Investigations

Hopes dashed for vanished Hen Harrier Anu, whose tag was found cut off after roosting on grouse moor

2023-03-17T10:32:00Z

By Tom Grose, Investigations Officer

Satellite tags have been fantastic for helping to shed light on the lives of a wide variety of animals around the world. One outcome from their use on birds of prey in the UK has highlighted the scale of persecution facing some of these species. A peer-reviewed paper utilising the tagging data of 58 Natural England tagged Hen Harriers was published in 2019. The science showed what was long anecdotally suspected: Hen Harriers were 10 times more likely to die or disappear within land managed for grouse shooting compared to areas that weren’t. 72% of the tagged harriers in that study were either confirmed, or considered very likely to have been, illegally killed.

Unsurprisingly, intelligence suggests that these small, lightweight devices are not popular with those carrying out the killing. The case of a Golden Eagle tag which was wrapped in lead and thrown into a river shows the lengths that criminals will go to avoid detection. It has often been suspected that Hen Harriers and their tags have been subject to similar tactics (see the story of Bronwyn).

The RSPB has been fitting satellite tags to hen harriers for many years. The work is carried out to extremely high standards by trained, BTO-accredited experts. In the summer of 2021, the RSPB fitted a satellite tag to a male hen harrier chick on United Utilities land in the Forest of Bowland. It was fantastic to see this bird – named Anu – spread its wings as it explored further afield, eventually reaching the edge of the Peak District in South Yorkshire where it spent the winter. Our team were able to observe him interacting with a female Hen Harrier, sparking hopes that he might stay to breed in that part of the world. Sadly, those hopes were dashed.

On the night of 10 February 2022 Anu roosted near Upper Midhope in South Yorkshire. The area was known to our team as a spot where other harriers have roosted in previous years and was clearly attractive to them. It is also land managed for driven grouse shooting. Hen Harriers roost on the ground often amongst heather or long grasses like rush, flying into the roost at dusk to settle in for the night. The tag data confirmed that Anu was alive in the early hours of 11 February, but strangely that the bird had been unexpectedly active during the night: a time when Hen Harriers do not usually fly and we would expect it to be roosting and still.

The next signal from the tag on 11 February gave cause for concern. The data indicated that Anu was dead. Further location data indicated bird/tag was now approximately 9Km away to the east at Wharncliffe Chase. After a thorough search using specialist equipment in wet conditions, we found no sign of the bird or tag, despite the tag continuing to transmit from the same location.

We returned for another intensive search and eventually found the tag. There was no sign of the body, not even a scattered feather indicating it may have been removed by a scavenging animal. Worryingly, and crucially, the harness which securely fastens the tag to the harrier appeared to have been severed. We reported our concerns to South Yorkshire Police who took the tag for forensic analysis. They agreed that Anu’s disappearance was now suspicious.

The next step was to comb the roost area near Upper Midhope where Anu was last known to have been alive. A large search party comprised of the police, the National Wildlife Crime Unit and RSPB Investigations staff found no Hen Harrier feathers or remains. A public appeal for information was swiftly issued. Police enquiries continued while we waited for the forensic tests to be carried out on the tag and harness.

When the police received the initial results back from the lab in May, it confirmed what we had feared and suspected. The results indicated that the harness had “been cut….rather than having been severed as a result of any animal activity”. In the opinion of the examiner there was no indication on the tag or harness that it had been removed by an animal. This was now officially a criminal investigation.

Anu's tag, showing the cut straps

Despite the best efforts of the police, further enquiries were unsuccessful in establishing those involved. As raptor persecution often occurs in isolated rural locations, narrowing the enquiry down to a single suspect is often very challenging. It seems probable that Anu met the same fate as many other Hen Harriers, and that the culprit tried to cover their tracks by removing the tag from the bird’s body and relocating it away from the crime scene.

Instead of going on to rear chicks of his own, Anu had become another dead Hen Harrier statistic, waiting to be collated and published in yet more science clearly indicating the impact of human persecution on this species.

With only a fraction of the UK Hen Harrier population carrying tags, you can’t help wonder what is happening to those other, untagged birds. Until human and criminal persecution ends, this species will continue to struggle. That’s why the RSPB is urging the UK Government to implement licensing for driven grouse shooting, as is due to happen in Scotland this year. It’s clear that we need meaningful change, and a meaningful deterrent to illegal killing, otherwise this depressing narrative will only continue.

The RSPB would like to thank South Yorkshire Police and the National Wildlife Crime Unit for their hard work on this case.

Attack on nature in microcosm: demolition work devastates gull colony

2023-03-14T08:25:00Z

By Guy Shorrock, Volunteer with RSPB Investigations

A Herring Gull - a ‘red-listed’ species of high conservation concern (Guy Shorrock)

The UK is one of the most nature depleted countries with huge pressures on existing wildlife populations. Further developments such an Avian Influenza are having devastating impacts for several species including many seabirds. In late 2022, a furore erupted after the RSPB and other conservation organisations expressed concern about the ‘attack on nature’ and that the government could roll back environmental protection rules. It also called on people across the UK to help sound the alarm to protect the wildlife they love. Events earlier in 2022 at an established gull breeding colony on buildings in Melksham owned by Wiltshire County Council (WCC) appear to be sad illustration of these wider environmental concerns.

As part of this sorry tale, we are indebted to local professional ornithologist Nick Adams, for standing up for nature and painstakingly pulling together the details through a series of Freedom of Information (FOI) requests to WCC, Natural England (NE) and Wiltshire Constabulary.

The former sports centre in Melksham had a well-established colony of Herring and Lesser Black-Backed Gulls (courtesy Melksham News)

The former Christie Miller Sports Centre in Melksham is a large site of 11 buildings owned by WCC. There had been a well-established breeding colony of Lesser Black-Backed and Herring Gulls on the site and other nearby buildings for over 10 years. The Wiltshire Ornithological Society had commissioned Peter Rock, the UK’s leading authority on urban nesting gulls, to carry out two breeding large gull surveys in Wiltshire, one in 2009 and again in 2018. This was the second largest of nine colonies in Wiltshire, with 380 pairs recorded in 2018, and about 30 pairs of each species on the WCC site. The Herring Gull is a ‘red-listed’ species of high conservation concern due to severe breeding population declines during the last 25 years and now listed as ‘Endangered’ as a breeding species in Great Britain under IUCN criteria. The Lesser Black-Backed Gull is ‘amber-listed’ by virtue of the fact that the breeding population is concentrated at a relatively small number of important sites and Great Britain has internationally important breeding numbers of this species.

A delayed start

Demolition of the site was intended to begin in January 2022, which would have given breeding birds the opportunity to find other nesting sites. A WCC Ecology Report from September 2021 (available on the WCC planning portal) gave clear advice, including: ‘Please be advised that works should not take place that will harm nesting birds from March to August inclusive’. Unfortunately, due to a series of delays the work by the contracted demolition company did not actually start until April 2022. This was now well into the breeding season with birds preparing to lay - and their presence should have been extremely obvious. Considering this colony was so well-established, and their own ecology report, it is difficult to understand how WCC allowed the work to start in April. It is understood there were no planned development works following the demolition, which suggests works could have been delayed until August 2022, after the breeding season.

Adult Herring & Lesser Black-Backed Gulls and chicks on the roof of the partially demolished site (courtesy Melksham News)

During April concerns about the gull colony were made to WCC and work was halted after some demolition had taken place. It is likely some nest and eggs would have been destroyed by this point. A falconer was employed by WCC to try to deter the gulls from breeding but was not successful. On 5 May 2022, WCC applied to NE for a licence under public health and safety to remove Herring Gull nests, eggs and chicks on the grounds the buildings were now partially demolished, and the site was therefore unsafe. It is clear from the correspondence between WCC and the demolition company that there were significant concerns re the financial implications of any delays. Consequently, we are concerned that these pressures may have caused undue influence on the decision to apply for a licence on the grounds of public health and safety rather than delay the work until August.

A licence to cull

A licence was granted to WCC and the information returned to NE shows that between 30 May and 8 June 2022 some 12 Herring Gull nests were removed, and 48 eggs/chicks were destroyed. Unfortunately, due to a clerical error by NE, the licence was incorrectly granted for the purpose of ‘Conserving wild birds’ and not in relation to the original application for public health and safety. The first licence condition clearly states: ‘The licensee is responsible for ensuring that operations comply with all terms and conditions of the licence’. NE in their covering email also stressed the importance of reading, understanding and complying with the licence. It is self-evident that this did not happen. We believe the licence was technically invalid and the clearance of nests, eggs and chicks was unlawful and contrary to the Wildlife and Countryside Act 1981.

In view of the site history, it was strange that the licence was only requested for Herring Gulls since Lesser Black-Backed Gulls were on site and, at the request of Wiltshire Constabulary, Nick Adams had confirmed both species were breeding at the start of May. A photograph taken by the Melksham News on the 7 June 2022, who covered this story with a good article, clearly suggests Lesser Black-Backed Gull chicks were present, and we believe it is highly probable at least two chicks were unlawfully killed. Also disturbing was a photograph of gull chick sat in the rubble eight days after the clearance of eggs/chicks was reported as complete.

A gull chick amongst the rubble some eight days after licensed work was declared complete (courtesy Melksham News)

After the dust has settled

In overview, it appears there has been a catastrophic failure by WCC in managing this project and the RSPB has made a formal complaint regarding this incident. Whilst there has been a clerical error by NE, they are clearly not the villains of the piece. We have since had positive discussions about how better information from local ornithological groups and other sources can be made available to them to assist with future licensing decisions.

A time where nature is under increasing threat, it is clear everyone has a part to pay from individual lifestyle choices to government and international policy. Within this spectrum, local authorities, landowners and developers have an important role and must be highly mindful of the legal protection afforded to wildlife and protected sites. This situation at Melksham appears to have been entirely preventable, and we await comments from WCC with interest.

Regime Change in the Peak District

2023-03-02T18:36:00Z

This is a story about the illegal use of rodenticides. It is also a story about one particular rodenticide called brodifacoum. There have been some serious incidents where dogs out for walks have died from ingesting brodifacoum due to its illegal use. And the misuse and deliberate abuse of brodifacoum is having a troubling impact on our wildlife too, on a scale not yet fully understood but it is now widely recognised as the biggest emerging poisoning threat to wildlife in the UK.

And this is a story of how brodifacoum was illegally and shockingly used on a National Trust owned grouse moor land in the Peak District National Park in 2021.

A crime committed on National Trust land, a grouse moor, open access land (where recreation users can go where they wish), and on a designated SSSI (Sites of Special Scientific Interest) within the country’s busiest National Park. And yet someone thinks it is fine to break the law without fear of consequences of who or what may come into contact with the brodifacoum.

The National Trust land called Hollingworth Clough in the Peak District National Park (RSPB)

The background

On 18th February 2021, my colleague in RSPB Investigations was working in an area of grouse moors in the Peak District with a history of raptor persecution. This is an area which has concerned the RSPB for a number of years. A shot short-eared owl and a shot buzzard found in 2020 are examples of our concern

On the point of dusk, an individual was seen behaving suspiciously on the National Trust owned High Peak Estate on a moorland called Park Hall near Glossop. The National Trust land was leased to a nearby grouse shooting estate called Hurst and Chunal Estate. It appeared that the individual had waited until the point of darkness before walking out onto the moorland with a stick and then preceded to crouch down in a small area wearing what appeared to be white gloves. What they were doing was hard to tell. But the person after a few minutes headed back towards their vehicle, briefly stopping at a dry stone wall just before they got back.

The view of my colleague and the light made it difficult to be clear who this individual was and what they were doing at that point.

The following day, now in daylight, my colleague instructed myself and another colleague to the location where they had seen the odd behaviour. It might have been nothing and something innocuous that had been witnessed but we needed to know. We were guided to a location on the moor called Hollingworth Clough on Leygatehead Moor, part of Park Hall. The location contained several mammal holes. We shone torches into the holes and found that four of these holes contained pinkish square blocks. Both myself and my colleague were troubled and believed these to be rodenticide blocks and were concerned that this was an illegal usage of them out in the open where any willdife or pets could access them.

Some of the brodifacoum blocks found inside holes on the National Trust land (RSPB)

The blocks were seized. On our way out, our colleague guided us to the dry stone wall where the person had been seen stopping for a while before going back to their vehicle the previous evening. A pair of white nitrile gloves were found stuffed inside the wall. In my experience of pesticide abuse jobs, nitrile gloves can be used by suspects not wishing to have skin contact with the substances they were handling. It looked like these white gloves had been the ones seen on the suspect and disposed of after handling the blocks inside the wall. These were again seized. It had all become clear now. The rodenticide blocks, the nitrile gloves, the stick (to push down the blocks) and the premeditated waiting for the light to fade enough had come with a plan - to target wildlife illegally by a criminal - and do so on land popular with the public that reducing the chances of being caught was paramount for this person.

The job was then passed onto Natural England who lead on the WIIS (Wildlife Incident Investigation Scheme) in England and also for the potential SSSI offences.

A long story short

The investigation did not really get going for sometime. But that is another story for a different time. We are grateful that fresh impetus from individuals in Derbyshire Police Rural Crime Team and Natural England took on the job in the last year to progress matters.

The blocks found down the holes were confirmed as brodifacoum by WIIS analysis. Readers familiar with the illegally poisoned white-tailed eagle in Dorset will know this substance and the concerns of how it is impacting wildlife in the UK. We are seeing it regularly in well above lethal levels detected in birds of prey that undergo toxicology testing, sometimes killing multiple birds of prey in the same location. This is both on a misuse and deliberate abuse scale, both forms being illegal and combining to put innocent wildlife and pets at risk. Brodifacoum is a product that’s usage is strictly regulated and products containing it should only be used internally or in and around buildings. You cannot shove it down holes in the open countryside as you wish. Dogs have been killed when people have done this. It is also a professional product that can require training to use. And yet here we were.

In July 2022, a search led by Derbyshire Police RCT (Rural Crime Team) and Natural England Enforcement Team with RSPB Investigations support was conducted on the moorland back at Hollingworth Clough and also a nearby farm premises. Brodifacoum was found on the search at the farm. The mammal holes re-visited also showed potential badger signs. Whether badgers were the target here back in February 2021 is something the suspect will only ever know, but it appears likely to anyone knowledgeable of wildlife persecution.

Enquiries were made by Derbyshire RCT after the search including interviews of suspects. Unfortunately, after a review, the police informed us that they could not bring criminal charges in this case. Natural England led enquiries have been also going on into issues around the usage of the brodifacoum in the area. We are grateful to the work done by both Derbyshire Police and Natural England on this case.

The mammal holes at Hollingworth Clough (RSPB)

The outcome and big picture

At an appropriate stage, the National Trust were informed of the investigation by Derbyshire Police into the crime committed on their land and on one of its grouse moor tenancies. We have also liaised with the National Trust to appraise them once it was suitable to do so. As expected, National Trust were appalled that a crime of this nature had taken place and they understood the unthinkable consequences if something had picked up the brodifacoum.

We now understand that the National Trust have recently not renewed the tenancy with the grouse moor tenant that had been in place at Park Hall and it is understood that the land will no longer be managed for shooting altogether. We are unaware at this stage if the brodifacoum incident we detected and this decision are connected. And we await further news on how the National Trust proceed with their future management of their land at Park Hall.

Meanwhile, the continued problem with the illegal usage of brodifacoum remains. It’s impact remains a huge concern across the country for our wildlife.

Lowland shoots and poison – a toxic situation

2023-02-15T15:10:00Z

By Tom Grose, RSPB Investigations Officer

On 16 February 2023, Dorset gamekeeper Paul Allen received a 15 week prison sentence (suspended for 12 months) at Weymouth Magistrates Court, Dorset after pleading guilty to the possession of dead raptors and poisons.

A poisoned Red Kite found next to a dead rat on the Shaftesbury Estate

This investigation was triggered when a walker found a dead Red Kite next to the carcass of a rat on the Shaftesbury Estate near Wimborne St. Giles in November 2020. Worried that the rat was a poisoned bait, they took the responsible step of contacting Dorset Police. Later analysis by Natural England (NE) under the Wildlife Incident Investigation Scheme (WIIS) showed that both animals tested positive for the pesticide bendiocarb, a fast-acting poison. This is now banned in most forms but frequently used to target raptors. Further forensic DNA analysis by SASA (Science & Advice for Scottish Agriculture) confirmed that the bird had fed on rat before its death. Worryingly, the kite also contained nine times the lethal dose of the rodenticide brodifacoum, the most lethal rat killer on the market, which is being increasingly detected as the cause of death in birds of prey.

The area in question was managed at that time for pheasant shooting by gamekeeper Paul Allen, a former employee of the estate and apparently also employed by another company operating on the estate at some point. In March 2021, Dorset police searched his property and surrounding land on the estate, accompanied by specialist staff from NE, the National Wildlife Crime Unit (NWCU) and the RSPB.

Police and partners search the estate

At the rear of Allen’s house they made a series of shocking discoveries. Discarded under a barrel were a pile of four dead Buzzards and, close by, the bodies of two more next to the remains of a fire. Among the ashes, the bones of several other birds were protruding. Perhaps the Buzzard bodies were intended to be disposed of here... Next to the bodies, under an old plastic pond liner, were two tins of the pesticide Cymag, banned since 2004. This incredibly dangerous substance releases hydrogen cyanide gas when in contact with moisture and was originally authorised for use to kill some burrowing animals.

Meanwhile police officers found a loaded shotgun negligently left unsecured in Allen’s house, and a box of rifle ammunition in an outbuilding. The storage of guns is strictly regulated and leaving a loaded weapon lying about was of particular concern.

The search also uncovered a toxic list of poisons in Allen’s unsecured sheds. Two bottles of the banned pesticide strychnine, improperly stored brodifacoum and an open sachet of Ficam W insecticide (which contains the active ingredient bendiocarb, banned in 2020). Three small tubs of powder were found in the footwell of Allen’s vehicle, which toxicology testing revealed to contain bendiocarb.

Further forensic analysis was then undertaken by the unsung experts at SRUC (Scotland's Rural College) and FERA (Food and Environment Research Agency) who carried out post-mortems and toxicology testing of the various exhibits in the case. This was funded by the Forensic Analysis Fund: a fund supported by the likes of Wild Justice and critical to providing ‘behind the scenes’ analysis in many previous significant raptor persecution cases.

Four of the six shot Buzzards

All six Buzzards were X-rayed and appeared to contain shot, which was confirmed at a post-mortem. One of them was fresh and had died within the previous 24 hours. Incredibly, forensic analysis showed it had survived two previous shootings before being killed by a shotgun blast at close range. Other bodies were weeks and possibly months old. The bones from the fire were sent to the Natural History Museum where an avian specialist established that they belonged to at least three further Buzzards.

Here was yet another example of a significant raptor persecution investigation, initiated through the public discovery of a dead raptor on a lowland gamebird shoot and the subsequent sentencing of a gamekeeper for possession of dead raptors and poisons. It became clear that Allen had lived on the estate for over 25 years, and enquiries indicated he had held all three banned pesticides for a number of years. Specifically, the finding of bendiocarb and the casual attitude to brodifacoum, which is all-too frequently seen, were alarming.

The story continues

I had no way of knowing but I was destined to return to the same estate only 10 months later and before the investigation had been concluded. On that occasion it was again with Dorset Police, to recover the body of a satellite-tagged White-tailed Eagle. To see this huge dead raptor up close was truly shocking, especially when subsequent toxicology results showed it was killed by seven times the lethal limit of brodifacoum – a fate only possible through an illegal act. As has been documented elsewhere, this investigation and in particular a planned multi-agency land search of the estate (to look for further evidence) was suddenly and unexpectedly closed down by Dorset Police. In light of the already ongoing significant poisoning investigation, to not look for further evidence after the finding of a confirmed poisoned eagle left us and our partners baffled. Its certain that the eagle died through an illegal act carried out by an unknown perpetrator.

A White-tailed Eagle, poisoned with seven times the lethal limit of brodifacoum

We have seen many raptor persecution cases on lowland shoots but the frequent occurrence of the highly toxic Brodifacoum and related rodenticides in raptor deaths is a significant emerging and concerning problem. In the case of Brodifacoum, it seems that abuse of this rodenticide has spiked since the ‘indoors only’ use of the product was relaxed by the Health and Safety Executive. We know from public reporting on the Government’s own data that we now need to see an urgent change to deliver tighter controls over its use, and otherwise we consider that more protected wildlife and raptor fatalities are certain.

The Birdcrime report in November 2022 found that 71% of confirmed raptor persecution incidents in 2021 were in relation to land managed for gamebird shooting. The RSPB believes there needs to be improvements to rules governing the use of rodenticides as well as enhanced regulation including licensing of gamebird shooting introduced conditional on compliance with wildlife protection laws to provide a meaningful deterrent to raptor crime.

Will we be in this situation again? Without action, almost certainly.

We’d like to thank the partner agencies mentioned above for their work securing this prosecution, particularly former Dorset Police Officer Claire Dinsdale and her Rural Crime Team. Thanks also to the Crown Prosecution Service (CPS), NE, NWCU, the Roy Dennis Wildlife Foundation White-tailed Eagle project, SASA, SRUC, FERA, The Natural History Museum, BT Archives, the PAW Forensic Working Group and Wild Justice.

Finally, a huge thanks goes to the member of the public who rightly reported the Red Kite, which led to this successful conviction. If you notice a bird of prey dead or injured in suspicious circumstances, contact the police immediately on 101 and the RSPB at: www.rspb.org.uk/birds-and-wildlife/advice/how-to-report-crimes/

RSPB joins up with wildlife vet to crack down on raptor crime

2023-01-30T09:12:00Z

The RSPB Investigations Team has launched a free online learning module for veterinary professionals, to help identify potential incidents of raptor persecution which might otherwise go undetected and unreported.

Raptor persecution (predominantly shooting, trapping and poisoning) is a UK wildlife crime priority and RSPB Investigations team works closely with enforcement agencies to tackle the issue.

X-ray of dead raptor containing several pieces of shot

The learning content covers bird of prey identification, legislation (tailored to each UK country) and clinical presentations of raptor persecution that veterinary professionals could encounter during their day-to-day work.

The team joined forces with exotics and wildlife vet Mark Naguib BVMS(Hons) CertAVP(ZooMed) MRCVS to produce the comprehensive module. Based in North Yorkshire – a notorious raptor crime hotspot - he has encountered more than his fair share of shot birds of prey.

He said: “Unfortunately, very little time is given to illegal persecution of birds of prey and wildlife crime teaching in UK vet school curricula. It is our hope that this resource will help fill that gap and give vets and nurses guidance both on how to approach these cases clinically and on dealing with the legal aspects."

Vets and Registered Veterinary Nurses (RVNs) can record two hours informal learning on their annual CPD record, which they have to maintain as part of their professional registration.

RSPB Investigations volunteer and former RVN Sarah Lowe helped produce the module. She explains: “Birds of prey in the wild are vulnerable to illness and injury through natural causes, but they are also targeted by illegal poisoning, shooting and trapping. Even if exotics and wildlife isn’t their particular interest or specialism, we would encourage all UK veterinary professionals to give this a go – it’s two hours’ free CPD and could really help them with their work one day, as well as helping wildlife and the community.”

How you can help: If your friend, neighbour or family member works in a veterinary practice, please share with them this link: A free course on bird of prey crime for veterinary professionals to let them know where they can register for the free module.

As ever, if you find a dead or injured bird of prey in suspicious circumstances, please report it to the police on 101 and inform crime@rspb.org.uk, including as much detail as possible.

Five shot goshawks found in forest: Suffolk Police and RSPB issue big appeal for information

2023-01-18T14:46:00Z

The RSPB has just issued the following press release:

Widespread shock as five shot Goshawks found dead in Suffolk Forest

Five dead Goshawks containing multiple pieces of shot found in Suffolk
The juvenile birds, which probably hatched only last summer, were found dead together in Kings Forest in Suffolk
The RSPB is offering its highest ever reward - £5,000 - for anyone who has information which leads to a conviction

Five goshawks found shot near Wordwell, Suffolk

Five young birds of prey, identified as rare Goshawks, have been found dead in suspicious circumstances in a Suffolk Forest.

The birds were discovered on Monday 16 January at the edge of Kings Forest and reported to Suffolk Police, who x-rayed the birds as part of their investigation and found all five birds to contain multiple pieces of shot.

All birds of prey are protected by law, and to kill or injure one could result in jail and/or an unlimited fine.

The RSPB is working with Suffolk Police to help identify the culprit and has offered a reward of £5,000 to anyone who comes forward with information which leads to a conviction. This is the highest amount ever offered by the conservation charity, which has described the incident as ‘Utterly despicable.’

Goshawks are elusive birds of prey, around the size of a Buzzard, with yellow eyes and streaked undersides. They live quietly in forests in a handful of locations in the UK including Thetford Forest where these birds were found.

Mark Thomas, the RSPB’s Head of Investigations UK, said: “Anyone who values the natural world and abhors those who actively and criminally look to destroy it will feel as outraged as we do about this utterly despicable incident. We are calling on anyone who has information to come forward to the police.”

The RSPB and other specialists are assisting the police with their ongoing investigation.

The illegal killing of birds of prey remains a widespread national problem. The RSPB’s annual Birdcrime report for 2021, published in November 2022, revealed 108 confirmed incidents of birds of prey being shot, trapped or poisoned. However, the true number is likely to be far higher.

The report also found that Norfolk had the highest number of confirmed raptor persecution incidents than any other county in 2021.

Sergeant Brian Calver from Suffolk Police said: “This is a serious wildlife crime against an amazing schedule one bird of prey that was once driven to extinction in Britain. There is no place for such activity in modern times. Whoever is responsible for this needs to be brought to justice and I’d urge anybody with any information whatsoever to let us know.”

If you have any information, please call Suffolk Police on 101 and quote crime reference 37/3027/23. Alternatively, to get in touch anonymously, call the RSPB’s dedicated Raptor Crime Hotline on 0300 999 0101.

ENDS

Reflections on a poisoning

2022-11-04T12:12:00Z

By Tom Grose, RSPB Investigations Officer

One of the buzzards found illegally killed at a pheasant shoot in Norfolk

On 5 October 2022 gamekeeper Matthew Stroud was convicted of a litany of offences at Norwich Magistrates Court. He pleaded guilty to the killing six buzzards and a goshawk, placing poisoned baits, possession of the banned poison strychnine hydrochloride and the illegal release of gamebirds onto a Special Protection Area (SPA), along with sundry other offences.

Previous cases of this nature have been acknowledged to have crossed the custody threshold by the court (see John Orrey and Allen Lambert). So it was expected that Stroud was facing at the least a suspended prison sentence. The 200-hour community work order and financial penalties totalling £1220 he was given were accompanied by a sense of frustration by those involved in the case, and by shock and outrage by those who learned about it in the media or on social media. Not for the first time….

The long-running investigation that led to Stroud’s prosecution was a shining example of partnership working in action. Initial painstaking fieldwork by RSPB Investigations Officers sparked swift and decisive action by Norfolk Police upon the discovery of a suspected poisoned bait. A combined operation involving the National Wildlife Crime Unit and Natural England alongside the RSPB ensued. A warrant was executed and vital evidence recovered. Then came months of meticulous work involving a long list of dedicated professionals. X-rays, post-mortems, poison testing, feather analysis and police interviews all had to be carried out before the case file could be passed to the Crown Prosecution Service (CPS) and the charges laid. The CPS themselves provided guidance and were of enormous help in the run up to court.

On the day of the hearing itself, the prosecution was able to lay the stark facts of the case before the magistrates. In 2022 a man was jailed for 16 weeks for killing two gulls. So why did Stroud receive far less?

A pheasant bait laced with the banned, toxic chemical strychnine

Unfortunately, it seems that the lack of sentencing guidelines available to the courts is at the heart of the matter. We’ve encountered this issue before, with magistrates and judges left without clear principles to follow when deciding how to sentence these relatively rare and complex cases. Each time a raptor killer is in court, it turns into a sentencing lottery. Clearly these guidelines must be put in place to deal with wildlife offences. The killing of so many protected birds, including a Schedule 1 species (the goshawk), and the deliberate use of a banned poison as dangerous as strychnine surely warranted a heavier punishment. This is hardly a deterrent to other wildlife criminals.

Another issue that keeps rearing its head is the lack of any consequences for Stroud’s employers. When a gamekeeper is found to be killing birds of prey it is normally due to pressure to produce enough gamebirds to shoot, and indeed Stroud admitted his motivation was to protect the pheasants in his care. In most other sectors the employer would face repercussions for the actions of staff. This isn’t the case in the English and Welsh shooting industries. Whilst vicarious liability has been introduced into Scotland, we need to see it implemented across the UK.

A shot goshawk

More positively, Stroud was the first person convicted of illegal gamebird release. The impact of non-native pheasants is poorly understood but of increasing concern. To illegally release them on the Breckland SPA, supposedly an area of international conservation importance, showed a callous disregard for the environment. Alongside the potentially harmful effects of over 60 million gamebirds released into our countryside annually, it’s clear that raptor persecution is a serious issue for lowland shooting.

It’s certainly not the case that raptor persecution is an issue confined to upland grouse moors. Cases like this one (and there are others ongoing), coupled with concerns over the release of non-native gamebirds, are why the RSPB is now calling for greater regulation of large-scale pheasant and partridge shoots. Clearly, self-regulation is not working, and current legislation is not enough. We also call on the courts to make full use of the sentences available to them.

We would like to thank all of those involved in securing this conviction, and particularly PC Chris Shelley of Norfolk Police for his hard work in leading the investigation. Although we are disappointed by the outcome, it has been heartening to work alongside officers and organisations who remain committed to stopping raptor persecution.

Gamekeeper fined for pesticide offences after illegally killed birds of prey found on pheasant shooting estate

2022-06-13T14:13:00Z

A gamekeeper has been fined for pesticide offences after a shot buzzard, a poisoned red kite, a poison bait and banned pesticides were found on a pheasant shooting estate in Llanarmon Dyffryn Ceiriog.

A shot buzzard found dead on the North Wales pheasant shooting estate

On 6 June 2022 at Wrexham Magistrates’, David Matthews - a gamekeeper on the McAlpine Estate - pleaded guilty to one charge relating to the possession of unauthorised pesticides. He received a total fine of £219.

In February 2021, members of the public found a dead red kite by a public access path on the estate (see below; right). Toxicology tests revealed the bird had been poisoned with bendiocarb, a banned product which is regularly associated with poisoning birds of prey.

When RSPB Investigations Officers subsequently visited the site, they found a dead buzzard inside a pheasant release pen (above). When the body was X-rayed, a piece of shot could be seen lodged in the bird’s skull.

North Wales Police, Welsh Government, the National Wildlife Crime Unit and the RSPB searched the estate again in October 2021 and discovered a number of both legal and illegal pesticides stored in an unlocked outbuilding. The remains of a pheasant, found in a game bag on a bonfire site inside a pheasant release pen, tested positive for bendiocarb. Another dead buzzard was too badly decomposed to be tested.

The court heard that Matthews had been a gamekeeper for nearly 50 years, 25 of which had been spent on the McAlpine Estate. His defence argued that he was not aware he had committed an offence.

It remains unknown who killed the buzzard and the kite.

Niall Owen, Investigations Officer for RSPB Cymru, said:

“This was the worst case of illegal pesticide storage we have ever seen. We encountered an unlocked barn containing 18 highly toxic products including Cymag - a product that has been banned since 2004. Anyone could have entered the barn, with unthinkable consequences.

“Yet again, a gamekeeper has been convicted of pesticide storage offences as a result of an inquiry centred on an illegally poisoned bird of prey. The defendant has been a gamekeeper for 50 years yet his actions were irresponsible and represented a serious risk to wildlife, people and pets. We believe this sentence does not reflect the serious nature of this crime or provide a realistic deterrent.

“It is becoming clear that raptor persecution is not just an issue on English and Scottish grouse shooting estates, which is why the RSPB is calling for better compliance with existing regulations and better self-regulation on pheasant and partridge shoots across the UK. If significant progress is not seen by October 2022, we will call for further regulation.

“Reports and information provided to us by the public are invaluable in helping uncover raptor persecution offences, so please be our eyes and ears and report anything suspicious to the police on 101 and by emailing us at crime@rspb.org.uk”.

Bringing up the bodies

2022-06-01T12:36:00Z

Gamekeeper Archie Watson

On 1 June 2022 at Swindon Magistrates’ Court gamekeeper Archie Watson (21) received a 12-month community order to carry out 180 hours unpaid work and told to pay £393 costs for pleading guilty to offences relating to the possession of five buzzards and three red kites. This conviction was the conclusion to a complex multi-agency raptor persecution investigation involving the largest number of dead birds of prey ever found in England.

Perhaps more than most, this case graphically illustrates the horrors of raptor persecution in connection with gamebird shooting, and the urgent need for action.

In August 2020, RSPB Investigations Officers made a shocking discovery near Beckhampton in Wiltshire. Following a tip-off, they came across an innocuous-looking manhole cover on the edge of a field. They installed a remote, covert video camera to monitor the site.

Three days later, they returned under the cover of darkness and lowered an action camera and light down into the well – to discover a sight that would have turned even the strongest stomach.

Investigations Officer Jack Ashton-Booth was at the scene.

“Part of me knew what to expect given the intelligence we had received, but I wasn’t at all prepared for the scale of what was at the bottom of these rumours. After lifting the cover to the well, I was hit by a gut-wrenching warm air flow and the overriding smell of death. My colleague lowered the camera into the well shaft and a few long seconds passed before the severity of this investigation struck me. There at the bottom was a lifeless mass of raptor corpses and parts. It was a horrific sight.”

A review of the covert camera footage revealed that a man – later identified as gamekeeper Archie Watson – dropped a dead buzzard down the well. He made 13 visits in total, on some occasions preceded by the sound of gunshots.

“At this point we had enough evidence to contact Wiltshire Police. On 23 September a large-scale multi-agency operation took place with Dorset and Wiltshire Fire & Rescue, Hampshire Constabulary Specialist Search Team, National Wildlife Crime Unit, Natural England and the RSPB.

“We had no idea exactly how many dead birds of prey were down the well, and it needed some serious thought as to how we were going to recover the contents. Soon it became clear that someone would have to physically go into the well to bring up the bodies, so we could see the extent of what we were dealing with.”

A winch was set up and the well was ventilated as two specialist police officers from Hampshire Constabulary were carefully lowered into the narrow well shaft. Twice the toxic gas alarms went off, and they had to be winched out again. But eventually they retrieved two full bags of fetid animal remains to be sorted through and identified. Further liquefied contents deeper down the well were unable to be extracted or identified.

“My colleague Tom then had the unpleasant job of sorting through the mass of bones and feathers. The summer temperatures had been a catalyst for decomposition and he had to work meticulously through the putrefied layers to identify individual animals and birds.”

Photo comparisons of the corpses, detailed feather analysis and skull examination at the Natural History Museum, along with the video evidence, confirmed the body-count as at least four red kites, 11 buzzards and one large gull.

This makes it the largest number of birds of prey ever involved in an English raptor persecution investigation.

A search of Watson’s vehicle revealed three firearms offences and a small container labelled ‘Ant powder’. Toxicology tests confirmed this to contain bendiocarb, which is regularly associated with poisoning raptors. Also in his possession were two British Trust for Ornithology (BTO) rings which had been originally fitted to a buzzard and a red kite.

In court Watson said he had found the dead birds of prey on the estate, a point questioned by Magistrates.

It’s becoming clearer that raptor persecution isn’t just an uplands issue. The RSPB’s Birdcrime report for 2020 showed there were even more incidents of raptor persecution in connection with pheasant and partridge shooting (46 of 137 confirmed incidents) than grouse shooting in the uplands (38 of 137).

With more than 60 million non-native gamebirds being released into the UK countryside every year, this industry has reached unsustainable levels. The RSPB believes that regulation of the larger intensive shoots increasingly looks like the only way to drive up environmental standards and limit overall release numbers.

We are also calling for stronger sentences to be handed out to better protect birds of prey from persistent illegal killing.

Jack concluded: “The sight of those corpses at the bottom of the well, then laid out ‘en masse’ on the tarpaulin as rain beat down, is something that will be etched on our minds for a long time. For something as dignified as a bird of prey to end up in a subterranean mass grave is a sign of something deeply wrong. We are grateful to the person who alerted us to this activity, and the incredible support received from partners in bringing this case to court.”

The RSPB would like to publicly acknowledge all the work from Wiltshire Police, Hampshire Constabulary Specialist Search Team, Dorset and Wiltshire Fire and Rescue Service, CPS, NWCU, NE, Health and Safety Executive, Fera and the NHM. A special thanks is due to the members of the public (you know who you are) who provided essential information. The eyes and ears of the public continues to be key in reporting cases and getting cases to court.

Buzzard found shot dead in Peak District

2022-03-04T13:01:00Z

Image credit: Peak District Raptor Monitoring Group

The body of the bird was discovered in woodland at Langsett, within the Peak District National Park, an area sadly tainted by systematic raptor persecution

South Yorkshire Police and the RSPB are appealing for information after a buzzard was found shot dead in the Peak District National Park.

The body of the bird was discovered in woodland at Flouch, near the popular visitor hotspot of Langsett in the Peak District National Park, in March 2021. The finder, a volunteer for the Peak District Raptor Monitoring Group, reported it to the police. Post-mortem examination revealed that the bird had been shot by a shotgun.

There have been several incidents of raptor persecution in this area, including a raven poisoned with the banned substance Aldicarb found on a nearby grouse moor in 2018. And recently, in February 2022, South Yorkshire Police, the RSPB and the National Wildlife Crime Unit conducted a search for a missing hen harrier in the Stocksbridge area. An investigation is ongoing.

Buzzards and all other birds of prey are legally protected by the Wildlife and Countryside Act 1981. To intentionally kill or injure one is a criminal offence and could result in an unlimited fine or up to six months in jail.

Tom Grose, RSPB Investigations Officer, said: “Here is yet another bird of prey which has been found shot dead within the National Park. This area of the Peak District is a place where people come to enjoy nature, yet it is one of the UK’s number one raptor crime hotspots. This simply cannot continue. Bringing persecution to an end inside and outside these landscapes will require government action, and we echo the recommendations found in the recently published UN wildlife crime report including the implementation of licenses for driven grouse shooting, which can then be revoked if raptor persecution is found to have occurred.”

The RSPB’s most recent Birdcrime report showed that 2020 was the worst year in 30 years for the illegal killing of birds of prey, and that two-thirds of confirmed incidents were in connection with land managed for gamebird shooting.

In 2018, a paper published in the scientific journal British Birds proved a statistically significant association with land burnt for driven grouse shooting and persecution of birds of prey in the Peak District National Park. This, along with police intelligence and population studies of key raptor species, shines a bright light on the systematic killing of birds of prey in the Dark Peak.

Wildlife Crime Officer Liz Wilson said: “Raptor persecution is a national wildlife crime priority and we will endeavour to ensure that those responsible for such heinous crimes are brought before the courts.

“We are lucky to have beautiful areas to enjoy, but these areas are home to wildlife and animals, and must be respected.

“We are now appealing for information following the death of a buzzard near to Langsett Barn and urge anyone with information to come forward. If you can help, please call 101 quoting incident number 14/44228/22.”

Steve Davies of the Peak District Raptor Monitoring Group added: “Here is yet another case of illegal raptor persecution tainting the image of the Peak District National Park. Wildlife Crime enforcement needs more teeth to enable it to be a successful deterrent. Licencing of shooting estates and the introduction and effective implementation of vicarious liability legislation, including suspension and clawback of any associated agricultural subsidies, would directly impact on the shooting estate landowners or shooting tenants and estate managers who are ultimately responsible and benefit directly from game shooting.”

If you find a wild bird of prey which you suspect has been illegally killed, phone the police on 101, email RSPB Investigations at crime@rspb.org.uk or fill in the online form: https://www.rspb.org.uk/our-work/our-positions-and-campaigns/positions/wildbirdslaw/reportform.aspx

Alternatively, if you have sensitive information about raptor persecution which you wish to tell us about in confidence, please ring our confidential raptor crime hotline on 0300 999 0101. This is for reporting information relating to birds of prey only.

Time to step up for birds of prey

2022-02-15T17:05:00Z

By Katie-Jo Luxton, RSPB Global Conservation Director

A recent UN report, commissioned by Defra, and subsequent responses to Parliamentary Questions continue to cast serious concerns about the resolve of the Westminster government to tackle raptor persecution and other areas of wildlife crime.

In March last year Defra announced the UK as the first G20 country to have invited a UN-backed assessment of wildlife and forest crime using the United Nations Office on Drugs and Crime (UNODC) toolkit.

The toolkit - covering legislation, enforcement, judiciary, prosecution and prevention - would provide a comprehensive analysis of our legal system.

Speaking at the launch, Environment Minister, Minister Rebecca Pow, stated ‘We requested this assessment to help build on our progress and will look closely at the recommendations, working with key stakeholder groups to inform a cross-government response. Together we can reduce these horrific crimes for the benefit of our biodiversity, our precious habitats and our rural communities for generations to come’.

This could be a great thing for birds of prey, which continue to endure relentless persecution. But only if the recommendations within the document are put into practice.

Several statutory agencies, the RSPB and others were consulted for the report. Then, on a Friday before Christmas, the UNODC report was published along with a promise that ‘The Government will now consider the recommendations to ensure our legislation and enforcement of wildlife crime is as strong as it can be’. Behind the positive rhetoric is a rather more sobering read: a 209 page report with its 72 recommendations. There is no doubt we should be grateful for the work being undertaken in the UK to tackle wildlife crime by many organisations and individuals, including the Border Force CITES Team, the National Wildlife Crime Unit (NWCU), many committed UK police Wildlife Crime Officers (WCOs) plus the vital support from numerous NGO partners.

However, as the report outlines, there is much to do, and the government now needs to turn their words into actions.

The UNODC report is a clear call to arms – the government now need to step up to the plate

Call to arms

Amongst the 72 recommendations are eight on raptor persecution. The report confirms the involvement of Organised Crime Groups (OCGs) in raptor persecution and other wildlife crime. Whilst Scotland has been the most progressive part of the UK in trying to improve the public accountability of intensive grouse shooting and with the aim of stopping raptor crimes, the report points out that discrepancies with sentencing, vicarious liability, possession of pesticides and disqualification powers are unhelpful. We believe that some ‘levelling up’ is clearly needed to get the best standards of legislation, enforcement and sanctions across the UK.

We see the key recommendations as ‘To enhance powers of licensing authorities to revoke licences for gamebird shoots or amend those licences where abuse occurs with a proven link to estate management’. Whilst no such licensing currently exists across the UK,(though it is planned soon in Scotland), this is a clear call to arms. The RSPB and others have been advocating for many years the need to licence driven grouse shooting to try to push up environmental standards to reduce habitat damage and the illegal killing of raptors and other wildlife. In mentioning all gamebird shoots, the UNODC report goes beyond our current position, and the RSPB will consider this as part of our ongoing review of gamebird shooting.

The lack of any meaningful accountability for the employers/managers of those killing raptors remains the key obstacle to effectively tacking raptor crimes. It is abundantly clear the industry cannot self-police, their declaration in January 2020 of ‘zero-tolerance’ for these crimes, contrasts markedly with the unprecedented number of confirmed raptor persecution incidents in 2020 (see the Birdcrime report and a number of more recent incidents and prosecutions, including the recent brutal killing of two buzzards.

Crimes like the recent brutal killing of two buzzards highlights the problem is simply not going away

Questions in the house

On 1 February 2022, written questions were submitted by Labour MPs Kerry McCarthy and Alex Sobel. These asked, with reference to UNODC report, what steps would be taken to strengthen accountability of estate management for raptor persecution and what the implications were for the licensing of gamebird shoots. Rebecca Pow supplied similar responses, welcoming the report and conceding there was more that could be done. On licensing, she responded simply it was a devolved matter with currently no such requirement in England. Again, there was assurance that all the recommendations would be carefully considered.

On the 3^rd, during a debate in the House of Lords, Baroness Hayman of Ullock (a life peer serving as Shadow Spokesperson for Environment Food & Rural Affairs) asked similar questions about accountability and licensing, referencing the recent buzzard killing case. Lord Benyon (appointed last year as a Parliamentary Under Secretary of State for Defra), appeared to dodge the question, mentioning only the current sanctions available under the law and finishing with the sentence ‘They represent a very small proportion of a sector that does enormous good for conservation and wider natural wildlife benefits in this country’.

A report has been commissioned, recommendations provided and assurances given – but when will we see the required firm Government action?

As if to highlight this whole issue, on 10 February came the shocking news of that two of the white-tailed eagles from the Isle of Wight reintroduction project had been found dead. This incident was understandably covered widely in the media, and we await the results of the forensic tests to establish the cause of death.

One of two white-tailed eagles recovered in southern England – we await forensic tests with concern

What will it take?

As outlined by our Investigations team only a couple of months ago, what exactly will it take for the government to step in and take the necessary measures to protect our birds of prey? In our view this can only be achieved through the enactment of vicarious liability (another measure already in place in Scotland), and licensing of grouse moors including firm sanctions to remove such licences in the event of confirmed criminality against birds of prey and other wildlife by the Police. Otherwise we suspect the grim death toll of raptor victims will continue to rise.

Time to walk the walk

Successive governments have ‘talked the talk’ for decades on raptor persecution and other wildlife crime. But set amongst the backdrop of the deepening climate and ecological emergency, with UK as one of the most nature depleted countries in the world, these words sounds increasingly hollow. Having commissioned the UNODC report, which endorses what we and many others with good knowledge of the level and location of wildlife crime on the ground have wanted for decades, it really is time to ‘walk the walk’. We await further concrete announcements of what the government actually plan to do, and of course specifically in relation to the deaths of two sea eagles, if they are confirmed to have been illegally killed, with great interest.

Keeper caught on camera killing buzzards in cage trap

2022-01-28T13:08:00Z

By Tom Grose, RSPB Investigations

Today a gamekeeper has received a total of 20 week’s imprisonment suspended for one year and a £1000 fine after he was caught on camera killing two buzzards in the space of two days, on a pheasant shoot in Nottinghamshire. Investigations Officer Tom Grose takes us through the story, from the beginning.

Shortly before New Year 2021 two members of the public found a live buzzard in a cage trap while out walking near Kneeton, Nottinghamshire. Concerned, they took a short video and emailed the RSPB. Under strict licence conditions these traps can legally be used to control corvids such as crows and magpies. Any non-target species should be released unharmed during daily checks.

The day after receiving the report, I visited the area in question and soon located the trap, on the edge of a wood. I noticed two disused game feeders and several spent shotgun cartridges.

There was a buzzard trapped inside. It wasn’t clear at the time whether this was the same buzzard that had been reported, but the fact that it could have been in the trap for days, without water or shelter, in freezing weather was a concern. The vegetation around the trap seemed to have been trampled, as though someone had been there. I also noticed the carcasses of a pheasant and two stock doves (a protected species) on the floor in the trap. The weather was freezing, and there was no water or shelter in the trap. So I released the buzzard due to concerns for its welfare and installed a covert remote camera.

Not knowing how long this buzzard had been trapped in the harsh weather, the RSPB released the bird

A few days later I returned with a colleague. The trap was empty, but I could see the knot securing the door had been retied since my last visit. Someone had visited. What was more concerning was the presence of two buzzard feathers on the ground outside the trap...those hadn’t been there before. I returned home to examine the footage, and what I saw was hard to watch.

The same man returned and beat the second buzzard to death in the same brutal way

The covert video footage showed a buzzard flying into the trap and feeding on the carrion inside. It was still there by first light the next morning (8January) when a green 4x4 vehicle appeared. The driver’s door opened and the buzzard began flapping around inside the trap, clearly unable to escape. The man walked around the trap, looking at the buzzard, then returned to his vehicle and produced a slash hook, a bladed tool with a long wooden handle. He entered the trap and used this instrument to brutally beat the buzzard to death. You can hear all nine blows clearly on the recording. Then he carried the body of the buzzard, its head hanging limply down, back to his vehicle.

Later, another, paler buzzard became caught in the trap. The following day, the same green 4x4 appeared and the same man entered the trap, and just as before, he bludgeoned the bird to death.

The killing of these two buzzards - in what appeared to be such a routine way - was truly shocking, even to those like me who deal with raptor persecution almost every day.

Watch the footage here - WARNING - contains distressing images.

www.youtube.com/watch

We notified Nottinghamshire Police who swiftly identified the suspect as John Orrey, a gamekeeper on a pheasant shoot on the land in question. A warrant was obtained to search his premises. In a barn close to his home was the same green 4x4 with a long-handled slash hook in the boot. The bodies of the buzzards had gone, likely disposed of. Chillingly, a search of the land revealed a second set cage trap, containing carrion bait that appeared to have been fed on. Subsequent veterinary examination of the two stock dove carcasses recovered from the trap showed that they had both been illegally shot. Later examination of the video footage confirmed the buzzard I had released was not the one originally seen in the trap. The fate of that bird remains unknown.

The same green 4x4 and slash hook were found at the suspect's address

On 28 January 2022 Orrey, 63, of Hall Farm Kneeton was sentenced at Nottingham Magistrate’s Court. He had earlier pleaded guilty to four firearms offences, regarding the storage of weapons and ammunition, plus five offences under the Wildlife and Countryside Act 1981. These related to unlawful use of the cage trap, possession of the slash hook, killing two buzzards and possession of the two stock doves.

For each buzzard he received an 18-week suspended sentence to run concurrently and a £500 fine for each bird. He was also ordered to pay £650 costs and £50 victim surcharge, and £180 compensation to the Wildlife Forensic Working Group.

Whilst this footage is truly shocking, it is not the first time we have captured such material, and likely won’t be the last. Following on from our recently published Birdcrime 2020 report it yet again highlights the continuing persecution of birds of prey and the abuse of cage traps on land managed for gamebird shooting.

In December 2021, a UN assessment on UK wildlife crime, requested by Defra, was published. It includes several key recommendations on raptor persecution which need to be taken forward urgently. This includes stronger regulation of the shooting industry, something RSPB and others have been advocating for many years, and to allow for the removal of licences to use these traps. We believe this is necessary to stop more birds from being illegally killed. In the current climate and ecological emergency, we want UK governments to take forward the UN recommendations as soon as possible.

Cage traps in the spotlight across the UK

2022-01-13T11:53:00Z

At the end of this month a gamekeeper from Nottinghamshire will be sentenced for several offences including the intentional killing of two common buzzards which were caught in a crow cage trap during harsh weather in January last year. This, and three other recent cases, have once again brought into sharp focus the concerns about the persistent misuse and abuse of these traps for the illegal taking and killing of birds of prey on land managed for game bird shooting.

Cage traps can be used legally under various government general licences to catch and kill certain birds, such as crows and magpies, for specific reasons. General Licences have come under particular scrutiny in recent years following legal challenges by Wild Justice. The conditions between the four UK countries vary significantly, with Scotland continuing to have the most progressive licences.

In general, if non-target birds, such as raptors, become accidentally caught they must be released unharmed. However, this is clearly is not happening and in early 2020 I wrote a blog ‘Licence to kill?’ which highlighted concerns about raptors being caught and killed in cage traps and the continuing lack of accountability for trap operators. Several cases involving trapped buzzards were highlighted, and that table has been updated at the end of this blog.

Scotland - still leading the way

In November 2021, a gamekeeper in Scotland, with over 30 years’ experience, was fined a fairly derisory £300 after pleading guilty to recklessly killing a barn owl and a goshawk. The birds had got into an unattended but still set cage trap and ultimately died from starvation. The Scottish General Licences clearly state that when a trap is not in use the inspection door has to be physically removed or padlocked in the open position. There is also a requirement for traps to be tagged and registered with NatureScot. So it was clear the trap had not been properly disabled and the police had an obvious line of enquiry to locate the trap operator. However, Scotland can’t rest on their laurels just yet, as there are still concerns about some of the target species on their licences and the conditions, including the time of year that traps can be operated.

This recent blog also highlights other concerns about disqualifications from using General Licences.

This barn owl, and a goshawk, died in a cage trap from the lack of food and water after the trap had not been properly disabled (Stuart Spray).

England – still lagging behind

In December a part-time gamekeeper was fined a more substantial £800 after a sparrowhawk starved to death in a cage trap in Cheshire. The operator accepted not leaving the inspection door securely in the open position, though it was suggested some unknown person had reset the trap. Particularly interesting was the observation from the defence that it would be better if the licence conditions directed the inspection door to be physically removed.

This sparrowhawk starved to death inside a cage trap – better General Licence conditions could have prevented this (Jack Ashton-Booth RSPB)

In numerous other cases no court action has been possible because trap operators could simply not be identified, or the operator claimed that somebody else had reset the trap resulting in the death of a bird being accidentally caught. The RSPB, and others, have repeatedly asked Natural England (NE) for the straightforward disablement conditions used in Scotland to be used on the English licences. For unexplained reasons this has not happened – the price of a few padlocks doesn’t seem too much to ask. Similarly, the process of trap marking and registration, which seems an obvious way forward to improve accountability for trap operators and help enforcement agencies when offences are identified, has yet to be adopted.

In many cases, it is only with the use of RSPB covert surveillance to identify trap operators and confirm offences, that prosecutions have even been possible. The graphic footage in relation to the case at the end of this month will once again highlight this. So, it is with some irony that elements within the game bird industry continue to object to the admissibility of such surveillance evidence in court, yet at the same time do not support trap marking and registration to identify irresponsible trap operators. NE clearly needs to take a firmer line to help reduce the numbers of raptors dying through the misuse and abuse of these traps and help the police and CPS investigate and prosecute offenders.

Wales – still hoping for improvement

During 2021 a review of Welsh General Licences by Natural Resources Wales (NRW) took place. The RSPB made numerous recommendations, and we very much hope they will use this opportunity to improve the licences to address the issues raised in this blog. A case from April last year again highlights our concerns. A member of public found a crow cage trap on sheep grazing farmland in North Wales containing a buzzard, a red kite and multiple crows. The finder released all the birds and reported it to us.

As with all cage traps outside Scotland, without marking and registration it can far more difficult, often impossible, to identify the trap operator. A visit by my colleague Niall Owen confirmed the presence of a lamb carcass, which should have been properly disposed of and not used as bait, along with two carrion crows. A week later the trap held two crows and a buzzard plus the bodies of two further crows. To identify a trap operator, and to determine whether the licence conditions were being complied with, a covert camera was installed for a couple of days. At this point, there was no clear contravention of the licence conditions. The buzzard was in good health, so it was left in situ and provided with fresh water and food just in case visits were not made. One dead crow was seized and sent off for a post-mortem. Two days later the buzzard was still present, thankfully alive and well, so was released unharmed. We informed North Wales Police who identified the farmer operating the trap and ensured it was rendered incapable of trapping.

RSPB released this buzzard when it was clear the cage trap was not being operated lawfully (Niall Owen RSPB).

The post-mortem on the carrion crow confirmed the bird had died of starvation, confirming further breaches of the licence conditions and animal welfare regulations. Had the original finder and ourselves not released the trapped birds, we fear they would have met the same fate. This case was about negligence rather than any deliberate targeting of birds of prey, and following the police investigation, the operator was given a Community Resolution Order. This had a requirement that they could not operate cage traps until a suitable course has been attended.

NRW have a clear opportunity to help reduce the unnecessary deaths of raptors and other birds and make operators suitably accountable. This seems entirely reasonable and proportionate and we very much hope they will take on board the recommendations made by the RSPB and others.

Northern Ireland – still a distant fourth place

There has been concern for many years that the quality of the NI General Licences is well below the standard of other UK countries. The Department of Agriculture, Environment and Rural Affairs (DAERA), the licensing authority, started a consultation last year but then withdrew this. There then followed a legal challenge by Wild Justice and in December DAERA conceded the issue of three General Licences allowing the killing of wild birds was unlawful and provided assurance that interim licences would be issued and a full consultation would be launched in due course. We hope these licences will be dramatically improved in the near future.

And finally

The importance of the public as our eyes and ears in the countryside, as shown by the table below, remains vital in tackling the misuse and abuse of these traps. As always, we would advise people not to damage or interfere with lawfully operated cage traps. If you have concerns about their legitimacy, perhaps where birds of prey are caught, please contact the police and ourselves via our dedicated online report form here. Our hotline 0300 999 0101 is also available for people who want to report in more confidence.

Whilst we await the Nottinghamshire sentencing result at the end of the month, as if to further highlight that this problem is not going away, we have recently initiated another significant investigation in England and have supplied police and NWCU with yet more disturbing video footage. Unfortunately, you have to wonder how many more cases, and unnecessary deaths, will it take for all the UK licensing authorities to step up and give our wildlife the protection it deserves?

A summary of cases involving buzzards found in cage traps

Date	Associated land use	Outcome
Feb 2004	Pheasant shooting (England)	Member of public found buzzard in cage trap. RSPB did surveillance - two gamekeepers arrived, one immediately killed buzzard with a stick. Both found guilty of killing the buzzard and fined £2000.
April 2006	Driven grouse moor (Scotland)	Member of public found buzzards in cage trap RSPB did surveillance – gamekeeper arrived and shot two birds with a rifle, bodies buried down rabbit holes. These were recovered along with 11 other dead buzzards inside nearby rabbit holes. Pleaded guilty to killing two buzzards – fined £200.
April 2008	Driven grouse moor (England)	Member of public found buzzard in cage trap. RSPB surveillance over three days recorded no visits. Supplementary food provided and buzzard released unharmed by RSPB. Remains of two buzzards found near trap – suspected starved/killed following being caught in the cage trap. Trap operator identified but no further action by police.
Dec 2012	Pheasant shooting (England)	Members of public found buzzards in cage trap. RSPB installed surveillance camera. Buzzards released unharmed by RSPB and public after 24-hour period. No trap visit recorded during 11 days. Gamekeeper later cautioned re illegal use of trap.
Feb 2013	Pheasant shooting (England)	Members of public found buzzards in cage trap. RSPB installed surveillance camera. This recorded two buzzards beaten to death by a part-time gamekeeper. He also admitted killing c10 other buzzards in recent years in the same trap. Received suspended sentence following a guilty plea to killing seven buzzards.
April 2014	Driven grouse moor (Scotland)	RSPB found buzzard in cage trap and installed surveillance camera. Buzzard released within 24 hours.
January 2019	Driven grouse moor (Scotland)	RSPB found buzzard in cage trap and installed video camera. Later review showed that on the evening of the following day during darkness a vehicle arrived. Person entered trap, believed to have killed buzzard, and body taken away. Suspect not identified.
March 2021	Driven grouse moor (England)	Members of public found buzzard in cage trap. RSPB installed surveillance camera. Buzzard present for at least 15 hours. The bird was released unharmed but the fact two men, presumed gamekeepers, arrived on a nice day with their faces fully covered may indicate the trap had not been checked for more than the required 25 hours.
April 2021	Farmland for sheep (Wales)	Following report from public, a buzzard later found in a cage trap. RSPB installed surveillance camera and provided fresh water and food. Buzzard present for at least two days before being released unharmed by RSPB. Farmer received Community Resolution Order with requirement for suitable training.

Man fined after sparrowhawk starves to death in trap

2021-12-16T17:05:00Z

An amateur gamekeeper has received an £800 fine after a sparrowhawk starved to death in a trap in Cheshire.

Photo credit RSPB

At Manchester Magistrates’ court today (16 December 2021), Hilton Prest pleaded guilty to unlawfully using a trap on or before 10/2/21 contrary to Sec 5(1)(b) of the Wildlife and Countryside Act. He was fined £800 (plus £85 costs and £80 victim surcharge). A charge against a second man was discontinued.

On 10 February 2021, a member of the public found a sparrowhawk alive in a cage trap on land managed for gamebird shooting near Bosley. Cage traps are large mesh traps designed so a bird can get in but not out. They can be used legally, under license, to control crows, and must be checked every 25 hours. Any non-target birds caught accidentally must be released unharmed during daily inspections. When not in use the doors on such traps must be removed or secured open so birds cannot be caught.

There was snow on the ground and no shelter or water for the bird. The door to the trap was closed, so the member of the public opened it slightly, hoping the sparrowhawk would escape. Concerned for the bird’s welfare, they later provided the trap’s location to the RSPB.

The juvenile sparrowhawk became caught in a crow cage trap during freezing weather in February 2021

RSPB Investigators attended the following day, 17 February, however they found the sparrowhawk (later confirmed as the same bird) dead inside the trap. There were also the remains of a blackbird, which had presumably attracted the sparrowhawk inside, and some grain, which had presumably attracted the blackbird. Despite the door being ajar, it appeared the sparrowhawk had been unable to escape and starved to death.

Cheshire Police were notified and the body of the bird sent for post-mortem examination. A veterinary pathologist confirmed the bird had died of starvation and would have experienced considerable unnecessary suffering inside the trap. (The veterinary work was funded by money from Wild Justice, provided to support such cases, and administered by the PAW Forensic Working Group.) Two men were later interviewed by the police and reported for offences in relation to the unlawful use of the trap.

District Judge Mr Jack McGarver said that he accepted that the act was careless rather than reckless or intentional, but that the degree of carelessness was high, and that it was well below the standard that was expected.

He added: “The sparrowhawk is a beautiful native creature which is entitled to be protected.”

Tom Grose, RSPB Investigations Officer, said: “An unattended set trap in in sub-zero temperatures was a death sentence for both birds.

“If a trap is no longer in operation, it must be disabled in such a way that no bird can become caught. The operator has a duty of care to ensure that this happens, and that no birds can become caught inside. This duty of care was not met.

“This is yet another example of why Natural England must improve the general license conditions for disabling these traps, in line with conditions in Scotland. We are aware of a number of other birds, including buzzards and a goshawk, that have starved to death inside cage traps which appear not to have been properly disabled. In this case, a simple padlock securing the door wide open would have saved the life of this blackbird and this sparrowhawk. This needs to be addressed to ensure no more birds perish in this sad and wasteful way.”

If you find a wild bird of prey which you suspect has been illegally killed, or a trap with a bird of prey caught inside, phone the police on 101, email RSPB Investigations at crime@rspb.org.uk or fill in the online form: https://www.rspb.org.uk/our-work/our-positions-and-campaigns/positions/wildbirdslaw/reportform.aspx

Gamekeeper given community order for pesticide and firearms offences

2021-11-08T17:33:00Z

A part-time gamekeeper has been given a community order and ordered to pay £200 costs, having previously pleaded guilty to six charges in relation to pesticide and firearms offences.

Police searching Leech's property

Shane Leech, 33, of Maids Cross Hill, Lakenheath, Suffolk was sentenced today (8 November) at Ipswich Magistrates’ Court, following the report of an illegally poisoned buzzard. Leech was given a Community Order of 80 hours unpaid work, ordered to pay £105 costs and a £95 Victim Surcharge.

In September 2020 a dead buzzard and wood pigeon carcass were found on farmland near Lakenheath, Suffolk. Mr Leech runs a pheasant shoot nearby. Toxicology tests later confirmed the buzzard had been illegally poisoned by the pesticide bendiocarb, having fed on the pigeon which had been laced with the same toxic substance.

Following the toxicology results, on 18 January 2021 Suffolk Constabulary assisted by officers from Natural England and RSPB Investigations undertook a search at Leech’s home in Lakenheath. In an unlocked outbuilding, they discovered two tubs of the pesticide Ficam D, the active ingredient of which is bendiocarb. Bendiocarb is one of the most commonly-abused substances in cases of bird of prey poisoning. A number of firearms were also seized.

The police search continued on nearby farmland where Leech operated his pheasant shoot. A number of agricultural pesticides were found in inappropriate storage conditions, including slug pellets (metaldehyde) which had been decanted into another container.

Leech was originally charged with additional offences relating to the poisoning of the buzzard, but these matters were later discontinued after pleas had been entered to six other charges.

Sgt Brian Calver from Suffolk Constabulary’s Rural Crime and Wildlife Team said: “Raptor persecution is a national wildlife crime priority. I hope today’s result will serve as a warning to others and urge anybody who finds a suspected poisoned bird of prey to come forward to police or anonymously to Crimestoppers.

“Whilst the identity of the poisoner in this case has not been confirmed, the police enquiry did uncover a number of pesticide storage and firearms offences. Firearms and pesticides both have inherent risks if not stored and used correctly. As a firearms holder and professional pest controller Leech fell well short of the required standards.”

Mark Thomas, Head of Investigations at the RSPB, added: "Yet again, a gamekeeper has been convicted of pesticide storage offences as a result of an inquiry centred on an illegally poisoned bird of prey. Despite the best efforts of a range of enforcement agencies, no-one has been prosecuted for the killing of the buzzard in this case due to insufficient evidence. But cases like this raise public awareness, and that is at least an import deterrent. The illegal laying of poison baits in the open continues to cause the death of many birds of prey every year and also poses risks to people, pets and other animals. We would particularly like to thank the diligent work of Suffolk Constabulary and the CPS in this case.”

The charges were:

Two breaches of Section 1 firearms certificate re improper storing of .22 rifle ammunition
Two breaches of shotgun certificate
Two HSWA offences re unsafe storage 4.5 kilos Ficam D (bendiocarb) plus slug pellets (metaldehyde).

If you find a wild bird of prey which you suspect has been illegally killed, contact RSPB Investigations on 01767 680551 or fill in the online form: https://www.rspb.org.uk/our-work/our-positions-and-campaigns/positions/wildbirdslaw/reportform.aspx