PERSECUTION

A review of bird of prey persecution in Scotland in 2001

Produced by RSPB Scotland A Review of Bird of Prey Persecution in Scotland 2001

28 January 2003 wpo\ab\BOP1\5232

Birds of Prey Report 2001

Contents 1 Preamble 2 2 Recommendations 2 3 Introduction 3 4 Poisoning 4 5 Direct persecution other than poisoning 5 6 Investigation and prosecution 7 Poisoning incidents 7 Incidents other than poisoning 8 7 Discussion of the general nature of persecution offences8 The law 8 Comparative distribution of 2001 and past incidents 9 Published material that indicates likely offenders 10 Prosecutions 11 8 Identifiable trends in persecution 12 9 Conclusions 12 10 Acknowledgements 13 11 Appendices and Maps 13 Appendix A 13 Appendix B 15 Appendix C 15 Appendix D 18 Table 2 18 Map 1 23 Map 2 24 Map 3 25 Map 4 26

1 Birds of Prey Report 2001

1 Preamble

The deliberate destruction of Scotland’s birds of prey has been a prominent issue for many decades.

The practice of eliminating all the possible predators of game on shooting estates was a routine procedure in the 19th century with little or no regard to the conservation status of the targeted animals. This resulted in national and regional extinctions of a number of predatory birds and other animals.

Many of these extirpated species have made significant recoveries in recent years either through natural re-colonisation or through re- introduction by humans. This implies a reduction in killing sufficient to allow these recoveries or facilitate re-introductions.

This generally positive trend has not been universal. The situation for some species of birds of prey and some regions of Scotland suggests that 19th century attitudes and practices are still firmly entrenched amongst a proportion of Scotland’s 21st century land managers. 2 Recommendations

The better enforcement of wildlife legislation and the strengthening of the law in relation to the protection of species subject to persecution remains a priority.

It is recommended:

that the Scottish Executive expedite their declared intention to:

i amend the Wildlife and Countryside Act 1981 via the current Criminal Justice (Scotland) Bill to allow:

an appropriate power of arrest to enable police officers to deal more effectively with offences;

courts to have the option of imposing custodial sentences where appropriate;

ii bring a Natural Heritage (Scotland) Bill before the Scottish Parliament at the earliest opportunity to implement their declared policy in the consultation document The Nature of Scotland: A Policy Statementi including:

that reckless actions that threaten wildlife should be treated in the same way as intentional actions.

2 Birds of Prey Report 2001

These recommendations are also fully in line with those of the Partnership for Action against Wildlife Crime (Scotland) (PAWS) and with recommendation 7 of the UK Raptor Working Groupii which urges enhanced enforcement of existing legislation to eliminate the illegal killing of birds of prey;

We also recommend:

iii that a change to the regulatory mechanism for agricultural pesticides is introduced to reduce the ease with which they are available for criminal use (in line with Recommendation 6 of the UK Raptor Working Group2 and as proposed for consideration in The Nature of Scotland: A Policy Statement1);

iv that the Scottish Executive Environment and Rural Affairs Department (SEERAD) strengthens the effectiveness of their work against wildlife crime by:

providing further, regular and fuller training of local officers authorised under the Food and Environment Protection Act 1985, with special emphasis on standard investigative techniques and to encourage regular and close liaison with police Wildlife Liaison Officers (WLOs). 3 Introduction

This is the eighth annual account of bird of prey persecution in Scotland. It describes the extent of the known criminal destruction of birds of prey in Scotland during 2001. The number of crimes revealed must be regarded a minimum figure. By their very nature these crimes are some of the most difficult to record, quantify and detect. Much bird of prey persecution takes place in remote areas on private ground, circumstances where direct witnesses are scarce and may find themselves placed in personally difficult situations if they wish to testify to what they know or have seen. Material evidence is likewise easily concealed or destroyed by the perpetrators and much of it must never come to light.

During 2001 this situation may have been exacerbated by the outbreak of foot and mouth disease (FMD) which effectively closed the British countryside for much of the year and made the discovery of many wildlife crimes nearly impossible. There has been speculation that FMD provided an opportunity for a massive increase in – among other things – illegal bird of prey killing. This must remain as speculation. The available data cannot be used to prove or disprove this suggestion. The number and nature of the incidents discovered vary substantially from year to year in any case - for reasons that are not always immediately clear – and attributing differences between 2000 and 2001 to FMD-related factors cannot be done with any objective rigour.

3 Birds of Prey Report 2001

One feature of the 2001 data does stand out. During the year a total of ten red kites were confirmed to have been poisoned. This is unprecedented. It is more than double the number of poisoned kites ever recorded in a single previous year (four birds poisoned each year in 1997, 1998 and 2000). The scale of this destruction prompted an examination of kite mortality and poisoning which concluded that up to a third of all Scottish red kites may have died this way. This is discussed in more detail within the report. It is very worrying that a bird such as the red kite - which poses no significant threat to any land-use interest – should be persecuted in this way. This indicates a level of profound ignorance on the part of the perpetrators of these crimes that does not bode well for Scotland’s rarer and more threatened birds of prey.

As with the preceding years’ reports, threats to raptors are quantified under two main headings, these being:

• the use of poisons • direct persecution, i.e. shooting and trapping. 4 Poisoning

In addition to

• actual cases of poisoned raptors

we also consider

• incidents where only a poison bait was found and the victim (if any) was not identified • incidents where the victim was not a bird of prey but the location and circumstances put birds of prey at risk.

Any poison bait used in the open within habitat used by birds of prey has the potential to kill those birds. This is true regardless of the intentions of the poisoner.

Poisoning may be considered the greatest potential threat of all. In contrast to shooting and to much trapping activity, which requires a sustained effort by the criminal concerned to produce a limited return, poisoning can produce a substantial effect with only minimal effort. Poison baits continue to be lethal over a matter of days or weeks and can kill multiple victims without further effort by the poisoner.

Reports of poisoning received by RSPB Scotland are summarised in Appendix A. The distribution of these incidents in 2001 is included in Map 1 together with other persecution incidents during the year.

4 Birds of Prey Report 2001

Of particular note during 2001 was the unprecedented poisoning of 10 red kites. RSPB Scotland’s analysis of the history of red kite mortality since the current re-introduction began strongly indicates that over one third (36%) of the total population of reintroduced red kites may have been illegally poisoned. This estimate is drawn from the detailed figures for mortality and disappearance in the reintroduced populations in The Black Isle and Stirling-shire. The basis for this estimate is further explained in Appendix B.

Even more telling than the Scottish figures alone is the comparison with one of the reintroduced populations of red kites in southern England. Although the same number of birds (93) were released in the Chilterns area of southern England and the Black Isle over a similar period in the late 80s and early 90s, the population in the Chilterns is now more than three times higher than that of north Scotland. By 2000, the kite population in the Chilterns was around 109 breeding pairs, markedly higher than that of the Inverness area where only 33 pairs attempted to nest. It is notable that the north Scotland population has grown by only three pairs in the 1999-2000 period while in the Chilterns the population has increased by over 34 pairs. This is despite very similar levels of productivity in each population. Recorded levels of persecution are lower in England with 10% of kites reintroduced in the Chilterns being killed in criminal incidents. It seems very likely that higher persecution levels – especially poisoning – in Scotland are the principal reason for the marked differences in the rate of population increase between north Scotland and southern England.

Three of the poisoned kites found in 2001 were on one land holding in Inverness-shire. A fourth poison incident – a group of poison baits – was also on this land together with two spring traps set in the open. Collectively these incidents represent the most sustained raptor persecution effort discovered during the year. A fourth kite found poisoned in the area is likely to have been a related incident. Carbofuran continued to dominate in 2001 as the most frequently abused pesticide in illegal poison incidents. The withdrawal of approval for this substance as a legitimate pesticide (from 31 December 2001) will presumably have a knock-on effect on its illegal use in due course. Alpha-chloralose was the only other substance involved in cases during the year. These substances are discussed in more detail in Appendix C.

The temporal distribution of poisoning incidents in 2001 again showed the established pattern of all year round abuse but with a distinct peak of incidents in the spring and a smaller secondary peak in the autumn. This pattern is illustrated in Appendix C. 5 Direct persecution other than poisoning

This includes all direct persecution of birds of prey such as shooting, nest destruction and the illegal use of cage traps or spring traps.

5 Birds of Prey Report 2001

6 Birds of Prey Report 2001

Incidents are classified as follows.

• "confirmed" cases - incidents where definite illegal acts were disclosed, i.e. the substantive evidence included shot birds, illegally set traps etc • "probable" cases - those where the available evidence points to persecution as by far the most likely explanation but where the proof of an offence is not categorical. • "possible" cases - where persecution is a possible explanation but where another explanation would also fit the known facts.

Persecution typically involves one of the following methods:

• nest destruction - removal or killing of eggs or young and/or physical removal of nest • shooting • use of spring traps - on poles or on the ground with or without bait • use of cage traps - with either live or dead bait..

Reports of direct persecution received by RSPB Scotland are summarised in Appendix D. The distribution of these incidents in 2001 is included in Map 1 together with poisoning incidents during the year.

The number and nature of these general persecution incidents varies from year to year in a manner that makes it difficult to identify trends. Nevertheless there was a proportionally high number of incidents involving spring traps - 10 out of 19 confirmed incidents. We perceive that the use of baited spring traps on the ground is a persecution technique currently becoming more fashionable amongst wildlife criminals. 6 Investigation and prosecution

All incidents, both of poisoning and other persecution, were reported to the police and followed up by police and/or SEERAD investigators where sufficient initial evidence existed to allow this. The following prosecutions resulted from these enquiries.

Poisoning incidents No cases have been brought to court as a result of any poisoning incidents in 2001.

One case from 2000, still pending at the time of publication of the 2000 report, has since been concluded. Malcolm Kempson of Lochgelly, Fife, was fined a total of £2,400 at Perth Sheriff Court on 21 November 2001. He was convicted of three charges under the Wildlife and Countryside Act 1981 of: placing poison baits; poisoning five buzzards and a crow; illegal possession of carbofuran. He was convicted of a fourth charge, the illegal storage of carbofuran, under the Control of Pesticides Regulations 1986 made under the Food and 7 Birds of Prey Report 2001

Environment Protection Act 1985. He was acquitted of a further charge under the Control of Pesticides Regulations concerning the unapproved use of carbofuran. These offences took place in February and March 2000 on Tillyrie Farm near Milnathort where Mr Kempson runs a pheasant shoot. At the time of writing his appeal against these convictions is still pending.

Incidents other than poisoning A Perthshire gamekeeper is currently charged with offences relating to the alleged discovery of a dead sparrowhawk in a crow cage trap. This case will be heard at Perth Sheriff Court.

Proceedings against an Aberdeenshire gamekeeper were discontinued due to lack of identification evidence regarding the accused. This case resulted from the shooting of a buzzard. 7 Discussion of the general nature of persecution offences

The law All birds of prey have been fully protected by law since 19541. In many areas of Scotland (e.g. Perthshire and Dumfries-shire) they were protected by local Orders made under the Wild Birds Protection Acts 1880 to 1908.

Currently in Scotland the shooting and trapping of protected species and the destruction of their nests, eggs and young are offences contravening the Wildlife & Countryside Act 1981.

The use of spring traps other than as described in the Spring Traps Approval (Scotland) Order 1996 (which essentially means placed under suitable cover) is an offence against the Agriculture (Scotland) Act 1948 and also against the Wildlife and Countryside Act.

The use of cage traps to take protected species is an offence under the Wildlife and Countryside Act.

The use of poisons to kill protected wildlife is an offence under the Wildlife and Countryside Act as is the use of poisons to kill recognised pest species which might be legitimately killed by other lawful means.

The non-approved storage and use of pesticides is an offence against the Control of Pesticides Regulations 1986 made under the Food and Environment Protection Act 1985.

All the poisoning incidents referred to in this report (other than the small number of second generation rodenticide cases) are classified as examples of pesticide abuse. That is to say the circumstances in

1 with the exception of the sparrowhawk which received full protection in 1961 8 Birds of Prey Report 2001 which birds were found dead or baits discovered cannot be interpreted as the consequence of approved use.

All the confirmed persecution and poisoning incidents described here are therefore examples of criminal activity.

Comparative distribution of 2001 and past incidents Most 2001 incidents fall within the typical geographical distribution of raptor persecution noted by RSPB Scotland in recent years.

It is therefore reasonable to make some inference as to the type of person responsible - if not as to the actual individuals involved - by interpreting this distribution pattern.

The combined data for poisoning and raptor persecution for 1995 to 2000 are shown in Map 2. This illustrates:

• that the distribution for other persecution incidents and for poisoning is similar • that distribution is heavily biased towards the east and south and that relatively few incidents are recorded to the north and west of the Great Glen.

A longer sequence of persecution data - that for poisoning - is shown in Map 3. This has a similar distribution pattern. This pattern also corresponds with the main distribution of game shooting in Scotland - both with grouse moors and with the release of pheasants for shooting.

A substantial proportion of poison incidents involve buzzards. Within the last decade this species has re-colonised areas of Scotland - principally the eastern lowlands - from which it has been absent for many decades. Despite this recent and very welcome population trend, the main concentrations and the highest densities of buzzards are still in its western and central strongholds - for instance in Argyll. Despite this high availability of birds in these western areas there are very few records of buzzards poisoned or otherwise persecuted there. They are, however, routinely picked up dead - illegally killed - in the eastern part of their range, even in areas where their distribution is still thin or patchy. It is considered significant that the main land uses in the northern and western areas are agriculture, forestry, deer stalking and fishing. Those who pursue these activities perceive no conflict with birds of prey. In contrast grouse moors and low-ground shoots are widespread in eastern and southern areas of Scotland.

From the distribution of persecution incidents, therefore, it is not unreasonable to conclude that many perpetrators are likely to be connected with the management of land for game shooting. This does not necessarily indicate the culprit(s) in individual cases.

9 Birds of Prey Report 2001

Published material that indicates likely offenders A number of recent publications have addressed or referred to the raptor persecution issue. A few of the conclusions reached in these are summarised here.

• Peregrine falcon

Scottish Raptor Study Group data consistently identify poorer breeding performance by peregrines on managed grouse moors than on other upland land-use areas. In north-east Scotland, for example, average productivity at 66 upland peregrine sites was measured over four breeding seasons (1992 to 1995). Those on managed grouse moors were a third less productive per occupied site than on other upland areasiii. Those nests on grouse moors in the region that were successful produced no fewer young than those at other upland sites, suggesting that the failed grouse moor sites were not suffering from poor food supply, bad weather or other natural causes.

• Golden eagle

Golden eagles are seemingly absent as breeding birds from suitable habitat in a number of areas where grouse moors are the predominant form of land management.

In much of the area of the Monadhliath hills for instance and the adjacent Nairnshire uplands, where conditions otherwise seem very favourable for it, the species is absent as a breeding bird. This coincides with a scatter of confirmed golden eagle poisoning incidents on grouse moor estates there2. One Monadhliath estate, however, has recently rejected eagle killing and is carrying out positive steps to encourage and support the speciesiv. This policy is already showing benefits for the local golden eagle population. Watson (1997)v concluded that “poisoning intensity is greatest on land managed as grouse moor” and that “the effect of this is to constrain the recovery of the golden eagle population in Britain, preventing re-colonisation of areas in the southern and eastern Highlands and in parts of the Southern Uplands”.

• Hen harrier

Research into the hen harriervi,vii indicates that this bird is heavily persecuted on managed grouse moors with productivity significantly lower in these areas compared with breeding attempts elsewhere in the uplands.

The persecution of hen harriers by some gamekeepers - especially on grouse moors - is widely acknowledged by those in the industryviii.

2 Map 4 - Golden eagle poisoning & other persecution from 1991 to 2001 10 Birds of Prey Report 2001

From these examples of published work on three species it is reasonable to conclude - without intending to suggest anything against specific individuals in actual cases - that the perpetrators of bird of prey persecution offences are often those concerned with the management of land for game shooting.

A more enlightened attitude and a greater respect for the law from this community would bring considerable conservation benefits.

Prosecutions We have examined the occupations or interests of those persons prosecuted for bird of prey related offences in Scotland as a means of identifying the groups or categories committing these acts. Figure 1 shows the interests of the accused in all instances known to RSPB Scotland of prosecutions in Scottish courts since 1985 for offences relating to poison abuse and direct bird of prey persecution.

Figure 1 Prosecutions known to the RSPB in Scotland for poison & raptor persecution related offences – 1985 to 2001

35

30

Without game rearing interests 25 With game rearing interests

20

15 Number of prosecutions 10

5

0 Convicted Acquitted Pending Outcome of prosecution

Those defined as “with game rearing interests” in this graph include

• gamekeepers (87.0%) • farmers who operate a shoot on their land (5.6%) • sporting managers (1.9%) • game shooters (1.9%). • Those defined as “without game rearing interests” were farmers (3.7%). 11 Birds of Prey Report 2001

From these data it is clear that, in terms of prosecutions, the most regular perpetrators of these offences are typically those concerned with the management of land for game shooting. 8 Identifiable trends in persecution

The extent and nature of the available data on raptor persecution do not facilitate detailed statistical analysis. The data are by their very nature incomplete. Thus it is very difficult to establish - by these data alone - that the trend is one way or the other. Any discussion of trends must therefore be cautious and is not truly quantitative.

On the face of it, the drop in recorded incidents from 1998 to 1999 indicated a reduction in persecution and the marked increase in recorded incidents from 1999 to 2000 showed a substantial increase which has been more or less sustained into 2001. However these fluctuations are not a statistically safe basis for identifying year to year or longer term trends.

RSPB Scotland does suspect, indeed hopes, that the overall general level of persecution - and in particular poisoning - is in long term decline. The welcome recovery of the buzzard is perhaps one indicator that this assumption is correct. However it is important to remember that this general trend - if indeed it exists - does not apply to all species (see Appendix E for details of species that are considered to be still suffering adverse effects from persecution). It is also important to remember that any such decrease in persecution could be very rapidly reversed. 9 Conclusions

The true extent of law-breaking involving raptors is very difficult to measure due to the nature of the terrain in which these offences take place and the secrecy surrounding such criminal activities. There are, however, some conclusions to be drawn from the 2001 figures while recognising the limited nature of the data. These conclusions do not differ significantly from those drawn from earlier data.

Earlier reports identified the hen harrier as heavily persecuted on some grouse moors and absent as a breeding species from large areas of suitable habitat as a result. Events recorded in 2000 clearly confirmed that this situation continued and may have worsened. However, very few incidents of hen harrier persecution were recorded in 2001 and these were all classified only as “possible” cases. The species nevertheless continues to be absent from large areas of apparently suitable grouse moor habitat, including sites where it has attempted to breed regularly in the recent past. There is a perception amongst many raptor workers that those involved in hen harrier persecution now routinely take steps to remove all traces of the bird’s presence as well as the evidence of their own crimes. Several 12 Birds of Prey Report 2001 examples of such behaviour were recorded in recent years and this would account for the situation described above.

The red kite’s as yet tenuous foothold as a re-introduced Scottish breeding bird seems only to be threatened by persecution. In all other respects Scotland would seem to be still capable of supporting a large healthy kite population. Scotland and the rest of the UK are likely to become increasingly important for this species in a wider European context since other major populations in the continent - in Spain and Germany - are now known to be substantially declining.

Persecution also has detrimental regional effects on the golden eagle population - missing or occurring in reduced densities in some eastern and southern parts of its range.

Buzzards continue their welcome return to much of lowland East Scotland which is marred but seemingly not prevented by their still widespread persecution. They also continue to illustrate that the distribution of poisoning incidents does not necessarily reflect the overall distribution of the species itself - in other words the highest levels of persecution do not occur where the highest numbers of buzzards are. Whatever the true overall scale of the problem, the known proven levels of continuing persecution are still very much a cause for concern. There is no acceptable level of persecution. In respect of the hen harrier - a species specially protected under UK and EU legislation - the situation remains critical to the extent that its population is held far below its natural level. Poisoning is a serious threat to the success of the red kite re-introduction programmes. 10 Acknowledgements

RSPB Scotland would like to thank the Scottish police forces, SASA, the Lasswade vet lab of the Veterinary Laboratories Agency and SEERAD for their work in this field and the Scottish Raptor Study Groups for their continued monitoring of the species involved. The Society is most grateful for the support it receives towards its investigations and species protection work from SEERAD. All maps in this report were prepared using DMAP. 11 Appendices and Maps

Appendix A Poisoning incidents in Scotland 2001 A total of 49 allegations or reports of poisoning activity in 2001 were received by RSPB Scotland (66 in 2000; 25 in 1999). Five allegations came from anonymous sources, the remainder were from identifiable sources.

13 Birds of Prey Report 2001

Of these 24 were confirmed as pesticide abuse killing or threatening raptors (28 in 2000; 14 in 1999) and one case involved the possession of a pesticide suspected to be for an illegal purpose. In one of the confirmed cases a buzzard found in a taxidermist’s freezer was shown to have been poisoned but the location of the actual poisoning incident is uncertain. Confirmed incidents are summarised in Table 1

Table 1

Confirmed poison incidents in Scotland in 2001 Month Poison Victim Bait Location 1 Location 2 Feb carbofuran red kite Torbreck Highland Mar carbofuran buzzard Edradynate Perth & Kinross Apr carbofuran red kite Drip Stirling Apr a/chloralose red kite Braco Perth & Kinross Apr carbofuran red kite, crow Scaniport Highland Apr carbofuran red kite Pigeon, rabbit Scaniport Highland Apr carbofuran Pigeon, hare Scaniport Highland May a/chloralose buzzard Glenisla Angus May carbofuran buzzard Heriot Dale Borders Jun a/chloralose (stored for use) Braco Perth & Kinross Jun carbofuran magpie Croftfoot City of Glasgow Jul carbofuran Cat, 4 gulls, Eyemouth Borders blackbird, hedgehog Jul carbofuran red kite Scaniport Highland Jul a/chloralose buzzard Rothesay Argyll & Bute Aug carbofuran golden eagle Cawdor Highland Sep carbofuran 2 feral pigeons Croftfoot City of Glasgow Sep carbofuran buzzard Glendoick Perth & Kinross Sep carbofuran red kite Tomatin Highland Sep carbofuran red kite Stow Borders Oct carbofuran red kite Laurieston Dumfries & Galloway Oct a/chloralose buzzard (from freezer) uncertain Nov carbofuran buzzard Bridge of Earn Perth & Kinross Nov carbofuran red kite Dalswinton Dumfries & Galloway Dec a/chloralose buzzard Aberfeldy Perth & Kinross Dec a/chloralose buzzard St Fillans Perth & Kinross

In a further three cases second generation rodenticides were detected in dead raptors, possibly contributing to the birds’ deaths but not thought to have been the result of deliberate criminal activity. Second generation rodenticides were also found in four of the poison abuse victims in addition to the pesticides that actually killed them.

14 Birds of Prey Report 2001

Appendix B Red kite poisoning: comparison of north Scotland and southern England red kite populations 248 red kites were marked with coloured wing-tags in North Scotland in the period 1989 - 1998. Seventy-six remain alive while 24 have been found dead and subjected to post-mortem analyses. Thirteen of these (54.2%) were shown to have been illegally poisoned while the remainder died of a variety of causes including collision with power cables (12.5%) and collisions with vehicles (16.7%). In only three cases (12.5%) the cause of death could not be established. Another 148 of the sample are missing and therefore presumed dead. Assuming that the post-mortem results are representative, extrapolating the post- mortem figures to all the dead and missing birds suggests that 93 (37.5% of the entire 248 sample) have been poisoned. This is probably a conservative figure as most missing birds are never recovered and some remains are too decomposed for a conclusive post-mortem.

A similar exercise was carried out on a sample of 63 birds wing- tagged in the Stirling area, 1996 - 1998. Eleven have been recovered dead, four (36.5%) of which were illegally poisoned. In another four cases no cause of death was apparent. Using the same extrapolation, figures suggest that 19 of the 63 (30.2%) have been poisoned. Combining the figures from the two areas suggests that 112 of 311 (36%) may have been poisoned.

The occurrence of poisoning incidents within the year also follows a persistent pattern with a distinct peak in the spring and a much smaller increase in activity apparent in the autumn. This is illustrated in Figure 1 below.

Appendix C Types of poison and the temporal distribution of illegal poison use Carbamate pesticides are now established as widely-used illegal wildlife poisons (found in 84 (67.7%) of the 124 incidents confirmed in the 1997 - 2001 five-year period). Carbofuran is – by a substantial margin – the most commonly abused carbamate in these circumstances and was the only carbamate used in the 1997 – 2001 period. Alpha-chloralose - once the most widely used wildlife poison - continues to be used for killing birds of prey (found in 34 (27.4%) of the 124 incidents confirmed in the 1997 - 2001 five-year period). Alpha-chloralose use has declined in favour of carbamates – especially carbofuran - in recent years. The relative occurrence of carbofuran and alpha-chloralose in poisoning incidents between 1982 and 2000 is shown in Figure 2.

15 Birds of Prey Report 2001

Figure 2 Alpha-chloralose and carbofuran use in Scottish wildlife poisoning incidents - 1983 to 2001

40 other

35 a-chloralose carbofuran 30

25

20

15 Number of incidents

10

5

0 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001

Sources: RSPB, SASA, DAFFS/SOAFD/SOAEFD/SEERAD This includes all incidents known to the RSPB but excludes cases where it was deemed that no threat existed to birds of prey. Excluded incidents mostly involve the killing of companion animals - usually cats - in urban and suburban areas. Carbofuran has also become the most widely used poison in these urban cases.

Carbofuran Carbofuran is a carbamate insecticide and nematicide mainly used for soil treatment in the farming of root crops, brassicas and cereals. It has been available in commercial products such as Barclay Carbosect, Rampart, Tripart Nex and Yaltox. It is intended to be incorporated into soil at drilling as 5% w/w concentration granules. Approval for the legal use of carbofuran-based products expired on 31 December 2001. We await with interest the longer term effect of this withdrawal on its illegal use.

The first instance known to the RSPB of carbofuran abuse as a poison for killing wildlife was in Fife in 1988 when a dead pigeon was found baited with the substance. Since then its use has grown rapidly until it is now (since 1997) the single most widely abused pesticide for wildlife poisoning, a position it has taken over from alpha-chloralose.

The abuse of carbofuran often occurs away from the arable areas where it might be thought most likely to be legitimately used. There are a few indicators as to how it comes into the hands of those who use it to kill wildlife but it must come originally from legitimate 16 Birds of Prey Report 2001 agricultural stocks. The RSPB knows at first hand of one case - from northern England - where a keeper claimed to have obtained it directly from the farm manager on his estate3. Only one instance of the wholesale supply of carbofuran is known. An investigation in Fife in 1991 exposed a pheasant rearer and game equipment supplier who provided a bag of Yaltox for the explicit purpose of killing raptors. It may be significant that this supplier was operating in Fife, the first part of the country where illegal carbofuran use was detected.

Alpha-chloralose Alpha-chloralose is a rodenticide available to the general public only in the form of ready-to-use bait material in 4% w/w concentration and approved only for the control of mice within buildings. There is no indication that this approved use has ever presented any significant risk to non-target species. Under licence it may also be used in high concentrations (up to 100%) for bird control - typically by local authorities for the killing of feral pigeons in urban environments. This licensed use is now very rare and the majority of Scottish local authorities now prefer not to use it4. Pesticide usage data - recording lawful use - demonstrate that alpha-chloralose is rarely used on farms in Scotlandix.

Until 1997 alpha-chloralose was the single most widely abused pesticide for wildlife poisoning. Investigations into the sources of illegal alpha-chloralose stocks have several times identified a factory in the Irish Republic as a significant source.

Timing of poisoning incidents The temporal distribution of poisoning in 2001 followed the established pattern of spring and autumn primary and secondary peaks. This is shown in Figure 3.

3 In Northumberland in January 1996 a gamekeeper told investigating police officers that he had got carbofuran found in his possession from the estate farm manager.

4 See Appendix F - Summary of unpublished RSPB survey, 1994, of Scottish District Council use of alpha- chloralose 17 Birds of Prey Report 2001

Figure 3 Monthly occurrence of poisoning incidents 1987 to 2001 90 80 70 Accumulated monthly Mean monthly 60 50 40 30 Number of incidents 20 10 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Sources: RSPB, SASA, DAFFS/SOAFD/SOAEFD/SEERAD

Appendix D Direct bird of prey persecution incidents in Scotland other than poisoning in 2001 Eighty nine reports were received by RSPB Scotland in 2001 in which persecution of this type was alleged (79 in 2000; 78 in 1999). Seven allegations came from anonymous sources, the remainder were from identifiable sources.

Of these 19 were “confirmed” (as defined in the body of the report), seven were classed as “probable” and 21 were considered as “possible” cases of persecution. The confirmed cases are summarised in the following Table 2. The proportion of confirmed, probable and possible incidents is shown in Figure 4.

Table 2 Confirmed bird of prey persecution incidents in Scotland in 2001 Month Method Victim Location 1 Location 2 Feb spring-trapped barn owl Ascog Argyll & Bute Feb shot buzzard St Andrews Fife Mar shot buzzard Aberfeldy Perth & Kinross Mar spring-trapped buzzard Blair Atholl Perth & Kinross Mar shot buzzard Ellon Aberdeenshire Apr set spring-trap in open Scaniport Highland Apr set Blackmon hawk trap Scaniport Highland Apr set spring-trap in open Scaniport Highland

18 Birds of Prey Report 2001

Apr spring-trapped osprey Dunkeld Perth & Kinross Aug shot at nest n goshawks Aboyne Aberdeenshire Sep spring-trapped buzzard Glendoick Perth & Kinross Sep spring-trapped buzzard Glendoick Perth & Kinross Sep set spring-trap in open Coignafearn Highland Sep trapped in baited set unidentified raptor Hawick Borders springover trap Oct shot sparrowhawk Thornton Fife Dec spring-trapped buzzard Finglack Highland Dec baited set spring-trap in Finglack Highland open Dec cage-trapped sparrowhawk Glen Tarken Perth & Kinross Dec shot buzzard Kinbrace Highland

Figure 4 Proportion of confirmed, probable and possible direct persecution incidents in Scotland in 2001

45

40

35

30

25

20

15

10

5

0 confirmed probable possible none

In the remaining 42 cases there was either no evidence to substantiate or disprove the original report or there was clear evidence that the allegation was not correct.

The methods of persecution in all confirmed and probable cases are shown in figure 5.

19 Birds of Prey Report 2001

Figure 5 Methods of persecution in confirmed & probable persecution incidents

12

10

confirmed

8 probable

6

4

2

0 shooting spring trap cage trap other sus. death

Appendix E

Extract from RSPB advice to SNH on the impact of wildlife crime Impact of Wildlife Crime on Scottish Wild Birds Bird of prey persecution Historically, four species of birds of prey have been driven to complete extinction by persecution within Scotland in historical times (goshawk, white-tailed eagle, osprey and red kite). Others, such as golden eagle and hen harrier have had their populations reduced to less than 100 pairs. Even a potentially common bird - the buzzard - became extinct in large areas of its natural range. Some Scottish raptors continue to be restricted by deliberate human persecution. Three species are discussed below to illustrate this.

Golden eagle The golden eagle is on the UK Amber listx of species of medium conservation concern due to its unfavourable SPEC3 status as a species of conservation concern in Europexi. Severe historical persecution reduced the golden eagle population to 80 - 100 pairs in 1870xii. It has since recovered to an apparently stable population of 420 pairs since 1982 (but with less than 300 pairs thought to breed in 20 Birds of Prey Report 2001 any single year)xiii. However, there are substantial areas of suitable habitat unoccupied by breeding birds as a direct result of continued persecution6, 13, xiv. As well as localised complete absence of breeding golden eagles there is also evidence of reduced productivity due to human interference. One long-term study in north-east Scotland showed that on grouse moors between 58% and 75% of breeding attempts failed because of persecution compared with 15% on deer forest where golden eagles bred over five times more successfullyxv.

Hen harrier The hen harrier is on the UK Red list10 of species of high conservation concern due to its historic decline and its unfavourable SPEC3 status as a species of conservation concern in Europe11. Severe historical persecution restricted hen harriers to Orkney and the Western Isles by the end of the 19th century. A slow recovery throughout the 20th century now seems to be have reached stagnation with persecution on grouse moors holding the number of breeding birds well below its estimated natural level of 1,660 breeding females9. Between 1988 and 1995 11% - 15% of breeding female hen harriers on the Scottish mainland were killed each year8. Other studies have shown that birds attempting to breed on grouse moors have a significantly far higher failure rate - attributable to persecution - than those breeding elsewhere7, 8. Birds attempting to breed on grouse moors nevertheless produce larger clutches and broods and - when they do succeed - are thereby more productive than those nesting in other habitats. The extent of this persecution by some gamekeepers is widely acknowledged8.

Red kite The red kite is on the UK Red list10 of species of high conservation concern due to its historic decline and its small British breeding population. It has SPEC4 status as a species of conservation concern in Europe11. Extinct because of sustained persecution in Scotland by the late 19th century, the red kite is currently being re-introduced in joint projects run by SNH and RSPB. This work has been predominantly successful. However, the most substantial threat to this success comes from persecution of the re-introduced birds with poisoning the most insidious form of this. Kites’ feeding habits make them extremely susceptible to the illegal use of poison baits. On the basis of data so far collated 70% of the 23 Scottish red kites found dead and for which a cause of death can be determined are found to have been deliberately poisoned (41% of all 39 Scottish kites found dead). A further 26% of those whose cause of death was identified were killed in accidents (15% of all dead kites) and the remaining 4% of known deaths were from secondary rodenticide poisoning. These figures do not include deaths in the nest of unfledged birds. A substantial proportion of those kites whose cause of death can not be ascertained (41% of all birds found) - typically because they are too decomposed at the time of finding - are discovered in circumstances that give rise to strong suspicion that they too have been illegally killed. Game shooting interests are most strongly implicated in these deathsxvi.

21 Birds of Prey Report 2001

Appendix F Summary of unpublished RSPB Scotland survey, 1994, of Scottish District Council use of alpha-chloralose In 1994 all the then Scottish District Councils were asked to reply to a questionnaire about their current and previous use of alpha- chloralose.

• Only 22 (39.3%) of the 56 Authorities had ever used alpha- chloralose • Most of these 22 had stopped its use over a decade earlier • Only five (8.9%) of the 56 Authorities continued to use alpha- chloralose • These five used it very infrequently and in very small quantities

These findings ran counter to a written reply to a Parliamentary question that the then Minister, Sir Hector Monro, had given saying that the Advisory Committee on Pesticides had concluded that approval should continue because 100% alpha-chloralose products fulfilled an important role in rodent control and were used by local authorities (Hansard, 7 July 1994).

At the time of the survey the British Pest Control Association was also consulted and confirmed that usage was low amongst the private pest control sector.

These findings were communicated in full to SEERAD (then the Scottish Office Agriculture and Fisheries Department - SOAFD) at the time but they did not consider that the situation warranted advising the Pesticide Safety Directorate (a policy agency of MAFF) that any change is needed in the way alpha-chloralose is regulated.

22 Birds of Prey Report 2001

Map 1 Poisoning and confirmed, probable and possible persecution in Scotland 2001

KEY 2001 Poisoning Confirmed persecution Probable persecution Possible persecution

23 Birds of Prey Report 2001

Map 2 Poisoning and confirmed, probable and possible persecution in Scotland 1995 to 2000

KEY 1995 to 2000 Poisoning Confirmed persecution Probable persecution Possible persecution

24 Birds of Prey Report 2001

Map 3 Poisoning 1987 to 2000

25 Birds of Prey Report 2001

Map 4 Golden eagle poisoning and other persecution 1991 to 2001

Poisoning 1991 to 2001 Confirmed persecution 1991 to 2001 Probable persecution 1991 to 2001 Possible persecution 1991 to 2001

References i The Scottish Executive (2001). The Nature of Scotland: A Policy Statement ii Galbraith, C. A., Tucker, C. et al. (2000). Report of the UK Raptor Working Group iii Scottish Raptor Study Groups (1997). The illegal persecution of raptors in Scotland. Scottish Birds 19(2), 65-85 & The Scottish Office Central Research Unit (1998). The illegal persecution of raptors in Scotland. The Scottish Office, Edinburgh iv Dennis, R. H. pers.comm. 26 Birds of Prey Report 2001

v Watson, J. (1997). The Golden Eagle. T. & A. D. Poyser, London vi Bibby, C. J. & Etheridge, B. (1993). Status of the Hen Harrier Circus cyaneus in Scotland in 1988-89. Bird Study 40, 1-11 vii Etheridge, B., Summers, R. W. and Green, R. E. (1997). The effects of illegal killing and destruction of nests by humans on the population dynamics of the hen harrier Circus cyaneus in Scotland. Journal of Applied Ecology 34, 1081-1105 viii Potts, G. R. (1997). Global dispersion of nesting hen harriers Circus cyaneus; implications for grouse moors in the UK. Ibis 140, 76-88 ix K. Hunter (1998) in litt. x Birds of Conservation Concern Partners. (1996). Birds of Conservation Concern in the United Kingdom, Channel Islands and Isle of Man 1996. RSPB, Sandy xi Tucker, G. M., and Heath, M. F. (1994). Birds in Europe: Their Conservation Status. BirdLife International, Cambridge xii Holloway, S. (1996). The Historical Atlas of Breeding Birds in Britain and Ireland 1875 - 1900. T. & A. D. Poyser, London xiii Green, R. E. (1996). The Status of the Golden Eagle in Britain in 1992. Bird Study 43: 20 - 27 xiv Scottish Raptor Study Groups. (1998). The Illegal Persecution of Raptors in Scotland. The Scottish Office, Edinburgh xv Watson, A., Payne, S., and Rae, R. (1989). Golden Eagles Aquila chrysætos: Land Use and Food in North-east Scotland. Ibis 131: 336 - 348 xvi Morton, K., O’Toole, L. and Orr-Ewing, D. (1998). Red Kites Poisoned in Scotland 1997 - 98. Confidential Report commissioned by the UK Raptor Working Group. RSPB, Sandy

27 RSPB Scotland annually records incidents RSPB Scotland gratefully relating to bird crime. All wild bird crime acknowledges grant aid from incidents should be reported to your local the Scottish Executive, which assisted with the production police Wildlife Liaison Officer (WLO) or the of this report. RSPB. For more information on birds and the law contact:

RSPB Scotland Headquarters Dunedin House 25 Ravelston Terrace Edinburgh EH4 3TP Tel: 0131 311 6500 e-mail: [email protected]

RSPB Scotland Regional Offices

East Scotland 10 Albyn Terrace Aberdeen AB10 1YP Tel: 01224 624824 e-mail: [email protected]

South & West Scotland 10 Park Quadrant Glasgow G3 6BS Tel: 0141 331 0993 e-mail: [email protected]

North Scotland Etive House Beechwood Park Inverness IV2 3BW Tel: 01463 715000 e-mail: [email protected]

The RSPB works for a healthy environment rich in birds and wildlife. It depends on the support and generosity of others to make a difference. The RSPB works with bird and habitat conservation organisations in a global partnership called BirdLife International. www.rspb.org.uk/scotland

Registered charity no 207076 Illustration by Dan Powell

falling from its roost near Braco, Perthshire, by Alan Stewart (Tayside Police) (Tayside Stewart Alan by Perthshire, Braco, near roost its from falling Red kite by D Kjaer (rspb-images.com), inset: a poisoned red kite hanging in a tree after tree a in hanging kite red poisoned a inset: (rspb-images.com), Kjaer D by kite Red 77-395-02-03