LEGAL EAGLE THE RSPB S INVESTIGATIONS NEWSLETTER

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1 LEGAL EAGLE THE RSPB S INVESTIGATIONS NEWSLETTER APRIL 2006 No 48 Mike Richards (rspb-images.com) Schedule 1 kingfisher eggs were discovered in Wheal s possession Jail for serial egg collector A man has become the most convicted egg collector in the UK after he pleaded guilty to possessing 75 birds eggs, including Schedule 1 little ringed plover and kingfisher eggs, and egg-collecting equipment. This was the eighth conviction for Gregory Peter Wheal, who was awarded a four-month custodial sentence when he appeared at Coventry Magistrates on 12 January The court stated that Wheal had a habitual disregard for the Wildlife and Countryside Act and the case had to result in the maximum custodial sentence (four months was the maximum as he pleaded guilty). The West Midlands police discovered the eggs and other items at Gregory Wheal s home while they were attending another incident. The relevant items were seized and the RSPB was contacted to help with the identification of the eggs, the examination of exhibits and the subsequent interview of Wheal. Pivotal to Wheal s sentence was a string of previous convictions going back to None of this information was available to the police dealing with the case and was provided by the RSPB's database. Once again, this demonstrates the value of recording detailed information about wildlife crimes. The RSPB was also able to provide the CPS with a summary of all egg collecting cases where custodial sentences had been awarded. Wheal is now the ninth egg collector to have received such a sentence. The case was mentioned in the regional and national media including on the Channel 4 news. The RSPB would like to thank the CPS prosecutor Sanjay Jerath for his help with this case. In this issue: Finch trapper caught Gamekeepers fined Water vole conviction Wild caviar trade suspended Black grouse decline Off-duty CITES officials find illegal goods News roundup

2 PROSECUTIONS Cambridge finch trapper caught A Cambridge man who was trapping goldfinches in his back garden has been prosecuted by Cambridgeshire Police following a joint operation with the RSPB and RSPCA. Mahfoud Abdessaid of Bannold Road, Waterbeach, near Cambridge was given a conditional discharge and ordered to pay 55 costs on 20 October 2005 after his trapping operation was filmed by the RSPB. RSPB officers were alerted to Mr Abdessaid s activities in 2005 when a number of chardonneret traps containing decoy goldfinches were noticed hanging on his shed. The traps were covertly filmed by the RSPB and subsequently Mr Abdessaid s address was searched by a team of Cambridgeshire Police officers. They were led by Sgt Alan Wilkinson and assisted by RSPB and RSPCA officers as well as Roger Caton a cage bird expert. Chardonneret traps are named after the French word for goldfinch. They were commonly used in the past to catch small birds and are still used illegally today. Wild birds are attracted to the trap by the presence of a decoy bird of the same species in the cage (see photo). They are then enticed into the trap compartment attached to the cage by the seed placed in it. When the bird lands on the perch, the door snaps shut behind it, trapping the bird. Mark Thomas (RSPB) Six wild goldfinches and a greenfinch were seized, as well as four chardonneret traps and other trapping equipment. The birds were taken into care by the RSPCA and eventually released back into the wild. Mr Abdessaid pleaded guilty to five charges of using traps to catch goldfinches, two charges of possession of traps and one charge of possession of seven wild birds. One of the chardonneret traps used in the case.the decoy goldfinch can be seen in the cage on the right, the trapping compartment is on the left Man fined for destroying a house martin nest In August 2005, witnesses spotted Ronald Jackson of Brigg Road, Filey, North Yorkshire, using a long-handled broom to knock down a house martin nest from a house belonging to his brother-in-law. While destroying the nest, Mr Jackson was mobbed by several agitated house martins. Two live young house martins, incapable of flight, were later recovered from the ground and were taken to a sanctuary for hand-rearing. Mark Hamblin (rspb-images.com) On 7 November 2005, Mr Jackson pleaded guilty at Scarborough magistrates court to the destruction of a house martin s nest and was fined 400 plus 50 costs. During interview, Mr Jackson admitted to intentionally destroying the nest and clearing away the resulting debris. However, he denied any knowledge of young being present at the time of the offence. PC Bilton, the Wildlife Crime Officer for North Yorkshire involved with the case said, This is a very important result as unfortunately too often in the past these offences have been overlooked or have failed to reach court for a variety of reasons. It is essential that the police, with the support and assistance of the other agencies concerned in wildlife crime enforcement, investigate these matters thoroughly to safeguard the future of our countryside. 2

3 Gamekeeper fined for shooting owl A gamekeeper has been convicted of shooting a short-eared owl on a Lanarkshire grouse moor in May Mark Palmer, 23, gamekeeper for a shoot on Abington Farms Estate (often known as the Leadhills Estate) appeared at Lanark Sheriff Court on 31 July Local bird of prey workers Kenny Sludden and Peter McHugh told the court how they had seen a short-eared owl fly up from the heather as Palmer drove across the moor on a quad bike. They saw him stop the bike, take out his shotgun and walk towards the spot where the owl had settled on the hillside. When it flew up, he fired three shots at it, and it fell to the ground. He collected the spent shotgun cartridges, but failed to find the owl. After a search of the heather, the two witnesses found the bird, still alive but badly injured. It died a few minutes afterwards. They had A gamekeeper has been fined 1,200 after being convicted of snaring offences under the Wildlife and Countryside Act and the Protection of Badgers Act, following an RSPB investigation in Aberdeenshire during August After a three-day trial in November 2005, Steven Nigel Harmson, 47, a gamekeeper on the Findrack Estate, was found guilty of setting a snare to catch badgers and failing to check his snares. The crime was discovered when an RSPB investigations fieldworker went to Corrennie Moor, Craigievar, near Alford, following reports of crow cage trap abuse. He discovered the remains of a fox in a snare and informed the police. The fieldworker later returned to the moor with police Wildlife Crime Officer David Fenton and RSPB senior investigations officer David Dick. They then found several animals dead and decomposing in snares including two badgers, two roe deer, several foxes and a rabbit. Harmson, who has worked on the estate for fifteen years, is expected to keep his job. RSPB investigations staff spent several hours giving evidence during the trial. The lawyer representing Mr Harmson argued that the RSPB evidence could not be Nigel Blake (rspb-images.com) recognized Palmer, and used a mobile phone to call Wildlife Crime Officer Phil Briggs. Within minutes the Strathclyde Police helicopter was searching the moor, but no one could be found. Palmer was later detained at his home, where clothing was recovered matching the description provided by the witnesses. Palmer was convicted of killing a short-eared owl under section 1(1)(a) of the Wildlife and Countryside Act, and fined 500. It was his first conviction. He remains employed on the estate. The area has a long history of confirmed cases of bird of prey poisoning and persecution. Short-eared owls nest on the ground in open areas with good cover such as deep heather, and frequently hunt in the daytime. Feeding almost exclusively on small mammals, particularly voles, they pose no threat to game birds. Conviction for gamekeeper snaring badgers accepted, because the RSPB did not obtain permission from the landowner to be on the estate. However, the Sheriff at Aberdeen Sheriff Court stated that this kind of crime is so serious that it is in the public interest for the RSPB to give evidence. Similar evidence has been accepted in many cases throughout the UK, including Scotland. This is a highly significant result that contradicts the decision in the Peebles peregrine persecution case (see Legal Eagle 43). Pete Cairns (rspb-images.com) 3

4 Suspended sentence for internet trader Recently retired Wildlife Crime Officer Sgt Alan Roberts of the Norfolk Police reports on a significant case of illegal wildlife trading over the internet. On 2 December 2005, 19-year-old Mark Rowland was sentenced to eight months imprisonment, suspended for two years, and 200 hours unpaid work. This followed a guilty plea to nine charges under COTES relating to trade in birds of prey, owls and two unlawfully imported black bears; one offence under the Wildlife and Countryside Act 1981 of advertising a number of birds eggs and one offence of attempted deception by advertising a coyote skin as a wolf skin. He asked for a number of other matters to be taken into consideration. Following intelligence suggesting Rowland was trading illegally, I started monitoring his activities until April 2005 when an advert appeared showing 24 free eggs with the sale of an Observer s Book of Birds. The species included Schedule 1 eggs of a marsh harrier and barn owl. A warrant was executed on his address later that day and along with his computer, a stuffed bear, a coyote skin, two buzzards, a barn owl, tawny owl, long-eared owl, kestrel, sparrowhawk and a quantity of eggs were seized. Rowland initially protested that all his items were old and did not need paperwork, as suggested by many of his adverts. Rowland had found an easy way of making money from his interest in taxidermy by buying and selling on the internet. Within a year he progressed into buying skins and heads of black bears and other animals from the USA and Canada, importing them without CITES documents and selling them for a substantial profit on ebay. Once he had established a contact with whom he could trade, either selling or buying, he would move off ebay to avoid their restrictions. Alan Roberts Selection of taxidermy seized from Rowland Other Norfolk internet cases Two other internet trade cases have also been recently dealt with by the Norfolk Police. One involved a sperm whale tooth sold to a buyer in the USA for 175, though it was seized before it could be sent. The offender initially protested that it was old and therefore not subject to the regulations. However, he accepted that he could not verify its age and that he had advertised it as unworked. He accepted a caution. Intelligence submitted as the result of the search of his previous sales led to a man in the USA being arrested for possession of snow leopard skins and being fined $500. The second was a man who advertised a stuffed longeared bat for sale (a Schedule 5 species under the Wildlife and Countryside Act). He had apparently acted in ignorance and had withdrawn his advert when told he was breaking the law. He was cautioned. 4

5 Water vole conviction Merseyside Wildlife Crime Officer Andy McWilliam reports on a successful water vole case. On 8 November 2005, following a trial at St Helens Magistrates Court, Bett Homes (Northwest) Ltd was convicted of two offences contrary to the Wildlife and Countryside Act For the reckless disturbance of a Schedule 5 species (water vole) and the reckless destruction of shelters and places of safety the company was fined 2,500 on each charge and ordered to pay 500 costs. The case started following an incident at Nook Lane, Sutton Moss, St Helens in September 2004, where Bett Homes had a large housing development of over 200 houses. On land next to the development was a nature reserve owned by Groundwork, and part of the area is managed for its wildlife value. The area is an important site for water voles, whose habitat is protected by the Wildlife and Countryside Act 1981 because of its vulnerable status. In October 2004, Dr Paul Thomas, an ecologist for the Environment Agency surveyed the site and found that a ditch had been dredged and re-profiled. He concluded that water vole burrows had been destroyed and disturbance caused. The matter was reported to myself and an investigation undertaken. The court heard that the work had been carried out to allow water to drain freely from Bett s housing development, but without the knowledge of the landowners and against the land management plan. Dr Thomas estimated it would take two years for the site to recover. Bett Homes denied they were responsible for the David Kjaer (rspb-images.com) damage to the ditch and blamed sub-contractors who they said had carried out the work without their knowledge or consent. However, a witness told the court that the work had been carried out on the instructions of Bett s following a meeting to identify the drainage problem. District Judge Lady Wickham said that she was satisfied that a representative of Bett Homes had instructed subcontractors to carry out the work and that this was on the assumption that Bett Homes had acquired the appropriate consents and permission of the landowner. Had they consulted with the landowners they would have been made aware of the presence of water voles and by failing to do so they had been reckless in their actions. She accepted that Bett Homes had not intentionally disturbed or destroyed the water vole habitat. Dealing with a company and various levels of management made this a protracted and difficult case to deal with and I would particularly like to thank Dr Paul Thomas from the Environment Agency and Paula Grogan, from the CPS, for their assistance throughout the investigation. NEWS New arrest powers for all wildlife offences As from 1 January 2006, Section 110 of the Serious and Organised Crime Act 2005 has brought in new powers of arrest for all offences in England and Wales. This makes arrest possible under Section 24 of the Police and Criminal Evidence Act 1984 (PACE) for any offence if one of a number of conditions apply. The general police powers of arrest under Section 25 PACE are now repealed. The power of arrest needs to be justified and exercised in a non-discriminatory and proportionate manner. PACE Code of Practise G now covers these new arrest powers. All wildlife offences are now covered by this legislation. There are a range of conditions that make arrest permissible. The most relevant in relation to most wildlife offences is likely to be Section 24(5)(e) PACE, namely to allow the prompt and effective investigation of the offence or of the conduct of the person in question. This could include circumstances where it is necessary to obtain evidence by questioning. Northumbria Police have already used this power in relation to an ongoing freshwater pearl mussel enquiry. Section 19(2) of the Wildlife and Countryside Act 1981 has also been amended and now gives the police power of entry on to land in order to effect an arrest under Section 24 PACE. It is hoped these new powers of arrest will improve the ability to investigate many wildlife offences. 5

6 Northern Ireland tackles wildlife crime Wildlife crime, and particularly bird crime, in Northern Ireland is known to be under-reported. In November 2005, the RSPB organised a seminar to bring together those who could help tackle this issue. Attendees included the Police Service (PSNI), statutory agencies such as Environment and Heritage Service (EHS) and the Department of Agriculture and Rural Development (DARD), conservation organisations and bird of prey group representatives. While bird crime does not appear to be as common in Northern Ireland as in the rest of the UK, there are incidents of bird of prey persecution, particularly of peregrines, as well as occasional disturbance or destruction of hen harriers. Some bird trapping is known to occur, while other wildlife crimes include badger baiting, illegal lamping and hare coursing. It was therefore with enthusiasm that the attendees welcomed the announcement that the PSNI will commence recruitment of a Wildlife Liaison Officer, a post which has been vacant since the retirement of Chief Inspector Mark Mason. Since the seminar, it has been agreed that a sub-group of PAW (Partnership for Action Against Wildlife Crime) will be established in Northern Ireland, and membership opened to all relevant agencies and organisations. The group s remit will be to aid the effective enforcement of wildlife legislation in Northern Ireland. Likely actions will include: establishing a contact network to provide advice, information and expertise on wildlife legislation and its enforcement; coordinating the collection of wildlife crime information; and raising awareness of wildlife crime issues with relevant agencies, organisations and the public. For further information contact Mark Thomas (mark.thomas@rspb.org.uk) or Claire Ferry (claire.ferry@rspb.org.uk). Trade in wild caviar suspended On 3 January this year, the CITES Secretariat announced that it was unable to publish the 2006 export quotas for caviar and other sturgeon products, effectively banning the trade until exporting countries provide more information about the sustainability of their sturgeon catch. The international trade in all species of sturgeon the unfertilised eggs of which form the highly prized delicacy has been monitored by CITES since 1998, owing to concerns regarding the impacts on wild populations of unsustainable harvesting and illegal trade. More than half of the 27 species are classified as endangered by the IUCN. The conditions permitting caviar exports are strict: countries sharing sturgeon stocks, eg those bordering the Caspian Sea, must agree on catch and export quotas, based on scientific surveys of the stocks, and adopt a regional conservation strategy. Importers too have important obligations they must ensure that all imports are from legal sources and domestic processing and repackaging must be heavily regulated. The announcement came after information provided by the exporting countries suggested that many sturgeon species in shared fishing grounds have suffered serious population declines. Although the proposed quotas are lower than for previous years, the CITES Secretariat expressed concern that the reductions in stock are not fully reflected and insufficient allowance is made for illegal fishing. 6 Flip Nicklen (Minden Pictures FLPA) The CITES Secretariat hopes that the trade will resume once the missing data has been supplied. A CITES spokesperson said: The CITES regime is strong enough to ensure that the trade in sturgeon products is sustainable but only if its rules are fully applied.

7 Enforcement strengthened by new EU plan In October 2005, as part of the UK Government s presidency of the EU, Defra and TRAFFIC International (the wildlife trade monitoring network), hosted a three day workshop on wildlife trade enforcement coordination. Attended by representatives of all 25 EU member states, the objective of the workshop was to identify practical solutions to improve co-operation between member states on the enforcement of the EU Wildlife Trade Regulation. A set of recommendations was agreed, including: appointing national focal points for the exchange of intelligence and information developing national procedures and Action Plans for co-ordinating enforcement developing an EU Action Plan with clearly defined objectives, targets, outputs and timeframes ensuring that penalties for wildlife crime are sufficiently high across the EU setting up formal channels of co-operation between all bodies relevant to wildlife crime enforcement. Jim Knight, UK Biodiversity Minister said that the plan was a fundamental step in further protecting wildlife from illegal trade, tracing wildlife criminals, and protecting European countries from diseases like avian influenza that could be carried by smuggled birds and animals. He said: The enlarged EU cannot become a haven for wildlife criminals, and we need to make sure this plan is fully implemented by all member states. Chris Gomersall (rspb-images.com) Brent geese Wild goose chase Part time WCO Steve Cleaver, of the Essex Police Marine Unit, reports on geese disturbance. On 23 October 2005, I received a complaint from birdwatchers who had been observing the arrival of wintering brent geese at Two Tree Island, Leigh on Sea. This area is designated a Site of Special Scientific Interest (SSSI) because up to 7,000 brent geese arrive in the autumn to feed on the eel-grass on the mudflats after their long flight from Siberia. The birdwatchers were horrified to see two speedboats being driven deliberately and repeatedly into the flock causing them to scatter. I contacted the RSPB for advice, who confirmed there were probably no offences under Part I of the Wildlife and Countryside Act and suggested I speak with English Nature (EN) in relation to the site s SSSI status. Following consultation with EN, I traced one of the boat owners and reported him for the offence under Sec 28P(6) of the Wildlife and Countryside Act 1981, of recklessly disturbing the geese within the SSSI and I passed the evidence to EN. The boat owner claimed to be ignorant of the site designation and EN subsequently sent him a warning letter. The Sec 28P(6) offence requires EN to prove: that a person had prior knowledge that the land on which he was carrying out the unauthorised activity was within a SSSI; that the activity was reckless or intentional and damaged, destroyed or disturbed any of the special interest features of the SSSI. This incident highlighted the need for good signing at the public slipway to explain that this area is within an SSSI, and plans are in hand for EN to rectify this. 7

8 Peak Malpractice A hard-hitting report into the disappearance of birds of prey in some areas of the Peak District has been published recently by the RSPB. Peak Malpractice highlights the alarming facts behind the fortunes of birds such as goshawks, hen harriers and peregrines, particularly within the northern section of the National Park, known as the Dark Peak. The continued decline in populations of some of this area s most magnificent birds of prey and evidence of illegal persecution, has led the RSPB to call for urgent action. The report calls for rigorous enforcement of the law and for loopholes that allow illegal activity to be plugged. The scale of decline is shocking and to bird of prey experts there is no natural explanation. Volunteer fieldworkers have been closely monitoring the fortunes of birds in many of their territories for several years and in many instances adults have been present at the beginning of the breeding season Pete Cairns (rspb-images.com) but then vanish mysteriously. Scientific evidence and experience from investigations and convictions across the UK suggest that human interference at the nest or the killing of one or both of the adults is a regular cause of failure. Sadly, we fear what is happening in parts of the Peak District may be another entry in that sorrowful catalogue. In few places have conditions for these birds deteriorated so much or so rapidly. Local people and visitors to Derwentdale and the north-east moors of the Peak District are being denied the full, rich experience of the uplands for some birds of prey and badgers, this really is a matter of life or death. In the area highlighted in the report, detailed monitoring shows that goshawks have much lower nesting success than elsewhere in Britain and have now been wiped out as a breeding species in the north-east moors of the Peak; successful breeding by peregrines is now intermittent, with a history of repeated nest failures and unexplained losses during the breeding season; ravens nest less successfully in Derwentdale than in other areas of Britain, including the nearby White Peak; an inexplicably large proportion of badger setts in woods adjacent to grouse moors showed unexpectedly low levels of activity. The report does not lay blame at any particular door. But if this part of the Dark Peak is a no-go zone for some of Britain s most cherished wildlife, it reinforces the urgent need for statutory agencies, voluntary groups and landowners to protect wild birds and tackle any criminal activity against wildlife with renewed vigour and determination. Copies of the report are available online at 8

9 Golden eagle found poisoned A golden eagle s body was discovered by a hill-walker on a hilltop on the Isle of Lewis at the end of July Analysis showed it had been poisoned with the pesticide carbofuran. Carbofuran is one of eight compounds listed in the Possession of Pesticides (Scotland) Order Anyone in possession of these commits an offence under section 15 of the Wildlife and Countryside Act, as amended by the Nature Conservation (Scotland) Act Such offences carry a maximum penalty of a sixmonth jail sentence or 5,000 fine. Following the discovery of the bird, staff of the Scottish Executive Environment and Rural Affairs Department (SEERAD) and Northern Constabulary Officers carried out searches at four premises on the island. Enquiries are continuing. The motive for such a killing remains unclear. It is many years since eagle persecution was routinely recorded in the Western Isles. This type of crime now occurs mostly on and around the grouse moors of eastern Scotland where an average of one eagle is known to die from poisoning every two years and where substantial areas of suitable golden eagle habitat remain unoccupied. A 2003 survey, which checked all 697 known golden eagle breeding territories in Scotland, found only 443 of them occupied, with declines in occupancy very marked in the Chris Gomersall (rspb-images.com) east. In contrast, the eagle populations of the Western Isles are known to be healthy and expanding. Northern Constabulary and SEERAD have appealed for anyone with information to contact them. WILDLIFE AND CONSERVATION NEWS Strutting black grouse still in the red Results of a national survey in 2005 have shown that the UK population of black grouse continues to decline. The UK population has fallen to less than 5,100 breeding males, a 22% reduction since the last survey in 1995/6. The steepest declines occurred in Scotland, where numbers dropped by 29%. However, the small population in Wales increased by 39% following intensive habitat management work, and in England, numbers were stable. Black grouse were once found in many English counties and, as recently as the 1960s, were seen as far south as Exmoor and Dartmoor. Since then, the population has retracted northwards. The biggest factors in the species decline are changes to land management and the fact that commercial conifer plantations have matured. Black grouse require a mosaic of habitats for nesting, protection from predators, for feeding and for use as mating sites. These complex habitat requirements, and the sedentary nature of the birds, make them a difficult species to help. In Wales, where the black grouse population has increased, EU money is enabling land managers to help the birds by creating more varied habitats on forest edges. In northern England, where black grouse are found on the fringes of moors managed for red grouse shooting, funds from an agri-environment scheme, run by Defra, have helped black grouse by encouraging landowners to plant native woodlands, restore traditional hay meadows and reduce grazing pressure on moors. The RSPB hopes that the lessons learnt from large-scale intensive habitat management in Wales can be applied to Scotland in a renewed effort to reverse the decline. The 2005 black grouse survey was a partnership project between the RSPB, Forestry Commission Scotland, Game Conservancy Trust, Defra and Countryside Council for Wales. Chris Gomersall (rspb-images.com) 9

10 International co-operation sought to protect migratory birds of prey Speaking in Kenya in November 2005 at the eighth Conference of the Parties to the Convention on Migratory Species, UK Biodiversity Minister Jim Knight asked the world s governments to sign up to an agreement that would protect migratory birds of prey and owls throughout Africa and the Eurasian region. More than half of the 60 species of migratory birds of prey found in Africa and Eurasia are at risk of extinction, threatened by shooting, poisoning, illegal trade or habitat loss at some point within their migratory range. The Convention promotes concerted action among the range states of these species and encourages the conclusion of global or regional agreements where species need or would benefit from international co-operation. The Minister said, Birds of prey are already protected in many countries but, for migratory species, international co-operation is the key to conservation. White-tailed eagle by Chris Gomersall (rspb-images.com) INTERNATIONAL Legislative progress in Belarus Ruslan Novitsky, of Birdlife-Belarus, reports: The RSPB and its counterpart in Belarus, Birdlife-Belarus (APB), with funding from the EC TACIS Programme, have advised the government in Belarus regarding the synchronization of two new Belarus laws to the Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) and the Habitat and Bird Directives. Focusing on the wording of the Law on Wild Animals (LWA), and the Law on Especial Protected Natural Territories (LEPNT), it was possible to simultaneously revise their texts and to bring their interpretations closer to that of the target European legislations. Currently they are being transmitted for approval to the Parliament, and then to the Council of Ministers. The work on the LWA dealt with definitions of wild animals and migrating species and with methods of protection of migrants. The outstanding issue remains its application for a ban on spring hunting. The work on the LEPNT has resulted in a near-alignment of the law with the terminology and approaches corresponding to the Habitat and Bird Directives. One outstanding issue is the introduction of the Pan-European Ecological Network (N2000) into the national legislation for which a separate law may be needed. The process may help in the eventual ratification of the Bern Convention by the Republic of Belarus. 10

11 NEWS Off-duty CITES officials find illegal goods In late November 2005, the CITES Falcon Enforcement Task Force met in Abu Dhabi, United Arab Emirates. During an off-duty period, CITES Secretariat officials visited one of the large shopping malls in the city and noted shawls on sale that they suspected to be made from Shahtoosh, the wool of the Tibetan antelope. Considered the finest wool in the world, the demand for Shahtoosh has caused the Tibetan antelope to be a prime target for poachers and the species is now classified as endangered by the IUCN and is listed on Appendix I of CITES. Alerted to the find, the authorities of the United Arab Emirates conducted an inspection on 11 December 2005 and a number of shawls were seized for closer examination. Using the identification kit developed by the UK s Metropolitan Police Service in 2002, a laboratory has since confirmed the presence of the wool of the Tibetan antelope. In some shawls, Shahtoosh wool appears to have been mixed with Pashmina wool. Further action will now be taken against the trader. It is encouraging to see that the work of the Met continues to help CITES authorities in different parts of the world combat illegal trade in specimens of Tibetan antelope. Zhinong Xi (Minden Pictures FLPA) Italian hunters detained in Slovakia In November 2005, two Italian hunters were detained in Slovakia after being caught illegally hunting waterfowl. They had been using recordings of duck calls to attract the birds an illegal hunting practice and had flouted regulations put in place by the Slovakian authorities to reduce the risk of avian influenza. Members of the Society for the Protection of Birds in Slovakia (SOVS) spotted the pair while carrying out a winter waterbird census at the Hrusov reservoir near Bratislava, the most important site for wintering waterbirds in the country. The SOVS stated that blame should be apportioned to the organisers of the hunt, who should have fully informed their guests of the current hunting restrictions. US smuggler jailed On 26 January 2006, Thomas Cullen, 54, of White Plains, New York, was sentenced to four months in prison and fined $1,000 following his conviction in September 2005 for illegally importing African birds of prey (see Legal Eagle 47). Cullen had smuggled two black sparrowhawks into the US by exploiting an exception to the federal Wild Bird Conservation Act that allows people to import pet birds. 11

12 Sparrow pays price for disrupting record attempt AND FINALLY Chris Gomersall (rspb-images.com) In November 2005, a house sparrow was shot dead after it knocked over 23,000 dominoes, carefully placed for a world record attempt in Leeuwarden, northern Holland. The sparrow was trying to escape after becoming trapped in the exhibition centre holding the event. Fearing that the bird would knock over more of the four million dominoes, an exterminator cornered it and killed it with an air rifle. A public outcry ensued and a tribute website was erected in its honour. A televised memorial service was held before the successful recordbreaking attempt. The sparrow s body is to go on display at Rotterdam s Natural History Museum, mounted on top of a box of dominoes. The bird s killer has been fined 170 euros for shooting a protected species. Joe Cairns We are sorry to report that former Wildlife Crime Officer for Kent, Joe Cairns, passed away shortly before Christmas Joe, who retired to live in Stratford-upon-Avon several years ago, was a regular attendee during the early years of wildlife crime conferences when they were run by the RSPB. Long serving WCOs will remember him and be saddened at this news. Joe was a good friend to the RSPB and we send our condolences to all his family and friends. 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 to sarah.eaton@rspb.org.uk or by fax to 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 letting us know of any changes. BirdLife INTERNATIONAL The RSPB is the UK charity working to secure a healthy environment for birds and wildlife, helping to create a better world for us all. We belong to BirdLife International, the global partnership of bird conservation organisations. The RSPB UK Headquarters, The Lodge, Sandy, Bedfordshire SG19 2DL Tel: Northern Ireland Headquarters, Belvoir Park Forest, Belfast BT8 7QT Tel: Scotland Headquarters, 25 Ravelston Terrace, Edinburgh EH4 3TP Tel: Wales Headquarters, Sutherland House, Castlebridge, Cowbridge Road East, Cardiff CF11 9AB Tel: For further RSPB publications and more information on wild birds and the law, visit Regd charity no