Extension of General Licence restriction at Leadhills Estate confirmed as pitiful 8 months

Yesterday I blogged (here) about the extended General Licence restriction that has been imposed on Leadhills Estate after further evidence of wildlife crime had come to light since an original three-year restriction was imposed (to run 26 Nov 2019 – 26 Nov 2022).

[The grouse moors of Leadhills Estate. Photo by Ruth Tingay]

However, there was some confusion from the licencing agency, NatureScot, as to just how long this extension was applicable.

Robbie Kernahan, NatureScot’s s Director of Sustainable Growth was quoted in a NatureScot announcement saying ‘…there is enough evidence to suspend the general licences on this property for a further three years‘, which should have taken the restriction to November 2025 but when I looked at the actual detail of the extension on another part of the NatureScot website, the expiry date of the extension was given as 8th July 2023.

I contacted NatureScot’s licensing team this morning and asked them to clarify the apparent discrepancy. I am grateful to Licensing Manager Liz McLachlan for a prompt and clear explanation, as follows:

‘We have amended the statement on our web-pages as we accept there was some ambiguity in the original wording which you have picked up on. To clarify, the 3 year extension to the restriction is from the date of the most recent (additional) offence, as recorded by Police Scotland, which takes the restriction to July 2023.

For completeness the restriction is from 8 July 2020 to 8 July 2023‘.

I have looked at the amended statement from Robbie Kernahan which now reads:

‘In this case we have concluded that there is enough evidence to suspend the general licences on this property until 2023‘.

So effectively, this ‘three year extension’ isn’t actually a three-year extension at all. Technically it might be, but in effect it’s actually only an eight month extension because the estate is already serving the original General Licence restriction up until 26 November 2022, so imposing another restriction for the period 8 July 2020 to 26 November 2022, on top of the one already being served, is utterly pointless.

The 8-month extension from 27 November 2022 to 8 July 2023 is the only part of this ‘extended’ restriction that will have any real effect.

And apparently the estate has already served 14 months of the extension, given that it began in July 2020! Why has it taken 14 months for NatureScot to publicise this extended restriction? When was the estate notified of this further restriction? And has it made any difference whatsoever to the estate’s activities, given that the original restriction was already underway (since November 2019)?

And if this extension was in place since July 2020, then why the hell did NatureScot give Leadhills Estate special privileges last year when it granted an out-of-season muirburn licence in September 2020??

What sort of idiotic ‘sanction’ is this? An eight month General Licence restriction for the shooting of a short-eared owl, which is the alleged offence that this extension is based upon. Well that’s really going to put the fear of God up other would-be raptor killers, isn’t it?

It’s a pitiful response.

I don’t know if it’s a result of legal limitations (e.g. can this legal sanction be lawfully applied several years after the original offence?) or if it’s a result of professional incompetence by NatureScot.

I have submitted an FoI to NatureScot to ask for details of the decision-making process in this case and will blog when I receive a response.

[Short-eared owl by Amy Lewis]

Leadhills Estate – General Licence restriction extended after police report more evidence of wildlife crime

Regular blog readers will be well aware that the notorious Leadhills Estate, a grouse-shooting estate in South Lanarkshire that has been at the centre of police wildlife crime investigations at least 70 times since the early 2000s, is currently serving a three-year General Licence restriction based on ‘clear evidence’ of raptor persecution offences, including 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 (see here) and the discovery of banned poisons on the estate in May 2019 (see here).

That original General Licence restriction was imposed on Leadhills Estate by NatureScot in November 2019 and is valid until November 2022.

[Chris Packham holds a dead hen harrier. This bird was caught by the leg in an illegally-set trap on the Leadhills Estate grouse moor in May 2019. The trap had been set next to the harrier’s nest and was hidden by moss. The harrier’s leg was almost severed. Unfortunately, extensive surgery could not save this bird. Photo by Ruth Tingay]

However, since that original restriction was imposed on Leadhills Estate in November 2019, further alleged offences have been reported and are the subject of ongoing police investigations (see here) including the alleged shooting of a(nother) short-eared owl by a masked gunman on a quad bike as witnessed by a local resident and his eight year old son in July 2020 (see here) and the discovery of yet another batch of banned poisons, also in July 2020 (here). A satellite-tagged hen harrier (Silver) also vanished in suspicious circumstances on the estate in May 2020 (here), and although NatureScot don’t count missing satellite-tagged raptors as sufficient evidence for a General Licence restriction, the disappearance can be used as supportive evidence if further alleged offences are also being considered.

It’s been over a year since those further alleged offences were reported and we’ve all been waiting to see whether NatureScot would impose a further General Licence restriction on Leadhills Estate. Instead, the licensing team appears to have been focusing on helping out the estate by issuing it with an out-of-season muirburn licence last year (see here) and considering another application from the estate this year (see here). It really beggars belief.

Anyway, NatureScot has finally got its act together and has indeed imposed a further General Licence restriction on Leadhills Estate. Here is the statement on the NatureScot website:

29 September 2021

NatureScot has extended the restriction of the use of general licences on Leadhills Estate in South Lanarkshire until 2023. The decision was made on the basis of additional evidence provided by Police Scotland of wildlife crime against birds.

General licences allow landowners or land managers to carry out actions which would otherwise be illegal, including controlling common species of wild birds to protect crops or livestock.

A restriction of the use of general licences was implemented on Leadhills estate in November 2019, in response to police evidence of crimes against wild birds occurring on the land. This decision extends the period of the existing restriction.

Robbie Kernahan, NatureScot’s s Director of Sustainable Growth, said: “It is hugely disappointing to have to be considering further issues of wildlife crime against wild birds and we are committed to using the tools we have available to us in tackling this. In this case we have concluded that there is enough evidence to suspend the general licences on this property for a further three years. They may still apply for individual licences, but -if granted – these will be closely monitored.

“We work closely with Police Scotland and will continue to consider information they provide us on cases which may warrant restriction of general licences. The detection of wildlife crime can be difficult but new and emerging technologies along with a commitment from a range of partners to take a collective approach to these issues will help us stop this from occurring in the future.”

ENDS

NatureScot’s Robbie Kernahan is quoted here as saying the General Licence restriction will apply “for a further three years“, which should take the restriction up to November 2025.

However, when you look at the actual restriction notice on NatureScot’s website, it says the restriction will extend to July 2023.

Eh? That’s not a three-year extension. That’s only an eight-month extension. I sincerely hope this is just a typo and the date should read November 2025.

It’s good to see NatureScot finally get on with this but I have to say that given there’s a need for an extension of the original General Licence restriction on Leadhills Estate, due to further evidence from Police Scotland about ongoing alleged wildlife crime there, doesn’t that demonstrate just how ineffective the General Licence restriction is as a tool for tackling wildlife crime??

I’ve written many times about the futility of this scheme, and have even presented evidence about it to a Parliamentary committee, not least because even when a General Licence restriction has been imposed, estate employees can simply apply to NatureScot for an individual licence to continue doing exactly what they were doing under the (now restricted) General Licence (e.g. see here)!

And although former Environment Minister Paul Wheelhouse, who was responsible for first introducing General Licence restrictions in 2014, considered that it would work as a ‘reputational driver’ (here), I’ve previously shown with several examples how this is simply not the case (e.g. see here) and that a General Licence restriction remains an ineffective sanction.

Nevertheless, it’s all we’ve got available at the moment and on that basis I would like to see NatureScot now get on with making decisions about restrictions on a number of other estates, such as Invercauld Estate in the Cairngorms National Park where a poisoned golden eagle was found dead next to a poisoned bait earlier this year (here).

And Invercauld isn’t the only estate that should be sanctioned, is it, NatureScot?

UPDATE 30th September 2021: Extension of General Licence restriction at Leadhills Estate confirmed as pitiful 8 months (here).

UPDATE 6th October 2021: Leadhills Estate’s reaction to extended General Licence restriction (here).

Police confirm banned poison Carbofuran found on Leadhills Estate, again

Police Scotland have confirmed the discovery of the banned poison Carbofuran on Leadhills Estate, a grouse-shooting estate in South Lanarkshire that has been at the centre of police wildlife crime investigations at least 70 times since the early 2000s.

The highly dangerous poison, which even in tiny amounts can kill humans and animals, was discovered in July 2020. Police Scotland have told the Daily Record:

“We are aware of this incident and did investigate.

Forensics identified the substance as carbofuran, an illegal pesticide the use of which has been banned since 1991.

It is extremely concerning that this substance was found in a location which is accessible to the public. Anyone with further information about this incident should contact Police Scotland on 101.”

According to the Daily Record, ‘further enquiries were stopped after officers found no evidence to link the poison to any person or persons’.

There isn’t any explanation provided for why the public weren’t alerted to this discovery sooner.

As regular blog readers will know, Leadhills Estate is currently serving a three-year General Licence restriction, imposed in November 2019 following ‘clear evidence from Police Scotland that wildlife crimes had been committed on this estate’ (see here, here, and here). We know via FoI that one of the contributing factors to the decision to pull the GL was the discovery of the banned pesticide Carbosulfan in May 2019 (see here).

[Chris Packham holds a dead hen harrier whose leg was caught in an illegally-set trap on Leadhills Estate in May 2019. Photo by Ruth Tingay]

Since the General Licence restriction was imposed in late 2019, further alleged offences have been reported at Leadhills and are the subject of ongoing police investigations (see here) including the alleged shooting of a(nother) short-eared owl by a masked gunman on a quad bike as witnessed by a local resident and his eight year old son (see here).

And now the discovery of another batch of banned poison.

According to NatureScot’s Framework for GL Restrictions, ‘Individual restrictions will apply for a period of 3 years, but may be extended if evidence of further offences is obtained during this period’.

Let’s see whether NatureScot sees fit to extend the General Licence restriction at Leadhills Estate.

SNH grants licence to Leadhills Estate for out-of-season muirburn

Leadhills Estate, which has been at the centre of over 50 police wildlife crime investigations in the last two decades, has had two gamekeepers convicted for committing wildlife crime offences during that time, and is currently the subject of a three-year General Licence restriction, imposed after Police Scotland found ‘clear evidence’ of wildlife crimes having being committed by persons unknown in recent years, and is under further police investigation since more allegations have been made this year, was granted a licence by SNH to undertake out-of-season muirburn on estate grouse moors in September.

There have been some jaw-dropping revelations on this blog over the years but this one is right up there.

[Muirburn on Leadhills Estate, South Lanarkshire. Photo by Ruth Tingay]

A quick recap of the situation (for those who want more detail please see the links to previous blog posts below).

In April 2020 the Scottish Government temporarily banned all muirburn in Scotland under emergency Coronavirus legislation (see here).

Despite being in the middle of a pandemic, in July 2020 Mark Osborne, acting on behalf of Leadhills Estate, applied to Scottish Natural Heritage for an out-of-season licence to conduct muirburn on the estate in September after spraying some areas with glyphosate (see here).

Scottish Natural Heritage (now rebranded as NatureScot but that’s irrelevant) refused the licence application in August (here) and Osborne immediately appealed the decision (see here).

That’s where we left the saga last time. Here’s what happened next…..

SNH was obliged to consider Osborne’s appeal, although it wasn’t obliged to overturn it’s previous decision to refuse permission.

Here’s how SNH’s reconsideration went:

According to the Freedom of Information documents that have been released, that’s it. That’s the extent of the discussion at SNH about whether Leadhills Estate should be given permission to set fire to its grouse moors out of season and in the middle of a global pandemic.

A couple of days later SNH wrote to advise Osborne of its U-turn decision and sent him the licence, as follows:

There has been some discussion amongst RPUK colleagues and associates about whether SNH’s decision to issue this licence was a breach of the Government’s emergency Coronavirus legislation which had temporarily banned muirburn until the official season opened on 1 October 2020. I might return to that topic.

However, of greater interest, to me, is how SNH’s decision-making on whether to issue an out-of-season muirburn licence apparently failed to consider the wider picture of what’s been going on at Leadhills, and especially the current three-year General Licence restriction placed on the estate, by, er, SNH. Didn’t anybody think about that?

Ah, well somebody did, but unfortunately it seems this person’s expert input wasn’t invited as part of the decision-making process:

There’s quite a lot to take in about this case, and the details and circumstances of this particular licence. An FoI has been submitted to SNH to see the licence return which, as detailed in condition #9, should have now been submitted to SNH by Osborne.

And it turns out that this isn’t the first year that SNH has granted an out-of-season muirburn licence to Leadhills Estate. More on that shortly.

For some reason, the phrases ‘taking the piss’ and ‘impotent licensing authority’ are uppermost in my mind.

More on Leadhills Estate’s individual licence to shoot crows

Back in November 2019, Scottish Natural Heritage (SNH) imposed a three-year General Licence restriction on Leadhills Estate in South Lanarkshire following ‘clear evidence from Police Scotland that wildlife crimes had been committed on this estate’ (see here, here, here, here, and here).

Those alleged offences included the ‘illegal killing of a short-eared owl, two buzzards and three hen harriers’ that had been ‘shot or caught in traps’ on Leadhills Estate since 2014. SNH also claimed that ‘wild birds’ nests had also been disturbed’, although there was no further detail on this. The estate denied responsibility, obviously.

[This male hen harrier was found with its leg almost severed, caught in an illegally-set trap next to its nest on Leadhills Estate in 2019. Despite valiant efforts by a top wildlife surgeon, the bird didn’t survive. Photo by Ruth Tingay]

As regular blog readers will know, a General Licence restriction is supposed to prevent an estate from killing so-called ‘pest’ species (e.g. crows) that would otherwise be permissible under the General Licences but estates can still apply to SNH for an ‘individual licence’ to circumvent the General Licence restriction and continue killing birds, albeit with a bit more paperwork to complete.

This ridiculous situation is a legal quirk, outlined in a Judicial Review, and isn’t SNH’s fault (although SNH could be doing a lot more to point out the system failings to the Scottish Government). Basically if a penalised estate isn’t provided with an opportunity to apply for an individual licence the estate could argue the system was unfair and the legality of the General Licence restriction probably wouldn’t stand. If further wildlife crimes are discovered on the estate when an individual licence is in place, SNH can revoke the individual licence but the estate can simply reapply for another one. We’ve discussed how the General Licence restriction is a wholly ineffective deterrent plenty of times in the past, (e.g. see here, here, here, here) and last year we even gave evidence to this effect alongside RSPB Scotland and others to a Scottish parliamentary committee (here).

In July this year we discovered via a freedom of information request that SNH had indeed granted an individual licence to Leadhills Estate that was valid between 27 April – 1 June 2020. It permitted the shooting of two species, hooded crow and carrion crow, in a limited part of the estate and apparently to protect lambs (see here).

One of the conditions of the licence was that the estate had to submit a return to SNH no later than 1 July 2020, documenting all shooting and scaring activities undertaken under this licence.

We wanted to see this return and we also wanted to know the details of the compliance checks undertaken by SNH. SNH has stated previously that any individual licences issued to Leadhills Estate would be ‘closely monitored’ and this ‘tighter supervision is a proportionate response to protect wild birds in the area and prevent further wildlife crime’.

Another FoI was submitted and here is SNH’s response:

It’s all very interesting, isn’t it?

But not as interesting as the fact that Police Scotland are currently investigating a number of new alleged wildlife crimes on this estate (see here) including the alleged shooting of a(nother) short-eared owl by a masked gunman on a quad bike as witnessed by a local resident and his eight year old son (see here).

The question now is, in light of these new alleged offences and the obvious conclusion that imposing a three-year General Licence restriction did not prevent further wildlife crime taking place, as SNH thought it might, will SNH now extend Leadhills Estate’s three-year General Licence restriction as its policy allows if further evidence of wildlife crime is uncovered during the original three-year restriction period, and refuse the individual licence that the estate appears to want for next spring? Is there any point to further licence restrictions? It seems pretty ineffective, to be honest.

There are another couple of questions, too, but these are for Scottish Land & Estates (SLE), the grouse shooting owners’ lobby group. We’ve been asking these questions for years but SLE hasn’t replied yet. Can’t imagine why. These are really questions that should be asked by the so-called ‘partner organisations’ that serve alongside SLE on the so-called ‘partnerships’ such as the Partnership for Action against Wildlife Crime Raptor Group with its zero tolerance for raptor persecution. Here are the questions again, for old times’ sake:

1. Is Leadhills Estate still a member of SLE?
2. Is Lord Hopetoun of Leadhills Estate still Chairman of SLE’s Scottish Moorland Group?

TAKE ACTION

If you’re concerned about the level of illegal raptor persecution in the UK, especially the high incidence of killing that takes place on or close to driven grouse moors, you can sign this e-action which urges your politician to take note and actually do something about it.

Launched two weeks ago by three organisations: Wild Justice, the RSPB and Hen Harrier Action, so far over 86,000 people have signed up. All you need to do is enter your postcode and a polite, pre-written email will automatically be sent to your parliamentary representative asking them to stop ignoring this issue.

If you want to add your voice and give your elected politician a polite nudge, please sign up HERE and pass this link on to others.

Thank you

‘Everywhere we go there are dead animals’ – local residents detest grouse moor management

There’s a very interesting article in The Times today, debunking the picture often painted by the grouse shooting industry of moorland community harmony – a rural idyll where local residents are deliriously enthralled by the activities of the local grouse moor managers and thankful for the boost that grouse shooting brings to the local economy, without which the local community would apparently collapse. Oh, and it’s where unicorns live, too.

If the Campaign for the Protection of Moorland Communities (C4PMC) wasn’t so busy astroturfing for the grouse shooting industry, this story (below) is the one it should be telling, instead of spending thousands of pounds on Facebook to promote abusive and personal attacks on decent, hardworking conservationists who are simply seeking grouse moor reform (e.g. see here).

Today’s article in The Times comes on the back of last week’s news (here) that Police Scotland are investigating alleged wildlife crimes on the Leadhills Estate in South Lanarkshire (yes, that place again), including the suspicious disappearance of a satellite-tagged hen harrier and the shooting of a(nother) short-eared owl. The estate has denied all responsibility, obvs.

Written by journalist Lucy Bannerman, it takes a slightly different angle and focuses on the impact on local residents of having to live in the shadow of an estate as notorious as Leadhills.

Bannerman writes:

‘The estate has a notorious reputation as an alleged wildlife crime hotspot, where local monitors claim that at least 50 protected birds of prey have vanished or been found dead or dying in traps or by poisoned bait. One villager claims that even her cat has been poisoned.

The brazen manner of the latest killing, of the short-eared owl, has enraged residents, who are so sick of finding poisoned carcasses on the grouse moors around their homes that they have another name for the area: Deadhills.

“It’s devastating to lose another bird”, Steph Spode, 35, a local mother of four, said. “When you live here, you look around and at first you think, wow, look at those mountains. After a little while, you start to realise there’s nothing here. No trees. No wildlife. I can’t hear animals. I can’t see birds. When I go hiking there’s dead animals everywhere. What’s going on?“‘

It’s no surprise that there are ‘dead animals everywhere’ – a report published just yesterday (here) by the League Against Cruel Sports, as part of the Revive Coalition for Grouse Moor Reform, indicates that up to a quarter of a million animals are killed on Scottish grouse moors every year, many in the most gruesome and barbaric way imaginable.

Here’s a video we made last year with Chris Packham about the miserable death of a hen harrier, a supposedly protected species, that was found caught in an illegally-set trap at Leadhills last year:

The residents of Leadhills are not the only moorland community to speak out. Increasingly we’ve been hearing from local residents across the uplands who are finding their voices and speaking out against the damage this industry brings to their door. First we heard from local communities in the Yorkshire Dales National Park (see here and here), then from a community in the Nidderdale Area of Outstanding Natural Beauty (see here), and then from a local community in the North York Moors National Park (here).

And then there are those local communities who want to buy the moors and transform and restore them in to something for the whole community, not just for those who come to kill birds for a bit of a laugh.

The Langholm community is currently attempting to buy part of Langholm Moor in Dumfries & Galloway from the Duke of Buccleuch (e.g. see here) and now the Wanlockhead Community Trust has voted (see here) to buy another part of Buccleuch’s moorland at Wanlockhead, the neighbouring village to Leadhills.

If you read the Wanlockhead Community Trust feasibility study you’ll see there’s not much interest in maintaining the moors for grouse shooting.

Download the report here: Wanlockhead Community Trust Buyout Feasibility Study April 2020

TAKE ACTION

If you’re sick to the back teeth of illegal raptor persecution on driven grouse moors, please consider participating in this quick and easy e-action to send a letter to your local Parliamentary representative (MSP/MP/MS) urging action. Launched just a week ago by Wild Justice, RSPB and Hen Harrier Action, over 43,000 people have signed up so far.

This means that over 43,000 pre-written letters complaining about illegal raptor persecution and the environmental damage caused by intensive grouse moor management, are winging their way to politicians of all parties across the UK. If you want your local politician to receive one, Please join in HERE

Thank you

 

Police investigate more wildlife crime allegations on Leadhills grouse moor

Last Friday investigative journalist Rob Edwards published an article in The Ferret on two new police investigations into alleged raptor persecution on the Leadhills Estate, an infamous grouse moor in South Lanarkshire.

The first investigation centres on the suspicious disappearance of yet another satellite-tagged hen harrier, this one named ‘Silver’, who was nesting on Leadhills Estate but whose tag suddenly stopped transmitting and she vanished without trace on 27th May 2020.

[Hen harrier ‘Silver’ was satellite tagged as a young bird and like so many others, has now vanished in suspicious circumstances on a grouse moor. Photo by RSPB]

The second incident being investigated is the alleged shooting of a short-eared owl, witnessed by a local man and his eight-year-old son on the evening of 2nd July 2020.

They watched a man dressed in camouflage shoot the owl and collect the body before he drove off across the moorland on a quad bike. A blurry photo was taken and the police were called.

[Unidentified man on a quad bike driving off across the Leadhills Estate grouse moor. Photo by Anjo Abelaira]

Rob’s article in The Ferret has more details about both investigations and a response from the estate – read here.

Regular blog readers will be familiar with the name Leadhills Estate (also previously known as the Hopetoun Estate) as it’s been mentioned here many, many times before.

Here’s a video we made with Chris Packham just last year following the savage brutality inflicted on a hen harrier nesting in this area. Nobody was prosecuted for that barbaric crime:

Regular blog readers will also know that in November 2019, Scottish Natural Heritage (SNH) imposed a three-year General Licence restriction on Leadhills Estate in South Lanarkshire following ‘clear evidence from Police Scotland that wildlife crimes had been committed on this estate’ (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 first given powers to impose a General Licence restriction). SNH had also claimed that ‘wild birds’ nests had also been disturbed’, although there was no further detail on this. The estate consistently denied responsibility.

You might also remember the fascinating correspondence between the Leadhills Estate’s lawyer and SNH when the estate unsuccessfully appealed against the General Licence restriction (see here).

There’s a lot more that can be said about the current investigations at Leadhills Estate but time is short right now – it’s a subject that we’ll try to re-visit in the not-too-distant future.

TAKE ACTION

If you’re sick to the back teeth of illegal raptor persecution on grouse moors, please consider participating in this quick and easy e-action to send a letter to your local Parliamentary representative (MSP/MP/MS) urging action. Launched on Saturday by Wild Justice, RSPB and Hen Harrier Action, approx 19,000 people have signed up so far. Please join in HERE

Thank you

UPDATE 30th September 2021: Extension of General Licence restriction at Leadhills Estate confirmed as pitiful 8 months (here)

More birds of prey illegally killed in & around Peak District National Park

As conservationists continue to express concern for the safety of the visiting Bearded Vulture in the Peak District National Park (e.g. see here), the RSPB has published a blog detailing more cases of confirmed and suspected illegal raptor persecution that have been recorded in the area since the beginning of lockdown.

[This shot buzzard had to be euthanized due to the extent of its injuries. Photo by Peak District Raptor Monitoring Group]

The RSPB’s updated list includes the following, some of which have already featured on this blog and some which haven’t previously been publicised:

NEW: In the north of the National Park, the remains of a short-eared owl, an amber-listed species, were found on a grouse moor near Glossop on 7 May. A post-mortem recently concluded that shooting had been the cause of death. No leads were forthcoming from police enquiries.

NEW: Near Agden Reservoir, an area dominated by driven grouse moors, four raven chicks were found dead in a nest also on 11 May. The parent birds had been seen bringing food to the young, then vanished without explanation. The chicks were almost at the point of fledging, and the RSPB say the adults were exceptionally unlikely abandon the nest at that stage. The incident is being investigated by South Yorkshire Police.

NEW: Test results are awaited in connection with an adult peregrine found dead in the Upper Derwent Valley.

NEW: In the south, just outside the National Park an eyewitness reported seeing two buzzards being shot near Ashbourne on 1 April 2020. A member of the public was watching the two birds circling a wood, on land managed for pheasant shooting, when he heard a shot and saw the birds fall. There’s no comment about a police investigation.

PREVIOUSLY REPORTED: On 11 May, a buzzard was found mortally wounded on land managed for gamebird shooting near Diggle. It was found alive but with terrible injuries and sadly had to be euthanized. An x-ray revealed six pieces of shot lodged in the bird’s body. [This crime has previously been blogged about here]

PREVIOUSLY REPORTED: In the south of the Park, a buzzard and two peregrines are being tested for poison after being found dead in Staffordshire. [These incidents have previously been blogged about here] [Confirmed illegally poisoned. See UPDATE at foot of this blog]

PREVIOUSLY REPORTED: In mid-June, Derbyshire Police issued an appeal for information after three peregrine nests were robbed of their eggs, all within the National Park. The RSPB alerted the police about one of the incidents. [These incidents have previously been blogged about here]

PREVIOUSLY REPORTED: A dead kestrel and a buzzard have also gone for poison testing: they were found near Glapwell, where several buzzards were found poisoned in 2016. [These incidents have previously been blogged about here] [Confirmed illegally poisoned. see UPDATE at foot of blog].

To read the RSPB blog in full please click here

The RSPB’s Head of Investigations, Mark Thomas, was also on BBC Radio Derby a few days ago talking about the ongoing killing of birds of prey in the Peak District National Park. Available here (starts 3hrs 16) for 24 days.

UPDATE 3rd August 2020: Buzzard and kestrel confirmed illegally poisoned in Derbyshire (here)

UPDATE 2nd October 2020: Birds of prey illegally poisoned in Staffordshire / Peak District National Park (see here)

Leadhills Estate granted ‘individual licence’ to shoot crows

As many will recall, in November 2019 SNH imposed a three-year General Licence restriction on the Leadhills Estate in South Lanarkshire following ‘clear evidence from Police Scotland that wildlife crimes had been committed on this estate’ (see here, here, 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 first given powers to impose a General Licence restriction). SNH had also claimed that ‘wild birds’ nests had also been disturbed’, although there was no further detail on this. The estate has consistently denied responsibility, obviously.

[This male hen harrier was found with its leg almost severed, caught in an illegally-set trap next to its nest on Leadhills Estate in 2019. Despite valiant efforts by a top wildlife surgeon, the bird didn’t survive. Photo by Ruth Tingay]

As many of you will also know, a General Licence restriction is supposed to prevent an estate from killing so-called ‘pest’ species (e.g. crows) that would otherwise be permissible under the General Licences but that estates can still apply to SNH for an ‘individual licence’ to circumvent the General Licence restriction and continue killing birds, albeit with a bit more paperwork to complete.

This ridiculous situation is a legal quirk, outlined in a Judicial Review, and isn’t SNH’s fault (although SNH could be doing a lot more to point out the system failings to the Scottish Government). Basically if a penalised estate isn’t provided with an opportunity to apply for an individual licence the estate could argue the system was unfair and the legality of the General Licence restriction probably wouldn’t stand. If further wildlife crimes are discovered on the estate when an individual licence is in place, SNH can revoke the individual licence but the estate can simply reapply for another one. We’ve discussed how the General Licence restriction is a wholly ineffective deterrent plenty of times in the past, (e.g. see here, here, here, here) and last year we even gave evidence to this effect alongside RSPB Scotland and others to a Scottish parliamentary committee (here).

Since the General Licence restriction was imposed on Leadhills Estate in Nov 2019 we’ve been interested to find out whether the estate has applied for, and been granted, an individual licence.

An FoI request has revealed that yes, SNH issued an individual licence that was valid between 27 April – 1 June 2020 but this was far more restrictive than the individual licences (e.g. see licence details here) that were issued to Raeshaw Estate when a GL restriction was imposed on that estate in 2015.

The individual licence at Leadhills Estate only permits the shooting of two species – hooded crow and carrion crow, in a limited part of the estate and apparently to protect lambs.

According to condition #8 of this licence, the licensee has to submit a written report to SNH within one month of the licence expiring (so by 1 July 2020) detailing the scaring methods deployed and the number of birds shot. We have submitted an FoI request for this information.

We’ve also asked SNH for details of the compliance checks made for the duration of this licence. SNH has said in the past that compliance checks would form part of the ‘tighter scrutiny’ involved with an individual licence. Let’s see. Presumably this type of environmental monitoring/legal compliance check would have been one of the Government-sanctioned jobs during lockdown.

General Licence restriction on Leadhills Estate: some fascinating details

In November 2019, Scottish Natural Heritage (SNH) imposed a three-year General Licence restriction on Leadhills Estate in South Lanarkshire following ‘clear evidence from Police Scotland that wildlife crimes had been committed on this estate’ (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 first given powers to impose a General Licence restriction). SNH had also claimed that ‘wild birds’ nests had also been disturbed’, although there was no further detail on this. The estate consistently denied responsibility.

[The shot short-eared owl that was found shoved under some heather on the Leadhills Estate grouse moor. Photo by RSPB Scotland]

In December 2019 Leadhills Estate appealed against SNH’s decision to impose the General Licence restriction (see here) but on 31 January 2020 SNH announced that it had rejected the estate’s appeal and the General Licence restriction still stood (see here).

We were really interested in the details of Leadhills Estate’s appeal so a freedom of information request was submitted to SNH to ask for the documents.

The information released by SNH in response is fascinating. Some material hasn’t been released due to what appear to be legitimate police concerns about the flow of intelligence about wildlife crime in the Leadhills area but what has been released provides a real insight to what goes on behind the scenes.

First up is an eight page rebuttal from Leadhills Estate’s lawyers about why it thinks SNH was “manifestly unfair” to impose the General Licence restriction.

Download it here: Leadhills Estate appeal against GL restriction decision

Next comes SNH’s six-page rejection of the estate’s appeal and the reasons for that rejection.

Download it here: SNH rejects Leadhills Estate appeal against GLrestriction

Prepare for some jaw-dropping correspondence from Leadhills Estate’s lawyers, including a discussion about how the raptor workers who found the hen harrier trapped by it’s leg in an illegally-set spring trap next to its nest last year ‘didn’t take steps to assist in the discovery of the suspect, which could have included placing a camera on the nest’.

Are they for real??!! Can you imagine the uproar, had those raptor workers placed a camera pointing at the nest and identified a suspect who was subsequently charged? We’ve all seen how that scenario plays out, with video evidence dismissed as ‘inadmissible’ and the game-shooting lobby leering about the court victory. That Leadhills Estate is now arguing that the failure of the raptor workers to install covert cameras is reason for the estate to avoid a penalty is simply astonishing, although the next time covert video evidence is challenged in a Scottish court it’ll be useful to be able to refer to this estate’s view that such action would be deemed reasonable. Apart from anything else though, those raptor workers were too busy trying to rescue that severely distressed hen harrier from an illegally-set trap:

[The illegally trapped hen harrier. Photo by Scottish Raptor Study Group]

Other gems to be found within this correspondence include the news that a container of an illegal pesticide (Carbosulfan) was found on Leadhills Estate in May 2019 and contributed to SNH’s decision to impose the General Licence restriction (this information has not previously been made public – why not?) and that during a police search of the estate (sometime in 2019 but the actual date has been redacted) the police seized some traps. The details of why those traps were seized has also been redacted but SNH write, ‘Although this in itself does not establish criminality it certainly adds weight to our “loss of confidence” [in the estate]’.

The Estate claims that the alleged impartiality of the witnesses should have some bearing on proceedings but SNH bats this away with ease, saying that the evidence on which the restriction decision was made was provided by Police Scotland and that the partiality of witnesses has not been identified as a significant factor of concern for the police, and thus not for SNH either.

It’s also amusing to see the estate claim ‘full cooperation’ by the estate with police enquiries. SNH points out that this so-called ‘full cooperation’ was actually largely limited to “no comment” interviews!

We don’t get to say this very often but hats off to SNH for treating the estate’s appeal with the disdain which, in our opinion, it thoroughly deserves.

Meanwhile, following SNH’s decision in January to uphold the General Licence restriction on Leadhills Estate due to ‘clear evidence’ of wildlife crime, we’re still waiting for Scottish Land & Estates (SLE) to respond to our enquiries about whether Leadhills Estate is still a member and whether Lord Hopetoun of Leadhills Estate is still Chairman of SLE’s Scottish Moorland Group.