Tag: trap

‘Dodgy’ traps now ‘improved’ in Peak District National Park

Last week we blogged about two ‘dodgy’ tunnel traps that had been photographed in the Peak District National Park (see here).

There was some debate about the legality of both traps because the tunnel entrances hadn’t been sufficiently restricted to minimise the risk to non-target species, although one of the traps did have a twig shoved across the entrance – it was wholly ineffective but it could be argued that an attempt to restrict the entrance had been made.

Here are a couple of the images again:

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Anyway, it appears that whoever manages the northern side of the Bole Edge Plantation (Strines Wood) close to Bradfield grouse moor, where these photographs were taken, has been paying attention to the criticism.

The two traps have now been rebuilt and the tunnel entrances are now clearly restricted:

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That’s a definite improvement (the power of social media, eh?) although the issue of whether these (legal) traps should be deployed inside a National Park is still up for debate.

And even when the tunnel entrance has been restricted, that doesn’t mean that non-target species won’t be caught. Have a look at the trap in these two photographs, taken earlier this summer on a driven grouse moor in North Yorkshire. Not good, is it?

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An interesting letter from Invercauld Estate

In July we blogged about the discovery in June of a critically-injured Common gull that had been found caught in two illegally-set spring traps on Invercauld Estate in the Cairngorms National Park (see here).

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We also blogged about a bizarre press statement from Invercauld Estate (issued via the GWCT’s twitter feed) in which they denied any illegal activity had taken place or if it had, it was perhaps a set-up ‘intended to discredit the grouse industry‘ (see here).

We also blogged about the Scottish Gamekeepers’ Association’s press statement, which said the SGA was conducting its own enquiry (see here).

We also blogged about Police Scotland’s view that a Common gull had been found caught in an illegally-set trap but ‘despite a thorough investigation‘, Police enquiries had failed to find further evidence to proceed with a potential prosecution and ‘there are at present no further investigative opportunities available‘ (see here).

So that looked like the end of it. Until, through a series of FoIs to the Scottish Government and the Cairngorms National Park Authority, a very interesting letter has emerged.

The letter, dated 27 July 2016 (so a week after the original story had broken) was written by Angus McNicol, who identifies himself as the Estate Manager for Invercauld Estate, and was addressed to the Cabinet Secretary for the Environment, Roseanna Cunningham. A copy of the letter was also sent to the Cairngorms National Park Authority. It’s a fascinating read.

Here is a copy of the letter: Invercauld Estate letter

Having read it, our first question was, ‘Why was this letter written?’ That’s a hard question to answer because we can’t get inside Mr McNicol’s head to read his thought processes. We can, though, speculate about the intentions. In our opinion, this letter was written to reassure the Cabinet Secretary that Invercauld Estate takes wildlife crime seriously and they’ve done something about it.

You’ll see that one paragraph in this letter has been partially redacted (by the Scottish Government – and, incidentally, the copy of the letter received from the Cairngorms National Park Authority was redacted in exactly the same place). It’s this partial paragraph that interests us the most. Here it is:

Invercauld redacted

Let’s focus on the sentence immediately before the redaction begins. “Whilst this was a press report, we decided to act on the worst case scenario, taking the report at face value“. Assuming that the ‘worst case scenario‘ might have been that an Estate employee was responsible for illegally setting the traps, the Estate ‘decided to act‘. What action they took is unknown, because that bit has been redacted. But interestingly, the word ‘gamekeepers’ appears later in the same paragraph.

Later in the letter, Mr McNicol reiterates that ‘action‘ had been taken:

Invercauldredacted2

So, was the ‘action’ to which Mr McNicol refers, disciplinary action against one or more Invercauld Estate gamekeepers in relation to this crime? Has somebody been sacked?

If that’s actually what happened, and if Mr McNicol has admitted this in writing, wouldn’t that trigger an investigation in to a potential vicarious liability prosecution?

Is that why, later in the letter, Mr McNicol goes to great lengths to explain the measures that Invercauld Estate has put in place to ensure its staff do not commit wildlife crimes? These measures, explained in such detail, might form the defence of ‘due diligence’ – remember, if an estate is accused of being vicariously liable for certain wildlife crimes, a defence of due diligence is permitted (see here).

Whether an estate’s attempts at due diligence are a sufficient defence to an accusation of vicarious liability is for a court to decide. We presume, if our interpretation of what happened is accurate, that both the Scottish Government and the Cairngorms National Park Authority have notified Police Scotland about the content of Mr McNicol’s letter and Police Scotland will now be following this up with an investigation? Time will tell.

The content of Mr McNicol’s letter raises some other interesting points.

Why, if Invercauld Estate has taken action against an employee, did the Estate deny in their original press statement that the offence had even taken place or claim that if it had, it had been a set-up ‘intended to discredit the grouse industry‘?

Who is the person/organisation that conducted “independent searches of hill ground and of buildings on the Estate to check for illegal traps, snares and illegal pesticides“? Presumably it wasn’t the GWCT – they can hardly be classed as being ‘independent’ if they’re publishing press statements on their twitter feed on behalf of Invercauld Estate. And presumably it wasn’t anybody from Scottish Land & Estates – they can hardly be classed as ‘independent’ as Mr McNicol states Invercauld Estate is a member of SLE. And presumably it wasn’t anybody from the SGA – they can hardly be classed as ‘independent’ as Mr McNicol states that ‘all the relevant staff are members of the SGA‘. So who was it?

When did these ‘independent searches of hill ground and of buildings on the Estate to check for illegal traps, snares and illegal pesticides” take place, and how often have they been conducted?

Why did Police Scotland, as part of what they described as a ‘thorough investigation‘, only speak to a representative of Invercauld Estate (Mr McNicol)? Why didn’t officers question, under caution, the gamekeepers who work on the part of the Estate where the illegally-set traps were found?

It’s all very interesting.

Perhaps we’ll get some answers once the SGA has finished its enquiry in to what happened. Presumably they’ll be publishing their findings in due course….

Caring gamekeepers warn public not to tamper with poisoned baits

poison2Gamekeepers in Scotland have asked the public not to hamper ‘legitimate moorland activities’ after a number of poisoned baits were disturbed next to a popular walking area.

The baits, which are approved by the Modern Poisoners’ Society to be deployed by trained gamekeepers to control predators such as golden eagles and red kites, were interfered with on a grouse moor in the Cairngorms National Park.

The local chapter of the Modern Poisoners’ Society said that those using the moors for access should not handle baits, especially as tampering by non-trained individuals can lead to accidents.

Grampian coordinator Ben D. O’Carb said: “Interference with poisoned baits is illegal and we would appeal to anyone who sees them whilst out walking not to move or handle them, even if they are curious as to why they are there.

These baits are set by trained professionals for a legitimate purpose. Thankfully, the majority of walkers enjoy the moors and are mindful they are places of work as well as recreation. In this particular instance, the disturbed baits were left out in the open, where they were originally placed, and could have posed a danger in an area where there are lots of dog walkers.

We want people to be safe so we would ask members of the public to leave the poisoned baits alone. If they want to find out more about them, they should engage with the gamekeepers who will be able to tell them how and why they are used. The gamekeepers will be easy to spot – they’ll be inside the 4×4 vehicle that’s been following you across the moor for the last hour, just to ensure your safety, obvs.”

“Ps. God bless little angels in heaven“.

Actually, none of the above happened. We just made it up. Any resemblance to anyone living or dead is purely coincidental.

In other news, the Grampian Moorland Group is urging the public not to tamper with legally-set traps (see here). Those caring, thoughtful, considerate and public-spirited guardians of the countryside are worried that members of the public may be injured if traps are damaged.

Strangely, the article doesn’t mention the risks to the public (adults, children, pets) of touching or standing on an illegally-set spring trap that’s been staked out on open ground, or the potentially fatal consequences of touching an illegally poisoned bait.

Death in a National Park

Many people think that a National Park provides a safe haven for wildlife. It’d be a reasonable expectation. The reality is somewhat different.

The following photographs were taken last week inside the Peak District National Park. To be more precise, they were taken on the northern side of the Bole Edge Plantation (Strines Wood), close to Bradfield grouse moor.

These Fenn (spring) traps appear to be legal, in as much as they have been set inside an artificial tunnel. However, the tunnel entrances do not appear to have been effectively restricted to minimise the risk to non-target species. The legal requirement for tunnel restriction is a bit of a grey area and apparently is at the discretion of the trap operator.

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40 eagles, 10 years, 0 prosecutions

In April 2012, we wrote an article called ’21 eagles, 6 years, 0 prosecutions’ (see here).

In September 2012, we updated it and called it ’26 eagles, 6 years, 0 prosecutions’ (see here).

In July 2013 we updated it again. This time, ’27 eagles, 7 years, 0 prosecutions’ (see here).

In December 2013 we had to do another update: ‘31 eagles, 7 years, 0 prosecutions’ (see here).

In April 2014 we had to do another update: ’32 eagles, 8 years, 0 prosecutions’ (see here).

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After this morning’s news (here) that eight young satellite-tagged golden eagles have ‘disappeared’ on grouse moors in the Monadhliath Mountains over the last five years, we thought it was time for another update. This time it’s called: ’40 eagles, 10 years, 0 prosecutions’.

36 of these 40 eagles have either been found dead on, or have ‘disappeared’ on, Scottish grouse moors. (The other 4 have either died or have ‘disappeared’ in other habitat types).

Three of these 40 eagles have ‘disappeared’ in 2016. So much for the grouse-shooting industry claiming that they’ve cleaned up their act and that persecution is a thing of the past. The tactics of how to kill an eagle have clearly changed (see here) but the persecution continues.

As before, a number of eagles included in this list (16 of them, to be precise) may not be dead. However, they are included here because their satellite tags unexpectedly stopped functioning (i.e. they’d been transmitting perfectly well up until the eagles’ last known location, often a known persecution hotspot). Two further satellite-tagged eagles (‘Angus’ and ‘Tom’) are not included in this list as although their transmitters stopped functioning, there had been recognisable problems with their tags prior to the final transmissions and so the benefit of the doubt has been applied.

Many of these listed eagles from recent years have only been discovered because the eagles were being satellite-tracked. Much kudos to the dedicated teams of fieldworkers who have put in hours and hours of skilled hard work to allow this to happen. Obviously there are many other eagles out there that have not been sat-tagged and on the balance of probability will have been killed at the hands of the game-shooting industry. 40 eagles in the last 10 years is the bare minimum. The number of prosecutions (zero) is indisputable.

MAY 2006: A dead adult golden eagle was found on the Dinnet & Kinord Estate, near Ballater, Aberdeenshire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Grampian Police launched an investigation. No prosecution.

JUNE 2006: A dead golden eagle was found on Glen Feshie Estate in the Cairngorms. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Northern Constabulary launched an investigation. No prosecution.

AUGUST 2007: A dead adult female golden eagle was found on an estate near Peebles in the Borders. She was half of the last known breeding pair of golden eagles in the region. Tests revealed she had been poisoned by the illegal pesticide Carbofuran. Lothian & Borders Police launched an investigation. No prosecution.

NOVEMBER 2007: Tayside Police received a detailed tip-off that a young male white-tailed eagle (known as ‘Bird N’) had allegedly been shot on a grouse moor estate in the Angus Glens. The timing and location included in the tip-off coincided with the timing and location of the last-known radio signal of this bird. The eagle has not been seen again. With no carcass, an investigation isn’t possible.

MAY 2008: A one year old male white-tailed eagle hatched on Mull in 2007 and known as ‘White G’ was found dead on the Glenquoich Estate in the Angus Glens. Tests revealed he had been poisoned by an unusual concoction of pesticides that included Carbofuran, Bendiocarb and Isofenphos. A police search in the area also revealed a poisoned buzzard, a baited mountain hare and 32 pieces of poisoned venison baits placed on top of fence posts on the neighbouring Glenogil Estate. Laboratory tests revealed the baited mountain hare and the 32 poisoned venison baits contained the same unusual concoction of highly toxic chemicals that had killed the white-tailed eagle, ‘White G’. No prosecution.

JUNE 2009: An adult golden eagle was found dead at Glen Orchy, Argyll, close to the West Highland Way. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Strathclyde Police launched a multi-agency investigation. Three years and 3 months later, estate employee Tom McKellar pled guilty to possession of Carbofuran stored in premises at Auch Estate, Bridge of Orchy and he was fined £1,200. No prosecution for poisoning the golden eagle.

JULY 2009: A two year old female golden eagle known as ‘Alma’ was found dead on the Millden Estate in the Angus Glens. Tests revealed she had been poisoned by the illegal pesticide Carbofuran. Alma was a well-known eagle  – born on the Glen Feshie Estate in 2007, she was being satellite-tracked and her movements followed by the general public on the internet. Tayside Police launched an investigation. No prosecution.

AUGUST 2009: A young white-tailed eagle was found dead on Glenogil Estate in the Angus Glens. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Tayside Police was criticized in the national press for not releasing a press statement about this incident until January 2010. No prosecution.

MAY 2010: #1 of three dead golden eagles found on or close to Skibo Estate, Sutherland. Tests revealed they had been poisoned; two with Carbofuran and one with Aldicarb. Northern Constabulary launched a multi-agency investigation. One year later (May 2011), Sporting Manager Dean Barr pled guilty to possession of 10.5 kg of Carbofuran stored in premises at Skibo Estate. No prosecution for poisoning the golden eagle.

MAY 2010: #2 of three dead golden eagles found on or close to Skibo Estate, Sutherland. Tests revealed they had been poisoned; two with Carbofuran and one with Aldicarb. Northern Constabulary launched a multi-agency investigation. One year later (May 2011), Sporting Manager Dean Barr pled guilty to possession of 10.5 kg of Carbofuran stored in premises at Skibo Estate. No prosecution for poisoning the golden eagle.

MAY 2010: #3 of three dead golden eagles found on or close to Skibo Estate, Sutherland. Tests revealed they had been poisoned; two with Carbofuran and one with Aldicarb. Northern Constabulary launched a multi-agency investigation. One year later (May 2011), Sporting Manager Dean Barr pled guilty to possession of 10.5 kg of Carbofuran stored in premises at Skibo Estate. No prosecution for poisoning the golden eagle.

JUNE 2010: #1: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.

JUNE 2010: #2: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.

JUNE 2010: #3: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.

JUNE 2010: #4: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.

JUNE 2010: A golden eagle was found dead on Farr & Kyllachy Estate, Inverness-shire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Northern Constabulary apparently did not search the property until July 2011. No prosecution.

JUNE 2010: A white-tailed eagle was found dead on Farr & Kyllachy Estate, Inverness-shire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Northern Constabulary apparently did not search the property until July 2011. No prosecution.

DECEMBER 2010: A decomposing carcass of a white-tailed eagle was found and photographed on Logie (Lochindorb) Estate, Morayshire. It was reported to Northern Constabulary. By the time the police arrived to collect it, the carcass had disappeared. The police said they couldn’t investigate further without the body.

FEBRUARY 2011: The signal from a young satellite-tracked golden eagle ( ‘Lee’, hatched in 2010) unexpectedly stopped transmitting after a final signal from the North Angus Glens. A technical malfunction or another mysterious ‘disappearance’?

MARCH 2011: The body of a young golden eagle was discovered on North Glenbuchat Estate, Aberdeenshire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Grampian Police launched an investigation and raided the property in May 2011. A poisoned buzzard, a poisoned bait and a shot short-eared owl were found. No prosecution.

APRIL 2011: The body of a white-tailed eagle was found at the base of cliffs on Skye. The person who discovered it (a professional medic) considered it to have been freshly shot with a rifle, decapitated with a sharp implement and thrown from the cliff top. He took photographs and alerted Northern Constabulary and RSPB. There was a delay of two weeks before the now probably decomposed carcass was collected. A post-mortem was inconclusive. This incident was not made public until one year later after a tip off to this blog. No prosecution.

SEPTEMBER 2011: The signal from a satellite-tracked young golden eagle (‘Strathy’, hatched in 2010) unexpectedly stopped transmitting after a final signal from an Aberdeenshire grouse moor. A technical malfunction or another mysterious ‘disappearance’?

NOVEMBER 2011: The signal from a one-year-old satellite-tracked golden eagle (#57124) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

MARCH 2012: The body of a young golden eagle being tracked by satellite was discovered in Lochaber. Tests revealed it had been poisoned with the banned pesticides Aldicarb and Bendiocarb. Information about this incident was not made public until three months later. No prosecution.

MARCH 2012: The signal from a satellite-tracked young golden eagle (‘Angus 26′, hatched in 2011) unexpectedly stopped transmitting after a final signal from a grouse moor in the Angus Glens. This bird’s suspiciously damaged sat tag was found in the area. No prosecution.

MAY 2012: The signal from a young satellite-tracked golden eagle (#32857) unexpectedly stopped transmitting when the bird was north-east of the Cairngorms National Park. A technical malfunction or another mysterious ‘disappearance’?

MAY 2012: The dead body of a young satellite-tracked golden eagle (hatched in 2011) was discovered near a lay-by in Aboyne, Aberdeenshire. The data from its satellite tag & the injuries the bird had when found (2 broken legs) suggested it had been caught in an illegal trap on a grouse moor in the Angus Glens and then removed, under cover of darkness, to be dumped in another area where it was left to die, probably a slow and agonising death. Information on this incident was not released until almost five months later, by the RSPB. It appears the police failed to properly investigate this incident as we understand that no search warrants were issued and no vehicles were searched. No prosecution.

JULY 2012: The signal from a one-year-old satellite-tracked golden eagle (‘Foinaven’) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

OCTOBER 2012: An adult golden eagle was found shot and critically injured on grouse moor at Buccleuch Estate, near Wanlockhead, South Lanarkshire. The bird was rescued by the SSPCA and underwent surgery but it eventually succumbed to its injuries in April 2013. No prosecution.

MAY 2013: The signal from a two-year-old satellite tracked golden eagle (‘Angus 33′, hatched in 2011) unexpectedly stopped transmitting after its last signal from North Glenbuchat Estate in Aberdeenshire. A technical malfunction or another mysterious ‘disappearance’?

JUNE 2013: A dead golden eagle was found under power lines on an RSPB reserve on Oronsay. This bird had been shot although it is not known whether this was the cause of death or an historical injury.

JULY 2013: The signal from a young satellite tracked golden eagle (‘Cullen’, hatched 2010) unexpectedly stopped transmitting after its last signal in Aberdeenshire. A technical malfunction or another mysterious ‘disappearance’?

DECEMBER 2013: A two year old satellite tracked golden eagle (‘Fearnan’) was found dead on a grouse moor in the Angus Glens. Tests revealed he had been poisoned with the banned pesticide Carbofuran. No prosecution.

MARCH 2014: The signal from a one-year-old satellite-tagged golden eagle (#129002) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

APRIL 2014: The signal from a young satellite tracked white-tailed eagle (the first fledged sea eagle chick in East Scotland in ~200 years) unexpectedly stopped transmitting after its last signal from the North Glenbuchat Estate in Aberdeenshire. Police raided the property a couple of weeks later. No prosecution.

OCTOBER 2014: The signal from a one-year-old satellite-tagged golden eagle (#107133) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

OCTOBER 2014: The signal from a two-year-old satellite-tagged golden eagle (#119886) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

MAY 2016: The signal from a less-than-one-year-old satellite-tagged golden eagle (#00000583) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

JUNE 2016: The signal from a two-year-old satellite-tagged golden eagle (#129010) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

JULY 2016: The signal from a two-year-old satellite-tagged golden eagle (#129015 ‘Brodie’) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

THE UNTOUCHABLES: 40; JUSTICE: 0

Cabinet Secretary for the Environment Roseanna Cunningham has responded to this morning’s news (read her statement here) by calling for an analysis of the satellite tag data from around 90 surviving and missing eagles “to discover if there is a pattern of suspicious activity“. It just beggars belief. We’ll shortly be blogging in more detail about her response and that of the Scottish Moorland Group, which is equally as fatuous.

In the meantime, please sign this petition (here) calling on the Scottish Government to introduce a licensing scheme for gamebird shooting.

And then please sign this petition (here) calling on the Westminster Government to ban driven grouse shooting.

ALMD

Police statement on illegal traps found on Invercauld Estate

A few weeks ago we blogged about the discovery of two illegally-set spring traps and a critically injured Common gull found on a grouse moor on Invercauld Estate (Cairngorms National Park) in June 2016 (see here). We later blogged about the Estate’s subsequent denial that illegal activity had taken place and the Estate’s ‘understanding that the Police had not found evidence of illegal activity’ (see here).

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We asked Police Scotland to clarify whether evidence of illegal activity had been found on Invercauld Estate (we didn’t ask who had found such evidence, just whether any evidence had been found). Here is the response from Police Scotland:

Thank you for your email to ACC Graham and concern about wildlife crime in Scotland.

The RSPB media release refers to an incident that it reported to both Police Scotland and the SSPCA following the discovery by two members of the public of a Common Gull caught in an open spring (Fenn) trap on the Invercauld Estate. As a result of the injuries sustained in the trap the bird was euthanized by an SSPCA officer who attended and the full circumstances along with clarification of an illegally set trap were subsequently passed to Police Scotland. Once aware of the specifics and having confirmed the availability of resources from partner agencies, Police Scotland  accompanied by specialist RSPB and SSPCA staff undertook a search of the area using powers available under S19 Wildlife and Countryside Act, 1981. That search was only able to identify signs of what appeared to have been trap-setting activity on the hillside i.e. holes in the ground but no actual traps. However, in light of the initial observations by the members of the public police officers spoke with representatives from Invercauld Estate. Unfortunately, the Estate was unable to shed any further light on this suspected illegal activity.

Other than the witness statements, there is no further evidence available from the initial discovery of the trapped bird and as previously highlighted the joint partner agency search failed to uncover any traps in place on the hillside. As a consequence, and despite a thorough investigation, there are at present no further investigative opportunities available to Police Scotland.

Police Scotland is committed to tackling wildlife crime and works closely with fellow members of the Partnership for Action Against Wildlife Crime (Scotland) to address wildlife crime issues across Scotland. We would encourage anybody with information about those that commit wildlife crime to contact Police Scotland by telephoning 101 or by contacting Crimestoppers anonymously on 0800 555 111.

Regards,

 Andrew Mavin

 Sergeant Andrew Mavin

Scottish Wildlife Crime Coordinator

Specialist Crime Division

Police Scotland

END

It’s a carefully worded statement but even so, is still quite opaque. The statement appears to confirm the discovery of an illegally-set trap (“….along with clarification of an illegally set trap….”) [actually, the gull’s legs were caught in two illegally-set traps, not just one] but then later it mentions ‘suspected illegal activity‘, although this appears to be a direct reference to other potential trap-setting activity on the hill, and not a direct reference to the two illegally-set traps that were reported by two hill walkers and then by the attending SSPCA Inspector.

Whether illegally-set traps were found on Invercauld Estate is not in question. The evidence, collected by the SSPCA Inspector, shows that two illegally-set traps had been found and that they’d caused appalling injuries to the trapped Common gull. The unanswered question, as ever, is who set those traps?

Invercauld gull

We will wait with interest to see whether SNH imposes a General Licence restriction order on this part of Invercauld Estate. Remember, even if there is insufficient evidence for a criminal prosecution, SNH may still impose this penalty if they consider the evidence is sufficient to warrant a GL restriction penalty. We may have to wait a while to find out, because SNH appears to have stopped issuing GL restrictions while it waits for a court decision on whether the process it uses to impose a GL restriction is fair. As you may remember, the Raeshaw Estate in the Scottish Borders has called for a judicial review of SNH’s decision to impose a GL restriction (see here) and we understand that the court has recently granted permission for the judicial review to take place.

While we wait for that judicial review, we will have more to write about the Invercauld Estate case…..watch this space.

In the meantime, you might want to consider signing THIS PETITION calling for the licensing of all gamebird hunting in Scotland (online petition currently at 3,089 signatures)

When you’ve done that, please consider signing THIS PETITION calling for a ban on driven grouse shooting (online petition currently at 79,404 signatures).

Statement from Invercauld Estate re: illegal traps

In relation to this morning’s news (here) that illegally-set traps have been discovered on a grouse moor on Invercauld Estate in the Cairngorms National Park, the following statement from Invercauld Estate has just appeared on GWCT’s twitter feed:

Invercauld statement

This is staggering! In one paragraph the estate is denying that this crime ever happened, but then in the next paragraph suggests that if it did happen the evidence was probably planted by someone trying to discredit the grouse shooting industry. Really? Really? Seven hours to think about it and that’s the response? Really?

The RSPB, the SSPCA, and two witnesses (the hill walkers) say it happened (full statement here).

Cabinet Secretary for the Environment Roseanna Cunningham believes it happened and has said, “It is difficult to see their use [the illegally-set spring traps] as anything other than a blatant and criminal attempt to target protected birds of prey” (full statement here).

Grant Moir, CEO of the Cairngorms National Park Authority also believes it happened and has asked for a meeting with the Head Trustee of Invercauld Estate, the Sporting Partner on Invercauld Estate, and Police Scotland to improve enforcement measures (full statement here).

So, Police Scotland, over to you. Was evidence of illegal activity found on Invercauld Estate? Emails please to Assistant Chief Constable Malcolm Graham who leads on wildlife crime for Police Scotland: ACC.CrimeMCPP@scotland.pnn.police.uk

When you’ve sent your email, please consider signing THIS PETITION calling for the licensing of all gamebird hunting in Scotland.

When you’ve done that, please consider signing THIS PETITION calling for a ban on driven grouse shooting.

Invercauld gull

Illegal traps on Invercauld Estate: part 2

Further to today’s news that illegally-set traps have been found on a grouse moor on Invercauld Estate in the Cairngorms National Park (see here), we are interested in the SSPCA’s role in this investigation.

As you’ll recall, RSPB Scotland notified the SSPCA about the severely injured gull caught by both legs in two spring traps. An SSPCA Inspector attended the scene (utilising powers under the Animal Health & Welfare (Scotland) Act) and was able to put the poor suffering bird out of its misery. However, the SSPCA Inspector did not conduct a wider search of the area for evidence because their current powers do not permit that.

Invercauld gull

Instead, the wider search was delayed until Police Scotland could attend (Police Scotland does have the authority to undertake searches of land to look for evidence of offences committed contrary to the Wildlife & Countryside Act). Now, this delay is NOT a criticism of Police Scotland’s actions in this case (they were on site relatively swiftly and invited both the SSPCA and RSPB Scotland Investigations to assist with the search. That’s a big improvement on some previous cases).

But, the problem of the SSPCA’s limited powers are clear in this case.

When the multi-agency search did take place ‘a few days later’, ‘clear evidence was found that eight similar traps had been deployed, attached to stakes and baited with dead rabbits, in a line stretching two hundred metres across the moor. It was also evident that these traps had been removed very recently’.

Whichever criminal had set these two traps that caught the gull was given the time to remove those further eight traps before the Police turned up.

How ridiculous is it that the SSPCA Inspector wasn’t allowed to walk two hundred metres across the grouse moor to retrieve those eight additional traps (and any other evidence that the criminal may have left lying around)? It’s plainly bonkers! Instead, there was an inevitable delay while the Police sorted themselves out (again, not a criticism in this case), allowing the criminal to distance him/herself from the crimes.

As many of you will know, on 1 Sept 2016 it will be two years since the closure of the Scottish Government’s public consultation on increased investigatory powers for the SSPCA. Three Environment Ministers later and we’re still waiting for a decision (see here). It’s pathetic.

More on this Invercauld case shortly…..

Illegally-set traps found on Invercauld Estate grouse moor, Cairngorms National Park

RSPB Scotland has today issued a press statement about the discovery of illegally-set traps found on a Royal Deeside grouse moor in the Cairngorms National Park (see here).

On 27 June 2016, two members of the public found a Common Gull that had been caught by the legs in two spring traps that had been positioned next to a dead rabbit that had been used as bait. The gull was distressed and bleeding profusely. The hill walkers called RSPB Scotland, who immediately alerted Police Scotland and the SSPCA. An SSPCA Inspector quickly attended the scene and the gull was found to have two broken legs. The bird’s injuries were so extensive it had to be euthanised.

Several days later, a multi-agency (Police Scotland, SSPCA, RSPB Scotland) search was undertaken on the grouse moor, ‘where clear evidence was found that eight similar traps had been deployed, attached to stakes and baited with dead rabbits, in a line stretching two hundred metres across the moor. It was also evident that these traps had been removed very recently’.

The press statement continues, ‘Police Scotland officers later spoke to a number of people involved with the management of the land on which the traps were found, but the identity of who had set the traps could not be established‘.

According to the press statement, the two hill walkers had found the distressed gull on “the northern slopes of Geallaig Hill, a few miles north west of Ballater“.

According to Andy Wightman’s fantastic website Who Owns Scotland, Geallaig Hill lies within the boundary of the Invercauld Estate. Using Andy’s data, we’ve created this map to show the position of Invercauld Estate within the Cairngorms National Park and the location of Geallaig Hill within the boundary of Invercauld Estate.

Cairngorms Invercauld - Copy

This is not the first time illegally-set spring traps have been found on Invercauld Estate. In 1997, a gamekeeper was fined £120 after admitting to illegally setting a spring trap to catch a rook (see here).

Spring traps can (currently) be used legally to catch stoats, weasels, rats etc BUT ONLY if they are placed inside a natural or artificial tunnel with a restricted entrance to minimise the risk of catching a non-target species. There are frequent reports of their illegal use on some shooting estates to trap birds of prey (e.g. set in the open next to a bait, or attached to the top of a post to turn them in to pole traps) – some recent examples can be found here, here, here, here, here, here, here, and of course the recent and now infamous Mossdale Estate traps here.

There’s a lot to discuss about this latest crime, and we’ll be doing just that in a series of blogs later this afternoon.

In the meantime, well done to the two hill walkers who reported this crime, well done to the SSPCA Inspector for a quick response, well done to the Police Scotland wildlife crime officers for a quick, multi-agency follow up and search, and well done to RSPB Scotland for a timely press release.

More shortly…..

UPDATE 2.30pm: Illegal traps on Invercauld Estate part 2 here

UPDATE 4.45pm: An astonishing statement from Invercauld Estate here

UPDATE 23 July 2016: SGA statement re: illegal traps found on Invercauld Estate here

General Licence restriction not worth paper it’s written on

SNH logo 2Further to yesterday’s blog about the status of the General Licence restriction on Raeshaw Estate (see here), SNH has now provided an explanation.

You’d better make sure you’re sitting down:

“Thank you for your email to Andrew Bachell. I am writing to give you an update.

SNH issued a restriction on the use of General Licences in two separate locations in November 2015. Following this, Raeshaw Farms Limited petitioned the Courts to seek a Judicial Review (JR) of our decision. The Court has yet to make a decision as to whether or not a JR will proceed but we expect a decision shortly.

As an interim measure during the petitions process the Judge suspended the restriction up until 10th June 2016. This date has now passed and the use of General Licences on this land is once more prohibited. Our website has been updated accordingly.

In response to an application from Raeshaw Farms Limited, we have granted them an individual licence to carry out some activities otherwise permitted under General Licence. This licence is subject to specific conditions and controls. This will allow the business to continue to operate but under tighter scrutiny rather than the relatively ‘light touch’ approach to Regulation that General Licences afford.

We will issue a press statement once the legal proceedings have concluded.

Yours sincerely,

Nick Halfhide, SNH Director of Operations”

END

This is unbelievable, even by SNH standards.

SNH issued a General Licence restriction order on Raeshaw Estate as a sanction for recent alleged raptor persecution crimes, on the basis of evidence provided to SNH by Police Scotland (see here and here). Even though that evidence wasn’t enough for a criminal prosecution, SNH must have been satisfied that it was sufficient to warrant this penalty, otherwise they wouldn’t have issued the GL restriction order.

Raeshaw Estate has been the subject of several police raids in connection with alleged wildlife crime since 2004, although none have resulted in a prosecution (see here).

SNH’s procedures for issuing a GL restriction are now subject to a potential judicial review but the GL restriction is now back in place on Raeshaw Estate after a temporary suspension by the court.

So why the hell has SNH now issued an individual licence to permit the very activities their GL restriction is supposed to prevent?!

What is the point of having a GL restriction in place if SNH is then going to totally undermine it by issuing an individual licence?

SNH says the individual licence is “subject to specific conditions and controls”. And what might they be? Unless you’ve got an enforcement officer shadowing the individual licence holder (wholly impractical and unrealistic), SNH is placing a huge amount of trust in the individual licence user to comply with these ‘specific conditions and controls’. That’ll be the trust that SNH deemed absent from the estate when it issued the GL restriction order.

UNBELIEVABLE. Remember this the next time the Scottish Government says it’s getting tough on wildlife crime.