Police believe Golden eagle ‘Merrick’ was ‘shot & killed’ in south Scotland

Cast your mind back to November 2023 when Police Scotland issued an appeal for information about the suspicious disappearance of a satellite-tagged golden eagle in the Scottish Borders in October 2023, which Police said at the time they believed “has come to harm” (see here).

We later learned that this young golden eagle, called ‘Merrick’, was part of the South Scotland Golden Eagle Project, a lottery-funded conservation initiative which is translocating young golden eagles from various sites across Scotland to boost the tiny remnants of the golden eagle breeding population in south Scotland (see here).

Camera trap photo of golden eagle Merrick, from South Scotland Golden Eagle Project

Recent research has demonstrated the need for these translocations as golden eagles from further north in Scotland rarely visit south Scotland of their own accord (see here) so without translocations the golden eagle population in south Scotland was at serious risk of extirpation, especially with the ongoing persecution of these local eagles (e.g. see here), despite the desperate denial of the Scottish Gamekeepers Association (see here).

Today there has been a further update about the police investigation into the disappearance of golden eagle Merrick, with a press release issued by the South Scotland Golden Eagle Project. It is revealed that Police Scotland believe Merrick was “shot and killed” whilst sleeping in a tree before “someone then removed her body and destroyed her satellite tag“.

I’m going to reproduce the press release below, but then I’m going to discuss what wasn’t said in the press release because I always find the omissions more interesting.

Bear in mind when you read this press release that it was constructed by all the project partners involved in the South Scotland Golden Eagle Project, including those from the grouse-shooting lobby, who, unsurprisingly, appear to have used it as a vehicle to pump out some gratuitous pro-grouse shooting material.

I’m told by other project partners that this press release has been argued over for months, presumably because some partners wanted to do a damage-limitation job on it. Kudos to the Project team though for at least getting something out and providing a good deal of transparency about the circumstances of this eagle’s disappearance.

Here’s the press release – all photos supplied by South Scotland Golden Eagle Project. My comments will follow underneath:

PERSECUTION SUSPECTED IN DISAPPEARANCE OF GOLDEN EAGLE MERRICK

Following an investigation by Police Scotland, representatives for a groundbreaking conservation initiative, which attributes its success to overwhelming support from the public, raptor workers and land managers, have today (Wednesday 1 May 2024) confirmed that they are confident Merrick the golden eagle’s disappearance is due to persecution.

Merrick (F43), a female golden eagle that the project team translocated to southern Scotland in 2022, was reported missing in autumn 2023. With permission from Police Scotland, further information about the circumstances of Merrick’s disappearance and the evidence left behind can now be revealed.

Sharing further details, Project Manager, Dr Cat Barlow said: “We can confirm that Police Scotland has found clear evidence that a wildlife crime has been committed. They are confident Merrick’s disappearance was due to persecution.

“The South of Scotland Golden Eagle Project is incredibly angry, upset and disappointed that her disappearance appears to have been at the hands of an individual or individuals who consider themselves above the law.

“The Project’s translocated eagles have captured the hearts and minds of all our supporters, from conservationists, and raptor workers to landowners and the wider community, including children, visitors and business operators, who all share in our utter shock and disappointment.

“However, this incident, and the staunch support we have had, makes us utterly determined to fight the persecution of golden eagles and continue our successful translocation work to reinstate a resilient population of golden eagles across southern Scotland.”

Chair of the South of Scotland Golden Eagle Project, Dumfriesshire farmer Michael Clarke added: “Whoever committed this deplorable wildlife crime should hang their heads in shame. Golden eagles are back to stay in the South of Scotland, and we very much hope they continue to spread from here to all parts of the UK.

“We thank everyone for their support at this tough time. We are grateful to Police Scotland for their support and using all the resources at their disposal to establish the full circumstances. We remain more determined than ever to establish a sustainable population of golden eagles in the South of Scotland.”

Merrick (F43) originated from Rottal Estate near Kirriemuir in the Angus Glens, a traditional sporting estate, which is accredited by Wildlife Estates Scotland (WES) for its commitment to protecting and restoring wildlife and biodiversity. Speaking about her disappearance, estate owner and Chair of Scottish Land & Estates (SLE) Dee Ward said: “We utterly condemn raptor persecution in the strongest possible terms and it is right and proper that anyone who commits such an act is prosecuted and convicted.

“Merrick is an eagle our own family estate donated to the project and we’re incredibly proud of the part we and many other estates, land managers and gamekeepers have played in the success of the South of Scotland Golden Eagle Project. Indeed, the project has otherwise been an incredible success built on respect and co-operation between keepers, farmers, foresters and raptor conservationists.

“This incident makes us all the more passionate about continuing that support and we will do all we can to prevent, detect and condemn anyone who thinks this kind of abhorrent behaviour is acceptable.”

Merrick was the fifth eagle collected in the summer of 2022, the last to leave the aviaries, and the heaviest eagle translocated that summer, at 5.2 kg. She was named after the highest peak in the Southern Uplands, by the South of Scotland Golden Eagle Project’s host charity, the Southern Uplands Partnership (SUP).

The project team has followed Merrick’s journey since her release using round-the-clock surveillance techniques, alongside reports of sightings from the Moorland Association and shooting estates across the country. She was thriving before her disappearance and exploring widely across the south of Scotland and Northern England. She was even photographed on a trip to Weardale and filmed in Nidderdale Area of Outstanding Natural Beauty.

Each of the project’s eagles are fitted with a state-of-the-art satellite tag which transmits regular, reliable and accurate information about the birds’ wellbeing and movements. Until her disappearance, Merrick’s tag had been transmitting normally. During the eight days before her disappearance, she was exploring the Moorfoot Hills. Then on 12 October, her tag suddenly stopped transmitting, indicating “no malfunction”, which strongly suggested human interference.

On a visit to check on a juvenile eagle in the area, Eagle Officer, John Wright, inspected the relatively bare branches of a Sitka Spruce, Merrick’s last known roosting spot. He very quickly noticed a small golden lanceolate shaped head feather, two small wing coverts and some white under-down laying on the moss directly below the tree. Recalling his visit to the site, John said: “I saw a film of blood stretched across the grass stems. It subsequently turned out that a considerable amount of blood was present in and below the moss layer. As I stood back from the feather and blood location, I could see small downy feathers scattered in the dense spruce foliage below the roosting branches.

Merrick had been roosting (sleeping perched) in a tree when her tag stopped transmitting. Golden eagles, as apex predator, have very few natural predators and so fears that Merrick had been fatally injured whilst roosting were quickly dismissed. Police Scotland have told us that they are confident humans were involved in the demise of this eagle.

The Project team contacted Police Scotland, who promptly reached the site before weather destroyed any evidence to investigate the incident. This allowed them to confidently eliminate most other potential causes of death or disappearance. The nature and pattern of feathers and blood, and all other evidence, indicated to the Police that Merrick was shot and killed.

Dr Cat Barlow said: “Looking at the evidence, Police Scotland believe she was shot then fell to the ground, where she bled considerably through a single wound. Police Scotland believe that someone then removed her body and destroyed her satellite tag.”

In November, Police Scotland issued a statement stating that they believed she had “come to harm” and were treating her disappearance as “suspicious.”

Detective Sergeant David Lynn, Police Scotland Wildlife Crime Coordinator, said: “Since the report was made, officers have been working with a range of partner agencies to establish more details and gather further information to establish the circumstances. 

“The bird was last seen in the area to the west of Fountainhall, between Heriot and Stow on Thursday, 12 October. A full search of this area was carried out and officers believe the bird has come to harm and are treating its disappearance as suspicious.

“We are determined to protect these magnificent birds. We work closely with a number of partners to tackle wildlife crime, which can be challenging and complex to investigate. I urge anyone with any information to contact us through 101 quoting reference number 1193 of 18 October. Alternatively, please contact Crimestoppers though 0800 555 111, where anonymity can be maintained.”

The South of Scotland Golden Eagle Project partners the Southern Uplands Partnership, RSPB Scotland, Scottish Land & Estates, Scottish Forestry, GWCT and NatureScot all share in the bitter disappointment of today’s news.

Since the first chicks were released in 2018, the project has had significant success, quadrupling the local population of golden eagles to the highest number seen in the area for centuries. Survival rates of the translocated birds are 90%, which is incredibly high.

The translocated golden eagles regularly and safely visit upland areas, which are managed for shooting and are a natural habitat for the golden eagle. The project has had excellent support from shooting estates in the area, who have worked with the team in many ways to ensure golden eagles thrive in southern skies – from the provision of chicks to supporting the development of artificial eyries in a safe place on their land.

Anyone who has any information is asked to contact Police Scotland on 101. For more information visit: www.goldeneaglessouthofscotland.co.uk

ENDS

That last image is what I want to focus on. It shows the location of Merrick’s last known roost spot and where her blood and feathers were found.

According to Andy Wightman’s fantastic Who Owns Scotland website (if you don’t already subscribe I recommend you do), this location is several metres from the boundary of Raeshaw Estate in the Moorfoot Hills.

RPUK map showing the boundary of Raeshaw Estate, derived from data on the Who Owns Scotland website
Screen grab from Who Owns Scotland website, annotated by RPUK, showing the proximity of Merrick’s last known location and the Raeshaw Estate (shaded in blue)

It struck me as odd that in the press release, although there are frequent references to how great ‘traditional sporting estates’ are for golden eagle conservation (and in the case of Rottal Estate where Merrick hatched, justifiably so), nobody seemed to want to mention the proximity of Merrick’s last known location and the discovery of her feathers and blood to the ‘traditional sporting estate’ known as Raeshaw. Why is that?

It would seem quite a significant piece of information to me, given that government-funded scientific research has identified a link between the proximity of some driven grouse moors and golden eagle persecution in Scotland. Not all driven grouse moors, but some.

Regular blog readers will recognise the name of Raeshaw Estate. I’ve blogged about it many times before as this was one of the first estates to be hit with a General Licence restriction back in 2015 based on ‘evidence provided by Police Scotland of wildlife crime against birds‘ although there was insufficient evidence to link the crimes to a named individual (see here), hence the GL restriction as opposed to a prosecution.

Raeshaw took NatureScot to court to challenge the decision under judicial review but lost the case after the court considered NatureScot’s decision to be lawful (here).

During the time Raeshaw was serving a General Licence restriction, employees applied for an individual licence to permit the continued (lawful) killing of so-called ‘pest’ 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 later revoked after NatureScot found ‘multiple instances of breaches of conditions of an individual licence that had been granted to cover essential management activities‘ (see here).

NatureScot also said, ‘These breaches may also constitute offences under the Wildlife and Countryside Act, so SNH has reported the details to Police Scotland‘. I’m not aware of any subsequent prosecution in relation to those alleged offences.

It’s worth pointing out here that as far as I’m aware, nobody from the Raeshaw Estate has ever been prosecuted for any of the alleged wildlife crimes reported from this area.

It’s also worth pointing out that, just because Merrick’s last known location and the discovery of her blood and feathers was just several metres from Raeshaw Estate’s boundary, that doesn’t mean we can automatically assume that anyone associated with Raeshaw Estate was involved. There’s no direct evidence to demonstrate a link. Indeed, I heard on the grapevine that Police Scotland was refused permission to obtain a search warrant because the Crown Office didn’t consider there was sufficient evidence to justify it.

According to Andy Wightman’s research, Raeshaw Estate is owned by an overseas entity called Raeshaw Holdings Ltd, which according to Companies House is registered in the tax haven of Jersey (here). Last year it was reported that the beneficial owner of Raeshaw was billionaire Tory donor Louis Moore Bacon.

The sporting elements of the estate are managed by one of ‘grouse moor guru’ Mark Osborne’s companies, a sporting agency called ‘JM Osborne Rural and Sporting‘. Members of the grouse shooting industry, who you’ll recall routinely profess to have a zero tolerance policy towards raptor persecution, even in the press release above, clearly do not consider there to be any link with the apparent shooting and killing of Merrick and anyone employed on Raeshaw Estate. If they did, various gamekeeping organisations such as the Scottish Gamekeepers Association, National Gamekeepers Organisation, Southern Uplands Moorland Group and the Angus Glens Moorland Group wouldn’t this week be promoting on social media the latest gamekeeper vacancy on what is described as the ‘prestigious’ and ‘cracking’ Raeshaw Estate:

Screen grab from the Scottish Gamekeepers Association’s Facebook page, 30 April 2024
Screen grab from the National Gamekeepers Organisation’s Facebook page, 29 April 2024
Screen grab from the Facebook pages of gamekeeping organisations the Angus Glens Moorland Group & Southern Uplands Moorland Group, 29 April 2024

And grouse moor lobby group Scottish Land & Estates certainly wouldn’t be providing regular, full page advertising space in its quarterly LandBusiness magazine to any of Mr Osborne’s companies (JM Osborne Rural & Sporting and his gun-making company William Powell) if it considered there was any link:

Screen grab from SLE’s LandBusiness Magazine, Autumn 2022
Screen grab from SLE’s LandBusiness Magazine, Spring 2024

And pro-game shooting charity Game and Wildlife Conservation Trust (GWCT) certainly wouldn’t be accepting generous raffle prizes worth a value of tens of thousands of pounds from any company even suspected of having a link to raptor persecution – see here and:

Screen grab from GWCT website

And surely neither would the British Association for Shooting & Conservation (BASC) be accepting generous raffle prizes worth £13,000:

Screen grab from BASC website

To summarise then:

  • Golden eagle Merrick, like so many satellite-tagged golden eagles before her, ‘disappeared’ in suspicious circumstances in October 2023.
  • Some of her feathers were found next to pools of her blood at her last known roost site.
  • Police Scotland believe she was ‘shot and killed’.
  • Although this incident took place in close proximity to the boundary of Raeshaw Estate, there is no suggestion whatsoever that anyone there was involved.
  • Police Scotland found no evidence to allow them to arrest and charge anyone in connection with Merrick’s disappearance or death.

Fascinating new study reveals movements of young satellite-tagged golden eagles in Scotland

A fascinating new study has been published today in the peer-reviewed scientific journal Diversity, providing an in-depth analysis of the movements of young satellite-tagged golden eagles in Scotland and an examination of the physical barriers (water and unsuitable terrestrial habitat) that may restrict movement between different regions of Scotland.

Here’s the citation: Fielding, A.H. Anderson, D., Barlow, C., Benn, S., Reid, R., Tingay, R., Weston, E.D. and Whitfield, D.P. (2024). Golden Eagle Populations, Movements & Landscape Barriers. Diversity, 16(4), 195.

It is the latest in a long line of scientific papers produced by the Golden Eagle Satellite Tag Group (GESTG), a formal collaboration of scientists and researchers from several organisations that are involved with golden eagle research in Scotland who share tag data & other information for the purpose of furthering golden eagle research and conservation. I’ll try and blog about the other papers soon.

Golden eagle adult & nestling. Photo by Chris Packham

Using over 7 million dispersal records from satellite tags fitted to 152 golden eagle nestlings between 2007-2022, this research found that there were no movements by young golden eagles tagged in the Highlands to the southern uplands.

Similarly, there were no movements from eagles tagged in south Scotland to the Highlands, with the exception of one young eagle in 2015 which flew north to the Highlands in 2016 but was later probably illegally killed in the notorious Eastern Highlands in May 2016.

Fig.3 from the paper showing golden eagle flight lines during natal dispersal across Scotland & Northern England. Map copyright Fielding et al. 2024

These results provide justification for the bolstering of the vulnerable south Scotland golden eagle population by translocating chicks and juveniles from further north. Natural recolonisation by golden eagles from the Highlands is quite clearly unlikely.

The study also demonstrates the reluctance of golden eagles to undertake large sea crossings, as evidenced by the already-known genetic isolation of the golden eagle sub-population in the Outer Hebrides. No satellite-tracked eagles tagged as nestlings moved between the Outer Hebrides and the Inner Hebrides or mainland Highlands, in either direction. Three tagged eagles from the Outer Hebrides made several possible but apparently aborted attempts to fly towards the mainland Highlands.

Flights across smaller water bodies were less problematic with frequent movement of golden eagles between the Inner Hebrides and the Highland mainland. However, eagle flights between Lewis/Harris and the Uists in the Outer Hebrides were surprisingly rare.

The paper concludes that the Scottish golden eagle population appears to be composed of three relatively isolated sub-populations. The largest is in the Inner Hebrides and in the mainland (Highlands) north of the Highland Boundary Fault; the second is the large Outer Hebridean sub-population; and the third, and much smaller and more vulnerable, is the southern Scotland sub-population. The authors suggest that recolonisation of golden eagles in northern England is likely to occur from terrestrial flights from south Scotland as opposed to flights over water into NW England.

This study, along with all the others the GESTG has produced, highlights the importance of satellite-tagging golden eagles in Scotland and puts to bed the ridiculous claims made by the grouse shooting industry that ‘tag data serve no purpose other than to try and entrap gamekeepers‘ and there’s no need to satellite tag golden eagles because ‘we know all we need to know‘.

Of course we don’t know all there is to know about golden eagles in Scotland – indeed the research undertaken by the GESTG is revealing just how little we previously understood and how much more there is to learn. What is more certain is understanding why the grouse shooting industry is so against any form of raptor tracking (see here, here, here, here and here). Indeed, it was the result of satellite-tracking golden eagles and uncovering patterns of widespread illegal persecution on some driven grouse moors that played a significant part in the Scottish Parliament’s decision last week to introduce a grouse moor licensing scheme to tackle ongoing illegal persecution.

Thanks to generous funding from Natural Research, the paper is available free of charge and can be read/downloaded here:

Wildlife Management Bill – stage 2: further restrictions on grouse moor management agreed

The Scottish Parliament’s Rural Affairs & Islands Committee met again on Wednesday 21st February to undertake its second day of consideration of the Stage 2 amendments of the Wildlife Management (grouse moor reform) Bill.

For new readers, this is proposed new legislation to regulate grouse shooting and its associated management practices by way of licensing schemes, introduced because of the continued illegal persecution of birds of prey on many Scottish grouse moors.

A report on what happened during the first day of consideration that took place two weeks ago can be found here.

Newly appointed Agriculture Minister Jim Fairlie MSP was in the hot seat. Screengrab from Scottish Parliament TV, 21 Feb 2024

Two separate sessions were required on Wednesday (one in the morning and one in the evening) to get through all the amendments, bringing Stage 2 of this Bill to a close.

Newly-appointed Agriculture Minister Jim Fairlie MSP led the Government’s response, taking over from Gillian Martin MSP whose Ministerial responsibilities have been moved elsewhere after the recent mini-reshuffle.

There were two other new faces on the Committee – Emma Harper MSP (SNP) who replaces former Committee member Jim Fairlie, and Elena Whitham MSP (SNP) who replaces former Committee member Karen Adam MSP who left after taking on commitments on a different Committee.

Other MSPs in attendance were Edward Mountain MSP (Conservative), Jamie Halco Johnstone MSP (Conservative, representing Stephen Kerr MSP) and Colin Smyth MSP (Labour), none of whom were eligible to vote on the Stage 2 amendments but who were present to speak to amendments they had lodged.

Wednesday’s two sessions were straight forward and once again there weren’t any big surprises with Committee members mostly voting along party lines, which meant that the numerous wrecking amendments put forward by the Conservatives, designed to weaken the Bill, were not supported by the majority. It also meant that various amendments put forward by Colin Smyth MSP (Labour), designed to strengthen the Bill, were also unsupported by the majority. Overall, the Bill passed Stage 2 pretty much in the format that the Government had introduced it, which is what had been anticipated.

I won’t go through the amendments one by one because there were too many. For those interested in proceedings the archive video of the two meetings are linked below, as is the meeting transcript.

The big ‘wins’ from our perspective were as follows:

There was majority support for Ministers to be given the power to add additional gamebird species to the licence if there is evidence that wildlife crime, such as raptor persecution, is taking place to facilitate the management of gamebirds such as pheasants and red-legged partridge. Ministers will have the authority to take evidence, consult and then vote on adding those species to the licence at a later date, if deemed appropriate.

This is a very important amendment especially given the recent trend in the release of red-legged partridge on grouse moors where shooting red grouse is no longer a viable commercial activity. Red-legged partridge and/or pheasants may be used by some grouse shooting estates as an alternative quarry if their licence for shooting red grouse has been revoked so having the power to include these additional species on the licence will close the loophole that some grouse moor managers may have sought to exploit in order to continue killing raptors without consequence. Amendments seeking to exclude this provision were lodged by Conservatives Edward Mountain and Rachael Hamilton but they were not supported.

Red-legged partridge pens placed on a moor in south Scotland

There was support for an amendment that provides a requirement for the use of medicated grit to be included in the Code of Practice being developed to support the new legislation. This is a timely amendment given the research published last week by the League Against Cruel Sports and Wild Justice that demonstrated widespread bad practice and the complete lack of monitoring of medicated grit use (see here).

REVIVE, the coalition for grouse moor reform has just released a campaign video to highlight those findings:

The details of what requirements will be made in the Code of Practice in relation to the use of medicated grit are still to be determined but the Government’s support for medicated grit use to be included is very good news indeed, especially when some grouse shooting organisations have been arguing against its inclusion.

The Minister discussed his intention to introduce a requirement in the Bill to undertake monitoring and reporting of raptor populations – specifically golden eagle, hen harrier and peregrine, species identified in the Werritty Review as being significantly impacted by raptor persecution crimes on grouse moors.

This monitoring would provide a key measure of success (or failure) of the Bill to tackle raptor persecution, which is one of its primary objectives, and whether the new legislation has been effective in this respect. The Minister said he would return to this issue at Stage 3 after discussions with NatureScot and the Scottish Raptor Study Group about the resources required to undertake monitoring and reporting. Rachael Hamilton lodged an amendment that called for a limit on the reporting of some raptor persecution incidents – she wanted to only include crimes that had been proven by conviction. In other words, to exclude incidents described as ‘suspicious’ such as those relating to the suspicious disappearance of satellite-tagged raptors on grouse moors. Her amendment was not supported.

One of the most significant ‘wins’ came from the majority vote to support the introduction of additional powers for the Scottish SPCA to allow them to investigate offences under the Wildlife & Countryside Act – an extension of their current powers to investigate offences under the Animal Health & Welfare Act. As regular blog readers will know, this issue has been kicked down the road repeatedly by the Scottish Government over a 13-year period (see here for timeline) so getting support after so long is particularly satisfying.

Of course there were the usual inaccurate and non-sensical objections from the Conservatives, with Edward Mountain claiming this “would give powers to people who have never had such powers before” and “It should be the police, not other people, who implement the law” and “It would give powers to third parties who I do not believe are qualified or have the legal training to exercise such powers“.

These continued claims about the SSPCA’s supposed inexperience and inability to investigate wildlife crime are laughable, given that they’re already an official specialist reporting agency to the Crown Office so know all about due process, they already work in partnership with Police Scotland and other agencies in raptor persecution investigations, and through their skill, experience and expertise routinely bring some of the most sadistic wildlife-abusers to justice, including badger baiters such as the recent case against a depraved gamekeeper employed on the Millden Estate in the Angus Glens (here). Edward Mountain should be thanking the Scottish SPCA for its tireless and often challenging work, and its willingness to undertake even more of it under this new legislation at no cost to the tax payer. Seriously, who would want to oppose the addition of more expert professionals to bring the wildlife criminals to justice?

Another big win came via Kate Forbes’s amendment to see the closing of the muirburn season brought forward to 31st March. Currently, gamekeepers can burn heather up until 15th April, and in some cases even to the 30th April where landowner discretion allows. This late season burning overlaps with the breeding season of various moorland bird species, and when that breeding season is predicted to get earlier in response to climate change it’s obviously idiotic to allow burning to continue during that period, just on the precautionary principle alone.

Grouse moor muirburn. Photo: Ruth Tingay

The 31st March was seen as a compromise as Conservatives Edward Mountain and Rachael Hamilton wanted burning to be permitted until 30th April whereas Green MSP Ariane Burgess suggested 15th March. There will be powers in the Bill to allow Ministers to review the 31st March cut off date to take account of future research findings.

Given that the majority of muirburn in Scotland currently takes place in April, the grouse shooting industry will not be at all happy with this new restriction. They’ve lobbied hard against it, including taking the newly-appointed Minister Jim Fairlie out to visit a muirburn site at the beginning of the week, but their lobbying influence is clearly not as powerful as they like to suggest it is.

They do have some influence, of course. Bizarrely, Kate Forbes found support amongst the Committee for another, related amendment, which will allow the beginning of the muirburn season to start two weeks earlier (i.e. 15th September as opposed to the current start date of 1st October). There is no justification for this other than to appease the grouse shooters by not shortening the overall muirburn season. In a climate emergency, this is bonkers. It suggests that the Scottish Government thinks that burning the moors to facilitate excessively large numbers of red grouse for a few selfish people to shoot for fun is more important than the global climate crisis. Actually it does more than suggest it – the Scottish Government was clear in its argument against Colin Smyth’s amendment (#143) that it thinks muirburn is acceptable for the sole purpose of maintaining & increasing red grouse so they can be shot for ‘sport’.

Although how much muirburn will actually take place in September remains to be seen – the heather will still be green-ish so won’t burn well and grouse shooting will be well underway so gamekeepers may have limited time to run around lighting fires. Let’s see.

A ‘sort-of’ win came with the acceptance of a change to the definition of ‘peatland’ as being ‘land where the soil has a layer of peat with a thickness of more than 40 centimetres’ (where “peat” means soil which has an organic content of more than 60%). The current definition of peatland in the Muirburn Code is peat with at least 50 centimetres depth, so dropping this down to 40cm is obviously good news as it means a larger area of peatland will now be protected (landowners will not be issued a licence to undertake muirburn for the purpose of grouse moor management where the peat depth is 40cm or greater). Edward Mountain’s amendment to increase the definition of peatland to 60cm peat depth, and Rachael Hamilton’s amendment for it to remain at 50cm, were unsupported. The Bill will also include a provision for Ministers to keep the definition of peatland under review as further research emerges.

The new peatland definition of 40cm peat depth will probably have a significant impact on the management practices of many grouse moors, particularly in Eastern Scotland where new research has shown a widespread disregard by grouse moor managers for the Muirburn Code restriction of burning on peatland with a 50cm depth (see here). The difference going forward will be that if they disregard the new 40cm depth restriction it will lead to the revocation of their muirburn licence. Having a serious consequence like that should encourage behavioural compliance (again, let’s see!).

I’ve described this one as a ‘sort-of’ win because although the change in definition is welcome (and long overdue), it could have gone so much further. The new definition of peatland could have been lowered to 30cm depth in line with the UK Peatland Strategy‘s definition (also followed by many countries internationally). Or, the definition of peatland could have removed the artificial construct of any peat depth altogether, as eloquently argued by Green MSP Ariane Burgess. There’s a very strong argument against using peat depth as a valid definition of peatland, to properly protect all peatland, including critically important shallow peatland, as explained recently in an excellent guest blog (here). However, the Minister didn’t support this approach.

Other amendments that passed during Wednesday’s sessions included a decision that falconers will not need to apply for a licence to hunt red grouse – that seems reasonable given the low number of people engaged in this sport and the lack of associated raptor persecution offences linked to it.

There was also a decision that grouse moor licences should be issued for a five-year period instead of the one-year period originally suggested in the Bill. The grouse shooting industry wanted a ten-year licence but five years was seen as more suitable to provide oversight and review capability by the regulating authority. In essence, the length of the licensing period is pretty inconsequential to us because the most important aspect is that the regulator (NatureScot) will still have the capacity to suspend or revoke a grouse moor management licence at any time during that five period if offences occur.

So, Stage 2 of the Bill is now complete and it moves on to the final Stage 3. This is when further amendments can be lodged and some will be selected (by the Presiding Officer) for a debate by the whole Parliament in the main chamber. Until Stage 3 is complete we won’t know for sure how strong this Bill is but it’s reasonable to think that there won’t be any catastrophic changes given the dominant voting power of the SNP and Greens. A date hasn’t yet been set for the Stage 3 debate but it is anticipated that it’ll take place in March.

After that, the development of the various Codes of Practice designed to support the new legislation will pick up speed and the details of those will take on great significance. A watchful eye will be kept on these to ensure that they are robust and fit for purpose.

Here is a copy of the Bill as amended after Stage 2:

For those who want to watch the archive videos of Wednesday’s two sessions you can find the links here (morning session) and here (evening session).

The transcript from both sessions can be read/downloaded here (starts at page 49):

Stage 2 of Wildlife Management & Muirburn (Scotland) Bill deferred for two weeks

The Scottish Government’s Wildlife Management & Muirburn (Scotland) Bill is making its way through the parliamentary process. For new readers, this is proposed new legislation to regulate grouse shooting and its associated management practices by way of licensing schemes, introduced because of the continued illegal persecution of birds of prey on many Scottish grouse moors.

Poisoned golden eagle next to a poisoned bait found on a grouse moor in Cairngorms National Park. Photo by RSPB Scotland

The Rural Affairs and Islands Committee was due to scrutinise and vote on the Stage 2 amendments tomorrow but a notice has just gone around that this has now been delayed until Wednesday 7 February 2024 (no reason for the delay was provided).

This also means that more amendments are now allowed to be lodged, up until 12 noon on Thursday 1st February 2024.

So far, the lodged amendments are predictable with no real surprises (e.g. see here for commentary on some earlier ones).

Let’s see what else gets lodged between now and 1st February and I’ll try and provide an overview shortly afterwards.

UPDATE 22.15hrs: Political shenanigans with Stage 2 of Wildlife Management Bill – back on tomorrow? (here)

Trial continues in Scotland for falconer charged with welfare offences relating to 90 eagles

The trial of prominent falconer and eagle breeder Andrew Knowles-Brown from Elvanfoot, Scotland continued at Lanark Sheriff Court last week where leading international avian vet Neil Forbes DipECZM(Avian), FRCVS was called as an expert witness for the prosecution.

This is the second trial Knowles-Brown has faced – in February 2023 he was cleared of all charges at Lanark Sheriff Court in relation to the alleged mistreatment of ten imported White-bellied sea eagles at the Scottish Eagle Centre (see here).

The current trial is separate to the first one and is concerned with alleged welfare offences relating to 90 eagles kept at Knowles-Brown’s breeding facility in Scotland. Knowles-Brown has denied all the charges.

Golden eagle photo by Pete Walkden

Knowles-Brown is a prominent figure in the falconry world, having served as the Chair of the Scottish Hawk Board and Vice-Chair of the UK Hawk Board. The Hawk Board, which includes a representative from the Countryside Alliance, represents falconers, hawk-keepers and falconry clubs and provides welfare guidelines for those keeping raptors in captivity. It also engages in political lobbying (e.g. it was against the Scottish Government’s decision to afford the Mountain Hare full legal protection) and Knowles-Brown himself has provided evidence to the Scottish Parliament’s Rural Affairs Committee when it was considering its draft Protection of Wild Mammals (Scotland) Bill.

This second trial began last summer (see here) and looks set to continue for some time. The next expert witness for the prosecution is due in court on 27 February 2024.

Please note: as the case is still live, comments won’t be accepted on this blog until proceedings have concluded. Thanks for your understanding.

Yorkshire Dales National Park Authority CEO “hugely embarrassed” by ongoing killing of birds of prey

Press release from Yorkshire Dales National Park Authority (1st December 2023)

Reaction to the RSPB Birdcrime Report

The RSPB recently published its latest ‘Birdcrime’ report.

David Butterworth, Chief Executive Officer of the Yorkshire Dales National Park Authority, said: “It is yet again hugely embarrassing that this part of the country has been shamed as being the worst for proven and suspected bird of prey persecution in the UK.

An end to the illegal killing of birds cannot come soon enough. Some of the instances of criminality this year beggar belief. The stamping to death of 4 young Harrier chicks and one Harrier having its head pulled from its body while still alive. Truly shocking levels of depravity.

Hen harrier ‘Free’, found on moorland in the Yorkshire Dales National Park and whose post mortem revealed that the cause of death was the head being twisted and pulled off while the body was held tightly. His leg had also been ripped off whilst he was alive. Photo by Natural England via RSPB’s 2022 Birdcrime report.

It’s all the more galling because there are signs of positive change. Some local land managers are doing great work to conserve birds of prey in the National Park.

We are currently preparing a new evidence report on bird of prey populations in the National Park on behalf of the Yorkshire Dales Bird of Prey Partnership. We hope this report will be published in the coming weeks. Sadly all of this will count for little whilst the persecution of Birds of Prey continues“.

ENDS

Bravo, David Butterworth, for this very public and unequivocal condemnation of the ongoing raptor persecution in this so-called National Park.

But isn’t it time the pretend Yorkshire Dales Bird of Prey ‘Partnership’ was closed down? The RSPB has already left because it recognised the futility of trying to ‘partner’ with the likes of the Moorland Association – how much more time, money and effort is going to be pumped into this pseudo-union, whilst the crimes against birds of prey just carry on and on and on?

Partnerships and coalitions only work when objectives are shared. In the case of the Yorkshire Dales Bird of Prey ‘Partnership’, the Chair of the Moorland Association doesn’t even accept that hen harrier persecution is happening (see here), let alone that it’s an issue that needs to be addressed. What’s the point of continuing this ‘partnership’ charade?

As an aside, the RSPB’s 2022 Birdcrime report was published ten days ago and it contains a lot of material that I want to blog about. I’ve been distracted by events in Scotland (more golden eagle persecution, more peregrine persecution, and a landmark vote by the Scottish Parliament to agree to the general principles of a grouse moor licensing scheme) but I haven’t forgotten about the Birdcrime report and will come back to it shortly….

Environment Minister provides additional evidence ahead of today’s Stage 1 debate on grouse moor licensing bill

Ten days ago the Rural Affairs & Islands Committee published its Stage 1 report on the Wildlife Management & Muirburn (Scotland) Bill (here).

The Committee’s report contained requests for further detail / clarification from the Scottish Government on many aspects of the Bill, prior to today’s Stage 1 debate in the Scottish Parliament.

Those information requests included more information on the level of threat to raptors on grouse moors and the levels of ‘recovery’ of raptor populations, the provisions of NatureScot to suspend / revoke a grouse shooting licence, the range of relevant offences that would trigger a suspension / revocation, various questions about muirburn, various questions about the proposed ban on snares, and various questions about the proposed extension of powers for the SSPCA.

An illegally poisoned red kite found on Dava Moor, just outside the Cairngorms National Park, 2021

Yesterday, Environment Minister Gillian Martin MSP responded to the Committee with the following letter (see below), in which she provides a summary of the status of several raptor species whose populations have been affected by ongoing illegal persecution on grouse moors (regular blog readers won’t learn anything new – it’s all information that’s been in the public domain for some time). She also answers the unfounded and arrogant criticism from some in the grouse shooting industry that her speedy decision to ban snares was made fast because (a) the Committee had pushed her for a speedy response ahead of its deliberations for the Stage 1 report and (b) because the grouse shooting industry’s proposals for a licensing scheme for snare use didn’t contain any evidence that the Government hadn’t heard before.

Here’s her letter – well worth a read. She’s standing firm on the fundamental issues of importance but is prepared to consider her position on some of what I would consider minor, less important issues such as potentially changing the length of the licence period from an annual licence to one that is issued for a three to five year period. It’s also worth noting her cover letter to the Committee in which she points out that, unusually, the Committee’s Stage 1 report does not indicate whether the Committee supports or rejects the general principles of the Bill!

It’ll be all eyes on the Scottish Parliament this afternoon as the Stage 1 report is debated in the main Chamber, followed by a vote on whether the Bill can progress to Stage 2.

You can watch live on Scottish Parliament TV from 2.30pm HERE

Thank you to all of you who sent emails to your MSPs and to the three Ministers ahead of this debate, urging their attendance and support of the Bill following the news that one of the South Scotland golden eagles has ‘disappeared’ and which Police Scotland ‘believe has come to harm‘. It’s been important for MSPs to understand ahead of this debate the extent of public anger that these criminal atrocities against birds of prey continue.

Let’s see which MSPs agree.

If you’re angry about the loss of golden eagle Merrick, here’s something you can do

Today’s news that yet another golden eagle (‘Merrick’) has ‘disappeared’ in an area dominated by driven grouse shooting, and that Police Scotland has reason to “believe she has come to harm” (see here and here), won’t be a surprise to anyone who follows this blog. The eagle killers have been at it for years (e.g. here).

The only surprise is that it took this long for an eagle from the high profile South Scotland Golden Eagle Project to be targeted. Although I daresay that the project’s convention of notifying estates when any of the eagles were present over their land has helped to delay the inevitable.

Golden eagle Merrick visiting northern England. Photo: Gordon MacPherson

The reason the eagle killers have been getting away with it for years (and years and years – nobody ever successfully prosecuted) is because the evidential threshold to charge a named individual is so very high. So even when, for example, three golden eagles were found poisoned on a grouse moor in the Highlands a few years ago, and a massive stash of the banned poison Carbofuran was found locked in the gamekeeper’s shed, to which only he had the key, there still wasn’t sufficient evidence to prosecute him for poisoning those eagles because the police/Crown Office couldn’t prove that that individual was the person who laid the poison that killed those three eagles.

But this frankly absurd situation is about to change, with the introduction of the Wildlife Management and Muirburn (Scotland) Bill, sometimes referred to as the ‘grouse moor reform Bill’.

This Bill proposes to introduce a licensing scheme for all grouse shooting in Scotland, and that licence could be suspended/revoked based on the civil burden of proof (i.e. ‘on a balance of probabilities’ that someone associated with the grouse shoot was responsible for an offence) rather than the much harder to achieve criminal burden of proof (i.e. where the prosecution has to prove ‘beyond reasonable doubt’ that a named individual was culpable).

The general principles of the Bill, furiously opposed by the grouse shooting industry, is due to be debated in the Scottish Parliament this Thursday (30 November 2023). If it passes, it will progress to Stage 2 where the finer details will be picked over.

It is vitally important that this Bill passes to Stage 2. It has been a long, long fight to get this Bill on the table and even though it’s not perfect, it offers the best opportunity to date to make the eagle-killers pay for their crimes.

If you’re angry about the loss of Merrick (and all the other golden eagles, hen harriers, white-tailed eagles, buzzards, goshawks, red kites, sparrowhawks, peregrines etc) that have been illegally killed before her, please consider channelling that anger into something positive.

If you’re a citizen of Scotland, please email your MSP, right now, and urge them to (a) attend the parliamentary debate on Thursday and (b) vote to pass the general principles of the Bill so it can progress to the next stage.

If you’re not sure who your MSP is, you can find them HERE.

For those who don’t live in Scotland but who care just as deeply about this issue (and let’s not forget, Merrick spent some time exploring parts of northern England so it’s not just Scotland who’s being robbed of these eagles), please send an email to the following Ministers and urge them to continue pressing on with this legislation without watering it down just to appease the eagle-killers:

Environment & Energy Minister, Gillian Martin MSP: ministerenergy@gov.scot

Green Skills, Circular Economy & Biodiversity Minister, Lorna Slater MSP: ministerforgsceb@gov.scot

Cabinet Secretary for Rural Affairs, Land Reform & Islands, Mairi Gougeon MSP: cabsecralri@gov.scot

Thank you.

‘Missing’ golden eagle is from high profile South Scotland Golden Eagle Project

Further to today’s news that Police Scotland believe a ‘missing’ satellite tagged golden eagle “has come to harm” in the Scottish Borders (see here), the South Scotland Golden Eagle Project has just issued the following press release:

Pioneering project responds to disappearance of Merrick the golden eagle

Representatives for a ground breaking conservation initiative, which attributes its success to overwhelming support from the public, raptor workers and land managers, have today expressed their shock, sadness and disappointment at the disappearance of Merrick, a female golden eagle translocated by the project in 2022. Police Scotland today confirmed they “believe the bird has come to harm and are treating its disappearance as suspicious.”

Screen grab from South Scotland Golden Eagle Project website in January 2023

Responding to the news and backing calls for anyone with any information to report it to Police Scotland, Chair of the South of Scotland Golden Eagle Project, Dumfriesshire farmer Michael Clarke said: “The disappearance of any golden eagle is extremely upsetting, but particularly when there is evidence to suggest that they have come to harm under suspicious circumstances. The project’s translocated eagles have captured the hearts and minds of many people, including children, who will all share in our utter shock, disappointment and sadness at the nature of Merrick’s disappearance.

Indeed, the huge support our project has had for many years from tens of thousands of people in the community, raptor workers, conservation and the land management sectors, makes it all the more devastating makes it all the more devastating to learn that she may have come to harm at the hands of someone who has disregarded the legal protection of the bird and the vital importance of a restored golden eagle population to protecting biodiversity and reversing nature’s decline.

The South of Scotland Golden Eagle Project’s success in quadrupling the local population is absolutely testament to the overwhelming community support, faith and trust that we have had in our work to date. For over six years our passionate and dedicated project team have worked painstakingly round the clock, in partnership with raptor workers, vets, estates, land managers, game keepers and the wider community, to ensure the health and safety of the birds we translocate. Continued support such as this is vital to saving Scotland’s nature for future generations.

We are more resolved than ever to do our supporters justice and ensure the golden eagle population in the south of Scotland continues to thrive.

We’re grateful to Police Scotland for support and using all the resources at their disposal to establish the full circumstances. To ensure due process is followed, we cannot comment further at this stage. We will do so when Police Scotland shares more detail.

We thank everyone for their support at this tough time and urge anyone with information to assist Police Scotland by contacting them on 101, quoting incident number 1193 of 18 October 2023.”

Merrick (F43), named after the highest peak in the Southern Uplands, originated from Rottal estate near Kirriemuir in the Angus Glens, a traditional sporting estate, which is accredited by Wildlife Estates Scotland (WES) for its commitment to protecting and restoring wildlife and biodiversity.

Merrick was the fifth eagle collected in the summer of 2022, the last to leave the aviaries, and the heaviest eagle translocated that summer at 5.2 kg. She was named by the South of Scotland Golden Eagle Project’s host charity, the Southern Uplands Partnership (SUP).

Camera trap photo of golden eagle Merrick, from South Scotland Golden Eagle website

Before her disappearance, the South of Scotland Golden Eagle Project team’s round-the-clock surveillance of the golden eagles, showed that Merrick was thriving and exploring all over south of Scotland and Northern England in the south of Scotland. Merrick was photographed on her trip in Weardale and filmed in Nidderdale Area of Outstanding Natural Beauty.

The South of Scotland Golden Eagle Project partners the Southern Uplands Partnership, RSPB Scotland, Scottish Land & Estates, Scottish Forestry and NatureScot all share in the disappointment of today’s news. They worked on the project together for more than 11 years before releasing the first eagle chicks in 2018. Funded by The National Lottery Heritage Fund, project partners and the Scottish Government, the initiative is a key project under the Government’s ‘Challenge for Scotland’s Biodiversity’.

ENDS

More comment to follow…

UPDATE 19.00hrs: If you’re angry about the loss of golden eagle Merrick, here’s something you can do (here)

UPDATE 1 May 2024: Police believe golden eagle ‘Merrick’ was shot and killed in south Scotland (here)

Police believe satellite-tagged golden eagle “has come to harm” in south Scotland

Police Scotland have issued the following appeal for information this afternoon:

APPEAL FOR INFORMATION ON MISSING GOLDEN EAGLE IN SCOTTISH BORDERS

Detectives are continuing their enquiries and now appealing for any help the public can give after a satellite-tagged Golden Eagle was reported missing in the Scottish Borders on Wednesday, 18 October.

Detective Sergeant David Lynn, Police Scotland Wildlife Crime Coordinator, said: “Since the report was made, officers have been working with a range of partner agencies to establish more details and gather further information to establish the circumstances.

The bird was last seen in the area to the west of Fountainhall, between Heriot and Stow on Thursday, 12 October. A full search of this area was carried out and officers believe the bird has come to harm and are treating its disappearance as suspicious.

We are determined to protect these magnificent birds. We work closely with a number of partners to tackle wildlife crime, which can be challenging and complex to investigate. As our enquiry continues I would urge anyone with any information that may assist to contact us through 101 quoting reference number 1193 of 18 October. Alternatively, please contact Crimestoppers though 0800 555 111, where anonymity can be maintained.”

ENDS

More comment on this in due course…

UPDATE 16.45hrs: ‘Missing’ golden eagle is from South Scotland Golden Eagle Project (here)

UPDATE 19.00hrs: If you’re angry about the loss of golden eagle Merrick, here’s something you can do (here)

UPDATE 1 May 2024: Police believe golden eagle ‘Merrick’ was shot and killed in south Scotland (here)