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THE ILLEGAL KILLINGOF BIRDS OF PREYIN SCOTLAND IN 2011

RSPB Scotland is part of the RSPB, which speaks out for birds and wildlife, tackling the problemsthat threaten our environment. Nature is amazing – help us keep it that way.

RSPB Scotland gratefully acknowledges grant aid from Scottish Natural Heritage, which assisted inthe production of this report.

Cover: In 2011, the gamekeeper of Culters Allers Estate was sentenced to 100 hours’ communityservice after he admitted poisoning four buzzards in 2009. This bird is one of his victims.

The RSPB is part of BirdLife International, the global partnership of bird conservation organisations.

The Royal Society for the Protection of Birds (RSPB) is a registered charity: England and Wales no. 207076, Scotland no. SC037654. 770-0704-11-12770-0704-11-12

1The illegal killing of birds of prey in Scotland in 2011

ContentsForeword..........................................................................................................2

Executive summary .........................................................................................4

Recommendations...........................................................................................5

Definition of incidents ......................................................................................6

2011 incidents – poisoning ...............................................................................8

2011 incidents – other illegal killing ................................................................14

Comment .......................................................................................................18

The effects of illegal killing – golden eagle.....................................................20

The effects of illegal killing – hen harrier ........................................................22

The effects of illegal killing – red kite .............................................................24

The effects of illegal killing – case study ........................................................26

Investigations and prosecutions ....................................................................28

Investigations and prosecutions – case study................................................30

Wildlife and Natural Environment (Scotland) Act ...........................................32

Conclusions....................................................................................................33

Acknowledgements and references ..............................................................34

Contacts.........................................................................................................35

Foreword

Many bird of prey species, whosepopulations were either seriouslyreduced or eliminated from muchof Scotland in the 19th and early20th centuries, have madesignificant recoveries in recentyears, either through natural re-colonisation (for examplecommon buzzard), or throughreintroduction by conservationagencies. A reduction in killingsufficient to allow populationrecoveries of some raptor specieshas been encouraged bystrengthened legal protection bythe Scottish Government, as wellas by more enlightened attitudestowards predators amongst thepublic, based on a betterunderstanding of ecology. Inaddition, the impact of long lastingorganochlorine pesticides, such asDDT, which decimated manyraptor populations in the 1960sand 1970s, has now receded.

Sadly, this overall positive trendhas not been universal. The poorconservation status of somespecies of birds of prey (such asgolden eagles and hen harriers)remains a serious concern. It isclear that in some regions ofScotland, particularly in parts ofthe eastern and central Highlands,

Scottish Government in the recentWildlife and Natural EnvironmentAct 2011 to tackle the perpetratorsof crimes against some of our most vulnerable birds of prey.These measures are proportionateand targeted at irresponsiblelandowners and their employees,who either encourage or condonethe breaking of wildlife protectionlaws, and should therefore have no

Many landowners and their employees in Scotlandact responsibly. They play an important role in theprotection of birds of prey and other wildlife. RSPBScotland has long-established partnerships withland managers, gamekeepers and farmers, whohave assisted species such as lapwings, blackgrouse, corncrakes, capercaillie and ospreys,and with re-introduction programmes for red kites and white-tailed eagles. We welcome thispositive management.

2The illegal killing of birds of prey in Scotland in 2011The illegal killing of birds of prey in Scotland in 2011

Andy Hay (rspb-images.com

)

and southern uplands, theintolerance shown towardsprotected predators remainsdeeply ingrained, with no regard to either the law or theconservation status of thetargeted species. Over the last 20 years, government laboratorytesting or post-mortem hasconfirmed hundreds of protectedbirds of prey as the victims ofillegal poison abuse, shooting,trapping or nest destruction inScotland. Hill-walkers,birdwatchers, dog walkers andother members of the publicvisiting Scotland’s countrysidediscovered the majority of thesevictims purely by chance.

This is RSPB Scotland’s 18thannual review of the illegal killingof birds of prey in Scotland; itdescribes the extent of the knowncriminal destruction of birds ofprey during 2011. However, giventhat much of the killing takesplace in remote areas, incircumstances where directwitnesses are rare and wherematerial evidence can be easilyconcealed, a large proportion ofthese incidents will never beuncovered or reported. It is readilyapparent that the numbers of

incidents outlined in this reportmust be regarded as minimumfigures, but the toll continues tomake depressing reading.

It is clear from population levelstudies that the out-dated practiceof illegal killing of birds of prey isneither an isolated nor rareoccurrence. This matter is ofserious conservation concern and contravenes both European Unionand domestic legislation designedto safeguard and enhancebiodiversity. Illegal killing also has a significant impact on thepopulations and ranges of someof our most vulnerable birdspecies, as clearly demonstratedby a succession of peer-reviewedscientific studies. This illegalactivity discredits the international reputation ofScotland as a place that takespride in its natural heritage andundermines important industries,including tourism, that aredependent upon wildlife and a rich landscape and which are ofgrowing importance to theScottish economy.

In this context, we welcome the vicarious liability provisionsmeasures introduced by the

impact on those who manage theirbusinesses legitimately.

The fact that the illegal killing ofbirds of prey in Scotland hascontinued is inescapable. What isalso clear is that had it not beenfor the development of newsatellite-based technology, some of these victims wouldnever have been found. How

many more lie undiscovered in our countryside?

I repeat my call for all responsiblegame and land managers todistance themselves from thisillegal activity and work toeradicate it.

Stuart HousdenDirector, RSPB Scotland

3

This peregrine falcon was found in very poor condition near Ballater. Serious leg injuries caused byshotgun pellets had left it unable to hunt, and it had to be put down.

4

Executive summary

Sadly, these statistics are nolonger a surprise, and are merelyadded to the long list of victimsfollowing decades of relentlessillegal human killing of Scotland’s

5

RSPB Scotland

Recommendations2011 will go down as another bad year for theconservation of Scotland’s birds of prey. A goldeneagle, four red kites, two peregrines and sevenbuzzards were confirmed by the ScottishGovernment as being victims of illegal poisoning.Baits laced with highly toxic and banned pesticidescontinue to be deliberately laid out in the open inScotland’s countryside. Two peregrines, a goshawkand a short-eared owl were shot; buzzards starvedto death in unchecked crow traps. Nesting peregrines and hen harriers again “disappeared” in circumstances that suggested deliberate humaninterference. As in previous years, the vastmajority of the confirmed incidents took place in upland areas, on or near where driven grousemoor management is the dominant land use.

The illegal killing of birds of prey in Scotland in 2011The illegal killing of birds of prey in Scotland in 2011

This red kite left itsnest on the Black Isleand flew two hundredmiles to East Ayrshire,where it was poisoned

close to a SpecialProtection Area

birds of prey. During the last 20 years, more than 500 birds ofprey have been killed by illegalpoisoning, with a further 330confirmed as shot, trapped or

with their nests destroyed. This,however, is only a list of thevictims that were found, usuallypurely by chance, and representsan unknown proportion of theactual death toll. The ScottishOrnithologists’ Club (SOC)recently published records fromgamebooks from the AthollEstate in Perthshire (McMillan2011). Between1982 and 1988,the numbers of birds of preyrecorded as killed on one part ofthis estate were higher than theRSPB recorded for the whole ofScotland during these years. Thisone example is a clear illustrationthat the true toll is far higher thanreported to us or the police.

If we consider the implications of the Atholl Estate records, it cancome as no surprise that, despitelarge areas of suitable habitat inScotland, some species are notpresent, or not thriving. Weconclude that this is as a directresult of illegal activity. Scientificliterature includes manyauthoritative reports and papers,which demonstrate that illegalkilling threatens the viability ofScottish populations of iconicspecies, including golden eagle,hen harrier and red kite. Using the health of these vulnerablepopulations as a measure ofperformance, it is clear thatcurrent enforcement effort and legislative provision is still wanting.

This RSPB Scotland reportdocuments known incidents of the illegal killing of birds of prey in 2011; it outlines theevidence that illustrates that the crimes recorded hererepresent only a subset of the actual total; and makesrecommendations towardsimproving the detection of these crimes and the successfulprosecution of the perpetrators.

We are committed to working with the representative bodies ofresponsible game shooting interestsand exemplar estates, to encourageand support good practice andmarginalise illegal activity. Forexample, we are helping ScottishLand Estates (SLE) and ScottishNatural Heritage (SNH) develop theWildlife Estates Initiative. We haveentered our flagship AbernethyForest National Nature Reserve intothis process. Acknowledging thepositive work of estates and theirstaff must go hand in hand with azero tolerance for illegal practice.

RSPB Scotland recommends that:

• Chief Constables and The Crown Office should ensure allrecommendations contained in the2008 HMIC/IPS Thematic Reviewof Wildlife Crime Enforcement andProsecution are implemented in fullas soon as possible.

• The Crown Office and ProcuratorFiscal Service should ensure thatwhere sufficient evidence exists,charges are brought that reflect therange of offences committed andtheir conservation significance. Thisprinciple should be maintainedwhen considering whether a pleabargain is appropriate.

The key to building on the high priority given by the Scottish Government to tackling the illegal killing of birds of prey is robust enforcement to addresspersistent, organised offending, particularly in theworkplace. Consideration of the scale of illegal activity,and its impact on national populations, mustincorporate all published research about populationdynamics of affected species, and recognise that arelatively small proportion of offences are directlywitnessed by people motivated to report them. It isessential that enforcement agencies and the CrownOffice pursue these cases in the wider public interest.

• The Scottish Government shouldconduct a further review of theavailable penalties, and theirapplication, to ensure thatsentencing consistently reflects the conservation significance of offences.

• The list of proscribed chemicalslisted in the Nature Conservation(Scotland) Act 2004 should bereviewed regularly.

• New measures contained in theWildlife and Natural EnvironmentAct 2011, including new offencesdesigned to make landownersmore responsible for the actions oftheir employees in cases involvingcrimes against birds of prey (knownas “vicarious liability” cases), shouldbe deployed in relevant cases. Theefficacy of these new measuresshould be monitored, and wewelcome Scottish Governmentcommitments to take further actionif this legislation proves ineffective.

• SNH should continue to improvethe operation and effectiveness ofthe General Licences, which permitthe control of “pest” species, toensure they conform fully with thepresent conservation status andscientific knowledge of any alleged“problem species” and with proper reference to the EU Birds and Habitats Directives.

• Estate owners and managersshould be proactive in makingworkplaces safer for potentialwhistle-blowers. Hints of culture of denial and hostility about scrutiny should be stamped out. Employees with legitimateconcerns should feel free to reportthem. Workplace procedures mustbe designed so individualemployees are accountable fortheir use of estate vehicles, trapsand other equipment.

• The National Wildlife Crime Unit(NWCU) must be appropriatelyresourced to ensure the continuityof the Unit, and sufficient NWCUresources should be targeted atScottish conservation priorities.

• There should be a central andaccurate system for the recordingof wildlife crime incidents andprosecutions in Scotland.

• Partnership for Action AgainstWildlife Crime in Scotland (PAWS)should continue to take a centralrole in providing advice to theScottish Government. We welcome the continued Ministerialcommitment to chairing the PAWSExecutive Group.

• The PAWS Raptor PersecutionPriority Delivery Group should use a range of initiatives includingencouraging land managementgroups to provide more intelligencein relation to wildlife crime activityand produce a clear strategy tomake sure problem locations willbe targeted for enforcement.

• The future single Scottish policeforce should include sufficient full-time wildlife crime officers, withCID and senior support, to tacklewidespread, organised offending.

• The use of cross compliancepenalties through the ruralpayments system should continueto be used as a financial deterrentto illegal activity.

RSPB Scotland

7

Definition of incidents

• “Confirmed” cases –incidents where definite illegalacts were disclosed, that is thesubstantive evidence includedbirds or baits confirmed byScience and Advice for ScottishAgriculture (SASA – formerlyScottish Agricultural ScienceAgency) as containing illegalpoisons; an offence seen/foundby a witness and/or confirmedby post-mortem, illegally-settraps etc.

• “Probable” cases – thosewhere the available evidencepoints to illegality as by far themost likely explanation butwhere the proof of an offence is not categorical.

Incidents are classified and described in the report as follows:


RSPB Scotland

These pictures show the remains of fivebuzzards and a tawny owl collected by policeand the RSPB on one day at the edge of aforest bordering the Leadhills Estate, SouthLanarkshire. These birds were so decomposedthat post-mortem examination at the ScottishAgricultural College could not explain how theydied. The proximity of an illegal cage trap, andthe ongoing history of confirmed offences inthe vicinity, means the RSPB records thesedeaths as probable illegal persecution. Thedistribution of the remains in three adjacent100 m squares results in the six deaths beingrecorded as three probable incidents.

Short-eared owl found on theGlenbuchat Estate, Aberdeenshire. A post-mortem examination at theScottish Agricultural Collegeconfirmed it had been shot.

• “Possible” cases – wherean illegal act is a possibleexplanation but where anotherexplanation would also fit theknown facts.

Incidents are separated on thebasis that any bait, victim, groupof baits, victims etc that are:• found on a different date, • found sufficiently far apart to be represented by a differentsix-figure grid reference,

• found at the same gridreference and on the same date but in circumstances thatotherwise separate them (forexample a poison victim that is very decomposed beside afresh bait – so the bait could

not have been responsible forthe death of the victim), areclassified as separate incidents.

2011 incidentsAs with all preceding years’reports, threats to raptors arequantified under two mainheadings, these being:• the illegal use of poisons, • other illegal killing: nestdestruction, shooting andtrapping.

All images RSPB Scotland

2011 incidents – poisoning

In this report, we documentactual cases of poisoned raptors,incidents where only a poison baitwas found and the victim (if any)was not identified and incidentswhere the victim was not a bird of prey but the location andcircumstances put birds of prey atrisk. All incidents were confirmedby toxicological testing carried outat the SASA laboratory.

A total of 17 incidents of deliberatepoison abuse were detected duringthe year. These are documented in Table 1, with locations illustratedin Figure 2. The victims of theseoffences included a golden eagle,four red kites and two peregrines.In one incident, a poison bait wasfound, with no victims discovered.

It is important to reiterate,however, that this figure merelyrepresents those victims and/orbaits that were actually discoveredand that the real number ofcasualties will be considerablyhigher. Those criminals undertakingillegal poisoning do so in areaswhere the chances of its discoveryare minimised – in remote areas,in areas rarely accessed by thepublic and where evidence can beeasily concealed or destroyed bythe perpetrators. Thus, given thatpublic access in many upland areasis largely concentrated on pathsand tracks, any illegal activity away

Poisoning constitutes the greatest actual orpotential threat of all forms of illegal activity, as it is indiscriminate and baits continue to belethal for weeks on end. They can kill multiplevictims without further effort by the perpetrator.Any poison bait used in the open within habitatused by birds of prey has the potential to kill those birds. This is true regardless of the intentions of the perpetrator.


Ben H

all (rspb-images.com

)

Two peregrines were poisoned with strychnine in Motherwell, North Lanarkshire

Table 1: confirmed poison abuse incidents, 2011

Figure 1: Confirmed poisoning incidents 1989–2011

from such areas is highly likely to remain undetected.

In addition to the incidentsdocumented in Table 1, stockpilesor traces of prohibited or illegally-used chemicals were found onthree estates during follow-upoperations.These potentially lethalsubstances continue to threatenthe safety of the general public,and specifically estate employees, a number of whom have beenconvicted for the illegal storage and use of pesticides in theworkplace. 2011 also saw a case of poisoning in an urban area, in which someone believed to have placed poisoned bait to killperegrines also put people at risk.

As has been the norm in recentyears, carbofuran (or mixturescontaining this chemical) hascontinued to dominate as the“poison of choice” in the majority of incidents recorded,despite the fact that this substancewas withdrawn from approval as a legitimate agricultural pesticide in December 2001. Merepossession of carbofuran is acriminal offence. However, there islittle evidence suggesting a declinein the use of this chemical. Sincethe first case known to RSPBScotland of carbofuran illegallyused as a poison for killing wildlifein 1988, its abuse has become

widespread, and since 1997 hasbeen the most widely abusedchemical for killing protected wildlife.

(Alpha)chloralose has continued to feature in a number of incidentsevery year; this chemical is onlyavailable to the public at lowconcentrations in rodenticideproducts, approved only for killing mice. Products containingchloralose at higher concentrations(including for control of birds suchas feral pigeons) can only be bought,held and used by pest controllersunder licence.

The continued regular detection ofthese and other illegal chemicals inwildlife crime cases suggests thatthere are still significant stockpiles of banned pesticides held by acriminal element engaged in landmanagement. It is hoped that theopportunity afforded by the recentpesticide disposal scheme, backedby the Scottish Government, ScottishLand and Estates, the ScottishGamekeepers Association and otherrepresentative bodies of gamemanagement and shooting interests,has led to the handing in of theseillegal chemicals, with a consequentmarked reduction in their use. Asyet, however, no figures have beenmade publicly available indicating thelevel of uptake of the scheme.

Month Poison Victim Bait Location Area

January Carbofuran Buzzard nr Heriot Borders

February Chloralose Red kite nr Bonar Bridge Sutherland

February Strychnine Peregrine Pigeon Motherwell North Lanarkshire

February Strychnine Peregrine Motherwell North Lanarkshire

March Carbofuran Golden eagle Glenbuchat Aberdeenshire

March Chloralose Buzzard (2) Pheasant (2) nr Aberfeldy Perthshire

April Chloralose Crow nr Aberfeldy Perthshire

April Chloralose Crow nr Aberfeldy Perthshire

April Carbofuran Buzzard nr Bridge of Brown Inverness-shire+ Aldicarb

May Carbofuran Red kite Glen Kyllachy & Farr Estate Inverness-shire+ Bendiocarb

May Carbofuran Raven Dalveen, Queensberry Dumfries-shire

May Carbofuran Buzzard Rabbit Glenbuchat Aberdeenshire

July Carbofuran Red kite Durisdeer, Queensberry Dumfries-shire

August Aldicarb Grouse Glenlochy, Grantown-on-Spey Inverness-shire

August Carbofuran Red kite Netherwood, Muirkirk East Ayrshire

September Carbofuran Buzzard (2), Pathead MidlothianSparrowhawk (2)

September Bendiocarb Raven nr Duns Borders

0

10

20

30

40

50

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011



Confirmed poisoning incidents, 2011

Confirmed poisoning incidents, 2006–10

Confirmed other persecution incidents, 2011

Confirmed other persecution incidents, 2006–10

Figure 2: Confirmed poisoning incidents in Scotland in 2006 –2011

This golden eagle chick fledged from a nest in Inverness-shire in the summer of 2010. In March 2011, policeand RSPB staff collected its dead body (pictured below) from the Glenbuchat Estate in Aberdeenshire. Testsat SASA confirmed the bird had been poisoned with carbofuran.

RSPB Scotland

RSPB Scotland


RSPB Scotland


Table 2: Number of confirmed victims of poison abuse in Scotland, 1989-2011

A raven collected by police and the RSPB from the Queensberry Estate in Dumfries-shire. Tests at the SASAlaboratory confirmed this bird was a victim of carbofuran poisoning.

The monthly distribution ofconfirmed poisoning incidents in 2010 was similar to that notedin previous years, with a majorpeak in the spring and a smallersecondary peak in the autumn.

Table 2 documents the number of confirmed victims of poisonabuse found since 1989. Whilstwidespread species such asbuzzards and carrion crows (thelatter included under “other bird

species”) are, predictably, themost numerous victims, it isundoubtedly the number of scarce species, of internationalconservation concern, such as red kite, golden eagle and white-tailed eagle, that providethe most shocking testament to the indiscriminate nature of this criminal practice. The victimsfound in 2011 are a clearillustration of this.

Year Red Golden White- Buzzard Peregrine Hen Raven Other Mammals Total

kite eagle tailed Harrier bird

eagle species

1989 1 1 21 3 3 66 9 104

1990 2 11 2 24 8 47

1991 1 12 4 15 32

1992 13 1 9 22 45

1993 1 1 17 60 3 82

1994 1 12 2 4 4 23

1995 12 1 1 5 4 23

1996 1 1 17 1 1 21

1997 4 1 7 2 1 7 9 31

1998 4 2 23 2 3 9 43

1999 1 2 7 2 1 13

2000 4 3 23 15 1 46

2001 10 1 9 9 2 31

2002 1 2 2 7 2 28 42

2003 10 1 23 3 4 33 1 75

2004 3 40 3 5 3 54

2005 2 1 14 2 3 22

2006 5 2 26 1 6 4 1 45

2007 12 1 15 4 2 3 4 41

2008 2 1 14 3 1 21

2009 4 2 1 21 5 3 6 42

2010 7 4 1 13 2 2 29

2011 4 1 7 2 2 4 20

Total 75 29 7 364 28 4 30 291* 104 932

*includes 9 sparrowhawks

This crow was found near Aberfeldy in Perthshire. It had beenpoisoned with alphachloralose.

2011 incidents –other illegal killing


Table 3: Confirmed incidents of illegal killing or attempted killing of birds of prey in Scotland, 2011

Table 4: Probable incidents of illegal killing of birds of prey in Scotland, 2011

Other illegal killing typically involvesone of the following four methods:• nest destruction – removal ordestruction of eggs or youngand/or physical removal of nest

• shooting• use of uncovered spring traps –on poles or on the ground withor without bait

failed with some evidencesuggesting human interference,witness evidence wasuncorroborated, or victims weretoo fragmented or decomposed to permit a complete analysis.

As with other illegal activity, it is reasonable to suggest that theperpetrators make every effort to ensure that their crimes remainundiscovered; for example it islikely that the carcasses of shotbirds are disposed of before theyare found. Indeed, in manyprevious cases, the bodies ofillegally killed birds have beenfound hidden or buried. Therefore,as with incidents involving theillegal use of poisons, it is fair to suggest that those victimsactually discovered represent amere fraction of the actual total of birds killed.

The confirmed incidents found areoutlined in Table 3, with a summaryof probable incidents in Table 4.

Month Method Victim Location Area

February Dead bird found in crow cage trap Buzzard Glen Lyon, Kenmore Perthshire

February Dead bird found in crow cage trap Sparrowhawk Glen Lyon, Kenmore Perthshire

February Caught in illegal crow trap Buzzard Nr Cortachy, Kirriemuir Angus

March Caught in illegal crow trap Buzzard (3) Nr Cortachy, Kirriemuir Angus

March Illegally set "clam" trap Leadhills South Lanarkshire

April Shot Peregrine Nr Ballater Aberdeenshire

April Shot Buzzard Millden, Glen Esk Angus

April Shot falconer's bird Newmills Fife

April Tethered pigeon decoys found Fifenear peregrine nest

May Shot Short-eared owl Glenbuchat, Strathdon Aberdeenshire

June Attempted shooting Kestrel Farr Inverness-shire

June Dead bird found in crow cage trap Kestrel Glen Clova Angus

July Nest shot out Goshawk Nr Peebles Borders

August Shot Peregrine Nr Longside Aberdeenshire

December Shot Buzzard Nr Dunecht Aberdeenshire

December Shot Buzzard Leadhills South Lanarkshire

• use of cage traps – with eitherlive or dead bait.

A total of 16 incidents, either killingor targeting birds of prey, wereconfirmed during the year. Birdskilled included a nest full ofgoshawk chicks, two peregrines,two kestrels, eight buzzards and a short-eared owl.

A significant proportion of detectedcases involved the illegal use ofcage traps, ostensibly used by an “authorised person” under ageneral licence for the purpose of controlling common “pest”species such as crows, but clearly an effective tool for trapping birds of prey. Several of these cases highlighted the trap operator’s complete disregardfor the licence conditions, withvictims starving to death.

In addition, a further 26 “probable”incidents were identified, includingcases where nesting attempts

Gordon Langsbury (rspb-images.com

)

Month Circumstances Victim Location Area

January Member of public witnessed bird Buzzard Near Bridge of Brown Inverness-shirebeing shot

January Decomposing remains found Buzzard Leadhills South Lanarkshirehidden in forestry

March Member of public witnessed bird Red kite North Ayrshirebeing shot

March Decomposing remains found hidden Buzzard (2) Leadhills South Lanarkshirein forestry

March Decomposing remains found hidden Buzzard Leadhills South Lanarkshirein forestry

March Skeletal remains found hidden Buzzard (2), Leadhills South Lanarkshirein forestry Tawny owl

March–April Adult pair disappeared Peregrine Nr Penpont Dumfries-shire

March–April Female disappeared, nest deserted Hen harrier Nr Cairnryan Galloway

March–April Adult pair disappeared. Peregrine Near Dolphinton South LanarkshireNest fails annually

April Adults disappeared, but eggs Peregrine Queensberry Dumfries-shireremained in nest

April–May Adults disappeared, a regular Peregrine Nr Thornhill Dumfries-shireoccurrence at this site

April Female disappeared prior to egg-laying Hen harrier Leadhills South Lanarkshire

April Headless bird found freshly dead. White-tailed Talisker SkyeHole right through body cavity – probably shot eagle

April Eggs removed from nest Peregrine Near West Linton Borders(as in previous years)

May Adults disappeared, nest destroyed. Hen harrier Near Culloden Inverness-shireNo signs of predation

May Adults and eggs disappeared. Hen harrier Near Culloden Inverness-shireNo signs of predation

May Attempted shooting Red kite Nr Garbole, Strathdearn Inverness-shire

May Disappearance of satellite-tagged bird. Red kite Moy Inverness-shireNo further transmissions or sightings of bird

May Dead bird found in stink pit Bird of prey Near Muirkirk East Ayrshire

May Young disappeared from nest, with no Hen harrier Near Muirkirksigns of predation – similar to previous years

June Removal of all but one chick from nest Hen harrier Strathnairn Inverness-shire

August Disappearance of satellite-tagged bird. Red kite Moy Inverness-shireNo further transmissions or sightings of bird

September Disappearance of satellite-tagged bird. Golden eagle Near Strathdon AberdeenshireNo further transmissions or sightings of bird

November Disappearance of satellite-tagged bird. Golden eagle Strathdearn Inverness-shireNo further transmissions or sightings of bird

Kestrels are among those targeted: one was killed by illegal cage-trapping in Angus


2011 incidents –other illegal killing

Tayside policeTayside police

Year Red Golden Buzzard Peregrine Hen Goshawk Sparrowhawk Kestrel Total

kite eagle harrier

1989 5 1 4 4 1 1 16

1990 2 5 13 1 4 25

1991 4 5 1 1 2 4 17

1992 1 11 4 5 3 24

1993 2 2 3 7 1 1 1 19*

1994 2 12 3 8 25

1995 1 13 5 1 1 21

1996 7 1 3 2 13

1997 11 6 2 1 20

1998 2 7 2 2 13

1999 2 3 5

2000 1 5 4 2 12

2001 8 1 2 11

2002 1 8 3 12

2003 1 7 4 3 15

2004 4 3 1 5 14**

2005 2 7 1 1 11

2006 15 1 16

2007 1 10 1 1 1 1 15

2008 1 5 1 1 3 11

2009 1 4 1 6

2010 2 1 2 1 2 9***

2011 8 2 1 1 2 14****

Total 7 17 145 63 51 13 16 28 334

Table 5: Number of confirmed victims of shooting, trapping or nest destruction in Scotland, 1989–2011

*In addition, a white-tailed eagle and an osprey were shot in 1993.**In addition, a short-eared owl was shot in 2004.***In addition, an osprey and a short-eared owl were shot in 2010.****In addition, a short-eared owl was shot in 2011.

A buzzard starved to death in this unchecked, untagged cage trap on Glen Lyon Estate in Perthshire.A second untagged trap on the estate contained a dead sparrowhawk, and a third contained twolive chaffinches.

Comment

1918

Figure 3: Confirmed poisoning and other confirmed incidentsof illegal killing of birds of prey in Scotland in 2006–2011


Dean Bricknell

The continued prevalence ofpoisoning and other illegal killingof protected birds of prey inScotland, particularly in uplandareas intensively managed fordriven grouse shooting, continuesto have a significant impact on theconservation status of some ofour rarest species. Again, many ofthe confirmed and probablevictims of illegal activity in 2011were found in such areas.

It is apparent that each year, thenumber and nature of the incidentsdiscovered varies and making astatistically rigorous assessmentof the trends is difficult.Nevertheless, it is our view that:

• there is little overall evidence to suggest that the illegal killingof raptors has declined in recentyears, particularly in the easternand central highlands andsouthern uplands of Scotland

• there has, however, been adecline in illegal killing in manyareas of the lowlands, and overmuch of north and westScotland, making the number ofincidents in the managed drivengrouse moor areas an evenstarker situation

• for some raptor species and in some habitats (such as henharriers nesting on drivengrouse moors) there is, in contrast, no evidence of a decline in illegal killing or nest destruction

• illegal killing continues at whollyunacceptable levels. It remains a significant threat to thepopulations and ranges of several scarce, slow-breedingspecies.

The distribution of confirmedcases of illegal poisoning recorded

over the last five years indicatesthat these offences continue to be widespread. The maps in thispublication reinforce that incidentsare not evenly or randomly spreadthroughout the country, but areincreasingly concentrated in theeastern and central highlands and southern uplands, co-incident with the distribution of drivengrouse moors. This evidenceagrees with a geographicalanalysis of the distribution ofpoisoning incidents published in the peer-reviewed scientificliterature, which shows that the illegal use of poison baits to control predators isdisproportionately associated with grouse moors in Scotland(Whitfield et al, 2003). Thiscontinues to be borne out by thelocations of where poison victimsand baits have been found sincethe publication of this study.

A white-tailed sea eagle chickbrought from Norway as part ofthe Scottish re-introduction project

Confirmed poisoning incidents, 2011

Confirmed poisoning incidents, 2006–10

Confirmed other persecution incidents, 2011

Confirmed other persecution incidents, 2006–10

21

The effects of illegal killing

One of these magnificent birdswas found poisoned in 2011, inAberdeenshire. At least 29 goldeneagles were the victims of illegalpoisoning between 1989 and2011. They were also targeted in a further 17 other confirmedincidents of persecution duringthe same period.

In 2008, SNH published Aconservation framework forgolden eagles: implications for their conservation andmanagement in Scotland. Thiswas produced in partnership withother members of the ScottishRaptor Monitoring Scheme:Scottish Raptor Study Groups,Rare Breeding Birds Panel, RSPBScotland, British Trust forOrnithology (BTO) Scotland andthe Joint Nature ConservationCommittee (JNCC).

The level of continued illegal killingof some of our most iconic speciescontinues not only to be a stain onScotland’s reputation but alsoposes a threat to the populations of some of these species. Raptors’ecological characteristics makethem particularly vulnerable to any additional mortality caused by deliberate killing. Raptors tend to be long-lived, breed slowly andproduce few young. The killing ofadult birds can quickly impact theirconservation status.


Figure 4: Confirmed golden eagle poisoning incidents 2006–2011, overlaid on a map showing theconservation status of the species in natural heritage zones (as per Whitfield et al, 2008)

Populations in each natural heritage zone were subjected to three tests for favourable conservation status: productivity,habitat occupancy and population density. Areas marked in green are in favourable conservation status. Amber denotesa region in unfavourable conservation status, but the area has failed in only one of the three tests. Areas coloured redare in unfavourable conservation status, and have failed in more than one test. Areas left blank are those with little or nosuitable habitat for breeding golden eagles.

Golden eagle

RSPB Scotland

Confirmed incidents.

In summary, the report stated:

A number of lines of evidenceindicated that illegalpersecution of eagles,principally associated withgrouse moor management in the central and easternHighlands, is the most severeconstraint on Scottish goldeneagles. These lines ofevidence, based on populationmodeling and analyses using aGeographical InformationSystem (GIS) are as follows:

a) As carrion feeders, goldeneagles are particularlyvulnerable to poisoned bait.Records of the illegal use ofpoisoned baits weresignificantly associated withareas where grouse moorspredominated as a land-use.There was no evidence of a

decline in records of poisoningon grouse moors between1981 and 2000, even thoughpoisoning incidents haddeclined in upland areas awayfrom grouse moors;

b) Records of illegal persecutionof golden eagles (includingpoisoning, trapping, shooting)were also more common inthose regions where grousemoor managementpredominated.

During the last six years, detectedcases of confirmed poisoning ofgolden eagles all occurred in areaswhere the species is in“unfavourable conservationstatus”, as defined in theFramework report (Figure 4). Thisindicates that illegal killing is amajor constraint on the populationin Scotland, and thus the UK.

Golden eagles do not breed until they are five years old



Similar results were outlined in The Hen Harrier Framework,published in early 2011 by theJNCC, including important inputfrom the Scottish RaptorMonitoring Scheme. The reportconcluded that illegal killing of hen harriers was the biggestfactor affecting the status of thespecies, and was having asignificant impact on the overallhen harrier population. Particularproblems were identified on areasassociated with “driven” grousemoor management, notably in thecentral and eastern highlands andthe southern uplands of Scotland,as well as the Pennines in thenorth of England. Indeed, by 2008only five breeding pairs of henharriers fledged young on drivengrouse moors anywhere in theUK, despite the areas having

Hen harrier

Figure 5: Confirmed and probable incidents of hen harrier persecution, 2006–2011, overlaid on a mapshowing the conservation status of the species in natural heritage zones (adapted from Fielding et al, 2011).

Populations in each natural heritage zone were subjected to three tests for favourable conservation status; productivity,habitat occupancy and population density. Areas marked in green are in favourable conservation status. Amber denotesa region in unfavourable conservation status, but the area has failed in only one of the three tests. Areas coloured redare in unfavourable conservation status, with failure in more than one test. Areas left blank are those with little or nosuitable habitat for breeding harriers.

RSPB Scotland

Hen harrier chicks

Confirmed incidents.

Probable incidents.

A nationwide survey of the UK’s hen harrierpopulation was carried out in 2010 by the RSPB,the Government nature conservation agencies, and the Raptor Study Groups. The Isle of Man wasincluded in the study. It revealed a 20% populationdecline in just six years. In Scotland, where mostof the UK’s hen harrier population is found, thepopulation declined by 22.7% to an estimated 489pairs, down from the 633 pairs estimated in 2004.

sufficient suitable habitat and foodsupplies to support 500 pairs.

The research noted thatagricultural improvement aroundmoorland edges can have adverseimpacts on hen harrier numbers,as happened on Orkney, wherethe population is now recovering.This is not considered to be anissue on the mainland. The keyissues here were lack of suitablehabitat or low prey availability in the north and west of Scotland, and human interference elsewhere.

The study found that the densityof hen harrier persecutionincidents (recorded as confirmedand/or probable incidents) inScotland is directly proportional to the percentage of a natural

heritage zone (NHZ) classed asmuirburn. Muirburn is a surrogatefor grouse moor, and is maintainedby burning in the spring. Therewas also a significant negativerelationship between the densityof hen harrier persecutionincidents and the proportion of successful nests in an NHZ. There was strong evidence thatillegal persecution is causing thefailure of most breeding attemptsin five NHZs, including on SpecialProtection Areas designated forthis species.

A considerable weight of previouspeer-reviewed scientific studies,for example Whitfield et al.(2008a), have found goodevidence that hen harrier killingand nest destruction was due to grouse moor interests. Humaninterference was an importantcause of breeding failures andwas only recorded on landmanaged by an employedgamekeeper. The study alsohighlighted that it’s impossible to gauge the scale of the problem,or to monitor every nest. Wherehuman interference is common,simple records of the number ofobserved failures (even if thesecould all be accurately ascribed to interference) will underestimatethe actual number failing due tohuman interference.

In Scotland between 2006 and2011, three confirmed incidents ofhen harrier persecution have beendetected. However, during thesame period, an additional 27probable incidents were recordedwhere human interference withnests was considered highly likely.This included the disappearance ofeggs, chicks or adult birds wherethere was no sign of predators,and with evidence suggestingrecent human activity at the site.


The effects of illegal killing amongst the highest in Europe.So lack of food supply and poorbreeding performance does notexplain the poor growth rate ofthe north Scotland population.

The study shows that low survivalrates of young birds in their firstand second years of life was themain factor limiting the northScotland red kite populationgrowth up until 2006, and thatillegal killing accounts almostentirely for these poor survivalprospects. Red kites in Scotlandand England normally breed for

Red kites becameextinct because ofsustained killing inScotland throughout the19th century (Holloway,1996). They have beenre-introduced in jointprojects run by SNH and RSPB Scotland,with significant andwelcome support from local communities,landowners and theirstaff. This work hasbeen predominantlysuccessful. 24

Red kite

RSPB Scotland

Figure 6: Origins of kites found illegally killed in 2010 and 2011, as shown by ringing returns

But expansion rates have beenslow in north Scotland.Compelling research by Smart et al (2010) shows the species isbeing severely restricted by illegalkilling. The study was conductedby RSPB Scotland and funded bySNH. It compares the performanceof two red kite populations whereequal numbers of young birdswere released over the sameperiod, as part of the initial phase of reintroducing thespecies in Scotland and England.The sites were in southernEngland, in the Chiltern Hills inBuckinghamshire, and on theBlack Isle, in Ross-shire, in north Scotland.

The population in the Chilternshas thrived, reaching about 320breeding pairs since the beginning

of the reintroduction in 1989 up until 2006. The Black Islepopulation has struggled, reaching just 41 pairs over thesame period. This was muchlower than expected, and by 2009there were still only 49 breedingpairs. This is a large disparity, andthat disparity is growing. It showsthat the same human persecutionthat drove the species toextinction in Scotland in the 1870sis still occurring today, especiallyin parts of Inverness-shire. This is explored further in the casestudy on page 26.

Close monitoring of both thepopulations studied showed thatproduction of successfully rearedand fledged red kite chicks wasvery similar in north Scotland andthe Chilterns, and indeed was

the first time in their second, or more normally their third, yearof life, so illegal killing is severelyreducing the number of newrecruits to the breeding populationin north Scotland.

In the absence of illegal killing,population modelling has shownthat annual survival rates of youngkites would have been highenough to allow the northScotland red kite population togrow at the same rate as thatseen in the Chilterns. By 2006,north Scotland should have held

over 300 breeding pairs, 250 pairsmore than the actual populationsize today. More encouragingly, if illegal killing were to cease, then the population is likely to respond quickly, reaching 300 breeding pairs within the next 10 years.

Red kites have been reintroducedto the UK since the late 1980s,but between 1989 and 2011, 75 individuals have been foundillegally poisoned in Scotland,including four found in 2011.

Kite chicks are ringed and tagged to monitor their movements and survival

North Scotland

Aberdeenshire

Central Scotland

Galloway



The remains of six poisoned birds of prey have been found onthe Glen Kyllachy and Farr Estatein the Monadliath mountains,south-east of Inverness, over the last three years

On 1 August 2008, a dead red kite was found on the estate.Tests at the SASA laboratoryconfirmed the bird had beenpoisoned with carbofuran. Eightmonths later, in April 2009, asecond dead kite was found onthe estate. This too had beenpoisoned with carbofuran.

In May 2010, yet another deadkite was found on the sameestate. This bird had beenpoisoned, but this time withaldicarb. Less than a month later,on 11 June, a dead white-tailedeagle was discovered, partiallyburied in a peat bog. Just over a week later, on 20 June, thecarcass of a golden eagle wasfound. Both eagles were foundwell within the boundary of thisestate. They had been poisonedwith carbofuran. Then, in May2011, a fourth poisoned red kitewas found on the estate. Onceagain, carbofuran had been used.

In summary, the bodies of fourred kites, a white-tailed eagle anda golden eagle, all found on theGlen Kyllachy and Farr estate over the space of three years,were examined, and all confirmedas poisoned. In light of this,Northern Police led a multi-agencyoperation, implementing a search

Case study: Poisoning victims on the Glen Kyllachy and Farr Estate


warrant on the estate in July 2011.As far as RSPB Scotland is aware,no further enforcement action hastaken place as a result of theseincidents.

What this pattern of offendingillustrates very clearly is why thekites from the north Scotlandpopulation are failing to becomeestablished south-east of the GreatGlen. Added to the four birds foundpoisoned on this estate during2008–11, three birds were foundillegally killed on the neighbouringMoy Estate in 2010 alone. Indeed,in just the last two years at leasteight birds from this population

have been victims of illegal killing: six of those werepoisoned. These are just thebodies that have been found.

Several other birds with satellitetransmitters have disappeared in circumstances stronglysuggesting human interference. In one case, a poison bait wasfound at the exact location of thebird’s last known position.

Only when the illegal killing of these magnificent birds ceases will red kites regularly be seen in the skies of Strathspey and Moray.

This red kite, found in May 2011, was the fourth poisoned on Farr infour years.

RSPB Scotland

This poisoned white-tailed eagle was found partially buried in a peat bog on the estate, also in June 2010

This poisoned golden eagle was found on the Glen Kyllachy and Farr Estate in June 2010

RSPB Scotland

29

Investigations and prosecutions

RSPB Scotland staff have nostatutory powers and do notundertake “policing”. Rather, we continue to liaise with all theScottish Police forces, the ScottishGovernment’s Rural Payments andInspections Directorate (SGRPID)and other agencies in the provisionof assistance, advice andpersonnel for follow-upoperations. We continue to submita considerable volume of incidentdetails and intelligence, gleanedfrom a variety of sources, to theNational Wildlife Crime Unit(NWCU). In 2011, staff assistedwith five joint operations led by the police in the Northern,Grampian, Tayside, Strathclyde and Dumfries and Galloway areas.We also provided backgroundinformation, impact statementsand other expert testimony to thepolice and Crown Office to assist in a number of cases.

Completed prosecutions:

On 26 May 2011, at InvernessSheriff Court, Dean Barr, the shoot


The role of RSPB Scotland

RSPB Scotland

manager of the Skibo Estate, was fined £3,300 for possessing 10.5 kg of the poison carbofuran in 2010, contrary to section 15A ofthe Wildlife & Countryside Act 1981.

On 26 May 2011, at InvernessSheriff Court, James Rolfe, agamekeeper from the Moy Estate,was fined £1,500 for possession of a dead red kite in 2010, contraryto section 1(2)(a) of the Wildlife &Countryside Act 1981.

The two cases above are coveredin greater detail in the 2010 editionof this report.

On 28 October 2011, at AberdeenSheriff Court, Craig Barrie, agamekeeper from the AswanleyEstate, Huntly, was fined £250 forthe possession and control of a livepigeon, contrary to section 1(2)(a)of the Wildlife & Countryside Act1981. A cage trap belonging toBarrie was found unset beside apheasant pen, with a pigeon in thedecoy compartment and a buzzardsitting on top of the trap. On 2 February 2012, Barrie appealedfor his sentence to be reduced to an admonishment, because the fine made him ineligible to use the open general licence that permits the control of crows,including the use of cage traps, for a period of five years. Theappeal court heard that hisemployer was keeping his job open for him, subject to the appealbeing successful. It was rejected.

On 5 January 2012, at LanarkSheriff Court, David Whitefield, theformer gamekeeper of Culter AllersFarm, Biggar, was ordered to carryout 100 hours of communityservice for poisoning four buzzardswith alphachloralose in 2009. Thisinvestigation is covered in moredetail in the Case Studies sectionof this report on page 30.

At Lanark Sheriff Court on 12 January 2012, Cyril McLachlan,the gamekeeper of Loanhead farm,Lamington, was fined £635 forpossessing the poison carbofuranin 2011. The investigation began in December 2010, when apoisoned buzzard was discoveredon top of a pheasant baitcontaining carbofuran.

On 5 December 2011, atDunfermline Sheriff Court, AndrewHutchison, a pigeon fancier ofTorryburn, Fife, was convicted ofmaliciously shooting a falconer’speregrine-gyrfalcon hybrid in 2011,and disposing of the remains, in aneffort to defeat the ends of justice.On 7 March 2012, he was fined£350 and ordered to pay the owner£1,500 to train a new bird.

On 3 April 2012, at Forfar SheriffCourt, Robert Christie, agamekeeper from LindertisEstate, Kirriemuir, was convictedof trapping a tawny owl in a crowtrap, and operating an illegal cagetrap by failing to adhere to theterms of the open general licencewhich permits the control ofcrows, including the use of suchtraps. These 2010 offences werecontrary to section 1(1)(a) and5(1)(b) of the Wildlife &Countryside Act 1981,respectively. The severelymalnourished owl was rescuedfrom the trap by a member of thepublic, and required veterinarytreatment and rehabilitationbefore it could be released back tothe wild. Robert Christie’s defenceagent told the court that if he wasfined, he would be ineligible touse the open general licence forthe next five years, which couldrender him unemployable. He wasadmonished.

Current/futureprosecutions:

Prosecutions are ongoing inrelation to the possession ofpoison in Strathclyde in 2009, and the illegal use of cage traps inTayside in 2011. It is likely that otherincidents recorded during 2011 willresult in future proceedings.

Discontinued prosecutions

One prosecution was discontinuedin 2011, of an individual charged inrelation to using a pigeon as a livedecoy in an illegally-operatedportable cage trap, and possessionof an unlicensed shotgun in Central Scotland in 2010. The casedid not proceed, due to a failure by the authorities to progress the prosecution within the required timescale.

Comment

As in previous years, a significantproportion of incidents in 2011occurred in areas with a history of similar crimes, suggesting thatprevious enforcement action,including prosecutions, did notwork as a significant deterrentagainst further offending. Recentsentencing for crimes against birdsof prey, other than in a few notablecases, has been relatively modestwithin the range of availablepenalties. This is in contrast withpenalties given for guilty verdictsfor egg-collecting offences, someof which have included jailsentences and, in one instance, to a lifetime Anti Social BehaviourOrder (ASBO) preventing theoffender from entering Scotlandduring the bird breeding season.

A large proportion of birds die naturally before they reachbreeding age. Those that survive to breed must produce offspring in sufficient numbers to perpetuatethe breeding population. The loss of a breeding adult has a muchgreater impact on the populationthan the destruction or loss of anegg. This effect is especially severe

in large, long-lived species, such as eagles, that do not reachmaturity until they are five yearsold, and raise only one or twoyoung per year, when conditionssuch as weather permit. Scientificstudies show that poisoning andillegal killing has a far greaterimpact on the populations ofspecies of significant conservationinterest than egg theft, but theScottish courts have not yettranslated this into sanctions when sentencing. We consider the impact of offences on theconservation status of birds illegallykilled or put at risk should be amaterial consideration whenassessing penalty levels.

The death of a bird of prey is a briefevent, rarely witnessed. The settingof an illegal trap, the placing of a poisoned bait, or the discharge of a firearm takes only a moment.By the time the consequences areuncovered, the perpetrator is usuallylong gone. Tackling the possessionof the tools of criminality – poisons,traps or firearms – is essential toprotecting birds of prey, yet theoperation of an illegal trap mayattract a mere admonishment.

Someone caught trafficking orstoring a large quantity of an illegaldrug is liable to be prosecuted as a supplier, and receive a higherpenalty as a result. We would notexpect them to be charged with alesser offence, and receive a lessersentence, on the grounds thatthere was no evidence that they

had used it. Yet, a similar argumentis frequently advanced by defenceagents whose clients have beencaught in possession of the poisoncarbofuran, in circumstances thathave never been legal – becausethey know it is likely to result in areduced sentence. This raises thequestion of how much carbofuransomeone could store beforepossession was likely to attract a custodial sentence. Shouldsomeone who illegally possesses a lethal pesticide, for which there is no legitimate use, in sufficientquantity to kill hundreds of birds, or people, be treated leniently untilthere is evidence that they haveused it? How long before someoneis killed by an unlabelled containerof carbofuran, or a poisoned bait?

In our opinion, the sentencesimposed by the courts, for casesinvolving the illegal killing orattempted illegal killing of birds of prey, for the operation of illegaltraps and the possession or use ofbanned pesticides, seldom appearto have any deterrent value.

Since 2008, anyone fined foroffences under the Wildlife &Countryside Act 1981 or the AnimalHealth and Welfare (Scotland) Act2006 is ineligible to use the generallicences that permit the operationof cage traps for crow control untiltheir conviction is spent. But, issomeone found storing a highlytoxic illegal pesticide a fit person to hold a firearms certificate?

A cage trap on Aswanley Estate.The trap was unset, but contained a live pigeon in thedecoy compartment. Note thebuzzard perched on top

Illegal cage-trapping of a tawny owl in 2010 led to a conviction in 2011

Mark H

amblin (rspb-im

ages.com)

In April 2009, a member of the public who had been walking on the Culter Allersestate, Lanarkshire, telephonedRSPB Scotland. He had seen twocrows that appeared unwell and

Gamekeeper convicted of poisoning says hisemployer told him to reduce number of buzzards


Investigations andprosecutionscase study

One of the buzzards poisoned on the Culter Allers estate

unable to fly, and carcases of a rabbit and a third crow nearby.Investigations staff from theScottish Society for the Protectionof Animals (SSPCA) and the RSPB visited the estate the

next day, They found a dead crow stuffed into a rabbit hole.Tests at the Science and Advice for Scottish Agriculture laboratory (SASA) confirmed that the crow had been poisoned with the pesticidealphachloralose.

That autumn, the RSPB received a further report of a freshly-deadbuzzard lying on top of a cut-openrabbit. The SSPCA and RSPBScotland investigations staffvisited the estate the next dayand collected the two carcases,which were tested and were alsofound to contain alphachloralose.

On 11 November 2009, theSSPCA led a multi-agency searchof the estate, involving theNational Wildlife Crime Unit,Scottish Government and theRSPB. A plastic tub containing 300 g of white powder was foundin a garden shed. The tub’spackaging indicated that it hadoriginally contained 1 kg of thepoison. In a bothy, investigatorsfound a coffee jar, also containingwhite powder. Tests at SASAconfirmed that the powder in both containers was 97% purealphachloralose. Deadly fumigants,including the banned chemicalsodium cyanide, were also foundin unlocked outbuildings.

In a small wood containing a pheasant release pen, a staked-out rabbit carcase wasfound, with the decomposingremains of a buzzard not far away.

In another wood, a seconddecomposing buzzard lay on the ground, with a third hangingfreshly-dead in a nearby tree. All these carcases were tested,and all contained alphachloralose.The skeletal remains of a fourthbuzzard were also discovered.

At the time of the poisonings,estate gamekeeper DavidAlexander Whitefield stated thathe was a member of the ScottishGamekeepers Association (SGA).

At Lanark Sheriff Court on 5 July2012, now ex-keeper Whitefieldadmitted killing four buzzards

using alphachloralose. Whitefield’s defence agent told the court that his employerhad instructed him to reduce thenumber of buzzards “as he saw fit”, although he had not beenspecifically told to kill them. He was sentenced to undertake100 hours of community service.

This was Whitefield’s secondconviction for wildlife offences. In March 2008, a member of thepublic contacted the SSPCA toreport a live buzzard in a crow cagetrap on Culter Allers estate. SSPCAofficers responded immediately,and found the buzzard still in the

trap. Another similar trapcontained four live crows. A lightsnowfall indicated that the trapshad not been checked for at least48 hours, leaving the birds infreezing conditions without food,water or shelter. In October 2008at Lanark Sheriff Court, Whitefieldplead guilty to trapping thebuzzard, and failing to meet itsneeds while it was in the trap.This was the first convictioninvolving a wild bird under theAnimal Health and Welfare(Scotland) Act 2006. He was fined £300.

Occupations and interests of those convictedThe vast majority of those convicted for offences relating to the illegal killing of birds of prey in Scotland areemployed on gamebird shooting estates, as shown in Figure 7 below. It is apparent that we will not see anyimprovement in the conservation status of these species until land management in our uplands is carried outwholly within the law.

Figure 7: Occupations and interests of people convicted of illegal killing, 2003–2011 inclusive.

Gamekeeper 87%

Pest controller 3%

Farmer 3%

Pigeon racer 7%


ConclusionsIn Scotland in 2011, the illegalkilling of birds of prey continued,seemingly unabated, particularlyin upland areas managed fordriven grouse shooting. There isnow an overwhelming weight offactual and scientific evidence,which demonstrates the adverseimpact of illegal killing on thepopulations of some of our birdsof prey. Illegal and highly toxicchemicals are used to lace baits,which are placed in the open in ourcountryside. This indiscriminatelyrisks the lives of wild birds andmammals, domestic pets andlivestock, and has the potential to harm humans as well. This,combined with shooting, nestdestruction and illegal use of traps, continues to severelyimpact our wildlife. It is evident,from long-term population studiesand anecdotal evidence, that thediscovered victims of illegal killingdocumented in this and previousreports, represent the tip of asignificant iceberg.

The number of confirmedpoisoning cases for 2011 is

White-tailed eagles on Mull attract £5 million of tourist spend every year, supporting 110 jobs

RSPB Scotland

fewer than in 2010, but it remainsunknown as to whether there hasbeen a real decline in poisoning,as it is impossible to know howmany are killed, or whatpercentage of victims are found.We recognise and welcome theefforts made by landowningbodies to tackle the problem ofillegal poisoning. Over time, wehope poisoning will be significantlyreduced. The expected responseshould be an increase in thepopulations of key raptor speciesincluding golden eagles and red kites.

We welcome the improvedlegislation included in the Wildlifeand Natural Environment(Scotland) Act 2011. We commendthe continued commitment toPAWS by the ScottishGovernment, which hasencouraged increased partnershipworking and a greater awarenessamong landowners, as well aslaw-enforcement and prosecutionagencies. RSPB Scotland iscommitted to continue to play afull role in the PAWS process and

to ensure that tangible outputsare delivered to significantlyreduce the illegal killing of birds of prey, and to tackle effectivelyother wildlife crimes. We believethat improved enforcement willprovide a deterrent to those whomay be considering illegal activity.

The odds still need to be changed.The enforcement agencies needto be better resourced, theprosecutors need to gainexperience and the sentencesgiven to those convicted shouldbe much more meaningful. Oncethis has happened, there’s achance we might see a realimprovement in the conservationstatus of some of our mostvulnerable bird of prey species.

We welcome recent leadershipfrom landowning representativesin tackling this problem. However,much more still needs to be done.It will require consistent effortover many years to change deeplyingrained attitudes and halt theneedless persecution ofScotland’s birds of prey.

The Wildlife and Natural Environment (Scotland) Act

RSPB Scotland welcomed theintroduction of this important newlegislation and the clear statementsmade by the Minister and shadowspokesman in the closing debate.We also strongly welcome thevicarious liability provisions thatcame in to force at the beginningof 2012, and see these as an

The Wildlife and Natural Environment (Scotland) Act was passed by theScottish Parliament on 3 March 2011. The Act sought to deliver a range ofmeasures to update legislation to protect Scottish wildlife, and to ensurelegislation to regulate and manage the natural environment is fit for purpose.


important deterrent to thoseperpetrating or carrying out crimesagainst our birds of prey.

We await the ScottishGovernment’s report on wildlife crime and continue our commitment to assisting the statutory agencies in ensuring

that all efforts are made to bringthe perpetrators of crimes againstbirds of prey before the courts. We also want to work positivelywith those estates and individualswho share our commitment toScotland’s wildlife.

The owners or managers of areas managed for gamebird shooting, such as grouse moors, could be held vicariously liable, should their employees illegally kill birds of prey



ContactsRSPB Scotland Headquarters

2 Lochside ViewEdinburgh ParkEdinburghEH12 9DHTel: 0131 317 4100E-mail: [email protected]

RSPB Scotland Regional Offices

East Regional Office10 Albyn TerraceAberdeenAB10 1YPTel: 01224 624824E-mail: [email protected]

South and West Regional Office10 Park QuadrantGlasgowG3 6BSTel: 0141 331 0993E-mail: [email protected]

North Regional OfficeEtive HouseBeechwood Park InvernessIV2 3BWTel: 01463 715000E-mail: [email protected]

www.rspb.org.uk/scotland

Fielding, A, Haworth, P, Whitfield, P,McLeod, D & Riley, H (2011) A Conservation Framework for HenHarriers in the United Kingdom.JNCC Report 441. Joint NatureConservation Committee,Peterborough.

McMillan, R.L. (2011) RaptorPersecution on a large Perthshireestate: a historical study. ScottishBirds 31(3): 195 –205.

Smart, J, Amar, A, Sim, IMW,Etheridge, B, Cameron, D, Christie,G & Wilson, JD (2010) Illegal killingslows population recovery of a

Acknowledgements and references

RSPB Scotlandwould like to thank:the Scottish police forces, SSPCA,NWCU, SASA, the laboratories ofthe Scottish Agricultural CollegeVeterinary Services, the Lasswadelaboratory of the VeterinaryLaboratories Agency, SGRPID, theNational Museum of Scotland, andthe Scottish Raptor Study Groupsfor their continued and dedicatedmonitoring of the species involved.We acknowledge those membersof the public and estate employeeswho have taken the trouble, oftenin difficult circumstances, to report potential incidents to us or the police.

We are grateful for the financialsupport we receive towards ourinvestigations and speciesprotection work from ScottishNatural Heritage, without whichmuch of the work reported herecould not continue.

Members of Lothian and Borders Raptor Study Group fit a monitoringtag to a peregrine falcon

Lothian and Borders R

aptor Study Group

References

re-introduced raptor of highconservation concern – The RedKite (Milvus milvus). BiologicalConservation.

Whitfield, DP, McLeod, DRA,Watson, J, Fielding, AH andHaworth, PF (2003) Theassociation of grouse moor inScotland with the illegal use ofpoisons to control predators.Biological Conservation 114, 157–163.

Whitfield, DP, Fielding, AH,McLeod, DRA and Haworth, PF

(2008) A conservation frameworkfor golden eagles: implications fortheir conservation andmanagement in Scotland. ScottishNatural Heritage CommissionedReport No.193 (ROAME No.F05AC306).

Whitfield, D.P., Fielding, A.H., andWhitehead, S. (2008a) Long-termincrease in the fecundity of henharriers in Wales is explained byreduced human interference andwarmer weather. AnimalConservation 11 144–152.

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