Legal Eagle 56

a million
voices for
nature
LEGAL EAGLE
THE RSPB’S INVESTIGATIONS NEWSLETTER
OCTOBER 2008 No 56
Mark Thomas (RSPB) with over
7,000 eggs seized from Pearson.
Jail for “evil” wildlife campaign
On 1 April 2008, after almost two years of court
appearances, Richard Pearson of Phelps Place, Cleethorpes,
Lincolnshire, appeared at Skegness Magistrates Court
and pleaded guilty to five charges under the Wildlife and
Countryside Act 1981. These related to the possession
of 7,130 eggs, including 653 eggs from Schedule 1 species,
and three specimen charges relating to the taking of
chough and peregrine eggs from Anglesey and barn owl
eggs from Lincolnshire during 2005. He was sentenced
to 23 weeks’ imprisonment with £1,500 costs.
On November 8 2006, following intelligence received by
Lincolnshire Police, a Wildlife and Countryside Act search
warrant was executed at Pearson’s home. Officers from
the Lincolnshire Police and the RSPB discovered over
7,000 birds’ eggs and a large amount of egg-collecting
paraphernalia. Richard Pearson was arrested, and claimed
during interview that the eggs were given to him by the
late Colin Watson, a notorious egg collector who fell to
his death whilst inspecting a sparrowhawk nest in 2006.
A detailed analysis of the collection by the RSPB found
it to contain wild bird eggs from Schedule 1 listed species
including honey buzzards, Montagu’s harriers, ospreys,
red kites, red-necked phalaropes, red-backed shrikes,
dotterels, greenshanks, stone-curlews and choughs. This
represented the largest collection of wild bird eggs found
in the last decade.
The collection also contained large numbers of eggs of
individual species, including 25 clutches of little ringed
plover eggs, 15 clutches of red-backed shrike eggs, eight
3
IN THIS ISSUE: Peregrine trapping carnage • Stinging fines for bee killer •
SNH report confirms threat to golden eagles • Peregrine robbery
highlights deregistration issue • New General Licences issued in Scotland
4 clutches of peregrine eggs, seven clutches of chough
eggs and 96 clutches of reed warbler eggs.
as well as a wide variety of egg collecting equipment
and documentation.
Analysis of several diaries found at the house indicated that,
contrary to his initial explanation, many of the eggs had
been taken by Pearson over the previous 15 years, although
a small number were illegally taken by Colin Watson as
well as other collectors. It was clear that Pearson had taken
thousands of eggs in Lincolnshire, including several clutches
of black-necked grebe eggs and barn owl eggs.
When sentencing Pearson, District Judge Richard Blake said,
“You have carefully organised and executed an evil
campaign against wildlife. Word must go out from this court
to deal with the perverted activity of those who seize eggs in
lust for ownership. You have threatened the fragile heritage
of the wildlife of this island, preying on the rarest of birds.”
He also gave particular thanks to WCO PC Nigel Lound and
Mark Thomas (RSPB) for their efforts with this complex case.
A number of dead birds, including Montagu’s harriers,
honey buzzards and various Mediterranean bird
species, many of which showed signs of having been
shot, were also found in a freezer at Pearson’s home.
Pearson later signed a disclaimer for these specimens
The RSPB wishes to thank WCOs PC Nigel Lound, PC
Nick Willey and PC Stuart Carmichael, barrister David
Outterside, Clova Townhill and the RSPB staff of St Martins
for their help with this case.
PROSECUTIONS
Pet shop conviction
for sale, together with a pair of
Dumeril’s boa constrictors.
“On 22 April 2008, Dawn Clarke, the
owner of the Ringwood pet shop,
appeared at Lyndhurst Magistrates
Court. Following trial, she was
convicted of four COTES offences
for the sale, keeping for sale and
offering for sale Hermann’s tortoises,
and the keeping for sale of a Dumeril’s
boa. Both of these species are listed
on Annex A of the EU CITES
Regulations. Clarke was fined £250
on each offence, and ordered to pay
£450 costs. The pet shop has since
closed down.
Clarke was unable to produce an A10
for one of the Hermann’s tortoises.
She stated it was one of twelve that
her father had bred, and the other
eleven had already been sold. She
produced A10s for the Dumeril’s
boas, which contained details of
microchips identifying the snakes,
though an examination failed to locate
these. Enquiries revealed that A10s
had been issued originally with a
condition that the boas were to be
micro-chipped before they were
12 months old (in 2000). These A10s
had been returned to Defra, together
In May 2007, reports were received
from the National Wildlife Crime Unit
and Animal Health (Defra), indicating
that Ringwood pet shop, Hampshire,
was selling Hermann’s tortoises
without Article 10 Certificates (A10s).
I obtained statements from witnesses
who had visited the shop and either
purchased or been offered tortoises.
On 26 May 2007, accompanied by
another WCO and Defra Wildlife
Inspector, Rob Quest, I attended at
Ringwood Pets. Clarke was arrested
on suspicion of unlawful sale of
Annex A specimens, and the premises
searched. Four tortoises (three
Hermann’s and one Horsfield’s) were
located in vivariums and advertised
with microchip details, and new
A10s were issued containing the
relevant identification information.
However, the boas had actually
never been micro-chipped and
were therefore unidentifiable.
Clarke was subsequently interviewed
at Lyndhurst Police Station where
she denied any involvement in
criminal activity, offering mitigation
that Defra paperwork was too
confusing to understand.
I would like to thank Rob Quest and
Animal Health for their help and
assistance with this case.”
Hampshire Police
WCO Sergeant Louise Hubble reports
on a successful COTES conviction:
A Hermann’s tortoise from
the Ringwood pet shop.
Larsen trap conviction
On 23 August 2007, a member of the
public reported a Larsen trap set inside
a pheasant release pen containing two
pigeons in the decoy compartment.
There have been a number of cases
where cage traps have been illegally
baited with live pigeons to catch birds
of prey (see Legal Eagle 55). The
General Licence, which allows the use
of Larsen traps to control corvids,
specifically excludes the use of birds
such as pigeons being used as a decoy.
ran a private pheasant shoot, was later
interviewed and denied trying to catch
birds of prey.
At court, following the guilty plea,
a Newton hearing (a mini trial to
determine the gravity of the offence)
took place. The court stated that they
were not satisfied beyond reasonable
doubt that Morgan was intending to
catch birds of prey, and sentenced
him on the basis of a breach of the
General Licence conditions. His defence
also told the court that because of this
conviction, some of Morgan’s Single
Farm Payment would be withheld by
the Rural Payments Agency.
The RSPB would like to thank Mr
Hughes, who reported the incident,
Sgt Ian Guildford and the CPS for their
assistance with this case.
I West
(RSPB)
I West
(RSPB)
On 19 May 2008, Wyndham Morgan,
a farmer and part-time gamekeeper
of Maes-Y-Beran Farm, Abergavenny,
appeared at Cwmbran Magistrates
Court in Gwent. He pleaded guilty
to two offences under the Wildlife
and Countryside Act 1981 in relation
to the unlawful use of a Larsen trap
and the confinement of two pigeons.
He received a 12 month conditional
discharge and was ordered to pay
£100 costs.
The police were contacted, and Gwent
Police, assisted by Sgt Ian Guildford
from South Wales Police and the
RSPB, visited the scene and found the
trap was still present. Morgan, who
Larsen trap used by Morgan
baited with two pigeons.
The day of the dolphin
WCO Acting Sergeant Andrew Small of Kent Police
reports on the first English prosecution involving reckless
disturbance of a dolphin:
“On 16 April 2008, Daniel Buck from Church Road,
Folkestone, and Michael Jukes from Castle Hill Avenue,
Folkestone, were found guilty of disturbing a dolphin.
They were each ordered to complete 120 hours work in
the community and ordered to pay £350 costs.
In the spring and summer of 2007, a solitary bottlenose
dolphin appeared on the Kent coast near Hythe, which
attracted numerous visitors to the area. The dolphin was
called “Dave”, although it was a female. With more visitors,
Dave’s inquisitiveness increased, and more individuals
were taking to the water to interact with her. The Wildlife
and Countryside Act 1981 was amended to include specific
offences of reckless or intentional disturbance of cetaceans.
It was possible that this was not widely known, so public
information signs were placed in the area, and media
coverage indicated that the dolphin was protected by
law from disturbance.
At 5 am on 9 June 2007, Buck and Jukes were returning
from an all night party and decided to strip off and wade
into the sea to swim with Dave. Local residents saw them
trying to lift the animal out of the water and holding onto
the dorsal fin. The police were called, and they arrested
Buck and Jukes, who were subsequently charged with
recklessly disturbing the dolphin.
I engaged the help of marine groups, including the Whale
and Dolphin Conservation Society and the British Divers
Marine Life Rescue, to provide expert evidence on
the case and provide a wider overview of relevant
marine issues.
I was very pleased with the decision of the court.
Considerable efforts had been made to educate the public
on what was acceptable behaviour, and this clearly
breached those guidelines. I would like to thank all marine
conservation groups that assisted in this case, as without
their efforts this may not have resulted in such a
satisfactory outcome. I hope that this will set a precedent
that will protect marine cetaceans in the future.”
Illegal ivory trader captured
under Operation Charm
On 13 June 2008, Michael Francis
Elliott of Gravesend in Kent appeared
for sentencing at Southwark Crown
Court where he had earlier pleaded
guilty to seven offences contrary to
the Control of Trade in Endangered
Species (Enforcement) Regulations
1997 (COTES). These related to the
illegal trade in elephant ivory,
hippopotamus ivory and sperm
whale teeth. He received a two year
suspended sentence. Four further
charges were ordered to lie on file.
Prosecution costs of £1,480 were
awarded against him and all of the
ivory was subject to forfeiture.
In January 2005, a warrant was
executed at Elliott’s home, during
which 24 elephant tusks were
recovered. A further warrant was
executed in March 2005 at the same
address, this time leading to a haul
of carved hippo ivory figures, elephant
ivory and sperm whale teeth. Detective
Sergeant Ian Knox, who led the
enquiry, estimated the value of the
ivory seized to be around £70,000.
outstrips the ivory available lawfully
and encourages poachers in the range
states to kill endangered species.
This is to the detriment of us all and
threatens the species’ very survival.
It also destroys people’s livelihoods
and helps to fund organised crime,
insurgencies and terrorism.”
At a previous uncontested hearing,
Michael Elliott forfeited £34,000 cash
under the Proceeds of Crime Act. This
money was found during the second
search of Mr Elliott’s home. The Wildlife
Crime Unit would like to acknowledge
the efforts of John Elliott CPS and
Prosecuting Counsel, Rosa Dean.
This case is the latest under Operation
Charm, an initiative against the illegal
trade in endangered species in London.
Operation Charm is a partnership
between the Metropolitan Police
Service, The Greater London Authority,
and the international wildlife
conservation groups WWF, The
International Fund for Animal Welfare,
The Active Conservation Awareness
Programme (ACAP) and The David
Shepherd Wildlife Foundation.
The launch of Operation Charm in
1995 has led to the seizure of more
than 30,000 endangered species items,
as well as a series of initiatives to
increase public awareness and reduce
consumer demand.
For more information about Operation
Charm, visit www.operationcharm.org
Metropolitan Police
A lengthy investigation by the
Metropolitan Police Wildlife Crime
Unit, involving enquiries in China,
Latvia and the United States, has led
to the conviction of a man for illegal
trading in ivory.
In sentencing, His Honour Judge
Gledhill QC commented that since
time immemorial, man had collected
art made from animal parts and that
“the effect of that human activity has
been to cause extinction and in other
cases pushed species to the verge of
extinction”. He also noted that since
Elliott’s arrest, the maximum penalty
had increased from two to five years’
imprisonment and that this was due
to the trade pushing species to the
brink of extinction. He commended
two officers, and described the Wildlife
Crime Unit as extremely valuable and
a credit to the Metropolitan Police.
DC David Flint of the Met’s Wildlife
Crime Unit said, “This case has shown
that there is still a high demand for
ivory and ivory products. This demand
The carved ivory seized
from Elliott’s home.
Andy McWilliam (NWCU)
Not as sweet
as ‘honey’
On 2 July 2008, Mark King of Simonswood Lane, Kirkby,
appeared at Knowsley Magistrates Court, where he
pleaded guilty to possessing a wild common buzzard.
Magistrates imposed a six-week curfew order (King was
tagged and had to remain at his home address between
10 pm and 7 am) and he was ordered to pay £100 costs.
Information was received that King was in possession of
a honey buzzard. Honey buzzards are a rare breeding wild
bird in the UK and are extremely rare in captivity. They are
included on Schedule 4 and therefore must be registered.
However, Animal Health had no record of this species
registered to King or the address.
On 13 November 2007, WCO PC Steve Harris of the
Merseyside Police, assisted by the NWCU, executed a search
warrant at the address. King readily admitted that he had a
honey buzzard and showed the officers the bird, which was
kept in a garden shed. He claimed to have found it in nearby
woods about six months earlier. However, the bird that King
had in his possession was immediately identified as a
common buzzard. It was not ringed.
After being arrested, King told the officers that he genuinely
believed that the bird was a honey buzzard. He admitted
that the bird was actually a wild bird and that he had fitted
the bird with anklets and jesses and was training the bird
so he could fly it. He stated he had no intention of releasing
the bird and that he had always intended to keep it for
himself. The buzzard is due to be released back to the wild
following a rehabilitation programme.
The buzzard that was
seized from King.
Stinging fines for bee killer
The case was investigated under the
Wildlife Incident Investigation Scheme
(WIIS) by Defra and Natural England
following the discovery of thousands
of dead bees by a beekeeper. Analysis
of the dead bees showed they had
died from exposure to bendiocarb.
Mr Allison had used Ficam D, an
insecticide containing bendiocarb,
to kill feral bees nesting in a tree.
However, he had not notified local
beekeepers about the planned
application, and bees belonging to
local beekeepers had accessed the
treated area and died.
The court was told that the manner of
the operation was “a good example
of how not to carry out a pest control
treatment”. In particular, Mr Allison
had received no training, had not
carried out a risk assessment, did not
wear Personal Protective Equipment
(PPE) and used the wrong application
method during windy conditions. As
a consequence, the product was
blown into the surrounding area and
all over Mr Allison. It is the legal duty
of anyone using pesticides in the
course of their business to be trained
in safe use, including preventing risks
of non-target creatures, and preventing
exposure of humans.
G Shorrock (RSPB)
On 12 March 2008 at Sheffield
Magistrates Court, Mr John Allison
pleaded guilty to four offences of
not taking all reasonable precautions
in using an insecticide containing
bendiocarb. He was fined £200 for
each offence and a further £200
towards costs.
Finch trapper caught red-handed
WCO PC Graham Bilton reports on
a recent finch trapping case:
N Yorks Police
PC Graham Bilton with
seized chardonneret trap.
“On 28 April 2008, James Vincent from
New Road, Hatfield Peveril, Essex,
appeared at Scarborough Magistrates
Court where he pleaded guilty to
attempting to take a linnet and
possession of trapping equipment.
He was fined a total of £250, ordered
to pay costs of £43 and had a
chardonneret cage trap forfeited.
On Tuesday 15 April 2008, I was on
patrol when I came across Vincent
parked in a lay-by near to Snainton,
North Yorkshire. I noticed there was
a ladder leaning against a nearby
tree, leading to a small green twinchambered chardonneret cage trap.
The trap was set and contained a linnet
mule (a hybrid) that was being used as
a call bird. Vincent was arrested and
interviewed in relation to offences under
the Wildlife and Countryside Act 1981.
He described himself as a Romany
Gypsy, travelling around the country,
but spending the majority of the
summer months in the North Yorkshire
area. He stated he had recently bought
the linnet mule, and admitted using it
to try to catch wild linnets. The linnet
is a small finch that was once a popular
cage bird. The species is now in decline,
mainly due to loss of farmland habitat.
It is currently ‘red listed’, as the
population has substantially declined
in the last 25 years.”
NEWS
Filey fishery fiasco
In 2008, the Environment Agency (EA) set up a voluntary
agreement with the fishery and imposed a bycatch
threshold. Once this threshold was exceeded, the fishery
would be subject to a suspension for two weeks. In June
2008, faced with the same concerns, RSPB Investigations
covertly filmed the fishery over a two-day period. Many
hours of continual filming showed that fishermen were
getting high levels of auk bycatch in their offshore nets,
mostly razorbills. Furthermore, they were not complying
with the voluntary agreement to report levels of auk
bycatch to EA.
Apart from showing that some fishermen were significantly
exceeding the agreed threshold for the entire fishery, the
filming uncovered distressing scenes in which entangled
live birds were left in the nets while salmon were removed
and taken back to the shore. The following day, the filmed
evidence was presented to EA and Natural England who
jointly decided to close the fishery for 14 days with
immediate effect. The RSPB evidence has also been passed
to North Yorkshire Police and RSPCA for consideration of
any criminal action.
On 3 July 2008, the fishery re-opened with new
safeguards put in place, which appear to have reduced
bycatch levels considerably. Hopefully, careful monitoring
will ensure bycatch remains at an acceptable level.
Mike Lane (rspb-images.com)
Since 2006, there have been growing concerns about the
number of auks being caught and drowned as bycatch in
nets operated from a small salmon and sea trout fishery in
Filey Bay, North Yorkshire. In 2007, numbers reportedly
involved several hundred birds, many of which were
washed up on the public beach, presumably after being
drowned in nets. The bycatch peak appeared to occur in
late June and involved more razorbills than guillemots.
Large numbers of
razorbills were caught in
fishing nets in Filey Bay.
New Scottish wildlife report published
In 2007, there was high profile publicity
following the poisoning of a golden
eagle in the Scottish Borders (see
Legal Eagle 54). This led to a debate
in the Scottish Parliament on 4 October
2007 about wildlife crime. Following
this, a joint thematic inspection report
on wildlife crime was published on
16 April 2008 by Her Majesty’s
Inspectorate of Constabulary Scotland
(HMICS) and the Inspectorate of
Prosecution in Scotland. The report,
Natural Justice: A joint thematic
inspection of the arrangements in
Scotland for preventing, investigating
and prosecuting wildlife crime, can
be viewed at www.scotland.gov.uk/
Resource/Doc/218661/0058716.pdf
This report highlights the need for a
clear wildlife crime reduction strategy
from the Scottish Government and
for an inclusive national partnership
structure to take this forward. The
recommendations include:
the Association of Chief Police
• that
Officers in Scotland (ACPOS)
develops and implements a
minimum standard of investigation
to ensure that wildlife crime is
thoroughly investigated throughout
Scotland and the skills of supporting
agencies are appropriately used
Her Majesty’s Chief Inspector of
Constabulary, Paddy Tomkins, said,
“During this inspection we have
seen good practice in forces such
as Grampian and Tayside that provide
a sound foundation from which a
strong and resilient structure right
across Scotland can be built. Wildlife
crime detracts from one of Scotland’s
greatest assets – its natural and
national heritage. This review
confirms that the public indignation
that such crimes create deserves and
can be met with a professional and
effective level of response from
enforcement agencies.”
each Scottish police force
• that
designates a lead senior officer
•
•
to oversee wildlife crime issues
and progress them locally
that each police force in Scotland
has a full-time wildlife crime
co-ordinator to act as a focal
point for investigations and
partnership working
that there is full implementation
of the stated specialist wildlife
prosecutor role within the Crown
Office and Procurator Fiscal Service.
Michael Russell MSP, Scotland’s
Minister for Environment, said, “Of
course, a crime against Scotland’s
rich and unique natural heritage is
a crime against Scotland itself, be
it poisoning a bird of prey or badger
baiting. We must be absolutely clear
that the abuse of wildlife is a crime,
and it is a crime that the Scottish
public will no longer tolerate. It will
be dealt with using all the professional
expertise of the law enforcement and
prosecution services, and I am
confident that we will start to see
some significant results in the fight
against wildlife crime.”
RSPB launches campaign to tackle raptor killers
The RSPB has launched a campaign
to stamp out the illegal killing of the
UK’s birds of prey. Although birds of
prey are recovering across much of
the country following the effects
of destruction and the impacts of
DDT-type pesticides, illegal killing is
still limiting populations in large areas.
return of the buzzard and red kite to
our skies is a wonderful testament to
land managers and conservationists
working together. Against this
background, it’s an outrage that a
minority continue to break the law
and deprive the nation of some of
our most charismatic wildlife.”
These black holes, where birds of prey
are absent or artificially low in number,
are mainly associated with upland
grouse shooting estates. This continues
to affect species such as hen harriers
and golden eagles. The RSPB is
challenging landowners and managers
to help boost the number of English
nesting hen harriers to 40 by 2010,
with half of these on grouse moors.
The birds of prey campaign was
launched in Scotland on 25 June at
Cammo Park, Edinburgh. Environment
Minister, Michael Russell MSP, and
representatives from conservation
organisations, government agencies,
landowning bodies and rural groups
came together to call for the end to
the illegal killing.
The RSPB’s Conservation Director,
Dr Mark Avery, said, “The successful
Michael Russell MSP said, “Birds of
prey are among Scotland’s finest
natural assets and I welcome any
action to ensure that remains the case.
Recent reports of the illegal killing
of raptors have been very disturbing,
and the pledge I am signing today
will be an important means of
protecting these wonderful species.”
The killing of birds of prey is
notoriously hard to police as crimes
are often carried out in remote areas.
The Thematic Review of Wildlife
Crime in Scotland concluded that
a national wildlife crime reduction
strategy should be established to
help tackle the problem. The RSPB
is calling for similar measures across
the rest of the UK.
For more information, or to add
your voice to this campaign, visit
www.rspb.org.uk/birdsofprey
S Harris
Steve moves on
PC Steve Harris, Merseyside Police
WCO, has retired after 30 years of
Police Service. He was appointed
assistant WCO in 2001 and was
actively involved in several high
profile cases. Steve worked as a
Detective on the Child Protection
Unit, and much of his wildlife work
was carried out in his own time.
Steve Harris with Eric the owl.
Steve’s commitment to wildlife crime
was acknowledged in 2005 when
he was commended by his Chief
Constable. In July 2006, following the
retirement of his predecessor, Andy
McWilliam, Steve was appointed as
the full-time Force WCO. Steve
continued to show a high level of
commitment, bringing offenders to
court for a wide range of wildlife
crimes. He continues to be actively
involved with the Wirral Barn Owl
Trust. Steve will be a sad loss to the
WCO network and we wish him well
for the future. Merseyside has always
been a busy area for wildlife crime
and the RSPB hopes a replacement
full-time WCO will be found soon.
Peregrine trapping carnage
On 22 May 2008, following reports from members of the
public, RSPB Investigations’ Officers accessed a peregrine
nest site near Dudley in the West Midlands. Two spring traps
were recovered from the nest ledge. These had clearly been
set illegally in an attempt to trap the parent birds. Though
this appeared to have been unsuccessful, two damaged
peregrine eggs meant the breeding attempt had failed.
traps and a quantity of drugs were recovered. One man
was cautioned in relation to finch trapping offences and
police enquires into other matters are continuing. The RSPB
would like to thank the local volunteers, Raptor Rescue,
PC Ellie Sewell and other officers from Staffordshire and
West Midlands Police.
Dave Bromley
A concerted campaign against peregrines has started in
the West Midlands. Information received by police and the
RSPB has suggested that individuals from the local pigeon
fancying community are involved. A reward of £1,000 has
been offered for information leading to the conviction of
anybody involved.
razorbill
On the same day, a licensed volunteer was checking a
peregrine nest site near Cannock, Staffordshire, and
discovered an adult male peregrine caught in a spring
trap. The bird was rescued, but was found to have
developed gangrene and had to be euthanised. A further
four set spring traps were recovered from the nest site,
one of which contained blood and feathers, and the
female parent is believed to have been killed. Two orphan
peregrine chicks were rescued from the site and passed to
the care of Raptor Rescue, who held the birds for a couple
of weeks whilst attempts were made to find suitable wild
foster nest sites.
On 5 June 2008, RSPB staff, with the help of a number of
licensed volunteers, placed the peregrine chicks into two
nests sites in Shropshire. Both of these sites contained two
chicks of similar ages meaning the parents were capable
of providing sufficient food for the extra arrival. Thankfully,
both chicks fledged, and it is believed that this is the first
time in England that peregrine chicks have been successfully
fostered into wild nests.
On 23 June, four addresses were raided in an operation
involving the West Midlands and Staffordshire Police
supported by the RSPB. Two goldfinches, chardonneret
This peregrine, caught
in a spring trap, had to
be euthanised.
Golden eagle
Mike Lane (rspb-images.com)
SNH report confirms persecution
threat to golden eagles
A newly published Scottish Natural Heritage (SNH) report
has confirmed that some parts of Scotland no longer
have viable populations of golden eagles despite the ideal
habitat. It concludes that there is clear evidence of decline
in areas where there still appears to be use of illegal
poisoned baits.
The report found that only three out of 16 regions, all in
western Scotland, had golden eagle populations that were
stable or expanding, or that occupied the existing suitable
habitat. The most serious problems were in the central
and eastern Highlands, where less than half of all known
territories were occupied, and the existing populations
continued to decline. Based on the numbers of young
golden eagles produced by the remaining pairs, the
populations in these regions should be expanding
markedly. The main land use in these regions is grouse
moor management. These results are consistent with
several other studies showing that eagles have been
subjected to illegal killing.
The report looked at ten factors ranging from grazing by
sheep, which might reduce habitat important for prey
species, to wind farms. Results showed that illegal killing
was the most severe constraint, and incidents were more
common where grouse moor management predominated.
This reduced adult survival and constrained natural
distribution across ideal breeding habitat. It also caused a
reduction in the overall productivity of the population and
an increase in the number of vacant territories. These
empty areas probably become ecological “traps”, attracting
dispersing immature birds from safe areas.
Environment Minister Michael Russell MSP said, “The
golden eagle is a magnificent bird of prey and a key species
for Scotland and I find this evidence of its decline deeply
disturbing. This is a timely report, with tackling crimes
against our wildlife firmly on my – and Scotland’s – agenda.
In addition, the report, alas, gives scientific proof, if further
proof was needed, that the illegal use of poisoned baits
continues to blight our country. I want SNH to continue
working with other bodies, including the police and land
managers, to stamp out this illegal killing. We should all
get the chance to see golden eagles in the wild.”
The report, A Conservation Framework for Golden Eagles:
Implications for their Conservation and Management in
Scotland, was produced in partnership with other members
of the Scottish Raptor Monitoring Scheme: Scottish Raptor
Study Groups, Rare Breeding Birds Panel, RSPB Scotland,
BTO Scotland and the Joint Nature Conservation
Committee. The report is available from the SNH website.
Visit www.snh.org.uk for more details.
Spring-over traps illegal
in Scotland
A court case and changes in Scottish
General Licences have now clarified the
position concerning spring-over traps.
In February 2006, two Tayside WCOs
attended an estate near Aberfeldy and
found a spring-over trap containing a
live buzzard and a dead pigeon bait.
The buzzard was released unharmed.
A local gamekeeper was interviewed,
and he admitted the trap was his,
stating it was for catching crows
and that he thought it was legal.
He admitted catching buzzards before
and said that they were released. He
was charged with intentionally or
recklessly taking a wild bird under
Section 1(1)(a) of the WCA. A charge
under Section 5 was later dropped.
On 1 May 2007 at Perth Sheriff Court,
arguments centred on the legality of
the trap and what bearing this had
on the intentions of the accused. Crown
witnesses stated that in their opinion,
such a trap was intended to catch birds
Tayside Police
of prey and was illegal. Defence experts
maintained that the trap was legal. The
Crown suggested that the legality of
the trap was relevant as this would
influence the state of mind of the
accused, and the fact that he intended
to catch crows was not significant.
There was clear evidence they were
used for birds of prey, not crows, and
the accused had admitted previously
catching buzzards, which he claimed
he had released. He was using a trap
of dubious legality and at a minimum
this was reckless. The Defence
maintained that the accused, and
others, believed this was a legal trap
for crows and argued the Crown had
not proved recklessness.
The Sheriff found the case “Not
proven”. He concluded the accused
was entitled to take crows under the
General Licence, that this trap could
possibly be defined as a “net” and
the argument that it was more likely
to catch buzzards was not satisfied
beyond reasonable doubt.
Such debates should no longer be
necessary as from 1 April 2008, the
new Scottish General Licences
included the specific provision
“this licence does not permit the
use of any form of spring-over trap”.
Buzzard caught in
a spring-over trap.
England and Wales still waiting for
possession controls on pesticides
Illegal, indiscriminate poisoning
remains a major hazard for many
protected species of birds, other
wildlife and companion animals in
the UK. It is eight years since the
UK Raptor Working Group made
a number of recommendations,
including a need for tighter regulation
of possession of pesticides.
Defra carried out a pre-consultation
exercise recently on the listing of
prescribed ingredients on an Order
under section 43(1) of the Natural
Environment and Rural Communities
Act 2006. This would make it an offence
to be in possession of substances
containing ingredients on the list
without a legitimate reason. The
ingredients include substances most
commonly used in wildlife poisoning
offences and other products regularly
found during these investigations
(such as gassing compounds), which
pose a particular risk to human health.
Similar legislation in Scotland, in
place since 2005, demonstrates the
effectiveness of possession controls
as an enforcement tool. There were
seven pesticide convictions in 2006
and 2007, twice the average number
in each of the previous five years.
The RSPB believes the introduction of
such controls in England and Wales
should enable the authorities to bring
greater enforcement pressure to bear
on those involved in the abuse of
pesticides as part of an overall strategy
to reduce illegal wildlife poisoning.
We hope the consultation process will
now continue without further delay,
so that effective possession controls
are in place as soon as possible.
HMRC
Some of the live leopard
tortoises seized at Heathrow.
Recent customs seizures
“In June 2008, a shipment of 400 live leopard tortoises
(Stigmochelys pardalis) was examined at London Heathrow
Airport. The inspection revealed discrepancies between the
size limits specified by the Zambian CITES Management
Authority on the CITES export permit and a large number
of the specimens in the shipment. In total, 111 tortoises
were seized. These captive bred F2 specimens appeared
to be younger than stated, very light in weight and in
one case showed predation markings on the carapace.
The remainder of the shipment was released.
In July 2008, a shipment of live reptiles in transit from
Ghana to Japan was inspected at London Heathrow Airport.
Two species – Saharan spiny-tailed lizards (Uromastyx
geyri) and Bell’s hinged-backed tortoises (Kinixys belliana) –
showed cause for concern. The lizards were claimed to
have originated in Niger and remained with the Ghanaian
trader for nearly 18 months before being exported in
this shipment. The examination revealed over half the
specimens were found to be juveniles that were
approximately six months old, therefore they could
not be the specimens originally shipped from Niger.
According to the CITES export permit, the Bell’s
hinged-backed tortoises were ranched stock originating
in Benin and had been “held” in Ghana for over a year.
The examination revealed the specimens to be in poor
condition, as there were some with ticks and some with
no feet. In addition, a number of carapaces were found
to have predation marks and others were found with
drill holes, a practice normally associated with collection
from the wild. Often a small hole is put in the carapace
and either a matchstick is placed in the hole to stop the
head emerging or string is attached so the specimen’s
movement can be restricted. In addition, there would
be no commercial reason to keep these specimens for
so long prior to international sale. In total, 98 lizards and
100 tortoises were seized from the shipment.”
HMRC
Guy Clarke of the HMRC CITES Enforcement Team reports
on some recent seizures of CITES Appendix II specimens
(Annex B of EU Regulations):
The differences in
size of spiny-tailed
lizards showed some
were less than six
months old.
Chris Kerr moves on
Alan Roberts pays tribute to the hard
work of Chris Kerr, recently retired
from the head of the National Wildlife
Crime Unit (NWCU):
“When Chris started as Head of the
new National Wildlife Crime Intelligence
Unit (NWCIU), I wonder if he had any
idea that his name would become
synonymous with UK wildlife crime
enforcement throughout the world.
At this time, the police was changing,
including adoption of the National
Intelligence Model. As part of NCIS,
NWCIU had to operate this way. This
was fine, but not all parts of the WCO
network, or non-police agencies they
worked with, were using the same
system. Chris needed to standardise
the system, and make greater inroads
into serious wildlife crime.
Chris is not one to mince words, and
upsetting one or two apple carts was
necessary. In today’s police, if it is not
recorded, it doesn’t exist. Chris went to
meetings with handfuls of intelligence
logs, challenging everyone to submit
at least one. The Unit was a great
success, setting the standard for
When NCIS became SOCA, Chris had
another challenge. He had a world
leading Unit, but with no staff or
place of work! The current National
Wildlife Crime Unit (NWCU) was the
response to that challenge.
Chris’s achievements include the
introduction of a tasking process
and strategic assessment, providing
evidence for the international debate
and leading to involvement in wildlife
crime programmes in the EU, and as
far away as India.
However, probably the biggest battle
was for the existence of the Unit, as
funding became a serious problem.
In typical style, Chris banged on the
doors of UK Ministers telling them
exactly why they should give their
support and using the hard work put
into the strategic assessment to win
his argument.
With funding now secure for the next
few years, Chris has decided to step
down. Chris has never sought fame
and fortune. All the long hours sitting
in a North Berwick flat, straight off a
70s TV set, working into the night before
dashing off to another meeting are
testament to his absolute commitment
to the future of wildlife law enforcement
in the UK. Many in wildlife law
enforcement are probably not aware
they now have a more secure future
because of Chris. Chris will be a hard act
to follow and the NWCU would like to
express their thanks for all his efforts.”
RSPB comment: The RSPB would also
like to thank Chris for all his hard work
and dedication over the years. We
look forward to working with his
replacement, Lothian and Borders
Detective Inspector Brian Stuart, as the
new Head of the Unit. Brian said, “It is
a tremendous privilege to take on this
very challenging position. I understand
the commitment of my predecessor
Chris Kerr, who is well known in the
Wildlife Community and hope to
emulate his drive and determination
at highlighting the issues of Wildlife
Crime in the months and years ahead.”
C Kerr
Chris Kerr getting some
fresh air after his hard
work with the NWCU.
modern wildlife crime investigation
and becoming the conduit for national
and international enquiries. Chris was
commended by the head of NCIS for
creating a baseline assessment to
give the WCO network credibility.
New General Licences
issued in Scotland
WCO Alan Stewart of Tayside Police
reports on the implications of new
conditions on General Licences:
However, provided it was administered
properly, I began to see some mileage
in this idea.
“On 1 April 2008, new General
Licences were issued by the Scottish
Government. The police were involved
in the consultation and put forward
certain recommendations likely to
prevent the misuse of cage traps and
Larsen traps.
An advantage in a smaller country
like Scotland is that the main WCOs
from each of the eight forces meet
quarterly. We decided we needed a
single point of contact in each force,
and this contact list was published
on the Scottish Government website
and on websites run by gamekeeping
and landowning organisations.
In Tayside, I have now issued 142
codes with not a single complaint.
In effect, this is a two-minute job, but
it invariably takes 10 to 20 minutes,
since it was clear through speaking
to some of the ‘customers’ that they
Red kite
shot in East
Yorkshire
Hopefully, we should now have a far
more professional group of people
operating cage traps, with traps less
likely to be interfered with when a
police contact number is displayed.”
Full details of all the new Scottish
General Licences can be found at:
www.scotland.gov.uk/topics/
environment/wildlife-habitats/
16330/general-licences
Battleflats Vets
One non-police recommendation gave
me some initial cause for concern.
This required every trap to display
a code supplied by the police, along
with a relevant police contact
telephone number. Although this
was extra work for trap users, it was
considerably more work for the police.
had never read a general licence and
in one or two cases had never heard
of them! This is despite one of the
new conditions being that the operator
has read and understood the licence.
The appropriate licences are e-mailed
or posted out to remedy this.
On 29 May 2008, a live red kite was found in a bedraggled
state on the floor of a wood on a shooting estate, near
South Dalton, Humberside. The bird was wing tagged,
and had originated from Northamptonshire in 2007.
The red kite was passed to Jean Thorpe of Ryedale
Rehabilitation, and initially appeared to be recovering well.
However, things were not progressing as hoped and the
bird was taken to Battleflats Vets, Stamford Bridge, later
that week. An x-ray revealed eight shotgun pellets in the
bird, and a broken left wing. The vet believed the bird
would have been unable to fly any distance once these
injuries were sustained.
On 21 June, following treatment, the red kite was released
near to where it was found and it flew off strongly. It has
been sighted on several occasions since and appears to
be doing well.
In 2007, a dead red kite was found near to this location
and analysis confirmed it had been poisoned. It was also
apparent that this bird had been previously shot, though
had survived this incident. The Humberside Police are
continuing with local enquiries.
An x-ray showing the pieces
of shot in the red kite.
Mike Lane (rspb-images.com)
Peregrines – the fastest birds in
the world – are still too slow
to escape Government cuts.
Government gives green
light to falcon thieves
Wild peregrine chicks stolen from a nest in Cheshire are
thought to have been taken to supply the trade in illegal
falconry birds. The robbery comes as the Government
announced that it would be removing over 50 species
from Schedule 4 of the Wildlife and Countryside Act 1981
in England, with Wales and Scotland expected to follow
suit. Schedule 4 listing requires birds kept in captivity to
be registered with the Government. The RSPB believes
that de-listing will lead to more birds being taken from
the wild by unscrupulous bird keepers.
of registration combined with DNA profiling has been
probably the biggest wildlife crime success story in the
last 20 years. It has a proven track record of catching
criminals and reducing nest robberies. It is ridiculous for
the Government to suggest that peregrines and merlins
with CITES certificate are ‘registered’. Once these birds
are sold, they will disappear from view and the statutory
agencies will not have a clue where they are. You cannot
DNA test a bird you cannot find.”
Despite opposition from the Joint Nature Conservation
Committee (the Government’s scientific advisors), the police
and a range of conservation agencies, Schedule 4 will be
slashed to just nine species from 1 October 2008. Only
golden eagles, white-tailed eagles, goshawks, honey
buzzards, marsh harriers, Montagu’s harriers, ospreys,
peregrines and merlins will remain. However, all peregrines
and merlins will be ‘considered registered’ by Defra if they
have CITES Article 10 certificates.
In the Cheshire incident, the chicks were taken from a
well-known nest site at Beeston Castle on 20 May. Six men
with ropes and rucksacks were seen on the cliffs above
the nest at around the time the chicks vanished. Cheshire
Police are anxious to trace a blue Renault Clio seen near
the scene with a registration beginning HT53. This nest
was last robbed of its chicks in the early 1990s just before
DNA evidence was used for the fist time in a wildlife case.
The RSPB fears that investigators will be unable to trace
suspect birds following the removal of registration.
RSPB Investigations Officer Duncan McNiven said, “This
is a backward step for wildlife law enforcement. The use
Statutory Instruments 2356 and 2357 of 2008 will come into
effect from 1 October 2008.
P Beecroft
Red kite caught
in illegally placed
rodent trap
In May 2008, a red kite was seen flying around the
Chilterns with a rat trap on its legs. These devices are
meant for indoor use only. A couple of days later, a
member of the public was able to collect the exhausted
bird, which was found to be less than half its normal
weight. The bird was taken into care but later died.
The trapped red kite.
INTERNATIONAL
Jan Rodts (Vogelbescherming)
A nesting swift crushed
by masonry in the Port
of Antwerp.
Swifts crushed in
Antwerp demolition
Over a hundred swifts died when a building in the Port of
Antwerp was torn down without thought to the nesting
colony it contained.
Large nesting colonies of swifts were known to occupy two
old buildings within the port complex. Natuurpunt, the local
BirdLife Partner in Belgium, had a verbal agreement with
the buildings’ owner that they would be contacted if either
of the buildings were to be demolished so that alternative
breeding capacity could be provided for the swifts.
Unfortunately, this arrangement was not honoured, and
112 swifts died, mostly crushed as they sat on their nests.
Eighty-one live nestling swifts were salvaged and taken to
a centre for care for injured wildlife. At the time of writing,
some of the birds had already been successfully released
back to the wild. Following the incident, the owner agreed
to provide for alternative breeding capacity in new buildings
and to double the amount of nesting sites that were lost,
amounting to 300 new nest boxes.
Lammergeier mortality
paper published
A scientific paper published in Bird Conservation
International (18:1–10, 2008) has concluded that shooting
and intentional poisoning are the most important causes
of death in the European populations of lammergeiers or
bearded vultures. The results also showed that whilst
deaths due to collisions or electrocutions had remained
stable, cases of shooting had declined in the last six years
and poisonings had increased.
G Shorrock (RSPB)
RSPB contacts in Belgium have indicated that the owner
may face prosecution by the Flemish Government.
Lammergeiers
are still under
threat in Europe.
AND FINALLY
Goodbye Emma…. hello Sarah!
trusts in the RSPB Marketing Department. Emma is going
to be greatly missed, and we wish her well in her new role.
Many of you who have contacted RSPB Investigations
over the past three years will have spoken to Emma
Doherty – our Investigations Intelligence Manager.
(Some of you may even have incurred her wrath if you
didn’t send in your end of year reports in time!).
In August, we welcomed our new Intelligence Manager,
Sarah Lowe. Sarah has worked for the RSPB before on
Coquet Island in Northumberland monitoring seabirds
including roseate terns, and most recently was employed
by Devon and Cornwall Police as a Case Handler.
Emma has significantly improved the gathering and
sharing of intelligence with agencies such as the NWCU.
In June, Emma took a new role working with charitable
M Lowe
G Shorrock (RSPB)
Emma Doherty
Sarah Lowe, our
new Investigations
Intelligence Manager.
Write to be read
We welcome contributions to Legal Eagle. Please let us know about wildlife crime initiatives, news, events and prosecutions
in your force. Send your articles to the Editor, The RSPB, Investigations Section, The Lodge, Sandy, Bedfordshire SG19 2DL,
by e-mail to [email protected] or by fax to 01767 693078. The views expressed in Legal Eagle are not necessarily those
of the RSPB. Please help us keep the WCO mailing list up to date by sending any changes to [email protected].
The RSPB
The RSPB speaks out for birds and wildlife, tackling
the problems that threaten our environment. Nature
is amazing – help us keep it that way.
We belong to BirdLife International, the global
partnership of bird conservation organisations.
The Royal Society for the Protection of Birds (RSPB)
is a registered charity: England and Wales no. 207076,
Scotland no. SC037654. 232-1221-08-09
UK Headquarters
The Lodge, Sandy, Bedfordshire SG19 2DL
Tel: 01767 680551
Northern Ireland Headquarters
Belvoir Park Forest, Belfast BT8 7QT
Tel: 028 9049 1547
Scotland Headquarters
25 Ravelston Terrace,
Dunedin House, Edinburgh EH4 3TP
Tel: 0131 311 6500
Wales Headquarters
Sutherland House, Castlebridge,
Cowbridge Road East, Cardiff CF11 9AB
Tel: 029 2035 3000
www.rspb.org.uk
Cover: G Shorrock (RSPB)
For more information on wild birds and the law, visit www.rspb.org.uk/birdlaw