The judicial review brought by a Northumberland gamekeeper to question whether Natural England followed due process when they refused to give him licences to kill buzzards and sparrowhawks, has finished.
We now await the written decision of the judge, which can take weeks.
Useful background information about the judicial review process here and here.
An important judicial review is underway at the High Court this week. It concerns the legal question about whether Natural England acted fairly when it refused licences to a gamekeeper to allow him to kill buzzards and sparrowhawks to protect his pheasants.
The JR has been brought by Northumberland gamekeeper Ricky McMorn and is backed by the National Gamekeepers’ Organisation.
Article in the Chronicle here.
We’ve blogged extensively about this over the last three years. See here for earlier posts, which include discussions about whether DEFRA/Natural England should entertain a licence application from a gamekeeper with a previous conviction for possession of a banned poison (apparently that’s not a problem), whether the National Gamekeepers’ Organisation should expel a member with a conviction for possession of a banned poison (apparently not), and whether there’s any scientific evidence to demonstrate buzzards (and sparrowhawks) have a substantially detrimental effect on game bird shoots (there isn’t).
Henry paid a visit to Moy Estate in the Monadliaths.
Regular blog readers will probably remember what was found on Moy Estate in 2010:
A 20-year-old gamekeeper (James Rolfe – straight out of game-keeping college) was charged with possession of the dead red kite and was fined £1,500. No charges were ever brought against anyone for any of the other offences.
Previous blogs on Moy: see here, here, here and here. It’s particularly worth having a look at this, especially in light of recent hen harrier ‘disappearances’ in England. They weren’t necessarily shot (as the grouse-shooting industry keeps telling us) – they could just as easily have been trapped like this (as the grouse-shooting industry keeps forgetting to mention).
The gamekeeper on Moy was convicted four years ago in 2011. Since then, several more satellite-tracked red kites have ‘disappeared’ since their last signals emitted from Moy, and several buzzard and goshawk nests seem to fail each year. It’s quite windy at Moy. It was probably the wind that blew off those rings from the young golden eagles’ legs and blew them straight in to a jar inside the gamekeeper’s house. It was probably the wind that severed the leg of the red kite and then blew it in to a hole on the moor and then blew moss over the hole to cover it. It was probably the wind that blew away the more recent ‘missing’ red kites. It was probably the same wind that blew holes in those buzzard and goshawk nests, too. Still no breeding hen harriers on this estate – yep, must have been blown away.
Word has it that the game management on Moy Estate is being taken over by a sporting agent with whom we’re very familiar. Cue hundreds of thousands of pounds worth of night vision equipment to carry out his particular style of grouse moor management.
Henry left the estate before darkness fell. He lives another day, although he’s still single.
Earlier this month we read a fascinating article published in Fife Today about the alleged illegal tampering of traps (see here).
Landowner Sir Robert Spencer-Nairn (Rankielour Estate) was talking about how he’d installed CCTV cameras ‘following a spate of incidents’ where ‘vicious’ crows had been released from traps to ‘wreak damage in the countryside’ (yep, you get the idea – he has links with GCT so what do you expect?). The article also suggested that Police Scotland  ‘is reporting a rise in the number of traps being tampered with’.
Is that right? Well, how about we look at the evidence.
Regular blog readers may recall former Environment Minister Paul Wheelhouse telling the RACCE Committee in November 2013 that there wasn’t any evidence to support or refute claims from the game-shooting industry of widespread trap interference/damage, but that a study (funded by Scottish Government – i.e. tax payers) was about to begin to try and assess those claims (see here).
That year-long study began in April 2014 and finished at the end of March 2015. BASC (Scotland) issued a press release in February 2014 to announce the start of the study, and it’s really worth a read (see here) – especially the comments attributed to Mike Holliday (BASC Scotland), Tim (Kim) Baynes (Scottish Land & Estates Moorland Group) and Alex Hogg (SGA), who all claimed that trap interference was widespread (ooh, is that the old victim card being played once more?). As well as BASC, the study was reportedly widely supported by SLE, SGA, GWCT (Scotland), Scottish Countryside Alliance, Scottish Assoc for Country Sports and NFU Scotland. Pretty good coverage then.
So how did the study go? What were the findings? An FoI has revealed all. See here:
FoI April 2015_ Illegal interference with traps and snares BASC – Copy
It turns out that this alleged problem isn’t widespread after all.
Let’s just ignore the fact that none of the data were independently verified, and assume that the gamekeepers who submitted the data were honest (because gamekeepers never lie, right?). In which case, there were 19 alleged trap interference/damage incidents throughout the year-long ‘study’. BASC has actually submitted 25 alleged incidents, but 6 of these can be immediately discounted because they allegedly took place before the study had begun and one of them didn’t even involve alleged disturbance or vandalism: “Snares being used with tag number belonging to another person”.
Of the 19 which apparently took place during the official study period, only 11 were reported to the police. Interesting then, that the article in Fife Today states ‘Police Scotland is reporting a rise in the number of traps being tampered with‘. On what evidence is Police Scotland making this claim?
If you look closely at the details of the 19 alleged incidents, you’ll notice that over one third of them took place on a single estate in Crieff. If those alleged incidents did actually take place, it suggests that there is a localised problem in that particular area; the claim of the problem being ‘widespread’ simply isn’t supported by these figures.
And what about Fife, home to Sir Robert Spencer-Nairn, who claimed in Fife Today that there had been ‘a spate of incidents’? According to the BASC data, there were only two reported incidents in Fife during this year-long study. Do two incidents (one of which didn’t even involve the release of ‘vicious’ crows from a trap) constitute ‘a spate of incidents’ or is this indicative of wildly exaggerated claims?
According to the FoI, BASC Scotland will be analysing the data and submitting a report to the Scottish Government. We look forward to reading it, especially to find out how the data were independently verified, how they assessed whether a trap/snare had been deliberately interfered with as opposed to accidentally damaged (e.g. see here) and how they justify the claim that trap interference is ‘widespread’.
The BBC news website is reporting that a red kite that had been illegally trapped last week has had to be euthanised due to the severity of its injuries.
The kite was found ‘in distress and seriously injured’ on Wednesday 13th May 2015.
The article (see here) is fairly low on details, but what has been written is actually quite informative.
It quotes a Police Scotland spokesman: “This was clearly an intentional act with the sole purpose of trapping this kind of bird of prey“.
That tells us that the bird probably wasn’t caught inside a crow cage trap (by accident), but more than likely was caught in an uncovered, illegally-set spring trap, baited and deliberately placed to trap a bird of prey by its leg(s).
The article also states that the bird was found trapped ‘on moorland west of Stirling’. This is also pretty revealing. There isn’t much moorland to the west of Stirling and the moorland that is there is managed for grouse shooting (for those who don’t know the area, have a look on google maps and look for the tell-tale muirburn strips that identify the land as a grouse moor).
This latest raptor persecution crime is not the first one reported from this area in recent months. In July 2014, a poisoned red kite was found in the area. This crime wasn’t publicised by Police Scotland and didn’t reach the public domain until we blogged about it in January this year, when we found the details hidden away in a government report. At that time, we asked blog readers to contact SNH to ask whether they had issued a General Licence restriction order for the land where the poisoned kite had been found (see here).
In February 2015, Andrew Bachell, Director of Operations at SNH responded by saying the case was ‘under consideration’ (see here).
Meanwhile, later in February, a poisoned peregrine was found on the same estate (see here). It, too, had been killed by ingesting the banned poison Carbofuran.
According to the SNH website, a General Licence restriction order has still not been issued for this estate (or any other estate, come to that).
And now, three months later, an illegally trapped red kite is discovered in what appears to be the very same area.
Somebody (or some people?) is clearly conducting a campaign of raptor persecution crimes in this area. Where’s the enforcement? Why hasn’t a General Licence restriction order been issued for this area of moorland? Had one been issued for the poisoned red kite (July 2014) or the poisoned peregrine (Feb 2015), this latest crime may not have occurred and this poor red kite may not have had to suffer such appalling injuries that it had to be euthanised.
We think it’s time to ask Environment Minister Dr Aileen McLeod some questions about the apparent lack of enforcement action in this area. Only last month she wrote an article stating that “wildlife crime will not be tolerated in modern day Scotland” and she specifically mentioned the General Licence restriction orders: “Arrangements are also in place for SNH to restrict the use of general licences where there is evidence of wildlife crime” (see here).
So, if “arrangements are also in place”, why hasn’t a General Licence restriction notice already been enforced in this particular area and when might we see notification that one has been issued? It’s time for the Government Minister responsible for tackling wildlife crime to show her mettle. Emails to: ministerforenvironment@scotland.gsi.gov.uk
Red kite photo by David Tomlinson
A trial date has been set in the case against gamekeeper Neil Wainwright, accused of the alleged mis-use of a trap last year.
Wainwright, 54, of Norbury, near Bishop’s Castle in Shropshire, has denied charges relating to the use of live quail inside a trap in Birch Hill Wood in Gatten, Stiperstones on 22 and 28 July 2014.
At a hearing in February he pleaded guilty to three other charges relating to the storage of firearms, ammunition and poison.
The trial will begin on 16th June 2015.
Previous blog on this case here.
Henry’s arrived in Yorkshire in his quest to find a mate. This should be interesting.
North Yorkshire (includes North York Moors National Park & Yorkshire Dales NP) is the worst county in England for recorded incidents of bird of prey persecution.
Between 2004-2013 there were 70 confirmed raptor persecution incidents. (2014 data not yet published).
These 70 incidents included:
In connection with these incidents six individuals, all gamekeepers, were prosecuted.
Hen harrier last bred successfully in North Yorkshire in 2007, despite huge areas of suitable habitat.
A Natural England study between 2002 and 2008 showed that of 11 HH breeding attempts recorded in North Yorkshire, only five sites reared any young and most of the sites that failed were believed to be due to human persecution.
#HaveYouSeenHenry
The Scottish Government has today released the annual poisoning and persecution maps relating to crimes against raptors in 2014.
The accompanying press release is a careful study in damage limitation. We can’t blame them – it must be a constant source of embarrassment for them that raptor persecution continues with virtual impunity so of course they’re going to put out a statement that showcases the positives (there aren’t that many) and plays down the negatives (there are many).
The basic premise of their press release is that reported raptor crimes (incidents) have dropped from 23 in 2013 to 19 in 2014. Sounds like progress, eh? But wait – what if you look at the actual number of persecuted raptors – that tells a completely different story!
Let’s ignore the different types of persecution crimes (e.g. shooting, trapping, disturbance) for a minute and just start with poisoning. Here are the Government’s official number of reported poisoning incidents for the last three years:
2014: 6
2013: 6
2012: 3
So on the face of it, no change from last year and still double the number of reported incidents in 2012. But now let’s look at the number of reported individual raptors that were poisoned over those three years:
2014: 27 (17 x red kite; 7 x buzzard; 1 x peregrine; 2 x unknown because Police Scotland hasn’t released the data)
2013: 6 (1 x red kite; 4 x buzzard; 1 x golden eagle – data from Scot Gov annual report on wildlife crime)
2012: 3 (2 x buzzard; 1 x golden eagle – data from Scot Gov annual report on wildlife crime)
That’s quite an increase, isn’t it? Three reported in 2012, 6 in 2013 and a whopping 27 reported in 2014. Does that sound like raptor poisoning in Scotland is in decline? Nope, it shows that the number of poisoned raptors actually quadrupled in 2014.
However, the Government doesn’t agree that 27 raptors were poisoned in 2014. According to their data, only 16 raptors were poisoned in the Ross-shire Massacre (12 red kites + 4 buzzards). They seem to have conveniently forgotten that 22 dead birds were found, not 16. Even Environment Minister Aileen McLeod ignores the ‘missing six’ and just refers to the poisoned 16 in today’s press release! Sure, there may only be toxicology reports for 16 of those victims – we don’t know the cause of death for the remaining six victims because Police Scotland hasn’t bothered to tell us. But surely they and the Scottish Government aren’t trying to convince us that the remaining six victims (four red kites + two buzzards) weren’t poisoned at all, but that they all just happened to die of natural causes at the same time and in the same fields as the other 16 poisoned birds? Come on. Why try and diminish the extent of such an appalling crime?
And, once again, the poisoning maps exclude other crimes where bait was discovered but with no apparent raptor victim. We know of at least one of these incidents that occurred in 2014 – a poisoned rook found in January close to a poisoned rabbit bait and a poisoned hare bait (Carbofuran & Chloralose) (here). Why doesn’t this count?
Now let’s have a look at the other types of raptor persecution crimes reported in 2014. These include shooting, trapping and disturbance. According to the Government’s data released today, there were 8 reported shootings, 2 reported trapping offences, 1 reported disturbance incident and 2 listed as ‘other’.
Interestingly, they’ve excluded incidents where satellite-tagged raptors have (un)mysteriously disappeared in known persecution hotspot areas, such as the young white-tailed eagle (see here) and several others that Police Scotland has so far chosen to keep under wraps.
They’ve also excluded incidents where illegally-set traps have been found but without an apparent raptor victim. Again, the police have chosen to keep these under wraps. Why don’t those count?
So let’s now look at the Government’s ‘official’ three-year figures for all types of raptor persecution incidents in Scotland (including poisoning, shooting, trapping, disturbance, and ‘other’):
2014: 19
2013: 23
2012: 13
As we said at the beginning, on a superficial level it appears that reported raptor persecution incidents have declined since 2013, although we now know that the Government has excluded several known incidents, and we also know that these are only the reported crimes – many more will have occurred but weren’t detected. But let’s have a look at the number of known raptor victims during that three-year period:
2014: 40
2013: 23
2012: 13
That’s pretty clear then. Illegal raptor persecution continued in 2014 and the number of (known) victims rose considerably from the previous year and the year before that.
What an utter disgrace.
Scottish Government press release here
Scottish Government’s persecution maps and background data can be downloaded here:
Scottish Gov background raptor persecution data (released 31 Mar 2015)
Meet Henry. Henry is a 6ft-tall Hen Harrier who’s very, very lonely. He’s struggling to find a mate because most of his potential girlfriends have been bumped off on grouse moors. Henry is flying around the British Isles in search of a significant other and you can follow his progress as he posts daily photographs from his travels. He’s being accompanied by several burly minders to protect him from those who’d like to shoot, trap or poison him.
Here he is last Sunday visiting a grouse moor in the Derbyshire Peak District National Park.
Where will he be tomorrow?
You can follow his progress via his Twitter account: @HenryHenHarrier
Regular updates will also appear on this blog, on Mark Avery’s blog (here) and the Birders Against Wildlife Crime website (here).
#HaveYouSeenHenry?
A reward of £1,000 has been offered to anyone with information about a buzzard which was found with horrific leg injuries.
The bird was found, alive, on 21st January 2015 on the Sledmere Estate in Yorkshire. One of its feet was missing, causing Humberside Police and the RSPB to suspect it was a victim of illegal trapping.
The leg damage was so severe the buzzard had to be euthanised.
Bob Elliot, RSPB’s Head of Investigations said: “Setting spring traps in the open is a criminal practice, which harms birds of prey in the most horrible way. These devices are the raptor equivalent of a land mine – deadly and indiscriminate. I would urge anyone with information about this incident to contact the police immediately“.
This bird was initially taken to Jean Thorpe’s Ryedale Rescue facility – we recently blogged about Jean’s work (here) and mentioned that she was fundraising to help support her efforts in this raptor persecution blackspot – you can still donate HERE.
RSPB press release here
ITV news article here
Raptor Persecution UK 