THE ILLEGAL KILLING OF BIRDS OF PREY IN SCOTLAND 1994–2014: A REVIEW CONTENTS 4 FOREWORD 6 EXECUTIVE SUMMARY 8 INTRODUCTION 10 POISONING: 2013 AND 2014 SUMMARIES 14 OTHER PERSECUTION INCIDENTS IN 2013 AND 2014 18 PERSECUTION OF RAPTORS IN SCOTLAND: A REVIEW OF 1994–2014 22 THE IMPACT OF PERSECUTION 24 HEN HARRIER 26 RED KITE 28 GOLDEN EAGLE 30 THE DEVELOPMENT OF LEGISLATION 32 INVESTIGATION, PROSECUTION AND SENTENCING 36 WHO IS KILLING BIRDS OF PREY? 40 ONLY A FEW ROGUES...? 42 CONCLUSIONS 44 RECOMMENDATIONS 46 REFERENCES Front cover – This satellite- tagged golden eagle was found poisoned near Morar in 2012. Opposite page – Poison bait: a dead rabbit laced with Carbofuran, Strathnairn 2006. FOREWORD On 11 May 1995, RSPB Defending wild birds and nature is at the core of our charitable purpose, and we will continue to present the Scotland published its evidence base to the public, who have a right to know first annual report what occurs in Scotland’s countryside, especially when summarising the illegal such activity threatens the populations of some of our killing of raptors in most iconic and vulnerable bird species. The impact on the populations and range of bird of prey species caused Scotland (RSPB, 1995). by criminal persecution by humans is often severe, and The conclusion of this therefore here we present the data to allow the reader to report, titled “Bird of make their own assessment of the scale of the problem Prey Persecution in still facing this group of species, despite many decades of full legal protection. Scotland in 1994” stated: Our comprehensive dataset, covering all detected “The serious persecution of hen harriers is of particular offences against or targeting birds of prey, is unique concern for a species whose Scottish population is and provides the only accurate, central record of these of European importance and which is afforded the crimes over a 20-year time period. By the annual reporting highest possible level of protection under both British of these figures, we have been able to present a clear and European law. Other studies have shown that this picture of the widespread, deliberate and systematic persecution is limiting the range and numbers of hen killing of these species. Every report we have published harriers. Other internationally-important species such as has made sobering reading. With this 20th report, we golden eagles and red kites are also at risk.” have now published figures listing the confirmed illegal killing of 779 protected birds of prey. While this is the Since the 1980s, RSPB Scotland has meticulously and only long-term record of all recorded crimes against these systematically recorded all known incidents of wildlife species, we acknowledge that the laboratory of Science crime targeting birds of prey, whether it is by poisoning, and Advice for Scottish Agriculture (SASA) has produced shooting, trapping or nest destruction, and has made the annual reports documenting poison abuse cases for many data publicly available. years. It is also welcome that since 2012, the full range of raptor persecution incidents are now also being listed in an annual report on wildlife crime published by the Scottish Government. 4 The creation of the devolved Scottish Parliament has led Twenty years on from our first report, the conservation to the strengthening of the legislation protecting wild birds status of both hen harriers and golden eagles continues under successive Governments. There have been changes to be under significant threat due to illegal persecution in in the enforcement community, with the recent creation Scotland, while the reintroduced population of red kites, of a single Scottish Police Service, and the welcome though gradually expanding in range and increasing, is still establishment of a specialised Wildlife and Environmental highly vulnerable and continues to be constrained in some Crime Unit within the Crown Office Procurator Fiscal areas. It is also apparent that buzzards, goshawks and Service (COPFS). We have also seen the headquarters peregrines continue to be illegally targeted, particularly in of the National Wildlife Crime Unit (NWCU) based areas managed for “driven” grouse shooting. permanently in Scotland, as well as an active Partnership Against Wildlife Crime Scotland (PAWS), chaired by a Whilst we welcome the steps that the Scottish Scottish Government Minister. Wildlife tourism has grown Government has taken in recent years to try and bear significantly, with the attraction of watching birds of prey down on the perpetrators of wildlife crime, it is clear in places like Mull and Dumfries and Galloway adding a that the game management sector’s approach to valuable contribution to local rural economies. self-regulation has failed. This is despite warnings by successive Environment Ministers of the urgent need Since 1994, bird of prey populations have shown variable to call a halt to wildlife crime on sporting estates. We trends in both abundance and distribution. There has have thus called upon the Scottish Government to been a significant increase in the scientific evidence introduce a robust system of licensing of sporting base demonstrating the detrimental impact of human estates, similar to systems in place in other European persecution on raptor populations; and advances in countries, with the right to shoot dependent on legal technology, notably the increasing use of satellite and sustainable management practices, including the telemetry, have allowed both a greater understanding conservation of native birds of prey. We note and of the day-to-day movements and survival of dispersing welcome in this regard, the undertaking in 2013 by the immature raptors post-fledging. Satellite telemetry then Minister for the Environment and Climate Change, has greatly enhanced our ability to identify those often to commission a review of game-bird licensing options remote areas where birds of prey are “disappearing”. for the Scottish Government. These advances add yet more weight to our position, that those birds that are recovered dead and confirmed by We publish here, for the first time, statistics for incidents Government testing to have been illegally killed are very that occurred in 2013 and 2014. The former was much “the tip of the iceberg” and now science is helping designated as The Year of Natural Scotland. It started to prove this case. with the first nest built by white-tailed eagles in the east of the country in over 100 years being destroyed, and We recognise that many of Scotland’s land managers ended with the illegal poisoning of a young golden eagle. operate legitimate and sustainable shooting enterprises Both of these incidents occurred on Angus grouse moors, and often provide considerable benefits to a range of in an area where there have been numerous confirmed species through habitat management and legitimate and well-publicised previous incidents of persecution of pest control. Good practice is not uncommon and we protected birds of prey. Then, early 2014 saw the illegal welcome and encourage it. We also acknowledge that poisoning of 12 red kites and four buzzards on the Black in lowland areas and on estates where “walked-up” Isle, and the disappearance on a Donside grouse moor, grouse or deer are the main quarry species, persecution of the first young white-tailed eagle to fledge from a nest incidents are rare. in the east of Scotland in modern times. In contrast, in the uplands of eastern and southern Now is the time for leadership from the sport shooting, Scotland where land managed increasingly intensively and especially the driven grouse moor community. It is for the sport of driven grouse shooting dominates the time the outdated and illegal persecution of birds of landscape, there is little sign that attitudes towards prey stopped. birds of prey have changed. Indeed, as this report will demonstrate, raptor persecution is now largely Stuart Housden OBE concentrated in such areas. This has led to swathes of Director, RSPB Scotland upland Scotland devoid of a successfully-breeding bird of prey community, and there continues to be a systemic culture of denial amongst some representatives of the land management community in acknowledging the extent of criminality against birds of prey evident from the figures both we, and now the Scottish Government, publish annually. 5 6 From 1994 to 2014 at least 461 common buzzards have been illegally killed in Scotland. EXECUTIVE SUMMARY The illegal killing of birds of prey in The report discusses developments of the legislation designed to protect our birds of prey, but suggests that a Scotland has been a significant combination of the very low probability of an offence being conservation issue for many decades. detected; an enforcement regime that has been patchy and variable; and the modest penalties imposed following Since 1994, RSPB Scotland has published a series the most successful prosecutions, have only had a minimal of annual reports, documenting incidents of raptor effect in deterring those criminals who wish to deliberately persecution, detailing any resultant prosecutions and harm protected species and given them the confidence to highlighting scientific research showing the impact continue with these crimes. these incidents have had on species’ populations and abundance. These reports have also highlighted trends in We demonstrate that birds of prey are not victims of the methods of persecution, illustrated the issues with a random crime, but are targeted in premeditated acts by number of case studies, and made recommendations as those who have a motive, the means and the equipment to how such crimes should be addressed by the relevant to commit these offences, as well as the knowledge authorities. We have also repeatedly called for leadership of where and how to target these birds. We also show from the sport shooting community to stand against that this is not the work of a few rogue individuals, but those who persist in condoning or turning a blind eye to is widespread and heavily concentrated in areas where these crimes.