesting peregrines. The Crown alleges that camera footage captures an individual in a camouflage suit attending the nest site. The individual remained there for a number of minutes setting what is believed to be a trap. The female peregrine is seen to leave the nest and four shotgun discharges are heard and the female does not return. The male peregrine remained at the site all day, believed to be trapped in the device set earlier. Later in the evening a person is seen to attend the nest site and remove something.

She went on to explain that the defendant is the gamekeeper for this particular ‘beat’ on the Bleasdale Estate and during a police search of his property a bag was seized containing a number of tools. A forensic analysis showed that a wooden-handled hammer and an orange-handled knife both contained peregrine DNA. The defendant gave a ‘no comment’ interview.

The defence lawyer, Tim Ryan, told the court that his client did not carry out the offences and is not the person shown in the video footage. He said part of his defence case would be to question the admissibility of video evidence under section 78 of the Police & Criminal Evidence Act.

The next hearing will take place on 11 January 2018 which is expected to deal with legal arguments about the admissibility of video evidence. Depending on the outcome of that hearing, a preliminary trial date was set to begin on 12 February 2018 and is expected to last for five days.

PLEASE NOTE: Comments are welcome but contributors are reminded that the offences are only alleged at this stage and it is up to the court to determine innocence or guilt. Please consider your words carefully as libellous commentary could interfere with the progression of this case! Thanks.

UPDATE 10 January 2018: Case against Bleasdale Estate gamekeeper James Hartley: part 2 (here)

More on the mystery gamekeeper with the General Licence restriction

Further to this morning’s blog about the mystery gamekeeper from north east Scotland who was filmed allegedly setting an illegal trap near a goshawk nest and who has subsequently been slapped with a General Licence restriction order by SNH, but whose name and employment details have been withheld.

Who could he possibly be and where, exactly, did this take place? There are some clues….

Have another look again at the short video clip of this gamekeeper in action, released by RSPB Scotland:

The video is date stamped: 21 March 2014.

Now have a look at RSPB Scotland’s 2014 persecution report, and note the confirmed incident of raptor persecution recorded in March 2014 relating to the setting of spring traps (with pigeon bait) on a plucking post close to a goshawk nest:

The location is given as ‘nr Tarland, Aberdeenshire’.

Where’s Tarland? Here it is, just to the east of the Cairngorms National Park boundary:

If we accept that the gamekeeper caught on video was allegedly trying to target a goshawk with an illegal trap, the motive for doing so would most likely be to protect game birds from predation. This is illegal, of course – goshawks have been legally protected since 1954, but as we know only too well, this doesn’t stop some gamekeepers from trying to kill them.

So we thought we’d look at how many game shooting estates are located ‘nr Tarland’. It’s a pretty vague location but consulting Andy Wightman’s brilliant Who Owns Scotland website, it turns out there are three big game-shooting estates in the area that could, reasonably, be defined as being ‘nr Tarland’: the MacRobert Trust Estate, the Tillypronie, Deskrie and Towie Estate, and the Dinnet Estate. There is also an area of ‘dead ground’ whose ownership is not included on Andy’s website, although we do know that GWCT’s new demonstration farm, Auchnerran, sits in this ‘dead ground’.

This map is useful, but it doesn’t really help draw many conclusions. What we can say is that all three estate owners would be both horrified, and embarrassingly compromised, if it turns out that this gamekeeper was employed by, or associated with, any of the estates.

The MacRobert Trust Estate is, as the name suggests, administered by a well-respected charity and the estate website suggests ‘an exemplary approach to estate management‘. There is a pheasant shoot here, which was advertised as a three-year ‘prestigious sporting lease’ in 2010.

The Tillypronie Estate was owned, at the time of the video recording, by Philip Astor. The estate, described as ‘One of Scotland’s most famous sporting estates’, went on the market last year valued at a cool £10.5 million and is now believed to have been sold to a ‘mystery buyer’. Gosh, there’s a lot of mystery in this part of the world, isn’t there? There is pheasant and grouse shooting here. Phil is a Vice Chairman of the GWCT.

The Dinnet Estate has long been owned by the Humphrey family and there is a designated National Nature Reserve on the estate, managed by SNH. A Dinnet Estate gamekeeper was convicted in 2006 of trespassing on a neighbouring estate with a firearm back in 2002 but that was a long time ago. A Dinnet Estate grouse moor was mentioned on this blog last month as being a potential location of satellite-tagged hen harrier Calluna’s last tag transmission but there’s been no further news on that. Dinnet Estate is a direct neighbour of the GWCT’s demonstration farm, Auchnerran, and the Dinnet Estate grouse moor is summer-grazed by some of GWCT’s sheep.

Given the GWCT’s indirect links and direct interests in the area ‘nr Tarland’, they must be concerned about the General Licence restriction being applied to a local, unnamed gamekeeper. If we ran an upland farm in the area, and were setting out to demonstrate good conservation benefits for both agriculture and wildlife, we too would be concerned. What if we employed him without knowing any of his history?

Shall we ask the GWCT for a comment? Perhaps, given their local contacts, they know something we don’t? Emails to: info@gwct.org.uk

May be all will become clear when we submit an FoI to SNH asking for further details about this particular General Licence restriction, although we’re not holding our breath!

Another avenue for information-seeking might be Police Scotland. We know from the RSPB’s press release that the police were investigating this alleged crime, so presumably the police know the name of the gamekeeper and where, exactly, this allegedly illegal trap had been filmed. Given that the case is now time-barred, meaning that the Crown Office couldn’t prosecute even if they wanted to (highly doubtful), there is no reason why Police Scotland can’t release relevant details as there’s no chance of it interfering with a live case. Let’s ask them. Emails to National Wildlife Crime Coordinator for Police Scotland, Andy Mavin: andrew.mavin@scotland.pnn.police.uk

SNH imposes General Licence restriction on ‘mystery’ gamekeeper

So, SNH has today announced it has imposed two General Licence restriction orders, based on evidence provided by Police Scotland of alleged raptor persecution crimes.

We know that one of those restriction orders has been placed on Edradynate Estate, Perthshire, because SNH has been quite upfront about it and has named the estate (see here).

But what about the other General Licence restriction? Well, according to the SNH press release, this has been imposed on “an individual” rather than on an estate.

This in itself is interesting. We know from the SNH framework for imposing these restrictions that this action can be taken against an individual, as well as on certain areas of land, but the framework document suggests that imposing it on land would be preferable to imposing it on an individual:

“While the wording provides for the exclusion of individuals, it is the intention that where SNH has robust evidence that wild birds have been killed or taken or where there is intention to do so other than in accordance with a licence, SNH will exclude the area of land on which such evidence is found from General Licences 1, 2 and/or 3“.

Hmm. So who is this individual and why did SNH impose the restriction on him/her, rather than on an estate?

The SNH press release points the reader to the SNH webpage on General Licences for “full licence restriction details“. However, when you look at the SNH webpage, all you find is this:

Is SNH having a laugh? The “full licence restriction details” of this particular GL restriction order amounts to one sentence:

“In addition [to the restriction imposed on Edradynate Estate] SNH has imposed a restriction prohibiting the use of General Licences by an individual for 3 years from 15th September 2017“.

That’s it? No name? No information on the area, let alone the name of the land where the evidence of raptor persecution took place? Not even the region?

What’s with the secrecy? Who is SNH shielding, and why?

This could be absolutely anyone! Is it Nicola Sturgeon? Is it Alex Salmond? Is it JK Rowling? Highly unlikely, it has to be said, but you get the point we’re trying to make.

And what happened to the transparency that was promised when former Environment Minister Paul Wheelhouse first announced this new measure to tackle ongoing raptor persecution? He said he expected details of General Licence restrictions to be published on the SNH website to act as “a reputational driver“. That’s not going to happen if SNH withholds the details, is it?

This is a very dangerous precedent to set. SNH has previously withheld details of estates that were being considered for a GL restriction but in that case, the justificiation for being all secret squirrel was reasonable: the GL restrictions hadn’t yet been imposed, but rather the estates had been notified of an intent to impose, and SNH argued that the estates needed time to respond/appeal (see here). That was fair enough.

But in this case, SNH has already imposed the GL restriction, and we’re struggling to understand the justification SNH might have for keeping the details secret.

What is it with statutory agencies and their reluctance to release information that’s clearly in the public interest?

We’ll be submitting an FoI to SNH to ask for further details, and, based on the response, we’ll consider appealing the decision to the Scottish information Commissioner.

In the meantime, have a look at today’s press statement from RSPB Scotland about these latest GL restrictions. This gives us more of a clue about the recipient of the restriction order. The statement includes the following quote from Head of Investigations, Ian Thomson:

“The other restriction was imposed after RSPB investigations staff passed video footage to police of a gamekeeper allegedly setting illegal traps, baited with a dead woodpigeon, very close to a goshawk nest in NE Scotland.”

Ok, now we’re getting somewhere. The recipient of the GL restriction is a gamekeeper, working in NE Scotland, who was filmed allegedly setting illegal traps close to a goshawk nest. And the RSPB has even provided a video clip of the alleged offence, with the individual’s face pixellated (presumably done on legal advice).

Well, quelle surprise! Another gamekeeper trying, allegedly, to persecute a goshawk in north east Scotland. This is becoming quite a habit in this part of the country. First we had gamekeeper George Mutch, caught on video trapping and battering to death a goshawk on the Kildrummy Estate in 2012, crimes for which he went to prison (see here), then we had a gang of masked armed men caught on video shooting at a goshawk nest on Forestry Commission land at Glen Nochty in 2014 (see here), and now this latest case.

But who is this latest gamekeeper and on whose land was he working when he allegedly set this trap?

More on this in the next blog…..

UPDATES:

More on the mystery gamekeeper with the general licence restriction (here).

Raptor shot in North York Moors National Park

North Yorkshire Police have tweeted about the shooting of a raptor two days ago in the North York Moors National Park:

At the moment there is no further information about the circumstances of this reported incident, the species, the extent of its injuries, and whether it’s alive or dead.

Hopefully the police will issue a detailed appeal for information.

[UPDATE 18.20hrs: Further tweets from the police – the shooting was witnessed by a walker, the bird was thought to be a marsh harrier or a buzzard, the body was not found].

The North York Moors National Park is a well known raptor persecution hotspot, which is no surprise given the extent of driven grouse moors within the Park’s boundary. Earlier this year a buzzard was found in the Park with shotgun injuries (here) and last year another buzzard was found in the Park with horrific injuries caused from being shot and caught in a leg trap (see here).

Raptor persecution highlighted as key concern in Yorkshire Dales National Park

Earlier this year the Yorkshire Dales National Park Authority opened a public consultation to inform its next five-year Management Plan (2018-2023).

Residents and visitors were invited to submit comments on three open-ended questions:

  1. What do you love about the National Park?
  2. How do you think the National Park can be improved?
  3. What do you think are the three most important issues for the National Park Management Plan to tackle over the next five years?

Yesterday, the initial consultation results were published. Download the report:

 YDNPA_ManagementPlan_Report-of-consultation-8Sep2017

Grouse moor in Yorkshire Dales National Park (photo by Ruth Tingay)

As you’d expect, a variety of concerns were raised relating to access, public transport, planning, farming, affordable housing and community services/sustainability. Two other concerns featured high on the agenda of residents and visitors alike – illegal raptor persecution and land management (with a particular focus on grouse moor management).

It’s no surprise. North Yorkshire (which includes the raptor persecution hotspots of the Yorkshire Dales National Park & the neighbouring Nidderdale Area of Outstanding Natural Beauty) is consistently rated as one of the worst counties in the UK for reported raptor persecution crimes (e.g. see here).

Separate to this consultation, we were recently provided with an interesting bit of news from a local resident. Following the 2016 case of the Mossdale pole traps, where a gamekeeper employed on the Mossdale Estate in the National Park was filmed by the RSPB setting three illegal pole traps on a grouse moor (here) and who was erroneously let off with a police caution (here), the Yorkshire Dales National Park Authority apparently received around 2,000 emails of complaint/concern. Not only that, but many local traders also contacted the Park Authority to express their concern about how the Park’s persistent reputation for illegal raptor persecution may damage their businesses.

It’s clear that people have had enough and are looking to the Park Authority to lead on this issue.

Is the Yorkshire Dales National Park Authority up for the challenge? Well, we’ll see. The results of the public consultation will be used by the Park’s Management Plan Steering Committee to draft specific objectives for the new Management Plan, which should be published early next year.

Satellite-tagged hen harrier disappears on grouse moor in Cairngorms National Park

Well that didn’t take long, did it? Just a few weeks after fledging, one of the 2017 cohort of satellite-tagged hen harriers has already ‘disappeared’, with its final signal emitted from a grouse moor on the 12th August, the opening day of the grouse-shooting season.

Hen harrier ‘Calluna‘ (photo RSPB Scotland)

RSPB Scotland press release:

SATELLITE-TAGGED HEN HARRIER DISAPPEARS ON DEESIDE GROUSE MOOR

RSPB Scotland has issued an appeal for information after a young hen harrier, fitted with a satellite tag as part of the charity’s EU-funded Hen Harrier LIFE project, disappeared on an Aberdeenshire grouse moor.

‘Calluna‘, a female harrier, was tagged this summer at a nest on the National Trust for Scotland’s Mar Lodge estate, near Braemar. Her transmitter’s data was being monitored by RSPB Scotland and showed that the bird fledged from the nest in July. She left the area in early August, with the data showing her gradually heading east over the Deeside moors. However, while the tag data showed it to be working perfectly, transmissions abruptly ended on 12th August, with no further data transmitted. Calluna’s last recorded position was on a grouse moor a few miles north of Ballater, in the Cairngorms National Park.

Hen harriers are one of the UK’s rarest raptors and the 2016 national survey results released earlier this year showed that even in Scotland, the species’ stronghold, these birds are struggling. The number of breeding pairs in Scotland now stands at 460, a fall of 27 per cent since 2004, with illegal killing in areas managed for driven grouse shooting identified as one of the main drivers of this decline.

David Frew, Operations Manager for the National Trust for Scotland at Mar Lodge Estate, said: “It is deeply saddening to learn that Calluna appears to have been lost, so soon after fledging from Mar Lodge Estate. Hen harriers were persecuted on Deeside for a great many years, and we had hoped that the first successful breeding attempt on Mar Lodge Estate in 2016 would signal the start of a recovery for these magnificent birds in the area.

Only one month after fledging, and having travelled only a relatively short distance, it appears that we will no longer be able to follow the progress of our 2017 chick. We hope however that the data her tag has provided will help to inform a wider understanding of the lives and threats faced by hen harriers.”

Ian Thomson, Head of Investigations at RSPB Scotland said: “This bird joins the lengthening list of satellite-tagged birds of prey that have disappeared, in highly suspicious circumstances, almost exclusively in areas in areas intensively managed for grouse shooting. We are pleased that the Cabinet Secretary for the Environment has commissioned an independent group to look at how grouse moors can be managed sustainably and within the law. We look forward to a further announcement shortly on the membership of this group, and we are committed to assist the work of this enquiry in any way that we can.

The LIFE project team has fitted a significant number of tags to young hen harriers this year, with the very welcome help from landowners, including the National Trust for Scotland, who value these magnificent birds breeding on their property. The transmitters used in this project are incredibly reliable and the sudden halt in data being received from it, with no hint of a malfunction, is very concerning. We ask that if anyone has any information about the disappearance of this bird we urge them to contact Police Scotland as quickly as possible”.

ENDS

Here’s a map we’ve created showing the location of the National Trust for Scotland’s Mar Lodge Estate in the Cairngorms National Park, where Calluna hatched, and the town of Ballater, close to where she disappeared.

The RSPB Scotland press release doesn’t name the estate from where Calluna’s last position was recorded, it just says it was “on a grouse moor a few miles north of Ballater, in the Cairngorms National Park“.

Hmm, let’s have a closer look at that. Here’s a map showing the grouse moor area a few miles north of Ballater. According to estate boundary details that we sourced from Andy Wightman’s Who Owns Scotland website, Calluna’s last position could have been recorded on either an Invercauld Estate grouse moor or a Dinnet Estate grouse moor.

If you’re thinking that this part of the Cairngorms National Park looks familiar, you’d be right, we’ve blogged about it a few times before. There was the discovery of an illegally shot peregrine at the Pass of Ballater in 2011, the reported coordinated hunt and subsequent shooting of an adult hen harrier at Glen Gairn on the border of Invercauld and Dinnet Estates in 2013, and then there were the illegally-set traps that were found nr Geallaig Hill on Invercauld Estate in 2016. This area of Royal Deeside is quite the little raptor persecution hotspot, isn’t it?

The evidence just keeps mounting. Is anyone still wondering why the game-shooting industry is so keen to try and discredit the use of satellite tags on raptors?

We wonder what explanations, to avoid the bleedin’ obvious, they’ll come up with this time? Perhaps they’ll suggest Calluna was sucked in to a vortex created by Hurricane Harvey? Or maybe they’ll say she was hit by a North Korean test missile? They might tell us that Vladimir Putin must have hacked the satellite signals? All just as plausible as the usual tosh they trot out, such as how a fieldworker eating a sandwich at a tagging session causes eagles to die (here), or how non-existent wind farms are responsible for the disappearance of eight sat-tagged golden eagles (here), or how ‘activists’ have been killing sat-tagged raptors as part of a smear campaign against the grouse-shooting industry (here), or how a faulty saltwater switch on tags attached to Olive Ridley turtles on the Indian subcontinent means that all satellite tags are unreliable (here).

We’ll be updating this page throughout the day if and when statements are made by the following:

Response of Environment Secretary Roseanna Cunningham –

Response of Alexander Burnett MSP (Conservative, Aberdeen West) –

Response of Cairngorms National Park Authority – Grant Moir, Chief Exec of CNPA said: “A hen harrier has once again disappeared in the Cairngorms National Park, with a satellite tracker ceasing to transmit. The Park Authority is determined to stop these recurring disappearances. Earlier this week the CNPA met with Police Scotland to discuss how increased use of special constables can help to tackle wildlife crime in the Cairngorms National Park. We also continue to work on other solutions to these issues. The CNPA look forward to the establishment by Scottish Government of the independently-led group to look at the environmental impact of grouse moor management and will feed in to that review“.

Response of Scottish Land & Estates – David Johnstone, chairman of Scottish Land and Estates, said: “Estates in the area have welcomed a number of hen harriers to the area during August and only today one moor reported three harriers. Local land managers reject the inference that the loss of signal from this tag is connected to grouse moor management and are now offering every assistance in searching the area where the last transmission was recorded. They are dismayed that they were not informed earlier that the tag had stopped transmitting nearly three weeks ago, as this would have assisted the search“.

Response of Scottish Wildlife Trust – Susan Davies, director of conservation at the Scottish Wildlife Trust (SWT) said: “It’s extremely disappointing to learn that yet another hen harrier has disappeared over a grouse moor. The most recent surveys show that hen harrier numbers are declining in most parts of Scotland and that illegal persecution is a factor in this decline. Anyone who has information on this bird’s disappearance should contact Police Scotland immediately. 

The Trust has repeatedly called on the Scottish Government to be tougher on wildlife crime and introduce a system of licensing for grouse moor management to encourage sustainable practices. We welcome the recent announcement that a working group will be formed to look at the environmental impact of grouse moors and options for better regulation, and we stand ready to assist this group in any way possible“.

Response of Scottish Gamekeepers’ Association – A spokesman for The Scottish Gamekeepers Association said: “The SGA would urge anyone who saw the bird or knows anything about it to contact Police Scotland. This is the first we have heard of this. Obviously any news like this is very disappointing. The SGA condemns raptor persecution and if any of our members are convicted of a wildlife crime they are removed from our organisation. We have learned from those monitoring tags that birds can move some distance away from where they were last recorded so it is important that, if people know anything, they alert the Police immediately.”

Response of Scottish Moorland Group –

Response of Grampian Moorland Group –

Response of GWCT – Nothing, nada, zilch. But on Twitter they announced the availability of the new GWCT Xmas Cards. That’s nice.

Response of BASC –

Response of Countryside Alliance –

Response of Scottish Association for Country Sports – (from The Times) – Julia Stoddart, head of policy for the SACS, lamented the practice of killing hen harriers to protect grouse. “However, we would remind the RSPB that tag technology can fail for a number of reasons, and that raptors are susceptible to natural causes of death as well as to illegal persecution“, she said.

Other media coverage:

BBC news here

Scotsman here

Press & Journal here

UPDATE 2 September 2017: On cue, Scottish landowners’ rep throws false allegations at RSPB (see here).

UPDATE 4 September 2017: Political silence in response to missing hen harrier Calluna (see here).

UPDATE 5 September 2017: Scottish Land & Estates and their indefensible distortion of the truth (see here).

More illegal raptor persecution hotspots revealed in new map

Ian Thomson, Head of RSPB Investigations Scotland has written an interesting blog examining the ‘disappearance’ and/or illegal killing of satellite tagged red kites and hen harriers – see here.

It’s well worth a read. And take a close look at this map, illustrating the locations of suspicious disappearances as well as where the corpses have been found:

Here’s a direct quote from Ian:

‘It is clear from this map that, like golden eagles, the distribution of illegally killed or suspiciously disappeared satellite-tagged red kites and hen harriers is far from random, and shows clear clusters in some upland areas. As with the “hotspots” for eagles, these clusters are almost entirely coincident with land dominated by driven grouse shooting management, again including areas like the northern Monadhliaths and the Angus Glens. But, harriers and kites have clearly being targeted in other regions – notably, but not exclusively, upper Strathspey, Strathnairn and the Lowther Hills of S Lanarkshire‘.

Following the recent news that the RSPB, in partnership with LUSH, has satellite-tagged a record number of hen harriers this year, we can expect many more dots to appear on this map, most of them will be added before Xmas.

We’ll be undertaking some finer analyses of this map, probably next week, and we’ll be asking blog readers to get involved. More on that soon.

There’s one other point in Ian’s blog that is worth highlighting here, in response to the unsubstantiated yet repeated claims by some that raptors do better on driven grouse moors than they do on RSPB reserves:

‘More pairs of hen harriers bred successfully on one RSPB reserve on Islay in 2017, than on the grouse moors of Aberdeenshire, Kincardineshire, Angus and the Scottish Borders put together. In fact, RSPB nature reserves hold 10% of Scotland’s breeding population of hen harriers, with 46 pairs in 2016‘.

How many hen harriers do you think bred successfully on Scottish grouse moors in 2016 (where driven shooting took place – not on moors which are currently not being shot)?

Photo of hen harrier Annie, who was found shot on a grouse moor in South Lanarkshire in 2015. (Image: RSPB Scotland).

There’s nothing ‘draconian’ about licensing game shooting estates

There were a couple of articles published in the Scottish Mail on Sunday yesterday about the possibility (probability) of the introduction of game shoot licensing in Scotland.

The first article didn’t bring anything new to the story; it was just a re-hashed version of who’s said what since Cabinet Secretary Roseanna Cunningham announced a package of new measures to address the on-going problem of raptor persecution and unsustainable grouse moor management. Lord David Johnstone of Scottish Land & Estates talked about maintaining the status quo (i.e. no licensing scheme required), James Reynolds of RSPB Scotland talked about the necessity of introducing a licensing scheme because self-regulation by the grouse-shooting industry has failed, and an unnamed spokesman from the Scottish Gamekeepers’ Association talked about how licensing could have serious consequences for gamekeepers and their families. The two journalists who wrote the article described the Government’s proposed review as ‘the latest blow to landowners following draconian land reforms and the abolition of tax breaks’.

What ‘draconian land reforms’ are those, then? And why should multi-millionaire landowners, whose grouse moors are already subsidised by the public purse, be entitled to tax breaks?

Here’s a copy of the article, and for those who struggle to read it, here’s a PDF version so you can zoom in and increase the font size: MailonSunday1_July162017

The second article was a commentary column written by Carrieanne Conaghan, a gamekeeper’s wife who coordinates the ‘Speyside Moorland Group’ – one of several regional moorland groups closely affiliated with the Gift of Grouse propaganda campaign.

The headline begins: ‘As Draconian new land laws loom…’ These words probably weren’t Carrieanne’s but nevertheless, it’s clear from her commentary that estate licensing isn’t welcomed by gamekeepers because, she says, “For the vast majority of estates who have done nothing wrong and are resolute in their fight against wildlife crime, they would be penalised by strict new controls“.

Unfortunately she doesn’t explain why or how she things law-abiding estates would be “penalised by strict new controls“. The fact of the matter is, they wouldn’t be penalised at all, as the penalities would only be felt by those who continue to illegally kill protected raptors. And quite rightly so. Law-abiding gamekeepers, and their employers, have absolutely nothing to fear from the introduction of a licensing scheme, and you’d think they’d be welcoming it with open arms because if anything, it’ll protect them from being lumped in with the criminals.

Here’s the article and here it is as a PDF: MailOnSunday2_July162017

Carrieanne also claims that, “More worryingly, it [licensing] also brings the potential of gamekeepers losing their homes and livelihoods if a licence to operate was withdrawn“. This is just emotional scaremongering, probably encouraged by the same tosh spouted by SGA Chairman Alex Hogg earlier this year (see here). The only reason gamekeepers would potentially lose their homes and livelihoods would be if they’d broken the conditions of the licence and the subsequent withdrawal of that licence. That principle applies to everybody else in society whose activities are licensed. It’s the risk you run if, for example, you’re a professional driver and you commit road traffic offences leading to the loss of your driving licence. Why should gamekeepers be exempt from regulation when everyone else’s lives are governed by such rules?

Carrieanne claims that the licensing proposal has been brought about by “activists who object to the very existence of grouse moors, whether their opposition is based on a dislike of shooting or the ‘toffs’ who they believe are the only ones who participate“. Actually, the proposal was brought about by ordinary members of the public who are sick to the back teeth of criminal gamekeepers and their employers getting away with the illegal slaughter of protected wildlife, particularly on driven grouse moors.

Carrieanne claims that raptor persecution is “in decline” and that “tough new legislation has had a positive effect“. She also thinks, because her gamekeeper husband told her, that gamekeepers “desire to manage moorland for the interests of all species, whether it be grouse, ground-nesting birds, mountain hares or birds of prey“. Good grief.

She must have missed the Golden Eagle Satellite Tag Review, the findings of which were the final straw for Roseanna Cunningham and which led directly to the current proposition of a licensing scheme. She must also have missed the news that the hen harrier population continues to spiral downwards, thanks in large part to illegal persecution, and the news that peregrine populations continue to decline in areas dominated by driven grouse moors, and the news that the northern red kite population continues to suffer from the impact of illegal persecution on driven grouse moors, and the news that five prosecutions for alleged wildlife crime (all involving gamekeepers or their employers) have all been dropped in recent months, and the news that raptors continue to be illegally shot, even in recent weeks (see here, here) or illegally trapped (see here) on grouse moors up and down the country.

Did anyone see any gamekeepers or any moorland groups condemning these incidents? Where was their uproar? Where was their outrage? How many gamekeepers or members of moorland groups have provided information/intelligence to the police about any of these recent crimes? We’ll take an educated guess – none of them.

Carrieanne is right to be concerned about her family’s livelihood, but it’s not at risk from a licensing scheme, which is neither draconian or unnecessary; it’s actually a long overdue and pretty measured response to decades of criminality and unsustainable practices. Carrieanne’s livelihood is only at risk from those criminal gamekeepers and their employers who refuse to reform and continue to stick up two fingers to the law.

UPDATE 25 July 2017: SRSG response letter here

Buzzard caught in illegally-set trap on Monadhliaths grouse moor

Police Scotland have this afternoon published the following statement:

Investigation into illegal setting of traps, Strathdearn

Police Scotland can confirm that an investigation into the alleged illegal setting of traps to deliberately target birds of prey near Auchintoul, Strathdearn has been launched.

Police were informed of an incident that occurred on 7 June 2017 where a buzzard was found after having been illegally trapped on the south slopes of Beinn Bhreac. The bird was found by a member of the public and was released.

Inspector Mike Middlehurst said: “It is very disappointing to have an incident like this reported, especially when there is a great deal of positive work going on in the Highlands to tackle wildlife crime. Unfortunately, there are some who continue to deliberately target birds of prey; there is nothing accidental in the setup of these traps.

“I am grateful to the member of the public who came across the bird and for their assistance in trying to free it. They were slightly injured in the process of releasing the bird and had the knowledge to photograph it. We are keen to speak to anybody who was walking or mountain biking in this area over the weekend of 3 and 4 June 2017. If anyone saw people or vehicles on these tracks that they thought out of place or acting suspiciously I would encourage them to contact us.

“Anyone with information is asked to contact Police Scotland on 101 quoting reference NN13977/17 or Crimestoppers on 0800 555 111 if you wish to remain anonymous.”

ENDS

Well done to the member of the public who saw the trapped buzzard, photographed it, and reported it to the Police. And well done Police Scotland for getting this news out within a month of it happening. By the looks of the photograph, that’s a baited spring trap, illegally-set out in the open instead of being placed inside an artificial or natural cover as the law demands. Police Scotland are clear:

“Unfortunately there are some who continue to deliberately target birds of prey; there is nothing accidental in the setup of these traps“.

It’s also interesting to note the date this incident occurred – 7th June 2017. This is one week after the Cabinet Secretary’s announcement that she was bringing in new measures to tackle the on-going illegal persecution of raptors on grouse moors. It seems there are some out there who are determined to keep sticking up two fingers to the law, to the Government, and to the will of society. More fool them, because ultimately it is this arrogance and belief of being untouchable that will be the grouse-shooing industry’s downfall. We’re already beginning to see it crumbling in Scotland and cases like this will just increase resolve to demolish it once and for all.

The name of the estate where the trapped buzzard was found has not been publicised. However, Police Scotland say it was found on the south slopes of Beinn Bhreac. Using Andy Wightman’s ever-useful Who Owns Scotland website, the boundaries of two estates meet on the south slopes of Beinn Bhreac: Glen Kyllachy & Farr Estate on the west side, and Tomals & Kyllachy on the east side. Without a grid reference, we’re unable to determine on which estate this trap had been illegally set. Regular blog readers will be familiar with the name of one of these estates.

Here is a map showing Beinn Bhreac and the boundaries of the two estates meeting on its southern slopes (boundary information from Who Owns Scotland website).

Unsurprisingly, this area is driven grouse moor country and just happens to also be where a number of satellite-tagged golden eagles have ‘disappeared’ in recent years. Indeed, this area of the Monadhliaths to the north west of the Cairngorms National Park was identified in the recent Golden Eagle Satellite Tag Review as being one of the main areas where multiple tagged eagles have ‘disappeared’ in a suspicious cluster.

UPDATE 6PM:

We’ve sent a tweet to Conservative MSP Ed Mountain, as this is his constituency, asking him if he’s ready to be the “fiercest critic” yet? (E.g. see here).

We’ve also sent a tweet to Fergus Ewing MSP, Cabinet Secretary for Rural Economy, as this is also his constituency. We’ve asked him if he thinks this ongoing criminality is good for the rural economy?

We’ll post their responses here.

UPDATE 6 July 2017: Edward Mountain MSP responded with this: “Illegally trapping birds of prey is unacceptable. Police Scotland must carry out a full investigation. I will await and act on results”.

Fergus Ewing MSP (Cabinet Secretary) has not responded.

Game shoot licensing discussed on BBC’s Landward programme today

Today’s edition of the BBC’s Landward programme had a small feature on proposals for the introduction of game shoot licensing, including contributions from Duncan Orr-Ewing (RSPB Scotland) and Lord David Johnstone (Scottish Land & Estates).

It is available to watch on BBC iPlayer for the next 29 days (Episode 12, starts at 17 mins – here).

We’ve reproduced the full transcript:

Presenter, Euan Mcllwraith: “The majestic golden eagle, soaring above Scottish hills. It’s an iconic image of wild Scotland. But a Government report has found that almost a third of all golden eagles which have been tracked by satellite died in mysterious circumstances, and the majority of those cases were found on land which is managed for grouse shooting. And the demise of the golden eagles has kick-started a re-examination of the way that game shooting is managed.

Game shooting is a major contributor to the Scottish rural economy and supports jobs in rural areas. But the field sport relies on there being a large population of grouse to shoot. The report’s findings led Scottish Environment Minister Roseanna Cunningham to propose an inquiry in to whether or not shooting estates should need a licence to operate.

But why would a licence protect eagles? Well at the moment, if a gamekeeper for example was caught killing a bird of prey, he might be prosecuted and in extreme cases be sent to jail, but the estate would still be allowed to carry on doing business. But the threat of a removal of a licence to operate could prove a more effective deterrent.

The proposal has delighted some groups and horrified others.

With me now are Duncan Orr-Ewing of RSPB Scotland and David Johnstone of Scottish Land & Estates.

Duncan, from your point of view, what’s the attraction of a licence, ‘cos there’s a lot of penalties at the moment, if a keeper gets convicted he goes to jail. Why a licence?”

Duncan Orr-Ewing: “Well, we very much welcome the Cabinet Secretary’s statement that she will look at options including a licensing system. The reason we support a licensing system is because we believe it will raise standards in the grouse moor sector in particular, which has a whole range of problems that have been highlighted in recent years and we think there is a need to reflect the public interest”.

Euan Mcllwraith: “David, from your point of view, you’re not in favour of licences. Why is that?”

David Johnstone: “There’s a number of reasons within that. There’s the SNH report that came out showing licensing going on around Europe, it clearly demonstrated that licensing, wildlife crime still exists in parts of Europe where licensing also takes place. But also we don’t think that it will actually be effective, we think that there are better ways of doing it that will lead to the higher standards that Duncan was talking about, creating good working relationships between ourselves and other stakeholders within, especially the Government”.

Euan Mcllwraith: “But is it not quite simple? If a nightclub has a licence, they break the rules, they go out of business. If a landowner on an estate was seen to be killing birds of prey, which does happen, you cease to have that right to run a business”.

David Johnstone: “This is a very, very different situation because within a nightclub, when a nightclub finishes business, the doors are shut and nobody else is allowed in to that nightclub at all, you control everything that’s going on. Within an estate on land in Scotland, under the 2003 Act, people have a right to roam anywhere, at any time, which we fully support, therefore you have people wandering across the land you’re managing, doing whatever they may wish to do and we have…”

Euan Mcllwraith: “Yeah, but people aren’t going to walk on to an estate and kill a bird, I mean it may happen, but the vast majority…”

David Johnstone: “I’m sorry but we have examples of people who have been interfering with legally set traps and everything else so it does happen, nefarious activity does go on, and that puts at risk people’s livelihood, their jobs, the economy, everything. You’ve got to prove you didn’t do something, as opposed to somebody proving that you did do something”.

Euan Mcllwraith: “Is that a real worry though? That an estate can go out of business, a vital part of the rural economy will cease to exist, on a very low level of proof?”

Duncan Orr-Ewing: “Look, we’re in this position because of a failure of self-regulation, despite repeated public warnings that the estate sector, particularly driven grouse moors, need to get their house in order. They have failed to deliver, that is why we’re at this point.

We believe a system of licensing can be developed, that has the right checks and balances in place, they do it in other countries, we imagine this won’t be done routinely….”

Euan Mcllwraith: “Duncan, David, I think this debate will rage for a long time to come. At the moment it’s in the hands of the Minister who will make a decision in the months and years to come”.

ENDS

When do you think Scottish Land & Estates will realise that the game’s up? That everybody, even the Scottish Government, now accepts the huge weight of evidence showing that illegal raptor persecution is undertaken as a matter of routine on many driven grouse moors?

Does David Johnstone honestly think that anybody is going to believe his inference that 41 satellite-tagged golden eagles ‘disappeared’ in suspicious circumstances on driven grouse moors as a result of ‘nefarious activity’ undertaken by random members of the public?

If he’s so sure of this (without any supporting evidence), then presumably SLE members won’t have any problem accepting the placement of monitoring cameras at raptor nest and roost sites on driven grouse moors? You’d think they’d welcome this measure, which would clear estate gamekeepers from the frame, right? It’s funny then that certain estates continue to refuse to participate in the placement of cameras by SNH’s Heads Up for Harriers project.

Lord Johnstone has used this tactic of blaming members of the public before, when objecting to the introduction of vicarious liability. In 2012 he was cited as saying there was a risk of estates being set up. Five years on, there hasn’t, as far as we are aware, been a single case of an estate being ‘set up’.

Johnstone talks about instances of interference with legally set traps as an example of ‘nefarious activity’. Yes, it does happen, although not as widely as the game-shooting industry claims (see here) and most, no, all of the examples that we’ve seen show vandalism of the trap (thus rendering it inoperable) as opposed to some random person placing illegally-set traps (e.g. pole traps, as pictured above (RSPB photo)) to infer guilt on the estate gamekeepers.

We should really be congratulating whoever is responsible for SLE’s media strategy (‘deny, deny, deny’) because the longer SLE and the grouse-shooting industry takes to accept responsibility, or continues to blame it on others, the more idiotic, the more complicit, and the more incapable of self-regulation, they look, and then the quicker a licensing regime will be imposed.

Former police wildlife crime officer Alan Stewart wrote a blog recently about the grouse shooting industry’s refusal to accept responsibility for raptor persecution and specifically about SLE’s Moorland Director Tim (Kim) Baynes’ accusations against so-called ‘extremists’ (that’ll be us) for ‘derailing progress’. It’s well worth a read – here.