Tuesday, October 9, 2012

A hopeful dispassionate look at Vicarious Liability!

Over the past couple of years or so the subject of Vicarious Liability has figured large within the news, the outpourings on web sites and, in particular, the discussions taking place on the latter and similar Forums. Let's backtrack a little though!  The offence of Vicarious Liability had been embraced in legislation in Scotland and was done so as part of the WANE Bill ( Wildlife and Natural Environment Bill )  brought in under the aegis of , then Minister, Roseanna Cunningham.  Under the devolved process such legislation had no application, of course, in England or Wales.

Following that I seem to remember a few comments coming forward from the "conservation sector" as to it being unworkable!  However, a question was raised in the Houses of Parliament as to why it was not being embraced by Westminster and received a rebuff from DEFRA Minister, Richard Benyon, who said, in effect , that there was already sufficient wildlife laws in existence to do the job!

At some point in time around then , or following it, an independent E-petition was registered by a lady, Chrissie Harper,  last October calling for a debate in Parliament on the subject.  Chrissie runs an owl rescue centre in southern England and, therefore, has a direct association with raptor persecution issues. All this seems very logical and sensible and utilises aspects of the democratic process we are all now encouraged to utilise. At this point there seems to have been a slight error of judgement, indeed, I feel there may have been a bit of "firing from the Harper hip" that could be held slightly responsible for what then followed. I've made this point before and still feel it has relevance! However, it is a point , not a major criticism. Previous to the E-petition being registered I don't believe any discussions or approaches were made to the RSPB, amongst others, to call for their assistance in generating signatures for the petition. That was a mistake in my view. They certainly were made afterwards, with several E-mails appearing publicly. Many people signed the petition early on in the process, including me, and continued to promote it. However, the RSPB was lukewarm at best, although it got a mention in various Blogs and in their E-newsletter. That is not the same as an upbeat, outward expression of support and they should now be big enough to acknowledge the fact!!  A cynic might even conclude that, because they weren't in the driving seat, they'd decided to pursue a separate, independent , but clearly linked line of action attributed to them only.

The E-petition foundered.  The low level of signatures  is a bewilderingly pathetic expression of the disgust and opposition we so often see expressed on web sites, letters to the media etc., despite attempts to promote it widely. That's an aspect to investigate at a later date, as it involves a large section of our Society pledged , very actively, to a hobby they care passionately about and who express opinions on it frequently, but who somehow remain detached from the democratic process. However, when the RSPB ran a "signature campaign" related to raptor persecution,  it secured the interest of over 200,000 people, double the threshold required for an E-petition to be considered for debate in the House. Incidentally, achieving the 100,000 threshold of signatures does not automatically secure a debate;  all topics are scrutinized by a Committee first. However, in this case, a large number of signatures on a petition backed by the acknowledged national bird conservation organization in the UK would have assisted greatly. So , why has the RSPB dragged its heels or avoided the issue?

In recent times much has been made of the review of wildlife legislation in England  carried out by the Law Commission and which is currently out for consultation.  The RSPB are encouraging people to respond and, indeed, calling for them to draw attention to the , yes, you have it, details relating to Vicarious Liability! Now, at the time when their support was being called for the details emanating from the Law Commission weren't public. The RSPB may have suggested the topic to the Law Commission for consideration within their review, but one doubts if guarantees for inclusion would have been given by the latter. So why not offer support to a petition that exhibited the feelings of conservationists within the UK?  Perversely, the absence of support from the RSPB would suggest to some that they weren't in favour of it!!  We now have what might be seen, charitably,  as a somewhat hypocritical position being assumed by RSPB, who are openly promoting the need for Vicarious Liability to be adopted.

Whilst the RSPB, to its credit, has openly attempted to explain its position ( see the correspondence on the Raptor Politics website ) and has admitted the situation revolves around tactics, I think they continue to overlook the interpretation that will be attributed to their more recent position by most people, namely that they avoided an involvement.

So where does that leave the issue?  Consultation responses to the Law Commission review are being called for by the RSPB, and doubtless many people will assist. I doubt that, numerically, that number will equate to the number of signatures that might have emerged had the RSPB put its weight behind the E-petition. Can the current situation be improved upon? Of course it can!

In my view it will do no harm at all for the RSPB to be a late hour advocate of the E-petition. A call for action from its members to sign the petition, coupled with press releases promoting  its decision, will send an initial message to the Government, to DEFRA and to those administering the results from the Law Commission review, that underscores the value attributed to the Vicarious Liability clause. Note, this is a call for action,  not a call for an apology, nor an admittance that they "got it wrong".  I'm not a supporter of "hue and cry" politics, or retribution being awarded bruised egos, but what can be demonstrated here, via a single afternoon's effort, is solidarity with a whole host of people calling for an end to raptor persecution. What is needed now is for the RSPB to return to being a campaigning organization, taking pride in its policies and research results, promoting the needs of both, but not by fighting for change whilst being part of the Establishment, which is what appears to have happened.  Justified condemnation and criticism is not something to be reticent about, is something to be pursued with confidence whilst standing tall and independent.  The overall mission is surely to promote conservation policies with clarity and gain the widest support for change that is possible. Somehow a little bit of confusion has crept in on this issue that certainly needs to be sorted out. We'll see what happens!

 A month still remains within which action supporting the petition can be organized. Not to do so, whilst openly advocating that support should be expressed for Vicarious Liability within a consultation exercise, makes no sense. I sincerely hope that, if the RSPB turns its back on this opportunity, the support for Vicarious Liability within the above Law Commission process ultimately works out. If it doesn't then this potential use of the petition process is a wasted opportunity that might otherwise have resulted in a wide debate on a subject we are all concerned about........raptor persecution.  Is there a choice really?

Monday, October 8, 2012

Arrivals and departures!!

Well, in the spirit of a rejuvenated Blog, I'd hoped to have displayed at least one photograph of a Draconid meteor given a shower was predicted for yesterday evening and beyond nightfall. The forecast was for a "handful of languid" meteors suggesting it was never going to be that spectacular. By contrast, Draco has been known to produce many thousands of meteors within a given hour, but I'm not at all sure when. Anyway, cloud cover  ruined the potential of the whole episode, despite a couple of checks overnight.

A sunlit dawn was all too brief in extent, but provided a good backdrop to the roaring of Red Deer stags from the confines of the forestry beyond the grass moor looking east from the house. I suspect the newly arrived holiday makers at the cottage close to the plantations thought they'd somehow transferred to the African savannah such was the level of noise in the calm conditions.

Taking advantage of the good visibility and calm sea I spent the morning seawatching. Northern Ireland was clearly visible across the wide expanse of water moved only by a slight swell.  Gannets, a few auks and Kittiwakes were moving south together with a fine Great Northern Diver in seemingly full summer plumage and a dark phase Arctic Skua. A group of 23 Whooper Swans flew north along the coast having been heard in their approach for ages from somewhere south of Islay. Later, what I suspect was another group way over towards Ireland, followed a more normal route southwards towards their wintering grounds A little later a flock of Golden Plover came in off the sea from the south west and headed off  east, again birds undoubtedly gaining a " navigation fix " whilst on passage. We tend to presume birds move along very fixed lines of passage , but not always. At the height of the goose arrivals there's always some Barnacle Geese that seem to overshoot Islay and can then be seen excitedly moving north to gain their intended point of arrival at Gruinart to join up with the rest of the wintering population. Later on there are obvious exchanges with Northern Ireland, usually weather induced, which proceed on a much more leisurely and intended basis!!

In advance of any numbers of winter thrushes arriving, and by utter contrast, the presence of  wintering Robins is already noteworthy. Individuals seen alongside tracks, in isolated bramble patches and small tangles, pays testimony to the fact that the species is quite an early arrival in autumn to supplement what is not that high a breeding population.

Friday, October 5, 2012

RSPB's call for action! Stop Press!

It would be uncharitable to be too critical of the RSPB as far as action against raptor persecution is concerned as addressing the actual  problems on the ground forms part of its core activities via its Investigations Section.  However, periodically promoting the Society's concerns more generally on the subject , as opposed to mounting a full blown campaign against those responsible, which is what I believe is currently needed,  has been the approach taken. Whilst not being in agreement with it , I respect the decision taken!

Today, riding on the issue of the Society's Birdcrime 2011 report, (download it, read it! ) comes an altogether more robust clarion call from Martin Harper ( Director Conservation ) against which I would offer every ounce of support. Entitled "Birdcrime: it is time for action"  it lays out very fairly what the RSPB wishes supporters to pursue. Read the whole article on Martin Harpers Blog
(  www.rspb.org.uk/community/ourwork/b/martinharper/default/aspx )

Sadly, I have to agree with the sentiments expressed about Hen Harriers, namely that this may well be the final opportunity to reverse the recent trends which have brought the English population so close to extinction. This is  now the time to act, your help is being called upon!  Don't leave it to others.





Bird Blog bonanza!

Have been "tied to home" for the past couple of days awaiting calls and contacts from afar!  Managed to get another Winter Thrush Survey completed, albeit a nil return, but had passage Hen Harrier and Merlin moving through south through the SW Rinns of Islay as a consolation.

I used some of the time to take a look at a whole series of Blogs and websites to do with birds. It could be a habit hard to break if you got hooked as there are a  LOT !!  Somewhat idly I began to critically appraise them on the one hand and  ( unashamedly ) look for approaches and techniques I might adopt myself!  One immediate lesson was discovering some are given over to 90% photographs and 10% text and make you want to throw your camera equipment away!!  The lesson is clear though, pictures are a bonus and certainly something to consider, even confirmation shots or landscapes.

Some Blogs are simply a jumbled mess of reportage, are badly written with no real story line and are of questionable value due to being addressed to known "members" covering a local area. Sadly they're also so uniform and repetitive they could be written in advance.  Others are enviously brilliant!!  Where do they get the time from?  Like all good reporters too, they always seem to be at the right place at the right time and even manage a couple of photographs of competition quality !! I suspect more than a little forward planning goes into some entries, which is perhaps a lesson in itself.

Some sites simply promote guiding services, or accommodation, with tour reports, local site details, suggested itineraries and so on. You could have a very pleasant "Virtual Reality" type tour of , say, Australia by looking at a whole succession of linked sites for a given area or country! But these sites play a vital role when planning a trip, either at home or abroad, when it's necessary to get up to date details. A mention must also be made of the major holiday bird tour companies whose websites often include access to endless reports of past visits to various countries but who, understandably , don't always reveal the precise details of areas visited for specialities. Closely allied to these are the major websites we all know about, which catalogue and make available trip reports, and which can be blamed for many a lost afternoon or evening when time itself moves into a vacuum, then filled with an enthralling array of information relating to visits you'd love to emulate.

Undoubtedly there are Blog sites and web sites that provide useful information, but are designed to serve the "reputation" of the author in one way or another and, very often, underpin an accompanying commercial activity.  Attractive, yes, but aren't egos boring and repetitive in nature?  There are sites and Blogs directed at campaigning ( I'm one of them at times! ),  from which the revelations  can be a clarion call for action and even shocking at times. However, some are little more than sites pursuing a self-serving process of recrimination and criticism of others, are lacking in balance, usually big on exaggeration and distortion and, despite their best efforts, result in producing something little better than pedantry. But we support free speech after all ( you don't have to read it of course ! )  and I'm convinced fringe views are often read for entertainment value, as opposed to securing any change from, or having influence on, the views of the reader.

Whilst I suspect all this has been little more than a scratching of the surface of what is available, it's certainly worth the effort. Notwithstanding the design and style elements , I've been transported into the delights of warbler passage in North America, raptor watching in Nepal and the results from pelagics. However, we've all surfed the web and enjoyed similar "discoveries" , but deliberately looking at the style and approach of other people  completing a similar activity to yourself is beneficial . There's also lots of advice around as well, for example, take a look at the list of recommendations Mark Avery includes in his book, " Blogging for Nature".

 Sadly, besides discovering new sites, some favourites "die" too, as time to maintain output is squeezed or removed altogether. Overall though, it's a fascinating exercise nonetheless and has resulted in my list of Bookmarked sites now being at an all time high!! From a personal perspective it's certainly an exercise that is well worth the effort, highlights a number of pitfalls and suggests many new ideas to follow. Armed with all this wisdom I suspect many of the Blogs I've put out in the past might carry a "comment" at the bottom saying, "Can do better". However, I was a bit unprepared for the immediate reaction which came from a colleague, quite spontaneously, when I discussed the topic with him last evening.  "You're putting out too much feature material", he said. " I know you feel writing up what you've seen during the day can seem similar to what you wrote about the week before, but people like reading the routine birding stuff as well. Don't give up on Hen Harriers , but let's hear what you're up to."  He did give some slightly more colourful instructions about not reporting  too frequently particular species he rarely encounters !!  On reflection, I think he's right and that it's healthy to be prepared to take a step back, and then embrace, a fresh approach to the routine.  So it looks like variety, photographs and a few other tweaks are necessary, and that the time spent delving into various Blogs and sites has not been wasted.       Anything to avoid the "Can do better"!!

Monday, October 1, 2012

Hen Harriers.......satellite tracking and transparency

Now, I admit I've possibly an over-healthy interest in matters affecting Hen Harriers but, in my view, still too little appears  to be being done to address the appalling persecution of the species in the UK.

Until 2012 the Forest of Bowland, Lancashire had been the main English breeding stronghold of the species for over forty years. None bred in 2012 and it appears that only one pair did breed successfully elsewhere in England. This signifies that the battle against persecution of the species in England has virtually been lost. Similar depredations occur elsewhere in the UK so the situation, in reality , is much worse. Sadly birds moving south, following a breeding season in Scotland, are likely to be met with an onslaught of prejudice, illegal persecution and intolerance, with roosting birds being deliberately targeted. At the next national survey of harriers I think we can predict the results will be disastrous if the current situation is allowed to continue. At an earlier point in time than that survey I think we can also predict the results for Hen Harrier resulting from the  BTO Atlas Project, when they emerge in 2013, will be less than heartening. Today I've no intention of drawing attention yet again to the activities of that selfish,arrogant sector of our society who are responsible for such persecution.  Instead I'd like to reflect on what we see forthcoming from our conservation organizations and other agencies, both official and voluntary, in terms of pursuing change
and question whether we might expect more.

First of all, let me draw attention to what would assist greatly in identifying where such persecution is concentrated. It's generally accepted that satellite transmitters attached to birds are a tool that, nowadays, will extend our knowledge of bird movements beyond our wildest expectations. If we consider Hen Harriers then this information, and the ability to be absolutely fascinated by following such movements, has been more than adequately provided for by a variety of organizations. Setting aside specific research objectives, or even political ones (!), simply take a look at the plethora of results provided by the following, (Langholm Moors Project,  Highland Foundation for WildlifeHen Harriers in IrelandRaptor Track Project. ). Now one common theme that characterizes these projects and their websites is that the results arising from their tracked birds are openly available for all to scrutinize. Sadly a proportion of these celebrated birds are lost, some naturally,  but some meeting a less than dignified end, the final resting places of all being identified by their conveyed technology.

So why, in the light of this highly developed and most useful technology, has Natural England repeatedly rejected or ignored calls for the specific details of the journeys and losses of birds carry satellite transmitters under the aegis of the Hen Harrier Recovery Project to be made available publicly?  Clearly there are no limits placed on how these results might be represented as the above web sites show. Clearly the details arising from the dead birds  should assist in pinpointing the areas , even the individual landholdings , where the particular individual met its end. Notwithstanding the fact that it has been public money that has funded the project,  what justification might be behind this intransigence and secrecy? One imagines the non-disclosure results from the Tory Government, via its Minister at DEFRA, the Department under which Natural England operates, issuing specific instructions aimed at protecting the private shooting estates that would otherwise be identified and undue attention then being focussed on their "management activities"  Whilst there has been some tacit admittance by DEFRA that there is an association with the loss of these birds and heather moorland habitat they appear to maintain it is difficult to pinpoint precisely the location where a bird met its demise.  This response either smacks of a deliberate cover up or that a review needs to take place of the technology they employ given both the corpses and transmitters from other birds have been recovered in the most austere of circumstances, e.g a Black Stork lost in the mountains of Morocco!  Setting aside that DEFRA and officials within Natural England are obviously willing to subscribe to both a dereliction of duty and neglect if one examines their position against the very conservation project they sought to promote, i.e. the protection and improvement of the English Hen Harrier population,  the situation is actually worse if one then looks at the position of the voluntary sector.

Whilst the RSPB has spent an almost countless sum of money both promoting and pursuing the plight of the Hen Harrier it almost seems now as if they have admitted "enough is enough". Confronting the Establishment on the whole question of raptor persecution  appears to be something they have no stomach for and that the current circumstances will be dealt with under a PR policy, " Unfortunate extinctions we have had to accommodate!".As we are often assured via the statement, " there is much going on in the background" or similar, can we have any confidence in such given the apparent absence of direct initiatives.  If such declarations simply express more hope than intent, then the situation is wholly unacceptable in my view.  The RSPB is the organization many of us look to to fight such battles and capitulation is out of the question.

And what of the political Parties?  The position adopted by DEFRA/Natural England, and outlined above, links with the almost corporate abdication of responsibility  for the natural environment which is being pursued  by the current Government ( The Greenest Government Ever remember ). The Tory position appears to embody  "we know best" and "we'll protect our own"  policies, coupled with a condemnation of any regulation designed to protect our natural heritage. The LibDems are consumed with zero carbon matters and little else, which leaves the Labour Party.

Well,  in the belief that Shadow Ministers might be interested in a topic the  current Government is clearly avoiding I've forwarded on to them various details in the hope that the matter might be investigated, questions raised and action initiated. Similarly I've distributed the information widely in the hope that other people will pick up on the issue, perhaps some readers might elect to write to their MP's on the matter themselves. If such occurs please let me know the outcome and " good luck".

BTO Winter Thrushes Survey.

Over past weeks the British Trust for Ornithology ( BTO ) has been making arrangements and issuing instructions associated with its forthcoming and latest survey  (Wintering Thrushes Survey ). Whilst the recent Atlas Project will have very effectively determined the distribution of our wintering thrush species, not as much is known about the precise use made of different habitats and foods, movements and other associated questions. The survey will run over both the 2012-13  and 2013-14 winters.

Full details are on the website ( see the above link ). Essentially the survey is designed to be completed on-line if at all possible, which cuts out a lot of unnecessary administration and costs. Single km.squares can be "self selected" and then surveyed , ideally at monthly intervals over the period late September-early April of the years concerned. Additionally " Core Squares"  have been randomly selected by the BTO throughout the UK and these will be subjected to additional analysis based on observations made within the strictly defined period of 27th December-10th January. Regional Representatives are tasked with gaining coverage for as many of these as possible.

At first glance the setting up process for self selected squares looks a little daunting ( mapping your route on a map and inscribing a polygon around the area over which you can make observations ), but it's actually quite fun! And first time goofs (!) can easily be erased.

So take a look at the above website and see if you can help. One visit per month ( or two or three on the same day ) is not too demanding and the route you select only needs to be between 0.6 and 2.0 miles. A sure fire way after December to walk off the effects of too many Christmas calories and, remember, 0.6 miles is only walking across a single km.square in a straight line, so you're not letting yourself in for a marathon!! Currently I'm busy trying to recruit volunteers here on Islay, Jura and Colonsay from within the small number of residents who are interested in birds. Sadly, and understandably, there is no element of  casual observations built into the survey , but visitors here over Christmas and New Year  (a tradition with some! ) can still play a part by assisting with the coverage of Core Squares if they are able.

There are other aspects to the main survey too! If you've limited time the "Birds and Garden Berries Study" may be something you can contribute to and observations can be conveniently linked to your very own garden! The "main" survey relates to the berry bearing bushes, shrubs or trees in your garden, the availability of berries through the winter and the use made of these by birds throughout the same period. A further component is associated with berry depletion......pretty important when you think of the implications of large numbers of thrushes being forced to move off from an area due to harsh weather and the food they may, or may not find, in different areas farther afield.  Finally , you can indulge in some real basic, observational work by carrying out timed watches of feeding birds and how many berries they eat.

So, opportunities for everyone to assist with.  You can even hum " the Holly and the Ivy" carol to keep up your spirits as you trudge around your squares and find birds are in short supply.   Best of luck!!

Saturday, September 29, 2012

Grey lag Geese on the move. 27.9.2012.

Thursday saw me up on the Sound of Islay on a fairly quiet , but nonetheless interesting day. The confusing picture surrounding our resident Grey lag Goose population, which appears then to be supplemented by arrivals ( or dispersals ) from elsewhere in autumn continues to be intriguing at best!! Even worse, a good proportion of our breeding birds also then  move off elsewhere themselves as the early autumn insurgents move on!!

Thursday certainly added to the confusion! First came a skein of about 80 Grey lags moving high to the NORTH over Beinn Dubh . Next was a small party moving SOUTH down the centre of the Sound and bypassing Islay and Jura completely. Finally, a further party flew high to the SOUTH over the hills of the north east of Islay! Nothing remarkable you might say, except that, a few years ago, such observations would have been an absolute novelty!! Clearly, compared to recent years, more Grey lags than ever appear to be on the move in autumn in this part of Scotland and much remains to be discovered.   Recently a flock of Grey lag Geese arrived together with a couple of Snow Geese. Rather than get too excited by the latter ( and I certainly think the Rarity Forms can be set aside ) the arrival provided a possible clue to the origins of the birds, which is interesting in itself.  For several years a feral flock of Snow Geese has prospered on the Isle of Coll and I feel confident in suspecting this location as being that from which the birds originated. But were the Grey lags from further afield or from the neighbouring island of Tiree that has a flourishing population? More questions than answers again!!

Little else appeared to be on the move , although a couple of White-tailed Eagles moved over. Late summer and early autumn always sees numbers of Grey Herons strung out along the Sound originating from the heronry on the nearby DunLossit Estate. Groups of five or six are not exceptional and today showed a number of gatherings along the shore. More exciting was  watching the groups of Red Deer across an extensive tract of hill ground. The ever vigilant stags paced back and forth with no movement of potential competitors missing their scrutiny. One large stag, with his accompanying group of hinds nearby, suddenly charged at full tilt down the hillside and engaged with a lone individual that had, deliberately or otherwise, strolled into the obvious " no go " zone. Several vicious confrontations resulted until the contender turned around and trotted off, the apparent necessary behaviour signalling a dignified withdrawal!  The victor slowly went up the steep slope, back to his harem, which had remained unruffled throughout and continued their grazing unabashed. The last I saw of the contender was his movement towards a distant field full of grazing cows (!) ........ there's always one!!

Friday, September 7, 2012

Hen Harrier persecution yet again.

Whilst I know that I bang on about Hen Harriers and raptor persecution with increasing regularity,  I personally believe that the issues should be "kept alive" as much as possible. As I see it, no progress whatsoever is being made on the problem, the same old hackneyed concerns are being trotted out and, clearly, the discussions and efforts being made at trying to secure some progress with the shooting fraternity are failing miserably. Doubtless hopes are being pinned by some on the provisions, currently out for consultation, arising from the recent review on wildlife regulations undertaken by the Law Commission in that they will provide an opportunity for renewed debate and examination of the persecution problem. Such discussions are way down the road and it strikes me that something ought to be happening in the meantime, rather than let what will probably extend to at least eighteen months go by and be accompanied by even more losses.

In advance of the routine criticisms and suggestions, which various conservation organizations will now be working on associated with the above proposals, it would do no harm to indicate in the meantime what is really expected and what will be sought for via hard campaigning. Putting a shot across the bows, so to speak, will do no harm and signal that there has been enough talking and now the chips are down ( bowshot chips....sorry about that!! ). The errant proportion of the shooting fraternity responsible for the indiscriminate persecution of our birds of prey has singularly ignored opportunities to  embrace initiatives, such as supplementary feeding, and earn themselves a few "brownie points ". Similarly the responsible element within the ranks of grouse moor owners and managers have singularly failed also to convince their own peer group for circumstances to improve. Faced with such an unequivocal indication by some of the lack of a desire, or intention, to improve, then I feel the whole issue should be taken to the next stage without delay. The conservation organizations should unite in their opposition to such practices, roundly condemn those responsible with even more conviction than ever before and indicate that they are to launch an all out assault on the problem in the face of this almost tangible absence of co-operation.  Doubtless there'll be a lot of huff and puff, and ill constructed accusations of arrogance and such like, but the arguments should now become active, not passive, and initiatives aimed at change tabled widely and campaigned for. This is what many members of such organizations provide their financial support for and, at the moment, such required representation, aimed at bird protection, appears to be little more than going through the motions.

Some time ago the RSPB issued ideas about grouse moors being licensed. They were ridiculed and opposed, as one might have anticipated, but they should now be rolled out again and with firmer intention.Within such a system, operating licences would be issued via DeFRA, with the administration of the scheme given to Natural England as the body overseeing the subsidy process associated with SPA/SSSI's.  An accompanying "Charter of Operation", particularly where designated areas were part of the landholding, would also be issued, setting out what was required as far as management practice, and containing clear warnings of what the consequences of breaking the wildlife legislation would result in as far as that particular area was concerned. Where there was such a lapse, and a clear and proven breach of the law, then the licence would be revoked and all subsidies cancelled  for a period of either three or five years, although the responsibility for habitat quality management within any designated area would remain. In a perfect system, the normal court case dealing with the incident would also include the offence of vicarious liability being laid against the owner or manager. It is so important that this is campaigned for without delay. Additionally, especial penalties should be campaigned for if any such an incident involved Hen Harrier and  associated fines increased beyond the levels which are currently applicable.

Now, just a few thoughts about vicarious liability! Of course, landowners don't want it as it exposes their position enormously. For them to plead ignorance is a nonsense! Think about it!  If a gamekeeper were given utter independence in terms of running a shoot, and that then failed miserably at the end of the season, words and instructions would be issued without any doubt at all. It follows that, in operating what is a commercial enterprise, and it defies logic to think otherwise, such instructions would be given at the onset to the employee.. Additionally, the spectacle of an owner being asked if he knew of illegal activities going on over his Estate, and him denying the charge, would hardly go down well with the keeper if sanctions were brought against the latter in addition to the fines and costs. Taking the rap for one's employer ( unless a significant pay-off was involved !! ) is sheer stupidity!! Obeying one's employer, only to then be offered up as a sacrifice, would not go down too well either within the newly claimed "profession", however subservient the individual might be!!

So, in addition to licensing grouse moors it would seem sensible to licence the game keepers that practise what they so often tell us is their "profession". They are not being discriminated against as many other jobs require some form of operating licence. A successful prosecution would mean the licence being withdrawn and the means of earning a living withdrawn too, along with the gun licences they hold. And when it comes to the operation of these commercial enterprises, a proportion of which are undoubtedly securing their success through the parallel practice of illegality, it  might also behove Her Majesty's Customs and Excise to  look more closely at the complete operation. The potential "bonuses",  in the form of tips, which one hears finds their way into the hands of the keepers at the end of a days shoot one hopes are declared as such!! Similarly, a good friend of mine, who occasionally acts as a beater, says he's quite amazed at how many people are called Smith, and even Mickey Mouse, when one looks at the signatures on the requisite Estate form of those who receive the daily payment for traipsing across the moor and channelling the birds towards the guns. If push comes to shove, then clearly there are members of this whole community who are not too squeaky clean in a variety of respects and have much to lose as a result. I'm sure George Osborne would welcome such transparency and a concomitant increase in taxes to the Exchequer.

The beauty of such proposals is that they carry no threat whatsoever to the proportion of the fraternity who operate within the law, and do so proudly and efficiently.  The time has come for fine words and gestures to be abandoned, and for a concerted strategy to be drawn together and acted upon. Whilst much of the above might be seen to be unreasonable, pie in the sky, offend certain factions and so on, ( and I'm perfectly aware that I'm pulling teeth just for the hell of it ) it would serve to show that conservation organizations have had enough and that they are willing to  ACT. With an election not too far away, now is the time to start campaigning for change, to enlist the power of the newly recruited voters, whose youthful passions will respond to something aimed at protecting the country's natural heritage which is currently being deliberately despoiled by a minority. These, coupled with the ever increasing urban dwellers concerned about our countryside, are a numerical force which should not be ignored and need to be addressed directly. We all know what the problems are, and don't need conservation organizations to repeatedly explain such. What we need , and should be willing to provide support for, is representation, concerted action, professionally structured and inserted into the highest level of administration possible,  i.e the Government,  not with an accompanying request for scrutiny, but with a demand for attention and action!

Hirundines on the move. 6.9.2012.

Definitely a day of two halves! Whilst the morning was largely clear , the wind was gusting strongly from the south and, although it reduced later, conditions became even more unfavourable with the onset of rain and incoming mist. basically, when the weather turns like this on Islay, then things are in lockdown!!

The early morning migration watch showed Swallows to be on the move down the glen . Such was the strength of the wind that they were moving, very often in loose groups, over the expanse of the grass moor at a metre or less. Sometimes their progression was lost as they sought to move between different areas of Juncus at ground level. This made counting difficult as it was very much a question of a "now you see them, now you don't" situation. Somewhere between 150/200 moved through, mostly in small groups but with single birds too and even odd birds skimming down the road!  It petered out mid-morning previous to the poor weather commencing. This was nothing compared with much, much larger counts observed at notable migration watchpoints elsewhere in the UK and abroad. For a short period, it was redolent of the many autumn days spent standing at the Narrow Neck at Spurn in East Yorkshire with all the accompanying excitement of what might fly past next!! However, with the exception of a juvenile male Hen Harrier, no other species were involved! The harrier made its way southwards in a very determined fashion, hunched in against the wind and following an arrow straight route down the glen at around two metres height. Each day brings its own surprise! This was a welcome one as the usual breeding pair in this area seem to have disappeared after a consistent presence through the last few years! As yet the usual autumn presence and accumulations of Meadow Pipit haven't started, which will doubtless be a feature at some point in the immediate future.

At migration times I often ponder, several hours after witnessing birds on the move, how far they've actually travelled. Yesterday would have been a hard one indeed and a look at depictive weather maps, such as shown on XC Weather, portrays the extent to which  they are inevitably influenced by poor conditions at any stage of their journey. As we all know, conditions inevitably change and improve, sometimes get worse before improving, but a strategy of waiting it out would be better. Sadly the imperative to move, for them, is long established, whatever the conditions, and doubtless proves to be a final challenge for a proportion of them.   I'll always be hooked by migration!!!!

Wednesday, September 5, 2012

Political migrants.

Well the long awaited Cabinet shuffle day finally arrived and, as ever, and in the widest context, changes directly associated with the Environment Ministry ( DeFRA ) were writ large within  announcements and one or two changes too with potentially large environmental implications, notably Transport with the current debate on airport expansion running wild.

I actually thought the dismissal of Caroline Spelman, previous Secretary of State for the Environment, was done with undue haste for some undisclosed reason. The media, on several occasions, simply announced  that she had lost her job with no accompanying debate on whether a "move" was in progress. One wonders whether pressing matters away from Parliament have possibly induced a personal choice to step down. Her abortive proposals to sell the Nation's forests will long be remembered as an issue that inflamed many, (  but so did the advice issued by the Party's "petrolhead", Francis Maude),  but she had some successes too. She initiated the research associated with the national capital and ecosystem services , which has been praised, she similarly progressed the carbon reporting rules, which will become applicable next April, and she personally brokered an agreement at the United Nation's Nagoya Summit on Biodiversity that was widely acclaimed by many. Apparently she was also prone to confront Cabinet colleagues on matters to do with planning reforms and Habitat Regulations.......one wonders the extent to which George Osborne has had a Machiavellian influence on the changes!! She always seemed to me to be very earnest and sincere, to be getting on with the business in hand, as opposed to acting out some pre-determined role.

She'll be replaced by Owen Patterson about which very little is known, although one report I happened on stated there was a fear he'd pursue an "anti-green " agenda. A strange qualification for THE Department concerned with England's green and pleasant land, but possibly more in keeping with Party intentions. One of his major challenges will be to oversee the production of a climate adaptation strategy and, possibly, newly framed wildlife regulations arising out of the recent review completed by the Law Commission, which is out for consultation until November. Elsewhere in the Department,  David Heath has replaced  Jim Paice. Heath was the LibDem  spokesperson on Agriculture, Fisheries and Food in the late 90's  and also worked as a parliamentary consultant for WWF  in the early 90's., so one hopes such experience will assist.

Changes, one presumes, aimed at both achieving Tory policies, but making the Party acceptable  prior to the next election. I tend to think that they're their own worst enemies and it's simply a matter of patience on our collective part before change is secured!!

As an aside I couldn't resist putting in the following!! One of the last tasks Caroline Spelman completed on the 30th August was to confirm  the Chairman's position for Natural England ( that "front end", cutting edge body carrying out the whims of DeFRA when it comes to wildlife policy!! ). The gentleman concerned is a dairy farmer in Oxfordshire, Southern England, who has had an involvement in an "Acting" capacity for some time and who will receive a salary of  £72,740 for a three day week ( equivalent to a full time salary of £121,333 ). But this seemed to be the best bit!! On the 4th September the new industry-backed guide to funding and support for dairy farmers was launched by ( yes, you've guessed it !! ) Natural England. It just made me smile...... whilst the gentleman concerned looks admirably qualified for the job based on past accomplishments, I suggest he might have a word with Natural England's Press Officer relating to the timing of appearance of such "guides" in order to avoid scrutiny by the cynics!!