Documents released under a Freedom of Information request show that the Scottish Government’s nature advisory agency, NatureScot, has been procrastinating for 16 months on whether to impose a sanction on an estate in relation to the ‘shooting and killing’ of a sleeping Golden Eagle called Merrick.

Merrick was a young satellite-tagged Golden Eagle, released in south Scotland in 2022 as part of the South Scotland Golden Eagle Project, a lottery-funded conservation initiative which translocated young Golden Eagles from various sites across north Scotland to boost the tiny remnants of the Golden Eagle breeding population in south Scotland that had previously been decimated by illegal persecution and had become isolated by geographic barriers.

Camera trap photo of golden eagle Merrick in 2022, from South Scotland Golden Eagle Project

A year after her release, which had seen her fly around south Scotland and down into northern England and back, on 12 October 2023 Merrick’s satellite tag suddenly and inexplicably stopped transmitting from a roost site in the Moorfoot Hills in the Scottish Borders where she’d been sleeping overnight.

A project officer from the South Scotland Golden Eagle Project went to her last known location where he found Merrick’s feathers and blood directly below her roost tree. Police Scotland later determined from the evidence that she’d been ‘shot and killed’ and that someone had then ‘removed her body and destroyed her satellite tag’ (see here).

Evidence from the crime scene – photo via South Scotland Golden Eagle Project

As with every single other case of satellite-tagged Golden Eagles whose transmitters had suddenly stopped sending data and who seemingly vanished in to thin air (a Scottish Government-commissioned report in 2017 showed that almost one third of 131 satellite-tagged Golden Eagles had disappeared in such circumstances, most of them on or close to driven grouse moors), the person(s) responsible for ‘shooting and killing’ Merrick and then disposing of her body and her satellite tag was not arrested, charged or prosecuted.

It was this lack of enforcement, largely due to the difficulties of identifying the actual individuals responsible and securing sufficient evidence to meet the threshold for a criminal prosecution, that led to the Scottish Parliament voting to pass the Wildlife Management and Muirburn (Scotland) Act 2024, which introduced grouse moor licences that could be withdrawn by NatureScot if gamekeepers and/or estates were found, based on the lower burden of civil proof (the balance of probability), to have been involved in the illegal killing of birds of prey.

Grouse moor licensing hadn’t been introduced at the time Merrick was ‘shot and killed’ and can’t be applied retrospectively so in the absence of a grouse shoot licence withdrawal, and the absence of a prosecution, that leaves a General Licence restriction as the only possible sanction that NatureScot could impose.

Not that I’d describe a GL restriction as an effective sanction, for reasons that have been explored previously on this blog (e.g. here and here). Nevertheless, it’s still something and, given the high-profile of Merrick’s death, you might think that making a decision on whether to impose a GL restriction would be a high priority for NatureScot.

But apparently, it’s not.

In June this year, I submitted an FoI to NatureScot to find out what was happening in relation to this potential GL restriction, as we head towards the two-year anniversary of Merrick’s killing. NatureScot replied in July with this:

‘We have received an information package from Police Scotland to this case, and it is currently under consideration‘ (see here for earlier blog).

I submitted another FoI in July and asked Naturescot:

‘Please can you advise the date on which NatureScot received the information package from Police Scotland?‘.

NatureScot responded this month, as follows:

‘We can confirm that we received an initial information package from Police Scotland on 18 April 2024, then additional information on 3 May 2024‘.

April 2024?? That’s 16 months (and counting) that NatureScot has been procrastinating on this. It hardly inspires confidence, does it?

And the shooting and killing of a sleeping Golden Eagle isn’t the only raptor persecution case that’s awaiting a potential GL restriction decision. There are at least two others that I’m aware of – I’ll write about those in a separate blog because the cause of the delays in those two cases appears to lie at the feet of Police Scotland.