Posts Tagged ‘buzzard

27
Jan
20

Buzzard found shot in Northumberland

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

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

[Photos via Jane Hardy]

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

 

09
Jan
20

Decision due on General Licence restriction for Leadhills Estate

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

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

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

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

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

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

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

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

18
Dec
19

Gamekeepers caught with banned poisons should receive mandatory jail sentence

Yesterday the Scottish Rural Affairs & Environment Minister, Mairi Gougeon, gave evidence to the cross-party Environment, Climate Change & Land Reform (ECCLR) committee which is currently considering Stage 1 of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill.

We’ll come back to the wider evidence session in another blog because there were some interesting and important discussions but one point raised deserves an immediate reaction:

Possession of banned poisons.

Here’s the mini transcript:

ECCLR Committee Member Rachael Hamilton MSP: I will go back to the categorisation of wildlife offences and the different tiers of the penalty system. We heard evidence that perhaps possession of illegal pesticides should be categorised as a tier 1 offence, because they are currently illegal anyway. Do you have any comments on that point and do you have any plans to have an amnesty on illegal pesticides prior to the bill being passed? People should not possess illegal pesticides anyway, so using them in connection with animal crimes should attract the highest and severest category of penalty.

Environment Minister Mairi Gougeon: That has been the feeling behind that issue. As you said, possession of such pesticides is already illegal and there are offences in place to deal with that individual issue separately. Using such pesticides as part of another offence would attract the higher penalty. As they are already illegal and there are offences attached to them, using them in relation to any other offences could well attract severe penalties.

In relation to your amnesty point, I would be happy to consider looking at the matter.

Scottish Government Wildlife Management Team leader Leia Fitzgerald: Just to clarify, there was a previous amnesty, which was quite successful and resulted in a lot of pesticides being handed in. We could speak to stakeholders about whether that is something that could be done again. We would hope that we got all of what we needed after the last amnesty, but we can look at the matter.

Environment Minister Mairi Gougeon: I will happily get back to the committee and let you know how we get on with that.

ENDS

Is the Scottish Government seriously considering yet another amnesty for banned poisons, which would be the third amnesty in the 15 years since it became an offence to even possess these deadly toxins, let alone use them? (The Possession of Pesticides (Scotland) Order 2005).

The first amnesty took place in 2011 (see here), six years after the ban was first introduced. The second amnesty came four years later in 2015 (see here).

Since then poisoning crimes have certainly dropped in Scotland, probably thanks to the increase in satellite-tagged raptors, whose tags lead researchers to the poisoned corpses that would otherwise remain undetected, and also due to the introduction of vicarious liability legislation in 2012 which made it possible for landowners to be prosecuted for raptor persecution crimes committed by their gamekeeper employees. However, these poisoning crimes haven’t been totally eradicated and we’re still reading reports about illegally-poisoned birds (and some dogs) that have died after ingesting banned poisons in Scotland including some that were killed this year, and some even inside the Cairngorms National Park (e.g. see here, here, here, here, here, here, here, here, here, here, here, here).

[An illegally-poisoned buzzard found on the boundary of a sporting estate in Perthshire. Contributed photo]

How many more chances is the Scottish Government planning on giving to these criminals? How many more get-out-of-jail-free cards will be dished out?

Why can’t the Scottish Government, 15 years on, implement a zero tolerance policy on this vile and primitive crime that not only risks the lives of wildlife and domestic animals but puts humans at risk as well? In the most recent criminal case, a Scottish gamekeeper was found with two cartons containing the banned poison Carbofuran. He was carrying one of these containers in his bum bag – presumably he wasn’t just taking the container out for company every day – and yet 180 schoolchildren were put at risk when they attended the grouse shooting estate on an officially-sanctioned school trip. Can you believe that? The gamekeeper was convicted for possession (along with a litany of other wildlife offences) and received a community payback order. No fine, no jail sentence, no deterrent whatsoever. Compare and contrast to how illegal poisoners are dealt with in Spain (see here, here and here).

The criminals who persist with such reckless activity in Scotland deserve a mandatory custodial sentence – there can be no more excuses, no more discussion and certainly no more amnesties.

Enough.

12
Dec
19

SNH reinstates General Licence use on Leadhills Estate during appeal process

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

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

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

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

It lasted for just 14 days.

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

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

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

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

We’ll be monitoring this case very carefully.

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

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

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

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

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

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

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

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

02
Dec
19

Police warn public about potential buzzard poisoning in Tebworth

Bedfordshire Police issued the following statement yesterday:

This is good communication from the police. Although the alert doesn’t say when the buzzard was found it sounds as though it was a recent discovery and IF it does turn out to have been poisoned, the toxicology results may not be available for several weeks so this early police alert provides local dog walkers etc with due warning.

Good work, Bedfordshire Police.

02
Dec
19

SNH explains decision to impose General Licence restriction on Leadhills Estate

Further to last week’s news that Scottish Natural Heritage (SNH) has finally imposed a three-year General Licence restriction on the Leadhills Estate in South Lanarkshire (see here and here), there is now an explanation, of sorts, from SNH on the decision to issue the restriction notice.

It wasn’t just one alleged incident of illegal raptor persecution that triggered this sanction, but a series of them.

Well done to journalist Charlie Parker at The Times (Scotland) for getting the information.

According to Charlie’s article, SNH’s decision was based on “clear evidence” of the ‘illegal killing of a short-eared owl, two buzzards and three hen harriers’ that were ‘shot or caught in traps’ on Leadhills Estate since 1 January 2014 (when SNH was given the power to impose a General Licence restriction on estates or individuals in Scotland). SNH has also claimed that ‘wild birds’ nests have also been disturbed’, although there is no further detail on this.

An unnamed SNH spokesperson is quoted in the article as follows:

The police have investigated each of these cases and while it is very clear that offences have been committed, as is often the case with these types of crime it hasn’t been possible to gather the evidence to identify the person responsible.

There is also similar historic evidence of incidents on this property pre-dating the incidents, although SNH’s decision is based on incidents which occurred since January 1, 2014“.

Most of the incidents listed by SNH have been well publicised –

However, the alleged incident relating to a third hen harrier is less clear. SNH may be referring to the discovery in 2015 of a satellite-tagged hen harrier called Annie who had been shot, although her corpse was found on a neighbouring estate, not on Leadhills Estate. Or, perhaps there is another alleged incident relating to the shooting or trapping of a hen harrier on Leadhills Estate that has yet to be publicised? Time will tell.

There are two more quotes in The Times article that are worth a mention. First, one from Ian Thomson (Head of Investigations, RSPB Scotland) who said Leadhills Estate had a “long and appalling history” of confirmed raptor persecution incidents and,

While this sanction is positive news, it is becoming increasingly clear that the threat of such a penalty is no deterrent to those whose sole motivation is the maximising of grouse numbers. Until sporting estates face the potential removal of the right to shoot, we do not believe there is a sufficient deterrent to those who continue to slaughter our birds of prey.

Meanwhile, an unnamed spokesperson for Leadhills Estate is quoted as follows:

The decision to restrict the general licence does make clear it is not inferring any criminal activity on the part of the estate. The estate condemns all forms of wildlife crime and all employees and agents of the estate are in no doubt as to their responsibilities“.

It’s our understanding that the General Licence restriction ‘does not infer any responsibility for the commission of crimes on any individuals‘ This is the exact wording from SNH’s restriction notice (see here). This statement is not the same as the one being claimed by Leadhills Estate, which argues that the restriction ‘is not inferring any criminal activity on the part of the estate’.

This sounds like real twilight zone material. SNH is holding the estate to account by imposing a sanction for alleged wildlife crimes because there is insufficient evidence to attribute the activity to an individual estate employee and the estate is saying that SNH’s decision to impose the sanction doesn’t infer any responsibility on the estate. Er….

All clear?

More to come on the Leadhills Estate case soon…

 

29
Nov
19

General Licence restriction at Leadhills Estate: welcome to the Twilight Zone

Earlier this week it was announced that Scottish Natural Heritage (SNH) had finally imposed a three-year General Licence restriction on Leadhills Estate in South Lanarkshire ‘on the basis of evidence provided by Police Scotland of wildlife crime against birds’ (see here).

Before we proceed any further you should be aware that you are now entering the twilight zone, suspended somewhere between reality and fantasy.

[Leadhills Estate, photo by Ruth Tingay]

We’re in that bonkers scenario where despite Police Scotland providing “clear evidence that wildlife crimes have been committed on this property” (according to Nick Halfhide of SNH), the imposition of the General Licence restriction “does not infer responsibility for the commission of crimes on any individuals“. This leaves us on wafer-thin legal ice, not able to state what to us is the bleedin’ obvious for fear of a defamation claim, even though the original intention of Scottish Ministers was to use a General Licence restriction as a “reputational driver“.

General Licence restrictions have been available to SNH (although rarely used) since 1 January 2014, introduced by then Environment Minister Paul Wheelhouse in response to continuing difficulties securing criminal prosecutions for those people still killing birds of prey. Paul instructed SNH to withdraw the use of General Licences (available for legal predator control) on land where crimes against raptors are believed to have taken place but where there was insufficient evidence to instigate criminal proceedings. The decision to withdraw the licence is based on a civil standard of proof which relates to the balance of probability as opposed to the higher standard of proof required for a criminal conviction.

A General Licence restriction is not without its limitations, and has even been described as farcical, particularly as estates can simply apply for an individual licence instead which allows them to continue predator control activities but under slightly closer scrutiny.

The Leadhills Estate and the surrounding area has been at the centre of wildlife crime investigations for decades. According to RSPB Scotland there have been over 60 confirmed raptor persecution incidents uncovered here, but only two successful prosecutions: a gamekeeper convicted for shooting a short-eared owl in 2004 and a gamekeeper convicted for laying poisoned baits out on the moor in 2009.

There have been a number of reported wildlife crimes here in recent years but because SNH isn’t keen on transparency, we don’t know which ones triggered the decision to impose the General Licence restriction. Was it the alleged witnessed shooting of a hen harrier in May 2017; the alleged witnessed shooting of a short-eared owl just a few weeks later and whose body was recovered; the discovery of a buzzard in 2018 that was found to have been shot twice; the filmed buzzard that according to the RSPB was likely killed in a crow trap in January 2019, or was it the discovery of a male hen harrier in May 2019 whose leg was almost severed by an illegally-set trap next to its nest?

We do know, from SNH’s press statement, that SNH believes “there is clear evidence that wildlife crimes have been committed on this property……” which sounds like multiple incidents have informed SNH’s decision to impose the restriction:

And because this is the twilight zone we also need to draw to your attention the Estate’s outright denials of any involvement in any of these alleged crimes – we particularly liked this one, in response to the illegally-trapped hen harrier earlier this year. Bless those little gamekeepers, finding it “very difficult” to cope with repeated crimes carried out by ‘unknown third parties’.

It’s probably just kids in stolen vehicles, right? Riding around the estate in 4 x 4s or on quad bikes, firing shotguns at protected wildlife. Let’s face it, who else would have vehicular access, firearms and a motive for wanting to kill birds of prey? Nope, nobody that we can think of.

Here is a copy of SNH’s restriction notice for Leadhills Estate, for the record:

We’ve got a lot more to say about this particular General Licence restriction but we’ll have to come back to it, hopefully within a few days. There are all sorts of interesting aspects to explore……

UPDATE 2 December 2019: SNH explains decision to impose General Licence restriction on Leadhills Estate (here)




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