PERSECUTION AND WILDLIFE CRIME

Members of Raptor Study Groups are uniquely placed to understand the problems associated with persecution of birds of prey in Scotland. Although many raptors have been legally protected since 1954, persecution by gamekeepers and those with sporting interests in grouse moors and lowland estates, remains a major problem. In 1998 Scottish Raptor Study Groups carried out an assessment of the extent of the illegal killing of raptors in Scotland. Published by the Scottish Office, it was launched at the Scottish Wildlife and Countryside Fair, where the late Donald Dewar, then Secretary of State for Scotland, expounded the view that persecution of birds of prey was a national disgrace. At the same time the Government published Counting the Cost – The Continuing Persecution of Birds of Prey in Scotland in which Lord Sewel, then Minister for Agriculture, the Environment and Fisheries, wrote–

"Scotland's wonderfully diverse wildlife is a national treasure, and wildlife crime is a crime against us all. It is particularly despicable when it takes the form of the illegal persecution of magnificent birds of prey, which give pleasure to thousands."

Another early landmark was the Report of the UK Raptor Working Group, published in 2000. This report highlighted that in the four years since the Working Group was established in 1995, there had been 371 confirmed reported incidents, but that this reflected a small proportion of the actual incidents which occurred. There was strong evidence of adverse impacts on numbers and productivity associated with illegal killing on grouse moors. The Working Group made a number of recommendations including enhanced enforcement of existing legislation to seek to eliminate illegal killing of birds of prey.

These problems were not new for raptor group workers. What was new, was that senior politicians and officials of agencies such as Scottish Natural Heritage were, for the first time were prepared to speak out against the problem. These reports concluded that persecution was by no means rare, and the killing of adult birds and destruction of nests continued or even increased during the 1990’s. Donald Dewar also said that the Government, and the soon to be Scottish Parliament “will take all possible steps to eliminate persecution.” Ten years on from this statement, perhaps finally, some progress is being made.

The Partnership for Action on Wildlife Crime (PAW) brings together the Police, HM Revenue and Customs, and representatives of Government Departments and voluntary bodies, with an interest in wildlife law enforcement. It provides a strategic overview of enforcement activity; considers and develops responses to strategic problems; and looks at issues of strategic concern. Its main objective is to support the networks of Police Wildlife Crime Officers (PWCO).

As part of the overall UK-wide structure, PAW Scotland has existed for at least 15 years. Although it has been responsible for many preventive initiatives post devolution, it has lacked strategic support from a number of the key agencies. Since the SNP administration came to power that significantly changed under the leadership of Minister for Environment Michael Russell. A major turning point was the Borders Golden Eagle poisoning which led to two parliamentary debates on Wildlife Crime and the police thematic inspection ‘Natural Justice’. This led to the publication in September 2008 of the Scottish Wildlife Crime Reduction Strategy which iwill be implemented through a PAW Scotland plenary and executive group, and a number of sub-groups. The Minister for Environment will chair the Plenary and Executive Group. The Sub-Groups include ‘Funding’, ‘Intelligence and Information Sharing’, ‘Legislation, Regulation and Guidance’, ‘Media’ and ‘Training and Awareness’. Scottish Raptor Study Groups is a member of PAW and is represented on the Plenary Group and the Intelligence and Information Sub-Group. The persecution of raptors has been a major factor in influencing this new strategic commitment and SRSGs are committed to working in partnership to support this.

The accurate recording of wildlife crime incidents involving raptors is a major challenge and most will be aware that the RSPB in Scotland produce an annual report. In 2006 RSPB Scotland confirmed 42 incidents of poisoning and a further 85 reports of bird of prey persecution. The poisoning reports are at the highest level in 25 years. To read RSPB’s annual report on the persecution of birds of prey in Scotland simply click here to download the PDF.

Theoretically, monitoring of incidents should be a responsibility for the police, but because of different systems deployed by different police forces, officially recorded statistics do not properly reflect the scale of the problem. The first challenge is to make sure that all wildlife crime incidents are reported to the police, preferably to Wildlife Crime Officers known locally or through the contacts shown below. Because of incidents sometimes not being logged properly it is also important to make sure that RSPB Investigations staff are also made aware of any incidents reported to the police. Wildlife crimes such as suspected shooting or poisoning of birds, destruction of nests or eggs, or reckless disturbance should be reported at the time and without delay. The remains of dead birds of prey, irrespective of age or condition, are well worth collection and forensic examination.

Recent published research showed that illegal persecution remained particularly prevalent on grouse moors, so for raptor workers, once more there is little new. Golden Eagles are threatened by persecution in parts of mainland Scotland, and some local populations face the prospect of significant decline unless action is taken. In some areas of Scotland the re-establishment of the Red Kite continues to be jeopardised by illegal persecution, and each year brings further reports of the destruction of Hen Harriers and Peregrines .

A variety of legislation protects raptors, the most significant of which is the Wildlife and Countryside Act 1981, recently amended by the Nature Conservation (Scotland) Act 2004. The new provisions make it an offence to:-

To intentionally or recklessly kill, injure or take a raptor, or intentionally or recklessly damage, destroy or otherwise interfere with a nest while it is in use or being built.
To take or destroy the egg of a raptor
To possess or control a live or dead raptor, part of the bird or its egg
To intentionally or recklessly disturb a raptor on Schedule 1 of the legislation (includes all birds of prey except kestrel, sparrowhawk and buzzard) while it is building a nest or is on or near a nest containing young or eggs, or to disturb its dependent young.
To knowingly cause or permit any of the foregoing
To attempt to commit any of the foregoing or to be in possession, for the purposes of committing any of the foregoing offences, of anything capable of being used to commit the offence.

The new penalties for committing of these offences have been increased to a maximum fine of £5,000 per offence and/or 6 months imprisonment. This equally applies to a person in a supervisory capacity, such as a Landowner or Estate Factor, convicted of causing or permitting any of the offences. Only time will tell whether such penalties prove a deterrent, as historically offences against birds of prey have been extremely difficult to prove.

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Counting the Cost publication

UK Raptor Working Group report

RSPB Persecution Review 2006